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ORDINANCE 2011- 24 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS, REPEALING CHAPTER 74, STREETS AND <br />SIDEWALKS, ARTICLE 4, PERTAINING TO PUBLIC RIGHT -OF -WAY <br />CONSTRUCTION AND REPLACING IT WITH A REVISED ARTICLE 4, <br />AND RENUMBERING; INCLUDING PROCEDURAL PROVISIONS; AND <br />PROVIDING AN EFFECTIVE DATE. <br />RECITALS: <br />1. The City is charged with maintaining control of and access to the Right -of -Way in <br />order to protect the health, safety and welfare of its citizens; and <br />2. The City Council finds that there is an increasing demand for use of the Right -of- <br />Way; and <br />3. SECTION 283 OF THE TEXAS LOCAL GOVERNMENT CODE (the "Act ") sets forth <br />certain regulations governing municipalities and Certificated Telecommunications Providers <br />( "CTPs "). It is the City's intent to comply with these regulations while exercising its police <br />powers to manage its rights -of -way; and <br />4. This ordinance promotes compliance with the Texas Utilities Code; <br />5. The City Council hereby finds and determines that the adoption of the following <br />ordinance incorporating such revisions and amendments is in the interest of the public health, <br />welfare and safety. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />SECTION 1. Chapter 74, Streets and Sidewalks, Article 4, Public Right -of -Way Construction <br />of the Code of Ordinances is amended as follows (underlining indicates added text; stfikethFOtlgh <br />indicates deleted text): <br />Sec. 74.151. - Definitions. <br />In this Article: <br />Certificated telecommunications <br />provider <br />(CTP) means a Person who has been <br />issued a <br />Certificate of Convenience and <br />Necessity <br />Certificate of Operating Authority, or <br />Service <br />Provider Certificate of Operating <br />Authority <br />by the Public Utility Commission ( "PUC ") <br />to offer <br />1 <br />