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A Certificate of Convenience and Necessity (CCN) is issued by the State of Texas Public Utility Agency (PUC) to allow orderly, efficient and cost effective extension of water and/or wastewater services to developing areas. The CCN grants exclusive retail service rights to the water and/or wastewater service provider (City of San Marcos).
Multiple subdivisions and developers have requested extension of water and wastewater services to developing areas in the ETJ outside the existing CCN boundaries. The City has agreed to these requests and has applied to add those areas and adjacent areas to the CCN. Requests to amend the CCN are a normal step with development.
No, properties in the ETJ will not be required to connect. If they desire central sewer service, they will be eligible to connect to the system.
No, inclusion or exclusion of a given property in a CCN has no bearing on annexation.
No, this does not give taxing authority or require any payments. If a property chooses at some point to connect to City utility service, they would pay for service at that time as does any other utility customer.
The PUC rules require the City notify all affected county governments, water and wastewater retail providers, municipal utility districts, ground water districts and property owners in the areas proposed for coverage. The City has sent 3600 + letters to provide required notice, as well as, publishing the notice in four local newspapers.
Pipelines would necessarily cross areas in between and it is best engineering and efficiency practice to serve those areas, if and when properties would choose to connect, such as when on-site septic systems need replacement.
Comments may be filed by all property owners with the PUC for their use in consideration of the application. Properties larger than 25 acres have specific rights to request “opt out” of the CCN areas by filing objections as specified in the notice
Generally a permit is not required, but any person wanting to sell goods or services, or to solicit monetary donations door to door must apply with the San Marcos Police Department for a peddler's or solicitor's identification card. Contact the San Marcos Police Department in person at 2300 South I-35, San Marcos, Texas 78666 or contact SMPD Sgt. Mizanin by telephone at 512-753-2205. The fee for issuance of the card is $10.00 and the card is valid for 90 days. Specific rules for door to door solicitation are set out in
Be sure to check the appearance date on your citation and to make contact with the Court on or before the date indicated.
If you lost your citation, contact the Court immediately to see if they can locate your citation information and determine your scheduled appearance date.
The City has no obligation to entertain request to purchase City owned land. Nonetheless, if the City wishes to entertain a request to purchase land, it must follow procedures set out in the Texas Local Government Code governing sales of real property by municipalities. Upon receipt of your inquiry, the City will conduct an internal review to determine whether the property may be needed for future projects or whether the property is unneeded surplus property. If City staff determines that the property is suitable for disposition, it will seek authorization from the San Marcos City Council to advertise the property for sale to the highest bidder. The City Council reserves the right to accept the highest bid or reject all bids.
You may review the eligibility requirements and standards of conduct applicable to most board and commission members in Chapter 2 of the San Marcos City Code
If you have general questions about the applicability of any zoning regulations to your property, you may contact the City's Development Services Department, Planning Division at 630 East Hopkins Street, San Marcos, Texas 78666 (Second Floor of the Municipal Building) or by telephone at 512-393-8230.
Occupancy restrictions limiting the number of unrelated adults in single family and other residential zoning districts are set out in Section 18.104.22.168 of the Land Development Code.
General zoning requirements and restrictions are located in the City's Land Development Code, Chapter 4
Alternatively, you may file a citizen complaint as discussed under "How do I file a citizen complaint?" (see FAQ listing further below).
If you are experiencing ongoing problems with barking dogs, you may wish to contact the Hays County Dispute Resolution Center (HCDRC) at 512-878-0382. The HDRC may help you to mediate an amicable resolution with the dog's owner or caretaker.
Please be sure to check the appearance date on your citation and to make contact with the Court on or before the date indicated.
If you lost your citation, contact the Court immediately to see if they can locate your citation information and determine your schedule appearance date. The Court will provide you with additional information regarding whether you may be eligible for a dismissal of the citation upon returning any overdue books or library materials.
When you have returned your library books or library materials to the Library you will receive a compliance letter which you will need to submit to the prosecutor at the City Attorney's Office located at 630 East Hopkins Street. If all requirements have been met a dismissal will be prepared and forwarded to the Municipal Court. If you have any questions regarding the compliance letter please contact the City Attorney's office by telephone at 512-393-8150.
If you have any questions regarding requirements for a permit, you may contact the City Attorney's Office by telephone at 512-393-8150.
