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Attachment 2 275 constitute the sole remedy for solving disputes between Company and the City in regard to 276 the interpretation of, or enforcement of, the separate ordinance. No action by the City to 277 implement a separate ordinance will commence until this Ordinance is effective. 278 279 8.3. Condition of Fee. The separate ordinance imposing the fee shall not be effective 280 against Company unless it lawfully imposes and the City monthly or more often collects a fee 281 or tax of the same or greater equivalent amount on the receipts from sales of energy within 282 the City by any other energy supplier, provided that, as to such a supplier, the City has the 283 authority to require a franchise fee or to impose a tax. The “same or greater equivalent 284 amount” shall be measured, if practicable, by comparing amounts collected as a franchise fee 285 from each similar customer, or by comparing, as to similar customers the percentage of the 286 annual bill represented by the amount collected for franchise fee purposes. If the Company 287 specifically consents in writing to a franchise or separate ordinance collecting or failing to 288 collect a fee from another energy supplier in contravention of this Section 8.3, the foregoing 289 conditions will be waived to the extent of such written consent. 290 291 8.4. Collection of Fee.The franchise fee shall be payable not less than quarterly and shall 292 be based on the amount collected by Company during complete billing months of the period 293 for which payment is to be madeby imposing a surcharge equal to the designated franchise 294 fee for the applicable customer classification in all customer billings for Gasservice in each 295 class. The payment shall be due the last business day of the month following the period for 296 which the payment is made. The franchise fee formula may be changed by ordinance from 297 time to time, however, each change shall meet the same notice requirements and the fee may 298 not be changed more often than annually. Such fee shall not exceed any amount that the 299 Company may legally charge to its customers prior to payment to the City. The time and 300 manner of collecting the franchise fee is subject to the approval of the Commission. No 301 franchise fee shall be payable by Company if Company is legally unable to first collect an 302 amount equal to the franchise fee from its customer in each applicable class of customers by 303 imposing a surcharge in Company’s applicable rates for Gasservice. Such fee is subject to 304 subsequent reductions to account for uncollectibles and customer refunds incurred by the 305 Company, and correction of erroneous billings. The Company agrees to make available for 306 inspection by the City at reasonable times all records necessary to audit the Company’s 307 determination of the franchise fee payments provided that the City and its designated 308 representative agree in writing not to disclose any information which would indicate the 309 amount paid by any identifiable customer or customers or any other information regarding 310 identified customers. 311 312 8.5. Continuation of Franchise Fee. If this franchise expires and the City and the 313 Company are unable to agree upon terms of a new franchise, the franchise fee, if any being 314 imposed by the City at the time this franchise expires, will remain in effect until a new 315 franchise is agreed upon or until the franchise expiration as provided in section 2.6 above. In 316 no event shall the franchise fee continue beyond the franchise expiration as provided in section 317 2.6 above. 318 7 Qbhf!228!pg!384