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until the reasonable cost of relocating the same and the loss and <br />expense resulting from such relocation are first paid to Company. <br />In no case, however, shall City be liable to the Company for <br />failure to specifically preserve a right-of-way, under Minnesota <br />Statutes, Section 160.29. <br />SECTION 8.CHANGE IN FORM OF GOVERNMENT <br />Ai.> change in the form of government of the City shall not <br />affect the validity of this Ordinance. Any governmental unit <br />succeeding the City shall, without the consent of the Company, <br />succeed to all of the rights and obligations of the City provided <br />in this Ordinance. <br />SECTION 9.FRANCHISE FEE <br />9.1 Separate Ordinance. During the term of the franchise <br />hereby granted, and in lieu of any permit or other fees being <br />imposed on the Company, the City may impose on the Company a <br />franchise fee of not more than five percent of the Company's <br />gross revenues as hereinafter defined. The franchise fee shall <br />be imposed by a st parate ordinance duly adopted by the City <br />Council, which ordinance shall not be adopted until at least 60 <br />days after written notice enclosing such proposed ordinance has <br />been served upon the Company by certified mail. * The fee shall <br />not become effective until at least 60 days after written notice <br />enclosing such adopted ordinance has been served upon the Company <br />by certified mail. <br />9.2 Terms Defined. The term "gross revenues" means all <br />sums, excluding any surcharge or similar add'<-lon to the <br />Company's charges to customers for the purpose of reimbursing the <br />Company for the cost resulting from the franchise fee, received <br />by the Company from the sale of electricity to its retail custom­ <br />ers within the corporate limits of the City. <br />9.3 Collection of the Fee. The franchise fee shall be <br />payable not less often than quarterly, and shall be based on the <br />gross revenues of the Company during complete billing months <br />during the period for which payment is to be made. The percent <br />fee may be changed by ordinance from time to time; however, each <br />change shall meet the same notice requirements and the percentage <br />may not be changed more often than annually. Such fee shall not <br />exceed any amount which the Company may legally charge to its <br />customers prior to payment to the City by imposing a surcharge <br />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 tc account for uncollectibles or <br />customer refunds. The time and manner of collecting t-he fran­ <br />chise fee is subject to the approval of the Public Utilities <br />Commission, which the Company agrees to use best efforts to <br />obtain. The Company agrees to make its gross revenues records <br />available for inspection by ♦‘he City at reasonable times.