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~.~ i= ~J 132 i..¡1 'D ,~ ¡;:; l!!!' -- c:..;, ¡;: "'l~' \.U~ ~ - :n !I!" - .~ >- '1!5 - a.~ ~ ãB ORDINANCE 1993- 40 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, DELEGATING CERTAIN AUTHORITY TO PERMIT THE TEMPORARY CLOSURE OF CITY STREETS TO THE CITY MANAGER; PROVIDING FOR SEVERABILITY; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has traditionally performed the role of granting permission for the temporary closure of city streets for public festivals and ceremonies and civic functions; and, WHEREAS, the City Council wishes to delegate this role to the city Manager under the conditions contained in this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That Chapter 25, Streets and Sidewalks, of the San Marcos Code of Ordinances is amended by adding a new Section 25-10 to read as follows: Sec. 25-10. Temporarv Street Closures. .. (a) The city manager may permit the temporary closure of a public street within the city in accordance with this section. (b) Temporary street closures are allowed only for public festivals and ceremonies and civic functions. Temporary street closures shall not be allowed for any activity having as its principal purpose the production of profit for any for-profit individual, company, association or corporation. ' (c) A person wishing to apply for a temporary street closure shall submit a completed application on a form prescribed by the city manager not later than seventy-two (72) hours prior to the requested initiation of the closure. (d) An application shall be accompanied by a fee as set by the city council by separate ordinance. This fee is not refundable. (e) The application form shall contain an agreement by the applicant to reimburse the city for direct expenses associated with the street closure, including barricading, clean-up, and police security. The form shall also contain a waiver and indemnification agreement in a form approved by the city attorney. (f) The city manager may deny a requested temporary street closure for any of the following reasons: (1) The application is incomplete or contains any false or misleading information; (2) The application is submitted after the deadline described in subsection (c) above; (3) Allor part of the area requested for closure has already been permitted for closure to a different applicant; (4) The area requested for closure is of such a location, size or nature that it requires an unreasonable diversion of traffic flow on affected streets; ',",