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46 Special Meeting November 7, 1983 Page 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE CODE OF ORDINANCES OF SAN MARCOS, TEXAS, BY ADDING TO ARTICLE II. SERVICE CHARGES, OF CHAPTER 30, WATER AND SEWERS AND SEWAGE DISPOSAL; A DIVISION 4, SEWERAGE SYSTEM CAPITAL RE- COVERY FEE; PROVIDING FOR AN EFFECTIVE DATE; PROVID- ING A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCE PROVISIONS; PROVIDING FOR ITS PUBLICATION; PROVIDING FOR ITS PASSAGE ACCORDING TO LAW AND DECLARING AN EFFECTIVE DATE. Mayor Craddock asked if anyone wished to speak In favor or in opposi- tion to the Ordinance. Helen Hanicak stated she thought the Ordinance had a lack of definitions. Bryan Hoot asked for clarification of re- tail outlet stores under Section 30-45. Jim Byrn asked about the tim- ing of advance payment in Section 30-49, and City Manager Gonzalez stated it would be when the Council passed the Resolution. Louis Kilgore of RADCO stated they had 19 lots in Tanglewood to develop and that the $750 capital recovery fee was too great an amount and that there was no assurance by the City for capacity. No one else wished to speak on the Ordinance, and Mayor Craddock closed the public hearing. Mr. Guerra moved for adoption of the Ordinance on third and final reading and Mr. Farr seconded the motion. Mr. Farr moved to amend Section 30-49 of the Ordinance and Ms. Kissler seconded the motion. The amendment was read into the record as follows: Add to Section 1 on first sentence . . . to reserve sewerage treat- ment capacity for "uses other than single family," he may . . . . Change the 2. to "d)". Add a subsection 2. as follows: "2. When a party wishes to secure from the City of San Marcos an advance commitment to reserve sewerage treatment capacity for single family detached dwelling unit development, he may do so provided that the following conditions are met: "a) The CRF be paid in advance at the rate of $900 per living unit equivalent; "b) The coTI'mitment given to the developer who seeks the said capa- city will not be transferable (other than as provided below) and will be in effect for a period not to exceed six (6) years from the date of the signing of the reservation by the Mayor of the City; "c) Before the commitment is granted to the party who seeks the said capacity a determination will be made by the Public Works Direc- tor that the capacity being requested is either capacity which is available at the existing treatment plants as of the effectiv~ date of this Ordinance or the capacity being requested is ca- pacity being developed as evidenced by the sale of appropriate obligations by the City for necessary sewerage system improve- men ts, or the capacity being requested is capacity available because of newly constructed sewerage system facility improve- ments. This determination will be forwarded to City Council a~ong with a description of the property where the reservation wlll be used and other appropriate information;