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ORDINANCE NO. 2021-25
<br />AN ORDINANCE GRANTING TO MAXWELL SPECIAL UTILITY
<br />DISTRICT, FORMERLY MAXWELL WATER SUPPLY CORPORATION,
<br />THE RIGHT, PRIVILEGE AND FRANCHISE TO CONSTRUCT,
<br />INSTALL, EXTEND, REMOVE, REPLACE, ABANDON, OPERATE AND
<br />MAINTAIN ITS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY
<br />OF THE CITY OF SAN MARCOS, TEXAS FOR THE
<br />TRANSPORTATION, DELIVERY, SALE AND DISTRIBUTION OF
<br />POTABLE WATER; CONTAINING OTHER PROVISIONS RELATING
<br />TO THE FOREGOING SUBJECT; PROVIDING FOR SEVERABILITY;
<br />INCLUDING PROCEDURAL PROVISIONS; PROVIDING FOR
<br />APPROVAL ON THREE READINGS OF THE ORDINANCE; AND
<br />PROVIDING AN EFFECTIVE DATE.
<br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS,
<br />TEXAS:
<br />SECTION 1. GRANT OF AUTHORITY. Subject to the terms. conditions and provisions
<br />of this ordinance, the right, privilege and franchise is hereby granted to Maxwell Special Utility
<br />District, to construct, install, extend, remove, replace, abandon, operate and maintain its facilities
<br />within the Public Rights -of -Way of the City of San Marcos, Texas for the transportation, delivery,
<br />sale and distribution of potable water within the corporate limits of the City of San Marcos, as the
<br />same are now and as the same may from time to time be extended. This ordinance may be
<br />referred to hereinafter as "this ordinance" or "this "Franchise."
<br />SECTION 2. DEFINITIONS.
<br />2.1 "City" shall mean the City of San Marcos, Texas, a home -rule municipal
<br />corporation.
<br />2.2 "District'' shall mean Maxwell Special Utility District, formerly known as Maxwell
<br />Water Supply Corporation, a Texas special utility district established pursuant to applicable
<br />provisions of the Texas Water Code. District does not mean any other assignee, business
<br />organization, entity or person, any of which shall have no right, privilege or franchise granted
<br />hereunder.
<br />2.3 "Emergency Operations" means operations or repairs of facilities to prevent
<br />imminent harm to the health, safety, or welfare of persons or property.
<br />2.4 "Facilities" shall mean pipes, pipelines, water mains, laterals, feeders, regulators,
<br />meters, fixtures, connections and attachments and other associated equipment and appurtenances,
<br />used in or incident to providing transportation, distribution, supply and sales of potable water to
<br />serve retail customers of District.
<br />2.5 "Gross Receipts" shall mean all amounts received by the District from the sale of
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