2012-009 Council Ordinances - Laserfiche WebLink

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SECTION 9. ADDITIONAL PROVISIONS OF ORDINANCE 9.1. Severability. 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. 9.2. Limitation on Applicability. This Ordinance shall not 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 this Franchise or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. 9.3. No Waiver. The Company shall not be excused from performing the terms of this Ordinance due to the City's failure to enforce its rights hereunder. 9.4. Data. All "data" provided to the City in connection with this Franchise shall be governed by the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. SECTION 10. AMENDMENT PROCEDURE This Ordinance may be amended at any time by the mutual consent of the City and Company by City adoption of an amendatory ordinance, which shall become effective upon Company consent filed with the City within 60 days after the effective date of the amendatory ordinance. SECTION 11. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous franchise granted to Company or its predecessor. Adopted by the City of Lino Lakes City Council this 26th day of November 2012. The motion for the adoption of the forgoing ordinance was introduced by Councilmember O' Donnell and duly seconded by Councilmember Roeser and upon vote being taken thereof, the following voted in favor thereof: O'Donnell, Roeser, Rafferty, Stoesz The following voted against same: none Attest: Jeff Reinert, May Juli, nne Bartell, City 6