Agenda Packets - 1999/06/07 - Laserfiche WebLink

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06-03-99 09:21 From-KENNEDY i GRAVEN +6123379310 T-282 P.05/07 F-116 3.5. Relocation of Facilities in Public Ways. The Company shall promptly and at its own expense, with due regard for seasonal waiting conditions, permanently remove and relocate its Facilities in the Public Ways when it is nec sary to prevent interference,and not merely for the convenience of the City,in connection wit:(1)a present or fire=local government use of the Public Way fora 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;ge:anenr 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 not,the City within thirty(30)days of receipt of such order. 3.6. Relocation of Facilities in Public Gr>orad. The Ciry may require the Company to relocate Facilities within or remove Faciliries 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 Companys expense when the City properly exercises its police power. The Company does nor waive its rights undo(as existing easement or prescriptive right in the Public Ground. The City will nor require the removal of abandoned t -gas raw Facilities in Public Ground, ;mires those Facilites have be x*ne or will become a substantial impairment of the public use or enjoyment of the Public Ground. 3.7. Sneer Improvenrnty,Paving or Res rrfacing. The City shall give the Company reasonable rotten Notice of plans for(timet improvements where paving or resurfacing()fa permanent nature is involved. The Notice shall contain the nature and character of the improvements,the streets upon which the improvemenrs are to be made,the went of the improvements and the time when the City will start the work,and,if more than ane sneer is involved,the ostler in which this work is to proceed. The Notice shall be given to the Company a sufficient length oftime,considering seasonal working condirions,in advance oldie act commencrment of the work to permit the Company to make any addition,,alterations or repairs to us Facilities the Company deems may. Sf171'IC)N 4.FRANCHISF FFF 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 Cry 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 m serail cuscarrrers within the City or on some other similar bates,or(in)a tee based on units of enemy delivered to any rlacs of retail customxls within the corporate limits of the City. hie formula for a franchise fee based on units of energy delivered may incorporate both comnrdity and demand units. The method of imposing the franchise fee,the percentage of revenue rare,or the flat rare on the per unit rate may differ for each customer class or combine the methods described in(i)—(iii)above in assessing tie fee. The City shall sok to use a formula that provides a sable and predictable amount of fees,without placing the Company at a ourpe;irive disadvarrage. if the Company claims that the City-required fee formula is disairninarory or otherwise places the Company at a corrtpeti ve 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 udder no franchise obligation to adopt the Company-proposed franchise fee formula. 42 Separate Ordinance. 'Ire franchise fee shall be imposed by xparac ordinance duly adopred by tie City Council,which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordnance has been served upar the Company by coed mail.The fee shall not become effective until IMS-1629i1 Mu21u-14