5.4 ERMUSR 12-12-2021 - Laserfiche WebLink

Home Browse Search

shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes,Section 160.29,as may be supplemented or amended from time to time. In accordance with Minnesota Rules,Part 7819.3200, if the City's order directing vacation of the Public Way does not require relocation of the Company's Electric Facilities,the vacation proceeding shall not be deemed to deprive the Company of its right to continue to use the right-of-way of the former Public Way for its Electric Facilities installed prior to such order of vacation, unless it would not be in the public interest as contemplated by Minnesota Rules,Part 7819.3200. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer within the Company Service Area in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts. Class Fee Per Premise Per Month Residential $4.00 Sm C&I—Non-Dem $ 5.00 Sm C&I—Demand $40.00 Large C&I $95.00 Public Street Ltg $ 0 Muni Pumping—N/D $ 0 Muni Pumping—Dem $0 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council,which ordinance shall not be adopted until at least 90 days after written notice enclosing such ordinance has been served upon Company by certified mail. The fee shall not become effective until the beginning of a Company billing month at least 90 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of,the separate ordinance.No action by the City to implement a separate ordinance will commence until this Ordinance is effective. 9.3 Terms Defined. For the purpose of this Section 9,the following definitions apply: 9.3.1 "Customer Class" shall refer to the classes listed on the Fee Schedule and as defined or determined in Company's electric tariffs. 217967v2 6 132