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facility. Any removal or relocation of facilities made for the convenience of the public shall <br />be at Company's expense. Whenever Company excavates or in any manner disturbs or <br />interferes with any public way within City, Company shall restore the same as required by <br />the Code. <br />Section 7. City Free to Use Public Ways. <br />Nothing in this Ordinance shall be construed to prevent City from sewering, grading, <br />paving, repairing, altering, or doing any work that it finds necessary or desirable in or on <br />any public way. Should City find it in the public interest to permanently or temporarily <br />remove or change the location of any of Company's facilities, Company shall, upon request <br />and reasonable notice from the Director of Public Works, do all necessary work at <br />Company's sole cost and expense as promptly as the circumstances will reasonably <br />permit. If Company fails so to do, City may cause such work to be done and Company <br />shall pay all costs incurred by City in performing such work within thirty (30) days of the <br />date City notifies Company of the cost thereof. <br />Section 8. Company to Defend and Hold City Harmless. <br />Company shall defend, indemnify and save harmless City, its employees, officers <br />and agents, from any and all claims, damages, costs, liabilities, and expenses to which it <br />or they may be subjected by reason of any act or neglect of Company, its agents or <br />employees, or which may in any manner arise out of the construction, maintenance, <br />operation or use of any property of Company in any public way. <br />Section 9. Default and Termination. <br />If Company fails to comply with or perform any of the requirements imposed on it <br />by this Ordinance and City gives written notice specifying the nature of Company's default <br />and demanding that such default be remedied within a reasonable time to be fixed in such <br />notice, the rights and privileges granted by this Ordinance may be terminated and annulled <br />by City if Company fails to remedy its default within the time specified. <br />Section 10. Franchise Fee. <br />As compensation to City for the franchise hereby granted, Company shall pay to <br />City an amount equivalent to five percent (5%) of Company's gross revenues. If the Code <br />in effect at the time the revenue is earned does not allow payment of a franchise fee or <br />business privilege tax or combined franchise fee and business privilege tax in an amount <br />of five percent of gross revenues or some greater amount, then the franchise fee shall be <br />the maximum amount allowed by the Code; provided that, if the Code is amended <br />thereafter to increase the allowable franchise fee, business privilege tax or combined <br />franchise fee and business privilege tax, the increased rate, not to exceed five percent, <br />shall be paid on all gross revenues earned after the effective date of the amendment. If <br />Company agrees to pay any other city in Oregon a franchise fee that exceeds five percent <br />of gross revenue, City may require Company to pay the same percentage of its gross <br />Ordinance - 3 July 15, 2019, Public Hearing – Item 1