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<br />r ~,~ <br />0")1 ~ <br />liJ ~ "C) <br />~~.. ~ <br />-'. <br /> <br />173 <br /> <br />>-~ <br />0::;:0 <br />cc.... <br />1'-<<1 <br />WZ <br />0:::= <br />c.:><<I <br />w en <br />en_ <br />o <br /> <br />ORDINANCE 1999----65 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS AMENDING SECTIONS 110.001 AND 110.045 OF THE <br />CITY CODE TO UPDATE TERMINOLOGY REGARDING LAND <br />SURVEYORS; PROVIDING FOR PENAL TIES; AND INCLUDING <br />PROCEDURAL PROVISIONS. <br /> <br />RECITALS: <br /> <br />1. The Planning and Zoning Commission conducted a public hearing on Ma y 25, 1999 <br />regarding an amendment to the Subdivision Chapter of the City Code to update terminology <br />regarding land surveyors, and has recommended that the amendment be approved by the City <br />Council. <br /> <br />2. The City Council held a public hearing on the proposed amendment on July 12. 1999. <br /> <br />3. All requirements of the Subdivision Chapter of the City Code and of Chapter 212 of the Texas <br />Local Government Code pertaining to subdivision ordinance amendments have been met, and the <br />City Council finds and determines that the adoption of this ordinance is in the interest of the public <br />health, morals, welfare and safety. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />SECTION 1. The definition of "surveyor" in Section 110.001 of the City Code is amended as <br />follows (Underlining indicates added language; OvCI5ttik~ indicates deleted language): <br /> <br />Surveyor means a licensed state land surveyor or a registered professional land pttbJ:ie surveyor, <br />as authorized by state statutes, to practice the profession of surveying. <br /> <br />SECTION2. Section 11O.045(b)(5)g. of the City Code is amended as follows (underlining indicates <br />added language and OvcI5ttikc indicates deleted language): <br /> <br />g. Surveyor's certificate to be placed on the subdivision plat to read as <br />follows: <br /> <br />I, the undersigned, a registered professional land pttbJ:ie surveyor in the <br />state, hereby certify that this plat is true and correctly made and is <br />prepared from an actual survey on the property made under my <br />supervision on the ground and that the comer monuments were properly <br />placed under my supervision. <br /> <br />(Surveyor Seal) <br /> <br />Registered Professional Land rublic Land <br />Surveyor RPS # <br /> <br />SECTION 3. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be <br />unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance <br />will continue in force if they can be given effect without the invalid portion. <br /> <br />SECTION 4. All ordinances and resolution or parts of ordinances or resolutions in conflict with <br />this ordinance are repealed. <br /> <br />SECTION 5. Any person violating any provision of this ordinance commits a misdemeanor and <br />is subject to the penalty provided in Section 1.015 ofthe San Marcos City Code upon conviction. <br /> <br />SECTION 6. This Ordinance will take effect 10 days after the date of its final passage, and the City <br />Secretary will publish notice of its adoption in a newspaper of general circulation in the City. <br /> <br />PASSEDANDAPPROVEDonfirstreading July 12, 1999. <br />