8.4. SR 04-15-2013 - Laserfiche WebLink

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Company's acts or failure to act in compliance with any law, rule, regulation or lawful order governing Hazardous Substances. SECTION 6. VACATION OF PUBLIC WAYS. The City will consult with the Company at least four (4) weeks prior to its action on any proposed vacation of a Public Way. Except where ordered pursuant to Section 4. 1, the vacation of any Public Way after the installation of Electric Facilities shall not operate to deprive the Company of its rights to operate and maintain such Electric Facilities until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to the Company. However, in no case shall the City be liable to the Company for failure to specifically preserve a Public Way in the exercise of its authority under Minnesota Statutes, Section 160.29. SECTION 7. ABANDONED FACILITIES. The Company shall comply with City ordinances and Minnesota Statutes, Section 216D.01 et seq., as they may be amended from time to time. The Company shall maintain records describing the location of all abandoned and retired Facilities within the City, produce such records at the City's request and comply with the location requirements of Section 21613.04 with respect to all Electric Facilities, including abandoned and retired Electric Facilities. SECTION 8. FRANCHISE FEE. 8.1. Authority. The City reserves all rights under Minnesota Statutes, Sections 216B.36 and 301B.01 or other law to require a franchise fee at any time during the term of, and in consideration for, this Franchise. The franchise fee may be expressed (i) as a specified charge per measurable unit of electricity being provided, transported, transmitted, sold, furnished, delivered, or received within the City, or (ii) as a percentage of the gross revenues received by the Company for its operations within the City, or (iii) a flat fee per customer based on service to retail customers within the City or (iv) on some reasonable combination of these factors. 8.2. Separate Ordinance. A franchise fee shall be imposed by a separate ordinance duly adopted by the Council after 60 days' notice to company of the proposed fee. 8.3. Equivalent Fee Requirement. A separate ordinance imposing the franchise fee shall not be effective against the Company, unless the separate ordinance imposes the same fee on the same class of properties by all electrical suppliers within the City. SECTION 9. DEFAULTS. If the Company shall be in default in the performance of any of the material terms and conditions of this Ordinance, and shall continue in default for more than thirty (30) days (or fails to initiate the cure of the default within said period and diligently pursue said cure, if the cure of the default cannot reasonably be accomplished within said thirty (30) days) after receiving Notice from the City of such default, the City may elect to cure such default and charge the Company for the costs thereof.