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<br />6 . <br /> <br />Regular Meeting <br /> <br />April 18, 2006 <br /> <br />Page 6 <br /> <br />negotiations were completed today and the total is $725,988.00. Mr. Bose <br />inquired as to the need for a contract for an owner representative and thenl <br />this contract. Mr. Taylor stated this contract is for the design and for <br />building materials. He stated State Law requires the City has to hire an <br />owner representative, which is separate from the architect/engineering <br />firm. Mr. Jones moved to amend the contract to read. . TOTAL FEE <br />$725,988.00, and Mr. Guerrero seconded the motion. On roll call for the <br />amendment the following vote was recorded: <br /> <br />AYE: Thomaides, Guerrero, Narvaiz, Diaz, Jones and Bose. <br /> <br />NAY: Mihalkanin. <br /> <br />ABSTAIN: None. <br /> <br />On roll call for adoption of the Resolution, the following vote was <br />recorded: <br />AYE: Thomaides, Guerrero, Narvaiz, Diaz and Jones. <br /> <br />NAY: Mihalkanin and Bose. <br /> <br />ABSTAIN: None. <br /> <br />Mayor Narvaiz introduced for consideration Item 21, removed from the <br />consent agenda, adoption of a Resolution, the caption which was read as <br />follows: <br /> <br />I <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, <br />APPROVING AMENDMENT NO. 1 TO THE OVERSIZE REIMBURSEMENT AGREEMENT FOR <br />UTILITY IMPROVEMENTS BETWEEN THE CITY AND J.M.C. REALTY, INC.; <br />AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT ON BEHALF OF THE <br />CITY; AND DECLARING AN EFFECTIVE DATE. <br /> <br />Mr. Jones moved for adoption of the Resolution, and Mr. Guerrero seconded <br />the motion. Laurie Anderson, Director of Engineering, stated the Posey <br />Road/IH35 area does not have the capacity for the service in this area. <br />Mr. Thomaides stated he feels the oversize agreements should not give the <br />timeline decision to the developer. Mayor Narvaiz stated she feels <br />oversize agreements should include an expiration date. Mr. Bose stated he <br />feels a fine should be imposed when a project is not completed by the <br />timeline. The Council then voted unanimously for adoption of the <br />Resolution. <br /> <br />Mayor Narvaiz introduced for consideration Item 22, removed from the <br />consent agenda, adoption of a Resolution, the caption which was read as I <br />follows: <br />