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128 ORDINANCE 1987- 146 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, ENDING THE CODE OF ORDINANCES OF SAID CITY TO INCLUDE AN PPENDIX I, TO BE ENTITLED "PUBLIC RIGHT-OF-WAY CONSTRUCTION RDINANCE", REGULATING THE SITING, DESIGN AND CONSTRUCTION WITHIN HE PUBLIC RIGHT-OF-WAY BY DEFINING TERMS; REQUIRING PERMITS FOR (~ONSTRUCTION; SETTING REQUIREMENTS FOR CONTRACTORS PERFORMING ~~ONSTRUCTION; ESTABLISHING PERMIT FEES; PROVIDING A PERMIT TERM; tSBXEMPTING CERTAIN CONSTRUCTION FROM COMPLIANCE; PROVIDING PENALTIES; PROVIDING FOR APPEALS; PROVIDING FOR SEPARABILITY; AND DECLARING AN EFFECTIVE DATE. 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 Appendix I, .Public Right-of-Way Construction Ordinance., as follows: Sec. 100 101.00 102.00 103.00 104.00 APPENDIX I PUBLIC RIGHT-OF-WAY CONSTRUCTION ORDINANCE Public right-of-way construction permit. After the effective date of this ordinance, any person desiring to carryon construction within a public right-of-way of the City of San Marcos shall apply to the Director of Public Works for a permit to carryon construction. The permit shall be termed a .public right-of-way construction permit.. 101.01 The Director of Public Works shall promulgate forms, policies, and procedures to facilitate such applications, including but not limited to requirements for plans and specifications to govern construction, a copy of which forms, policies, and procedures as well as any and all amendments thereto are on file in the Office of the City Secretary. 101.02 The City Engineer shall promulgate design and materials standards for the placement or replacement of any pavements, curbs, gutters, sidewalks, inlets, waterlines, wastewater lines, or any other public facility which may be included in or disturbed by any such construction, a copy of which standards as well as any and all amendments thereto are on file in the Office of the City Secretary. A fee shall be paid to the City of San Marcos upon application for a public right-of-way construction permit. The amount of the application fee shall be established by Resolution of the City Council. The amount of the fee currently in force shall be kept on file in the office of the City Secretary. No application shall be considered to have been received by the City of San Marcos until the fee has been paid. The Director of Public Works shall act to grant or deny a public right-of-way construction permit within ten (10) working days of the date that application for the permit is received by the City. Failure to act within that time shall result in the application being approved and the public right-of-way construction permit being issued on the following working day. When acting to approve an application and to grant a public right-of-way construction permit, the Director of Public Works: -1-