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68. Regular Meeting April 19, 2005 Page 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS APPROVING SUPPLEMENTAL AGREEMENT NO. 4 TO LEASE AGREEMENT NO. DTFA07 85-L-OI095 BETWEEN THE CITY AND THE UNITED STATES OF AMERICA RELATE] TO SITES FOR AERIAL NAVIGATION AND FLIGHT SUPPORT SYSTEMSi AUTHORIZINL THE CITY MANAGER TO EXECUTE THIS SUPPLEMENTAL AGREEMENT AND TO ACT IN ALL MATTERS RELATED TO THE AGREEMENT ON BEHALF OF THE CITYi AND DECLARING AN EFFECTIVE DATE. Mayor Narvaiz introduced for removal from table and consideration Item 13, 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, AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE FROM THE UNION PACIFIC RAILROAD COMPANY A 1.221 ACRE TRACT OF LAND IN THE 1400-1500 BLOCKS OF POST ROAD IN CONNECTION WITH THE POST ROAD PAVING AND DRAINAGE IMPROVEMENTS PROJECT; AND DECLARING AN EFFECTIVE DATE. Mr. Mihalkanin moved to remove from the table and adoption of the Resolution, and Mr. Guerrero seconded the motion. Mr. Taylor inquired to whether this tract of land was needed to widen Post Road paving and drainage improvements. Mr. O'Leary stated this of land is needed for the improvements to Post Road. He stated in June 2004, a Memorandum of Understanding to acquire right-of-way from Union Pacific Railroad was executed. He also stated before the sale, UPRR added requirements to the sale, which were not in the best interest of the City. He stated the City seeks to exercise the powers of eminent domain to acquire the right-of-way. Ms. Anderson, Director of Engineering, stated Staff is still working with Union Pacific and encouraged the Council to table this item. Mr. Taylor moved to table the Resolution until the Regular Meeting scheduled May 3, 2005, and Mr. Diaz seconded the motion, which passed unanimously. Mayor Narvaiz introduced for consideration Item IS, 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, AUTHORIZING THE SUBMISSION OF A TEXAS HOME INVESTMENT PARTNERSHIPS PROGRAM GRANT APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR FUNDING FOR A OWNER-OCCUPIED HOUSING ASSISTANCE PROGRAM; AUTHORIZING THE CITY MANAGER TO ACT IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE HOME PROGRAM; APPROVING THE WAIVER OF FEES AND THE CONTRIBUTION OF IN-KIND SERVICES AND INTERIM FINANCING TOWARDS THIS PROGRAM; AND DECLARING AN EFFECTIVE DATE. Mr. Mihalkanin moved for adoption of the Resolution, and Mr. Guerrero seconded the motion. Mr. Taylor stated he had received calls from citizens encouraging the Council to support this Resolution. Linda Costley,