Ord #062-3rd Ser/Xcel Energy - Laserfiche WebLink

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9.1 At the time of adopting this franchise, the City does not desire to impose a franchise fee on the Company. If the City seeks a franchise fee from the Company, the City shall notify Company in writing of such intent to modify this franchise agreement and impose a franchise fee which shall be by separate ordinance. Promptly thereafter, City and Company shall negotiate in good faith mutually acceptable terms, conditions and amount of such fee. If City and Company are unable to agree on any term or condition of the fee, all disputes shall be resolved pursuant to Section 2.5 of this ordinance. The parties do not waive hereby;any rights they have under law. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severabilitv. Every section, provision, or part of this Ordinance is declared separate from every other section,provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicabilitv. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon,this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes Ordinance 85, Second Series, and any previous electric franchise granted to Company or its predecessor. ADOPTED this 8th day of June, 2009 by the City Council of the City of Orono, Minnesota. a�y�r G�� es M. White,Mayor tt t: _ �� //� � Linda S. Vee, City Clerk -6-