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<br />expenses arising out of or resulting from the conduct or operation
<br />of Operator's business. It is the intention of Operator that such
<br />indemnity shall apply whether or not the damages, claims, loses,
<br />demands, suits judgments and costs, including reasonable
<br />attorneys' fees and expenses arise from the negligence of City.
<br />
<br />SECTION 13. Changes in Franchise: City expressly reserves
<br />the right, after due notice to Operator, to modify, amend, alter,
<br />change or eliminate any of the provisions of this franchise which
<br />may become obsolete or impractical and to impose such additional
<br />conditions upon Operator as may be just and reasonable, such
<br />conditions to be those deemed necessary for the purpose of
<br />insuring adequate Operator to the public. Provided, however, City
<br />shall not modify, amend, alter, change or eliminate any of these
<br />provisions until after a public hearing.
<br />
<br />SECTION 14. Termination by City for Default by Operator:
<br />ci ty shall have the right to investigate the manner of operation
<br />of the Operator at any time. City may terminate this franchise
<br />for the violation or default by Operator of any of the terms
<br />thereof, provided that Operator shall first be given notice of
<br />such violation or default and of the intent to terminate ¡ and
<br />should such violation or default continue for a period of more
<br />than thirty (3Ø) days, then all the rights and privileges of
<br />Operator under the provisions of this franchise may be forthwith
<br />terminated¡ provided, however, that termination shall not be
<br />invoked for any violation or default due to strikes,
<br />insurrections, acts of God or any other causes beyond the control
<br />of Operator.
<br />
<br />SECTION 15. Renewal¡ Voluntary Termination: The original
<br />term of this franchise shall be for a period of six (6) months
<br />from its effective date. Unless either party gives notice of its
<br />intention to terminate the franchise at least thirty (3Ø) days in
<br />advance of the end of such period, this franchise shall then be
<br />renewed for a one year period. Thereafter, this franchise shall
<br />be renewed each year upon the anniversary of the beginning of the
<br />first one-year term unless either party gives written notice to
<br />the other at least thirty (3Ø) days in advance of the renewal date
<br />of its intention to terminate this franchise. It is not necessary
<br />for the party giving notice of intent to terminate to specify any
<br />cause in connection with the termination.
<br />
<br />SECTION 16. Severability: It is hereby declared to be the
<br />intention of the City Council that the sections, paragraphs,
<br />sentences, clauses and phrases of this Ordinance are severable,
<br />and if any phrase, clause, sentence, paragraph or section of this
<br />Ordinance shall be declared unconstitutional by the valid judgment
<br />or decree of any court of competent jurisdiction, such
<br />unconstitutionality shall not affect any of the remaining phrases,
<br />clauses, sentences, paragraphs and sections of this Ordinance,
<br />since the same would have been enacted by the City Council without
<br />the incorporation in this Ordinance of any such unconstitutional
<br />phrase, clause, sentence, paragraph or section.
<br />
<br />SECTION 17. Effective Date: This franchise shall become
<br />effective thirty (3Ø) days after its final passage.
<br />
<br />PASSED AND APPROVED on first reading July 13, 1992.
<br />
<br />PASSED AND APPROVED on second reading July 27, 1992.
<br />
<br />PASSED, APPROVED AND ADOPTED August 10, 1992. .
<br />
<br />LathY . o~~ ~
<br />
<br />Mayor
<br />
<br />
<br />
<br />Approved: Attes-t;-: ., j). ~ ~ '\
<br />I //\ . '-.sc;J. ~ /Î/I J
<br />~~ c1JWŸ/A-f<--/ jr~~~jþ
<br />
<br />Mark B. Ta~~() Ja~is K. Womack
<br />City Attorney City Secretary
<br />
<br />PUBLISHED IN THE SAN MARCOS DAILY RECORD, THURSDAY, AUGUST 13, 1992
<br />
<br />PUBLISHED IN IT) S ENTIRITY IN THE SAN MARCOS DAILY RECORD, JULY '~II~~Ì-
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