Ordinance - #03-16 - 07/08/2003 - Laserfiche WebLink

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SECTION 9. 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; provided, however, that if the City is unable to enforce its franchise fee provisions for any reason the City will be allowed to amend the franchise agreement to impose a franchise fee pursuant to statute. 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 Applicabili .ty. This Ordinance constitutes a franchise agreement between the City and its successors and the Company and its successors and permitted assigns, as the only parties. 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 ore more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. This franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. SECTION 10. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended. 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 filing of Company's written consent thereto with the City Clerk within 60 days after the effective day of the amendatory ordinance. SECTION 11. PREVIOUS FRANCHISES SUPERCEDED. This franchise supercedes any previous gas franchise or agreements, verbal or written, granted to the Company or its predecessor. SECTION 12. ORDINANCE SUMMARY FOR PUBLICATION The following official summary of Ordinance #03-16 has been approved by the City Council of the City of Ramsey as clearly informing the public of the intent and effect of the Ordinance: It is the intent and effect of Ordinance #03-16 to grant CenterPoint Energy, Minnegasco, a Delaware Corporation, a natural gas distributor, their successors and assigns, permission to construct, operate, repair and maintain in the City of Ramsey, Minnesota, a gas distribution system, for the furnishing of natural gas energy to the City, its inhabitants and others and to use public ways and public grounds of the City for such purposes. A printed copy of Ordinance #03-16 is available for inspection by any person at the Ramsey Municipal Center.