Specific requirements for a permit are available in Chapter 90 - Limousine and Taxicab Permits
The City's municipal court prosecutor will evaluate the complaint to determine whether the complaint alleges a violation over which the City's Municipal Court of Record has jurisdiction and whether the violation can be proven beyond a reasonable doubt. The municipal court prosecutor retains prosecutorial discretion as to whether or not to pursue prosecution of the case.
Complaint forms are also available online on the City Attorney Forms and Documents page.
If you believe there has been a violation of the City's wrecker ordinance, please contact the Chief of Police at 2300 South I-35, San Marcos, Texas 78666 or by telephone at 512-753-2100.
For any other towing related complaint, you may file a claim in a Justice of the Peace (Small Claims) Court or other court having jurisdiction over the matter.
It is recommended you consult a private attorney, if you believe you have a private civil claim against a towing company or wrecker service.
Requirements of the City's wrecker ordinance are set out in Chapter 90, Article 4 of the San Marcos City Code
Help us keep rumors from scaring, confusing, and even harming our residents. We will debunk any false rumors and provide correct information on this page.
No evacuations have been ordered in San Marcos. Guadalupe County has issued voluntary evacuations along the San Marcos River downriver of San Marcos. IF EVACUATIONS ARE ORDERED, THEY WILL BE POSTED AT WWW.SANMARCOSTX.GOV AND ON CITY SOCIAL MEDIA. Be sure to register your phone at www.warncentraltexas.org for emergency alerts, including evacuation orders in your area.
Yes. Certified Food Manager certificates are approximately an eight hour training program with an exam following and are valid for five years. https://www.dshs.texas.gov/food-managers/certification.aspx
No. at this point the Texas Department of Health Services do not allow local jurisdictions from issuing food handler or food manager certificates. These must be obtained from a licensed provider. https://www.dshs.texas.gov/food-managers/certification.aspx
Currently there are no regulations barring the sale of whole local produce to Fixed Food Establishments. Owners and managers will use their discretion when deciding to obtain food product from any source.
At this time we are scheduling workshops to allow staff to receive input regarding TFER requirements. You may also submit your feedback by clicking the following link and submit a feedback form. www.sanmarcostx.gov/restaurantrules
A rough draft of the Chapter 18 proposed requirements will be available by March 2018. Citizens will have opportunity to provide input and/or comments on the draft. Please visit www.sanmarcostx.gov/restaurantrules to view the proposed changes and to view the 2015 copy of the TFER.
The Texas Department of State Health Services has these guidelines on their website https://www.dshs.texas.gov/foodestablishments/cottagefood/default.aspx
Fixed food establishments must obtain a TFE permit when:
-Providing and serving food off site to the public. This does not include catered office luncheons, private parties, or weddings.
- When operating outside the normal bounds of the Fixed Food Establishment permit. e.g. a mixed drinks only bar hosting a food event on site for the weekend, or a Fixed Food Esatblishment preparing food/drinks outside a building and outside the bounds of the originally approved permit.
Yes. When taking part in a special or temporary event the MFU is required to obtain a Temporary Establishment Permit.
A helpful guide to navigating the TFER has been provided by TX DSHS. It is called the Regulatory Quick Reference. This can be used to quickly reference the TFER and further details the 1-47 violations. You may view the Regulatory Quick Reference on the City website at this link. http://www.sanmarcostx.gov/579/Food-Establishment-Scores
TFER requires Mobile Food Units to report to their designated Central preparation facility daily. This requirement will not change if parked at a Food Truck park.
(b) Central preparation facility.(1) Supplies, cleaning, and servicing operations. Mobile Food Units shall operatefrom a central preparation facility or other fixed food establishment and shall report to such location daily for supplies and for cleaning and servicing operations.
Participants in a food judging contest will require a Temporary Food Establishment permit if any foods are prepared and served to persons, other than judges of the contest, regardless if a fee is charged.
If a judging contest participant meets the above criteria for requiring a food permit all foods must be prepared on site with no storage or preparation of foods at a residence.
If a participant only provides samples of food to judges during the contest no Temporary Food Esatblishment permit will be required.
The responsibility of the Food Handler at a Temporary Food Establishment is to oversee the operation to minimize the potential of a health hazard and verify permit requirements are being met. A Food Handler is not able to oversee the food preparation and service if not actively present in the booth.
