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SECTION 6, VACATION of PUBLIC WAYS. shall give The City Company at least two weeps prior written notice of a proposed �r vacation of a Public way. Except required E where u ired for a City improvement project, the vacation � � of any Public Way,, after the installation of Gas Facilities, shall not operate to deprive Company of its right to operate and maintain such Gas Facilities, until the reasonable cost of relocating d expense resulting from such relocation are first paid to Company. Ire the sane and a loss an g i be liable to Company for failure to specifically preserve a right-of- way however, City under Ii nesota Statutes: Section 160.29. SECTION 7, CHANGE IN FORM of GOVERNMENTS Any change ui e' 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 ordinance. SECTION 8, FgANCHISE FEE. The City at the t adopting time of ado tin this franchise agreement does not desire to require that Company collect a f ranchise fee from its customers in the City. At a future date during the term of this franchise agree ment the 1 determine that it desires Company to collect a ma y franchise fee. so If the i give Company Notice to amend this franchise agreement to ma y g authon ze collection o Y f a franchise fee b separate ordinance in an amount and upon such terrns and conditions as Company Cony an at that time is willing to incorporate in its gas franchise agreements ' cities the second third or fourth class in the seven-county metropolitan area. w� other c�t�es of ' ice Company shall negotiate in good faith with City to so amend this Upon receipt of such I�Tot p y g franchise agreement. SECTION 9, PROVISIONS of ORDIN CE, ` section provision, or part of this ordinance is declared 9.1 verablli Every � P ' n provision or art; � if any section, provision or hart shall separate from every other section, p p . . of be invalid, not affect an other section provision} or part. Where a provision held invalld� �t y any other City ordinance conflicts with the provisions of this ordinance, the provisions ions of this ordmw n shall prevail. . - on A licabili . This ordinance constitutes a franchise agreement 92 � tat�on as the only parties and no provision of this franchise shall in any between the pity Company y p . refit an third person (including the public at large) so as to constitute any may tnure to the be y of the terms n as a t rd beneficiary of the agreement or of any one or more such person p� hereo f, or otherwise g an give rise to cause of action in any person not a party hereto. �' 6