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6 <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, the City may <br />impose on Company, in lieu of any right-of-way permit fee, a franchise fee as indicated in a Fee <br />Schedule set forth in a separate ordinance, as may be amended or superseded from time to time. <br />Such fee shall not exceed any amount that the Company may legally charge to its customers and <br />shall be imposed consistent with any applicable Commission order or tariff establishing franchise <br />fee filing requirements. <br /> <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 30 days <br />after Notice enclosing such proposed ordinance has been provided to the Company. The fee <br />shall not become effective until the beginning of a Company billing month at least 90 days after <br />Notice enclosing such adopted ordinance has been provided to Company. Section 2.5 shall <br />constitute the sole remedy for solving disputes between Company and the City in regard to the <br />interpretation of, or enforcement of, the separate ordinance. <br /> <br /> 9.3 Collection of the Fee. The franchise fee shall be payable as provided in the <br />separate fee ordinance. The franchise fee shall be payable quarterly and shall be based on the <br />amount collected by Company during complete billing months during the period for which payment <br />is to be made by imposing a surcharge equal to the designated franchise fee for the applicable <br />customer classification in all customer billings for electric service in each class. The payment shall <br />be due the last business day of the month following the period for which the payment is made. The <br />franchise fee may be changed by ordinance from time to time; however, each change shall meet the <br />same notice requirements and not occur more often than annually. The time and manner of <br />collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be <br />payable by Company if Company is legally unable to collect an amount equal to the franchise fee <br />from its customers in each applicable class of customers by imposing a surcharge in Company’s <br />applicable rates for electric service. Company may pay the City the fee based upon the surcharge <br />billed subject to subsequent reductions to account for uncollectibles, refunds and correction of <br />erroneous billings. Company agrees to make its records available for inspection by the City at <br />reasonable times provided that the City and its designated representative agree in writing not to <br />disclose any information which would indicate the amount paid by any identifiable customer or <br />customers or any other information regarding identified customers. <br /> <br /> 9.4 Equivalent Fee. The separate ordinance imposing the fee shall not be effective <br />against Company unless City lawfully imposes an equivalent franchise fee on the sales of energy by <br />any other franchised energy supplier operating in the City.