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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 6. VACATION OF PUBLIC WAYS. THE CITY SHALL GIVE COMPANY AT LEAST TWO WEEKS PRIOR WRITTEN NOTICE OF A PROPOSED VACATION OF A PUBLIC WAY. THE CITY AND THE COMPANY SHALL COMPLY WITH MINNESOTA RULES, 7819.3200 AND APPLICABLE ORDINANCES CONSISTENT WITH LAW. SECTION 7. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 8. FRANCHISE FEE. 8.1. Reservation of Rie:ht. The City reserves all rights under Minn. Stat. g 2l6B.36, to require a franchise fee at any time during the term of this franchise, and amend the amount and rate design of the fee at any time thereafter, but no more frequently than annually. The franchise fee will be imposed in lieu of permit fees and therefore no administrative fee will be charged by the Company to calculate, collect, and distribute the fee to the City. If the City elects to require a franchise fee it shall notify Company and negotiate in good faith to reach a mutually acceptable fee agreement, which shall be set forth in a separate ordinance and not adopted until at least 60 days after Notice enclosing such proposed ordinance has been served upon Company by certified mail. If the City and Company are unable to agree on a franchise fee or on any terms related thereto, each hereby consents to the jurisdiction of State District Court, Dakota County, to construe their respective rights under the law, subject to all rights of appeal. SECTION 9. ABANDONED FACILITIES. The Company shall comply with City ordinances, Minnesota Statutes, Section 2l6D.Ol et seq. and Minnesota Rules Part 7819.3300, as they may be amended from time to time. The Company shall maintain records describing the exact location of all abandoned and retired Facilities within the City, produce such records at the City's request and comply with the location requirements of Section 2l6D.04 with respect to all Facilities, including abandoned and retired Facilities. SECTION 10. PROVISIONS OF ORDINANCE.