2.3. ERMUSR 10-8-2019 - Laserfiche WebLink

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reasonable times all records necessary to audit the Company's determination of the franchise fee payments. 10.5. Continuation of Franchise Fee. If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise, the franchise fee, if any being imposed by the City at the time this franchise expires,will remain in effect until a new franchise is agreed upon notwithstanding the franchise expiration as provided in section 2.6 above. SECTION 11. SERVICE.RELIABILITY& REPORTING. Company shall provide City with its annual reliability report and, if requested by the City, shall meet annually with the City to review and discuss the reliability report, items of concern or interest relating to the report, or other matters raised by the City or Company regarding the Company's service and Electric Facilities in the City. SECTION 12. PROVISIONS OF ORDINANCE. 12.1 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. If, for any reason, the City is unable to enforce the franchise fee provisions of this Ordinance or the separate franchise fee ordinance, the City may amend this Ordinance or the separate fee ordinance as needed 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. 12.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties, and 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 or more of the terms hereof,or otherwise give rise to any cause of action in any person not a party hereto. SECTION 13. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, 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 30 days after the date of final passage by the City of the amendatory ordinance. This amendatory procedure is subject, however, to the City's police power and franchise rights under state law, which rights are not waived by this Ordinance. SECTION 14. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous electric franchise granted to Company or its predecessors by City or its predecessors. 8 49