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19. Regular Meeting June 11, 2001 Page 8 Ms. Hughson left the Chambers during consideration of this matter, because this is in the vicinity of her home. Mr. Mayhew moved for adoption of the Resolution and Ms. Tatum seconded the motion. Mr. Mihalkanin expressed some concern for the need to replace the line on an emergency basis. Mr. Gilley stated it was not a surprise to Staff that the line needed to be replaced, as it has been in the CIP for awhile. Mr. Gilley stated during the construction of the Metropolitan Apartments, the City thought the line was a 12" line, and in reality it was only a 10" line; and that is why it became an emergency. The developer contributed to the cost of replacement of the line. On roll call the following vote was recorded: AYE: Mihalkanin, Montoya, Chiu, Cox, Mayhew, Tatum. NAY: None. ABSTAIN: Hughson. Mayor Chiu introduced for consideration Item 29 removed from the consent 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 AMENDMENT NO. 4 TO THE DEVELOPMENT INCENTIVE AGREEMENT BETWEEN THE CITY AND SDC FRANKLIN STREET PARTNERS, LTD. FOR THE PROPOSED BISHOP CROSSING SUBDIVISION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT ON BEHALF OF THE CITY; AND DECLARING AN EFFECTIVE DATE. Ms. Tatum moved for adoption of the Resolution and Mr. Cox seconded the motion. Mr. Mayhew stated this was the fourth delay and wanted to know if they had planned for rain delays. Hathem Dawlett stated they anticipated rain days but had not planned on 45 rain days. Mr. Dawlett stated the project would be completed by the end of June, but the testing and acceptance would extend that time. He stated there was a lot of delay with rain and they are bearing $200,000 extra costs on this project. Mr. Mayhew asked Mr. Gilley if the City would incur any costs from the delay, and was advised we would not. Ms. Tatum stated there was a large pothole in the middle of Craddock Ave, near Bishop St. that needed to be fixed, and Mr. Dawlett stated it will be repaired during a punch list and was caused by the use of heavy equipment. Mr. Mihalkanin asked if this was the fourth change to the contract, and Mr. Taylor advised the City had requested three changes of the developer, and there had been apparent unanticipated delays. On roll call the following vote was recorded: AYE: Montoya, Chiu, Cox, Mayhew, Tatum. NAY: Mihalkanin, Hughson. ABSTAIN: None.