§ 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. This Franchise and other ordinances of the City shall be construed to give effect to all provisions to the maximum extent possible. In the event of a direct conflict between the provisions, the terms of this Franchise shall govern.

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

    11.3. Termination. The City may terminate this Franchise by providing written notice to the Company at least twelve (12) months before the effective termination date ("termination notice"); provided, however, that the earliest date of a termination notice is January 1, 2019. In no event shall this Franchise exceed ten (10) years from the Effective Date. 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-086, § 1, 10-17-14, eff. 1-1-15)