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Ordinance No. 12-05 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 12-05 AN ORDINANCE IMPOSING A PRIVILEGE TAX ON PORTLAND GENERAL ELECTRIC COMPANY FOR USE OF CITY RIGHTS OF WAY IN THE PROVISION OF ELECTRIC SERVICE. WHEREAS, the City Council enacted Ordinance No. 93-07, granting a renewal of the franchise of Portland General Electric Company (PGE) in February 1993, until February 2013, and setting the franchise fee to be paid for use of City rights of way at 3.5% of gross revenues earned by PGE in the provision of electric service in the City;and WHEREAS, pursuant to Ordinance No. 93-07 Section 10(k), the City retains the right, as permitted by Oregon law,to charge a privilege tax in addition to the franchise fee set forth in the franchise Ordinance in an amount not to exceed 1.5%per annum based on the defined gross revenues of the company;and WHEREAS, the City Council deems it to be in the public interest to increase the annual fee paid by PGE for use of City rights of way to 5%,as provided by Oregon law. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: There is hereby imposed a 1.5% per annum privilege tax to be paid by Portland General Electric Company in addition to the existing 3.5% franchise fee, in order to reach a combined annual fee total of 5% per annum of the gross revenues earned by PGE in the provision of electric service in the City of Tigard. SECTION 2: This ordinance is effective thirty days after its passage by the council, signature by the mayor, and posting by the city recorder. PASSED: By u naw maws vote of Council members present after being read by number and title only,this l of `day o ,2012. Catherine Wheatley,City Recorder bC� APPROVED: By Tigard City Council this J day f ,2012. 4 Cr A4a�er lire.+then C 2u Mow, CundL Pr<&;dent Approved as to form: c"1lal,a., City Attorne -'.WGGIa9 UASeJ Date ORDINANCE NO. 12-�5 Page 1