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<br /> -3- <br /> SECTION 13. Forfeiture and Penalty: City shall have the <br /> right to investigate the manner of operation of the service of <br /> Service for the purpose of securing to City efficient and <br /> economical service for the purpose herein more fully set out. <br /> City may at any time declare a forfeiture of this franchise for <br /> the violation or default by Service of any of the terms hereof, <br /> provided that none of the terms of this franchise shall be deemed <br /> to be violated so as to permit such forfeiture, unless Service <br /> shall first be given notice of such violation or default and of <br /> the intent to declare a forfeiture and thereafter such violation <br /> or default shall continue for a period of more than thirty (30) <br /> days and in such event all the rights and privileges of Service <br /> under the provisions of this franchise may be forthwith declared <br /> forefeited and revoked; provided, however, that Service shall not <br /> be deemed to be in default for performance of any provision of <br /> this franchise nor shall any forfeiture be invoked for any <br /> violation of or failure to perform any provision hereof due to <br /> strikes, insurrections, acts of God or any other causes beyond the <br /> control of Service. <br /> SECTION 14. Severabili!y: It is hereby declared to be the <br /> intention of the City Council that the sections, paragraphs, <br /> sentences, clauses and phrases of this Ordinance are severable, <br /> and if any phrase, clause, sentence, paragraph or section of this <br /> Ordinance shall be declared unconstitutional by the valid judgment <br /> or decree of any court of competent jurisdiction, such <br /> unconstitutionality shall not affect any of the remaining phrases, <br /> clauses, sentences, paragraphs and sections of this Ordinance, <br /> since the same would have been enacted by the City Council without <br /> the incorporation in this Ordinance of any such unconstitutional <br /> phrase, clause, sentence, paragraph or section. <br /> SECTION 15. Effective Date: This franchise shall become <br /> effective thirty (30)ëfãys after its final passage. <br /> PASSED AND APPROVED on first reading October 14, 1985. <br /> PASSED AND APPROVED on second reading October 28, 1985. <br /> PASSED, APPROVED AND ADOPTED November 14, 1985. <br /> ~d~k <br /> Mayor <br /> Attest: <br /> ) <br /> ~j ~/IJVð- ~ <br /> Janis K. Womack <br /> City Secretary <br /> .....- <br /> Approved: <br /> ~~/ <br /> City Attorney <br /> Published in the SAN MARCOS NEWS November 21, 1985. <br />