3.20.020 Fees and Payment.
A. Except as provided in subsection (B) of this section, utilities with facilities in rights-of-way shall pay the City a utility license fee based on a percentage of their gross operating revenue as follows:
1. Water and sewer utilities: five percent through June 30, 2020, six percent thereafter.
2. Utility services that are subject to ORS 221.410 through 221.655: seven percent.
3. Electric utilities other than cooperatives: seven percent.
4. Natural gas utilities: seven percent.
5. All other utilities: five percent.
B. To the extent that Federal or State law imposes limitations on the amount that the City can charge as a utility license fee that is less than the fee established in subsection (A) of this section, the utility license fee shall be the maximum amount allowed by applicable law.
C. If an entity provides services that are subject to ORS 221.410 through 221.655 or are subject to State or Federal limitations and also provides other services that are subject to the utility license fee without limitation, it shall calculate and pay both any amount subject to any limitation and any amount not subject to the limitation.
D. Utilities that pay a franchise fee may deduct the amount of the franchise fee payments from the amount due for the utility license fee. Nothing in this section limits the City’s authority to establish a franchise fee that is greater than the utility license fee. [Ord. NS-2335, 2019; Ord. NS-2182, 2012]