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ORDINANCE 1984-80 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE CODE OF ORDINANCES OF SAN MARCOS, TEXAS BY ADDING TO CHAPTER 30, WATER AND SEWERS AND SEWAGE DISPOSAL, ARTICLE II. SERVICE CHARGES, A NEW ~ DIVISION 5, WATER SYS1'EM CAPITAL RECOVERY -::. FEE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCE PROVISIONS; PROVIDING FOR ITS PUBLICA'rION; AND PROVIDING FOR ITS PASSAGE ACCORDING TO LAW. WHEREAS, the City Council of the City of San Marcos, Texas has determined that the existing water facilities of the City of San Marcos producing safe and potable water for the citizens of San Marcos must be upgraded, and, WHEREAS, the City Council of the City of San Marcos, Texas has determined that in order to provide for the future growth of San Marcos additional water facilities will have to be constructed, and WHEREAS, the City Council has considered the total cost of making such improvements and the information presented regarding ~lich segments of the co~TIunity are responsible for which amounts of the additional cost to be incurred, and WHEREAS, the City Council has determined that new development should bear its share of the cost of improvements and that existing development should bear its share of the cost of improvements, and WHEREAS, the City Council has determined, based on the information presented to it, that the provisions of this Ordinance as ordained below accomplish the Council's goal as expressed above; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That the Code of Ordinances of the City of San Marcos, Texas is hereby amended by adding to Article II. Service Charges of Chapter 30, Water and Sewers and Sewage Disposal, a Division 5, Water System Capital Recovery Fee, which shall read as follows: DIVISION 5. WATER SYSTEM CAPITAL RECOVERY FEE Section 30-40. Purpose of Charge. The intent of the water system capital recovery fee shall be to recover the costs of construction of water production, storage and distribution works as described in the City of San Marcos Water System Study (Feb.1983), to the extent permitted by and in compliance with the ordinances authorizing the City's outstanding waterworks and sewer system revenue bonds and obligations issued to be payable in whole or in part from the revenues of the City's waterworks and sewer system. Said fees shall be applied as provided in Section 30-50 of this Ordinance; and the City of San Marcos Water System Capital Improvement Fund provided in Section 30-50 shall be applied by the City to the payment of such construction costs as and in the manner the City from time to time deems necessary and appropriate.