4.1. SR 09-23-2002 - Laserfiche WebLink

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SEP-12-2002 16:18 LEAGUE OF MN CITIES P.Og×19 alleging the City's negligence as to the issuance ofpcnnits for, or inspection of, Company's plans or work. 5.2. Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such lit/gation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This sect/on is not, as to third parties, a waiver of any defense or immunity otherwise available to the City. The Company, in defending any action on behalf of the City, shall bc entitled to assert in any action every defense or immun/ty that the City could assert in its own behalf This franchise agreement shall not be interpreted to constitute a wa/ver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. SECTION 6. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice ora proposed vacation of a Public Way. The City and thc Company shall comply with Minnesota Rules, 7819.3200 and applicable ordinances consistent with law. SECTION 7. 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 8. FRANClgISE FEE. 8.1. 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 pcrcemage of gross revenues received by the Company for its operations within thc City, or (ii) a flat fee per customer based on metered serv/ce 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 method of imposing the franchise fee, the percentage of revenue ram, or the flat rate based on metered service may differ for each customer class or comb/ne 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 tge formula is discriminatory or other, vise places the Company at a competitive disadvantage, the Company shall prey/de a formula that will produce a substantially similar fee amount to thc City and reimburse the City's reasonable fees and costs in reviewing and implementing the formula. The City will attempt to accommodate the Company but is under no franchise obligation to adopt the Company-proposed franchise fee formula and each review will not delay the implementation of the City-imposed fee.