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- 139 Regular Meeting Apri128,1997' Page 11 NAY: Mihalkanin Motion passed. Mayor Pro-Tem Hernandez 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, RESCINDING THE RESOLUTION ADOPTED ON FEBRUARY 24, 1997 IN WHICH THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY AND THE CITY OF KYLE FOR WATER SUPPLY TO CHAMPIONS BUSINESS PARK WERE APPROVED; APPROVING THE TERMS AND CONDITIONS OF A REVISED AGREEMENT; AND DECLARING AN EFFECTIVE DATE. Ms. Hughson moved for adoption and Mr. Guerra seconded the motion. Ms. Hughson questioned Item 6(c.) of the agreement and asked why was it needed. Mr. Gilley stated it did not have to be but the City of Kyle wanted it be part of the regional surface water agreement. Mr. Gilley stated they are observing growth in and around their city and don't have the capacity to handle it and are looking for an alternative. Ms. ,Hughson asked if as a result of the negotiations would Kyle sign the agreement if subsection (c.) was stricken. Mr. Gilley stated he did not know. Ms. Hughson asked if whatever happened to item (c.) would have an effect on whether or not the rest of it happened. Mr. Gilley stated no it would not bind the City to provide a surface water solution for the City of Kyle. Ms. Hughson stated sometime in the past when a CCN occurred about 10 years ago why was this not done at that time. Ms. Hughson stated if the City needed to look at taking care of some things with the new agreement so 10 years from now something like this does not come up and hold the project for several months. Mr. Gilley stated no agreement was reached 10 years ago. Ms. Hughson asked if the City needed to investigate similar situations now to alleviate this problem later. Mr. Gilley stated he would attempt to identify similar situations and would bring these back to Council. Mr. Guerra asked if the agreement before the Council was a result of Mr. Gilley and the Mayor's input. Mr. Gilley stated it was the input of himself, Mr. Taylor, Mr. Montague and Mr. Knight. Mr. Guerra asked if the City of Kyle had knowledge of and concur with the agreement. Mr. Gilley stated the language was acceptable to Kyle and their Council will consider it tomorrow night and thinks they will approve it. On roll call the motion passed unanimously. Mayor Pro-Tem Hernandez 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, OPPOSING THE PASSAGE OF PROPOSITION NO. ONE REGARDING THE USE OF MARIJUANA FOR MEDICAL PURPOSES; AND DECLARING AN EFFECTIVE DATE. Mr. Guerra moved for adoption of the Resolution and Mr. Mihalkanin seconded the motion. Mr. Guerra moved to amend Recital 3. by deleting "Although the City Council is fully cognizant that there are medical disorders that may benefit from treatment involving marijuana," and starting with "The" and the rest of the sentence. Mr. Guerra stated he did : not have personal knowledge of this being a fact. Ms. Hughson seconded the motion ! which passed unanimously. On roll call the motion for adoption of the Resolution passed unanimously. Mayor Pro-Tem Hernandez introduced for consideration approval of an expenditure from the Tourist Account in the amount of $9,345.00. Mr. Cox moved for approval and Mr. Guerra seconded the motion. Ms. Hughson stated during her time of service on CVB they had excellent orientation and learned by law this type of money had to be used to draw tourists to stay in motels to replenish the Hotel/Motel Occupancy tax. Ms. Hughson stated she did not think that City pins for San Marcos citizens is a legal use of this money and there are other places where this money can be used legally. Ms. Hughson stated the