Ord 2018-004/amending various sections of the San Marcos City Code for consistency with, or to complement concurrent adoption of the new San Marcos Development Code (“CodeSMTX”);

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SECTION 13. Section 70.027 of the San Marcos City Code regarding special districts is hereby amended as set forth below. Sec. 70.027. Fees established. Under this article, an initial fee in the an amount of$5,000.00 established by ordinance or resolution of the City Council shall accompany the pre-application review request of any MUD petition. The petitioner shall reimburse the city for expenses incurred by the city in connection with the city's consent to formation of the district,including but not limited to professional fees incurred in connection with the review, negotiation and preparation of the consent resolution, consent agreement, development agreement, impact statements and plans of any proposed or newly formed political subdivision authorized to be created by the Texas Water Code is established by the city council. SECTION 14. Section 70.052 of the San Marcos City Code is hereby amended as set forth below. Sec. 70.052. Conditions and criteria for consent to creation of districts. (a) If the city council consents to the creation of, or inclusion of land within a MUD then it should impose the following requirements as conditions of the city's consent, and such requirements shall be stipulated in the consent resolution and other ancillary agreement,unless the city council determines that the requirements are not appropriate with regard to a specific district. (1) The utility district shall contain acreage necessary to ensure the economic viability of the utility district but no more acreage than can be feasibly annexed at one time.In general,a district is not expected to include less than 200 nor more than 500 acres. (2) The economic viability of the utility district must be shown in the same manner as required by the state. (3) The consent resolution and agreement must reflect and conform to all the applicable stipulations of this policy. (4) The city council must determine that the utility district is not likely to be annexed by the city or be served by city water and wastewater within three years. This determination shall not be binding on the city however. (5) When the city council receives a petition for creation of a utility district within the city's extraterritorial jurisdiction, it shall be evaluated in accordance with the City's comprehensive plan and