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<br />I <br /> <br />SECTION 11. Changes in Franchise: The City expressly reserves the right, after <br />due notice to the Service, to modify, amend, alter, change or eliminate any of the <br />provisions of this franchise which may become obsolete or impractical and to impose <br />such additional conditions upon the Service as may be just and reasonable, such <br />conditions to be those deemed necessary for the purpose of insuring adequate service to <br />the public. Provided however, the City will not modify, amend, alter, change or eliminate <br />any of these provisions until after a public hearing. <br /> <br />SECTION 12. Suspension or Termination for Default by Service: The City will <br />have the right to investigate the manner of operation of the Service at any time. The City <br />Council may suspend or terminate this franchise for the violation or default by the <br />Service of any of its terms. Termination will not be invoked, however, for any violation <br />or default due to strikes, insurrections, acts of God or any other causes beyond the control <br />of the Service. The City will provide written notice to the Service of a violation or default <br />and of the intent to suspend or terminate. The Municipal Court of the City of San <br />Marcos shall have the authority to conduct a hearing to determine disputed issues of fact <br />concerning a violation or default of the terms of this Franchise, and to forward these <br />determinations to the City Council. The Municipal Court shall also have the power to <br />assess fines as provided in Section 1.015 ofthe San Marcos City Code. <br /> <br />I <br /> <br />SECTION 13. Severability: If any word, phrase, clause, sentence, or paragraph of <br />this ordinance is held to be unconstitutional or invalid by a court of competent <br />jurisdiction, the other provisions of this ordinance will continue in force if they can he <br />given effect without the invalid portion.. <br /> <br />SECTION 14. Effective Date: The importance of this Ordinance creates an <br />emergency and an imperative public necessity, and the provisions of the Charter <br />requiring that ordinances be presented at three separate meetings, and that ordinances do <br />not take effect until ten days after the date of final passage are suspended, and this <br />Ordinance will take effect upon publication of notice of its adoption in a newspaper of <br />general circulation within the City. <br /> <br />PASSED, APPROVED AND ADOPTED O~06. . <br /> <br />SusanNarvaiz ~ <br />Mayor . l 0 <br /> <br />Approved: <br /> <br />~ <br /> <br />City Attorney <br /> <br />Attest: f / <br /> <br />C'<~. '~)/a~ /VI j~f/Y.r fY)'),MWl!ftVJO~- <br />;J //Ly. l:Ji ~. (f"~ <br />J allis K. Womack <br />City Clerk <br /> <br />I <br /> <br />3 <br />