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15 RESOLUTION 1997- 1 R R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, ENDORSING H.B. 348 TO PROMOTE PUBLIC WELFARE, PROTECT PROPERTY VALUES, AND CURE THE ELGIN BANK COURT RULING; AND DECLARING AN EFFECTIVE DATE. . Recitals: 1. Greater than ever before, in areas adjacent to San Marcos and across the State, a significant degree of growth and new development is taking place outside of cities under the primary jurisdiction of Texas counties. 2. Te:x?s counties have traditionally been empowered to review plats for the creation of new subdivisions outside of cities, so as to insure that basic transportation and public health requirements can be provided for. 3. The exercise of these powers by Texas counties is important to the orderly and health growth of areas outside cities in a sustainable manner that protects the future residents of the subdivision and the value of surrounding properties. . < 4. The recent Elgin Bank court decision has created both opportunity and incentive for certain developments to be created without adequate infrastructure, and without proper platting and review. 5. Hays County has a history of such substandard developments, which have posed a hardship on taxpayers, endangered public health, and in some cases undermined surrounding property values. 6. Such ill-conceived or "fly by night'" developments may put legitimate, well- planned and properly reviewed subdivisions at a competitive disadvantage, and also tend to tarnish the image of the broader real estate and development industries in the public mind. 7. Unplatted and/or poor quality developments, without adequate provision made for the health and safety of subdivision residents or existing adjacent landowners, may be inadvertently "encouraged" under the Elgin Bank ruling, making it more difficult and more costly for counties, school districts, municipalities, and emergency service districts to deliver services safely and efficiently. 8. Substandard subdivision developments that counties are unable to control will impede the future growth of the City and impose unreasonable burdens on City taxpayers. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS; PART 1. That the City of San Marcos supports H.B. 348, pending in the 75th Texas Legislature, to overturn the Elgin Bank decision and to conservatively and appropriately strengthen county authority to regulate new subdivisions in order to insure the adequate health, safety, and property values for residents and neighbors. PART 2. That this Resolution is in full force and effect immediately from and after its passage. ADOPTED thislOtIday of February ,1997.