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Franchise Fee. ( <br />� ma at any titre <br />It is agreed by the City and Coi-�an1, +,hat she City y <br />�: , a.- full co 'nsatJ on for the <br />rm hereof impose on the C:.�an of <br />during the te- percent (`_%) <br />.Lranchise fen of not more than four rcen� <br />hereby g�-�.nted, such fee to <br />rights hereby <br />as hereinafter defined, <br />the Corcpany' s gross operating revenues, <br />year and to be based upon the grooms <br />be payable not later than A.cril 1, of each receding calendar year or the part <br />operating revenues of the Company <br />for the p <br />thereof after such fee' becomes effective . <br />Such fee shall be unposed by <br />til <br />ordinance duly adopted by the Council and shall not become effectheeC�e-��panYat <br />least sixty (60) days after written notice has been served upon <br />by ordiance <br />by registered mail. `fie percent fee may be changed by rire- <br />t1-m, hagever, each change shall reset the aboveonet (1) yea , arid <br />from tima to r in -posed mist remain firm for at leas <br />melts and the percent irr'pO 4 o Such ordinance shall not <br />the total fee shall not exceed four pert in such manner as it dew <br />prevent the Ca ,any from adjustsng its charges the Co�rpany for the paYm�:�ts to be <br />appropriate for the p <br />urpose of reimbursing <br />and the Ca-rpanY may indicate on its bills the 'custorr�rs' <br />rode to the City, fee shall 'not exceed any amount which the Company <br />portion of said fees. Sacra <br />A payment to the Ci.t�' �� in -posing a s�zrc'narge <br />may legally recover prior to th� <br />o such fee in its rates for electrical service to customer"s within <br />equivalent t operating revenues means all sums , excludinc, <br />the City. The term "gross open g within <br />a received by the Company from the sale of elect_ ici t� <br />said surcharge, The foregoing tine and manner of collect: <br />the corporate limits of the City. <br />is sub ' ect to the approval of the NLinnesot-a pin w servi ee ^{ <br />i.ng s aid surcharge 7 <br />Comni.ssion which the ConpanY agrees to use its best effor w -o 0 <br />SECTION 13. Change in Form of Goverrunent. <br />F,ny change of thg <br />�men <br />t of the City of Roseville <br />e form of oven <br />Of this <br />State of Minnesota shall not affect the validit`Jlthout <br />authorized by the ration succeeding the City shall, <br />francYrise. Fvzy municipal corpo gh <br />the consent of <br />the Company ► succeed to all the rits and d�ligations of the <br />in i;his franchise. <br />City provided <br />SECTION 14. Vacation of Public Ways. <br />' ere r 'red solely for a City ii;provement pro] cts the <br />Except where <br />vacation of any street, alley, public way or public ground, after <br />operate to deprive the <br />stallation of electrical. facilities ; shallmaintain s eh electrical facilities, <br />�Y of its rights to operate ana <br />the same and the loss and expense <br />until the reasonable cost of relocating <br />ew afrgt paid to the Company. <br />resulting fry? such relocation <br />SFCTIW 15. Written F.cceptance. <br />n , shall, if _Lt accepts this ordinance and the rights <br />The Comphts <br />aq <br />anted, file a written acceptance o to g <br />and obligations herebyegrity Clerk within ninety (90) days after the passage <br />hereby granted with <br />of this ordinance. <br />SECTI�I 16. gzaunbrances. <br />n the property of the Company shall extend to <br />No e-ricumbrance upo <br />er than a lien enctmibering <br />right the franchise granted by this ordinance oth <br />all property of the Company- <br />-6- <br />