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<br />106 <br /> <br /> <br /> <br />Regular Meeting September 10, 1990 Page 5 <br /> <br /> <br />Mayor Morris moved consideration of the emergency addendum to this <br />point in the agenda, adoption of a Resolution relating to litigation <br />involving the proposed demolition of San Marcos (Carroll) Hall on <br />the Southwest Texas state University campus. Jeff Kester stated all <br />efforts with SWTSU to delay demolition of Carroll Hall had been <br />exhausted. He stated the demolition contract has been let. The <br />Heritage Association has voted to use funds collected for the <br />mothballing of Carroll Hall to enter into litigation for temporary <br />and permanent injunction against the Board of Regents. Hays County <br />has agreed to be a party to this litigation so long as no public <br />monies be used, and Mr. Kester stated all monies would be from the <br />private sector. Mr. Kester requested the Council not only adopt the <br />Resolution but also agree to be a party to the injunction with the <br />provision that the expenses would be privately funded. Lee Swift <br />stated any action filed would be filed in Travis County against the <br />Board of Regents, and the City is requested to adopt the Resolution <br />and join in the suit as a party. Mr. Taylor stated the injunction <br />would have to find a flaw in the proceedings of the Board of <br />Regents, and the City may wish to contract with the County and <br />Heritage Association for indemnification. The Council will return <br />to this item following Executive Session. <br /> <br />Mayor Morris introduced for consideration an Executive Session <br />pursuant to Article 6252-17, section 2(e), V.A.C.S., to discuss <br />pending litigation (GBRA vs. City of Lytle, Et AI), contemplated <br />litigation, and matters where the duty of the City Attorney to <br />the City pursuant to the Code of Professional Responsibility of the <br />state Bar of Texas clearly conflicts with Article 6252-17. Ms. <br />Kissler moved to adjourn into Executive Session at 11:20 p.m. and <br />Mr. Hernandez seconded the motion, which passed unanimously. <br /> <br />The City Council reconvened from Executive Session at 12:21 a.m. <br /> <br />Mayor Morris introduced for consideration the emergency addendum, <br />adoption of a Resolution, the caption which was read as follows: <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS, SUPPORTING LEGAL ACTION TO BE UNDERTAKEN BY THE HAYS <br />COUNTY HISTORICAL COMMISSION, THE COUNTY OF HAYS, AND THE <br />HERITAGE ASSOCIATION OF SAN MARCOS AGAINST THE PROPOSED <br />DEMOLITION OF SAN MARCOS (CARROLL) HALL ON THE WEST CAMPUS OF <br />SOUTHWEST TEXAS STATE UNIVERSITY; AND DECLARING AN EFFECTIVE <br />DATE. <br /> <br />There was no motion for adoption of the Resolution. Ms. Kissler <br />moved to not enter into litigation regarding this matter and Mr. <br />Plummer seconded the motion. The Council agreed to reaffirm their <br />previous Resolution adopted August 13 at their Special Meeting on <br />September 17. On roll call the following vote was recorded: <br /> <br />AYE: Hernandez, Hart, Morris, Kissler, Plummer. <br /> <br />NAY: None. <br /> <br />ABSTAIN: Moore. <br /> <br />The meeting adjourned at 12:28 a. . on motion made by Mr. Hernandez <br />and seconded by Ms. Kissler. , . ('V¡. . <br /> <br />Katti J}L ~ <br /> <br />R~.m~ fV\- Mayor <br />IJ~ ~. I I )¡()D'tL-- /P4r1. / <br />lly G. MOO.~\ ^ ~k Hern~ez <br />~or P -Te~ c==il M~~ <br /> <br />Ronald K. Hart e K¡~ <br />Council Member Member <br />