§ 11. Provisions of Ordinance.  


Latest version.
  • 11.1. 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.

    11.2. Limitation on Applicability. This Ordinance constitutes a Franchise 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 Franchise or of any one (1) or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto.

    11.3. Early Termination. The City may terminate the Franchise before the term provided in Section 2.1 only as provided in this Section. If the City asserts that Company is not working in good faith to honor its obligations under the Clean Energy Partnership Memorandum of Understanding ("MOU") incorporated by reference, the City shall notify Company in writing of the specific facts supporting its allegation, as well as the desired remedy ("Notice of Concerns"). Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the issues identified in the Notice of Concerns are not resolved within one hundred eighty (180) days of Company's receipt of the Notice of Concerns, the parties must promptly and jointly select a mediator to facilitate further discussion and conduct non-binding mediation. The parties will equally share the fees and expenses of this mediator. If the parties are unable to resolve the issues identified within three hundred sixty-five (365) days after Company's receipt of the Notice of Concerns, the City may terminate this Franchise by providing written notice of intent to terminate to Company at least twelve (12) months before the effective termination date, provided that earliest date that the notice of intent to terminate may be sent is January 1, 2019. The City may terminate the Franchise only upon a vote of two-thirds of all the members of the City Council.

    11.4. Point of Contact. Company shall provide City with the contact information of the person designated as the single point of contact for City on issues related to this Franchise, reliability and service issues, and other such matters. Company shall provide City with updated point of contact information as necessary during the term hereof.

(2014-Or-083, § 1, 10-17-14, eff. 1-1-15)