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<br />223
<br />
<br />C. That LCRA shall, through its, di-stribution lines, furnish and continue
<br />to furnish electric power and energy to City for private use by its
<br />inhabitants, individually and for use by the City in providing the
<br />inhabitants of City the following essential services: water supply,
<br />sewerage disposal, lighting of thoroughfares, public parks, and traffic
<br />signals; at the 'rates and under the conditions specified in rate
<br />schedules then applicable thereta, as duly passed and adopted by
<br />separate ordinance of the City Council of the City of San Marcos.
<br />
<br />D. That all LCRA poles, wires, mains, pipes and other apparatus and applian-
<br />ces shall be erected, placed ar laid in such places and manner as will
<br />be consistent with what is necessary or convenient, and with public safetyl
<br />and so as to least interfere with ather public uses af public streets,
<br />alleys and public grounds, and said streets shall not be unnecessarily .
<br />obstructed and shall within a reasonable length of time be placed as
<br />nearly as practicable in as good condition and repair as before so
<br />obstructed, at the expense of LCRA.
<br />
<br />E. That within the streets, alleys and other public grounds of the City
<br />of San Marcos, the location and route of all poles, wires, mains, pipes
<br />and other apparatus and appliances placed and constructed and to be
<br />placed and constructed by LCRA in the construction and maintenance of
<br />its electrical lighting add power system within the corporate limits of
<br />said City, as now existing ar hereafter extended, shall be subject to
<br />the reasonable and praper regulatian, control and directian of the City,
<br />or of a City official to whom such duties have been duly delegated, which
<br />regulation and control shall include, but not be limited to the right to
<br />require the relocation of LCRA facilities at LCRA expense within the streets,
<br />alleys ar ather public grounds whenever such shall be reasonabl~ necessary
<br />because of widening, change of grade, relocation, or other City construction
<br />within such streets, alleys or other public grounds.
<br />
<br />F. That LCRA shall, by continuing to exercise its privilege, protect and hold
<br />City harmless against all claims for damages or demands for damages to
<br />any person or property by reason of the construction and maintenance of
<br />its electrical lighting and pawer system, or in any way growing out af
<br />its privilege to use and occupy City streets, alleys and public grounds, I
<br />either directly or indirectly, or by reason of any act, negligence, or
<br />nonfeasance of the contractors, agents or employees of LCRA and shall,
<br />by continuing to exercise its privilege, indemnify and hold the City of
<br />San Marcos harmless from and on account of all damages, costs, expenses,
<br />acti'ons, and causes of action that may accrue to or bebbtmught by any
<br />person, persons, corporation or corporations at any time hereafter by
<br />reason of the exercise of said privilege.
<br />
<br />G. That LCRA, its employees and agents, shall comply in all respects with
<br />requirements lawfully imposed by State and Federal Law or by ordinance
<br />of the City Council of the City of San Marcos.
<br />
<br />Sectijjn 6. That LCRA, its local manager, or agent, upon the failure or refusal
<br />of LClut ta pay the respective quarterly rental payment to the City no later than
<br />the tenth day of January, April, July or October, and upon the continuing occupa-
<br />tion and use of streets', alleys and public grounds of the City without said payment,
<br />shall be in violation of this Ordinance and upon conviction thereof in the Municipal
<br />Court of the City of San Marcos, shall be guilty of a misdemeanor and shall be sub-
<br />ject to a fine not to exceed Two Hundred Dollars ($200.00), with each separate day
<br />af violation of this provision cbnstitutingta separate offense. Prosecution or
<br />conviction under this provision shall never be a bar to any other remedy or relief,
<br />either in law or in equity, far vialations of the provisions of this Ordinance.
<br />
<br />Section 7. If any section, paragraph, subdivision, clause, phrase or provision I
<br />of this Ordinance shall for any reason be held to be invalid or unconstitutional, ,.
<br />the same shall not affect the validity of this Ordinance as a whole or any part
<br />or provision thereof.other than the part so adjudged to be invalid or uncanstitu-
<br />t ional.
<br />
<br />PASSED AND APPROVED on first reading February 28, 1977.
<br />
<br />PASSED AND APPROVED on second reading March 14, 1977.
<br />
<br />A'lTEST:
<br />
<br />March 28;; p-1-< _
<br />
<br />/~~..
<br />
<br />Emmie Craddock
<br />Mayor
<br />
<br />APPROVED:
<br />
<br />~.fL-
<br />
<br />PASSED, APPROVED AND ADOPTED
<br />
<br />;J~~~
<br />
<br />Doriss Hambrick
<br />City Secretary
<br />
<br />City Attorney
<br />
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