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r <br />9.4 Conditions on the Fee. The separate ordinance imposing <br />the fee shall not be effective against the Company unless it <br />lawfully imposes and the City quarterly cr more often collects a <br />fee or tax of the same or greater percentage on the receipts from <br />sales of energy within the City by any other energy supplier, <br />provided that, as to such a supplier, the City has the authority <br />to require a franchise fee or to impose a tax. The franchise fee <br />or tax shall be applicable to energy sales for any energy use <br />related to heating, cooling, or lighting, as well as to the <br />supply of energy needed to run machinery and appliances on <br />premises located within or adjacent to the City, but shall not <br />apply to energy sales for the purpose of providing fuel for <br />vehicles. <br />SECTION 10.SEVERABILITY <br />If any portion of this franchise is found to be invalid for <br />any reason whatsoever, the validity of the remainder shall not be <br />affected. <br />SECTION 11.AMENDMENT <br />This ordinance may be amended at any time by the City <br />passing a subsequent ordinance declaring the provisions of the <br />amendment, which amendatory ordinance shall become effective upon <br />the filing of the Company's written consent thereto with the City <br />Clerk within 90 days after the effective date of the amendatory <br />ordinance. <br />SECTION 12.PREVIOUS FRANCHISES SUPERSEDED <br />This franchise supersedes any previous electric franchise <br />granted to the Company or its predecessor. <br />Passed ana approved <br />Mayor of the City of <br />Minnesota <br />ATTEST: <br />Clerk of the City of <br />, Minnesota <br />0060RE02.B18