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SECTION 4. That section 5 of Ordinance 1977-13, adopted <br />March 28, 1977, is hereby amended to read as follows: <br /> <br /> Section 5. That no later than the tenth day of <br />January, April, July and October of each year the <br />Lower Colorado River Authority shall pay to the <br />City of ~San Marcos~ TeXas, four percent (4%) of its <br />gross receipts from sales of electricity to res- <br />idents of the City of San Marcos as a franchise fee. <br /> <br />ne <br /> <br />Under the Lower Colorado River AuthOrity's <br />presently effective tariffed rates, two <br />percent (2%), or ~ of the four percent (4%) <br />franchise fee, is included in the Lower <br />Colorado River Authority's retail rates over <br />and above the Lower Colorado River Authority's <br />cost of service. The remaining 2%, or ½ of the <br />4% franchise f~e, sha!l be cOllecte~ as a <br />separately identified surcharge to the bills <br />of the residents of the City of San Marcos. <br /> <br />Should said collection pattern be changed <br />during the term of this franchise by any <br />regulatory authority with putative power <br />to do so, the City of San Marcos and the <br />Lower Colorado River Authority shall nego- <br />tiate with each other to establish a method <br />of collection of the four percent (4%) <br />franchise fee. <br /> <br />Ce <br /> <br />That for the purpose of verifying the <br />respective quarterly gross revenues and <br />receipts of Lower Colorado River Authority <br />in regard to establishing the quarterly <br />franchise fee payments to be paid to the <br />City, Lower Colorado River Authority shall, <br />in accordance with State Law and upon re- <br />quest of the City Council of the City of San <br />Marcos, provide to said City certified <br />information pertaining to the economics of <br />its operations, said information to include, <br />but not be limited to, wholesale and retail <br />costs and revenues, system improvements, both <br />existing and planned, accounting of computa- <br />tions of any fuel adjustment charges to whole- <br />sale and retail consumers, cost of service <br />studies, existing or as requested, and any <br />other information which may be required from <br />time to time from Lower Colorado River Authority <br />by the City Council of the City of San Marcos <br />for the purpose of meeting is legal responsibil- <br />ities and duties as the Governing Body of said <br />City. <br /> <br />De <br /> <br />That Lower Colorado River Authority shall, <br />through its distribution lines, furnish and <br />continue to furnish electric power and energy <br />to City for private use by its inhabitants, <br />individually and for use by the City in pro- <br />viding the inhabitants of City the following <br />essential services: water supply, sewerage <br />disposal, lighting of thoroughfares, public <br />parks, and traffic signals; at the rates and <br />under the conditions specified in rate schedules <br />%hen applicable thereto, as duly passed and <br />adopted by separate ordinance of the City <br />Council of the City of San Marcos. <br /> <br />Ee <br /> <br />That Lower Colorado River Authority shall, by <br />continuing to exercise its franchise, protect <br />and hold City harmless against all claims for <br /> <br /> <br />