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Ord 1990-041
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Ord 1990-041
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Last modified
8/1/2007 4:47:53 PM
Creation date
7/23/2007 3:37:01 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Code of Ordinances
Number
1990-41
Date
6/11/1990
Volume Book
98
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<br /> -6- <br /> city the (10) days after final determination and notice <br /> of the amount of deficiency. <br /> Both the initial fee and any underpaid amount of the <br /> revised fee will be charged to the customer on the <br /> customer's utility bill as provided in this chapter. <br /> (b) Any customer assessed this impact fee may appeal the <br /> amount of the fee as provided in section 30-47. <br /> Sec. 30-49. Prepay:8ent of impact fee for advanced <br /> cO88i1:8ents on sewage trea1:8ent capacity. <br /> (a) Any person may secure from the City an advance commitment <br /> to reserve sewage treatment capacity for uses other than <br /> those described in subsection (b) under the following <br /> conditions: <br /> ( 1) The impact fee is paid in advance; <br /> (2) The commitment of capacity given will not be <br /> transferable and will be in effect for a period not to <br /> exceed six (6) years from the date of the signing of the <br /> reservation by the city manager; <br /> (3) Before the commitment is granted, a determination <br /> will be made by the public works director that the <br /> capacity being requested is available at the existing <br /> treatment plants or is being developed through the <br /> construction of new sewage system facility improvements; <br /> (4) The granting of the reservation of capacity is <br /> subject to approval by the city council by resolution <br /> authorizing the city manager to enter into a reservation <br /> agreement; <br /> (5) If the party who has been granted a reservation of <br /> capacity does not utilize the entire amount of the <br /> reservation by the time stated in the agreement, the <br /> remaining capacity will revert to the city to be used as <br /> the city determines with no refund from the city, but <br /> without prejudice to the party to reapply for another <br /> reservation subsequent to such reversion; <br /> ( 6) If the party who has been granted a reservation of <br /> capacity is ready for construction, as evidenced by a <br /> building permit with all appropriate approvals, and <br /> there still exists remaining capacity in the existing <br /> facility, the party may use such reservation to apply <br /> for and be allocated sewage capacity utilizing any <br /> portion of such reservation; and <br /> (7) Reservations for capacity are considered commitments <br /> which allocate capacity for the tim~ allowed in this <br /> section. <br /> (b) Any person may secure from the City of San Marcos an <br /> advance commitment to reserve sewage treatment capacity for <br /> single-family detached dwelling unit development, with <br /> planned construction of more than one single-family dwelling <br /> unit under the same conditions as stated in subsection (a), <br /> except that subdivision ( 6) of that subsection shall be <br /> replaced by the following condition: <br /> The reservation will be considered applied and <br /> nonrevertible to the city when the property as described <br /> in the reservation has been properly zoned, platted and <br /> developed with all required street, drainage and <br /> utilities accepted by the city and appropriate utility <br /> companies. If these improvements have been completed <br /> and accepted by the city, the reservations for capacity <br /> will be assigned by the director of public works to <br />
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