10.02 Gas Franchise Ordinance - Laserfiche WebLink

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determines that said insurance is inadequate,the Company shall add to the insurance coverage to the extent reasonably required by the City. SECTION 12. PERMITS;INITIAL CONSTRUCTION SCHEDULE. Subdivision 1. Initial installation and future extensions of NSP gas mains and related facilities shall be subject to all generally applicable necessary governmental permits, licenses,certificates and authorizations,including associated City permit or license fees (except as provided in Section 13, Subdivision 1). Subdivision 2. Notice of Initial Construction Schedule. NSP shall provide the City Clerk with an estimated,street specific,schedule of initial construction of NSP's gas mains and related facilities within the City at least two(2)weeks prior to the commencement of such construction. In the event the schedule is changed during construction,NSP shall promptly provide the City Clerk with a revised construction schedule. SECTION 13. FRANCHISE FEES. Subdivision 1. Separate ordinance. During the term of the franchise hereby granted, and in lieu of any permit,license or other fees being imposed on NSP,the City may impose on NSP a franchise fee of not more than four percent(4%)of NSP's gross revenues as hereinafter defined. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council,which ordinance shall not be adopted until at least sixty(60)days after written notice enclosing such proposed ordinance has been served upon NSP by certified mail. The fee shall not become effective until at least sixty (60)days after written notice enclosing such adopted ordinance has been served upon NSP by certified mail. Section 15,subdivision 3 of this ordinance shall constitute the sole remedy for solving disputes between NSP and the City in regard to the interpretation of,or enforcement of,the separate ordinance,provided that either party will waive arbitration and consent to resolution by the District Court if necessary to bind third parties involved in the dispute. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. No preexisting ordinance imposing a franchise fee shall be effective against NSP unless it is specifically amended after the effective date of this Ordinance following the procedures of this Section 13,subdivision 1 for the adoption of a new separate ordinance. Subdivision 2. Terms Defined. The term"gross revenues"means all sums received by NSP, including service charges,from the sale of gas to its retail customers within the corporate limits of the City,excluding any New Area Surcharge Rider(or successor), sales tax,miscellaneous tariff charges or any similar addition to the NSP's charges to customers for the purpose of reimbursing NSP for cost resulting from the franchise fee and further excluding the amount determined by NSP to be the cost of any sales tax as . 1 ;7