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• ORDINANCE NO. 2011 - 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING SECTION 86.197 OF THE SAN MARCOS CITY CODE AUTHORIZING A UTILITY DEPOSIT WAIVER FOR UNITED STATES ACTIVE DUTY MILITARY AND UNITED STATES MILITARY VETERANS WHO MEET CERTAIN CRITERIA; INCLUDING PROCEDURAL PROVISIONS; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. The City wishes to encourage United States Military personnel on active duty and United States Military Veterans to live in San Marcos; and 2. The Finance and Audit Committee has recommended that utility deposits be waived for new utility accounts veteran; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Chapter 86, Section 86.197(b) of the San Marcos City Code is amended as follows (underlininiz indicates added text, str-ik eugh indicates deleted text): The requirement for a deposit shall be waived if: (1) The applicant meets all of the following: a. Has been a city utility service customer within the last 24 months, had that service for a minimum of one year, and is now applying for a similar service; and b. During the last 12 consecutive months of service, did not have any occasion in which a bill for service was paid after becoming delinquent, or service was disconnected for nonpayment, or a check or bank draft was returned because of insufficient funds, account closed, or no account. (2) The applicant is applying for electric service pursuant to Rate Schedules LGS -Sec or LGS -Pri (large general service with monthly billing demands in excess of 500 kilowatts) and provides the city with an irrevocable letter of credit from a bank or lending institution approved by the city in the same amount as would be required for a cash deposit. The letter of credit must be in a form, approved by the city attorney and must contain a provision that any litigation concerning the letter of credit must be in Hays County, Texas; or