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ORDINANCE NO. 2013 -70 <br />AN ORDINANCE OF THE CITY OF SAN MARCOS, TEXAS, UPDATING <br />AND AMENDING WATER AND WASTEWATER IMPACT FEES TO BE <br />CHARGED BY THE CITY OF SAN MARCOS BY AMENDING <br />CHAPTER 86, ARTICLE 5, DIVISION 4 — IMPACT FEES, OF THE SAN <br />MARCOS CITY CODE; ADOPTING UPDATED LAND USE <br />ASSUMPTIONS AND AN UPDATED CAPITAL IMPROVEMENTS <br />PLAN; AMENDING THE IMPACT FEE SERVICE AREA BOUNDARIES <br />FOR THESE FACILITIES; ADOPTING THE 2013 "UPDATE OF THE <br />WATER AND WASTEWATER IMPACT FEES" REPORT; AMENDING <br />EXEMPTIONS AND EXCLUSIONS FROM IMPACT FEES; AND BY <br />DELETING CHAPTER 7, ARTICLE 7 — IMPACT FEES AND CHAPTER <br />8 — DEFINITIONS, ARTICLE 3 — IMPACT FEE DEFINITIONS, BY <br />DELETING THESE SECTIONS IN THEIR ENTIRETY FROM THE <br />LAND DEVELOPMENT CODE TO AVOID DUPLICATION; <br />PROVIDING FOR SEVERABILITY; PROVIDING FOR SAVINGS AND <br />REPEAL; INCLUDING PROCEDURAL PROVISIONS; PROVIDING <br />FOR PENALTIES; AND PROVIDING FOR AN EFFECTIVE DATE. <br />RECITALS: <br />1. The City Council of the City of San Marcos ( "City Council "), Texas previously <br />passed Ordinance No. 2002 -67 amending impact fees for water and wastewater facilities and <br />adopted updated land use assumptions, updated its impact fee capital improvements plan, and its <br />impact fee service areas on September 25, 2002, which was subsequently amended by Ordinance <br />No. 2002 -81. on December 9, 2002; and <br />2. The City of San Marcos ( "City ") has caused its existing Land Use Assumptions, <br />Impact Fee Service Area and Impact Fee Capital Improvements Plan to be reviewed, evaluated <br />and updated by qualified professionals using generally accepted engineering and planning <br />practices in accordance with the provisions of SUBCHAPTER B OF CHAPTER 395 OF THE TEXAS <br />LOCAL GOVERNMENT CODE; and <br />3. The City's consultant has prepared an "Update of the Water and Wastewater Impact <br />Fees of the City of San Marcos, Texas" dated October 2013 attached hereto as Exhibit A (the <br />"Impact Fee Report ") which is adopted and incorporated herein for all purposes; and <br />4. The City Council appointed a Capital Improvements Advisory Committee ( "CIAC ") <br />by Resolution 2009 -73 to advise the City Council concerning amendments to the land use <br />assumptions, impact fee capital improvements plans and impact fees for water and wastewater <br />facilities; and <br />5. Pursuant to SECTION 395.056, TEXAS LOCAL GOVERNMENT CODE, the CIAC has filed <br />written comments on the proposed amendments to the Land Use Assumptions, Impact Fee <br />