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82 ORDINANCE 1984-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING CHAPTER 30, WATER AND SEWERS AND SEWAGE DISPOSAL, ARTICLE II. SERVICE CHARGES, DIVISION 4, SEWERAGE SYSTEM CAPITAL RECOVERY FEE, SECTIONS 30-45 (l) (g) AND 30-45(1)(c) OF THE CODE OF ORDINANCES OF THE CITY OF SAN MARCOS, TEXAS, AND ADDING A SECTION TO SAID ARTICLE OF SAID CHAPTER OF SAID CODE TO BE NUMBERED 30-44 1/2 PROVIDING FOR A CAPITAL RECOVERY FEE OF 1.0% OF THE FAIR MARKET VALUE OF IMPROVEMENTS TO BE CONSTRUCTED TO BE CHARGED LOW INCOME OWNERS AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of San Marcos, Texas has determined that the existing sewerage facilities of the City of San Marcos handling the current waste generated by the citizens of San Marcos must be upgraded, and, WHEREAS, the City Council of the City of San Marcos, Texas has determined that in order to provide for the future growth of San Marcos additional sewerage facilities will have to be constructed, and WHEREAS, the City Council has considered the total cost of making such improvements and the information presented regarding which segments of the community are responsible for which amounts of the additional cost to be incurred, and WHEREAS, the City Council has determined that new development should bear its share of the cost of improvements and that existing development should bear its share of the cost of improvements, and WHEREAS, the city Council has determined, based on the information presented to it, that the provisions of this Ordinance as ordained below accomplish the Council's goal as expressed above; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION I. That the Code of Ordinances of the City of San Marcos, Texas is hereby amended by adding to Article II. Service Charges of Chapter 30, Water and Sewers and Sewage Disposal, a Division 4, Sewerage System Capital Recovery Fee, which shall read as follows: DIVISION 4. SEWERAGE SYSTEM CAPITAL RECOVERY FEE Section 30-40. purpose of Charge. The intent of the sewerage system capital recovery fee shall be to recover the costs of construction of sewage treatment and major sewage collection works as described in the City of San Marcos Facility plan for sanitary sewage system, to the extent permitted by and in compliance with the ordinances authorizing the City's outstanding waterworks and sewer system revenue bonds and obligations issued to be payable in whole or in part from the revenues of the city's waterworks and sewer system. Said fees shall be applied as provided in Section 30-50 of this Ordinance; and the City of San Marcos Sewer System Capital Improvement Fund provided in Section 30-50 shall be applied by the City to the payment of such construction costs as and in the manner the City from time to time deems necessary and appropriate.