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<br />/ <br /> <br />KYLE AND WALKER <br /> <br />I <br /> <br />ATTORNEYS AT lAw <br /> <br />HENRY G. KYL~ <br />A1..BERT M. WA.'LKEP. <br />H. G. KYLE,m <br />ASSOOIA.TE <br /> <br />FlRST NATIONaL BANK BUILDING <br /> <br />SAN MARCOS, TEXAS <br /> <br />March 9, 1967 <br /> <br />City Council <br />City of San Marcos <br />San Marcos, Texas <br /> <br />Gentlemen: <br /> <br />I <br /> <br />You will recall that I was requested to examine the pro- <br />posed ordinance as tendered to the City by the Lower Colorado <br />River Authority. I did so, finding two points therein, the uni- <br />lateral nature of which disturbed me greatly. In my op~nLon, <br />said ordinance could well be interpreted to grant sole control <br />to the Authority as to the establishment of rates to be charged <br />for its electric power and energy. In addition, said ordinance, <br />as presently drawn, gives the City the right to terminate the <br />franchise only after the passage of ten years from whatever date <br />notification of desire to terminate be delivered to the Authority. <br /> <br />By letter of date February 6th last, I wrote to Mr. Sim <br />Gideon, the General Manager of the Authority, requesting that <br />the above-set-out rates and termination points be made bilateral <br />in nature. As to the rates, I suggested that the present lan- <br />guage of the ordinance, namely, "at the rates and under the con- <br />ditions specified in Grantee's rate schedules then applicable <br />thereto", be amended to read as follows: at the rates and under <br />the conditions specified in Grantee's rate schedules as approved <br />by the City and then applicable thereto,. As to the terminatio~ <br />I suggested that the present language of the ordinance, namely, <br />"The term of this agreement shall be extended an additional year <br />for each year in which a reduction is allowed by Authority as <br />set out above.", be amended to read as follows: The term of this <br />agreement shall be extended an additional year for each year in <br />which a reduction is allowed by Authority as set out above, un- <br />less this agreement is terminated by the City after notice de- <br />livered to the Authority at least sixty (60) days prior to the <br />end of the calendar year in which such notice is forthcoming. <br /> <br />I <br /> <br />effect <br />ments. <br />letter. <br /> <br />By letter of date February 10, 1967, Mr. Gideon replied to <br />that the Authority did not accede to said suggested amend- <br />I believe each of you gentlemen has seen a copy of said <br />