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Regular Meeting June 20, 2006 Page 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THREE GRANT APPLICATIONS FOR REGIONAL SOLID WASTE PROGRAM I GRANTS FROM THE CAPITAL AREA COUNCIL OF GOVERNMENTS; RATIFYING THE SUBMISSION OF THE GRANT APPLICATIONS TO CAPCOG; AUTHORIZING THE CITY MANAGER TO ACT IN ALL MATTERS RELATED TO THESE APPLICATIONS AND ANY SUBSEQUENT GRANT AGREEMENTS; PLEDGING THAT IF ANY GRANT IS RECEIVED AS A RESULT OF THESE APPLICATIONS THE CITY WILL COMPLY WITH THE GRANT REQUIREMENTS OF THE CAPITAL AREA COUNCIL OF GOVERNMENTS, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS; AND DECLARING AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AWARDING A CONSTRUCTION CONTRACT TO TEXAS STERLING CONSTRUCTION, LP, IN CONNECTION WITH THE POST ROAD PAVING AND DRAINAGE AND SINK CREEK INTERCEPTOR PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT DOCUMENTS ON BEHALF OF THE CITY; AND DECLARING AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING AMENDMENT NO. 4 TO THE AGREEMENT WITH TEXAS DISPOSAL SYSTEMS, INC. FOR COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE AND RECYCLABLE MATERIALS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT; AND DECLARING AN EFFECTIVE DATE. I Mayor Narvaiz stated she was moving Item 30 up. Mayor Narvaiz introduced a discussion regarding process for adoption of Ordinances approving the sale of bonds and certificates of obligation and direction to Staff. Mr. O'Leary stated at a recent Council meeting the Council discussed a State Statute, Section 1201.028 of the Texas Government Code, which allows the Council to adopt Ordinances approving the sale of bonds and certificates of obligation on a single reading, without declaring an emergency and with simple majority vote. He also stated Section 3.11(e) of the City Charter provides that Ordinances must be approved on three separate days in order to be adopted, unless an Ordinance is adopted on an emergency measure by the favorable vote of five or more Council Members. He stated the Staff needs direction regarding the Ordinance adoption process. Carol Polumbo, of McCall, Parkhurst & Horton, L.L.P., stated with the enactment of Section 1201.028 of the Texas Government Code there is only a requirement of a simple majority vote and one reading to approve the sale of bonds and certificates of obligation. It is no longer necessary for these sales to be approved by emergency vote. She stated although Section 1201.028 became effective September 1, 2001, some municipalities only recently started implementing the one reading provision and other municipalities have chosen to continue compliance with home-rule charter provisions regardless of I conflicting State law. Ms. Polumbo stated due to the provisions of Section . 1201.028, the Attorney General in his review of all public securities issued in the State of Texas does not require multiple readings or emergency adoption of an Ordinance authorizing bonds or other obligations