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SECTION 4. RELOCATIONS. <br /> <br />4.1 <br /> <br />Relocation of Gas Facilities. Relocation of Gas Facilities in Public Ways shall <br />be subject to City Code (ROW) 4.10. City may require Company at Company's <br />expense to relocate or remove its Gas Facilities from Public Grounds upon a <br />finding by City that the Gas Facilities have become or will become a substantial <br />impairment to the existing or proposed public use of the Grounds. Relocation Gas <br />Facilities in Public Ground shall comply with applicable City ordinances <br />consistent with law. <br /> <br />4.2 <br /> <br />Projects with Federal Funding. Relocation, removal, or rearrangement of any <br />Gas Facilities made necessary because of the extension into or through City of a <br />federally-aided highway project shall be governed by the provisions of Minnesota <br />Statutes Section 161.46, as supplemented or amended. It is understood that the <br />fight herein granted to Company is a valuable fight. City shall not order <br />Company to remove or relocate its Gas Facilities when a Public Way is vacated, <br />improved or realigned because of a renewal or a redevelopment plan which if <br />financially subsidized in whole or in part by the Federal Government or any <br />agency thereof, unless the reasonable Non-Betterment Costs of such relocation <br />and the loss and expense resulting therefrom are paid to Company when available <br />to the City. The City need not pay those portions of such for which <br />reimbursement to it is not available. <br /> <br />4.3 <br /> <br />No Waiver. The provisions of Section 4 apply only to Gas Facilities constructed <br />in reliance on a permit or franchise from City and Company does not waive its <br />rights under an easement or prescriptive right or State or County permit. <br /> <br />SECTION 5. CHANGE IN FORM OF GOVERNMENT. <br /> <br /> Any change in the form of government of the City shall not affect the validity of this <br />Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, <br />succeed to all of the fights and obligations of the City provided in this Ordinance. <br /> <br />SECTION 6. FRANCHISE FEE. <br /> <br />6.1. <br /> <br />Form. During the term of the franchise hereby granted, and in addition to permit <br />fees being imposed or that the City has a fight to impose, the City may charge the <br />company a franchise fee. The fee may be (i) a percentage of gross revenues <br />received by the Company for its operations within the City, or (ii) a flat fee per <br />customer based on metered service to retain customers within the City or on some <br />other similar basis, o r (iii) a fee based o n metered service m ay differ for e ach <br />customer class or combine the methods described in (i) - (iii) above in assessing <br />the fee. The City shall seek to use a formula that provides a stable and predictable <br />amount of fees, without placing the company at a competitive disadvantage. If <br />the Company claims that the City required fee formula is discriminatory or <br />otherwise places the Company at a competitive disadvantage, the Company shall <br /> <br /> <br />