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• ORDINANCE NO. 2008-33 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS AMENDING CHAPTER 86, UTILITIES, ARTICLE 5, FEES, <br />CHARGES AND BILLING PROCEDURES, SECTION 86.198 OF THE SAN <br />MARCOS CITY CODE TO CREATE AN ELECTRIC TRANSFORMER <br />RECOVERY FEE FOR NEW OR UPGRADED ELECTRIC SERVICE; <br />INCLUDING PROCEDURAL PROVISIONS AND DECLARING AN <br />EFFECTIVE DATE. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br />SECTION 1. That Chapter 86, Utilities, Article 5, Fees, Charges, and Billing Procedures, Section <br />86.198, Miscellaneous Service Fees, of the San Marcos City Code is hereby amended to add thereto <br />a new subsection (h) to read as follows: <br />"(h) Effective on January 1 2009 an electric transformer cost recovery fee shall be paid for new or <br />upgraded. residential, commercial industrial or institutional electric service. The electric <br />transformer cost recovery fee shall be set at the purchase price paid by the San Marcos Electric <br />• Utility (SMEU) for each transformer. The fee will be waived if a developer furnishes, at its own <br />ex ense, transformers that meet SMEU's specifications. SMEU will become the owner of the <br />transformer at the time of installation Transformer sizing will be determined by SMEU staff or a <br />representative acting on SMEU's behalf. <br />SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be <br />unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance <br />will continue in force if they can be given effect without the invalid portion. <br />SECTION 3. All ordinances and resolution or parts of ordinances or resolutions in conflict with <br />this ordinance are repealed. <br />SECTION 4. The importance of this Ordinance creates an emergency and an imperative public <br />necessity, and the provisions of the Charter requiring that ordinances be presented at three separate <br />meetings, and that ordinances do not take effect until ten days after the date of its final passage are <br />suspended, and this Ordinance will take effect on the day following the date of publication of notice <br />of its adoption in a newspaper of general circulation within the City. <br />Approved and adopted this 16ffi day of September, 2008. <br />0