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<br /> 44 <br /> Lower Colorado River Authority <br /> Post Office Box 220 Austin,Texas 78767 AC 512 473.3200 <br /> June 6, 1986 <br /> AMENDMENT TO MEMORANDUM OF UNDERSTANDING <br /> This letter amends and supercedes the Memorandum of Understanding <br /> dated May 30, 1986, between S. David Freeman, General Manager of the Lower <br /> Colorado River Authority ("LCRA") and A. C. Gonzalez, City Manager of the <br /> City of San Marcos, Texas (IICityll), relating to the purchase by the City of <br /> LCRA IS electric distribution system (nSystemll) currently serving the City, <br /> which sale and purchase shall be called herein "this transaction. II <br /> 1. This transaction will be recommended for approval to the LCRA <br /> Board of Directors by its undersigned General Manager and <br /> is contingent upon the approval by the LCRA Board of Directors <br /> no later than the 26th day of June, 1986. <br /> 2. This transaction will be recommended for approval to the <br /> City Council of the City by its undersigned City Manager <br /> and is contingent upon (1) both the approval by the City's <br /> City Council and by the qualified voters of the City no later <br /> J:; ~f~j than the 9th day of August, 1986; (b) the ability of the City, <br /> in its sole discretion, to obtain reasonable terms of financing <br /> ¡fÞ\!?I/i~ of this transaction and (c) approval of the Texas Public Utility <br /> Commission and the transfer of LCRA's Certificate of Convenience <br /> and Necessity for retail service in the San Marcos District. <br /> 3. This transaction shall be effective as of September 1, 1986, <br /> subject to the conditions of closing set out in definitive contract <br /> documents to be drafted, including but not limited to a Purchase <br />