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109. Regular Meeting December 8, 2003 Page 2 Hatfield stated he would like to speak regarding Item 18, discussion regarding the U.S. Patriot Act. He stated he feels the Bill of Rights was mislabeled on the Agenda. He feels it should read to Reaffirm Commitment to the Bill of Rights. He encouraged the Council to adopt a Resolution. 4) Tom Clendennen stated he feels the Southwest San Marcos Annexation Subareas D & E do not have a Service Plan. He also feels the Capital Improvement Plan of the City cannot meet the requirements of the law. He encouraged the Council to agendize the disannexation of Subareas D & E before litigation begins. 5) Grant Coon stated he was recently annexed into the City and his property taxes have increased, without receiving any additional services. 6) Jeff Sones stated he feels the Council made a mistake annexing the Southwest San Marcos Area. He encouraged the Council to correct their mistake by disannexing the entire area. 7) Robert Vance provided written comment regarding the Southwest San Marcos Area. Mayor Habingreither introduced the Staff Report. 1) Mr. O'Leary stated there was a Letter to the Editor in the San Marcos Daily Record regarding Post Road. He stated the main work on Post Road will begin this summer and is projected to take two years. 2) Mr. O'Leary stated the meeting tonight is the last City Council meeting of 2003 and the next City Council meeting will be January 12, 2004. He also stated their will be a Wastewater Workshop at 6:00 p.m. on January 12, 2004. Mayor Habingreither introduced for consideration a public hearing and adoption of a Zoning Ordinance, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY BY REZONING A 0.735 ACRE OF PROPERTY LOCATED AT 1220 IH-35 SOUTH AND 1201 MARSHALL STREET, FROM nC" COMMERCIAL DISTRICT TO ~C-2" HEAVY COMMERCIAL DISTRICT; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. Mayor Habingreither opened the public hearing and asked if anyone wished to speak. No one did, so Mayor Habingreither closed the public hearing. Ms. Narvaiz moved for adoption of the Zoning Ordinance and Mr. Diaz seconded the motion, which passed unanimously. Mayor Habingreither introduced for consideration a public hearing and adoption of a Zoning Ordinance, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY BY ZONING A 32.50 ACRE TRACT OF PROPERTY LOCATED IN THE 2000 AND 2100 BLOCKS OF CLOVIS BARKER ROAD AND A 3.27 ACRE TRACT OF PROPERTY IN THE 3100 BLOCK OF STATE HIGHWAY 123 AS ~LI" LIGHT INDUSTRIAL DISTRICT, AND BY ZONING A 20.91 ACRE TRACT OF PROPERTY IN THE 3100 AND 3200 BLOCKS OF STATE HIGHWAY 123 AS KC" COMMERCIAL DISTRICT; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. Mayor Habingreither opened the public hearing and asked if anyone wished to speak. Jim Wise stated he is the property owner and is present to