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Ordinance 2013-413
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Ordinance 2013-413
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Last modified
12/18/2013 4:55:03 PM
Creation date
12/12/2013 10:16:24 AM
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CityClerk-Ordinances
Ordinance Number
2013-413
Date (mm/dd/yyyy)
10/17/2013
Description
Natural Gas Franchise Agreement
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SECTION 16: TERMINATION BY CITY <br /> Violation by the Company of any of the covenants, terms, and conditions hereof, or default <br /> by the Company in observing or carrying into effect any of said covenants, terms and conditions, <br /> shall authorize and empower the City to declare a termination of this Franchise Agreement; <br /> provided, however, that before such action by the City shall become operative and effective, the <br /> Company shall have been served by the City with a written notice setting forth all matters pertinent <br /> to such violation or default, and describing the action of the City with respect thereto, and the <br /> Company shall have had a period of sixty (60) days after service of such notice, or, in the event <br /> such cure reasonably requires a period of more than sixty (60) days, sixty (60) days to present a <br /> plan,reasonably satisfactory to the City,to effect such cure;and provided further that any violation <br /> or default resulting from a strike, a lockout, an act of God, or any other cause beyond the control <br /> of the Company shall not constitute grounds for termination. <br /> SECTION 17: CHANGES IN PROVISIONS HEREOF <br /> Changes in the terms and conditions hereof may be made by written agreement between <br /> the City and the Company. <br /> SECTION 18: SEVERABILITY; CHANGE IN LAW <br /> (A) If any section, part of a section, paragraph, sentence, or clause of this Ordinance <br /> shall be adjudged by a court of competent jurisdiction to be invalid, such decision shall not affect <br /> the validity of any other portion hereof,but shall be restricted and limited in its operation and effect <br /> to that specific portion hereof involved in the controversy in which such decision shall have been <br /> rendered; provided, however, that should elimination of the specific portion of the Franchise <br /> Agreement adjudged to be invalid result in significant adverse consequences to a party, then that <br /> party may terminate this Franchise Agreement by providing thirty (30) days written notice to the <br /> other party. <br /> 9 <br />
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