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• ORDINANCE NO.2008-q4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING THE SAN MARCOS CITY CODE, SUBPART B, LAND DEVELOPMENT CODE, CHAPTER 1, ARTICLE 2, DIVISION 1, SECTION 1.2.1.3(E) AND AMENDING CHAPTER 1, ARTICLE 4 BY ADDING A NEW DIVISION 4, SECTIONS 1.4.4.1 THROUGH 1.4.4.4, TO PROVIDE FOR WAIVER OR MODIFICATION OF DEVELOPMENT STANDARDS BY THE SAN MARCOS CITY COUNCIL AS AN ECONOMIC DEVELOPMENT INCENTIVE; INCLUDING PROCEDURAL PROVISIONS AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. San Marcos City Code, Subpart B, Land Development Code, Chapter 1, Development Procedures, Article 2, Authority of Decision-Makers, Division 1, General Provisions, Section 1.2.1.3(e) is hereby amended to read as follows: "Section 1.2.1.3 Limitation on Authority 0 (e) No Waivers. Except as expressly provided for in this Land Development Code (refer to Section 1.6.1.4 and Section 1.4.4.1), no official, board, commission of the City, or the City Council, shall have authority to waive any requirement or standard for a development application. Any attempted waiver of a requirement or standard for a development application in contravention of this subsection shall hereby be deemed null and void, and, upon discovery, shall be grounds for revocation of a permit or approval, or reconsideration of a legislative decision." SECTION 2. San Marcos City Code, Subpart B, Land Development Code, Chapter 1, Article 4, General Legislative Provisions, is hereby amended by addition thereto a new Division 4, Waiver or Modifications of Standards as an Economic Development Incentive, Sections 1.4.4.1 through 1.4.4.4 to read as follows: ARTICLE 4: GENERAL LEGISLATIVE PROCEDURES DIVISION 4: WAIVER OR MODIFICATION OF DEVELOPMENT STANDARDS AS AN ECONOMIC DEVELOPMENT INCENTIVE • Section 1.4.4.1 Purpose, Applicability and Effect 1