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on units of ener •y delivered to any class of retail customers within the corporate limits of the Ci . The formula for a franchise fee based on units of ener delivered ma incorporate both commodity and demand units. The method of imposing the franchise fee, the s ercenta ' e of revenue rate or the flat rate based on metered service ma differ for each customer class or combine the methods described in (i) - (iii) above in assessing the fee. The City shall seek to use a formula that provides a stable and predictable amount of fees without a lacin ' the Com . an at a com i etitive disadvanta ' e. If the Com s an claims that the City- required fee formula is discriminator or otherwise • laces the Com . an at a competitive disadvanta ' e, the Company shall provide a formula that will produce a substantially similar fee amount to the City and reimburse the City's reasonable fees and costs in reviewing the formula. The Ci _ will attem s t to accommodate the Com a an but is under no franchise obligation to adopt the Company- proposed franchise fee formula and such review will not dela the im s lementation of the Ci -im • osed fee. 10.2. Separate Ordinance. The franchise fee shall be imposed by se . arate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least thirty (30) da s after written notice enclosin ' such fro s osed ordinance has been served upon the Company. The fee shall become effective ten (10) days after written notice enclosing such adopted ordinance has been served upon the Company b certified mail. 10.3. Condition of Fee. The separate ordinance imposing the fee shall not be effective a. ainst the Com • any unless it lawfully imposes a fee of the same or substantially similar amount on the sale of electric ener ' within the Ci b an other electric ener supplier provided that as to such supplier, the Ci _ has the authori to re• uire a franchise fee. Unless otherwise a ;reed by the Company, the City will not impose a franchise fee that exceed five 5_. ercent of the ' ross revenues derived b the Com s an from 0 erations within the Ci rovided however that such limit will not a 1 if through deregulation or other cause allowing customers to • urchase electrici from sources other than the Com a an the Com . an 's ' ross revenues from o a erations in the City are reduced during the term of this franchise. 10.4. Collection of Fee. The franchise fee shall be payable not less than quarterly durin`, complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time; however, the change shall meet the same notice requirements and the fee may not be changed more often than annually. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to pa ment to the. City. Such fee is sub_ect to subse I uent reductions to account for uncollectibles and customer refunds incurred b_ the Com • an . The Com . an agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company's determination of the franchise fee pa ments. SECTION 11. PROVISIONS OF ORDINANCE. 9.1 11.1. Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part} and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part.. -; provided, however, that • • •