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<br />. ' <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />not available. <br /> <br />3.8 Vacation of Public Ground. The City shall give <br />the Company at least two weeks' prior written notice of a <br />proposed vacation of a Public Ground. ~xcept where required for <br />a City street or other improvement project, the vacation of <br />Public Ground, after the installation of Electric Facilities, <br />shall not operate to deprive the Company of its rights to operate <br />and maintain such Electrical Facilities, until the reasonable <br />cost of relocating the same and the loss and expense resulting <br />from such relocation are first paid to the Company. In no case, <br />however, shall the city be liable to the Company for failure to <br />specifically preserve a right-of-way, under Minnesota statutes, <br />section 160.29. <br /> <br />SECTION 4. FRANCHISE FEES. <br /> <br />4.1 Se~arate Ordinance. During the term of this <br />franchise, the City may impose on the Company a franchise fee of <br />not more than 4 percent of the Company's gross revenues as <br />hereinafter defined. The franchise fee shall be imposed by a <br />separate ordinance duly adopted by the City Council, which <br />ordinance shall not be adopted nor fee be effective until 60 days <br />after written notice enclosing such proposed ordinance has been <br />served upon the Company by certified mail. Section 2.5 shall <br />constitute the sole remedy for solving disputes between the <br />Company and the City in regard to the interpretation of, or <br />enforcement of, the separate ordinance. No action by the City to <br />implement a separate ordinance will commence until this ordinance <br />is effective. No preexisting ordinance imposing a fee shall be <br />effective against the Company unless it is specifically awarded <br />after the effective date of this ordinance following the <br />procedures of this section 4 for the adoption of a new separate <br />ordinance. <br /> <br />4.2 Terms Defined. The term "gross revenues" means <br />all sums received by the Company from the sale of gas to its <br />retail customers within the corporate limits of the city. Gross <br />revenues excludes any surcharge or similar addition to the <br />company's charges to customers for the purpose of reimbursing the <br />Company for the cost resulting from the franchise fee. <br />\ <br />4.3 Collection of the Fee. The franchise fee shall be <br />payable monthly, and shall be based on the gross revenues of the <br />Company during the preceding month. The paYment is due on the <br />last business day of the month following the month for which <br />paYment is to be made. the percent fee may be changed by <br />ordinance from time to time; however, each change shall meet the <br />same notice requirements and the percentage may not be changed <br />more often that annually. Such fee shall not exceed any amount <br />which the Company may legally charge its customers prior to <br /> <br />5 <br />