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111. Regular Meeting December 8, 2003 Page 4 Ms. Narvaiz moved for approval of the Ordinance on first reading and Mr. Taylor seconded the Ordinance. Mr. Thomaides inquired whether this would divert the runoff from Sessoms Creek into the river. Pat Fogarty, of Texas State University, stated this Resolution pertains to diverting the runoff from Sessoms Creek to one of the former fish hatchery ponds prior to entering the river. He also stated the pond will serve as a settling pond before the water reaches the river. On roll call the following vote was recorded. AYE: Narvaiz, Thomaides, Montoya, Taylor and Diaz. NAY: None. ABSTAIN: Habingreither and Mihalkanin (disclosure affidavits-business entity filed with City Clerk). Mayor Habingreither introduced for consideration approval of minutes of the Regular Meeting held December 1, 2003, adoption of three Resolutions and approval of Quarterly Investment Report for quarter ending September 30, 2003, on consensus. The Council removed Items ~12 and #13, adoption of Resolutions, to be considered separately. Mr. Montoya moved for approval of minutes of the Regular Meeting held December 1, 2003, adoption of the remaining Resolution and approval of Quarterly Investment Report for quarter ending September 30, 2003, and Ms. Narvaiz seconded the motion, which passed unanimously. The caption of the Resolution reads as follows: Adoption of Resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE PURCHASE OF A STREET SWEEPER FROM KINLOCH EQUIPMENT & SUPPLY, INC.; AUTHORIZING THE PURCHASING MANAGER TO EXECUTE CONTRACT DOCUMENTS ON BEHALF OF THE CITY; AND DECLARING AN EFFECTIVE DATE. Mayor Habingreither introduced for consideration Item 12 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. 1 TO THE AMENDED AND RESTATED AGREEMENT FOR THE NORTH IH-35 WASTEWATER IMPROVEMENTS PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT; AND DECLARING AN EFFECTIVE DATE. Mr. Mark Taylor stated the Staff has requested this Resolution be tabled. Mr. Montoya moved to table until next regular meeting scheduled for January 12, 2004, and Ms. Narvaiz seconded the motion, which passed unanimously.