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supplier, the City has the authority to require a franchise fee or to impose a <br />tax. The franchise fee, or tax, shall be applicable to energy sales for any <br />energy use related to heating, cooling, or lighting, as well as to the supply of <br />energy needed to run machinery and appliances on premises located within <br />or adjacent to the City, but shall not apply to energy sales for the purpose of <br />providing fuel for vehicles. <br /> <br />SECTION 7. PROVISIONS OF ORDINANCE. <br /> <br />7.1 <br /> <br /> Severability. Every section, provision, or part of .this Ordinance is <br />declared separate fi'om every other section, provision, or part; and if any <br />section, provision, or part shall be held invalid, it shall not affect any other <br />section, provision, or part; provided, however, that if the City is unable to <br />enforce its franchise fee provisions for any reason the City will be allowed to <br />amend the franchise agreement to impose a franchise fee pursuant to statute. <br />Where a pro'vision of any other City ordinance conflicts with the provisions of <br />this Ordinance, the provisions of this Ordinance shall prevail. <br /> <br />7.2 <br /> <br /> Limitation on Applicability,. This Ordinance constitutes a franchise <br />agreement between the City and its successors and the Company and its <br />successors and p emitted assigns, a s t he only parties. N o provision o f t his <br />franchise shall in any way inure to the benefit of any third person (including <br />the public at large) so as to constitute any such person as a third party <br />beneficiary of the agreement or of any one ore more of the terms hereof, or <br />otherwise give rise to any cause of action in any person not a pm'ty hereto. <br />This franchise agreement shall not be interpreted to constitute a waiver by the <br />City of any of its-defenses of immunity or limitations on liability under <br />Minnesota Statutes, Chapter 466. <br /> <br />SECTION 8. AMENDMENT PROCEDURE. <br /> <br />Either party to this franchise agreement may at any time propose that the <br />agreement be amended. This Ordinance may be amended at any time by the City <br />passing a subsequent ordinance declaring the provisions of the amendment, which <br />amendatory ordinance shall become effective upon the filing of Company's <br />written consent thereto with the City Clerk within 60 days after the effective day <br />of the amendatory ordinance. <br /> <br />SECTION 9. PREVIOUS FRANCHISES SUPERCEDED. <br /> <br /> This franchise supercedes any previous gas franchise or agreements, verbal or <br />written, granted to the Company or its predecessor. <br /> <br />-159- <br /> <br /> <br />