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<br />I <br /> <br />I <br /> <br />I <br /> <br />regular meeting, July 9, 1973 <br /> <br />page three <br /> <br />(14- <br /> <br />The Mayor introduced for consideration an ordinance and read <br />the caption as follows: <br /> <br />AN ORDINANCE AMENDING IH~ CODE OF QRDINANCES OF THE CITY <br />OF SAN MARCOS, TEXAS, BfREpEALI NG I N ITS ENT I RETY THE <br />PRESENT SECTION 16-3 OF ARTICLE I OF CHAPTER 16 OF SAID <br />CODE, ENTITLED "SWIMMING, WADING, ETC., IN SPRINGLAKE". <br /> <br />Councilman Cunningham moved the Ordinance be approved on first <br />reading. Counci Iman DeLa Rosa seconded the motion. Those <br />appearing before the Council to request that the Ordinance not <br />be approved were Gene Phill ips, H.G. Stokes, Shirley Wickersham. <br />Dr. Tauch pointed out the fact that the lake was inaccessible <br />since it was surrounded by private property. Mr. DeLa Rosa <br />requested Mr. Cunningham withdraw his motion and allow the <br />ordinance to be tabled to allow the Council to get an attorney's <br />opinion concerning the ownership of the dam; a possible legal <br />place of entry to the lake. Mr. King read from the Plea of <br />Intervention filed by the Attorney General of Texas in a suit <br />contesting the constit,wtional ity of the Apri I. 20, 1966 ordinance. <br />The suit was decided by the court in ~avor~f the City. On <br />roll call, the following vote was recorded: <br /> <br />AYE: <br />NAY: <br /> <br />Cunningham, DeLa Rosa, Etheredge <br />Dibrel I, Flores, King, Tauch <br /> <br />The Mayor declared the motion failed and the ordinance not approved. <br /> <br />Mr. King moved the authorization of the Mayor to execute a <br />contract retaining First Southwest Company as municipal fiscal <br />agent. Mr. DeLa Rosa seconded ,the motion, which pa~sed <br />unanimously. <br /> <br />Mr. King moved the award of bid for Street Improvement Project <br />i-A to Chaney Construction Company of Belton, Texas. Mr. Flores <br />seconded the motion. Mr. Baugh explained that it was necessary <br />for the project to be under contract before the publ ic hearing <br />on the Assessment Program; and that the lowest and best bid <br />was submitted by Chaney Construction Company, in the amount <br />of $202,000.00 for paving and drainage improvements to Thorp <br />Lane, Edward Gary Street, Linda Drive and Bugg Lane. (see bid <br />sheet attached) On roll call, the motion was unanimously approved. <br /> <br />Mayor Etheredge executed the contract with Chaney Construction <br />Company on behalf of the City of San Marcos. <br /> <br />Mr. H. G. Stokes came before the Council to ask why the~County's <br />offer to do the drainage andsub~base work on Thorp Lane. <br />Dr. Tauch explained that it was not possible to find a contractor <br />who would guarantee the work on the road if part of it was done <br />by the County. Mr. Baugh explained that the County was doing <br />the off-site drainage work. <br /> <br />The Mayor opened the publ ic hearing to consider the special <br />assessment for the street improvements to Thorp Lane and <br />Linda Drive. The City Attorney stated that notice of the publ ic <br />hearing had been publ ished as required by law, and that the notice <br />had been mailed to all property owners whose property abutted <br />Linda Drive and Thorp Lane, the notice containing the rate of <br />assessment. Mr. Walker then introduced Joe Baker of Lockwood, <br />Andrews and Newnam, consulting engineering firm retained by <br />the City, who pointed out the location and condition ~f'the <br />streets in the project. Mr. Baker stated that his firm had <br />prepared the cost est i mate, pi ans< and spec i f i cat ions for the <br />project, and that he was acquianted with the method and rate of <br />