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Upon adoption of this ordinance, the franchise fee imposed hereby shall not become <br />effective until after written notice, which includes a certified cOpy of this ordinance, has <br />been served upon each company by certified mail. <br /> <br />SECTION 5. BIANNUAL REVIEW. <br /> <br />The City Council shall review this ordinance biannually, at its first meeting in June and <br />its first meeting in December of each year. The purpose of the review shall be for the <br />City Council to determine the City's necessity to receive the revenues generated by the <br />franchise fee. Upon a finding that the revenues are necessary, the City Council shall <br />adopt a resolution to that effect. Upon a finding by the City Council that the City no <br />longer needs the revenues generated by the franchise fees for the foreseeable future, the <br />City Council shall proceed to repeal this ordinance, notwithstanding its expiration date <br />defined in Section 7 hereof. <br /> <br />SECTION 6. SE,PARABILITY~ COMPLIANCE WITH LAW. <br /> <br />Every section, provision, or part of this ordinance is declared separate from every other section, <br />provision, or part: and if any section, provision, or part shall be held invalid, it shall not affect <br />any other section, provision, or part. If any franchise fee or franchise fee per electric meter rate <br />for a particular class of customers, or as applied to an individual customer, is ruled, adjudged, or <br />declared invalid or unlawful, or its collection from customers or distribution to the City enjoined <br />or not approved by a final order of a court of competent jurisdiction; (a) the franchise fee per <br />electric meter rate for that class and all classes of customers shall be increased as soon as the <br />applicable surcharge can be adjusted so that all such rates are uniform and equal at the highest <br />per electric meter rate of all such rates, not to exceed the highest per electric meter rate in effect <br />at that time for any class, and (b) this franchise fee ordinance shall be amended as soon as <br />possible to the extent necessary to comply with such order of the court or Public Utilities <br />Commission, and at the same time, to return as closely as possible to the intent and purposes of <br />this franchise fee ordinance in regard to the respective rights and obligations of the City and each <br />company. <br /> <br />SECTION 7. EFFECTIVE DATE AND EXPIRATION DATE. <br /> <br />This Ordinance becomes effective upon its passage and thirty (30) days after its publication, <br />according to law. This ordinance shall expire on December 31, 2006. <br /> <br />of <br /> <br />PASSED by the City Council of the City of Ramsey, Minnesota, this the <br />,2003. <br /> <br />day <br /> <br />ATTEST: <br /> <br />Mayor <br /> <br />ORDINANCE #03- <br /> 3 <br /> <br /> <br />