Ord 1990-084 - Laserfiche WebLink

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-7- for any violation involving imminent danger to the public health, safety and welfare, or excuse the violation or failure to comply upon a showing by Grantee of mitigating circumstances or other good cause. Grantee shall not be excused from complying with any of the terms and conditions of this franchise on account of any failure of the City upon anyone or more occasions to insist upon strict compliance with any such terms or conditions. SECTION 18. NOTICE. For the purpose of this Ordinance, notice to the City will be to: City Manager City of San Marcos 630 E. Hopkins San Marcos, TX 78666 Notice to the Grantee will be to: General Manager Entex, a division of Arkla, Inc. P. O. Box 689 San Marcos, TX 78666 Notice will be effective upon delivery at the above addresses until the City or Grantee notifies the other, in writing, of a change in the address. SECTION 19. PUBLIC PURPOSE OF FRANCHISE. All of the regulations provided in this Ordinance are hereby declared to be for a public purpose and the health, safety, and welfare of the general public. Any member of the governing body or city official or employee charged with the enforcement of this Ordinance, acting for the City in the discharge of his duties, shall not thereby render himself personally liable; and he is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his said duties. Neither the City nor Grantee, by accepting this franchise waives its right to seek all appropriate legal and equitable remedies as allowed by law upon violation of the terms of this franchise, including seeking injunctive relief in a court of competent jurisdiction. Such right to injunctive relief is expressly reserved and all terms and provisions hereof shall be enforceable through injunctive relief. SECTION 20. SEVERABILITY. If any provision, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, void or invalid (oJ:' for any reason unenforceable), the validity of the remaining portions of this Ordinance shall not be affected thereby, it being the intent of Grantor in adopting this Ordinance that no portion hereof or provisions or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation, and to this end, all provisions of this Ordinance are declared to be severable. SECTION 21. That this Ordinance shall be in effect thirty (30) days from and after its passage, and it shall be published in a newspaper of general circulation in the area as required by the Charter of the City of San Marcos, Texas. PASSED AND APPROVED on first reading October 8, 1990. PASSED AND APPROVED on second reading October 22, 1990. PASSED, APPROVED AND ADOPTED November 5, 1990.