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56 Regular Meeting January 14, 1985 Page 13 stated the Staff would be making phone calls to verify information and prepare a certification to be used by all the infrastructure providers before the plat is filed with the Planning Department to be placed on the Planning Commission's agenda. Harvey Ginsburg then made a presen- tation and expressed he became concerned because information provided in a symposium in 1982 stated there was no contamination based on fecalcoliform (in the San Marcos Springs) in 1979 and in 1982 samples show that coliform counts vary from 0-600 per sample, and that contami- nation of the Edwards Aquifer will pose a threat to the water supply of the City and the University. Mr. Ginsburg went on to cover some of the items in the appeal. Frances Emery stated the boundary line of the Re- charge Zone is what is used by the Texas Department of Water Resources, and that on November 28, 1984, she was present when Tom Fox of the Ed- wards Underground Water District submitted testimony to change the legal line, but the Department of Water Resources contends they have not for- mally received information to make this change, which needs to be clari- fied. Mr. Hankins stated an attorney with the Texas Department of Water Resources said no formal proposal had been received, so evidently Mr. Fox's testimony had not been considered formal. In opposition to the appeal, Jerry Klossner, representing Mr. McDonald, stated they did not agree with the allegations contained in the appeal, and that is why the matter is in litigation at the courthouse. He stated they believed the State Statute, Article 974A, Section 3 controls the matter, which requires the Council to act to disprove the actions of the Planning Commission within thirty days of their action (November 27, 1984), and that any action taken by the Council this evening is beyond the Council's authority. Mr. Hankins advised the Council the article cited by Mr. Klossner has a provision for double approval of plats, which the City does not use, as we use our own Subdivision Ordinance. No one else wished to speak for or against the appeal, so Mayor Craddock closed the public hearing. Mayor Craddock moved to accept the appeal and return the plat to the Planning Commission for further consideration and Mr. Coddington seconded the motion, which passed unanimously. Mayor Craddock introduced for consideration adoption of an Ordinance on emergency, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING ORDINANCE 1984-86 ADOPTED SEPTEMBER 13, 1984 WHICH SET FORTH AN ITEMIZED ESTIM- ATE OF THE EXPENSE OF CONDUCTING EACH ADMINISTRATIVE UNIT OF THE MUNICIPAL GOVERNMENT OF SAID CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1984 AND ENDING ON SEPTEMBER 30, 1985, AND APPROPRIATED MONEY FOR THE VARIOUS FUNDS AND PURPOSES OF SUCH ESTIMATE¡ TO RE- VISE SAID ESTIMATES AND TO REAPPROPRIATE SAID FUNDS¡ ADOPTING SAID REVISIONS AND ESTIMATES AND DECLARING AN EMERGENCY. Mayor Craddock moved for adoption of the Ordinance on emergency and Mr. Farr seconded the motion, which passed unanimously. Mayor Craddock introduced for consideration adoption of a Resolution, the caption which was read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE TERMS AND CONDITIONS OF PROPOSED CONTRACT NUMBER 00026217084 BETWEEN SAID CITY AND THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS FOR FUNDS IN THE AMOUNT OF $27l,240.00 FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS IN THE MILLVIEW ADDITION IN SAID CITY¡ AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT AND ANY AND ALL OTHER INSTRUMENTS AND DOCUMENTS INCI- DENT THERETO OR IN CONNECTION THEREWITH; AND DECLARING AN EFFECTIVE DATE.