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<br />4 <br /> <br />, <br /> <br />I <br /> <br />Chapter 1 Development Procedures - Article 10' Relief Procedures <br /> <br />(e) Land in Extraterritorial Jurisdiction. Where land or facilities to be dedicated are <br />located in the extraterritorial jurisdiction of the City and are to be dedicated to a <br />county under an interlocal agreement under Tex. Loc. Gov't Code ch. 242, a petition <br />for relief or study in support of the petition shall not be accepted as complete for <br />filing by the responsible official unless the petition or study is accompanied by <br />verification that a copy has been delivered to the county in which the facilities are to <br />be located. <br /> <br />Section 1.10.3.3 <br /> <br />Processing of Petitions and Decision <br /> <br />(a) Responsible Official. The Engineering Director is the responsible official for a <br />petition for relief from a dedication or construction requirement. Where the petition <br />is for relief from dedication of rights-of-way for or construction of a facility in the <br />City's extraterritorial jurisdiction that is to be dedicated to a county under an <br />interlocal agreement under Tex. Loc. Gov't Code ch. 242, the Director shall <br />coordinate a recommendation with the county official responsible for reviewing plats <br />in the county. The Director shall evaluate the petition and supporting study and shall <br />make a recommendation to the City Council based upon the information contained in <br />the study, any comments received from the county, and the Director's analysis. In <br />evaluating the petition and study, the Director shall take into account the maximum <br />amount of any impact fees to be charged against the development for the type of <br />capital improvement that is the subject of the petition, and any credits due the <br />petitioner against impact fees, as well as any traffic impact, drainage or other <br />adequate facilities studies evaluating the impacts of the development or similar <br />developments on the City's water, wastewater, roadway, drainage or parks systems. <br />The Director may utilize any reasonable methodology in evaluating the petitioner's <br />study, including but not limited to impact fee methodologies. <br /> <br />(b) Decision-Maker. The City Council shall decide the petition for relief from a <br />dedication or construction requirement. <br /> <br />(c) Public Hearing. The City Council shall conduct a public hearing in accordance with <br />Article 3, Division 3 of this Chapter 1, within 30 working days after the study <br />supporting the petition is filed with the responsible official. <br /> <br />(d) Burden of Proof The petitioner bears the burden of proof to demonstrate that the <br />application of a dedication or construction requirement that is uniformly applied <br />imposes a disproportionate burden on the petitioner. <br /> <br />(e) Decision. The City Council shall consider the petition for relief from a dedication or <br />construction requirement and, based upon the criteria set forth in Section 1.10.3.4, <br />shall take one of the following actions: <br /> <br />(1) Deny the petition for relief, and impose the standard or condition In <br />accordance with the initial decision; or <br /> <br />City of San Marcos, Texas <br /> <br />1-161 <br /> <br />Land Development Code - Final <br />