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) ; ir <br />SECTION 8. CHAbIGE INFOR" 1! L.KY11V ER.PJMM,,TT. <br />...................................................................................................... ! ...............................,,,,,,,,,,,,,,,,,,,,!IIS,,, ...... .. ................. ........ . ............................................................................ <br />Any change in the form. of government of the City shall not affect the validity of this <br />Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, <br />succeed to all of therights and obligations of the• City provided in this Ordinance. <br />SECTION 9. FEE. <br />9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of ara <br />permit or other fees being imposed on Company, the City may impose on Company a franchise f <br />by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance f&rormn <br />customer in the designated Company Customer Class. The parties have agreed that the firanchi <br />fee collected by the Company and paid to the City in accordance with this Section 9 shall <br />calculated on a flat fee basis. <br />9.2 Separate Ordinance. The ftanchise fee shall be imposed by a separate ordinance duly <br />adopted by the City Council, and that separate ordinance shall dictate the date upon which <br />collection of that franchise fee shall commence. Section 2.5 shall constitute the sole remedy for <br />solving disputes between Company and the City in regard to the interpretation of, or enforcement <br />of, the separate ordinance. A separate ordinance which imposes a lesser franchise fee on the <br />residential class of customers than the maximum amount set forth in Section 9.1 above shall not be <br />effective against Company unless the fee imposed on each other customer classification is reduced <br />[.1ropottionately in the same or greater amount per class as the reduction represented by the lesser <br />fee on the residential class. <br />09111111"�P �1- 414M <br />"Customer Class" shall refer to the classes listed on the Fee Schedule w <br />defined 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 vario <br />customer classes from which a franchise fee would be collected if a separate ordinance w <br />implemented immediately after the effective date of this franchise agreement. 1he Fee Schedule <br />the separate ordinance may include new Customer Class added by Company to its electric tari <br />after the effective date of this franchise agreement, or may be annually amended toreflect chan <br />in the franchise fees imposed by the City. I <br />9.3.3 "Gross Revenue' means all sums, excluding any surcharge or similar additi <br />to the Company's charges to customers for the purpose ofreimbursing the Company for the co_ <br />r _1 <br />resulting from the franchise fee, received by the Company from the sale of electricity to its re <br />customers within the corporate limits of the City. <br />oe '. The franchise fee shall be payable quarterly and shall be based <br />n the amount od b <br />cllectey Company during complete bng months during the pexiod for which <br />customer d[assirn in all customer billings for electric service in each class. The payment shall b,; <br />due the last business day of the month following the period for which the payment is made. Th,-; <br />franchise fee may be changed by ordinance from time to time; however, each change shall meet th,; <br />R <br />