§228.33. Certified Food Protection Manager and Food Handler Requirements.(a) At least one employee that has supervisory and management responsibility and the authority to direct and control food preparation and service shall be a certified food protectionmanager who has shown proficiency of required information through passing a test that is part of an accredited program.(b) The original food manager certificate shall be posted in a location in the food establishment that is conspicuous to consumers.(c) Except in a temporary food establishment, at least one certified food protection manager must be employed by each food establishment.(d) Except in a temporary food establishment and the certified food manager, all food employees shall successfully complete an accredited food handler training course, within 60 days ofemployment.(e) The food establishment shall maintain on premises a certificate of completion of the food handler training course for each food employee. The requirement to complete a foodhandler training course shall be effective September 1, 2016.
(f) This section does not apply to certain types of food establishments deemed by the regulatory authority to pose minimal risk of causing, or contributing to, foodborne illnesses based on the nature of the operation and extent of food preparation.
No. Events associated with SMCISD events are still required to obtain a permit. If the association, club, booster, etc, are able to demonstrate a non-profit status or letter showing that they fall under the SMCISD governmental agency exemption, then the fee is waived. If not the fee is $50.75.
Applicants that are able to show that they fall under the SMCISD umbrella may be exempt from this requirement if the event is taking place in the fixed concession. Currently, limitations are detailed in the proposed changes to the local health code do limit all Temporary Food Establishment Permits to any person, organization, or association whether for profit or non-profit. The City is seeking your input on this matter. You may submit your feedback by visiting the link below.
Any booster, association, or organization able to demonstrate by affidavit that they fall under the umbrella of SMCISD will be exempt from paying the permit fee. The failure to demonstrate an affidavit would require the person or organization applying for a permit to pay the Temporary Food Establishment fee of $50.75.
Yes, a committee will be formed. With approximately 800 establishment stakeholders who obtain permits each year, it will be impossible to all reach an agreement. The City is researching the best avenue to gather input and select stakeholders from each type of establishment to serve on the committee. If you have interest in serving on a committee, please indicate so by visiting the link below and submitting a form expressing your interest. If you are unable to participate on the committee, the City is still wanting your input regarding the changes to the local health code. See the link below.
We are currently in discussion with the City Communications Department, Legal team and others to determine the most appropriate avenue for participating in forums. Thank you for your patience as we work out these details.
The estimated timeline for the ordinance changes to be approved by City Council is June or July of 2018. The intent is to have the new ordinance in place prior to September 30, 2018, at the time permit renewals are due.
At this moment you may click on the link below and submit a form detailing your concerns or to show your support for the changes. Permit holders will receive an email from the Code Compliance-Environmental Health Division directing them to the site to provide feedback. www.sanmarcostx.gov/restaurantrules If you do not have an updated email address with our Division please, feel free to provide input to Healthinfo@sanmarcostx.gov
HACCP stands for hazard analysis critical control point, this is a food safety system generally utilized by food manufacturers and harvest facilities. HACCP requires detailed plans and records to be written and kept by the establishment to insure that food safety is achieved before distribution to the public. Retail food establishments will be required to submit a HACCP plan to the COSM Environmental Health Department if they utilize the following specialized processes:
-Smoking food as a method of food preservation rather than as a method of flavor enhancement;
-Using food additives or adding components such as vinegar: to preserve/render non-time/temperature control for safety food;
-Packaging time/temperature control for safety food using Reduced Oxygen Packaging method except where the growth of Clostridium botulinum and Listeria Monocytogenes are controlled;
-Operating a molluscan shellfish life-support system display tank used to store and display shellfish that are offered for human consumption;
-Custom processing animals that are for personal use as food and not for sale or service in a food establishment;
-Preparing food by another method that is determined by the regulatory authority to require a variance; or
-Sprouting seeds (such as alfalfa or wheat grass) or beans in a retail food establishment.
You may contact the Code Compliance-Environmental Health Division for additional information regarding HACCP.
