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not order Company to remove, or relocate its facilities when a Public <br /> Way is vacated, improved or realigned because of a renewal or a <br /> redevelopment plan which is financially subsidized in whole or in part by <br /> the Federal Government or any agency thereof, unless the reasonable <br /> non-betterment costs of such relocation and the loss and expense <br /> resulting therefrom are first paid to Company, but the City need not pay <br /> those portions of such for which reimbursement to it is not available. <br /> 3.8 Vacation of Public Ground. The City shall give the <br /> Company at least two weeks' prior written notice of a proposed vacation <br /> ora Public Ground. Except where required for a City street or other <br /> improvement project, the vacation of Public Ground, after the installation <br /> of Electric Facilities, shall not operate to deprive the Company of its <br /> rights to operate and maintain such Electrical Facilities, until the <br /> reasonable cost of relocating the same and the loss and expense <br /> resulting 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 specifically <br /> preserve a right-of-way, under Minnesota Statutes, Section 160.29. <br /> SECTION 4. FRANCHISE FEES. <br /> 4.1 Separate Ordinance. During the term of this franchise, <br /> the City may impose on the Company a franchise fee of not more than <br /> percent of the Company's gross revenues as hereinafter defined. <br /> The franchise fee shall be imposed by a separate ordinance duly <br /> adopted by the City Council, which ordinance shall not be adopted nor <br /> fee be effective until 60 days after written notice enclosing such <br /> proposed ordinance has been served upon the Company by certified <br /> mail. Section 2.5 shall constitute the sole remedy for solving disputes <br /> between the 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 is <br /> effective. No preexisting ordinance imposing a fee shall be effective <br /> against the Company unless it is specifically awarded after the effective <br /> date of this ordinance following the procedures of this section 4 for the <br /> adoption of a new separate ordinance. <br /> 6 <br />