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Ord 2004-092
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Ord 2004-092
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Last modified
6/2/2008 1:25:19 PM
Creation date
8/27/2007 9:05:40 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Code of Ordinances
Number
2004-92
Date
12/13/2004
Volume Book
159
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<br />Chapter 1 Development Procedures - Article 2 Authority of Decision-Makers <br /> <br />decision of the City shall be deemed a ratification of any representation made m <br />contravention of this subsection. <br /> <br />(c) Representations Concerning Future Amendments. No City official, whether an <br />employee of the City or a member of an appointed board or commission, or a member <br />of the City Council, shall have the authority to make binding representations to any <br />person concerning the likelihood that a change in any legislative classification or a <br />change in the text of this Land Development Code as applied to a specific tract of <br />land will be granted, or that an existing legislative classification or text provision will <br />remain in effect, or that any petition for relief will be granted. No person is entitled <br />to rely upon any representation made by an official in contravention of this <br />subsection, and each and every such representation shall be deemed in violation of the <br />policy of the City, and is not binding on the City in any respect. No subsequent <br />decision of the City shall be deemed a ratification of any representation made in <br />contravention of this subsection. <br /> <br />(d) Effect of Master Plan, Ordinance or Development Standard on Liability Claims. The <br />City's approval of a development application under the standards and procedures of <br />this Land Development Code does not guarantee or assure that development of the <br />property in accordance with the standards will prevent, minimize or mitigate harm to <br />adjoining property. A person who undertakes development activities shall not rely on <br />the City's approval of a development application as ensuring that the development <br />activities will not result in harm to adjoining property. The regulations contained in <br />this Land Development Code constitute an exercise of the City's governmental <br />authority, and approval of a development application shall not give rise to any <br />liability on the part of the City or its officers, agents and employees, nor will an <br />approval release the applicant from any liability for harm arising out of development <br />of the property under applicable law. <br /> <br />(e) No Waivers. Except as expressly provided for in this Land Development Code (refer <br />to Section 1.6.1.4), no official, board, commission of the City, or the City Council, <br />shall have authority to waive any requirement or standard for a development <br />application. Any attempted waiver of a requirement or standard for a development <br />application in contravention of this subsection shall hereby be deemed null and void, <br />and, upon discovery, shall be grounds for revocation of a permit or approval, or <br />reconsideration of a legislative decision. <br /> <br />Section 1.2.1.4 <br /> <br />Conflict in Authority <br /> <br />(a) Internal Inconsistency. Whenever one or more provisions of this Land Development <br />Code are in apparent conflict, the provisions shall be construed, if possible, so that <br />effect is given to each. If the conflict is between a general provision and a specific <br />provision, and the conflict is irreconcilable, the specific provision shall prevail as an <br />exception to the general provision, unless the general provision is the later enactment <br />and the manifest intent is that the general provision should prevail. <br /> <br />City of San Marcos, Texas <br /> <br />1-10 <br /> <br />Land Development Code - Final <br /> <br />, <br /> <br />It <br /> <br />~ <br />
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