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ORDINANCE NO. 2011. 5 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING CHAPTER 86, UTILITIES, ARTICLE 5, FEES, CHARGES AND BILLING PROCEDURES, SECTION 86.198 OF THE SAN MARCOS CITY CODE TO CREATE AN ELECTRIC TRANSFORMER RECOVERY FEE FOR ELECTRIC TRANSFORMER UPGRADES; INCLUDING PROCEDURAL PROVISIONS AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Chapter 86, Utilities, Article 5, Fees, Charges, and Billing Procedures, Section $6,198, Miscellaneous Service Fees, subsection (h) of the San Marcos City Code is hereby amended to read as follows (underlining indicates added text; *16kethfough indicates deleted text): W Effective on January 1, 2009, an electric transformer cost recovery fee shall be paid for new or upgraded residential, commercial, industrial, or institutional electric service. The electric transformer cost recovery fee shall be set at the purchase price paid by the San Marcos Electric Utility (SMEU) for each new transformer, In _the _ease of 0-transformer up ' arade. which is defined to be replacement of existing transformers with a higher capaciftytrans former to sup ply greater loads (due to remodeline. redevelopment or other changes creating a need ibiv additional en er-g-y- _ca_pa_citv_)_. the _e1_e__c_tr____ ic - transformer cost recovery fee shall be set at the difference of the purchase price paid by S_ MEU for the new transformer and the value of the trans beinarem-ove-d. The fee will be waived if a developer furnishes, at its own expense, -- transformers that meet SMEU's specifications, SMEU will become the owner of the transformer at the time of installation, Transformer sizing will be determined by SMEU staff or a representative acting on SMEU's behalf. SECTION 2. 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 other provisions of this Ordinance will continue in force if they can be given effect without the invalid portion. SECTION 3. All ordinances and resolutions or parts of ordinances or resolutions in conflict with this Ordinance are repealed. SECTION 4. This Ordinance shall become effective upon its adoption on second reading, PASSED AND APPROVED on first reading on November 1, 2011, PASSED, APPROVED, AND ADOPTED on second reading on November 15, 2011.