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<br /> ('0 ORDINANCE 1990- d4
<br /> AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
<br /> OF SAN MARCOS, TEXAS, ESTABLISHING A FRANCHISE
<br /> JQ AGREEMENT BETWEEN THE CITY OF SAN MARCOS AND
<br /> ~ ENTEX, A DIVISION OF ARKLA, INC., FOR THE
<br /> - CONSTRUCTION, !1AINTENANCE, AND OPERATION OF A
<br /> v' NATURAL GAS DISTRIBUTION SYSTEM IN THE CITY OF
<br /> 0 SAN MARCOS, HAYS COUNTY, TEXAS; PROVIDING
<br /> b CONDITIONS CONTROLLING THE USE BY ENTEX OF
<br /> c:::; PUBLIC PROPERTY; ESTABLISHING STANDARDS OF
<br /> SERVICE; PROVIDING FOR PAYMENT OF FEES BY
<br /> ENTEX TO THE CITY; PROVIDING FOR ACCEPTANCE;
<br /> PROVIDING FOR SEVERABILITY; REPEALING ALL
<br /> ORDINANCES IN CONFLICT HEREWITH, AND DECLARING
<br /> AN EFFECTIVE DATE.
<br /> BE IT ORDAINÈD BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS,
<br /> TEXAS:
<br /> SECTION 1. GRANT OF RIGHTS.
<br /> The City of San Marcos, a Texas municipal corporation
<br /> (hereinafter referred to as "City") does hereby grant unto Entex,
<br /> a Division of Arkla, Inc., its successors and assigns (hereinafter
<br /> referred to as "Grantee") the right, privilege and franchise to
<br /> construct, maintain, and operate within and along all of the
<br /> present and future streets, squares, alleys, bridges, utility
<br /> easements and other public properties in the City, and in all such
<br /> places within areas hereinafter annexed to the corporate
<br /> boundaries of the City (these areas are hereinafter collectively
<br /> referred to as the "public property"), a system of pipelines, gas
<br /> mains, laterals, conduits, feeders, regulators, meters,
<br /> connections, and other appurtenances necessary and proper for the
<br /> purpose of transporting, distributing, supplying and selling gas
<br /> (natural and/or artificial and/or mixed) for heating, lighting,
<br /> power and for any other purpose for which gas may be used by the
<br /> City and its inhabitants or any other person within the corporate
<br /> boundaries of the City.
<br /> SECTION 2. NO INTERFERENCE WITH TRAFFIC AND OTHER PUBLIC
<br /> USE.
<br /> 2.1. Grantee's property shall be constructed and maintained
<br /> so that it will not interfere unreasonably with traffic over the
<br /> public thoroughfares of the City and shall be laid in accordance
<br /> with the lines, grades, and conditions established by the City.
<br /> 2.2. Grantee shall conduct its maintenance, repair,
<br /> construction, and similar activity in a manner that will cause the
<br /> least interference practicable with the use of public or private
<br /> property within the City.
<br /> SECTION 3. CONSTRUCTION ACTIVITIES.
<br /> 3.1. Grantee shall comply with all applicable laws and
<br /> provisions of ordinances of the City regarding construction within
<br /> or on public property. The City shall have the right to inspect
<br /> all construction to ensure compliance with these laws and
<br /> ordinances.
<br /> 3.2 The City reserves the right to lay, and permit to be
<br /> laid, sewer, water, and other pipelines, poles, cables, and
<br /> conduits and facilities for the transmission and supply of
<br /> electricity, and to do and permit to be done any underground or
<br /> above-ground work that may be necessary or proper in, across,
<br /> along, over, or under any area of the public property occupied by
<br /> the Grantee. The City also reserves the right to change any curb,
<br /> sidewalk, or street. In permitting this work to be done, the City
<br /> shall not be liable to Grantee for any resulting damage to
<br /> Grantee's property.
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