Ord 2015-049/amending Section 74.027 of the San Marcos City Code to allow temporary street closures for certain purposes

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five business days prior to the initiation of a closure for activities under subsection (b)(1) and ten business days prior to the fequesteEinitiation of the a- closure for all other activities under subsection (b). (d) An application shall be accompanied by a fee established by the city council. This fee is not refundable. (e) The application form shall contain an agreement by the applicant to reimburse the city for direct expenses associated with the street closure, including barricading, cleanup and police security. The form shall also contain a waiver and indemnification agreement in a form approved by the city attorney and, when deemed necessary by the city manager, require the applicant to provide liability insurance that names the city as an additional insured, in amounts determined by the city manager or his designee based on the nature and scope of the proposed activity. (f) The city manager may deny a requested temporary street closure for any of the following reasons: (1) The application is incomplete or contains any false or misleading information. (2) The application is submitted after the deadline described in subsection (c) of this section. (3) All or part of the area requested for closure has already been permitted for closure to a different applicant. (4) The area requested for closure is of a location, size or nature that it requires an unreasonable diversion of traffic flow on affected streets. (5) Adequate traffic control and related safety plans cannot reasonably be developed by the date(s) and time(s) originally requested by the applicant. (6) Adequate personnel and resources necessary to facilitate or monitor the closure are unavailable at the date(s) and time(s) requested (7) The activity for which the closure is requested presents an unreasonable threat to public health, safety or peace including but not limited to damage to property, injury to persons, excessive noise and emission or discharge of noxious or toxic fumes or chemicals. (g) A permit for a temporary street closure issued by the city manager shall specify the dates, times and location of the closure, which may correspond with or differ from those requested by the applicant.