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127 ORDINANCE 1987-145 ~ EitJN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, 1:......,.;..1. ENDING THE SAN MARCOS CODE OF ORDINANCES BY THE ADDITION OF ~APTER 5 ARTICLE V, ENTITLED "PUBLIC RIGHT-OF-WAY ACCESS ~'c DINANCE" , REGULATING THE SITING, DESIGN AND CONSTRUCTION OF ~~IVEWAYS WHICH ACCESS PUBLIC STREETS, BY DEFINING TERMS; ~.).,8EQUIRING CONSTRUCTION PERMITS; AUTHORIZING THE CITY ENGINEER TO =,8:TERMINE THE EFFECTS OF CONSTRUCTION UPON THE RIGHT OF THE PUBLIC ~¥b FREE AND UNHAMPERED PASSAGE OVER PUBLIC STREETS AND SIDEWALKS AND UPON THE PUBLIC SAFETY, TO DETERMINE THE ADEQUACY OF CONSTRUCTION MATERIALS, AND TO PROMULGATE DESIGN STANDARDS; SETTING REQUIREMENTS FOR CONTRACTORS; ESTABLISHING PERMIT FEES AND TERMS; EXEMPTING CERTAIN CONSTRUCTION FROM COMPLIANCE; PROVIDING PENALTIES; PROVIDING FOR APPEALS; PROVIDING FOR SEPARABILITY; AND DECLARING AN EFFECTIVE DATE. g BE IT TEXAS: ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, Part 1. That the Code of Ordinances, City of San Marcos, Texas, is hereby amended by adding Article V, to Chapter 5 of the City Code, to be titled "Public Right-of-Way Access Ordinance", which article reads as follows: ARTICLE V PUBLIC RIGHT-OF-WAY ACCESS ORDINANCE Sec. 5-100 Findings and objectives. The City Council of the City of San Marcos, the following findings: Texas, hereby makes 5-100.01 That the right of the public to free and unhampered passage over the public streets and sidewalks of the City of San Marcos shall be held paramount over the convenience of access to abutting private properties. 5-100.02 That the City of San Marcos must be able to exercise a reasonable measure of control over the placement and quality of access to city streets and over the timing and quality of construction of access ways in order to assure that the public can use city streets safely. 5-100.03 That the City of San Marcos should be able to exercise necessary control, that the City Council of the City of San Marcos desires to adopt standards for the provision of access. Sec. 5-200 Definition of terms. When used follows: in this ordinance, these terms shall defined be as ( 1) Channelization. curbed barriers desired line of certain turning safety hazards. The use of traffic lane markers and/or to force vehicular traffic to follow a travel, often used to deny vehicles movements which would create traffic (2 ) City Council. Marcos, Texas. The City Council of the City of San (3 ) Cit~ Engineer. The person who holds the position of City Engineer of the City of San Marcos, or his/her designated representative. (4 ) Cit~ Secretary. The person who holds the position of City Secretary of the City of San Marcos, or his/her designated representative. -1-