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ORDINANCE NO. 2018-11 <br /> AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br /> MARCOS, TEXAS, AMENDING SECTION FOUR OF THE DESIGN <br /> MANUAL FOR THE INSTALLATION OF NETWORK NODE SUPPORT <br /> POLES AUTHORIZED BY ORDINANCE 2017-56 TO ESTABLISH A <br /> DAILY PENALTY OF $500 FOR FAILURE TO RELOCATE <br /> IMPROPERLY PLACED EQUIPMENT; REPEALING ALL <br /> ORDINANCES IN CONFLICT; AND ESTABLISHING AN EFFECTIVE <br /> DATE. <br /> BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br /> TEXAS: <br /> SECTION 1. Section 4(B)(4)(b) of the City of San Marcos Design Manual for the <br /> Installation of Network Nodes and Node Support Poles authorized by Ordinance 2017-56 is <br /> hereby amended to read as follows: <br /> b. Notice to Remove unauthorized facilities and relocate and penalty: <br /> After 30 days' notice to remove of Network Node facilities, Node Support Poles <br /> or ground equipment that is located in the incorrect permitted location, if not <br /> relocated the Network Provider shall be subject to a penalty of $500 per day <br /> penalty until the Network Node facilities, Node Support Poles or ground <br /> equipment is relocated to the correct area within the permitted Location, <br /> regardless of whether or not the Network Provider's contractor, subcontractor, or <br /> vendor installed the Network Node facilities, Node Support Poles or ground <br /> equipment in strict conformity with the City Rights-of-way management ord., and <br /> other applicable ordnances concerning improperly located facilities in the rights- <br /> of-way. <br /> SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is <br /> held unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this <br /> ordinance will continue in force if they can be given effect without the invalid portion. <br /> SECTION 3. All ordinances and resolutions or parts of ordinances or resolutions in <br /> conflict with this ordinance are repealed. <br /> SECTION 4. This ordinance shall become effective upon its adoption on second <br /> reading. <br /> CONSIDERED AND APPROVED on first reading on May 1, 2018. <br /> CONSIDERED, APPROVED, AND ADOPTED on second reading on May 15, 2018. <br /> 1 <br />