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<br />63
<br />
<br />ORDINANCE 1985-5
<br />cy,
<br />
<br />
<br />AN ORDINANCE OF 'IRE CITY COUNCIL OF 'IRE CITY OF SAN
<br />MARCOS, TEXAS, AMENDING SECTION B OF ARTICLE II,
<br />DEFINITIONS, OF APPENDIX C (SUBDIVISION ORDINANCE) OF 'IRE
<br />CODE OF ORDINANCES OF SAID CITY 'IO ADD ffiBSECTION 40.1 ,
<br />PRIVATE SEWAGE FACILITIES, AND 'ill DELETE SUBSECTION 49
<br />(,f'\ AND 'IO SUBSTITUTE THEREFOR A NEW ffiBSECTION 49; AMENDING
<br />II'-! SECTION D OF ARTICLE V, PROCEDURES, OF SAID APPENDIX OF
<br />SAID CODE 'IO ADD A SUBSECTION 'IO BE NUMBERED 4 ( C) ,
<br />\ CONTENTS OF 'IRE ENVIRONMENTAL IMPACT STATEMENT AND
<br />ACCOMPANYING MAPS; AMENDING SECTION F OF ARTICLE VI ,
<br />SUBDIVISION DESIGN REQUIREMENTS, OF SAID APPENDIX OF
<br />SAID CODE 'IO ADD 'IW) PARAGRAPHS AT THE END OF SAID
<br />SECTION F 'IO PROVIDE THAT TITLE 31, PART 331, SUBCHAPTER
<br />A OF 'IRE TEXAS WATER CODE AND RULES OF 'IRE TEXAS WATER
<br />DEVEIDPMENT roARD FOR THE EDWARDS AQUIFER ARE ADOPTED AS
<br />CRITERIA 'IO BE FOLLCWED IN THOSE roRTIONS OF SAID CITY
<br />AND ITS EX1RATERRI'IORIAL JURISDICTION WHICH LIE WITHIN
<br />THE OUTCROP OF THE ErWARDS AND ASOOCIATED LIMES'IONE, AND
<br />'IO PROVIDE THAT PRIVATE SEWAGE FACILITIES ON IDTS WITHIN
<br />SAID OUTCROP OR SUCH FACILITIES WHICH PENETRATE SAID
<br />EDWARDS AND ASSJCIATED LIMES'IONE SHALL NOT BE LICENSED OR
<br />PERMITTED BY THE CITY HEALTH OFFICIAL UNLESS SUCH IDTS
<br />AND FACILITIES MEET THE STANDARDS FOR IDTS AND PRIVATE
<br />SEWAGE FACILITIES DESCRIBED IN THE RULES OF THE TEXAS
<br />WATER DEVEIDPMENT roARD FOR THE EDWARDS AQUIFER, THE
<br />DETERMINATION OF vlliETHER SUCH IDTS ARE WITHIN, OR WHETHER
<br />SUCH FACILITIES mOID PENETRATE, THE EDWARDS AND
<br />ASOOCIATED LIMES'IONE, 'IO BE MADE BY THE DIREC'IOR OF
<br />ENVIRONMENT AND ENGINEERIt\G BASED ON COMPETENT GEDLCX;ICAL
<br />INFORMATION; AMENDING SUBSECTION 1 OF SECTION H, OF
<br />ARTICLE VI, SUBDIVISION DESIGN REQUIREMENTS, OF SAID
<br />APPENDIX OF SAID CODE 'IO ADD A SENTENCE AT THE END OF SAID
<br />SUBSECTION 'IO PROVIDE THAT NO EUIIDING PERMIT SHALL BE
<br />ISSUED BY SAID CITY FOR CONSTRUCTION IF SUCH PROroSED
<br />CONSTRUCTION WILL CROSS A IDT LINE; AMENDING SECTION H OF
<br />ARTICLE VI, SUBDIVI SION DESIGN REQUIREMENTS, OF SAID
<br />APPENDIX OF SAID CODE 'IO DELETE THEREFROM SUBSECTION 3
<br />AND 'IO SUBSTITUTE THEREFOR A NEW SUBSECTION 3 'IO PROVIDE
<br />FOR MINIMUM IDT SIZES FOR IDTS WHICH UTILIZE PRIVATE
<br />SEWAGE FACILITIES AND WHICH ARE IDCATED WITHIN THE OUTCROP
<br />OF THE EDWARDS AND ASSJCIATED LIMES'IONE OR THAT PENETRATE
<br />SAID ErWARDS AND ASOOCIATED LIMES'IONE; AMENDING SECTION
<br />H OF ARTICLE VI, SUBDIVISION DESIGN REQUIREMENTS, BY
<br />ADDING A SUBSECTION 4 'IO PROVIDE FOR SPECIAL DESIGN
<br />REQUIREMENTS FOR CERTAIN IDTS BASED ON TESTS PERFORMED;
<br />DECLARING THE FURroSE OF THIS LEGISLATION 'IO BE REMEDIAL;
<br />AND DECLARING AN EMERGENCY.
<br />
<br />
<br />
<br />WHEREAS, the City of San Marcos is charged with protecting the
<br />health, safety, and welfare of its citizens; and,
<br />
<br />WHEREAS, the following amandments to Appendix C of the Code of
<br />Ordinances of the City of San Marcos, Texas, are for the purpose of the
<br />advancement of the public welfare and conducive to the public good;
<br />and,
<br />
<br />WHEREAS, these amandments correct defects or mistakes, supply
<br />regulations omitted in the forrœr law, and provide for changes in the
<br />modes of procedure; and,
<br />
<br />WHEREAS, the City of San Marcos is committed to the protection of
<br />the lliwards Aquifer, its Recharge Zone, its Associated Limestone,
<br />and other environmentally sensitive areas; and,
<br />
<br />'^lliEREAS, the City of San Marcos wants to ensure compliance with
<br />all the findings, rules, rulings, and regulations pronulgated by the
<br />Texas Water Ißvelopment Poard, 'Ihe lliwards Underground Water District,
<br />the lliwards Aquifer Research and Data Center and other agencies with
<br />jurisdiction in Hays County; and,
<br />
<br />WHEREAS, the City of San Marcos wants to make these amandments and
<br />the SUbdivision Ordinance as a whole remedial; now, therefore,
<br />
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