08091999 Regular Meeting - Laserfiche WebLink

Home Browse Search

164 Regular Meeting August 9, 1999 Page 5 greater amount, but there would be no guarantee of that. Mr. Cox asked Mr. Stein if the City could get the same quantity and quality from a new well, and Mr. Stein replied there is a high likelihood of this, but it may take more than one well. Mr. Doiron asked if the City should move the wells, and Mr. Stein stated yes. He stated the City is only using 600 gallons per minute and thinks the new wells could produce more, and it is his best opinion the City should explore the new site. Dr. Jerry Supple, President of SWT, stated they have been working on this issue with the City since 1996. Their plans are to combine two buildings at this site and expand a current building to create the Art/Technology/Physics. In 1998 the City Engineer recommended the City not move forward on this matter. SWT had proceeded to design the buildings, which are important to the University and positive for the City. He stated the City Attorney has written a tight contract with the City getting what it needs to have, and SWT's attorney has advised them they should agree to it. These buildings will be something San Marcos can be proud of. It has been difficult for all involved, and if this issue could have been resolved, they could have moved forward last January. They have spent $1.5 million for the design, and if they do not move forward now, it may be years before they can do so. Mr. Doiron moved to move into Executive Session at 8:16 p.m. pursuant to the Government Code, Section 551.071, to seek the City Attorney's advice regarding Comanche Wells and Ms. Hughson seconded the motion, which passed unanimously. Mr. Moseley moved to reconvene at 9:08 p.m. and Mr. Hernandez seconded the motion, which passed unanimously. Ms. Hughson stated the contract requires new wells to be productive and asked about funding for future wells if they were needed. Dr. Supple advised there is no funding for future wells. The funds would need to come from the University HEAF Fund, unless the Higher Education Fund expenditure was determined to be an emergency, then it could come from the Reserve Fund, which has over $8 million, and stated they must respond quickly if a well quits running. Ms. Hughson moved to amend to approve the MBT draft 8-9-99 version of the agreement and Page 8, Item J as per the City Attorney's memo, . . With respect to SWT's obligation to maintain the productivity and quality of the new well(s), Uncontrollable Circumstance is limited to 1) conditions caused solely by a decline in the general level of the Edwards Aquifer that cause a similar decrease in the productivity of other City wells in the vicinity and 2) conditions caused directly and solely by the negligent, grossly negligent, wilful or intentional conduct of the City, its officers or employees. . . . .", and Mr. Hernandez seconded the motion, which passed unanimously. On roll call for adoption of the Resolution, the following vote was recorded: AYE: Moseley, Cox, Hernandez. NAY: Mihalkanin, Hughson, Doiron. ABSTAIN: None. The motion failed for lack of a majority. Mr. Mihalkanin 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, AWARDING A CONSTRUCTION CONTRACT FOR THE WASTEWATER TREATMENT PLANT BIOFILTER PROJECT TO BRYAN CONSTRUCTION COMPANY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT DOCUMENTS ON BEHALF OF THE CITY AND DECLARING AN EFFECTIVE DATE. Mr. Cox moved for adoption of the Resolution and to amend the contract amount from $193,000 to $205,265 and to add an Item 3 to