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ORDINANCE NO. 2015-53 <br />AN ORDINANCE OFT E CITY COUNCIL OF THE CITY OF SAN <br />MA.R.COS, TEXAS AMENDING CHAPTER 66, TITLED SOLID <br />WASTE, OF THE CITY CODE OF ORDINANCES BY ADDING NEW <br />SECTION 66.002 TO CREATE A CLEAN COMMUNITY FEE TO BE <br />COLLECTED FROM RESIDENTS AND BUSINESSES IN THE CITY <br />TO ENHANCE THE BEAUTIFICATION AND CLEANLINESS OF <br />THE CITY; INCLUDING PROCEDURAL PROVISIONS; AND <br />ESTABLISHING AN EFFECTIVE DATE. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS: <br />SECTION 1. A Clean Community Fee is hereby established to be used to enhance the <br />beautification and cleanliness of the City by providing services related to litter and nuisance <br />abatement as authorized by Chapter 342 of the Texas Health and Safety Code. <br />SECTION 2. The City shall apply a residential rate of $1.00 to each residence in the City <br />where a City operated utility service is active including water, wastewater, electric, drainage or <br />solid waste, whether or not the residence is occupied. For a multi - family complex with a utility <br />account serving more than one residence, the City shall multiply the residential rate by the <br />number of residential units. <br />SECTION 3. The City shall apply a commercial rate of $5.00 to each non - residential, <br />commercial property in the City where a City operated utility service is active including water, <br />wastewater, electric, drainage or solid waste, whether or not the property is completely or only <br />partially occupied. If a utility account serves more than one business, the City shall multiply the <br />commercial rate by the number of tenants that may occupy the building. <br />SECTION 4. The proceeds from the rates charged under this section will be appropriated <br />through the annual budget process for activities and programs contributing to the beautification <br />and cleanliness of the City that may include, but are not limited to, litter and nuisance abatement, <br />street cleaning, mowing and landscaping, dead animal removal, and building improvement grant <br />programs. <br />SECTION 5. The provisions of Sections 1 through 4 of this ordinance shall be codified <br />in a new Section 66.002 of the San Marcos City Code. <br />SECTION 6. The fees will be charged beginning January 1, 2016. <br />SECTION 7: If any word, phrase, clause, sentence, or paragraph of this ordinance is <br />held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of <br />this ordinance will continue in force if they can be given effect without the invalid portion. <br />SECTION 8: All ordinances and resolutions or parts of ordinances or resolutions in <br />conflict with this ordinance are repealed. <br />