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financially subsidized in whole or in part by the Federal Government or any <br />agency thereof, unless the reasonable Non-Betterment Costs of such relocation <br />and the loss and expense resulting there from are paid to Company when available <br />to the City. The City need not pay those portions of such for which <br />reimbursement to it is not available. <br /> <br />4.3 <br /> <br />No Waiver. The provisions of Section 4 apply only to Gas Facilities constructed <br />in reliance on a permit or franchise from City and Company does not waive its <br />rights under an easement or prescriptive fight or State or County permit. <br /> <br />SECTION 5. 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 6. FRANCHISE FEE. <br /> <br />6.1. <br /> <br />Form. During the term of the franchise hereby granted, and in addition to permit <br />fees being imposed or that the City has a right to impose, the City may charge the <br />company a franchise fee. The fee may be (i) a percentage of gross revenues <br />received by the Company for its operations within the City, or (ii) a flat fee per <br />customer based on metered service to retain customers within the City or on some <br />other similar basis, or (iii) a fee based on metered service may differ for each <br />customer class or combine the methods described in (i) - (iii) above in assessing <br />the fee. The City shall seek to use a formula that provides a stable and predictable <br />amount of fees, without placing the company at a competitive disadvantage. If <br />the Company claims that the City required fee formula is discriminatory or <br />otherwise places the Company at a competitive disadvantage, the Company shall <br />provide a formula that will produce a substantially similar fee amount to the City <br />and reimburse the City's reasonable fees and costs in reviewing and implementing <br />the formula. The City will attempt to accommodate the Company but is under no <br />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 /> <br />6.2 <br /> <br />Condition of Fee. The separate ordinance imposing the fee shall not be effective <br />against the Company unless it lawfully imposes a fee of the same or substantially <br />similar amount on the same of gas energy within the City by any other gas energy <br />supplier, provided that, as to such supplier, the City has the authority or <br />contractual right to require a franchise fee or similar fee through a previously <br />agreed upon franchise. <br /> <br />6.3 <br /> <br />Terms Defined. The term "gross revenues" means all sums, excluding any <br />surcharge or similar addition to the Company's charges to customers for the <br />purpose of reimbursing the Company for the cost resulting from the franchise fee, <br />received by the Company from the sale of natural gas to its retail customers <br />within the corporate limits of the City. <br /> <br />6.4 <br /> <br />Collection of the Fee. The franchise fee shall be payable not less often than <br />monthly, and shall be based on the gross revenues of the Company during <br />complete billing months during the period for which payment is to be made. The <br />percent fee may be changed from time to time; however, each change shall meet <br /> <br /> <br />