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92 Regular Meeting February 28, 1994 Page 5 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 RED LINE BURGERS FOR EXTENSION OF THE CLOSING DEADLINE FOR SALE OF CITY PROPERTY AT THE INTERSECTION OF HOPKINS AND CHEATHAM STREETS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; AND DECLARING AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING AN ADJUSTED REFUND OF EXCESS ELECTRIC UTILITY PAYMENTS IN THE AMOUNT OF $198,158.18 TO SOUTHWEST TEXAS STATE UNIVERSITY; AND DECLARING AN EFFECTIVE DATE. Mayor Morris introduced for consideration Item 8.C. (1) 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 AN EMERGENCY PROCUREMENT OF WASTEWATER SAMPLING SERVICES TO PRESERVE AND PROTECT THE PUBLIC HEALTH AND SAFETY OF THE CITY'S RESIDENTS; APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT WITH NATIONAL ENVIRONMENTAL TESTING, INC.; 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. Guerra seconded the motion. Mr. Moore stated wording in No. 3 of the RECITALS needed changing from "manpower". Mayor Morris moved to table the Resolution and Mr. Guerra seconded the motion, which passed unanimously. Mayor Morris introduced for consideration Item 8.C. (9) 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, ACCEPTING A GRANT AWARD FROM THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS IN CONJUNCTION WITH THE TEXAS DEPARTMENT OF COMMERCE FOR THE ESTABLISHMENT OF A SMALL BUSINESS INCUBATOR; AUTHORIZING THE MAYOR TO SIGN THE ACCEPTANCE LETTER AND DECLARING AN EFFECTIVE DATE. Mr. Plummer moved for adoption of the Resolution and Mr. Hart seconded the motion. Mr. Taylor advised the Council formal approval of the contract was still to be considered by the Council. On roll call the following vote was recorded: AYE: Moore, Hart, Morris, Cox, Plummer. NAY: Mooney, Guerra. ABSTAIN: None. Mayor Morris introduced the City Manager's Report. Mr. Gilley had no report at this meeting. Mayor Morris introduced the City Attorney's Report. Mr. Taylor stated in the Sierra Club vs. Babbitt lawsuit, Judge Bunton's appointment of a monitor was well covered by the media, but there is much more substance to his order. Mayor Morris introduced the City Council's Report. (1) Mr. Moore advised the Council he attended a meeting of the Chamber of Commerce Government Affairs Committee, wherein a railroad bridge was rated as being the highest transportation priority of the County. (2) Mr. Moore advised he had attended a Corridor Council Meeting wherein he was advised Jake Pickle has plans to present IH35 as the NAFTA Highway instead of victoria to Arkansas. Staff was directed to prepare a Resolution of support for the Council's consideration.