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120 Regular Meeting April 9, 1990 Page 8 should also look at the stand TML and NLC have taken on this issue. Mayor Morris introduced for consideration an Executive Session pursuant to Article 6252-17, Sections 2(e) and (g), V.A.C.S., to discuss pending litigation (GBRA vs. City of Lytle, Et AI; Crystal Clear Water Supply Corporation vs. Texas Water Commission), contemplated litigation, and matters where the duties of the City Attorney to the City pursuant to the Code of Professional Responsibility of the State Bar of Texas clearly conflicts with Article 6252-17; and evaluation of a public employee (City Attorney), respectively. Mr. Hernandez moved to adjourn into Executive Session at 10:12 p.m. and Mr. Plummer seconded the motion, which passed unanimously. Mr. Hernandez moved to reconvene at 12:26 a.m. and Mr. Moore seconded the motion, which passed unanimously. Mayor Morris 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, APPROVING THE TERMS AND CONDITIONS OF A SETTLEMENT AGREEMENT BETWEEN THE CITY AND CRYSTAL CLEAR WATER SUPPLY CORPORATION PERTAINING TO A DUAL-CERTIFIED WATER SERVICE AREA; AND DECLARING AN EFFECTIVE DATE. Ms. Kissler moved for adoption of the Resolution and Mr. Moore seconded the motion, which passed unanimously. Mr. Hernandez moved Agenda Item 8, ~doption of an Ordinance on emergency amending the City Budget Ordinance No. 1989-38 for the 1989-1990 fiscal year to provide funding for fuel storage tank cleanup costs, multi-purpose soccer field construction, acquisition of property from the Nature Conservancy, installation of playground equipment and Airport Terminal construction, be reconsidered and Mr. Plummer seconded the motion. On roll call the following vote was recorded: AYE: Moore, Hernandez, Hart, Morris, Kissler, Plummer. NAY: Guerra. ABSTAIN: None. The motion passed. Mr. Hernandez then moved to amend the Ordinance to approve Exhibit "c" (acquisition of property from the Nature Conservancy) of the Ordinance on first reading rather than on emergency to provide additional time to get another appraisal on the property and Mr. Moore seconded the motion. On roll call the following vote was recorded: AYE: Hernandez, Hart. NAY: Moore, Morris, Guerra, Kissler, Plummer. ABSTAIN: None. The motion failed. The meeting adjourned at 12:33 a.m. on motion made by Mr. Hernandez and seconded by Mr. Moore. 1)~ ç. ~ Billy G. Moore Council Member