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31 ORDINANCE NO. 1973 - 60 AN ORDINANCE AMENDING SECTION 23-1, "PLACING CIRCULARS, ETC., ON UTILITY POLES PROHIBITED.", OF ARTICLE I, CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF SAN MARCOS BY PROVIDING FOR A PERMIT TO PLACE CIRCULARS, ETC. ON UTILITY POLES AND ESTABLISHING REGULATIONS PURSUANT TO SUCH PERMITS BY ADDING SECTION 23-2 AND 23-3 TO ARTICLE I, CHAPTER 23 OF SAID CITY CODE. I WHEREAS, the City Council of the City of San Marcos has considered permitting the placement of circulars, etc. on utility poles subject to regulations made and provided herein; and WHEREAS, the City Council is of the opinion that such action necessary to implement the considerations Should be taken; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: 1. That Sec. 23-1 of Chapter 23, Article I of the City Code of the City of San Marcos, Texas be amended to read as follows: Sec. 23-1. Placing circulars, etc. on utility poles - deposit and permit required. Any person or organization wishing to place circulars, handbills, posters, and any other similar printed material on utility poles within the corporate limits of San Marcos shall post a Fifty Dollar ($50.00) deposit with the Chief of POlice, who upon receipt of such deposit shall issue to applicant a permit to place printed material on utility poles within the City. Such deposit is required to secure the proper performance of all agreements made between applicant and the City of San Marcos. I 2. That Chapter 23, Article I of said Code be extended by adding Sections 23-2 and 23-3 providing regulations pursuant to issuance of said permit and to read as follows: Sec. 23-2. Same - conditions for refunding of deposit. Upon making application and deposit of Fifty Dollars ($50.00) with the Chief of Police, applicant shall agree to remove all circulars, etc. placed on utility poles within the City within forty-eight (48) hours after the event, election, or occurrence for which purpose the permit was obtained. In addition to the above, applicant shall agree to attach the circular, poster, etc. to the utility pole by use of a stapler or staple equipment only. Failure by applicant to comply with the above stated agreements shall be grounds for refusal to refund deposit. Sec. 23-3. Same - responsibility. Final responsibility for compliance with the article shall lie with the applicant for such permit, and when such application is made by any campaign candidate or party, final responsibility for compliance with this article shall be with the campaign manager or local party chairman. I 3. This ordinance shall become effective ten (10) days from and after its final passage. PASSED AND APPROVED on first reading October 23, 1973. PASSED AND APPROVED on second reading November 12. 1973. PASSED, APPROVED AND ADOPTED November 26, 1973. ~~~ 4, bL,A'Qe04-2 Eddy N. Etheredge pc Mayor ATTEST: L~ City secretary ~z- City Attorney