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123 Regular Meeting Juy 27, 1992 Page 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, DIRECTING THE CITY MANAGER TO NOTIFY VF FACTORY OUTLET, INC. OF DEFAULT UNDER A TAX ABATEMENT AGREEMENT; AND DECLARING AN EFFECTIVE DATE. Mr. Moore moved for adoption of the Resolution and Mr. Hernandez seconded the motion. Mr. Hart stated he would not participate in the discussion and vote, because he has had dealings with Mr. Hadley (Mr. Guerra left the meeting at this time (9:05 p.m.). Mr. Hadley provided a plan to correct the default of the agreement. The Council requested Mr. Gilley provide the default payment due, and Mr. Gilley advised $4,751.45. The Council voted unanimously for adoption of the Resolution. Ms. Kissler introduced for consideration Item 8.D.(3) removed from the consensus agenda, 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 AN AGREEMENT BETWEEN THE CITY AND SOUTHSIDE COMMUNITY CENTER, INC. FOR PROFESSIONAL ADMINISTRATIVE SERVICES IN CONNECTION WITH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AFFORDABLE HOUSING PROGRAM GRANT TO THE CITY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; AND DECLARING AN EFFECTIVE DATE. Mr. Moore moved for adoption of the Resolution and Mr. Hernandez seconded the motion. Mr. Moore moved to amend the Resolution caption to read "ADMINISTRATIVE SERVICES IN CONNECTION. . . .", Pages 5 and 6 of the Agreement in section 3.3 for the last sentence to read "ADMINISTRATOR shall insure ,that all required permits are obtained and that all required inspections are completed although the fees for these items will be waived by the CITY", and on Page 7 in section 7.2 in the first sentence to read" . . . will by the CITY upon at least thirty (30) days. . . .", and Mr. Hart seconded the motion, which passed unanimously. The Council then voted unanimously for adoption of the Resolution. Ms. Kissler introduced for consideration approval of expenditures from the Tourist Account for expenses, including TML Exhibitor's Booth, to promote tourism to San Marcos. Mr. Hernandez movéd to approve $2,134.60 for the TML Booth and $1,800.00 for 1000 City pins and Mr. Plummer seconded the motion, which passed unanimously. Ms. Kissler introduced the City Manager's Report. Mr. Gilley stated the Annual Performance Report was now available. Ms. Kissler introduced the City Attorney's Report. Mr. Taylor had no report at this meeting. Ms. Kissler introduced the City Council's Report. (1) Mr. Moore stated the Texas Water Commission will hold a hearing on July 28 regarding the catfish farm in San Antonio, and San Marcos has been asked to make a statement for the record. (2) Ms. Kissler reminded the Council the TML Region VII Meeting will be held in San Marcos on Friday, August 7 and the Council neéds to let the City Secretary know if they plan to attend. Ms. Kissler introduced an Executive Session pursuant to Article 6252-17, section 2(e), V.A.C.S., to discuss pending litigation (Sierra Club vs. Lujan). Mr. Hernandez moved the Council adjourn into Executive Session at 9:48 p.m. and Mr. Moore seconded the motion, which passed unanimously. Mr. Hernandez moved the Council reconvene at ~0:07 p.m. and Mr. Moore seconded the motion, which passed unanimously.