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6 <br />loss and expense resulting from such relocation are first paid to Company. In no case, however, <br />shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota <br />Statutes, Section 160.29. <br /> <br />SECTION 8. CHANGE IN FORM OF GOVERNMENT. <br /> <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 the rights and obligations of the City provided in this Ordinance. <br /> <br />SECTION 9. FRANCHISE FEE. <br /> <br />9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any <br />permit or other fees being imposed on the Company, the City may impose on the Company a <br />franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance <br />from each customer in the designated Company Customer Class. The parties have agreed that the <br />franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall <br />not exceed the following amounts: <br /> <br /> Class Fee Per Premise Per Month <br /> <br /> Residential $ 1.75 <br /> Commercial Firm Non-Demand $ 7.00 <br /> Commercial Firm Demand $ 11.00 <br /> Small Interruptible $ 45.00 <br /> Medium and Large Interruptible $ n/a <br /> Firm Transportation $ n/a <br /> Interruptible Transportation $ n/a <br /> <br />9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance <br />duly <br />adopted by the City Council, which ordinance shall not be adopted until at least 90 days after <br />written notice enclosing such proposed ordinance has been served upon Company by certified mail. <br />The fee shall not become effective until the beginning of a Company billing month at least 90 days <br />after written notice enclosing such adopted ordinance has been served upon Company by certified <br />mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the <br />City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the <br />City to implement a separate ordinance will commence until this Ordinance is effective. A separate <br />ordinance which imposes a lesser franchise fee on the residential class of customers than the <br />maximum amount set forth in Section 9.1 above shall not be effective against Company unless the <br />fee imposed on each other customer classification is reduced proportionately in the same or greater <br />amount per class as the reduction represented by the lesser fee on the residential class. <br /> <br /> 9.3 Collection of the Fee. The franchise fee shall be payable quarterly and shall be <br />based on the amount collected by Company during complete billing months during the period for <br />which payment is to be made by imposing a surcharge equal to the designated franchise fee for the