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81 Regular Meeting February 26, 1996 Page 6 Mayor Morris introduced for consideration Item 10.D. (10) removed form 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 A PROPOSED DONATION AGREEMENT BETWEEN THE CITY AND WILLIAM H. CROOK; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND DECLARING AN EFFECTIVE DATE. Mr. Moore moved for adoption and amendments of the Resolution and Mr. Mooney seconded the motion. Mayor Morris read the amendments to the Resolution as follows, Section 3 " .. . 530,000 of the donation will be used for the purpose of restoring the greenhouse ... , the remaining $70,000 will be applied to trails ...", Section 5 "... name of the area of City Park .. . William and Eleanor Crook River Park ... add Section 6 "Maintenance and upkeep of the park ... obligation of the City of San Marcos ...", Section 7 "The project will begin no later than 60 days after receipt of the gift ...", and renumber Section 8. Mr. Guerra asked why there were so many changes. Mr. Taylor stated the agreement was not complete when the City Council left for their budget workshop, but was revised upon his return on Monday. Mr. Gilley stated the City may apply for grant funds to help fund the donation project but if we do not receive the funds, the project will proceed. The Council then voted unanimously for adoption of the Resolution. Mayor Morris introduced for consideration Item 10.D. (11) 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, AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER EQUIP??AENT LEASE/PURCHASE AGREEMENT, AND RELATED INSTRUMENTS BETWEEN THE CITY AND SIGNET LEASING AND FINANCIAL CORPORATION; DETERMINING OTHER MATTERS IN CONNECTION THEREWITH; AND DECLARING AN EFFECTIVE DATE. Mr. Hernandez moved for adoption of the Resolution and Mr. Cox seconded the motion. Mayor Morris moved to amend Article V, Section 5.05 to read " Continuation of Term by Lessee. Lessee intends, subject to the provisions of Section 5.06, to pay all Rental Payments," and to number Section 5.06 "Nonappropriation"; and on page 6 to renumber in the paragraph 5.06 to 5.05, and Mr. Cox seconded the motion, which passed unanimously. The Council then voted unanimously for adoption of the Resolution. Mayor Morris introduced the City Manager's Report. Mr. Gilley advised the Council he received a letter today from the regional office regarding the CDBG funding and the 55% reduction of funding relates to the 1996-1997 fiscal year. Mr. Gilley stated he was still seeking confirmation of the letter and would advise the Council in the next couple of days. Mayor Morris introduced the City Attorney's Report. Mr. Taylor advised the Council the Edwards Aquifer Litigation was filed in Judge Bunton's Court last week by the Sierra Club. He stated the aquifer had declined below the 650 level. Mayor Morris directed Mr. Gilley to implement Stage 2 for San Marcos. Mayor Morris introduced the City Council's Report. (1) Mr. Cox stated he received a citizen's concern regarding the traffic situation and safety of the children on Hunter Road between the two schools. He asked if the City would be interested in adding sidewalks. The Mayor stated Hunter Road was a state road with a state right-of-way. Mayor Morris suggested speaking with the state to put in their future plans to build sidewalks on Hunter Road. (2) Mr. Mooney stated a citizen inquired about a River Commission. It was consensus of Council not to create another Board, and river matters have often been the subject of the Parks and Recreation Advisory Board. Mayor Morris introduced an Executive Session pursuant to the Government Code, Section 551.071, to discuss pending litigation (Sierra Club vs. Babbit) and matters where the City Attorney's ethical duty to the City clearly conflicts with Government Code, Chapter 551