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<br />92 <br /> <br />ORDINANCE 1986-85 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />(~ MARCOS, TEXAS, REPEALING THE CURRENT ORDINANCE 1984-107 <br />~ WHICH ESTABLISHED APPLICATION REVIEW PROCEDURES, FEES, <br />~ CONSENT PROVISIONS, AND BOND FINANCING REQUIREMENTS FOR <br />UTILITY DISTRICTS; CREATING A NEW ORDINANCE ESTABLISHING <br />A UTILITY DISTRICT PREAPPLICATION REVIEl~ PROCESS TO <br />INCLUDE INFORMATION TO BE PROVIDED TO THE CITY PRIOR TO <br />SUBMISSION OF A PETITION FOR CREATION OF ANY POLITICAL <br />SUBDIVISIONS AUTHORIZED TO BE CREATED BY THE TEXAS WATER <br />CODE <HEREAFTER CALLED A UTILITY DISTRICT); ESTABLISHING <br />A REVIEW PROCESS FOR PETITIONS FOR THE CREATION OF <br />MUNICIPAL UTILITY DISTRICTS AND WATER CONTROL AND <br />IMPROVEMENT DISTRICTS AND FOR REQUESTS FOR OUT-OF-DISTRICT <br />SERVICE; ESTABLISHING A FEE FOR REVIEW OF CREATION <br />PETITIONS, COMPLETING CONSENT AGREEMENTS, REVI EWING <br />ENGINEERING AND LAND USE AND TRANSPORTATION PLANS, IMPACT <br />STATEMENTS FOR ANY PROPOSED OR NEWLY FORMED UTILITY <br />DISTRICTS WITHIN THE CITYJS LIMITS AND ITS <br />EXTRATERRITORIAL JURISDICTION; ESTABLISHING BASIC <br />QUALIFICATIONS FOR CONSENT TO THE CREATION OF A UTILITY <br />DISTRICT; PROVIDING PERCENTAGES ALLOWED FOR BOND FINANCING; <br />ESTABLISHING THE PROVISIONS OF THE BONDING PACKAGE; <br />ESTABLISHING VARIOUS REQUIREMENTS; DECLARING A POLICY <br />STATEMENT; AND DECLARING AN EFFECTI'JE DATE. <br /> <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS. <br /> <br />SECTION 1. That Ordinance 1984-107 shall be repealed in its <br />entirety. <br /> <br />SECTION 2. That the foJJowing Utility District Pre-Appiieation <br />Review and Regulation Ordinance be adopted: <br /> <br />PART A. That the following requirements for information and a <br />review process for petition for the creation of Util ity Districts be, <br />and are hereby, establ ished: <br /> <br />Section 1. Preappl ication Review. <br /> <br />a) For a period beginning at least sixty (60) days prior to the <br />submission of a petition for creation of a Util ity District, <br />the appl icant shall confer with the City Manager, the <br />Planning Director and the City Engineer concerning the <br />purpose of the Util ity District, the conceptual design of <br />water and wastewater faei) ities and Jines, land use and <br />transportation plans, and tentative construction schedules. <br />The purpose of this review period shall be for the City <br />to receive and review the documents required by this <br />Ordinance and provide an opportunity for the City and <br />appJ icant to identify and resolve differences prior to <br />submission of the petition and the statutory 120 day <br />review period. The sixty (60) day minimum Preappl ication <br />Review shall be initiated by a letter to the City Manager <br />officially requesting a Preappl ication Review Meeting. The <br />sixty (60) day review period shall commence on the day of <br />receipt of the letter by the City Manager or on the day of <br />receipt of the items required by Section 2 below, whichever <br />is later. <br /> <br /> <br />b) Prior to the submission of a petition, the applicant shall <br />confer with the School District(s) having jurisdiction in the <br />area of the Util ity District. A letter from the School District <br />to the appl ¡cant stating the date of such conference and any <br />coordination as required by the School District(s) shall be <br />provided the City by the appl icant at least forty-five (45) days <br />before a petition is filed. <br /> <br /> <br />Section 2. Preapplication Submittals by Appl icant. <br /> <br />The appl icant shall file thirty (30) copies of the following <br />documents with the City Manager concurrent with the Jetter to <br />the City Manager initiating the Preappl ication Review process: <br />