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ORDINANCE 1981-6[; 176 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING ORDINANCE NO. 1977-].3, ADOPTED MARCH 28, 1977, WHICH FIXED RENTAL FEES TO BE PAID AND CONDITIONS AND REQUIREMENTS TO BE MET BY THE LOWER COLORADO RIVER AUTHORITY FOR THE PRIVILEGE OF CONTIN- UING TO ENTER UPON AND USE THE STREETS, ALLEYS AND PUBLIC GROUNDS OF THE CITY OF SAN MARCOS FOR THE PURPOSE OF DISTRIBUTING ELECTRIC POWER AND ENERGY FOR LIGHTS, HEAT AND POWER TO THE CITY AND ITS INHABITANTS TO INCREASE SAID FEES TO FOUR PERCENT (4%) OF GROSS RECEIPTS RECEIVED BY THE LOWER COLORADO RIVER AUTHORITY; TO GRANT A TWENTY (20) YEAR FRANCHISE TO THE LOWER COLORADO RIVER AUTHORITY; SETTING A COLLECTION PATTERN FOR SAID FEES AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That section 1 of Ordinance No. 1977-13, adopted March 28, 1977, is hereby amended to read as follows: Section~l. That the purpose, of this Ordinance is to grant to the Lower Colorado River Authority the right, power and authority to erect, operate and maintain electric transmission and distribUtion lines, towers, poles, mains, pipes, transformers, substations and all other apparatus and appliances necessary or convenient to the transmission or distribution of electric power and energy, and to enter upon and to use the streets, alleys and public grounds and ways of' the City of San Marcos for such purposes within the corporate limits of the City of San Marcos, as those corporate limits now exist or as they may hereafter be extended. The Lower Colorado Ri~er Authority's use of such public streets, alleys, grounds and ways shall be consistent with other public use of such faCilities, and during construction the streets, alleys, ways and grounds shall not be unnecessarily obstructed and shall within a reasonable length of time be placed as nearly as practicable in as good condition and repair as before, at the expense of the Lower Colorado River Authority. The rights herein granted are subject to the authority of the City of San Marcos to require the Lower Colorado River Authority, at its own expense to relocate its facilities to permit the widening or straightening of streets by the City's giving 30 days' notice and specifying the new location for the facilities along the right-of-way of the street or streets. SECTION 2. That section 2 of Ordinance 1977-13 adopted March 28, 1977, is~hereby amended to read as follows: Section 2. That this franchise is hereby granted for a period of twenty (20) years. SECTION 3. That section 3 of Ordinance 1977-13, adopted March 28, 1977, is hereby amended to read as follows: Section 3. That the franchise hereby granted is not exclusive, and the City of San Marcos may grant other similar rights and privileges to any other electric utility.