Staff is currently working on a variance application that customers may fill out and return for consideration. The application will detail how to submit a request of your intentions with justification of why the request should be given and how the rules and public safety will still be met. TFER currently states:
§228.243. Variances.(a) Modifications and waivers. The regulatory authority may grant a variance by modifying or waiving the requirements of these rules if in the opinion of the regulatory authority a health hazard or nuisance will not result from the variance. If a variance is granted, the regulatory authority shall retain the information specified in subsection (b) of this section in its records for the food establishment.(b) Documentation of proposed variance and justification. Before a variance from a requirement of these rules is approved, the information that shall be provided by the person requesting the variance and retained in the regulatory authority's file on the food establishment includes:(1) a statement of the proposed variance of the rule requirement citing relevant rule section numbers; (2) an analysis of the rationale for how the potential public health hazards and nuisances addressed by the relevant rule sections will be alternatively addressed by the proposal; and(3) a HACCP plan if required as specified in §228.244(c) of this title that includes the information specified in §228.244(b) of this title, as it is relevant to the variance requested. (c) Conformance with approved procedures. If the regulatory authority grants a variance as specified in subsection (a) of this section, or a HACCP plan is otherwise required as specified in §228.244(c) of this title, the food establishment shall:(1) comply with the HACCP plans and procedures that are submitted and approved as specified in §228.244(d) of this title as a basis for the modification or waiver; and(2) maintain and provide to the regulatory authority, upon request, records specified in §228.244(d)(4) and (5) of this title that demonstrate that the following are routinely employed:(A) procedures for monitoring critical control points; (B) monitoring of the critical control points; (C) verification of the effectiveness of an operation or process; and(D) necessary corrective actions if there is failure at a critical control point.
A MFU may decide to take advantage of Temporary Food Establishment privileges and/or may not be able to meet Mobile Food Unit requirements (visitation to CPF each day) while participating at the event. By applying for a TFE permit, the MFU has options to add convenience to being associated with the scope of the event while not impacting their MFU permit.
Yes. Staff has shown that increasing the maximum number of permits in a year for any person, organization, company, or association to 8 increases the ability for persons to hold events in the community. The maximum number of days and permits prohibits TFE permit holders from operating as a fixed location.
Staff will leave the proposed TFE breakdown in the draft and request that a fee difference be implemented during consideration by Council.
The City is actively working with SMCISD to determine the best approach in permitting these type of events.
TFER describes that posting of Permit, Certified Food Manager, and most current inspection report or approved alternative are to be posted in a conspicuous place clearly visible to the public. It is presumed to be conspicuous and clearly visible if it is within 5 feet of the font door.
The proposed draft will not be requiring that a copy of a permit be posted on the drive thru window at this time.
TFER describes that a CFM is required each location and during operating hours. Single CFM cannot be physically available at all locations during all hours of operation. Reference: Requirement by TFER (228.32) leave person in charge have knowledge by being a CFM and TFER (228.31) person in charge is present at establishment during all hours of operation.
Texas Food Establishment rules does not specify a size for a Mobile Food Unit - pushcart but does require the unit to be movable by one or two persons. The guidelines may incorporate size differences if operating in a public place versus operating on private property.
Any sign placed out would be required to adhere to sign and location requirements according to City Ordinance and Development standards.
The city will require Mobile Food Unit owners to submit usage agreements with Central Preparation Facilities upon applying for a MFU permit. The City may make a CPF list available according to public information requirements and owner agreement.
The proposed draft does reflect a different Farmers Market permit structure. The proposed changes will provide a more efficient permit process for those vendors wishing to participate in a Texas Department of Agriculture approved certified farmer's market.
The most current Texas Food Establishment Rules specifies that the MFU shall report to such location daily for supplies and for cleaning and servicing operations, in section §228.221 (b).
Open Records Release Request.
All permits are submitted electronically with a Fire Marshal Permit Application on the Fire Department Page
The Fire Marshal office answers all questions concerning the City's code requirements and violations. For answers to your questions, please contact the Fire Department
Phone 512.393.8480. You can find the Fire Marshal's contact information in the
ISO classifies communities from 1 (the best) to 10 (the worst) based on how well they score on the ISO Fire Suppression Rating Schedule, which grades such features as water distribution, fire department equipment and manpower and fire alarm facilities. ISO field representatives use the schedule when surveying a community's fire protection capability. The score that is determined from applying the Fire Suppression Rating Schedule is translated into a public protection classification.
