Ordinance No. 20241 - Laserfiche WebLink

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discretion~ remove the facilities from the public way and require Grantee to pay' for the full cost of removal and restoration of the public way, or City may assume possession and ox~mership of the facilkies. If Grantee removes the fhcilities from the public way but fails to restore the public way to its prior condition, City may complete the repairs and bill Grantee for the full cost thereof. Whenever used in this Section, the term "Grantee" shall mean Grantee or any successor railroad. Section 6. .QOperation of Trains. In the maintenance and operation of its trains and facilities, Grantee shall comply with all applicable federal state and City laws, rules and regulations. Section 7. Term of Franchise. The privileges and franchise herein granted shall continue and be in force for a period of twenty (20) years from and after the date this Ordinance becomes effective; provided, however, that either City or Grantee may, upon at least thirty (30) days written notice to the other prior to the expiration of each ten (10) year period from the effective date of this franchise, open this agreement to negotiate provisions therein including the right-of-way use/occupancy ibc; and provided, however, that either City or Grantee may, at any time but upon at least thirty (30) days written notice to the other, open this agreement as necessary to negotiate provisions to address significant changes in applicable laws or uses of additional rights-of-way by Grantee. The negotiations and dispute resolution, if any, shall be governed by the principle that, to the extent possi'ble, the terms of this franchise shall be consistent with local, state and federal law in existence at the time of renegotiation. Section 8. Effective Date. This Ordinance shall take effect and be in force from and after its passage and approval and acceptance by Grantee. Grantee shall, Mthin thirty (30) days of the passage of this Ordinance, file with the City Recorder its written acceptance of all the terms and conditions of this Ordinance, Section 9. Franchise Fee. In consideration of the privileges and franchise granted, Grantee shall pay annually by' June 30 of each calendar year an amount equal to $5.00 per linear fbot Ordinance - 4