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<br />69 <br /> <br /> <br /> <br />ORDINANCE 1990-41 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <br />OF SAN MARCOS, TEXAS APPROVING AND ADOPTING A <br />CAPITAL IMPROVEMENTS PLAN AS A BASIS FOR THE <br />IMPOSITION OF IMPACT FEES; AMENDING PORTIONS <br />OF CHAPTER 30 OF THE SAN MARCOS CODE OF <br />ORDINANCES PERTAINING TO THE CALCULATION, <br />ASSESSMENT AND COLLECTION OF WATER AND SEWAGE <br />SYSTEM CAPITAL RECOVERY FEES TO MAKE REFERENCE <br />TO WATER AND SEWAGE SYSTEM IMPACT FEES; <br />AMENDING THE AMOUNTS OF THESE FEES; PROVIDING <br />FOR CALCULATION OF THESE FEES BASED UPON <br />SERVICE UNITS RATHER THAN LIVING UNIT <br />EQUIVALENTS; PROVIDING FOR SEVERABILITY; <br />REPEALING ALL CONFLICTING ORDINANCES; <br />PROVIDING A PENALTY; PROVIDING FOR PUBLICATION <br />AND PROVIDING AN EFFECTIVE DATE. <br /> <br /> <br />WHEREAS, the City Council has adopted the Land Use <br />Assumptions contained in the attached Capital Improvements <br />Committee's Report and Recommendations for Impact Fee Compliance <br />(the "Report") to serve as the basis for a Capital Improvements <br />Plan and the imposition of impact fees under Chapter 395 of the <br />Texas local Government Code; and <br /> <br />WHEREAS, the Report contains a proposed Capital Improvements <br />Plan, and a recommendation for the imposition of water and sewer <br />service impact fees in the amounts of $363.00 and $527.00 per <br />service unit, respectively; and <br /> <br />WHEREAS, a public hearing on the approval and adoption of the <br />Capital Improvements Plan and the imposition of impact fees was <br />held by the City Council on May 21 , 1990, at which <br />any member of the public had the right to appear and present <br />evidence for or against the plan and proposed fees; now, <br />therefore, <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br /> <br />SECTION 1. That the Capital Improvements Plan contained in <br />the Report is hereby approved and adopted to serve as the basis <br />for imposition of impact fees by the City. <br /> <br />SECTION 2. That Division 4 of Chapter 30 of the San Marcos <br />Code of Ordinances is hereby amended to read as follows: <br /> <br />DIVISION 4. SEWAGE SYSTEM IMPACT FEE <br /> <br />See. 30-40. Purpose of charge. <br /> <br />The intent of the sewage system impact fee is to recover the <br />costs of construction of sewage treatment and major sewage <br />collection works as provided in Chapter 395 of the Texas <br />Local Government Code. These fees shall be applied as <br />provided in Section 30-50 of this division to the payment of <br />such construction costs in the manner the city deems <br />necessary and appropriate. <br /> <br />See. 30-41. Definitions. <br /> <br />(a) The following definitions shall apply to this division: <br /> <br />(1) Addition. An extension or increase in floor area or <br />height of an existing building or structure. <br /> <br />(2) ßar. A structure where alcoholic beverages are sold for <br />on.-premises consumption. <br /> <br />(3) Building permit. Any permit issued by the building <br />inspection officer under Chapter 5 of the Code or <br />Ordinances of the City of San Marcos, as amended. <br /> <br />(4) City. City of San Marcos. <br />