01121976 Regular Meeting - Laserfiche WebLink

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169 regular meeting, january 12, 1976 page two The Mayor read an ordinance in its entirety, the caption of which is as follows: AN ORDINANCE OF THE CITY OF SAN MARCOS, TEXAS, DECLARING A MORATORIUM UPON THE CONSTRUCTION AND LOCATION OF MODULAR HOUSING WITHIN THE CITY BY SUSPENDING THE ISSUANCE OF BUILDING PERMITS FOR MODULAR HOUSING FOR A PERIOD OF 60 DAYS; AND DECLARING AN EMERGENCY. Mr. Sutton moved the Ordinance be adopted. Mr. Arredondo seconded the motion. Attorney Ben Sheffman, representing Dr. Jean A. Smith who is currently constructing two modular homes in the Sunset Acres Addition, came before the Council to protest that the ordinance was illegal and violated his client's right to equal protection under the law. Mr. Sheffman maintained that the petition presented by residents of Sunset Acres Addition in opposition to the construction of modular housing did not prove that the homes were in violation of the city's code. The City Attorney stated that it was his opinion that the 60-day moratorium could be justified and that it was reasonable. On roll call, the motion to adopt the ordinance passed with the following vote: AYE: Craddock, Flores, Hansen, Sutton, Arredondo NAY: Breihan. The Mayor read the caption of a Resolution as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE USE OF THE OLD CITY HALL BUILDING FOR MUSEUM USE BY TEXAS MUSEUM OF HISTORY, INC., AND AUTHORIZING THE MAYOR TO EXECUTE A LEASE OF SAID PREMISES TO SAID MUSEUM FOR THE PERIOD FROM THE EFFECTIVE DATE OF THIS RESOLUTION TO DECEMBER 31, 1976. Mr. Hansen moved approval of the Resolution. Mr. Flores seconded the motion. Mr. Breihan requested he be provided with a list of the incorporators of Texas Museum of History, Inc. David Dailey, chairman of the Museum Board of Directors, came before the Council to request that the lease be amended by stipulating in Part 7 that the lease may not be terminated before August 31, 1976. Mr. Sutton moved the Resolution be amended to provide for Mr. Dailey's recommended stipulation. The City Attorney stated that Part 7 of the lease was necessary in the event other terms of the lease were violated. Mr. Sutton withdrew his motion. On roll call, the motion to approve the Resolution passed unanimously. The Mayor read the caption of a Resolution as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING A PROGRAM FOR THE USEAGE AND ADMINISTRATION OF THE COCK HOUSE, ESTABLISHING FEES FOR USE OF SAID HOUSE BEGINNING JANUARY 1, 1977, PLACING THE MAINTENANCE AND SCHEDULING DUTIES FOR SAID HOUSE WITHIN THE PARKS AND RECREATION DEPARTMENT OF SAID CITY. Mr. Hansen moved approval of the Resolution. Mr. Flores seconded the motion. Mr. Breihan objected to the placement of the fee structure in the Resolution when it would not be in effect until 1977. The City Manager informed the Council that the fees had been recommended by the Parks and Recreation Board, and had been placed in the Resolution so that they could go into effect without delay on January 1, 1977. On roll call, the following vote was recorded on the motion to approve the Resolution: AYE: Flores, Hansen, Sutton, Arredondo, Craddock NAY: Breihan. The Mayor read the caption of a Resolution as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, ACCEPTING THE PROVISIONS OF STATE HIGHWAY COMMISSION MINUTE ORDERS REGARDING RECONSTRUCTION ON FRANKLIN STREET, MOORE STREET, AND HARVEY STREET. Mr. Breihan moved the Resolution be amended to approve Minute Order Number 70839 contingent on the correction of paragraph two, page two, to read as follows: