Laserfiche WebLink
SECTION 7. VACATION OF PUBLIC WAYS. <br />The City shall give Company at least two weeks prior written notice of a proposed <br />vacation of a Public Way. Except where required for a City improvement project, the vacation <br />of any Public Way, after the installation of Gas Facilities, shall not operate to deprive Company <br />of its rights to operate and maintain such Gas Facilities, until the reasonable cost of relocating <br />the same and the loss and expense resulting from such relocation are first paid to Company. In <br />no case, however, shall City be liable to Company for failure to specifically preserve a <br />right -of -way under Minnesota Statutes, Section 160.29. <br />SECTION 8. CHANGE IN FORM OF GOVERNMENT. <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 <br />Company, succeed to all of the rights and obligations of the City provided in this Ordinance. <br />SECTION 9. FRANCHISE FEE. <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 the Company, the City may impose on the Company a <br />franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate <br />ordinance from each customer in the designated Company Customer Class. The parties have <br />agreed that the franchise fee collected by the Company and paid to the City in accordance with <br />this Section 9 shall not exceed the following amounts: <br />Class Amount Per Month <br />Residential $1.00 <br />Commercial Firm Non - Demand $5.00 <br />Commercial Firm Demand $5.00 <br />Small Interruptible $5.00 <br />Large Interruptible $5.00 <br />Firm Transportation $5.00 <br />Interruptible Transportation $5.00 <br />9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance <br />duly <br />adopted by the City Council, which ordinance shall not be adopted until at least 60 days after <br />written notice enclosing such proposed ordinance has been served upon Company by certified <br />mail. The fee shall not become effective until at least 60 days after written notice enclosing such <br />adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute <br />the sole remedy for solving disputes between Company and the City in regard to the <br />interpretation of, or enforcement of, the separate ordinance. No action by the City to <br />6 <br />- 2 2 - <br />