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of impervious cover on the property by 2,250 square feet. The determination of residential category applicable to condominiums and multi-family units is determined by dividing the total square footage of each property by the total number of residential units on each property. SECTION 5. The drainage charges contained in this ordinance are to be phased in over a three year period. Drainage charges are set at one-third (1/3) of the regular rate set in Section 4 above in year one, two-thirds (2/3) of the regular rate in year two, and full regular rate in year three and thereafter. SECTION 6. Drainage charges will be billed to the utility customer for water and/or wastewater service to a property. SECTION 7. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 8. All ordinances and resolution or parts of ordinances or resolutions in conflict with this ordinance are repealed. SECTION 9. Any person violating any provision of this ordinance commits a misdemeanor and is subject to the penalty provided in Section 1.015 of the San Marcos City Code upon conviction. SECTION 10. This Ordinance will take effect 10 days after the date ofits final passage, and the City Secretary will publish notice of its adoption in a newspaper of general circulation in the City PASSED AND APPROVED on first reading Augus t 23, 1999. PASSED AND APPROVED on second reading September 13, 1999. PASSED, APPROVED AND ADOPTED September 27, 1999. ~<f. ~ Billy G. Moore Mayor ~tte t: .v/;; / / .. / /j/n/vlc;5},2l(J{!nwP J ~s K. W~rback City Secretary Approved: fJcr- ~. Mark B. Taylor City Attorney PUBLISHED IN THE SAN MARCOS DAILY RECORD, WEDNESDAY, SEPTEMBER 29, 1999. 1999-07-21 DRAINRATE.ORD.wpd Page 2