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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />SECTION 1. The Amended and Restated Planned Development District Standards for <br />the McCarty Commons Planned Development District, attached hereto as Exhibit "A" and made <br />a part hereof (the "Regulations ") are hereby adopted. <br />SECTION 2. The Regulations shall regulate the development of the Project Site. The <br />Project Site will be bound by the provisions of the Regulations as though they were conditions, <br />restrictions and limitations on the use of the Project Site under the City's zoning ordinances. <br />Any person, firm, corporation or other entity violating any provisions of the Regulations, as <br />amended, shall be subject to all penalties that apply to violations of the zoning ordinances of the <br />City of San Marcos, as amended. Any person, firm, corporation or other entity violating any <br />provisions of the Regulations, as amended, shall be subject to a suit by the City for an injunction <br />to enjoin the violation as though the Regulations, as amended, were conditions, restrictions and <br />limitations on the use of the Project Site under the City's zoning ordinances. <br />SECTION 3. Any person violating any provision of this ordinance commits a <br />misdemeanor and is subject to the penalty provided in Section 1.015 of the San Marcos City <br />Code upon conviction. <br />SECTION 4. 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 />SECTION 5. All ordinances and resolutions or parts of ordinances or resolutions in <br />conflict with this ordinance are repealed. <br />SECTION 6. This ordinance will take effect immediately after its passage, approval and <br />adoption on second reading. <br />PASSED AND APPROVED on first reading on May 7, 2013. <br />PASSED, APPROVED AND ADOPTED on second reading on May 28, 2013. <br />(1 / J I S:� <br />niel Guerre <br />Mayor <br />Attest: Approved: <br />1 , <br />Jami Lee ttijohn ichael J. ntino <br />City k City Atto <br />