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SECTION 8. CHANGE IN FORM OF GOVERNMENT. <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 <br />Company, succeed to all of the rights and obligations of the City provided in this Ordinance. <br />SECTION 9. FRANCHISE FEE. <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 Company, the City may impose on Company a <br />franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate <br />ordinance from each customer in the designated Company Customer Class. The parties have <br />agreed that the franchise fee collected by the Company and paid to the City in accordance <br />with this Section 9 shall not to exceed the following amounts. <br />Class Fee Per Month <br />Residential <br />Sm C & I - Non -Dem <br />Sm C & I - Demand <br />Large C & I <br />Public Street Ltg <br />Muni Pumping -N /D <br />MuniPumping - Dem <br />9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance <br />duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days <br />after written notice enclosing such proposed ordinance has been served upon Company by <br />certified mail. The fee shall not become effective until at least 60 days after written notice <br />enclosing such adopted ordinance has been served upon Company by certified mail. Section <br />2.5 shall constitute the sole remedy for solving disputes between Company and the City in <br />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 <br />prop rti natcl5 it <br />lesser fcc. on the residential class. <br />9.3 <br />apply: <br />resentcd by the <br />Terms Defined. For the purpose of this Section 9, the following definitions <br />9.3.1 "Customer Class" shall refer to the classes listed on the Fee Schedule and <br />as defined or determined in Company's electric tariffs on file with the Commission. <br />7 <br />- 1 4 - <br />