Ord. #77, Second Series - Electric Franchise Ord. - Connexus Energy

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same notice requirements and •;. occur more often than annually and #'..♦ change shall requite a collection from any customer for electric service in excess of the amounts sy -_,ecificalhwerrnitted by this Section 9. No franchise fee shall he payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for electric service. Company may pay the City die fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. In addition, the Company agrees to provide at the time of each payment a statement summarizing how the fi-anchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for winch the payment is being made to account for any uncollectibles, refimds or error corrections. 9.5 Equivalent Fee Rgquirement. 'rhe separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to requite a ftanchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if fwracticable, by compating amounts collected as a franchise fee from each similar customer, or by cornpating, as to similar customers the percentage • the •': bill represented by the amount collected for franchise fee purposes. The fimnchise 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 ,mother energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. 9.6 Notification Requirement. In addition to the required proceedings and notification of the public by the City, a joint letter will be sent on behalf of the City and Company clearly "IffNP-141 VAUffYV?'YA1 clearly state • is required under law to bill and collect the fee and distribute funds back to the City. 41 PC" N to) 10.1 SoTmbili1g. Every section, provision, or part of this Ordinance is declared sep Ira from every other section, provision, or part and if any section, provision, or part shall be h Cle invalid, it shall not affect any other section, provision, or part. Where a provision of any other i ordinance or state law confficts with the provisions of this Ordinance, the provisions of Ordinance shall prevail. Unless specifically exempted by the language of this agreement, Minnes Statutes Chapter 216D, and Minnesota Administrative Rules Chapter 7819 shall still govern relationship between the parties. 10.2 Limitation on A .V . This Ordinance constitutes a franchise agreement between the City and Company as the only parties, and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any iN