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c ~ :E -"-, ",.~ ~ ~ 8 192 u'lf ---- ==c~ itI .E -- i:j ãi) ~u O:::,~ -10 q- ~i '--J ~~ ORDINANCE 1998"" 77 < AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING SECTION 94.163(a) OF THE CITY CODE TO CLARIFY THE PROCESS FOR APPEALS UNDER THE SAN MARCOS RIVER CORRIDOR ORDINANCE PROVISIONS; INCLUDING PROCEDURAL PROVISIONS AND PROVIDING FOR PENAL TIES. RECITALS: 1. The Legal Department has recommended that Section 94.163(a) of the City Code be amended to clarify the process for appeals under the San Marcos River Corridor Ordinance provisions. 2. The Planning and Zoning Commission conducted a public hearing on the proposed amendments on August 25, 1998, and voted to recommend the approval of the amendments. 3. The City Council conducted a public hearing on the proposed amendment on OCTOBER 12 ,1998. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Section 94.163(a) of the City Code is amended as follows (underlining indicates added text and overstrike indicates deleted text): (a) Any person aggrieved by any final decision of the planning and zoning commission or city official pursuant to the administration and enforcement of under this article may appeal the decision to the city council by submitting a written request to the city secretary within 10 days after the decision. The request must include a statement of the specific basis upon which the appellant believes the decision was incorrect. The council will consider the request at its next regular meeting that is at least 10 days from the receipt of the request by the city secretary. The council will affirm. reverse or modify the decision of the planning and zoning commission pursuant to the rules and requirements of chapter 110 (pertaining to appeals of planning and zoning commission decisions). SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 3. All ordinances and resolution or parts of ordinances or resolutions in conflict with this ordinance are repealed. SECTION 4. Any person violating any provision of this ordinance commits a misdemeanor and is subject to the penalty provided in Section 1.015 of the San Marcos City Code upon conviction. SECTION 5. This Ordinance will take effect 10 days after the date of its final passage, and the City Secretary will publish notice of its adoption in a newspaper of general circulation in the City. PASSED AND APPROVED on first reading OCTOBER 121 1998 PASSED AND APPROVED on second reading OCTOBER 26 1998 PASSED, APPROVED AND ADOPTED NOVEMBER 91 1998.