Ord 2023-051 granting to Universal Natural Gas, LLC d/b/a Universal Natural Gas, Inc., the right, privilege and franchise to construct, install, extend, remove, replace, abandon, operate and maintain its facilities with the public rights of SMTX

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Dated this day of 20 SECTION 20. 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 21. NOTICES. Every notice, order, petition, documents or other direction or communication to be served upon the City or the Company shall be deemed sufficiently given if sent by registered or certified mail, return receipt requested. Every such communication to the Company shall be sent to: Universal Natural Gas, LLC Attn: Brad ZarinGeneral Counsel 9950 Woodloch Forest Drive, Suite 22000 The Woodlands, Texas 77380 Every such communication to the City or the City Council shall be sent to: City of San Marcos, Texas Attn: Mayor 630 East Hopkins Street San Marcos, Texas 78666 With a Copy to: City of San Marcos, Texas Attn: City Manager 630 East Hopkins Street San Marcos, Texas 78666 SECTION 22. PUBLICATION, PASSAGE AND EFFECTIVE DATE. This Franchise, having been published once before first reading, shall take effect and be in force thirty (30) days after final passage and timely receipt of the Company's acceptance under Section 19 ('Effective Date"). In accordance with Section 11.04 of the City's Charter,the Company shall pay the cost of publication of this ordinance. SECTION 23.PRIOR AGREEMENTS.This Franchise supersedes any agreements,oral or written, between the City and the Company. SECTION 24. APPLICABLE LAW AND VENUE. This Franchise shall be construed and interpreted under the laws of the state of Texas. Venue for any legal proceedings arising under