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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 <br />Residential <br />Sm C & I — Non-Dem <br />Sm C & I — Demand <br />Large C & I <br />Public Street Ltg <br />Muni Pumping N/D <br />Muni Pumping — Dem <br />Fee Per Premise Per Month <br />$ 3.25 <br />$ 4.25 <br />$ 21.00 <br />$ 319.00 <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 />31 <br />