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7 <br /> <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 between the <br />City and Company as the only parties, and no provision of this franchise shall in any way inure <br />to the benefit of any third person (including the public at large) so as to constitute any such <br />person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or <br />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 may at any time propose that the agreement be amended. If an <br />amendment is agreed upon, this Ordinance may be amended at any time by the City passing a <br />subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance <br />shall become effective upon the filing of Company’s written consent thereto with the City Clerk <br />within 90 days after the date of final passage by the 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 PREVIOUS FRANCHISES SUPERSEDED.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 /> Passed and approved: _________________________, 2025. <br /> <br /> ______________________________________ <br /> Charles Cadenhead, Mayor <br />Attest: <br /> <br />________________________________ <br />Julie Johnson, City Clerk <br /> <br /> <br /> <br />ACCEPTED: This Franchise is accepted and the undersigned agrees to be bound by its terms. <br /> <br />Dated: ________________________ , 2025. <br />