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Ord 1993-072
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Ord 1993-072
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Last modified
9/18/2007 4:08:17 PM
Creation date
7/5/2007 3:04:00 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Franchise
Number
1993-72
Date
9/13/1993
Volume Book
112
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<br /> S-~þ <br /> -5- <br /> gross receipts paYment to the city. <br /> SECTION 11. No Exclusive privileqes Conferred. Nothing <br /> herein contained shall be construed as giving to Bluebonnet any <br /> exclusive privilege or franchise. <br /> SECTION 12. city Approval of Transfer. Bluebonnet shall <br /> have the right to transfer this agreement. The written approval by <br /> the City Council shall be secured by Bluebonnet before it may <br /> transfer or assign this agreement, or any of the rights or <br /> privileges included within it, or any significant portion of its <br /> plant or system. Any successor or assignee of Bluebonnet shall be <br /> bound by all the duties, obligations, and conditions of the <br /> agreement. Such transfer or assignment will be considered only <br /> . <br /> upon the filing with the city Secretary of an instrument duly <br /> executed by the assignee agreeing to be bound. The city shall not <br /> unreasonably withhold approval of a transfer¡ provided, however, <br /> the proposed assignee must show financial responsibility and must <br /> agree to comply with all provisions of this agreement. <br /> SECTION 13. Riqht to Terminate For Breach of Contract. <br /> violation of or failure or refusal on the part of Bluebonnet to <br /> perform, or in good faith begin and continue performance, of any of <br /> the terms and provisions hereof after thirty (3 0) days written <br /> notice from the city of such claim, failure or violation shall, at <br /> the election of the City, be treated as a breach of the terms of <br /> this ordinance and Agreement, and failure on the part of Bluebonnet <br /> due to its negligence or refusal to well and truly perform or <br /> attempt in good faith to perform any of its duties hereunder shall <br /> be treated as a breach of this agreement, ordinance and franchise <br /> and this ordinance, agreement and franchise shall, thereupon, at <br /> the election of the City, terminate and become inoperative. <br /> SECTION 14. Partial Invalidity and Repeal Provisions. All <br /> ordinances and agreements and parts of ordinances and agreements in <br /> conflict herewith are hereby repealed only to the extent of the <br /> conflict herewith. <br /> SECTION 15. Requlation of Rates. The City and Bluebonnet <br /> agree that the City shall have the authority to regulate the rates <br />
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