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<br />AN ORDINANCE OF THE CITY COUNCIL OF THE
<br />CITY OF SAN MARCOS, TEXAS, AMENDING
<br />CHAPTER 23 OF THE CODE OF ORDINANCES
<br />OF SAID CITY, ENTITLED "PUBLIC UTILITIES",
<br />BY REPEALING ARTICLE I, ENTITLED "IN
<br />GENERAL" OF SAID CHAPTER, AND SUBSTITUTING
<br />IN ITS PLACE A NEW ARTICLE I, ENTITLED
<br />"PLACEMENT OF ADVERTISEMENTS, HANDBILLS,
<br />CIRCULARS, POSTERS, OR PIECES OF PAPER ON
<br />UTILITY POLES WITHIN THE CITY OF SAN MARCOS,
<br />TEXAS"; DESIGNATING PERSONS TO BE
<br />RESPONSIBLE FOR REMOVING ADVERTISEMENTS,
<br />HANDBILLS, CIRCULARS, POSTERS, OR PIECES
<br />OF PAPER FOUND ON UTILITY POLES WITHIN THE
<br />CITY OF SAN MARCOS, TEXAS, SUBSEQUENT TO
<br />THE EFFECTIVE DATE OF THIS ORDINANCE; AND
<br />SETTING AN EFFECTIVE DATE.
<br />
<br />WHEREAS, persons wishing to place circulars, handbills,
<br />posters or other similar printed material on utility poles
<br />within the corporate limits of San Marcos, Texas, may
<br />presently do so upon submission of a fifty dollar ($50.00)
<br />deposit and agreement to remove said material within forty-
<br />eight (48) hours after the event, election or occurrence for
<br />which purpose the permit was obtained; and,
<br />
<br />WHEREAS, the City Council of the City of San Marcos,
<br />Texas, has determined that said present procedure is difficult
<br />to enforce fairly and efficiently, that the presence of said
<br />printed materials on utility poles within the City is unsightly
<br />and detracts from the physical beauty of San Marcos and, in
<br />addition, that the presence of said printed material constitutes
<br />a safety hazard to personnel who must service the poles; now,
<br />therefore,
<br />
<br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS,
<br />TEXAS:
<br />
<br />SECTION 1. That Article I, entitled "In General" of
<br />Chapter 23 of the Code of Ordinances of the City of San Marcos,
<br />Texas, entitled "Public Utilities" be, and is hereby, repealed.
<br />
<br />SECTION 2. That a new Article I be, and is hereby,
<br />substituted in place of said repealed Article I and be, and is
<br />hereby, entitled "Placement of Advertisements, Handbills,
<br />Circulars, Posters, or Pieces of Paper on Utility Poles Within
<br />the Corporate Limits of the City of San r1arcos, Texas," to read
<br />as follows:
<br />
<br />Article I. Placement of Advertisements,
<br />Handbills, Circulars, Posters, or Pieces
<br />of Paper on Utility Poles Within the
<br />Corporate Limits of the City of San Marcos,
<br />Texas.
<br />
<br />Section 23-1. Placement prohibited.
<br />
<br />No person shall post, nail, paste, or other-
<br />wise attach or affix to any telephone pole,
<br />electric pole or any other public utility
<br />pole located within the corporate limits of
<br />the City of San Marcos, Texas, any advertise-
<br />ment, handbill, circular, poster or piece of
<br />paper.
<br />
<br />Section 23-2. Authority to Remove.
<br />
<br />The City Manager of the City of San Marcos,
<br />Texas, or a person designated by the City
<br />Manager shall have the authority and the duty
<br />
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