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ORDINANCE NO. 2012-18 AN ORDINANCE OF THE CITY COUNCIL OF THE OF THE CITY OF SAN MARCOS, TEXAS AMENDING SECTION 1.5.1.4 OF THE SAN MARCOS LAND DEVELOPMENT CODE TO PROHIBIT MODIFICATION OF THE BOUNDARIES OF PROPERTY DESCRIBED IN A PETITION FOR A ZONING MAP AMENDMENT AFTER A WRITTEN PROTEST PETITION REQUIRING A SUPER - MAJORITY VOTE OF THE CITY COUNCIL HAS BEEN SUBMITTED; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF ANY CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Section 1.5.1.4, subsection (e) of the San Marcos Land Development Code is hereby amended to read as follows (new language is underlined): (e) Super - Majority Vote. In each of the following circumstances, a zoning amendment shall not become effective except by the favorable vote of three - fourths of all members of the City Council: (1) When a written protest against the amendment is signed by the owners of 20 percent or more of either the area of the lots or land included in the proposed change, or of the lots or land adjoining or within 200 feet of the lots or land. In computing the percentage of land area, the area of streets and alleys shall be included in the computation. For purposes of this subsection, the following shall apply: a. The written protest of any one owner of land owned by two or more persons shall be presumed to be the protest of all such owners. b. The written protest must be submitted to the City Clerk at least five business days before the date of the meeting at which the proposed change is to be considered. C. A person who wishes to withdraw a signature from a written protest must submit a signed, written request for the withdrawal to the City Clerk by the deadline for submitting a written protest. A signature may not be otherwise withdrawn.