Ord 2012-032 - Laserfiche WebLink

Home Browse Search

(b) An annual verified and sworn statement of all the Gross Receipts of PEC from the rendition of Electric Utility Services for PEC's prior fiscal year. In no event shall PEC be required to fund any underpayments which occurred more than five (5) years from the date PEC receives written notice of the request. PEC shall give its full cooperation in any audit and shall provide complete responses to inquiries within sixty (60) calendar days of a written request, unless otherwise agreed to by the City and PEC. In the event that an audit by the City conducted pursuant to Section 8.6 reveals an underpayment by PEC in excess of $5,000.00, PEC shall be required to reimburse the City for reasonable expenses incurred in employing consultants in such audit. 8.8 The Franchise fee shall be in lieu of: 8.8.1 any and all other rentals or compensation or franchise, license, privileges, instrument, occupation, excise, or revenue taxes or fees. 8.8.2 all other exactions or charges or permits upon or relating to the business, revenue, franchise, Transmission and Distribution System, and other facilities or property of PEC and its activities in the City which relate to the operations of PEC's Electric Utility Services. 8.9 The Franchise fee shall not be in lieu of: 8.9.1 rentals which may be paid by PEC for the use of the City's poles under a Pole Rental Agreement; or 8.9.2 ad valorem property taxes, special assessments for local improvements, City sales tax, and such other charges for utility service imposed uniformly upon persons, firms, or corporations then engaged in business within the City; or 8.9.3 reimbursements required pursuant to Section 8.7. 8.10 The City shall notify PEC in writing within 30 days of the effective date of any annexation of property into the City limits that would require PEC to include such properties for purposes of calculations of any amounts due hereunder. PEC shall not be liable for any late payments, penalties or interest on the portion of a quarterly payment that does not include gross receipts for PEC customers within a newly annexed area unless PEC is notified by the City within the notice period provided for in this Section 8.10. 8.11 After the Rate Design Change PEC shall not be liable for any past amounts accruing from the date of annexation if City does not notify PEC of annexation within sixty (60) days of the effective date of annexation. 12