Res 1996-190 - Laserfiche WebLink

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77 Office of the City Manager November 5, 1996 Roy H. Chestnutt, Vice President/General Manager PrimeCo Personal Communications, loP. 1701 Director's Blvd. -- Austin, TX 78744 Dear Mr. Chestnutt: This letter, upon your countersignature below, will constitute an agreement between the City of San Marcos (the City) and PrimeCo Personal Communications, loP. (PrimeCo). In consideration of the fulfillment of the following conditions by PrimeCo, the City agrees not to initiate criminal proceedings against PrimeCo for violation ofthe City's zoning and building construction ordinances regarding the installation of an antenna facility on property owned by the Lower Colorado River Authority in the 1300 Block of River Road in San Marcos, Texas (the Property) on or about September 12th, 1996: 1. Primeco will file a fully completed Zoning Map Amendment Application (the Application) to rezone the Property from R-I and Commercial zoning districts to P-Public zonil'ig district by noon on Thursday, November 7, 1996. 2. PrimeCo will pursue the Application with its best efforts and all due diligence, and will appear in favor of the Application at all City Planning and Zoning Commission meetings and City Council meetings at which the Application is an agenda item. A tentative schedule of these meetings is attached to this letter. The City will give PrimeCo at least 3 days notice of a date change for any of these meetings. 3. PrimeCo will be provided with temporary City utility services on the Property during the period of this agreement. In the event that the decision of the City Council is not to approve the Application, Primeco agrees to remove all of its equipment and facilities from the Property within 10 days after the date of that decision. PrimeCo acknowledges that City utility services to PrimeCo at the Property will be terminated without further notice on the 10th day after the date of that decision, and that Primeco will be subject to prosecution for all violations of the City's zoning and building construction ordinances, including those occurring before the date of this letter and during the term of this agreement, if its equipment and facilities are not removed from the Property within 10 days after the date of the City Council decision. Please countersign both originals of this agreement and return one to me. Thank you for your cooperation and assistance in this matter. Sincerely, Agreed-~n&aé~epted for PrimeCc Personal Commun i ca ti ons,L. l/}M- -(' /. (bi. ;¡j¡{tJ PI H!ì . Jr U '~L,'~ V Larry D. dilley, City ~ager RoxJ'L Chestnutt, Vice President/General Manager 630 East Hopkins. San :.\farcos, Texas 78666 . 512/353-4444 . FA....'\: 512/396-4656