Laserfiche WebLink
<br /> TIMOTHY J. HERMAN, P. C. <br /> ATTORNEY AT LAw unu( en OF rm <br /> 522 FIRST FEDERAL PLAZA ; i,J ~~.:::,qCOS n <br /> AUSTIN. TEXAS 78701 Ù L2 r¡-:=: F:2 O';ViUd LW <br /> '-" 1...::::, .~-:., ." '/ ,--,.J <br /> (512) 474-7300 AO.\lINISTHATiòN <br /> TIMOTHY J. HERMAN ROBERT D. SPELLINGS <br /> February 14, 1985 FES 1 9 1985 <br /> Mr. A. C. Gonzalez <br /> City Manager <br /> City of San Marcos <br /> San Marcos City Hall <br /> San Marcos, Texas 78666 <br /> Re: Sewerage Capacity - Allocation <br /> Dear Mr. Gonzalez: <br /> I appreciate your soliciting input of interested parties <br /> regarding the allocation of existing and future sewerage capacity <br /> by the City of San Marcos. Pursuant to your suggestion, I am <br /> setting forth herein a suggested method of allocation which I <br /> believe appropriately balances the competing interests and provides <br /> for an equitable allocation of LUE's by the City. Severalobserva- <br /> tions are, I believe, necessary predicates to any program: <br /> (A) If the City constructs package plants 3,4, and 5, ther e <br /> will be no shortage of LUE's in San Marcos for the forseeable <br /> future, whether or not any additional discharge capacity is <br /> permitted by the Texas Department of Water Resources; <br /> (B) The priority placement of the first 2,000 LUE's should <br /> not be disturbed, as those who have put up their money are entitled <br /> to a continuity of enforcement and interpretation by the City; <br /> (C) It should be recognized that 2,400,000 g.p.d. translates, <br /> in my opinion, into substantially more than 7,000 LUE's; <br /> (D) It is essential that available capacity be utilized by <br /> those who have endured the development process up to the permitting <br /> stage and that the withholding of available LUE's should not be <br /> utilized by the City as a growth control tool. <br /> I, on behalf of several clients actively interested in the <br /> resolution of this problem, respectfully suggest that the City <br /> finance plants 3,4, and 5 and that future LUE availability be <br /> allocated on a "first come, first serve" basis. Further, the <br /> existing holders of LUE's in Plants 1 and 2 which cannot use the <br /> LUE's be given the option of conveying the LUE's without premium <br /> other than cost, plus carrying or interest costs incurred since <br /> the draw down of the letters of credit. Alternately, if the City <br /> refuses to fund the additional package plants, then adopt a modi- <br /> fied "tier" approach. Allocate the LUE's in plants 3,4, and 5 <br />