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21 ~l Regular Meeting December 17, 1990 Page 4 CONFLICTING ORDINANCES; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. Ms. Kissler moved for adoption of the Ordinance on third and final reading and Mr. Moore seconded the motion. Ms. Kissler moved to amend the caption of the Ordinance to delete from the first line the duplicate words "OF THE CITY COUNCIL" and Mr. Moore seconded the motion, which passed unanimously. The Council voted unanimously for adoption of the Ordinance on third and final reading. Mayor Morris introduced a discussion regarding the establishment of an escrow fund for public improvements in the Estates of San Marcos Subdivision and direction to Staff. Mr. Gilley advised the Council in order for this subdivision within the City's ETJ to be platted, $30,000 of public improvements need to be made. An alternative that could be considered would be to establish an escrow fund, and as the lots are sold, a fee could be collected on each lot that would go into the fund. When all lots are sold, the public improvements could be performed. Mr. Gilley stated it would be costly for the City to administer the fund. Mr. Taylor was directed to work with the Homeowners' Association to find a way to set up an escrow account and bring the information to the Council at the January 14, 1991 meeting. Mayor Morris introduced the City Manager's Report. (1) Mr. Gilley advised the Council the Central Appraisal District has notified the City they were adding back $12 million (protests that were not upheld before the Appraisal Review Board). (2) Mr. Hart asked Mr. Gilley if the Council could receive a report from the Solid Waste Committee, and a report will be forthcoming January 14, 1991. Mayor Morris introduced the City Attorney's Report. (1) Mr. Taylor advised a closing is scheduled on the Gary Job Corps exchange Wednesday, December 19. (2) Mr. Taylor advised the closing was held last Wednesday, December 12, on the Nature Conservancy property. Mayor Morris introduced the City Council's Report. (1) Mr. Guerra wants the Legislature to pursue requiring by statute anyone selling or serving alcohol to require identification and age. Rather than go through Texas Municipal League for this change, Mr. Guer~a moved to bring Item 7.C.(4), adoption of a Resolution, adopting a Legislative Program for the 72nd Session of the Texas Legislature, back to the table for reconsideration and Mr. Hart seconded the motion, which passed unanimously. Mr. Guerra moved to amend the Resolution to add following legislation which the City of San Marcos will support: "To amend the Texas Alcoholic Beverage Code to create a mandatory requirement that Texas Alcoholic Beverage Code license or permit holders verify the age of persons to whom they sell or serve alcoholic beverages through a check of valid legal identification," and for adoption of the Resolution as amended, and Mr. Hart seconded the motion, which passed unanimously. Mayor Morris introduced for consideration an Executive Session pursuant to Article 6252-17, Sections 2(e) and (f), V.A.C.S., to discuss matters where the duty 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; purchase of real property and lease of real property, respectively. Mr. Moore moved to adjourn into Executive Session at 9:05 p.m. and Mr. Hart seconded the motion, which passed unanimously. Mr. Plummer moved to reconvene at 9:55 p.m. and Mr. Guerra seconded the motion, which passed unanimously. The meeting adjourned at 9:56 p.m. on motion made by Mr. Guerra and seconded by Ms. Kissler. ~ . ~ Kat~ ;1~iS Mayor ~()~