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<br />I'" <br />:¡: ~ ~8 <br />Q~::: ~~ 52 <br />J~} s:o - ~::E <br />IoU <3 ::r- c::: <br />..J~ D þJå <br />- .4- ""'ê!) <br />>- <br />-- -~ <br />1L ""-.. - - <br />ëë Qr;! ORDINANCE 1993- 72 <br />en B' <br />'0 ~ ~ i j AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <br />U!~ -::' ¡;¡¿ OF SAN MARCOS, TEXAS, ESTABLISHING A FRANCHISE <br />-~ .:!.. t3 tI AGREEMENT BETWEEN THE CITY AND THE BLUEBONNET <br />::! -~\ ;:; ~'S ELECTRIC COOPERATIVE, INC. FOR THE PROVISION <br />1L =l ::75 !:::i OF ELECTRICAL SERVICE WITHIN A PORTION OF THE <br />~ ~ CITY FOR A PERIOD OF TEN YEARS, AND THAT THE, <br />CITY OF SAN MARCOS SHALL RECEIVE A QUARTERLY <br />I FRANCHISE FEE FOR SUCH USE, PROVIDING FOR <br />INDEMNIFICATION OF THE CITY OF SAN MARCOS, AND <br />DECLARING AN EFFECTIVE DATE. <br /> <br /> <br />WHEREAS, the Bluebonnet Electric cooperative, In~., a private <br />corporation duly organized, existing and doing business under the <br />Laws of the State of Texas, hereinafter referred to as <br />"Bluebonnet", is engaged in the provision of electric utility <br />service in this State, and in furtherance thereof has erected and <br />maintained certain items of its plant construction ,in a portion of <br />the City of San Marcos, Texas, hereinafter referred to as the <br />"city", pursuant to such rights as have been granted to it by and <br />under the laws of the State of Texas and subject to appropriate <br />regulation under the police power of the city; and, <br />~ WHEREAS, both the City and Bluebonnet desire that an agreement <br />! <br />, <br />should be entered into establishing the conditions under which <br />Bluebonnet shall use utility poles, streets, avenues, alleys, <br />rights-of-way, and public grounds and places in the City; now, <br />therefore, <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />SECTION 1. Term. This Agreement and Franchise shall be in <br />force and effect for a period of ten (10) years from and after its <br />effective date herein provided. <br />All rights and duties are herein granted and acknowledged for <br />such term subject to the provisions of this ordinance. <br />. SECTION 2. Placement of Plant. The poles, wires, anchors, <br />! <br />¡ cables, manholes, conduits, facilities, guys, poles, and other <br />equipment and appurtenances used in or incident to the providing of <br />electric utility services by Bluebonnet in the City shall remain as <br />now constructed, subject to such changes as under the limitations <br />and conditions herein prescribed may be considered necessary by the <br />City in the exercise of its lawful powers. Bluebonnet shall have <br />