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9.4.2 "Fee Schedule" refers to the Schedule in Section 9.1 setting forth the various <br />customer classes from which a franchise fee would be collected if a separate <br />ordinance were implemented immediately after the effective date of this <br />franchise agreement. The Fee Schedule in the separate ordinance may include <br />new Customer Classes added by the Company to its gas tariffs after the <br />effective date of this franchise agreement. <br />Thenn shall be a unit of gas provng 100,000 Btu of heat content adjusted <br />billing purposes under the rate schedules of Company on file with <br />Commission. I <br />9.5 EQuivalent Fee R din <br />gquirerigent. The separate or ance imposing the fee shall not <br />effective against Company unless it lawfiAy imposes and the City, monthly or more often collects a <br />any other energy supplier, provided that, as to such a supplier, the City has the authority torequite <br />ftunchise fee or to impose a tax. The "same or greater equivalent amoune' shall be measured, <br />practicable, by comparing amounts collected as a franchise fee froin each similar customer, or <br />comparing, as to similar customers the percentage of the annual bill represented by the amo <br />collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for <br />I 0 r ar <br />energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall n <br />apply to energy sales for the purpose of providing fuel for vehicles. If the Company spe ral <br />consents in writing to a franchise or separate ordti inance collecng or fang to coe 0 <br />l[ect a fe <br />another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived] <br />the extent of such written consent. <br />9.6 City Use. and Rgpgrd" of Franchise Fee Revenue. The City shall deposit said <br />franchise fee revenue into a City fand titled "Street Use Revitalization Fund (SURF)" of which all <br />franchise fee proceeds shall be used for the specific use of preserving and repairing city streets <br />indudin& but not limited to, methods such as crack seal, fog seal, mill and overlay, hot in place recycle, <br />cold in place recycle, and full depth reclamation. Unless otherwise included in the Citys annual audit, <br />each year the City shall prepare and publish a report detailing the additional preservation and repait <br />projects able to be completed with said fianchise revenue. <br />10.1 SoLe �bih Every section, provision, or part of this Ordinance is declared separate <br />from every other section, provision, or part and if any section, provision, or part shall be held <br />I nvalid, it shall not affect -any other section, provision, or part. Where a provision of any other City <br />ordinance or state law conflicts with the provisions of this Ordinance, the provisions of this <br />Ordinance shall prevail. Unless specifically exempted by the language of this agreement, Minnesota <br />Statutes Chapter 216D, and Minnesota Administrative Rules Chapter 7819 shall still govern the <br />relationship between the parties. <br />10.2 Limitation on A <br />bwaweatkywieneunrethte Ctity and Company aps htghe only p(arties angddno pprobvisiontio <br />is ffranchAohe benfiofanhd peondnheuoaohiisc <br />eonshst <br />i?MV 29 JJ alttl <br />uiitnne or otherwise give rise to any cause of action in any person not a party hereto. <br />im <br />