Ord 2018-004/amending various sections of the San Marcos City Code for consistency with, or to complement concurrent adoption of the new San Marcos Development Code (“CodeSMTX”);

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(€e) If the director disapproves an application for a public-right-of-way construction permit and denies it, the applicant shall be notified of this action in writing via certified mail. This notice shall include a statement of the reasons for disapproval and denial. An application for a public-right-of-way construction permit may only be denied for the following reasons, which are not subject to appeal: (1) The contents of the application do not fulfill the requirements outlined in this article and/or as prescribed in the city right-of-way construction policies and procedures as promulgated by the director. (2) The design and/or materials proposed for execution of the construction do not meet the standards prescribed in the city right- of-way construction policies and procedures or the manual for design and construction. (gO Special procedures for emergency operations are as follows: (1) Any person who initiates emergency operations in a public right-of- way shall notify the police department and the fire department before initiating construction. (2) On the first working day following the initiation of emergency operations, the person initiating the operations shall perform all actions prescribed by this article and/or by the regulations promulgated pursuant to this article for issuance of a public right- of-way construction permit. (3) Any person who initiates emergency operations shall contact the Texas One-Call System or any other company operating under the One-Call Statute and, to the extent required by Chapter 251 of the Texas Utilities Code, as amended, make inquiries of all ditch companies, utility companies, districts, local government departments, and all other ROW users that might have facilities in the area of work to determine possible conflicts in a public right-of- way shall notify the Dig-Tess service or other appropriate emergency line and utility location entities as required by state statute. SECTION 23. Chapter 74, Article 4, Public Right-of-Way Construction, Section 74.156 of the San Marcos City Code is hereby amended as set forth below. Sec.74.156. Construction requirements, bonds and insurance. (a) The director shall promulgate requirements to be met by any contractor who performs construction within public right-of-way. These