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r OÐ g: ~f hI <..:> - ¡.....;;; W.£ -9- ~:E !"b ~ = -.101 ~ ~ -. a:J C/;>- u.. U l..!....: ¡::: Q - L1- _b «0( I:,.;) S 60 ORDINANCE 1997- 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, REPLACING THE TARIFF FOR WATER SERVICE FOR CUSTOMERS OF THE ELiM WATER COMPANY, INC. WITH THE RATES, FEES, CHARGES AND BILLING PROCEDURES APPLICABLE TO THE CITY'S WATER SYSTEM; PROVIDING FOR PENALTIES; AND INCLUDING PROCEDURAL PROVISIONS. RECITALS: 1. The City of San Marcos has acquired all of the capital stock of Elim Water Company, Inc. (Elim) and will be dissolving the Elim corporate entity and transferring its assets to the City. . . 2. Elim presently operates under a water utility tariff approved by the Texas Natural Resource Conservation Commission. 3. The City desires to implement the rates, fees, charges and billing procedures applicable to the City water system for all customers of the Elim system in connection with the City's acquisition of Elim's capital stock. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. The rates, fees, charges and billing procedures applicable to the City water system, established under Article 5 of Chapter 86 of the San Marcos City Code and other applicable ordinances of the City, including without limitation of the rate schedule attached as Exhibit A to this ordinance and made a part of this ordinance for all purposes, are adopted to apply to all customers of Elim Water Company, Inc. SECTION 2. The City Manager, Larry 0.. Gilley, is directed to refund deposits to Elim customers entitled to a deposit refund under 30 TAC §291.84(g) as of February 10, 1997; other Elim customer deposits will be treated as new deposits with the City as of that date, subject to City deposit refund policies. SECTION 3. 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 4. All ordinances and resolution or parts of ordinances or resolutions in conflict with this ordinance are repealed. SECTION 5. Any person violating any provision of this ordinance commits a misdemeanor and is subject to the penalty provided in Section 1.015 of the San Marcos City Code upon conviction. SECTION 6. This Ordinance will take effect upon publication of notice of its adoption in a newspaper of general circulation in the City, for all water service billings dated on and after March 16, 1997. PASSED AND APPROVED on first reading FEBRUARY 12,1997. FEBRUARY 24, 1997. PASSED AND APPROVED on second reading PASSED, APPROVED AND ADOPTED MARCH 3, 1997. ß~~)~ Billy G. Moore Mayor