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ORDINANCE NO. 2019-37
<br />AN ORDINANCE GRANTING TO SIENERGY, LP, DBA SIENERGY, THE
<br />RIGHT, PRIVILEGE AND FRANCHISE TO CONSTRUCT, INSTALL,
<br />EXTEND, REMOVE, REPLACE, ABANDON, OPERATE AND MAINTAIN
<br />ITS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY OF THE
<br />CITY OF SAN MARCOS, TEXAS FOR THE TRANSPORTATION,
<br />DELIVERY, SALE AND DISTRIBUTION OF NATURAL GAS;
<br />CONTAINING OTHER PROVISIONS RELATING TO THE FOREGOING
<br />SUBJECT; PROVIDING FOR SEVERABILITY; INCLUDING
<br />PROCEDURAL PROVISIONS; PROVIDING FOR APPROVAL ON
<br />THREE READINGS OF THE ORDINANCE; AND PROVIDING AN
<br />EFFECTIVE DATE.
<br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS,
<br />TEXAS:
<br />SECTION 1. GRANT OF AUTHORITY. Subject to the terms. conditions and provisions
<br />of this ordinance, the right, privilege and franchise is hereby granted to SiEnergy, LP, DBA
<br />SiEnergy, to construct, install, extend, remove, replace, abandon, operate and maintain its facilities
<br />within the Public Rights -of -Way of the City of San Marcos, Texas for the transportation, delivery,
<br />sale and distribution of natural gas within the corporate limits of the City of San Marcos, as the
<br />same are now and as the same may from time to time be extended. This ordinance may be
<br />referred to hereinafter as "this ordinance" or "this "Franchise."
<br />SECTION 2. DEFINITIONS.
<br />2.1 "City" shall mean the City of San Marcos, Texas, a home -rule municipal
<br />corporation.
<br />2.2 "Company" shall mean SiEnergy, LP, DBA SiEnergy, and its affiliates and
<br />subsidiaries under common ownership or control with SiEnergy, LP, provided no such affiliate or
<br />subsidiary may operate pursuant to this Franchise until a duly authorized representative has
<br />executed and delivered, in a form acceptable to the City Attorney of the City, an agreement to be
<br />fully bound by the terms, conditions and obligations under this Franchise. Company does not mean
<br />any other assignee, business organization, entity or person, any of which shall have no right,
<br />privilege or franchise granted hereunder.
<br />2.3 "Emergency Operations" means operations or repairs of facilities to prevent
<br />imminent harm to the health, safety, or welfare of persons or property.
<br />2.4 "Facilities" shall mean pipes, pipelines, natural gas mains, laterals, feeders,
<br />regulators, meters, fixtures, connections and attachments and other instrumentalities and
<br />appurtenances, used in or incident to providing transportation, distribution, supply and sales of
<br />natural gas for heating, lighting, power and any other purposes for which natural gas may now or
<br />hereafter be used.
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