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~ 126 -.:s;- - QO - ORDINANCE 1992- 31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING APPENDIX C- SUBDIVISIONS, OF THE SAN MARCOS CODE OF ORDINANCES REGARDING BUILDING CONSTRUCTION AND THE PROVISION OF UTILITY SERVICE TO UNPLATTED PROPERTY AND TO SUBDIVISIONS IN WHICH PUBLIC IMPROVEMENTS HAVE NOT BEEN COMPLETED; PROVIDING FOR SEVERABILITY; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning Commission, after a public hearing, has recommended that certain clarifying amendments be made to section G, Requirements and Restrictions, of Article IV, Legal Provisions, of Appendix C- Subdivisions, of the San Marcos Code of Ordinances regarding building construction on unplatted property and the provision of utility service to unplatted property and to subdivisions in which public improvements have not been completed; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That section G of Article IV of Appendix C- Subdivisions, of the San Marcos Code of Ordinances is hereby amended to read as follows: Section~. Reauirements and restrictions. 1. No owner of land with~n the city limits or the city's extraterritorial jurisdiction shall create a subdivision before a plat of such subdivision has been approved by the planning commission and filed for record with the county clerk. 2. The following restrictions shall apply regarding any property for which a plat of a subdivision has not been approved and filed for record: a. The city shall not install, maintain or repair any public facility including but not limited to street pavement, street signs, sidewalks, water mains, sewer mains or park land. b. Nei ther the city nor any public utility shall sell or supply, whether directly or on a wholesale basis through an intermediate supplier, any water, sewer, gas or electrical service. 3. The following restrictions shall apply regarding any property for which a plat of a subdivision has been approved and filed for record but required improvements have not been accepted or required conditions have not been satisfied: a. No certificate of occupancy shall be issued for a building or structure. b. Except on a specifically limited temporary basis, for testing purposes, construction purposes, or to prevent damage to a building, neither the city nor any public utility company shall sell or supply, whether directly or on a wholesale basis through an intermediate supplier, any water, sewer, gas or electrical servJ.ce.