Ord 2019-045/amending various sections of the City's development code, address typographical and technical errors, implement recommendations of the HPC to restrict the painting of masonry in the Downtown Historic District, etc.

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ORDINANCE NO. 2019-45 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING VARIOUS SECTIONS OF THE CITY'S DEVELOPMENT CODE TO, AMONG OTHER THINGS, ADDRESS TYPOGRAPHICAL AND TECHNICAL ERRORS, IMPLEMENT RECOMMENDATIONS OF THE HISTORIC PRESERVATION COMMISSION TO RESTRICT THE PAINTING OF MASONRY IN THE DOWNTOWN HISTORIC DISTRICT, AND TO IMPLEMENT CHANGES IN RESPONSE TO NEW LAWS ENACTED DURING THE 2019 LEGISLATIVE SESSION; AMENDING SECTION 86.188 OF THE SAN MARCOS CITY CODE TO REQUIRE NEW DEVELOPMENT TO HAVE UNDERGROUND ELECTRIC UTILITIES, TO REQUIRE OVERHEAD ELECTRTIC SERVICE INSTALLATIONS TO BE ON STEEL POLES, AND TO ESTABLISH CERTAIN STANDARDS FOR ELECTRIC EASEMENTS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF ANY CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. RECITALS: 1. The City Council hereby finds and determines that the adoption of the following ordinance is in the interest of the public health, welfare and safety. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. The City's Development Code, Subpart B of the San Marcos City Code, and Section 86.188 of the San Marcos City Code, are each amended as set forth in Exhibit A, attached hereto and made a part hereof for all purposes. Added text is indicated by underlining. Deleted text is indicated by strikethroughs. SECTION 2. In codifying the changes authorized by this ordinance, paragraphs, sections and subsections may be renumbered and reformatted as appropriate consistent with the numbering and formatting of the San Marcos City Code. SECTION 3. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 4. All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed. SECTION 5. This ordinance will take effect after its passage, approval and adoption on second reading.