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9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any <br /> permit or other fees being imposed on Company, the City may impose on Company a franchise <br /> fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from <br /> each customer in the designated Company Customer Class. The parties have agreed that the <br /> franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall <br /> not exceed the following amounts. <br /> Class Fee Per Premise Per Month <br /> Residential $ 3.00 <br /> Sin C &I—Non-Demand $4.00 <br /> Sm C &I—Demand $22.00 <br /> Large C &I $ 329.00 <br /> Public Street Ltg $ - <br /> Muni Pumping N/D $ - <br /> Muni Pumping—Demand $ - <br /> 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance <br /> duly adopted by the City Council,which ordinance shall not be adopted until at least 90 days after <br /> written notice enclosing such proposed ordinance has been served upon Company by certified <br /> mail. The fee shall not become effective until the beginning of a Company billing month at least <br /> 90 days after written notice enclosing such adopted ordinance has been served upon Company by <br /> certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company <br /> and the City in regard to the interpretation of,or enforcement of,the separate ordinance. No action <br /> by the City to implement a separate ordinance will commence until this Ordinance is effective. A <br /> separate ordinance which imposes a lesser franchise fee on the residential class of customers than <br /> the maximum amount set forth in Section 9.1 above shall not be effective against Company unless <br /> the fee imposed on each other customer classification is reduced proportionately in the same or <br /> greater amount per class as the reduction represented by the lesser fee on the residential class. <br /> 9.3 Terms Defined. For the purpose of this Section 9, the following definitions apply: <br /> 9.3.1 "Customer Class" shall refer to the classes listed on the Fee Schedule and as defined <br /> or determined in Company's electric tariffs on file with the Commission. <br /> 9.3.2"Fee Schedule"refers to the schedule in Section 9.1 setting forth the various customer <br /> classes from which a franchise fee would be collected if a separate ordinance were implemented <br /> immediately after the effective date of this franchise agreement. The Fee Schedule in the separate <br /> ordinance may include new Customer Class added by Company to its electric tariffs after the <br /> effective date of this franchise agreement. <br /> 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based <br /> on the amount collected by Company during complete billing months during the period for which <br /> payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable <br /> customer classification in all customer billings for electric service in each class. The payment shall <br /> be due the last business day of the month following the period for which the payment is made. The <br /> franchise fee may be changed by ordinance from time to time; however, each change shall meet the <br /> same notice requirements and not occur more often than annually and no change shall require a <br /> collection from any customer for electric service in excess of the amounts specifically permitted by <br /> 6 <br />