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72 Regular Meeting December 6, 1993 Page 2 Mr. Guerra moved for adoption of the Resolution and Mr. Hart seconded the motion. Mr. Plummer moved to amend Part 1 to add the name of Delores Gooding and Mr. Moore seconded the motion. Mr. Guerra moved to amend Part 1 to add the name of Lupe Carbajahl and Mr. Cox seconded the motion. The Council voted unanimously to add the names of Ms. Gooding and Mr. Carbajahl. The Council then voted unanimously for adoption of the Resolution. Mayor Morris 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 AN APPLICATION FOR FUNDING THROUGH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS SMALL BUSINESS INCUBATOR PROGRAM; AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF WITH REGARD TO THE SUBMISSION OF THIS APPLICATION; AGREEING TO PARTICIPATE IN PROGRAM INCOME RECAPTURE; AND DECLARING AN EFFECTIVE DATE. Mr. Moore moved for adoption of the Resolution and Mr. Plummer seconded the motion. Mr. Gilley advised the Council all necessary backup was prepared for the submission. The city applies for the grant and the City is responsible for the administering of the grant. The contract can be structured to address the responsible party for compliance of the construction phase, etc. Vicki Fruit stated the incubator manager will oversee the construction phase. The Industrial Foundation will enter into a contract and the city will have first lien on that contract. During the construction phase, any money the city receives from the revolving loan program will apply to the construction with a two-year maximum period for construction. Such amount of funds will be tracked by the Texas Department of Commerce and refunded to the City at the end of the construction period to the City's revolving loan program. The Industrial Foundation would like to be responsible after two years if the city agrees. Mr. Gilley advised the Council we need to determine who will be responsible in years 1-5 and know our liability. Mr. Gilley was directed to ascertain this financial clarification. Mr. Gilley advised the Council there would be a site visit Friday, December 10 at 10:00 a.m. Mayor Morris moved to amend Part 1 of the Resolution to change the amount to $465,021.00 and in Part 4 to read, "That the city Council. . . in program income recapture by returning net program income from the San Marcos Small Business Incubator Program to the State to~placed in a specially designated Revolving Loan Fund. . . .," and Mr. Moore seconded the motion. Mr. Hart moved a friendly amendment to Part 4 to read, "That the City Council. . . in program income recapture by returning the state's pro rata share of any net proceeds from the disposition of the San Marcos Small Business Incubator Program property to the state for a period not to exceed ~ years, to be placed in a specially designated Revolving Loan Fund. . . .". Mayor Morris agreed to amend her motion and Mr. Moore agreed to amend his second to accept Mr. Hart's suggested amendment. On roll call of the amendment, the following vote was recorded: AYE: Moore, Mooney, Hart, Morris, Guerra, Cox. NAY: Plummer. ABSTAIN: None. Mrs. Fruit advised the purpose of Part 4 is for the income to go back to the State to go to other cities or to go back to San Marcos. On roll call for adoption of the Resolution, the following vote was recorded: AYE: Moore, Mooney, Hart, Morris, Cox, Plummer. NAY: Guerra. ABSTAIN: None. Mr. Moore then moved Mayor Morris, Mr. Hart, Mr. Taylor and Mr. Gilley be authorized to make changes to this wording if the State