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legally unable to first collect an amount equal to the franchise fee from its customers in each applicable <br />class of customers by imposing a surcharge in Company's applicable rates for electric service. <br />Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to <br />account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its <br />records available for inspection by the City at reasonable times provided that the City and its <br />designated representative agree in writing not to disclose any information which would indicate the <br />amount paid by any identifiable customer or customers or any other information regarding identified <br />customers. In addition, the Company agrees to provide at the time of each payment a statement <br />summarizing how the franchise fee payment was determined, including information showing any <br />adjustments to the total surcharge billed in the period for which the payment is being made to account <br />for any uncollectibles, refunds or error corrections. <br />10.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be <br />effective against Company unless it lawfully imposes and the City monthly or more often collects a fee <br />or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by <br />any other energy supplier, provided that, as to such a supplier, the City has the authority to require a <br />franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if <br />practicable, by comparing amounts collected as a franchise fee from each similar customer, or by <br />comparing, as to similar customers the percentage of the annual bill represented by the amount <br />collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any <br />energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not <br />apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically <br />consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from <br />another energy supplier in contravention of this Section 10.5, the foregoing conditions will be waived <br />to the extent of such written consent. <br />10.6 Notification Requirement. In addition to the required proceedings and notification <br />of the public by the City, a joint letter will be sent on behalf of the City and Company by Company <br />clearly explaining the purpose and use of the fee, the fee schedule including frequency of billing <br />which clearly state Connexus is required under law to bill and collect the fee and distribute funds <br />back to the City. Connexus is not profiting in any way by administer the franchise fee. <br />SECTION 11. SEVERABILITY. <br />If any portion of this franchise is found to be invalid for any reason whatsoever, the validity <br />of the remainder shall not be affected. <br />SECTION 12. AMENDMENT. <br />This ordinance may be amended at any time by the City passing a subsequent ordinance <br />declaring the provisions of the amendment, which amendatory ordinance shall become effective <br />upon the filing of the Company's written consent thereto with the City Clerk within 90 days after <br />the effective date of the amendatory ordinance. <br />7 <br />