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ORDINANCE NO. 2010-38 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING CHAPTER 86, ARTICLE 1, OF THE SAN MARCOS CITY CODE; PROVIDING VARIOUS METHODS AND OPTIONS FOR WATER AND WASTEWATER LINE EXTENSIONS; ESTABLISHING PRO RATA FEE ASSESSMENTS FOR PARTIAL REIMBURSEMENT OF EXPENSES INCURRED TO EXTEND QUALIFYING WATER AND WATEWATER LINES; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING AN EFFECTIVE DATE RECITALS: 1. The City operates and maintains public water and wastewater systems for the health, safety and welfare of its residents. 2. The City seeks to establish options for extending off -site water and wastewater lines and to provide for the imposition of pro rata fees for the partial reimbursement of private developer costs associated with off -site water and wastewater line extensions. • 3. Pro rata fee assessments related to water and wastewater line extensions are not considered impact fees under Chapter 395 of the Texas Local Government Code. 4. The City Council finds and determines that the adoption of this ordinance is in the interest of the health, safety and welfare of the public. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Chapter 86, Utilities, Article 1, In General, of the San Marcos City Code is hereby amended to read as follows: ARTICLE 1. IN GENERAL DIVISION 1. POLES AND WIRES IN CITY STREETS See. 86.001. Installation of poles and wires in streets. Any person, whether acting for himself or another person, who does not have authority from the city council to do so, who places any pole or strings any wire in any street, alley or public way within the corporate limits or who in any way occupies or obstructs any of the streets, alleys or public ways or any portion of the streets, alleys or • public ways with any pole or wire is guilty of a misdemeanor.