Quick question for the group. Ameren Missouri is charging franchise fees on a school district account here in Springfield. I thought public schools were typically exempt from municipal franchise fees, but Ameren claims the Springfield franchise ordinance doesn't include an exemption. Anyone dealt with school district franchise fee exemptions in Missouri? The monthly charge is about $800 on a 400 kW account.
Ameren Missouri franchise fee exemption for schools?
Elmer - Texas has statutory exemptions for school districts under Education Code Section 11.11, but each state is different. In Missouri, you'll want to check Chapter 92 RSMo regarding municipal franchises. Even if the local ordinance doesn't explicitly exempt schools, there might be state law that preempts municipal taxation of public school facilities. CPS Energy tried to charge franchise fees on San Antonio ISD and had to reverse it based on state law.
Had this exact issue with AEP Texas serving a school district in Corpus Christi. The city franchise ordinance included schools in the fee structure, but Texas Education Code Section 11.11(a) specifically prohibits local taxes on school district property used for educational purposes. AEP initially refused to remove the charges but reversed position after we cited the statute. Missouri might have similar state law protections for schools.