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82 <br />Regular Meeting August 26, 1996 Page 11 <br />a policy decision. Mr. Guerra stated he wants to address the <br />oversizing issue and if Mr. Gilley needs the Council direction now <br />regarding this. Mr. Gilley stated it is needed as soon as possible <br />because the engineering work will begin soon. Mr. Boeker also added <br />another factor to take into consideration is Gary Job Corps' permit <br />to discharge. Mr. Guerra stated there seems to be confusion what <br />direction the Council provided regarding this matter and would like <br />the information reviewed that gave that direction. Mr. Hart stated <br />he will respect the direction Council gave Mr. Gilley but he does <br />not remember that direction being given. Mr. Gilley stated it is <br />not too late to delete the oversize issue. Mr. Guerra stated if <br />oversizing is deleted now, how could we deal with growth in that <br />part of town in the future, and Mr. Gilley stated we could use <br />septic systems, package plants or pursue a separate wastewater line <br />later. Ms. Hughson asked if we know the oversizing will run <br />$500,000.00, and Mr. Gilley stated it is an estimate and could cost <br />more. On roll call the following vote was recorded: <br />AYE: Hughson, Moore, Guerra, Cox, Hernandez. <br />NAY: Mihalkanin, Hart. <br />ABSTAIN: None. <br />Mayor Moore introduced for consideration Item 10.B.(9) 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 THE TERMS AND CONDITIONS OF A LETTER OF INTENT <br />BETWEEN THE CITY AND ELIM WATER COMPANY, INC. (ELIM) FOR THE <br />CITY'S ACQUISITION OF ELIM; AUTHORIZING THE CITY MANAGER TO <br />EXECUTE THE LETTER ON BEHALF OF THE CITY; AUTHORIZING THE <br />FILING OF AN APPLICATION FOR APPROVAL OF THIS ACQUISITION BY <br />THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; AND <br />DECLARING AN EFFECTIVE DATE. <br />Ms. Hughson moved for adoption of the Resolution and Mr. Hart <br />seconded the motion. Ms. Hughson stated this is a major item and <br />should not have been placed on the consensus agenda. Mayor Moore <br />stated this is to approve a letter of intent, put $10,000.00 towards <br />the initiation of the negotiation, allow an evaluation of the system <br />for soundness, and negotiate the fine points of the contract. Mr. <br />Cox stated it is his understanding Elim's issue of outstanding notes <br />is being paid with revenues from their service area and would apply <br />to us also. We would pay for the notes in addition to the stock, <br />but the revenues would pay off the notes for us, and Mr. Gilley <br />stated it would presumably operate in the same manner as it is <br />structured now. Mayor Moore asked upon acquisition if we would <br />alter Elim's rate structure, and Mr. Gilley stated that issue will <br />have to be determined by the Council. Mr. Gilley stated most of <br />Elim's system would be subject to our out of City rate, and our <br />assumption is our City rates would apply. Ms. Hughson asked for a <br />copy of their current rates. The Council voted unanimously for <br />adoption of the Resolution. <br />Mayor Moore introduced the City Manager's Report. The Corridor <br />Business Incubator has requested the City allow them to lease a <br />portion of their building to an anchor tenant who is not an <br />incubator tenant. Our contract with them requires they get approval <br />from the City before they can lease to someone who is not an <br />but <br />incubator tenant. We do not have a procedure to deal with this, <br />Mr. Gilley thinks this should be authorized by the Council rather <br />than the staff, and this could be placed on a Council agenda if <br />Council concurs. Mayor Moore stated the Board of Directors of the <br />Corridor Business Incubator will be meeting and this item needs to <br />be discussed there first. Mayor Moore invited the Council to give a <br />consensus to take this matter to that meeting and then place it on <br />the agenda. Mr. Hernandez stated he would not be interested in <br />doing this. He feels the project has a sole purpose and needs to <br />work only on that purpose. The Council concurred with Mr. <br />Hernandez.