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101 Regular Meeting March 22, 1982 Page 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING SECTION 3 OF THAT ORDINANCE WHICH REGULATES AND RESTRICTS THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND, DATED SEPTEMBER 29, 1980 (VOL. 54) BY ZONING 6.46 ACRES OF LAND OUT OF THE J. M. VERAMENDI LEAGUE NO. ONE, LOCATED ON THE NORTH SIDE OF WONDER WORLD DRIVE AT THE INTER- SECTION OF HUNTER ROAD AND WONDER WORLD DRIVE, FROM "AO" (AGRICULTURAL-OPEN SPACE DISTRICT) TO "OP" (OF- FICE PROFESSIONAL DISTRICT). Mr. Brown moved for the adoption of the Ordinance and Mr. Kreczmer seconded the motion, which passed unanimously. Mr. James introduced for consideration the adoption of a Zoning Or- dinance on third and final reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING SECTION 3 OF THAT ORDINANCE WHICH REGULATES AND RESTRICTS THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND, DATED SEPTEMBER 29, 1980 (VOL. 54) BY ZONING LOT TEN (10) OF THE WHISENANT FIRST ADDITION, A/K/A 413 FARIS, FROM "AO" (AGRICULTURAL OPEN-SPACE DISTRICT) TO "R-2" (DUPLEX OR TWO-FAMILY DWELLING DISTRICT). Mrs. Norris moved for the adoption of the Ordinance and Mr. Brown se- conded the motion, which passed unanimously. Mr. James introduced for consideration the adoption of an Ordinance on third and final reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, ANNEXING TO SAID CITY A CONTIGUOUS TRACT OF LAND CONTAINING APPROXIMATELY 135 ACRES, MORE OR LESS, LOCATED WITHIN THE EXTRATERRITORIAL JURISDICTION OF SAID CITY AND LYING ADJACENT TO PRE- SENT CITY BOUNDARIES; APPROVING A SERVICE PLAN FOR SAID TRACT; EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID TRACT; GRANTING TO THE INHABITANTS OF SAID TRACT ALL THE RIGHTS AND PRIVI- LEGES OF OTHER CITIZENS OF SAID CITY; BINDING SAID INHABITA~TS BY ALL OF THE ACTS AND ORDINANCES, RULES AND REGULATIONS OF SAID CITY AND DECLARING AN EFFECT- IVE DATE. Mr. Cavazos moved for the adoption of the Ordinance and Mrs. Mendez se- conded the motion. Mr. James then advised Mr. Don Holcombe, an attorney representing J. M. Cape and his mother, Emma Cape, he would be given five minutes to address the Council. Mr. Holcombe stated his purpose in coming before the Council was to explain the Capes' position. Their lawsuit is based on a new statute passed by the Legislature in 1981 requiring a governing body to adopt a plan providing city services to newly annexed property. Their position is that the plan is insufficient in providing sewer services to the property. The City's existing extension policy provides the City will pay the first 100 feet and the landowner the bal- ance. In Mr. Holcombe's opinion the statute contemplates a more specific plan, stating by what means, methods and construction the services would be brought to the property, and the statute requires it commence within 2 1/2 years of annexation, or the landowner can apply for disannexation. Mr. Holcombe asked the Council to consider tabling the third reading for one or two weeks and give him an opportunity to meet with the City Staff and Council to negotiate the plan, and if the Council passed the Ordinance, he would have no alternative but to go to District Court and seek an in- junction enjoining the City from implementing the Ordinance, and they would appeal if necessary.