SAN MARCOS CITY CODE

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Published in 1995 by Order of the City Council

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OFFICIALS

of the

CITY OF

SAN MARCOS, TEXAS

AT THE TIME OF THIS CODIFICATION

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Kathy M. Morris

Mayor

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Robert T. Mooney

Mayor Pro-Tem

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Fred Guerra

Billy G. Moore

Rick Hernandez

Ronald K. Hart
Joe B. Cox, Jr.

City Council

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Larry D. Gilley

City Manager

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Mark B. Taylor

City Attorney

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Janis K. Womack

City Secretary

CURRENT OFFICIALS

of the

CITY OF

SAN MARCOS, TEXAS

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Jane Hughson

Mayor

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Lisa Prewitt

Saul Gonzales

Ed Mihalkanin

Mark Rockeymoore
Jocabed "Joca" Marquez
Melissa Derrick

City Council

____________

Charles Daniels

Interim City Manager

Michael Cosentino

City Attorney

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Jamie Lee Pettijohn

City Clerk

Tammy Cook

Deputy City Clerk

Elizabeth Trevino

Records Management Coordinator

PREFACE

This Code constitutes a complete recodification of the general and permanent ordinances of the City of San Marcos, Texas.

Source materials used in the preparation of the Code were the 1970 Code, as supplemented through February 14, 1994, and ordinances subsequently adopted by the city council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1970 Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Chapter and Section Numbering System

The chapter and section numbering system used in this Code is the same system used in the state statutes and codes. Each section number consists of two parts separated by a decimal. The figure before the decimal refers to the chapter number, and the figure after the decimal refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1.002, and the first section of chapter 6 is 6.001. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6.001 and 6.002 is desired to be added, such new section would be numbered 6.0015. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

CHARTER	CHT:1
CHARTER COMPARATIVE TABLE	CHTCT:1
CODE	CD 1:1
CODE APPENDIX	CD A:1
CODE COMPARATIVE TABLES	CCT:1
STATE LAW REFERENCE TABLE	SLT:1
CHARTER INDEX	CHTi:1
CODE INDEX	CDi:1

 

Indexes

The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of Alyce A. Whitson, Supervising Editor, and Jody Wilson, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Mark B. Taylor, City Attorney, and Janis Womack, City Secretary, and the other members of the city staff, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

ORDINANCE 1996-10

An Ordinance of the City Council of the City of San Marcos, Texas, Adopting a New City Code for the City of San Marcos, Texas, Including a Reorganization of the City's Zoning Ordinances; Including Procedural Provisions; and Providing for Penalties.

Be It Ordained by the City Council of the City of San Marcos, Texas:

Section 1. The Code entitled "San Marcos City Code" published in 1995 by Municipal Code Corporation, consisting of Chapters 1 through 114, each inclusive, and including a reorganization of the City's zoning ordinances, is adopted.

Section 2. All ordinances of a general and permanent nature enacted on or before April 10, 1995, and not included in the Code or recognized and continued in force by reference therein are repealed; and all ordinances amending the previous San Marcos Code of Ordinances, adopted by the City Council since April 10, 1995, will be codified as revisions to the Code by the publisher.

Section 3. The repeal provided for in Section 2 shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section 4. Unless another penalty is expressly provided, every person who violates any provision of the Code is subject to the penalties provided in Section 1.015 of the Code, as well as to other remedies available to the City.

Section 5. Additions or amendments to the Code when passed in the form as to indicate the intention of the city to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 6. That if any word, phrase, clause, sentence, or paragraph of the Code or this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions of the Code and this ordinance shall remain in effect as if the unconstitutional or invalid portion had not been adopted.

Section 7. That all ordinances and resolutions or parts of ordinances or resolutions in conflict herewith are repealed.

Section 8. That any person violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be subject to the penalty provided in Section 1-5 of the San Marcos Code of Ordinances.

Section 9. That this Ordinance shall be in effect ten days from and after its passage, and notice of its adoption shall be published in a newspaper of general circulation in the area as required by the Charter of the City of San Marcos, Texas.

Passed and approved on first reading January 8, 1996.

Passed and approved on second reading January 22, 1996.

Passed, approved and adopted February 12, 1996.

	/s/ Kathy M. Morris       Mayor