§ 5.

During the term of the franchise hereby granted, the company shall pay into the treasury of the City of Saint Paul a yearly franchise fee of eight (8) percent, the monetary amount of which is to be measured by the company's gross earnings during 1985, and the payment of such amount shall be in monthly installments continuing through the term of the franchise. The installment payment for each month shall be due on or before the last day of the following month. The company's payment obligation shall be met if payment is mailed and postmarked on or before the due date.

The amount of the franchise fee shall be allowed as an operating expense to the company attributable solely to the company's operations within the City of Saint Paul, and in calculating such amount, "gross earnings" shall be held to mean and include all sums receivable by the company from the sale of steam distributed and used within the city limits of the City of Saint Paul. In no event shall the company be required to pay a franchise fee in excess of the amount which it can legally collect from its customers in the city by means of a surcharge on its rate schedules for the purpose of collecting the franchise fee.