Ord. #81, Second Series - Electric Franchise Ord. - NSP

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customer classification in all customer billings for electric service in each class. The payment shall due the last business day of the month following the period for which the payment is made. fi-mchise fee may be changed by ordinance from time to time; however, each change shall. meet same notice requirements and not occur more often than annually and no change shall requite mmi*it kvlw 9TT -s?unllx I :I Section 9. The time and manner of collecting the franchise fee is subject to the approval of Commission. No fi!anchise fee shall, be payable by Company if Company is legally unable to fit, collect an amount equal to the franchise fee from its customers in each applicable class of customers imposing a surcharge in Company's applicable rates for electric service. Company may pay the 2-ty fee based upon the surcharge billed subject to subsequent reductions to account for uncoll tibl refands and correction of moneous billings. Company agrees to make its records available insgectio bv the Qtv -a reasonable times irovided that the Citv and its de" renresentative a. At UP lUk-CIUSC -ALy TROTITIMM77-71-1-En T-Tnuliulcaie H-e RMITMY FTV Dy aul 1 customer or customers or any other information regarding identified customers. r MiZZ-3 'Uglkikitifut - I a '11100511,111a"In 10, 114ILW-NNIM lose a 0 11 SIMON- I any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. 1he "same or greater equivalent amouniC' shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to sin-�ilar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall. not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent 9.6 C4 Use and RepprtLng of Franchise Fee Revenue. The City shall deposit s franchise fee revenue into a City fund titled "Street Use Revitalization Fund (SURF)" of which franchise fee proceeds shall. be used for the specific use of preserving and repairing city stree cold in place recycle, and full depth reclamation. Unless otherwise included in the City's annual au each year the City shall prepare and publish a report detailing the additional preservation and rep projects able to be completed with said franchiserevenue. )I 14.1 &N�bili ' . Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall. not affect any other section, provision, or part. Where a provision of any other City ordinance or state law corifficts with the provisions of this Ordinance, the provisions of this Ordinance shall prevaiL Unless specifically exempted by the language of this agreement� Minnesota Statutes Chapter 2161, and Minnesota Administrative Rules Chapter 7819 shall. still. govern the relationship between the parties. h