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4. Regular Meeting March 8, 2004 Page 4 Mayor Habingreither introduced for consideration approval of minutes of the Regular Meeting held March 8, 2004, adoption of three Ordinances on third and final reading, and adoption of eight Resolutions, on consensus. The Council removed Items #13 and 14, adoption of Ordinances on third and final reading, and Items #15 and 20, adoption of Resolutions, to be considered separately. Mr. Taylor moved for approval of the minutes of the Regular Meeting held February 23, 2004, adoption of one Ordinance on third and final reading, and adoption of six Resolutions, and Mr. Mihalkanin seconded the motion, which passed unanimously. The captions of the Ordinance and Resolutions read as follows: Adoption of Ordinance on third and final reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING CHAPTER 2, ARTICLE 5 OF THE CITY CODE TO PROVIDE FOR SPECIAL COUNSEL FOR THE ETHICS REVIEW COMMISSION; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. Adoption of Resolutions: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AWARDING A CONTRACT TO DU-MOR ENTERPRISES, INC. FOR THE MCCARTY LANE WASTEWATER INTERCEPTOR PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT DOCUMENTS ON BEHALF OF THE CITY; AND DECLARING AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING A PARTIAL WAIVER OF WATER AND WASTEWATER IMPACT FEES FOR THE WILLOW CREEK ESTATES SUBDIVISION, SECTIONS 11 AND 12; AND DECLARING AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, DECLARING THE PUBLIC NECESSITY FOR ACQUISITION OF INTERESTS IN REAL PROPERTY IN CONNECTION WITH THE POST ROAD PAVING AND DRAINAGE IMPROVEMENTS PROJECT; AUTHORIZING NEGOTIATIONS AND SUCH ACTIONS, INCLUDING EMINENT DOMAIN PROCEEDINGS, NECESSARY AND INCIDENTAL FOR THE ACQUISITION OF THESE INTERESTS; AND DECLARING AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY AND KIRKENDALL, FROST & ALLEN FOR LEGAL SERVICES IN CONNECTION WITH THE POST ROAD PAVING AND DRAINAGE IMPROVEMENTS PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; AND DECLARING AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING 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.