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11-29-2023 Council Packet
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11-29-2023 Council Packet
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8 <br />SECTION 10. PROVISIONS OF ORDINANCE. <br /> <br /> 10.1 Severability. 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 be <br />held invalid, it shall not affect any other section, provision, or part. Where a provision of any <br />other City ordinance conflicts with the provisions of this Ordinance, the provisions of this <br />Ordinance shall prevail. <br /> <br /> 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement <br />between the City and Company as the only parties, and no provision of this franchise shall in any <br />way inure to the benefit of 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 /> <br />SECTION 11. AMENDMENT PROCEDURE. <br /> <br /> Either party to this franchise agreement may at any time propose that the agreement be <br />amended to address a subject of concern and the other party will consider whether it agrees that the <br />amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be <br />amended at any time by the City passing a subsequent ordinance declaring the provisions of the <br />amendment, which amendatory ordinance shall become effective upon the filing of Company’s <br />written consent thereto with the City Clerk within 90 days after the date of final passage by the <br />City of the amendatory ordinance. <br /> <br />SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. <br /> <br /> This franchise supersedes any previous electric franchise granted to Company or its <br />predecessor. <br /> <br /> <br /> Passed and approved: _________________________, 2023. <br /> <br /> <br /> ______________________________________ <br /> Thomas Fischer, Mayor <br /> <br />Attest: <br /> <br />__________________________________ <br />Christopher Heineman, City Administrator <br /> <br /> AYES: <br /> NAYS: <br /> <br /> <br />Date Published:____________________
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