10121981 Regular Meeting - Laserfiche WebLink

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55 Regular Meeting October 12,1981 Page 2 Mayor Craddock introduced for consideration the appointment to the Central Texas Library System. Prior to the Council meeting the Council had nominated Mrs. Mildred Cates, who formerly served on the Library Board. Mr. Brown moved that Mildred Cates be appoint- ed to serve as the lay representative from the San Marcos Public Library and Mrs. Mendez seconded the motion, which passed unanimous- ly. Mayor Craddock introduced for consideration approval of an agreement of the City with Eloise Crawford to furnish water and water taps to her property in exchange for the purchase of a water storage tank site and two easements. City Manager A. C. Gonzalez advised the Council that in 1978 Ray Kotowski, then serving as Director of Public Works, had entered into the above agreement and that the Staff was unable to find that approval of the agreement had ever been given by the Council, so he was bringing it to their attention now for their formal approval or rejection. Mr. Cavazos who was serv- ing on the Council in 1978 indicated that he remembered the agreement Mr. Kotowski had made with Mrs. Crawford and he moved for the approval of this agreement and stated the water needed to be metered so the City would have some idea how much water was being used on Mrs. Craw- ford's property and Mr. James seconded the motion, which passed unani- mously. Mayor Craddock introduced for consideration approval to pay Charles Willis and Associates for the Lowman Airfield Survey out of contingency funds. Mrs. Norris moved that the statement of Charles Willis and As- sociates in the amount of $530.00 be paid out of contingency funds and Mr. Brown seconded the motion, which passed unanimously. Staff was dir- ected to inform the Council out of what contingency funds, the 1980-81 or 1981-82 fiscal year, the statement was to be paid. Mayor Craddock introduced for consideration an Ordinance on first readin amending Chapter 29 of the Code of ordinances, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING CHAPTER 29, ENTITLED "TRAFFIC" OF THE CODE OF ORDINANCES OF SAID CITY TO ADD A SECTION TO ELIMINATE REQUIREMENT FOR STATE TO PROVE THE INSTAL- LATION OR AUTHORITY FOR ANY TRAFFIC CONTROL DEVICE OR SIGNAL IN PROSECUTIONS FOR VIOLATIONS OF THIS CHAPTER; TO ESTABLISH THE RIGHT OF REBUTTAL BY DEFENDANTS AND DECLARING AN EFFECTIVE DATE. Mrs. Norris moved to approve the Ordinance on first reading and Mr. James seconded the motion, which passed unanimously. Mayor Craddock introduced for consideration an Ordinance on third and final reading amending 6-17 and 6-26 of the Code of Ordinances to change the times during which the Cemetery is open to the public, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING SECTIONS 6-17 AND 6-26 OF THE CODE OF ORDINANCES OF SAID CITY TO CHANGE THE TIMES DURING WHICH THE SAN MARCOS CEMETERY IS OPEN TO THE PUBLIC FOR VISITING AND CARE OF GRAVES AND TO SPECIFY THE PROCEDURE FOR COLLECTION OF PERMIT FEES AND DECLARING AN EFFECTIVE DATE. Mrs. Norris moved for the adoption of the Ordinance on third and final reading and Mr. James seconded the motion. Mr. Henry C. Kyle, an attorney representing Pennington Funeral Home, addressed the Coun- cil, stating it was his opinion and the opinion of his clients that the charges in Section 6-26 of the Ordinance, $150.00 for burial, $150.00 for the setting of a monument and $150.00 for curbing was excessive and should be repealed, because the charges were not uni- form and were unequal. He stated in the City of Sherman case it was established that a tax of 5 percent could be levied, but that the City's charges were excessive. He stated that the City'Cemetery Rules and Regulations stated plots in the cemetery could not be con- veyed and assigned and in the Cemetery Deeds, they were conveyed to