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. . .' , -, '. City's order directing vacation of the Public Way does not require relocation of the Company's Electric Facilities, the vacation proceedings shall not be deemed to deprive Company of its right to continue to use the right-of-way of the former Public Way for its Electric Facilities installed prior to such order of vacation. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the initial fee collected by the Company and paid to the City in accordance with this Section 9 shall not to exceed the following amounts. Class Fee Per k\XTh Rcsidential Sm C & I - Non.Dem Sm C & I-Demand Large C & I Public Street Ltg Muni Pumping~N/D MuniPumping - Dem $0.0023 $0.0023 $0.0016 $0.0009 $0.0023 $0.0023 $0.0016 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become cffective until at lcast 60 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. Notwithstanding the Fee Schedule in Section 9.1, during the term of this franchise at intervals no more frequently than one year, the City may impose a lesser fee under Section 9.4 or the City may request an amendment pursuant to Section 11 allowing the City to impose a greater fee on one or more Classes of customer and/or a different fee design, including but not limited to, a percentage of gross revenue from Company's operations within the City, or a meter fee. If the City proposes such an amendment, it shall notify Company in writing no less than six (6) months prior to the anniversary date of the then cutrent franchise fee required by the City. Promptly thereafter, City and Company shall attempt to negotiate a mutually acceptable modification to the fee amount and design for intended future collection by Company. If City and Company are unable to agree on a modification, all disputes shall be resolved pursuant to Section 2.5 of this franchise ordinance. Nothing in this Section is intended to be a limitation on the City's right to raise revenue JMS-223420v3 NE136-154 6