ORD 2021-025 Granting to Maxwell Special Utility District

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8, City agrees that if City sells, conveys, or surrenders possession of any portion of the Public Right -of -Way that is being used by District pursuant to this Franchise, City, except where relocation is required under Section 14, to the extent of its right to do so, shall first grant District an easement for such use and the sale, conveyance, or surrender of possession of the Public Right - of -Way shall be subject to the right and continued use of District. SECTION 18. ACCEPTANCE. The District shall, within thirty (30) days following the final passage and approval of this Franchise, file with the City Clerk of the City of San Marcos a written statement signed in its name and behalf in substantially the following form: "To the Honorable Mayor: and City Council of the City of San Marcos: Maxwell Special Utility District, hereby accepts the attached franchise ordinance and agrees to be bound by all of its terms and provisions." C [Name and Title] Dated this day of 20 SECTION 19. SEVERABILITY. If any provision, section, subsection, sentence, clause or phrase of this Franchise is for any reason held to be unconstitutional, void, or invalid or for any reason unenforceable, the validity of the remaining portions of this Franchise shall not be affected thereby, it being the intent the City of San Marcos in adopting this Franchise that no portion hereof or provision hereof shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation and, to this end, all provisions of this ordinance are declared to be severable. SECTION 20. NOTICES. Every notice, order, petition, documents or other direction or communication to be served upon the City or the District shall be deemed sufficiently given if sent by registered or certified mail, return receipt requested. Every such communication to the District shall be sent to: Maxwell Special Utility District Attn: General Manager P.O. Box 158 Maxwell, Texas 787656 With copy to: McGinnis Lochridge, LLP Attn: Zachariah T. Evans, Esq.