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<br /> <br /> <br />~ <br /> <br /> <br />35 <br /> <br />ORDINANCE 1986-128 <br /> <br />j""" <br /> <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS, AMENDING THE SUBDIVISION ORDINANCE OF <br />THE CITY OF SAN MARCOS BY ADDING SUBSECTONS 19,1 AND <br />53.1 TO ARTICLE II. DEFINITIONS, SECTION B, TRANSFERRING <br />CERTAIN SECTIONS PERTAINING TO DEVELOPMENT OVER THE <br />EDWARDS AQUIFER RECHARGE ZONE FROM ARTICLE VI, SECTION F <br />AND SECT ION H, TO A NEIA ARTI Clf !'}I, SECT I ON t1, AND <br />PRO\}IDING IN THE NE!...J SECTION f'l FOR ~\IATER QUALITY CONTROLS <br />IN CRITI CAL I..,IATER QUALITY ZONES, PRO!')! DING FOR <br />INSPECTIONS, PROVIDING FOR PL~~ APPROVAL AND DECLARING <br />AN EFFECTIVE DATE. <br /> <br />~ <br /> <br />ìAIHEREAS, 26.177 of the Texas 1..,1 a tel' Code pro'.} ides that The City of <br />San Marcos must estabì ish a Water Pollution Control and Abatement <br />Program to protect the qual it! of water in the Edwards Aquifer; and, <br /> <br />WHEREAS, The City of San Marcos has previously recognized its <br />committment to protect the water qual ity and habitat of the San Marcos <br />River and hereby reaffirms that responsibil ity; and, <br /> <br />WHEREAS, the City is authorized by the Jaws of the State of Texas <br />to protect and secure the health, safety and welfare of its citizens; <br />and, <br /> <br />WHEREAS, the Master Pian of the City of San Marcos provides in its <br />goals, objectives and pol'icies for the further protection of the City's <br />water supply and the San Marcos River; and, <br /> <br />WHEREAS, the City's planning and engineering staffs have done <br />extensive research in the preparation of these recommended ordinance <br />changes; and, <br /> <br />WHEREAS, the Planning Commission of the City of San Marcos has <br />adopted and approved these proposed measures for protection of the <br />City's IAla ter' supp I)' and the San ¡"'¡arcos R i (Jer; nol.<.I! therefore; <br /> <br />BE IT ORDAINED BY THE CITY <br /> <br />COUNCIL OF <br /> <br />THE <br /> <br />CITY OF <br /> <br />SAN <br /> <br />f'iARCOS, <br /> <br />TE){AS: <br /> <br />SECTION 1. That Article II. Definitions, Section 8 of the <br />Subdivision Ordinance of the City of San Marcos be amended by adding <br />,:,ubsedions 19.1 and 53.1 theretcl IAihich ,:.hall r'ead as foì1ot<.ls: <br /> <br />19.1 Edwards and Associated Limestone. The <br />formations which make up the Edwards Aquifer <br />zone. The term" ou tcr-op of the Edl¡,¡ar.ds <br />Limestone" is synonymous 1".Ii th the term "EdtA'ðrds <br />Zone" or "Recharge Zone". <br /> <br />geological rod: <br />and its recharge <br />and As'~oc ¡ B. ted <br />Aquifer- Recharge <br /> <br />53,1 Tributary, Any watercourse which drains directly into <br />Purgatory or Sink Creeks or the 8ianco River having a drainage <br />area of 64 acres or more. A tributary is measured from its <br />confluence with the creek or river upstream to a point at which <br />the contributing area is less than 64 acres. <br /> <br />SECTION 2. That the last two paragraphs of Article VI, Section F <br />of the Subdivision Ordinance of the City of San Marcos be deleted <br />and transferred to a new Article VI, Section M of the Subdivision <br />Ordinance to read as follows: <br /> <br />"Section 1"1. <br /> <br />Edwards Aquifer Recharge Zone and Drainage Area, <br /> <br />L <br /> <br />Edwards Rules Adopted: <br /> <br />Title 31, Part 331, Subchapter A of the Texas Water Code <br />and the rules of the Texas Water Development Board for <br />the Edwards Aquifer are hereby adopted and incorporated <br />herein by reference as criteria to be followed by the <br />City in those portions of the City of San Marcos and its <br />extr'aterritoriaJ jurisdiction ~\¡hich 1 ie ~.,)ith¡n the <br />outcrop of the Edwards and Associated Limestone. A coPy <br />of said documents shall be maintained in the office of <br />the City Secretary of said City. <br />