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6 <br />SECTION 7. VACATION OF PUBLIC WAYS. <br /> <br /> The City shall give Company at least two weeks prior written notice of a proposed vacation <br />of a Public Way. Except where required for a City improvement project, the vacation of any Public <br />Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to <br />operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and <br />the loss and expense resulting from such relocation are first paid to Company. In no case, however, <br />shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota <br />Statutes, Section 160.29. <br /> <br />SECTION 8. CHANGE IN FORM OF GOVERNMENT. <br /> <br /> Any change in the form of government of the City shall not affect the validity of this <br />Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, <br />succeed to all of the rights and obligations of the City provided in this Ordinance. <br /> <br />SECTION 9. FRANCHISE FEE. <br /> <br /> 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any <br />permit or other fees being imposed on Company, the City may impose on Company a franchise <br />fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from <br />each customer in the designated Company Customer Class. The parties have agreed that the <br />franchise fee collected by the Company and paid to the City in accordance with this Section 9 <br />shall not exceed the following amounts. <br /> <br /> Class Fee Per Premise Per Month <br /> <br /> Residential $ 3.75 <br /> Sm C & I – Non-Dem $ 6.75 <br /> Sm C & I – Demand $ 40.00 <br /> Large C & I $ 525.00 <br /> Public Street Ltg $ 3.75 <br /> Muni Pumping –N/D $ 3.75 <br /> Muni Pumping – Dem $ 3.75 <br /> <br />9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance <br />duly adopted by the City Council, which ordinance shall not be adopted until at least 90 days <br />after written notice enclosing such proposed ordinance has been served upon Company by <br />certified mail. The fee shall not become effective until the beginning of a Company billing <br />month at least 90 days after written notice enclosing such adopted ordinance has been served <br />upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving <br />disputes between Company and the City in regard to the interpretation of, or enforcement of, the <br />separate ordinance. No action by the City to implement a separate ordinance will commence <br />until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on <br />the residential class of customers than the maximum amount set forth in Section 9.1 above shall <br />not be effective against Company unless the fee imposed on each other customer classification is