Ordinance 625 - Laserfiche WebLink

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. . . relocation is done without an agreement first being made as to who shall pay the relocation cost, the Company's relocation of the Facilities shall not be considered a waiver of any right to be reimbursed for the relocation cost. If the Company claims that it should be reimbursed for a relocation cost, it shall notOy the City within thirty (30) days of receipt of such order. 3.6. Relocation of Facilities in Public GrOlUld. The City may require the Company to relocate Facilities within or remove Facilities from Public GrotUld upon a finding by the City that the Facilities have become or will become a substantial impairment of the public use or ~oyment of ClUTent or planned use of the Public Ground. The relocation or removal will be at the Company's expense when the City properly exercises its police power. The Company does not waive its rights tUlder an existing easement or prescriptive right in the Public Ground. The City will not require the removal of abandoned Gas Facilities in Public GrOtUld, unless those Facilities have become or will become a substantial impainnent of the public use or ~oyment of the Public Ground. 3.7. Street Improvements. Paving or Resurfucing. The City shall give the Company reasonable written Notice of plans for street improvements where paving or resurfucing of a permanent nature is involved. The Notice shall contain the nature and character of the improvements, the streets upon which the improvements are to be made, the extent of the improvements and the time when the City will start the work, and, if more than one street is involved, the order in which this worle is to proceed. The Notice shall be given to the Company a sufficient length of time, considering seasonal wolking conditions, in advance of the actual commencement of the work: to pennit the Company to make any additions, alterations or repairs to its Facilities the Company deems necessaIy. SECTION 4. FRANCHISE FEE. 4.1. Fonn. During the term of the franchise hereby granted, and in addition to pennit fees being imposed or that the City has a right to impose, the City may charge the Company a franchise fee. The fee may be (i) a percentage of gross revenues received by the Company for its operations within the City, or (Ii) a flat fee per rustomer based on metered service to retail a.tstomers within the City or on some other similar basis, or (ill) a fee based on units of energy delivered to any class of retail a.tstomers within the corporate limits of the City. The formula for a franchise fee based on units of energy delivered may incorporate both commodity and demand units. The method of imposing the franchise fee, the percentage of revenue rate, or the flat rate on the per unit rate may differ for each rustomer class or combine the methods descnbed in (i) - (ill) above in assessing the fee. The City shall seek to use a fonnula that provides a stable and predictable amount of fees, without placing the Company at a competitive disadvantage. If the Company claims that the City-required fee fonnula is discriminatory or otherwise places the Company at a competitive disadvantage, the Company shall provide a fonnula that will produce a substantially similar fee amount to the City and reimburse the City's reasonable fees and costs in reviewing the fonnula The City will attempt to accommodate the Company but is tUlder no franchise obligation to adopt the Company-proposed franchise fee fonnula 4.2. Separate Ordinance. The franchise fee shall be imposed by 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 tUltil at least 60 days after written notice enclosing such adopted ordinance has been served upon the Company by certified mail. 4.3. Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee or tax of the same or substantially similar amount on the sale of gas JMS-162951 MU21O-14