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and comply with the location requirements of Minnesota Statutes, Section 216D.04 with respect <br /> to all Gas Facilities located in Public Ways and Public Grounds. <br /> SECTION 10. PROVISIONS OF ORDINANCE. <br /> 10.1. Severability. Every section, provision, or part of this Ordinance is declared <br /> separate from every other section, provision, or part; and if any section,provision, or part shall be <br /> held invalid,it shall not affect any other section,provision,or part. Where a provision of any other <br /> City ordinance is inconsistent with the provisions of this Ordinance, the provisions of this <br /> Ordinance shall prevail. <br /> 10.2. Limitation on Applicability. This Ordinance constitutes a franchise agreement <br /> between the City and Company as the only parties. No provisions herein shall in any way inure to <br /> the benefit of any third person (including the public at large) so as to constitute any such person <br /> as a third-party beneficiary of this Ordinance or of any one or more of the terms hereof, or <br /> otherwise give rise to any cause of action in any person not a party hereto. <br /> 10.3. Successors in Interest. This ordinance and the rights and obligations conferred <br /> hereby, is binding on and inures to the benefit of the City and its successors and on the Company <br /> and its successors. <br /> SECTION 11. AMENDMENT-PROCEDURE. <br /> Either party may propose at any time that this Franchise Ordinance be amended. Franchise Ordinance <br /> may be amended at any time by the City passing a subsequent ordinance declaring the provisions of <br /> the amendment, which amendatory ordinance shall become effective upon the filing of Company's <br /> written consent thereto with the City Clerk within sixty (60) days after the effective date of the <br /> amendatory ordinance. This amendatory procedure is subject, however, to the City's police power <br /> and franchise rights under Minnesota Statues, Sections 216B.36 and 301B.01, which rights are not <br /> waived hereby. <br /> SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. <br /> This Franchise supersedes and replaces previous franchises granted to the Company or its <br /> predecessors, including but not limited to Ordinance Number 61, 3rd series. <br /> ADOPTED this 13thday of January , 2020, by the City Council of the City of <br /> Orono. <br /> CITY 11 O► ! e <br /> BY: `- " <br /> Dennis Walsh, Mayor <br /> ATTEST: <br /> d/PY1A—a--it„, <br /> Anna Carlson, City Clerk <br /> Model Franchise Ordinance-CenterPoint Energy <br /> Page 1 <br /> I:\Legal\Franchise\Franchise Manual <br />