10.02 Gas Franchise & Franchise Fee Ordinances

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added by the Company to its gas tariffs after the effective date of this franchise agxeement 9.4.3 Therm shall be a unit of gas providing 100,000 Btu of heat content adjusted for billing purposes under the rate schedules of Company on file with the Commission. 9.5 Ec�uivalent Fee Rec�uirement The separate ordinance imposing the fee shall not be effective agautst Company unless it lawfullp imposes and the City monthly or more often collects a fee or tax of the same or greateY equivalent amount on the xeceipts from sales of energy within the City by any other energy supplier,provided tha,t,as to such a supplier,the City ha.s the authoxity to require a franchise fee or to impose a tax. Notwithstanding the foregoing,the sepaxate orclina.nce shall be effective against the Company as provided in the sepa.tate ordina.nce even where no such equivalent ordinance ha,s been passed for othex energy pYoviders in the Citp during any such pexiod that the City is negotiating with such other energy provider for imposition of an equivalent franchise fee upon such provider. As of the effective date of this Ordinance, the City has not previously imposed a f�anchise fee on anp enexgy provider in the City and it will take time to negotiate and adopt such separate ordinances with all other energy providers in the City. If the City imposes a feanchise fee on the Company through a separate ordinance,Company agrees that City sha11 have until Apri130,2021 to impose an equivalent franchise fee upon all other enexgy providers operating in the City a.nd that dus�ug such time the separate franchise fee ordinance with the Company sha11 be in effect as provided in such separate ordina.nce. If any of the separate f�anchise fee ordinances with other energy providers axe not in pla.ce and effective as of April 30, 2021, any separate franchise fee oxdinance with the Company shall expire on April 30, 2021. Notwithstanding the foxegoing,neither expixation as provided in the preceding sentence,nor failure by the City for any reason to impose a separate franchise fee ordinance on the Company and all other energy providers on or before Apri130,2021,shall prevent or prohibit the City from imposing separate franchise fee ordinances on the Company and all other energy pYoviders at any othex time during the term of this franchise agreement The "same or grea,ter equivalent amount" shall be measuxed, if practicable, bp comparing amounts collected as a fianchise fee from each similat customer,or bp comparing,as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to enexgy sales for gas and electric energy use related to heating,cooling ar lighting,ox to run machinery and appliances,but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate orclinance collecting or failing to collect a fee from anotheY energy suppliex in contravention of this Section 9.5,the foxegoing conditions will be waived to the extent of such written consent 9.6. Continuation of Franchise Fee. If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise,the franchise fee,if any being imposed by the City at the time tbis f�anchise expires,will remain in effect until a new fYanchise is agreed upon,but not more than one year after expiration of the term set forth in Section 2.1,and subject to anp continuation as set forth in Section 2.6.The parties understand that no franchise fee sha11 be collected aftex this fia.nchise ha,s expired. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severa� Every section, provision, or part of this OYdinance is declared separate from every other section,provision,or part and if any section,provision,or part shall be held invalid, 7