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14 Regular Meeting February 9, 1987 Page 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING SECTION 29-132 OF THE SAN MARCOS CODE OF ORDINANCES BY PROVIDING FOR SPEED LIM- ITS OF 30, 35, 45 AND 50 M.P.H. ON FM 2439 (HUNTER ROAD) AND ESTABLISHING AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING CHAPTER 20, ENTITLED PLUMBING AND GAS OF THE SAN MARCOS CODE OF ORDINANCES BY RE- PEALING ARTICLE II AND ADOPTING NEW ARTICLE II, INCLUD- ING THE 1985 STANDARD PLUMBING CODE AND AMENDMENTS TO IT AND DECLARING AN EFFECTIVE DATE. Consider adoption of Ordinance on third and final reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING SECTION 29-132 OF THE SAN MARCOS CODE OF ORDINANCES BY PROVIDING FOR A 45 MPH SPEED LIMIT ON FM 3407 (WONDER WORLD DRIVE) AND ESTABLISHING AN EFFECTIVE DATE. Mayor Younger introduced for consideration approval of an Ordinance on second reading pulled from the consensus agenda, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, SETTING A FEE FOR THE USE OF ANY STREET, ALLEY, HIGHWAY OR GROUNDS OF THE CITY OF SAN MARCOS BY ANY TELEPHONE COMPANY OPERATING IN SAID CITY THAT DOES NOT HAVE A FRANCHISE AGREEMENT WITH THE CITY; PROVIDING FOR THE TERMS AND CONDITIONS OF THE PAYMENT OF SUCH FEE; PROHIBITING THE USE OF ANY STREET, ALLEY, HIGHWAY OR GROUNDS OF THE CITY UNLESS SAID FEE IS PAID; PRESCRIBING CRIMINAL PENALTIES FOR VIOLATIONS AND DECLARING AN EFFECT- IVE DATE. Mr. Coddington moved for approval of the Ordinance on second reading and Mr. Farr seconded the motion. Mayor Younger stated this Ordinance would place a hardship on the Telephone Company and thinks it would be an unfair competitive rate with other telephone companies. Mr. Coddington stated it would amount to a small fee to the Telephone Company's customers and that he agrees with the City Attorney for a 4% franchise agreement or with this arrangement. On roll call the following vote was recorded: AYE: Coddington, Farr, Kissler, Nicola. NAY: Younger, Guerra. ABSTAIN: Brown. Mayor Younger introduced for consideration adoption of a Resolution, the caption which was read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING CONTRACT NUMBER 705082 BETWEEN THE CITY AND THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS BY MOVING FUNDS FROM ONE BUDGET CATEGORY TO ANOTHER, AUTHORIZING THE MAYOR TO EXECUTE THIS AMENDMENT AND ANY AND ALL OTHER DOCUMENTS NECESSARY TO EFFECT THE PURPOSES HEREOF, AND ESTABLISHING AN EFFECTIVE DATE.