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Gas w/fee <br /> Class Fee Per Premise Per Month <br /> Residential $ <br /> Commercial Firm Non-Demand $ <br /> Commercial Firm Demand $ <br /> Small Interruptible $ <br /> Medium and Large Interruptible $ <br /> Firm Transportation $ <br /> Interruptible Transportation $ <br /> 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly <br /> adopted by the City Council, which ordinance shall not be adopted until at least 90 days after written <br /> notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee <br /> shall not become effective until the beginning of a Company billing month at least 90 days after <br /> written notice enclosing such adopted ordinance has been served upon Company by certified mail. <br /> Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in <br /> regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to <br /> implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance <br /> which imposes a lesser franchise fee on the residential class of customers than the maximum amount <br /> set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each <br /> other customer classification is reduced proportionately in the same or greater amount per class as the <br /> reduction represented by the lesser fee on the residential class. <br /> 9.3 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 gas service in each class. The payment shall be due <br /> the last business day of the month following the period for which the payment is made. The franchise <br /> fee may be changed by ordinance from time to time; however, each change shall meet the same notice <br /> requirements and not occur more often than annually and no change shall require a collection from <br /> any customer for gas service in excess of the amounts specifically permitted by this Section 9. The <br /> time and manner of collecting the franchise fee is subject to the approval of the Commission. No <br /> franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal <br /> to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in <br /> Company's applicable rates for gas service. Company may pay the City the fee based upon the <br /> surcharge billed subject to subsequent reductions to account for uncollectibles,refunds and correction <br /> of erroneous billings. Company agrees to make its records available for inspection by the City at <br /> reasonable times provided that the City and its designated representative agree in writing not to <br /> disclose any information which would indicate the amount paid by any identifiable customer or <br /> customers or any other information regarding identified customers. <br /> 9.4 Terms Defined. <br /> 9.4.1 "Customer Class" shall refer to classes listed in the Fee Schedule and as <br /> defined or determined in Company's gas rate book on file with the <br /> Commission. <br /> 6 <br /> 18 <br />