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equivalent to such fee in its rates for electric service. The <br />Company may pay the City the fee based upon the surcharge billed <br />subject to subsequent reductions to account for uncollectibles or <br />customer refunds.The time and manner of collecting the franchise <br />fee is subject to the approval of the Public Utilities Commission, <br />which the Company agrees to use best efforts to obtain.The <br />Company agrees to make its gross revenues records available for <br />inspection by the City at reasonable times. <br />9.4 Conditions on the The separate ordinance <br />imposing the fee shall not be effective against the Company unless <br />it lawfully imposes and the City quarterly or more often collects <br />a fee or tax of the same or greater percentage on the receipts <br />from 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 supply <br />of energy needed to run machinery and appliances on premises <br />located within or adjacent to the City, but shall not apply to <br />energy sales for the purpose of providing fuel for vehicles. <br />SECTION 10.SEVgRABILTTV <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. <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.PREVTOnS FRANCHISES SITPERSFPgn <br />This franchise supersedes any previous electric franchise <br />granted to the Company or its predecessor. <br />Passed and approved <br />Mayor of the Citj <br />Minnesota <br />ATTEST; <br />Clerk of the City of <br />_ _ _ _ _ _ _ _ _Minnesota <br />23 2SPS