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City franchise fees in the amount and manner described herein. <br />8.2 District agrees to pay to the City quarterly during the continuance of this Franchise <br />a sum of money equal to two percent (2%) of the District's gross receipts for the preceding calendar <br />quarter received by the District from the sale of water within the corporate limits of the City. The <br />franchise fees hereunder shall be calculated for the calendar quarters ending March 31, June 30, <br />September 30, and December 31 and shall be payable on or before the fifteenth day of May, <br />August, November, and February following the qualter for which payment is made, beginning <br />with the first such date following the Effective Date of this Franchise and each August 15th, <br />November 15th, February 15th, and May 15th thereafter; provided, however, the first such <br />payment shall be prorated as necessary to reflect only those gross receipts received and <br />transportation volumes delivered by District after the Effective Date of this Franchise. In no event <br />shall the District be required to remit to the City franchise fee amounts that for any reason <br />whatsoever are not fully recoverable from its customers. Upon receipt of the above amount of <br />money, the City Clerk shall deliver to the District a receipt for such amount. If any payment due <br />date required herein falls on a weekend or bank holiday, payment shall be made on or before the <br />close of business of the first working day after the payment due date. <br />SECTION 9. ANNEXATIONS BY CITY. This Franchise shall extend to and include <br />any and all territory that is annexed by the City during the term of this Franchise. Within sixty (60) <br />days from the receipt of notice from the City of any such annexation, the District shall assure that <br />any and all customers within such annexed territory are included and shown on its accounting <br />system as being within the corporate limits of the City of San Marcos. After such sixty (60) day <br />period the payment provisions specified in Section 8 of this Franchise shall apply to gross receipts <br />and transport fees received by the District from customers located within such annexed territory. <br />District shall true -up its map of City boundaries to the City's map on an annual basis. <br />SECTION 10. NON-EXCLUSIVE FRANCHISE. Nothing contained in this Franchise <br />shall ever be construed as conferring upon the District any exclusive rights or privileges of any <br />nature whatsoever. <br />SECTION 11. COMPLIANCE AND REMEDIES. <br />11.1 In the event the District by act or omission violates any material term, condition or <br />provision of this Franchise, the City shall notify the District in writing of such violation. Should <br />the District fail or refuse to correct any such violation within thirty days from the date of City's <br />notice, the City shall, upon written notification to the District, have the right to terminate this <br />agreement. Any such termination and cancellation shall be by ordinance adopted by City Council; <br />provided, however, before any such ordinance is adopted, the District must be given at least sixty <br />(60) days' advance written notice. Such notice shall set forth the causes and reasons for the <br />proposed termination and cancellation, shall advise the District that it will be provided an <br />opportunity to be heard by City Council regarding such proposed action before any such action is <br />taken and shall set forth the time, date and place of the hearing. <br />11.2 Other than its failure, refusal or inability to pay its debts and obligations, including, <br />specifically, the payments to the City required by this Franchise, the District shall not be declared <br />