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<br />~ <br />at <br />w~ <br />...J~ <br />~ <br /> <br />C( <br /> <br />2 <br />BJ <br />Wi <br />--J - <br />.~ <br /> <br />C( <br /> <br />tØ <br />o <br />~ ~ e <br /><:) a:tU <br />('o.J w:i <br />4N ...Ie <br />0«1 <br />~ >CIJ <br />IX 1-- <br />~ o~ <br />o <br /> <br />6"81 rvl<e~4\·'t~ <br />qt. <br /> <br />158. <br />(') ~:!! <br />qo :J> <br />0- ""'tI <br />-..... :::c <br />cn-< .~ <br />þ) 0 -r- <br />::;, ï W n.m <br />!:.m N go <br /> »:D Q ~ <br />g" (:) <br />.c.. ~ <br />.fA <br /> <br />ORDINANCE NO. 2004- .21 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS, RENEWING THE EXISTING <br />FRANCHISE AGREEMENT BETWEEN THE CITY AND THE <br />BLUEBONNET ELECTRIC COOPERATIVE, INC. FOR A <br />PERIOD OF FIVE YEARS; AMENDING THE AGREEMENT TO <br />PROVIDE FOR AUTOMATIC RENEW ALOF THE AGREEMENT <br />FOR FIVE YEAR PERIODS; PROVIDING FOR WRITIEN <br />ACCEPTANCE TO BE FILED BY THE BLUEBONNET <br />ELECTRIC COOPERATIVE, INC.; AND PROVIDING AN <br />EFFECTIVE DATE. <br /> <br />rn <br />...,..0 <br />C) ~ ~ <br />CI a: as <br />C"J w~ <br />~ ...J e <br />Om <br />cq >-CIJ <br />a:: !:: 15 <br />~ O~ <br />Õ <br /> <br />º ~ <br />- 3: <br />'<0 ~ ~ <br />0- <br />--t <br />CIJ-< Q <br /> ).) (") -f <br />:::I ï """" i'm <br />s:m f',) µ3 <br />$»::D C) <br />a'" c::::> <br />0 .po. ¡: <br />en <br /> <br />RECITALS:· <br /> <br />1. In Ordinance No. 1993-72, the City Council of the City of San Marcos, Texas, granted to <br />the Bluebonnet Electric Cooperative, Inc. ("Bluebonnet") a non":exclusive franchise (the "Franchise") <br />to provide electric utility service in the' City. <br /> <br />2. Bluebonnet has requested that the Franchise be renewed, and the City is willing to grant a <br />renewal of the Franchise for a period of five years. <br /> <br />3. The entire text of this ordinance was published in a newspaper of general circulation in the <br />City on i-larch 10 , 2004. <br /> <br />4. The City Council conducted a public hearing on the proposed renewal on March 22,2004. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />SECTION 1. The renewal of the Franchise for a period of five years is approved, sùbject to <br />all of the existing termS and conditions of the Franchise, with the exception that Sections 1 and 8 are <br />amended as follows (added text is shown by underlining and deleted text is shown by overstrike): <br /> <br />SECTION 1. Tenn. This Agreement and Franchise shaH be in force and effect for a period of five (5) <br />tea (10) years from and after its effective date herein provided. All rights and duties are herein <br />granted and acknowledged for such tenn subject to the provisions of this ordinance. <br /> <br />This Agreement and Franchise shall automatical1yrenew thereafter for successive five (5) year terms <br />unless one party notifies the other in writing of its intention not to renew this Agreement and <br />Franchise at least six (6) months in advance of a respective renewal date. <br /> <br />SECTION 8. Indemnification. Bluebonnet agrees to indemnifY, hold harmless and defend the City <br />and its officials or employees from and against any claims or liability which maybe incurred by reason <br />of any act or omission of Bluebonnet in connection '.'lith its operations hereunder. <br /> <br />A. Bluebonnet shall defend, indemnify and hold City harmless from and against al1 damages, <br />cost, loss or expense for the repair, replacement, or restoration of City's property, equipment, <br /> <br />1 <br />