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1998_0713_packet
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1998_0713_packet
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SECTION . VACATION of PUBLIC WAYS. <br /> The City shall give Company at least two weeps prior written notice of a proposed <br /> vacation of a Public way. Except where required for a City improvement project, the vacation <br /> of any Public way, after the installation of Gas Facilities, shall not operate to deprive Company <br /> of its right to operate and maintain such Gas Facilities, until the reasonable cost of relocating <br /> the sane and the toss and expense resulting from such relocation are first paid to Company. In <br /> no case, however, shall City be liable to Company for failure to specifically preserve a right-of- <br /> way wider Minnesota Statutes, Section 160.29. <br /> SECTION 7. CHANGE IN FORM of GOVERNMENT. <br /> Any change in the form of government of the City shall not affect the validity of this <br /> Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, <br /> succeed to all of the rights and obligations of the City provided in this ordinance. <br /> SECTION S* FRANCHISE FEE. <br /> The City at the tinxe of adopting this franchise agreement does not desire to require that <br /> Company collect a franchise fee from its customers in the City. At a future date during the term <br /> of this franchise agreement, the City may determine that it desires Company to collect a <br /> franchise fee. if so, the City may give Company Notice to amend this franchise agreement to <br /> authorize collection of a franchise fee by separate ordinance in an amount and upon such terms <br /> and conditions as Company at that time is willing to incorporate in its gas franchise agreements <br /> with other cities of the second, third or fourth class in the seven-county metropolitan area. <br /> Upon receipt of such Notice Company shall negotiate ' good faith with City to so amend this <br /> franchise agreement. <br /> SECTION . PROVISIONS of ORDINANCE, <br /> 9.1 Severabilily. 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 <br /> be held invalid, it shall not affect any ether section} provision, or part. where a provision of <br /> any other City,ordinance conflicts with the provisions of this ordinance, the provisions of this <br /> .ordinance shall prevail. <br /> 9.2- Limitation on AMlicabilky. This ordinance constitutes a franchise agreement <br /> between the-pity and Company as the only parties and no provision of this franchise shall in any <br /> wa y inure to the benefit any third person (including the public at large so as to constitute any <br /> such person as_a'third-party beneficiary of the agreement or of any one or more of the terms <br /> hereof, or otherwise- give rise to any cause of action in any person not a party hereto,, <br /> 6 <br />
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