Ord 1990-041 - Laserfiche WebLink

Home Browse Search

-12- in effect for a period not to exceed six (6) years from the date of the signing of the reservation by the city manager; (3) Before the commitment is granted, a determination will be made by the public works director that the capacity being requested is available by existing well sites or is being developed through the construction of new water system facility improvements; ( 4) If the party who has been granted a reservation of capacity is ready for construction, as evidenced by a building permit with all appropriate approvals, and there still exists remaining capacity in the existing facility, the party may use such reservation to apply for and be allocated sewage capacity utilizing any portion of such reservation; and (5) The granting of the reservation of capacity will be subject to approval by the city council by resolution authorizing the city manager to enter into a reservation agreement; and, ( 6) If the party who has been granted a reservation of capacity does not utilize the entire amount of the reservation by the time stated in the agreement, the remaining capacity will revert to the city to be used as the city determines with no refund from the city to the party with the reservation, but without prejudice to the party to reapply for another reservation subsequent to such reversion. (b) Any person may secure from the City of San Marcos an advance commitment to reserve water production capacity for single-family detached dwelling unit development, with planned construction of more than one single-family dwelling unit under the same conditions as stated in subsection (a), except that subdivision (4) of that subsection shall be replaced by the following condition: The reservation will be considered applied and nonrevertible to the city when the property as described in the reservation has been properly zoned, platted and developed with all required street, drainage and utilities accepted by the city and appropriate utility companies. If these improvements have been completed and accepted by the city, the reservations for capacity will be assigned by the director of public works to individual lots in the development and will run with the land and not be severable. Sec. 30-70. Water impact fee fund. All amounts collected under this division shall deposited to the water and sewer system revenue fund as revenue arising from the operation or ownership of the city's waterworks and sewer system. Surplus funds remaining in the revenue fund at the end of each month not exceeding the total amount of water impact fees deposited that month to the revenue fund, shall be deposited to a fund, separate and apart from the revenue fund and all other funds of the city, to be designated as "City of San Marcos Water System Capital Improvement Fund." This fund shall be established and maintained at an official depository bank of the city and shall be used for the purposes stated in section 30-60. SECTION 4. That 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 remaining provisions of this ordinance shall remain in effect as if the unconstitutional or invalid portion had not been adopted.