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59. RESOLUTION NO. 2004 - 58 R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS APPROVING A PARTIAL WAIVER OF WATER AND WASTEWATER IMPACT FEES FOR THE HUNTER'S HILL DEVELOPMENT; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. The City's Impact Fee Ordinance, City Code Chapter 86, Article 5, Division 4, authorizes the City Council to waive all or a part of impact fees for a development. 2. TETCO, Inc., owner of the Hunter's Hill subdivision development (the "Development"), has asked the City to consider a partial waiver of water and wastewater impact fees related to the Development, on the basis that the Development was partially built out at the time impact fees were increased in 2002, and a master plan for the Development expired shortly before the effective date of a City Council decision to limit impact fee amounts for developments having approved master plans. 3. The City Council is willing to grant a partial waiver of the impact fees for the Development on the grounds described in Recital 2 above. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS: PART 1. The partial waiver of impact fees for the Development, from $2,185 to $1,409 per service unit for wastewater fees, and from $2,466 to $1,591 per service unit for water fees, is approved. This partial waiver will apply, however, only to impact fees collected in connection with development activities within the Development on or before December 31, 2007, and impact fees thereafter collected in connection with development activities within the Development shall be subject to impact fee amounts then in effect. PART 2. This Resolution is in full force and effect from and after its passage. ADOPTED on March 22, 2006. Attyst:, Janis K. Womack City Clerk Robert Habingreither Mayor