The current rating inside the city is a 2/9. For more information on ISO ratings from the State Fire Marshal Office, please visit the State Fire Marshal Texas Department of Insurance Public Protection Classification (PPC) page. www.tdi.texas.gov/fire/fmppcfaq.html.
Yes. Applications are only available on-line during the application period. The next Firefighter Civil Service Exam is April 13, 2018. This eligibility list will be in effect for a period of one year from the test date or until the list has been exhausted, whichever occurs first. Please apply at www.sanmarcostx.gov/jobs. Questions? Contact our Human Resource Department, Ph: 512.393.8066.
Applications are only accepted on-line during open enrollment through our Human Resources Department. The next Firefighter Civil Service Exam is April 13, 2018. This eligibility list will be in effect for a period of one year from the test date or until the list has been exhausted, whichever occurs first. Go to www.sanmarcostx.gov/jobs to apply.
No. Applications are only accepted when a test date is established. The eligibility list will be in effect for a period of one year from test date or until the list has been exhausted, whichever occurs first. Questions? Please contact our
The Fire Pay Schedule and other useful documents are located in the Human Resources Department - Civil Service Recruitment section.
Neighborhood Districts were created to replace our current options for medium and high density residential or neighborhood commercial development in existing neighborhood areas. Regulations in Neighborhood Districts are tailored to focus on compatibility, scale, and use in a more detailed and refined way than in undeveloped areas or preferred growth areas on our Comprehensive Plan. Our current zoning districts need to be replaced because they were designed to accommodate each development type the same way regardless of the location. For example, our current multi-family zoning district (MF-24) has the same standards whether it is located on Old Ranch Road 12, IH 35 or Springtown Way. Our Comprehensive Plan says that each of those areas should be developed differently and we need to tailor zoning districts to be appropriate in each of these areas. Click here to find out more information about the specific feedback received through the process that led to the creation of neighborhood districts.
No properties in the City will be zoned Neighborhood Districts until a property owner or the neighborhood requests a re-zoning and completes a new, more rigorous rezoning process. For more information about how the zoning process has changed click here.
Property owner requested zoning changes to neighborhood districts are appropriate in the following types of locations:
City initiated rezoning to neighborhood districts may take place after the completion of neighborhood studies if desired by the affected community.
In all cases designating a property as a neighborhood district will require a formal rezoning process where:
Single family homes within predominantly single family areas will remain substantially unchanged with the exception of the two items identified below:
Neighborhood Districts are a category of new zoning districts that were created as a result of the Code SMTX process. They are designed for compatibility with existing development and will replace our current zoning options for medium density or high density development. Some key standards that apply in all neighborhood districts include:
The individual districts and some of the key standards are described below. For more detailed information about how these districts compare to our current districts or the districts proposed for growth areas click here.
Neighborhood District - 3 (ND-3): The ND-3 district accommodates single family homes including some additional building types that can support affordable alternatives to home ownership such as smaller lots, attached homes, or a cottage court style product that includes single family homes that surround a common courtyard. Key standards in this district include:
Neighborhood District - 3.5 (ND-3.5): The ND-3.5 district may include single family homes but is intended for a mixture in smaller scale housing types and may include townhouses, duplexes, cottage courts, attached homes, and small multifamily. Key standards in this district include:
Neighborhood District - 4 (ND-4): The ND-4 district accommodates multifamily and townhouse living that is designed to fit in with a residential neighborhood character. Key standards in this district include:
Neighborhood District - 4M (ND-4M): The ND-4M district accommodates small multifamily, live/work, townhouse, mixed use and commercial building types that are designed to be located along commercial and pedestrian oriented corridors that act as gateways to residential areas. Key standards in this district include:
No. However, if you park on the street without a parking permit, your car will be subject to parking restrictions.
Yes. However, if 60% or more of residents or property owners of a neighborhood think they need an RPP, then they can apply for it.
Consent by at least 60% of residents or property owners in the street/neighborhood is required before request can be processed.
Annual costs of permit:
•Resident - $5.00
•Guest - $5.00
•One Day Pass - $0.10
•Temporary Construction – no cost (up to 45 days).
Phone: (512) 393-8440
Email: Residential Parking Program
Website: Residential Permit Parking Program
Request for installation of RPP must be initiated by a resident or property owner whose property abuts the requested designated permit area.
RPP was created to address requests by citizens to regulate uncontrolled commuter parking on their streets.