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80 Regular Meeting August 25, 1986 Page 12 Mayor Younger introduced for consideration a public hearing and approval of an Ordinance ón first reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE CODE OF ORDINANCES OP SAID CITY TO INCLUDE AN APPENDIX H, TO BE ENTITLED "PUBLIC RIGHT-OF-WAY AND DRIVEWAY ACCESS AND CONSTRUCTION ORDIN- ANCE", REGULATING THE SITING, DESIGN AND CONSTRUCTION OF DRIVEWAYS WHICH ACCESS PUBLIC STREETS, AND REGULATING OTHER CONSTRUCTION WITHIN THE PUBLIC RIGHT-OF-WAY BY DEFINING TERMS; REQUIRING PERMITS POR SAID CONSTRUCTION; AUTHORIZING THE CITY ENGINEER TO DETERMINE THE EFFECTS OF SAID CONSTRUCTION UPON THE RIGHT OF THE PUBLIC TO FREE AND UNHAMPERED PASSAGE OVER PUBLIC STREETS AND SIDE- WALKS AND UPON THE PUBLIC SAFETY, TO DETERMINE THE ADE- QUACY OF MATERIALS USED IN SAID CONSTRUCTION; SETTING REQUIREMENTS POR CONTRACTORS PERFORMING SAID CONSTRUCTION; ESTABLISHING THAT FEES SHALL BE REQUIRED POR SAID PERMITS; PROVIDING AN EFFECTIVE TERM FOR SAID PERMITS; EXEMPTING CERTAIN CONSTRUCTION PROM COMPLIANCE; PROVIDING PENALTIES; PROVIDING FOR APPEALS; PROVIDING FOR SEPARABILITY; AND DECLARING AN EFFECTIVE DATE. Mayor Younger opened the public hearing and asked if anyone wished to speak in favor or in opposition to this Ordinance. Gayle Ross stated this would provide control of the street cuts and that the City needs this Ordinance and urges the Council to support it. Shirley Wicker- sham stated developers already pay the City for street cuts in the permitting process and stated she had no knowledge of this Ordinance coming before the Council. Mayor Younger stated he would like input from contractors regarding this Ordinance. Stanley Hughson stated he did not know anything about this Ordinance before he looked at the Agenda of this meeting. No one else wished to speak, so Mayor Younger closed the public hearing. Mr. Coddington moved to table consideration of this Ordinance and Mr. Guerra seconded the motion, which passed unanimously, The Council directed the Ordinance be forwarded to both Chambers for review. Mayor Younger introduced for consideration reconsideration of adoption of a Resolution, the caption which was read as follows (Public Hearing was held August 11, 1986): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE PUTURE LAND USE PLAN (MAP) OF THE MASTER PLAN OF SAID CITY, FOR 51.5 ACRES OF LAND OUT OF THE J. M. VERAMENDI LEAGUE NO.1, HAYS COUNTY, TEXAS, LOCATED NORTHEAST OF WONDER WORLD DRIVE AND WEST OF HIGHWAY 123, FROM LOW DENSITY RESIDENTIAL TO COMMER- CIAL, OFFICE AND PROFESSIONAL, MEDIUM DENSITY RESIDENTIAL AND HIGH DENSITY RESIDENTIAL; AND DECLARING AN EFFECTIVE DATE. Ms. Kissler moved to reconsider the Resolution and Mr. Guerra second- ed the motion. On roll call the following vote was recorded: AYE: Brown, Farr, Younger, Guerra, Kissler. NAY: Coddington. ABSTAIN: None. (Mr. Nicola not present to vote on this matter).