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<br />RESOLUTION NO. 1977-4-R <br /> <br />164 <br /> <br />I <br /> <br />A RESOLUfION OF THE CITY COUNCIL OF THE CITY <br />OF SAN MARCOS, TEXAS, A CITY DULY AND LEGALLY <br />INCORPORATED AS A HOME RULE CITY UNDER THE LAWS <br />OF THE STATE OF TEXAS, EXPRESSING THE INI'ENr TO <br />ElITEND TO THE LOWER COLORADO RIVER AUTHORITY, AN <br />AGENCY OF THE STATE OF TEXAS, ITS SUCCESSORS AND <br />ASSIGNS, THE FRANCHISE FOR THE DISTRIBUfION OF <br />ELECTRIC POWER AND ENERGY WIlliIN THE CORPORATE <br />LIMITS OF THE CITY OF SAN MARCOS WHICH WAS DULY <br />PASSED AND ADOPTED ON THE 24th DAY OF APRIL, 1967, <br />Willi CEJttAIN SPECIFIED CONDITIONS TIffiREIN AND <br />PRIVILEGES INCIDENT TIlERETO TO BE }.UDIFIED BY lliIS <br />COUNCIL SO AS TO }.URE ACCURATELY REFLEcr PRESENT STATE <br />LAW AND THE TRADITIONAL SCOPE OF AUlliORITY RETAINED BY <br />THE GOVERNING BODY OF THE CITY OF SAN MARCOS IN SUCH <br />MATIERS: SAID NEW MJDIFIED FRANCHISE AGREEMENT TO BE <br />IN RJLL FORCE AND EFFEGr ONLY DURING THE PERIOD <br />JANUARY 1, 1977 TO JANUARY 1, 1978; AND AUTHORIZING <br />THE CITY MANAGER OF THE CITY OF SAN MARCOS, TEXAS, <br />TO PREPARE SAID }.UDIFIED FRANCHISE AGREEMENI' IN AND <br />ON BEHALF OF THE CITY OF SAN MARCOS, TEXAS. <br /> <br />WHEREAS, the City COlmcil of the City of San Marcos is concerned about the <br />present lUlcertainty within the State Law regarding utility regulation; and <br /> <br />WHEREAS, the City COlUlcil of the City of San Marcos is opposed to <br />legislative enactments which tend to diminish the traditional right of a ci~, <br />to control the use of its own streets, alleys and other public ways; and <br /> <br />. <br /> <br />WHEREAS, the City COlUlcil of the City of San Marcos possesses the power, <br />by ordinance, to grant, renew, or amend all franchises for the distribution of <br />electric power and energy within the corporate limits of the City of San Marcos; <br />and <br /> <br />WHEREAS, the City eOlUlcil of the City of San Marcos desires to extend the <br />present franchise as modified by the COlUlcil to the Lower Colorado River Authority <br />only lUltil Januaryll, 1978; now, therefore <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF SAN MARCOS, TEXAS: <br /> <br />Part 1. That the City COlUlcil of the City of San Marcos, Texas, hereby <br />expresses its intent to extend to the Lower Colorado, River Authority, an agency <br />of the State of 'fexas, its successors and assigns, a franchise for the distribution <br />of electric power and energy within the corporate limits of the City of San Marcos. <br /> <br />Part 2. That said franchise be an extension of that franchise which was <br />duly passed and adopted on the 24th day of April, 1967, with certain specified <br />conditions therein and prdtvi:\.eges' incident thereto to be modified by this COlUlcil <br />so as to JlX)re accurately reflect present state law and the traditional SCOpl~ <br />of authority retained by this governing body in such matters. <br /> <br />Part 3. That the City Manager, Mr. James B. Baugh, or his successor, he <br />and is hereby, authorized to prepare same in and on behalf of the City of <br />San Marcos, Texas. <br /> <br />I <br /> <br />Part 4. That this Resolution shall become effective inm1ediately from and <br />after its passage. <br /> <br />p~ ~ ~~ nus ='- MY (OfC {il.,.,:,AoDo. "" 0 <br />Amr: - ~~ Dr. Enunie Craddock ~ <br />~~rick , City Secretary <br /> <br />~p NED' 4~ <br />~' ~b~ <br />arles E. Evans, City Attorney <br />