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have not been disbursed within such time, the city may refund fees collected to the <br />• depositors of any pro rata fees. If any depositor cannot be located, after reasonable <br />attempts to locate such depositors, the pro rata fees shall be transferred to the city water <br />and wastewater fund for expenditure by the city. For purposes of this section, publication <br />of notice regarding the unpaid funds or eligibility for a refund of such funds shall <br />constitute a reasonable attempt by the city to locate a person or entity_ <br />Sec. 86.015. City administrative collection fee. <br />On all pro rata fees reimbursed to the developer, the city shall deduct two percent of <br />the amount collected as an administrative collection fee. The city shall deposit <br />administrative collection fees into the city water and wastewater fund for expenditure by <br />the city. <br />SECTION 2. Sections 86.005 through 86.008 as in effect prior to the effective <br />date of this ordinance shall continue in full force and effect, but shall be renumbered <br />under a newly entitled "DIVISION 3. MISCELLANEOUS PROVISIONS" to follow <br />Division 2 as created by this ordinance. Any further renumbering to render the changes <br />implemented by this ordinance consistent with the usual and customary formatting of the <br />San Marcos City Code is also authorized. <br />SECTION 3. If any word, phrase, clause, sentence, or paragraph of this <br />ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, <br />the other provisions of this ordinance will continue in force if they can be given effect <br />without the invalid portion. <br />SECTION 4. All ordinances and resolutions or parts of ordinances or <br />resolutions in conflict with this ordinance are repealed. <br />SECTION 5. This ordinance will take effect immediately after its passage, <br />approval and adoption on second reading. <br />PASSED AND APPROVED on first reading on July 20, 2010. <br />PASSED, APPROVED AND ADOPTED on second reading on August 3, 2010. <br />Susan Narvaiz� <br />Mayor <br />Attest: Approved: <br />. Sherry shburn ichael osentino <br />City Clerk City Attorney <br />11 <br />