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<br />ORDINANCE NO. 1977 - l3
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<br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS,
<br />TEXAS, FIXING RENTAL FEES TO BE PAID AND CONDITIONS AND
<br />REQUIREMENTS TO BE MEr BY THE LOWER COLORADO RIVER AUTHORITY
<br />FOR THE PRIVILEGE OF CONTINUING TO ENTER UPON AND USE THE
<br />STREETS, ALLEYS AND PUBLIC GROUNDS OF THE CITY OF SAN MARCOS
<br />FOR THE PURPOSE OF DISTRIBUTING ELECTRIC POWER AND ENERGY FOR
<br />LIGHTS, HEAT AND POWER TO THE CITY AND ITS INHABITANTS; PRO-
<br />VIDING PENALTIES FOR VIOLATION; AND PROVIDING FOR A SAVLNGS
<br />CLAUSE.
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<br />I.
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<br />BE IT ORDAINED BY THE CITY CCUNCIL OF THE CITY OF SAN MARCOS, TEXAS:
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<br />Section 1. That the purpase of this Ordinance is to fix rental fees, conditions
<br />and requirements for the periodic renewal and extension by the City Council of the
<br />City of San Marcos, Texas, to the Lower Colorado River Authority, an "electric
<br />utility", hereinafter referred to as "LCRA", of the privilege to enter upon and use
<br />the streets, alleys and public grounds of the City of San Marcos located within the
<br />corporate limits of said City as now existing or as may be hereafter extended, in
<br />order to erect, extend, operate and maintain, on, over and across said streets, alleys
<br />and public grounds, such as towers, poles, wires, mains, pipes and all other apparatus I
<br />and appliances having the purpose of distributing electric power and energy for lights.
<br />heat and power to the City and its inhabitants.
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<br />Section 2. That this Ordinance is not intended to be and is in fact not in any
<br />manner to be construed, as a franchise, but, rather, it is the unilateral and lawful
<br />exercise by a municipality af its authority to control the useage and occupation of
<br />its public streets, alleys, and grounds to the benefit of its citizens.
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<br />Section 3. That this Ordinance may be amended or repealed at any time at the
<br />discretion of the City Council of the City of San Marcos and is not exclusively
<br />applicable to LCRA, but shall apply to any electric utility.
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<br />Section 4. That for the purpose of this Ordinance, the term "electric utility" shall
<br />include any person, corporation, special district, river authority, cooperative, or
<br />any other entity of his or its 1essess, trustees, and receivers now or hereafter owninl
<br />or operating in the City any wires ,"poles , lines, conduit,lines, plant property or
<br />equipment, while using any of the streets, alleys or public grounds within the corporal
<br />limits of the City for the purpose of producing, generating, transmitting, conveying
<br />or delivering electric power for the production of light, heat or power for public
<br />use, or for use of any person, firm or copporation within the City for compensation.
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<br />Section 5. That the renewal and extension of the privilege to continue to enter upon I
<br />and use the streets, alleys and other public grounds of the City of San Marcos shall
<br />depend upon LCRA compliance with the folloWing conditions and requirements:
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<br />A. That not later than the tenth day of January, April, July and October
<br />of each year, LCRA shall as a condition to further occupancy and useage
<br />of City streets, alleys and other public grounds, render to the City a
<br />certified report of all gross receipts and revenues and pay to the City
<br />of San Marcos, Texas, a rental fee in an amount equivalent to Two Percent
<br />(2%) of said gross receipts received by LCRA during the immediately precedin'
<br />three month 'period, or "quarter", ending on the last day of the months of
<br />December, March, June and September, said gross revenues being received by
<br />LCRA for electric energy furnished to its electric customers for use within
<br />the corporate limits of the City of San Marcos, Texas, as now existing or as,
<br />hereafter extended. Said rental fee is not a tax and should not in any
<br />manner or form be construed to be other than a rental payment for the
<br />privilege to enter upon and use the streets, alleys and other public grounds,
<br />of the City of San Marcos at the discretion of the said City.
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<br />B. That for the purpose of verifyins the respective quarterly gross revenues
<br />and receipts of LCRA in regard to' establishing the quarterly rental payment
<br />amounts to be paid to the City, LCRA shall, in accordance with Staxe Law and'
<br />upon request of the City Council of the City of San Marcos, provide to said
<br />City certified information pertaining to the economics of its operations,
<br />said informationttoiinciliude, but not be limited to, wholesale and retail
<br />costs and revenues, system improvements, both existing and plannea, accounti
<br />of computations of any fuel adjustment charges to wholesale and retail
<br />consumers, cost of service studies, existing or as requested, and any other
<br />information which may be required from time to time from LCRA by the City
<br />Council of the City of San Marcos for the purpose of meeting its legal
<br />responsibilities and duties as the Governing Body of said City.
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