Agenda Packets - 1999/06/28 - Laserfiche WebLink

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3.5. Relocation of facilities in Public Ways. The Company shall promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its Facilities in the Public Ways when it is necessary to prevent interference, and not merely for the convenience of the City, in connection with: (1) a present or future local government use of the Public Way for a public project, including a City Utility System, (2) the public health or safety; or (3) the safety and convenience of travel over the Public Ways. If such 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 notify the City within thirty (30) days of receipt of such order. 3.6. Relocation of Facilities in Public Ground. The City may require the Company to relocate Facilities within or remove Facilities from Public Ground upon a finding by the City that the Facilities have become or will become a substantial impairment of the public use or enjoyment of current 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 under an existing easement or prescriptive right in the Public Ground The City will not require the removal of abandoned Gas Facilities in Public Ground, unless those Facilities have become or will become a substantial impairment of the public use or enjoyment of the Public Ground. 3.7. Street Improvements, paving or Resurfacing. The City shall give the Company reasonable written Notice ofplans for street improvements where paving orrestufacing 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 world and, if more than one street is involved, the order in which this work is to proceed. The Notice shall be given to the Company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit the Company to make any additions, alterations or repairs to its Facilities the Company deems necessary. SECTION 4. FRANCHNE FEE. 4.1. Form. During the term of the franchise hereby granted, and in addition to permit 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 customer based on metered service to retail customers within the City or on some other similar basis, or (iii) a fee based on units of energy delivered to any class of retail customers 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 customer class or combine the methods described in (i) — (iii) above in assessing the fee. The City shall seek to use a formula 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 formula is discriminatory or otherwise places the Company at a competitive disadvantage, the Company shall provide a formula that will produce a substantially similar fee amount to the City and reimburse the City's reasonable fees and costs in reviewing the formula The City will attempt to accommodate the Company but is under no franchise obligation to adopt the Company- proposed franchise fee formula 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 until JMS-162951 MU210-14