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68 ORDINANCE 1985-65 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING SECTION 30-46{1} OF DIVISION 5, WATER SYSTEM CAPITAL RECOVERY FEE, OF ARTICLE II. SERVICE CHARGES, OF CHAPTER 30 OF THE CODE OF ORDINANCES OF SAID CITY WHICH IMPOSES A CRFN ON ALL NEW CONSTRUCTION INCLUDING ADDITIONS, REMODELING OR REPLACEMENT WITHIN SAID CITY WHICH REQUIRES THE ISSUANCE OF A PLUMBING PERMIT AND/OR BUILDING PERMIT UNDER THE REGULATIONS AND ORDINANCES OF SAID CITY AND WHICH PLACES A DEMAND ON THE WATER SYSTEM ABOVE THE DEMAND IN EXISTENCE AT THE TIME OF APPLICATION FOR A BUILDING PERMIT BASED ON THE PREVIOUS USE OF THE BUILDING, BY PROVIDING THAT EXISTING LUE'S IN EXCESS OF THE LUE'S REQUIRED FOR SAID CONSTRUCTION MAY BE HELD FOR FUTURE USE ON THE SAME PROPERTY, PROVIDING FOR RETROACTIVITY FOR THIS PROVISION; AND, DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That Section 30-46(1} of Division 5. Water System Capital Recovery Fee, of Article II. Service Charges, of Chapter 30 of the Code of Ordinances of the City of San Marcos, Texas, is hereby amended to read as follows: Section 30-46. Capital Recovery Fee for New Construction (CRFN) { I} A CRFN is hereby imposed upon all new construction after the date of this ordinance, including additions, remodeling or replacement occurring within the City which require the issuance of a Plumbing Permit and/or Building Permit under the provisions of the regulations and ordinances of the City of San Marcos, and which places a demand on the wastewater system above the demand in existence at the time of application for a building permit based on the previous use of the building, save and exc ept remodeling or additions to existing residential units unless the addition contains addi tional separate kitchen facilities requiring a plumbing permit, in which event a CRFN will be made in accordance with See tion 30-44. Any existing LUE capacity in excess of the LUE's required for any new construction (i.e., additions, remodeling or replacement) on a tract or parcel may be held by the owner for future use on the same tract or parcel for two years from the date of the original LUE exchange, at which time the unused portion shall revert to the City. Excess LUE capacity may not be transferred to any other property but will remain only with the property to which it was attached on the date this ordinance first took effect until such time as it is used or it has expired, whichever comes first. The provision of this subsection ( I) pertaining to excess existing LUE capacity shall be applied retroactively to the date this ordinance first took effect. SECTION 2. That this Ordinanc e shall be in effect ten (10) days from and after its passage, and it shall be published in a newspaper of general circulation in the area as required by the Charter of the City of San Marcos, Texas.