Ordinance No. 20170 - Laserfiche WebLink

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facility. Any removal or relocation of facilities made forthe convenience of the public shall beat Company's expense. Whenever Company excavates or in any manner disturbs or interferes with any public way within City, Company shall restore the same as required by the Code. Section 7. Cit Free to Use Public U11a s. Nothing in this Ordinance shall be construed to prevent Cityfrom sewering, grading, paving, repairing, altering, or doing any work that it finds necessary or desirable in or on any public way. Should City find it in the public interest to permanently or temporarily remove or change the location of any of Company"s facilities, Company shall, upon request and reasonable notice from the Director of Public Works, do all necessary work at Company's sole cost and expense as promptly as the circumstances will reasonably permit. If Company fails so to do, City may cause such work to be done and Company shall pay all costs incurred by City in performing such work within thirty X30}days of the date City notifies Company of the cost thereof, Section S. Com an to Defend and Hold Cit Harmless. Company shall defend, indemnify and save harmless City, its employees, officers and agents, from any and all claims, damages, costs, liabilities, and expenses to which it or they may be subjected by reason of any act or neglect of Company, its agents or employees, or which may in any manner arise out of the construction, maintenance, operation or use of any property of Company in any public way. Section 9. Default and Termination. if Company fails to comply with or perform any of the requirements imposed on it bythis ordinance and City gives written notice specifying the nature of Company's default and demanding that such default be remedied within a reasonable time to be fixed in such notice, the rights and privileges granted bythis Ordinance may be terminated and annulled by City if Company fails to remedy its default within the time specif ed. Section ~4. Franchise Fee. As compensation to City for the franchise hereby granted, Company shall pay to City an amount equivalent to five percent ~b%} of Company's gross revenues. if the Code in effect at the time the revenue is earned does not allow payment of a franchise fee or business privilege tax or combined franchise fee and business privilege tax in an amount of five percent of gross revenues orsome greateramount, then the franchise fee shall be the maximum amount allowed by the Code; provided that, if the Code is amended thereafter to increase the allowable franchise fee, business privilege tax or combined franchise fee and business privilege tax, the increased rate, not to exceed five percent, shall be paid on all gross revenues earned after the effective date of the amendment. If Company agrees to pay any other city in Oregon a franchise fee that exceeds five percent of gross revenue, City may require Company to pay the same percentage of its gross ordinance - 3