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ORDINANCE 2004- 28 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS, AMENDING CHAPTER 102, PLANNING, OF THE CITY CODE TO <br />ADD SECTION 102.001 TO PROVIDE A PROCESS FOR SUBMITTING <br />DISANNEXATION PETITIONS AND TO ADD A FEE FOR PROCESSING <br />DISANNEXATION PETITIONS; SETTING THE AMOUNT OF THE FEE; <br />INCLUDING PROCEDURAL PROVISIONS; AND DECLARING AN <br />EMERGENCY <br /> <br />23:t~ <br /> <br />RECITALS: <br /> <br />1. The City Charter provides for disam~exation of land within the City's limits. <br /> <br />2. The City Council wishes to amend the City Code to provide procedures for property owners to <br />submit petitions for disannexation. <br /> <br />3. The City Council finds that it is reasonable to establish a fee for the petitioners to pay to cover the <br />costs associated with a petition for disalmexation. <br /> <br />4. The City Council wishes to establish a fee for disam~exation petitions. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />SECTION 1. Chapter 102 of the City Code is amended by adding section 102.001 to read as <br />follows: <br /> <br />Sec. 102.001.. Disannexation petitions; fees; procedures for petition process. <br /> <br />(a) A disalmexation petition submitted pursuant to state statutes must conIbrm to all <br />applicable requirements of the statutes. <br /> <br />(b) A disannexation petition submitted for any other reason must conform to the <br />requirements of this subsection. Such disarmexation petitions must: <br /> (1) be submitted on a form provided by the Plaxming and Development Services <br /> Department; <br /> (2) request the disannexation and state the reason for the request; <br /> (3) attach a legal description of the area proposed to be disannexed; <br /> (4) be signed by each property owner in the area; and <br /> (5) be presented to the city clerk. <br /> <br />(c) A disannexation petition n'lust be accompanied by a fee. The fee will be set by the city <br />council by ordinance in an amount that covers the usual cost of public hearing notices, <br />translation services and other costs directly related to processing petitions. The fee shall be <br />due at the time the petition is presented to the city clerk. <br /> <br /> <br />