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9.3.2 "Fee Schedule"refers to the schedule in Section 9.1 setting forth the various <br /> customer classes from which a franchise fee would be collected if a separate ordinance were <br /> implemented immediately after the effective date of this Franchise. The Fee Schedule in the <br /> separate ordinance may include new Customer Class added by Company to its electric tariffs after <br /> the effective date of this Franchise. <br /> 9.3.3 "Gross Revenue" means all sums, excluding any surcharge or similar <br /> addition to the Company's charges to customers for the purpose of reimbursing the Company for <br /> the cost resulting from the franchise fee, received by the Company from the sale of electricity to <br /> its customers in the Company Service Area. <br /> 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be <br /> based on the amount collected by Company during the period for which payment is to be made by <br /> imposing a surcharge equal to the designated franchise fee beginning on the agreed effective date <br /> for the applicable customer classification in all customer billings for electric service in each class. <br /> The payment shall be due the last business day of the month following the period for which the <br /> payment is made. The franchise fee may be changed by ordinance from time to time; however, <br /> each change shall meet the same notice requirements and not occur more often than annually and <br /> no change shall require a collection from any customer for electric service in excess of the amounts <br /> specifically permitted by this Section 9. The time and manner of collecting the franchise fee may <br /> be subject to the approval of the Commission. No franchise fee shall be payable by Company if <br /> Company is legally unable to first collect an amount equal to the franchise fee from its customers <br /> in each applicable class of customers by imposing a surcharge in Company's applicable rates for <br /> electric service. Company may pay the City the fee based upon the surcharge billed subject to <br /> subsequent reductions to account for uncollectibles,refunds and correction of erroneous billings. <br /> Company agrees to disclose to the City(1)the total number of members in the City limits; (2)the <br /> rate classification totals; and(3)the total amount collected. The Company shall not be required to <br /> disclose identifiable customer or customer information or any other information regarding identified <br /> customers. The Company agrees to provide at the time of each payment a statement summarizing <br /> how the franchise fee payment was determined, including information showing any adjustments <br /> to the total surcharge billed in the period for which the payment is being made to account for any <br /> uncollectibles,refunds or error corrections. <br /> 9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be <br /> effective against Company unless it lawfully imposes and the City quarterly or more often collects <br /> a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within <br /> the City by any other energy supplier. The"same or greater equivalent amount"shall be measured, <br /> if practicable, by comparing amounts collected as a franchise fee from each similar customer, or <br /> by 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 <br /> for any energy use related to heating, cooling or lighting, or to run machinery and appliances. If <br /> the Company specifically consents in writing to a franchise or separate ordinance collecting or <br /> failing to collect a fee from another energy supplier in contravention of this Section 9.5, the <br /> foregoing conditions will be waived to the extent of such written consent. <br /> 217967v2 7 <br /> 133 <br />