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Ord 2007-039
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Ord 2007-039
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Last modified
11/15/2007 4:13:31 PM
Creation date
7/18/2007 2:09:14 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Franchise
Number
2007-39
Date
7/17/2007
Volume Book
172
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<br />I <br /> <br />City Manager <br />City of San Marcos <br />630 E. Hopkins <br />San Marcos, TX 78666 <br /> <br />Notice to the Grantee will be to: <br />General Manager <br />CENTERPOINT ENERGY RESOURCES CORP. <br />p, O. Box 689 <br />San Marcos, TX 78666 <br /> <br />Notice will be effective upon delivery at the above addresses until the City or Grantee notifies <br />the other, in writing, of a change in the address, <br /> <br />SECTION 19. PUBLIC PURPOSE OF FRANCHISE. <br /> <br />I <br /> <br />All of the regulations provided in this Ordinance are hereby declared to be for a public <br />purpose and the health, safety, and welfare of the general public. Any member of the governing <br />body or city official or employee charged with the enforcement of this Ordinance shall not <br />thereby render himself personally liable; and he is hereby relieved from all personal liability for <br />any damage that might accrue to persons or property as a result of any act required or permitted <br />in the discharge of his said duties. Neither the City nor Grantee, by accepting this franchise <br />waives its right to seek all appropriate legal and equitable remedies as allowed by law upon <br />violation of the terms of this franchise, including seeking injunctive relief in a court of competent <br />jurisdiction. Such right to injunctive relief is expressly reserved and all terms and provisions <br />hereof shall be enforceable through injunctive relief. <br /> <br />SECTION 20. If any word, phrase, clause, sentence, or paragraph of this Ordinance is held to be <br />unconstitutional or invalid, by a court of competent jurisdiction, the other provisions of this <br />Ordinance will continue in force if they can be given effect without the invalid portion. <br /> <br />SECTION 21. All ordinances and resolution or parts of ordinances or resolutions in conflict <br />with this Ordinance are repealed. <br /> <br />SECTION 22. All meetings at which this Ordinance has been considered and the meeting at <br />which this Ordinance was passed were conducted and all notices required were posted in strict <br />compliance with the Texas Open Meetings Act (Texas Government Code, Chapter 551). <br /> <br />SECTION 23. This Ordinance will take effect 30 days after final passage and adoption. The <br />City Clerk will publish notice of its adoption in a newspaper of general circulation in the City as <br />required by the City Charter. <br /> <br />I <br /> <br />SECTION 24. CenterPoint Energy Resources Corp., DBA CenterPoint Energy Texas Gas <br />Operations, will have 60 days after the date of the publication of notice of adoption of this <br />Ordinance to file its written acceptance with the City Clerk. The written acceptance will be in the <br />form attached as Exhibit A. <br />
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