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SECTION 7. LIMITATION ON APPLICABILITYi NO WAIVER. <br /> <br /> This Ordinance constitutes a franchise agreement between the City and its successors <br />and the Company and its successors and permitted assigns, as the only parties. No provision <br />of this franchise shall in any way inure to the benefit of any third person (including the public <br />at large) so as to constitute any such person as a third party beneficiary of the agreement or of <br />any one or more of the terms hereof, or otherwise give rise to any cause of action in any <br />person not a party hereto. This franchise agreement shall not be interpreted to constitute a <br />waiver by the 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 agreement be <br />amended. This Ordinance may be amended at any time by the City passing a subsequent <br />ordinance declaring the provisions of the amendment, which amendatory ordinance shall <br />become effective upon the filing of Company's written consent thereto with the City Clerk <br />within 60 days after the effective date of the amendatory ordinance. <br /> <br />SECTION 9. VACATION OF PUBLIC WAYS. <br /> <br /> The City shall give Company at least two weeks prior written notice of a proposed <br />vacation of a Public Way. The City and the Company shall comply with Minnesota Rules, <br />7819.3200 and applicable ordinances consistent with law. <br /> <br /> Passed and adopted by the City Council of the City of Elk River this 24~h day of <br />February, 2003. <br /> <br />Attest: <br /> <br />Stephanie Klinzing <br />Mayor <br /> <br />Sandra A. Peine <br />City Clerk <br /> <br />Gas Franchise Ordinance <br />February 6, 2003 Page 5 <br /> <br /> <br />