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<br />6
<br />
<br />Regular Meeting
<br />
<br />March 9, 1987
<br />
<br />Page 6
<br />
<br />0.15 ACRE TRACT OF LAND CONVEYED TO THE CORRIE COR-
<br />PORATION BY ANDREW GARY, ET AL, BY DEED DATED JUNE
<br />12, 1985 AND RECORDED IN VOLUME 508, PAGE 382, HAYS
<br />COUNTY DEED RECORDS, AND BEING ALL OF THAT 0.34 ACRE
<br />TRACT OF LAND CONVEYED TO THE S & S LAND AND CATTLE
<br />CO. BY JUANITA O. HERNANDEZ BY DEED DATED APRIL 21,
<br />1986 AND RECORDED IN VOLUME 588, PAGE 863, HAYS COUNTY
<br />DEED RECORDS, AND BEING ALL OF THAT 2.06 ACRE TRACT
<br />OF LAND CONVEYED TO THE S & S LAND AND CATTLE CO. BY
<br />ANDREW GARY, ET AL, BY DEED DATED AUGUST 6,1986, AND
<br />RECORDED IN VOLUME 618, PAGE 444, HAYS COUNTY DEED RE-
<br />CORDS; TRACT 2: 0.23 ACRES OF LAND OUT OF THE J. M.
<br />VERAMENDI LEAGUE NO.1, CITY OF SAN MARCOS, HAYS COUNTY,
<br />TEXAS, BEING THAT TRACT OF LAND CONVEYED TO JOHN L.
<br />CAMPSALL BY CHARLES E. ELLIS BY DEED DATED JUNE 5,
<br />1980, AND RECORDED IN VOLUME 343, PAGE 356, HAYS COUNTY
<br />DEED RECORDS, SAME BEING A PORTION OF THAT TRACT OF LAND
<br />DESCRIBED IN EXHIBIT "An IN THE SAID CAMPSALL DEED FROM
<br />LIGHT INDUSTRIAL TO COMMERCIAL, SAID TRACTS LOCATED AT
<br />THE SOUTh CORNER OF THE INTERSECTION OF WONDER WORLD
<br />DRIVE AND HUNTER ROAD AND DECLARING AN EFFECTIVE DATE.
<br />
<br />Mayor Younger opened the public hearing and asked if anyone wished to
<br />speak in favor or in opposition to the land use amendment. No one did,
<br />so Mayor Younger closed the public hearing. Mr. Coddington moved for
<br />adoption of the Resolution and Mr. Farr seconded the motion, which
<br />passed unanimously.
<br />
<br />Mayor Younger introduced for consideration approval of an Ordinance
<br />on first reading, the caption which was read as follows:
<br />
<br />AN ORDINANCE ESTABLISHING A FRANCHISE AGREEMENT BETWEEN
<br />THE CITY OF SAN MARCOS, TEXAS, AND THE SAN MARCOS TELE-
<br />PHONE COMPANY, ITS SUCCESSORS AND ASSIGNS PROVIDING THAT
<br />THE SAN MARCOS TELEPHONE COMPANY SHALL CONTINUE TO ERECT
<br />AND MAINTAIN ITS POLES, WIRES, ANCHORS, CABLES, MANHOLES,
<br />CONDUITS AND OTHER PLANT CONSTRUCTION AND APPURTENANCES
<br />ALONG, ACROSS, ON, ThROUGH, ABOVE AND UNDER ALL PUBLIC
<br />STREETS, AVENUES, ALLEYS, RIGHTS OF WAY, PUBLIC GROUNDS
<br />AND PLACES IN SAID CITY, FOR A PERIOD OF TWENTY YEARS,
<br />AND THAT THE CITY OF SAN MARCOS SHALL RECEIVE AN ANNUAL
<br />FRANCHISE FEE FOR SUCH USE, PROVIDING FOR INDEMNIFICATION
<br />OF THE CITY OF SAN MARCOS, AND DECLARING AN EFFECTIVE
<br />DATE.
<br />
<br />Mr. Guerra moved for approval of the Ordinance on first reading and Ms.
<br />Kissler seconded the motion. Mr. Farr moved to amend the Ordinance on
<br />Page 5 in SECTION 9 in the last paragraph as follows: "... subscriber
<br />station revenues, public telephone revenues, local private line services
<br />. . .," and Mr. Coddington seconded the motion. Mr. Coddington asked
<br />Mr. Pendergast what is excluded from the 3% gross revenues other than
<br />long distance. Mr. Pendergast stated yellow page service, which is
<br />not a part of the telephone company, is excluded, and interest income.
<br />Mr. Pendergast stated other yellow page directories do not pay a tax
<br />and if they are charged a tax, they are being penalized. He stated
<br />they were requesting an agreement for twenty years at 3%, are including
<br />public telephone, and paying quarterly rather than annually with a
<br />guarantee of $80,000. Mr. Coddington asked Mr. Pendergast how much
<br />gross revenue is derived from students, excluding long distance service,
<br />and Mr. Pendergast responded approximately 30%. Mr. Hankins stated some
<br />of the cities that have 4% telephone franchise agreements are Dallas, Euless
<br />Grand Prairie and Irving. Mr. Hankins stated it depends on when these
<br />
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