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<br />~ <br /> <br />o~ <br />W~ <br />...Jo <br />-~l <br />LL~ <br />!(: <br /> <br />204 <br /> <br />C/) <br />o <br />~ ~ e <br />c::> a: ctl <br />c-.J w:E <br />"o:f4 ...J r: <br />Oas <br />,... >- C/') <br />-l !:: '0 <br />:::> 0 >- <br />....., - <br />6 <br /> <br />ORDINANCE NO. 2004---5.1.. <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE <br />CITY OF SAN MARCOS, TEXAS AMENDING <br />SECTION 110.089 OF THE CITY CODE TO REVISE <br />CITY OBLIGATIONS RELATED TO PARKLAND <br />DEDICATED TO THE CITY IN THE SUBDIVISION <br />PLATTING PROCESS; PROVIDING FOR <br />PENALTIES; AND INCLUDING PROCEDURAL <br />PROVISIONS. <br /> <br />RECIT ALS: <br /> <br />1. The Planning and Zoning Commission conducted a public hearing on May 11, <br />2004 regarding an amendment to the Subdivision Chapter of the City Code to revise City <br />obligations related to parkland dedicated to the City in the subdivision platting process. <br /> <br />2. The City Council held a public hearing on the proposed amendment on <br />,2004. <br /> <br />3. All requirements of the Subdivision Chapter of the City Code and of Chapter <br />212 of the Texas Local Government Code pertaining to subdivision ordinance <br />amendments have been met, and the City Council finds and determines that the adoption <br />ofthis ordinance is in the interest of the public health, morals, welfare and safety. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS: <br /> <br />SECTION 1. Section 110.089(2) of the City Code is amended as follows <br />(underlining indicates added language and overstrike indicates deleted language): <br /> <br />(2) In a subdivision of 20 acres or more, the subdivider is required to <br />dedicate five per cent of the total area of the subdivision for park purposes at a <br />location to be approved by the Planning and Zoning Commission and under the <br />following conditions: <br /> <br />(a) The area of the park to be dedicated shall be measured and calculated <br />to the centerline of any street within the subdivision bounding the park. <br /> <br />(b) When a subdivision is to be developed in stages or by units so that the <br />actual platting of the park area to be dedicated in connection with the <br />subdivision will be deferred until the second or a later unit, the subdivider <br />shall complete and deliver to the commission, with the final plat of the <br />first unit of the subdivision, an agreement form furnished by the <br />Commission which provides for the future dedication of the park. <br />