Ord 1999-055 - Laserfiche WebLink

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council will consider the request within 30 days of the filing of the request. If the council determines that the board's decision is supported by substantial evidence, the council will sustain the board's decision. The council may modify the board's decision if the council finds no substantial evidence supporting the decision. If the council fails to take action on the request within 45 days of its filing, the board's decision on the request will be deemed final. Sec. 86.509. Exemptions. ( a) The following properties will be exempt from the provisions of this article, in accordance with state law: (1) Property with proper construction and maintenance of a wholly sufficient and privately owned drainage system; (2) Property held and maintained in its natural state, until the time that the property is developed and all of the public infrastructure constructed has been accepted by the city for maintenance; and (3) A subdivided lot, until a structure has been built on the lot and a certificate of occupancy has been issued by the city. (b) The user has the burden of proof when claiming an exemption under this article and must provide the director information reasonably required by the director to make a determination. Failure to timely provide information requested by the director is a sufficient reason to deny a requested exemption. Sec. 86.510. Flood; nonpoint source pollution control; liability. Floods from drainage runoff may occasionally occur which exceed the capacity of the drainage system. In addition, surface water stagnation and pollution arising from nonpoint source runoff may occasionally occur which exceed the capacity of the drainage system. This article does not imply that benefitted properties will always be free from flooding or flood damage, surface water stagnation or nonpoint source pollution or that all possible flood control and water treatment projects to control the quantity and quality of runoff can be constructed cost-effectively. Nothing whatsoever in this article should be construed or be deemed to create additional duties or liability on the part of the city for any damages incurred in any flood or from adverse water quality due to drainage runoff. Nothing in this article should be deemed to waive the city's immunity under state law or affect the need for flood insurance. SECTION 2. Chapter 2, Article 3, Division 7, Citizens' Storm Drainage Advisory Board, of the San Marcos City Code is amended as follows (underlining indicates added language; an ove.rstrike indicates deleted language): DIVISION 7. CITIZENS' STOIL\f DRAINAGE ADVISORYBOARD Sec. 2.191. Established; membership; terms. There is established a citizens' storm drainage advisory board. The board consists of nine five citizens of the city, eight of whom will be appointed by the city council to represent distinct geographic areas of the city, and the remaining one will be an at-large representative of nonresidential users of the drainage utility chmactcrized by similm drainage and ~atcrshed bOtl1'ldMie,s delineated 011 the stornl~atcr mana~e,mcnt mea map. A citizen appointed to represent a geographical area must reside in the geographical area the citizen is appointed to represent. ThG dry secrctm)'s office, is the repositol) for the stormwatcr matlagemcnt alea map. The mayor and luayor pro tem will each appoint one at-large member to the. board. The board members serve two-year staggered terms. Annually, at the first meeting after-eaeh appointments are made, the board will elect a chairperson and a vice-chairperson. Sec. 2.192. Rules and regulations; quorum. DU07-12-99.wpd Page 6