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<br /> 124 <br /> Regular Meeting September 26, 1994 Page 5 <br /> times until the city's rights. . . that the Improvements are <br /> constructed, installed, maintained and used in accordance with the <br /> conditions of this Agreement," Page 3, section 5. A.l. to read, <br /> "fails to complete construction of the Improvements by the deadline <br /> set out in Section 2 above," Page 5, section 8 to read, "It is <br /> understood and agreed. . . and all Improvements upon the Property <br /> shall be appraised at market value. . . .," and Mr. Hart seconded <br /> the motion. On roll call the following vote was recorded: <br /> AYE: Moore, Mooney, Hart, Morris, Cox, Hernandez. <br /> NAY: None. <br /> ABSTAIN: Guerra (Guerra present at 8:11 p.m.). <br /> On roll call for adoption of the Resolution, the following vote was <br /> recorded: <br /> AYE: Moore, Mooney, Hart, Morris, Cox, Hernandez. <br /> NAY: None. <br /> ABSTAIN: Guerra. ' <br /> The city council then returned to Item 8 on the agenda, adoption of <br /> a Resolution, which caption reads as follows: <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br /> TEXAS, NOMINATING CANDIDATE(S) AND SEEKING THE RECOMMENDATION <br /> BY THE TEXAS MUNICIPAL LEAGUE FOR APPOINTMENT TO NATIONAL <br /> LEAGUE OF CITIES COMMITTEES, AND DECLARING AN EFFECTIVE DATE. <br /> Mr. Moore moved for adoption of the Resolution and to amend PART 1 <br /> to insert the following: Kathy M. Morris, steering - Finance, <br /> Administration and Intergovernmental Relations, Billy G. Moore, <br /> steering - community and Economic Development, Robert Mooney, <br /> steering or Policy - Human Development, Joe B. Cox, Jr., steering or <br /> Policy - Energy, Environment and Natural Resources, and Mr. Mooney <br /> seconded the motion, which passed unanimously. <br /> Mayor Morris introduced for consideration Item 9.C. (8) removed from <br /> the consensus agenda, adoption of a Resolution, the caption which <br /> was read as follows: <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br /> TEXAS, APPROVING AMENDMENT NO. ONE TO THE PROFESSIONAL SERVICES <br /> AGREEMENT BETWEEN THE CITY AND RAM COMMUNICATIONS CONSULTANTS, <br /> INC. IN CONNECTION WITH A TELEPHONE AND RADIO COMMUNICATIONS <br /> SYSTEM FOR THE CITY; AUTHORIZING THE CITY MANAGER TO EXECUTE <br /> THE AMENDMENT ON BEHALF OF THE CITY AND DECLARING AN EFFECTIVE <br /> DATE. <br /> Mr. Moore moved for adoption of the Resolution and Mr. Cox seconded <br /> the motion. The cost will be funded from the SMEU budget, and the <br /> Council requested what the figures would be if this project was cost <br /> allocated. The Council then voted unanimously for adoption of <br />, the Resolution. <br /> Mayor Morris introduced for discussion the City Manager's Report. <br /> Mr. Gilley had no report at this meeting. <br /> Mayor Morris introduced the city Attorney's Report. Mr. Taylor <br /> advised the Council in the Sierra lawsuit the plaintiffs will <br /> receive reimbursement in the amount of $2 million attorney's fees, <br /> and the city's portion will be $100,000.00, which will go back into <br /> the Water/Wastewater utility Fund. <br />