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<br />(c )The City sfla.ll.- may in its discretion bear f! its portion of the cost of <br />curb and gutter and paving, to residential street standards. on any streets <br />within the subdivision bounding the park being dedicated, and shall may <br />in its discretion also pay the cost of any utility extensions required to serve <br />the park. Any agreements made by anyone or any entity to dedicate to the <br />public any park area prior to the effective date of the ordinance from <br />which this chapter derives shall never be construed as coming within this <br />section in obligating or committing the city to pay any portion or part of <br />the costs of curbing, gutters, and paving of any streets that bound the park <br />area. <br /> <br />(d) The city shall improve the dedicated park area coincidentally with the <br />development of the subdivision. The term "improve," as used in this <br />subsection, means brush clearing. trash removal, the filling and grading as <br />may be necessary for the practical use of the park, together with the <br />installation of an irrigation system, sodding, and planting of basic trees <br />and shrubs. <br /> <br />(e) If the City is not able to provide the development as outlined in this <br />subsection, the subdivider has the option to improve the park area, as the <br />word "improve" is defined in subsection 2( d) of this section, under a <br />contract bctween the City and the subdivider, providing for repayment by <br />the City to the subdivider for the cost of the imrprovcmcnts within 18 <br />months from the date of completion thereof and at an interest rate on the <br />unpaid balance equal to the prime rate, pro':ided that the development <br />shall be done under the supervision of parks and recreation and according <br />to the city plans. <br /> <br />(~ f) Dedicated park areas shall be a minimllill of one acre; provided, <br />however, that for subdivisions over 20 acres, one or more park areas may <br />be dedicated, subject to approval of the commission. <br /> <br />SECTION 2. If any word, phrase, clause, sentence, or paragraph of this <br />ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, <br />the other provisions of this ordinance will continue in force if they can be given effect <br />without the invalid portion. <br /> <br />SECTION 3. All ordinances and resolution or parts of ordinances or resolutions <br />in conflict with this ordinance are repealed. <br /> <br />SECTION 4. Any person violating any provision of this ordinance commits a <br />misdemeanor and is subject to the penalty provided in Section 1.015 of the San Marcos <br />City Code upon conviction. <br /> <br />2 <br />