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212. RESOLUTION NO. 2004- 141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS URGING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGISLATION TO REPEAL THE EXEMPTION OF STATE UNIVERSITIES FROM CITY DRAINAGE UTILITY FEES; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. State universities are valuable assets in host communities throughout the State of Texas. They serve their core purpose of providing higher education, and they also provide employment opportunities and contribute indirectly to local revenue through sales taxes on purchases by students, faculty and staff members. 2. State university facilities also contribute significantly to demands for city infrastructure and programs funded with drainage utility fees. Moreover, regulations of the U.S. Environmental Protection Agency are requiring more Texas cities to control water pollution from stormwater runoff. In spite of the need of cities for a revenue stream to meet this unfunded federal mandate, the 78th Texas Legislature enacted a statute (Section 430.003 of the Local Government Code) exempting state universities from paying drainage utility fees. The legislature did not adopt concurrent legislation requiring state universities to provide, at their own expense, for control of excess water or storm water caused by or attributable to their facilities. The cost for needed drainage infrastructure and programs is therefore borne by the property owners and residents in the host cities. The year prior to the exemption, Texas State University - San Marcos paid approximately $82,000.00 in drainage utility fees. 3. State law should be changed to once again allow state universities to bear the costs of drainage infrastructure and programs associated with their facilities. Payments towards these costs would result in significant good will for the universities, and a much more equitable situation than the current system that imposes the financial burden for these costs on the cities' property owners and residents. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS. TEXAS: PART 1. The City Council urges the Texas Municipal League to support the enactment of legislation that would amend Section 430.003 of the Local Government Code to remove the exemption of state universities from city drainage utility fees. PART 2. The City Clerk, Janis K. Womack, is authorized and directed to deliver a copy of this resolution and the attached resolution cover sheet to the Texas Municipal League. PART 3. This resolution is in full force and effect immediately upon its passage.