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59 regular meeting october 8, 1979 page two The Mayor introduced for consideration a request for a permit to temporarily locate a mobile home on lot 8 of the Ramsey addition, 402 Mill Street. Mrs. Lupe Juarez was present to make her request. The Mayor reported that one objection had been received from Mr. Victor Simpson, a person owning property within two hundred feet of the requested change, and that the Planning & Zoning Commission had recommended that the request for a permit be approved. City Attorney, Barbara Edwards, reported to the Council that "I believe it likely that the provision of the general zoning ordinance that mandates denial of an application to temporarilYI place a mobile home upon land located in San Marcos upon opposition by a surrounding property owner would be found to be unconstitutional if challenged in court." I Mr. Breihan moved the permit requested by Mrs. Juarez be approved. Mr. Tenorio seconded the motion. Mr. Sutton and Mr. Hyatt encouraged the Council to table the consideration of the permit request until the ordinance could be amended to be made compatable with the City Attorney's report. Mr. Hyatt moved that the request be tabled and that the City Attorney be directed to amend the ordinance. Mr. Sutton seconded the motion. Joel Barnard, representing the Planning & Zoning Commission, informed the Council that the Commission had felt the Mill Street area to be appropriate for the location of mobile homes. On roll call the motion to table and amend the temporary mobile home permit ordinance passed with the following vote: AYE: Sutton, Breihan, Hyatt, Hansen NAY: Tenorio, Cavazos The Mayor read the caption of an Ordinance as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY I OF SAN MARCOS, TEXAS, ANNEXING TO SAID CITY A CONTIGUOUS ~RACT OF LANn CONTAINING 29.77 ACRES LOCATED WITHIN THE EXTRATERRITORIAL JURISDICTION OF SAID CITY AND LYING ADJACENT TO PRESENT CITY BOUNDARIES; AND ESTABLISHING AN EFFECTIVE DATE. Mr. Breihan moved the ordinance be approved on ~~'~fl:d reading. ,}1r. Hyatt seconded the motion which passed with six votes in favor and Mr. James abstaining from the vote. The Mayor read the caption of an Ordinance as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE PRICE AND CONDITIONS OF THE SALE BY THE CITY OF SAN MARCOS, TEXAS, OF 29,085 SQUARE FEET OUT OF THE KATY ADDITION; FURTHER DESCRIBED BY METES AND BOUNDS IN THE ATTACHED EXHIBIT A AND ALSO KNOWN AS A PART OF URBAN RENEWAL PARCEL NO. 10-1 LOCATED WITHIN THE TEX. A-6 NEIGHBORHOOD DEVELOPMENT AREA, TO GRATZ-HENRY PROPERTIES, INC.; AUTHORIZING THE MAYOR TO EXECUTE A WARRANTY DEED TO GRATZ-HENRY PROPERTIES, INC. . Ih/cd I Mr. Cavazos moved the Ordlnance be approved on ~ reading. Mr. Hyatt seconded the motion which passed unanimously.