07-12-2023 Workshop Packet - Laserfiche WebLink

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SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of govennr~nt of the City shall not affect the validity of this Ordinance. Any governmental trait sncceeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. The City at the time of adopting this franchise agreement does not desire to require that Company collect a franchise fee from its customers in the City. At a future date during the term of this franchise agreement, the City may determine that k desires Company to collect a franchise fee. If so, the City may give Company Notice to amend this franchise agreement to authorize collection of a franchise fee by separate ordinance in an amount and upon such terms and conditions as Company has incorporated in its Gas franchise agreements with other cities of the second, third or fourth class in the seven-cotmty metropolitan area in the two years preceding the date of such Notice or the last five gas franchise agreements entered by the Company prior to such Notice, whichever is the greater number of franchise agreements. Upon receipt of such Notice Company shall negotiate in good fakh with Cityto so amend this franchise agreement. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severabili .ty. 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. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicabili.ty. 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 action in anyperson not a partyhereto. SECTION 11. AMENDMENT PROCEDURE. Ekher party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether k agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance 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 upon the f’ding of Company’s written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous Gas franchise granted to Companyor its predecessor.