4.1. SR 09-23-2002 - Laserfiche WebLink

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SEP-12-2002 16:18 LEAGUE OF MN CITIES P.1Oxl9 8.2. Separate Ordinance. The franchise fcc shall be imposed by separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least thirty (30) days a~er written notice enclosing such proposed ordinance has been served upon the Company. The fee shall become effective ten (10) days after written notice enclosing such adopted ordinance has been served upon the Company by certified mail. 8.3. Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee of the same or substantially similar amount on the sale of gas energy within the City by any other gas energy supplier, provided that, as to such supplier, the City has the authority or contrac~uat right to require a franchise fee or similar fee through a previously agreed upon fi'anchise. 8.4. _Collection of Fee. The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time, however, the change shall meet the same notice requirements and the fee may not be changed more often than annually. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City. Such fee i:s subject to subsequent reductions to account for uucollectibles and customer refunds recurred by the Company. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company's determination of thc franchise fee payments. 8.5. Continuation of Franchiae Fee_-: If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise, the franchise fee, if any being imposed by the City at the time this franchise expires, will remain in effect until a new franchise is agreed upon. SECTION 9. ABANDONED FACILIT!K$. The Company shall comply with City ordinances, Minnesota Statutes, Section 216D.01 ~ and Minnesota Rules Part 7819.3300~ as they may be amended from time to time. The Company shall maintain records describing the exact 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 216D.04 with respect to all Facilities, including abandoned and retired Facilities. SECTION 10. PROVISIONS OF ORDINANCI~. 10.1. SeverabiliW. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid~ it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail.