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(f) Fee in Lieu of Dedication. A cash fee for the installation of off -site <br />sidewalks may be paid in lieu of all or part of the sidewalks required under Section <br />7.4.2.3(b)(1). The cash fee in lieu of sidewalk installation shall be set by resolution of the <br />City Council (see the Technical Manual). All fees in lieu of installation shall be paid prior <br />to the issuance of a building_ permit. Fees in lieu of installation may be accepted if the <br />Director consents. In evaluating the request, the Director shall consider: <br />(1) Proximity to the nearest existing sidewalk; <br />(2) Proximity to public facilities, such as public or private schools, libraries <br />and other government buildings; <br />(3) Whether any public sidewalk improvements are planned or contemplated <br />in the area; and <br />(4) Any other information deemed appropriate in the professional judgment of <br />the Director. <br />W Sidewalk Benefit Areas. The City shall establish a separate sidewalk <br />account. The funds in the account shall be earmarked solely for the development of <br />sidewalks either in the same sector in which the lot is located, or for regional sidewalk <br />connectivity that will benefit all of the citizens of San Marcos. The City shall expend <br />cash contributions within ten years of the date any such contribution is made. <br />SECTION 12. Chapter 8, Definitions, Article 1, General Definitions, is amended <br />by inserting the following changes to definitions as follows: <br />147. Intermediate waterway means any river, creek, stream, channel, or other <br />waterway ever- the Edwards ^ quif r that drains a watershed of at least 250 acres <br />and no more than 1,000 acres. <br />160. Major waterway means any river, creek, stream, channel or other waterway ever- <br />the Edwards ^ ,..,:ror that drains a watershed of 1,000 acres or more. <br />282. TCSS Maul means the City's design and construction standards for the <br />installation and construction of subdivision or public improvements that are <br />associated with developing a piece of property. TCSS is an acronym for Technical <br />Construction Standards and Specifications. <br />SECTION 13. In codifying the changes authorized by this ordinance, paragraphs, <br />sections, subsections and tables may be renumbered and reformatted as appropriate consistent <br />with the numbering and formatting of the San Marcos City Code. <br />SECTION 14. If any word, phrase, clause, sentence, or paragraph of this ordinance is <br />held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of <br />this ordinance will continue in force if they can be given effect without the invalid portion. <br />