1998_0824_packet - Laserfiche WebLink

Home

extent of such written consent. 9,7 Fee Reovener, The Citv, after the effective date of this franchise a reement. may ire to amend the franchise so that the Com anv rnav collect a franchise fee in a different des amount or format from the fee authorized in the preceding rovisions of this Section 9. if so, fit may give-Cora an Notice to amend this franchise agreement to authorize collection the , of a franchise fee bv se crate ordinance in an amount and u on such terms and conditions as company n at that time is will' to incorporate in its electric franchise agreements with other of the second third or fourth class in the seven-county me tro of lion area. U n rece 1 cities of such Notice. Comipanv shall neizotiate in zood faith with CitV to so amend this franchise a reeme nt. If agreement is not reached within 90 da s after said Notice, the it ma to nninate th agreement upon 3 0 da s rior written Notice enclosing a provosed amendment based u on the lan ua a CornpaM has agreed to in an electric franchise a regime nt with at least two other of such cities unless Company ives Notice to the City within said 30-day e rind that it will immediateiv aizree to accept an amendment to this franchise ajzreement on the same terms dit' as is set forth in the it 's Notice. The termination will not be effective until. and con after corn lesion of an dis ute resolution roceedin under section commenced b companv within said 3 o-da eriod which proceedine confirms the City s action to be H) com liance with this Section 9. SECTION 10, PROVISIONS of ORDINANCE, 10.1 everabilit . Every section, provision} or part of this ordinance is declared ' provision, or art sh�l]. separate from every other section, provision or part; and if any section, � part. P be held invalid I shall not affect an other section} prov ision, or part. where a provision of any other City ordinance conflicts with the provisions of this ordinance, the provisions of this Ordinance shall prevail. Limitation on licabilit . This ordinance constitutes a franchise agreement Io.� --p . City and Company as the only parties and no provision of this franchise shall in any between the P benefit an third person (including the public at large) so as to constitute any wad inure to the F party such person as a third art beneficiary of the agreement or of any one or more of the terms hereof, or o give ive rise to any cause of action in any person not a party hereto. SECTION 11. AM DND IE T PROCEDURE. to this franchise agreement may at any time propose that the agreement be Either party g y appropriate.amended to address a ,� ' sub ect of concern and the other party will consider whether it agrees that the amendment is rnutuall a ro rrate. If an amendment is agreed upon, this ordinance may be amended at any y time b the Cis passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shalt become effective upon the filing of Company's written c Manager thereto with the City anager within 90 days after the effective date of the amendatory ordinance. 9