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<br />13. <br /> <br />RESOLUTION NO. 2004 - ~R <br /> <br />A RESOLUTION OF THE CITY OF SAN MARCOS, TEXAS <br />APPROVING A PARTIAL WAIVER OF WATER AND <br />WASTEWATER IMPACT FEES FOR THE WILLOW <br />CREEK ESTATES SUBDIVISION, SECTIONS 11 AND 12; <br />AND DECLARING AN EFFECTIVE DATE. <br /> <br />RECITALS: <br /> <br />1. The City's Impact Fee Ordinance, City Code Chapter 86, Article 5, Division 4 (the <br />"Ordinance," authorizes the City Council to waive all or a part of impact fees for a development. <br /> <br />2. Robert McDonald, developer of Willow Creek Estates Subdivision, Sections 11 and <br />12, has asked the Citý to consider a partial waiver of water and wastewater impact fees related to <br />the development, on the basis that he is constructing the public improvements in the <br />development prior to recording the final plat, rather than providing the City with a letter of credit <br />or other security so he could file the plat before the improvements were completed. <br /> <br />3. Under the Ordinance, the impact fee amounts depend on the date the final plat of a <br />subdivision is recorded, not when it is approved. Mr. McDonald has asked that the impact fee <br />levels in effect at the time his final plat was approved be applied to all lots in the development, in <br />effect a reduction from $2,185 to $1,409 per service unit for wastewater fees, and from $2,466 to <br />$1,591 per service unit for water fees. <br /> <br />4. The City Council is willing to grant a partial waiver of the impact fees on the basis <br />that the developer in this instance is constructing the public improvements in the development <br />prior to recording the final plat. <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS: <br /> <br />PART 1. The partial waiver of impact fees for the Willow Creek Estates Subdivision, <br />Sections 11 and 12, as described in Recital 3 above, is approved. <br /> <br />PART 2. This Resolution is in full force and effect from and after its passage. <br /> <br />ADOPTED on March 8, 2004. <br /> <br />µl~ <br /> <br />Robert Habingreither <br />Mayor <br /> <br />Attest: ,-/) , I <br /> <br />tf;Jffi;;~' J;~ <br /> <br />Jfuns K. Womack, City Clerk <br />