06-11-1990 Council Packet - Laserfiche WebLink

Home Browse Search

SECTION 7.VACATION QP PUBLIC WAYS Th« City Shall give the Company at least two weeks' prior written notice of a proposed vacation of a Public Way. Except where required for a City street or other improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electrical Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to the Company for failure to specifically preserve a rig}it-of-way, under Minnesota Statutes, Section 160.29. SECTION 8.CHANOE TN FORM OF OQVERMMENT 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 the Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9.FPAWr.HTSE FEE 9.1 ggparatft Ordinance. During the terra of the franchise hereb/ granted, and in lieu of any permit or other fees being imposed on the ‘company, the City may impose on the Company a franchise fee of not more than five percent of the Company* s gross revenues as hereinafter defined.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 the Company by certified mail. The fee shall not become effective until at least 60 days after written notice enclosing such adopted ordinance has been served upon the Company by certified mail. 9.2 Terms Defined. The term -gross revenues- means all suras, excluding any surcharge or similar addition to the Company’s charges to customers for the purpose of reimbursing the Company for the cost resulting from the franchise fee, received by the Company from the sale of electricity to its retail customers within the corporate limits of the City. 9.3 Collection nf hhe Fee. The franchise fee shall be payable not less often than quarterly, and shall be based on the gross revenues of the Company during complete billing months during the period for which payment is to be made. The percent fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and the percentage may not be changed more often than annually. Such fee shall not exceed any amount which the Company may legally charge to its cufitomers prior to payment to the City by imposing a surcharge -6-