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52 Regular Meeting January 14, 1985 Page 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING SECTION B OF ARTICLE II, DE- FINITIONS, OF APPENDIX C (SUBDIVISION ORDINANCE) OF THE CODE OF ORDINANCES OF SAID CITY TO ADD SUBSECTION 40.1, PRIVATE SEWAGE FACILITIES, AND TO DELETE SUBSEC- TION 49 AND TO SUBSTITUTE THEREFOR A NEW SUBSECTION 49¡ AMENDING SECTION D OF ARTICLE V, PROCEDURES, OF SAID APPENDIX OF SAID CODE TO ADD A SUBSECTION TO BE NU1-1BERED 4(C), CONTENTS OF THE ENVIRONMENTAL IMPACT STATEMENT AND ACCOMPANYING MAPS; AMENDING SECTION F OF ARTICLE VI, SUBDIVISION DESIGN REQUIREMENTS, OF SAID APPENDIX OF SAID CODE TO ADD TWO PARAGRAPHS AT THE END OF SAID SECTION F TO PROVIDE THAT TITLE 31, PART 331, SUBCHAP- TER A OF THE TEXAS WATER CODE AND RULES OF THE TEXAS WATER DEVELOPMENT BOARD FOR THE EDWARDS AQUIFER ARE ADOPTED AS CRITERIA TO BE FOLLOWED IN THOSE PORTIONS OF SAID CITY AND ITS EXTRATERRITORIAL JURISDICTION WHICH LIE WITHIN THE OUTCROP OF THE EDWARDS AND ASSO- CIATED LIMESTONE, AND TO PROVIDE THAT PRIVATE SEWAGE FACILITIES ON LOTS WITHIN SAID OUTCROP OR SUCH FACILI- TIES WHICH PENETRATE SAID EDWARDS AND ASSOCIATED LIME- STONE SHALL NOT BE LICENSED OR PERMITTED BY THE CITY HEALTH OFFICIAL UNLESS SUCH LOTS AND FACILITIES MEET THE STANDARDS FOR LOTS AND PRIVATE SEWAGE FACILITIES DESCRIBED IN THE RULES OF THE TEXAS WATER DEVELOPMENT BOARD FOR THE EDWARDS AQUIFER, THE DETERMINATION OF WHETHER SUCH LOTS ARE WITHIN, OR WHETHER SUCH FACILITIES WOULD PENETRATE, THE EDWARDS AND ASSOCIATED LIMESTONE, TO BE MADE BY THE DIRECTOR OF ENVIRONMENT AND ENGINEERING BASED ON COMPETENT GEOLOGICAL INFORMATION; AMENDING SUBSECTION 1 OF SECTION H, OF ARTICLE VI, SUBDIVISION DESIGN REQUIREMENTS, OF SAID APPENDIX OF SAID CODE TO ADD A SENTENCE AT THE END OF SAID SUBSECTION TO PROVIDE THAT NO BUILDING PERMIT SHALL BE ISSUED BY SAID CITY FOR CONSTRUCTION IF SUCH PROPOSED CONSTRUCTION WILL CROSS A LOT LINE; AMENDING SECTION H OF ARTICLE VI, SUB- DIVISION DESIGN REQUIREMENTS, OF SAID APPENDIX OF SAID CODE TO DELETE THEREFROM SUBSECTION 3 AND TO SUBSTITUTE THEREFOR A NEW SUBSECTION 3 TO PROVIDE FOR MINIMUM LOT SIZES FOR LOTS WHICH UTILIZE PRIVATE SEWAGE FACILITIES AND WHICH ARE LOCATED WITHIN THE OUTCROP OF THE EDWARDS AND ASSOCIATED LIMESTONE OR THAT PENETRATE SAID EDWARDS AND ASSOCIATED LIMESTONE; DECLARING THE PURPOSE OF THIS LEGISLATION TO BE REMEDIAL; AND DECLARING AN EMERGENCY. Mayor Craddock opened the public hearing and asked if anyone wished to speak in favor or in opposition to the amendments. Lamar Hankins stated he thought the preamble of the Ordinance was very important, so he read it into the record, then he read Section 7 of the Ordinance into the record and stated that Section 7 established the nature of the emergen- cy. He said major revision of the Ordinance would be forthcoming when Staff could work together on it, but pressing matters concerning the Edwards Aquifer Recharge Zone needed to be addressed by the Council at this time. This Ordinance requires an extensive environmental impact statement, which in the past an environmental assessment statement had been required but was rather limited in its scope. Section 3 sets out the extensiveness of the proposed statement. Another major change in this Ordinance gives the City the responsibility to make determination what lands are over the Edwards Aquifer Recharge Zone based on competent geological information. The City cannot be less restrictive than the Texas Water Development Board, whose rules are implemented by the County, but whatever regulations pertain, the most restrictive ones control. The City will be making its own independent determination rather than relying upon the Texas Water Development Board or the County. This Ordinance is