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<br />(d) In deciding an appeal, the council will use the same criteria used by the commission in <br />sections 114.572 and 114.575. The council may attach conditions to the issuance of a permit <br />as described in section 114.575. <br /> <br />SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to <br />be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this <br />ordinance will continue in force if they can be given effect without the invalid portion. <br /> <br />SECTION 3. All ordinances and resolution or parts of ordinances or resolutions in conflict <br />with this ordinance are repealed. <br /> <br />SECTION 4. Any person violating any provision of this ordinance commits a misdemeanor <br />and is subject to the penalty provided in Section 1.015 of the San Marcos City Code upon conviction. <br /> <br />SECTION 5. This Ordinance will take effect 10 days after the date of its final passage, and <br />the City Clerk will publish notice of its adoption in a newspaper of general circulation in the City. <br /> <br />PASSED AND APPROVED on first reading August 26, 2002. <br /> <br />PASSED AND APPROVED on second reading September 9, 2002. <br /> <br />PASSED, APPROVED AND ADOPTED September 23, 2002. <br /> <br />~B~/~ ) <br /> <br />Robert B. Habingreither <br />Mayor <br /> <br />Attest: <br /> <br />Approved: <br /> <br />~e.~ <br /> <br />Mark B. Taylor - 0- - <br />City Attorney <br /> <br /> <br />PUBLISHED IN THE SAN MARCOS DAILY RECORD ON TUESDAY, OCTOBER 1, 2002. <br /> <br />C:\TEMP\zoning-SUP appeals. doc <br /> <br />2 <br />