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<br /> ,~ 38 <br /> ey,. <br /> \T'- <br /> -, <br /> - Q <br /> ~~ ,-~, <br /> ¡-r¡ <br /> go <br /> ORDINANCE 199()- 52 -"'" <br /> f'T1 - <br /> --1 - <br /> ::Þ- ..Q <br /> :;:v <br /> ~ -0 <br /> r/ <br /> AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br /> f.1ARCOS, TEXAS, ESTABLISHING A FRANCHISE AGREEMENT <br /> BETWEEN THE CITY AND THE PEDERNALES ELECTRIC <br /> COOPERATIVE, INC. FOR THE PROVISION OF ELECTRICAL <br /> SERVICE WITHIN A PORTION OF THE CITY FOR A PERIOD OF <br /> TEN YEARS, AND THAT THE CITY OF SAN MARCOS SHALL <br /> RECEIVE A QUARTERLY FRANCHISE FEE FOR SUCH USE, <br /> PROVIDING FOR INDEMNIFICATION OF THE CITY OF SAN <br /> MARCOS, AND DECLARING AN EFFECTIVE DATE. <br /> WHEREAS, the Pede rnales Electric Cooperative, Inc. a private <br /> corporation duly organized, existing and doing business under the Laws <br /> of the State of Texas, hereinafter referred to as "PEC", is engaged in <br /> the provision of electric utility service in this State, and in <br /> furtherance thereof has erected and maintained certain items of its <br /> plant construction in a portion of the City of San Marcos, Texas, <br /> hereinafter referred to as the "City", pursuant to such rights as have <br /> been granted to it by and under the laws of the State of Texas and <br /> subject to appropriate regulation under the police power of the City; <br /> and, <br /> \vHE REAS, both the City and PEC desire that an agreement should be <br /> entered into establishing the conditions under which PEC shall use <br /> utility poles, streets, avenues, alleys, rights-of-way, and public <br /> grounds and places in the City; NOW, THEREFORE, <br /> BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br /> TEXAS, THAT: <br /> SECTION 1: Term. This Agreement and Franchise shall be in force <br /> and effect for a period of ten (10) years from and after its <br /> effective date herein provided. <br /> All rights and duties are herein granted and acknowledged for such <br /> term subject to the provisions of this ordìnance. <br /> SECTION 2: Placement of Plant. The poles, wires, anchors, <br /> cables, manholes, conduits, facilities, guys, poles, and other <br /> equipment and appurtenances used in or incident to the providing of <br /> electric utility services by PEC in the City shall remain as now <br /> constructed, subject to such changes as under the limitations and <br />