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on units of ener ',y delivered to any class of retail customers within the corporate limits of <br />the Ci The method of im i osin ' the franchise fee the i ercenta ' e of revenue rate or the <br />flat rate based on metered service may differ for each customer class or combine the <br />methods described in (i) - (iii) above in assessing the fee. The City shall seek to use a <br />formula that provides a stable and predictable amount of fees, without niacin ' the <br />Compan at a com . etitive disadvantage. If the Company claims that the City re a uired fee <br />formula is discriminator or otherwise . laces the Com s an at a com . etitive disadvanta ' e <br />the Com, an shall provide a formula that will produce a substantially similar fee amount <br />to the Ci and reimburse the Ci 's reasonable fees and costs in reviewin ' and <br />im • lementin <br />the formula <br />The Ci will attem <br />t to accommodate the <br />Com . an <br />but is <br />under no franchise obligation to adopt the Company- proposed franchise fee formula and <br />each review will not delay the implementation of the City- imposed fee. <br />9.2. Separate Ordinance. The franchise fee shall be im . osed by se I arate <br />ordinance dul ado s ted b the Ci Council which ordinance shall not be ado . ted until at <br />least thir <br />30 <br />da <br />s after written notice enclosin <br />such <br />ro . osed ordinance has <br />been <br />served upon the Com. any. The fee shall become effective ten 10) da s after written notice <br />enclosin • such ado . ted ordinance has been served u s on the Com an b certified mail. <br />9.3. Condition of Fee. The separate ordinance imposing the fee shall not be <br />effective a ' ainst the Com i an unless it lawful) im i oses a fee of the same or substantial) <br />similar amount on the sale of electric ener within the Ci <br />su . i her <br />rovided that <br />franchise fee. <br />as to such su <br />lier <br />the <br />Ci <br />has <br />b <br />an other electric ener <br />the authori <br />Unless otherwise a ' reed b <br />the <br />Com <br />the <br />Ci <br />will <br />franchise fee that exceed five <br />5 • ercent of the <br />ross revenues derived b <br />to <br />not <br />the <br />re ' uire a <br />im ose a <br />Compan <br />from operations within the City, provided, however that such limit will not anal if <br />throu ' h dere ' ulation or other cause allowin customers to • urchase electrici from <br />o i erations in the <br />sources other than the Com . an the Com <br />an 's <br />City are reduced during the term of this franchise. <br />ross revenues from <br />9.4. Collection of Fee. The franchise fee shall be i a able not less than a uarterl <br />durin ' com s lete billin <br />months of the s eriod for which <br />a ment is to <br />be made. <br />The <br />franchise fee formula ma <br />be chap ' ed from time to time however <br />the chan <br />e shall meet <br />the same notice re <br />uirements and the fee ma <br />Such fee shall not exceed any amount that the Company may le. ally char • e to its <br />customers prior to pa ment to the Ci . Such fee is sub'ect to subse a uent reductions to <br />account for uncollectibles and customer refunds incurred by the Company. The Company <br />a to make available for ins . ection b the Ci at reasonable times .all records <br />not be <br />ch <br />an <br />ed <br />more often <br />than <br />annuall <br />rees <br />necessary to audit the Company's determination of the franchise fee • avments. <br />9.5. Continuation of Franchise Fee. If this franchise expires and the City and the <br />Compan are unable to agree upon terms of a new franchise, the franchise fee, if any being <br />imposed by the City at the time this franchise expires will remain in effect until a new <br />franchise is agreed upon. <br />SECTION 10. PROVISIONS OF ORDINANCE. <br />333271v1 JMS KG400 -3 <br />8 <br />• <br />