7D, Service Renewal with Xcel - Laserfiche WebLink

Home Browse Search

interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. SECTION 6. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. The City and the Company shall comply with l�✓Iirinesota Rules, 7819.3200 and applicable ordinances consistent with law. SECTION 7. CH.ANGE IN FORM OF GOVE . Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ord.inance. SECTION 8. FRANCHISE FEE. 8.1. 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 mod.ify 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 9. PROVISIONS OF ORDINANCE. 9.1. 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; provided however, if any provision is held invalid, the parties agree to negotiate in good faith to substitute, to the extent reasonably possible, amended provisions that validly carry out the primary purpose of the invalid provisions. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 9.2. Limitation on Auulicabilitv. 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 acrion in any person not a party hereto. SECTION 10. A►MENDM�11�1T PROCEDL;TRE. Either party to this franchise agreement may at any time propose that the agreement be amended. This Ord.inance 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 