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SECTION 21. Chapter 74, Article 3, Sidewalks, of the San Marcos City Code is hereby <br /> amended by adding a new Section 74.128 as set forth below. <br /> Sec. 74.128. Requirements for sidewalks in existing platted subdivisions. <br /> Sidewalks are required with all new construction and shall be completed <br /> prior to issuance of a certificate of occupancy. <br /> Sees. 74.1289--74.150. Reserved. <br /> SECTION 22. Chapter 74, Article 4, Public Right-of-Way Construction, Sections 74.153 <br /> and 74.154 of the San Marcos City Code are hereby amended as set forth below. <br /> Sec. 74.153. Penalties. <br /> (a) An offense under this article is a Class C misdemeanor and, any <br /> person upon conviction thereof, shall be subject to a fine as provided in section <br /> 1.015 of the San Marcos Code. However,an offense under this article that breaches <br /> or endangers the integrity of a water line,waste water line, or other public utility is <br /> a threat to public health and sanitation and is punishable by a fine not to exceed the <br /> fine provided for in the San Marcos Code subsection 1.015(a). <br /> (b) A culpable mental state is not required for commission of an offense <br /> under this article. <br /> (c) Each and every day or portion thereof that such violation shall <br /> continue shall be deemed to constitute a separate offense. <br /> (d) In addition to the penalties prescribed in chapter 1, section 1.015: <br /> (1) Any person holding a{alis right-of-way construction permit who <br /> violates this article is subject to revocation of the permit which is <br /> being violated; and <br /> (2) Any person violating this article is liable to the city for any expense, <br /> loss or damage resulting from the violation. <br /> Sec. 74.154. Permit. <br /> (a) Any person desiring to carry on construction within a public right- <br /> of-way shall apply to the director for a permit to carry on construction. The permit <br /> shall be termed a `public right of way construction permit." A Temporary Road <br /> Closure permit must also be obtained as prescribed in section 74.027. <br /> (1) The director shall promulgate forms, policies and procedures to <br /> • <br /> facilitate the applications, including but not limited to requirements <br />