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Thursday, October 3, 2024 at 1:26 AM
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City council to seek legal counsel over possible water code violations

City council to seek legal counsel over possible water code violations

The San Marcos City Council will consult with an attorney in response to possible water code violations during Tuesday’s meeting.

The city council will hold an executive session discussion to receive advice from legal counsel regarding  provisions in the Texas Water Code that prohibit a special utility district from serving areas outside the district’s boundaries that are located within the corporate limits of a city without first securing the city’s consent by ordinance or resolution.

In other business, the council will consider the approval of Resolution 2022-235R in its consent agenda, confirming that the City of San Marcos has not “consented, by ordinance or resolution, for Crystal Clear Special Utility District (CCSUD) to provide potable water service to Hillert Tract,” according to the agenda.

According to Sec. 70.052 of San Marcos City Code and pursuant to the Texas Water Code (TWC), when approving the creation of a special utility district, the city council must determine that the district is not likely to be annexed by the city or be served by city water and wastewater within three years.

Hillert Tract spans 563.199 acres and was annexed into city limits in 2008.

TWC Section 65.016 also states that special districts may be required to obtain city approval for constructing facilities to serve land within the city’s corporate limits.

CCSUD is the primary water supplier for Comal County and serves the City of Martindale and parts of Hays County.

Council will also consider approval of Resolution 2022-236R, extending the wastewater line within Jaycee’s Park located at 1907 Lancaster street beyond the Public Utility and Drainage Easement “for the purpose of protecting existing trees from being cut or damaged,” according to the agenda.

Other wastewater management initiatives to be discussed at council include increasing the installation and use of purple pipes. City council will consider whether to increase purple pipes through the city’s Community Improvements Plan (CIP), or if a development code update is necessary for larger sized developments.

Purple pipes are pipes through which reused water — treated water that often has worked its way through a community’s sewage system — flows, according to an article published by the Arizona Department of Water Resources.

Other items

The San Marcos City Code may see slight revisions, depending on the city council’s vote on Tuesday.

The proposed amendments apply to city code Chapter 2, Article 3 - Boards, Committees and Commissions - and relate to the procedural provisions and composition of the Neighborhood Commission.

Other items on the docket are name dedications. City council will consider approval to name the natural area at 2035 Bishop Street commonly known as the “Buie Tract” as the “River Recharge Natural Area” and approval to name alleys after movies primarily filmed in San Marcos.

City council will also vote on Resolution 2022-230R, an agreement with Enterprise Fleet Management, Inc. for the lease and maintenance of 62 vehicles and the purchase of equipment for $801,957.

To view the full agenda packet, visit http://sanmarcostx.gov/AgendaCenter.


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