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<br />~ -=r --'" <br />~'c:j 'g: ~ ê <br />¡¡"¡¡.x - ---~ <br />gu g - œ::E ORDINANCE 1994- 85 49 <br />!",~_<.> - <:..:> 'ã <br />..... <:> ~ ...u t7) <br />i.ü3.~ c ~ 'õ AN ORDINANCE OF THE OITY COUNCIL AMENDING ORDINANCE 1994-42 <br />to' -:l C' ü~ REGARDING SEWER SURCHARGE FEES TO REVISE THE SAMPLING <br />Q~í w: ð ê PROCEDURE REQUIREMENTS; PROVIDING FOR SEVERABILITY; <br />g ~ ~ ~ REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A <br />~,~ " ~~ PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN <br />_:~I;-, õ EFFECTIVE DATE. <br />W~ ~ f::j!! <br />t .;¡ 13É?-IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />SECTION 1. That Section 3(d)(2) and (3) of Ordinance 1994-42 are amended to read <br />as follows: <br /> <br />-- -:r .m (2) Provided that the user's laboratory result for COD is within twenty percent of <br />a~ ~ ~ ~ the City's laboratory result, the lower reading of the two sample results will be <br />U1 g =-. ~: used for surcharge detennination. If the difference in results between the two <br />~ ~ (',.~ ~ ~ samples exceeds twenty percent, a portion of the original sample will be <br />~~~ é5 r= ; submitted by the City to a third laboratory and the result obtained will be used <br />~;'4 -- ê3~ for surcharge calculation. <br /> <br />(3) A request for re-sampling must be submitted by a user in writing to the Director <br />of Public Works. The user will be charged a $75.00 fee for re-sampling. Re- <br />sampling will only be performed if the user has modified or installed new, <br />permanent pretreatment facilities, or if the user has made.a significant change <br />in process operations as described in the request for resampling. <br /> <br />SECTION 2. In order to allow users the opportunity to make changes in operations and <br />install pretreatment facilities, the charging of surcharges is delayed for a period of six <br />months after the effective date of this ordinance, and will not begin until expressly <br />authorized by City Council action. <br /> <br />SECTION 3. That if any word, phrase, clause, sentence, or paragraph of this ordinance <br />is held to be unconstitutional or invalid by a court of competent jurisdiction, the remaining <br />provisions of this ordinance shall remain in effect as if the unconstitutional or invalid portion <br />had not been adopted. <br /> <br />SECTION 4. That all ordinances and resolutions or parts of ordinances or resolutions <br />in conflict herewith are hereby repealed. <br /> <br />SECTION 5. That any person violating any provision of this ordinance shall be deemed <br />guilty of a misdemeanor and upon conviction shall be subject to the penalty provided in <br />Section 1-5 of the San Marcos Code of Ordinances. <br /> <br />SECTION 6. That this Ordinance shall be in effect ten (10) days from and after its <br />passage, and it shall be published in a newspaper of general circulation in the area as <br />required by the Charter of the City of San Marcos, Texas. <br /> <br />PASSED AND APPROVED on first reading October 24, 1994. <br /> <br />PASSED AND APPROVED on second reading November 14, 1994. <br /> <br />PASSED. APPROVED AND ADOPTE\ November 28. 1994. <br /> <br />~rr~)\ . ~ <br />~~Lst: Mayor <br />I >j;tlm1;) ~ðiøMd) <br /> <br />Janis K. Womack <br />City Secretary <br /> <br />Approved: <br />~V3.~ <br /> <br />Mark B. TaylO; ()- <br />City Attorney <br /> <br />PUBLISHED IN THE SAN MARCOS DAILY RECORD, THURSDAY, DECEMBER 1, 1994. <br />