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sit (I) l.O ~g 0 o~ ~ cr~ C"-l UJ:! W~ 'o:tI ....Jt: ~ """" Uns >-C/J -' 1-- -0 ::::> 0:>- tt ...., - 0 144. ORDINANCE NO. 2005- 55 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE 2004-2005 CITY BUDGET TO PROVIDE FUNDING FOR LEGAL SERVICES IN CONNECTION WITH THE HOTEL AND CONFERENCE CENTER PROJECT; AND DECLARING AN EMERGENCY. RECITALS: 1. John Q. Hammons, Trustee and the City are pursuing a joint project construction and operation of a hotel and conference center project (the "Project"). 2. The City Council in Resolution No. 2004-133R, approved an agreement between the City and Cox & Smith, Inc. (the firm name for which has been changed to Cox Smith Matthews) to provide legal services in connection with the Project. 3. The staff has identified the need for additional funding for legal services provided by Cox Smith Matthews in connection with the Project, and the staff has recommended that this funding be supplied through this budget amendment. 4. In accordance with Section 8.16 of the City Charter, the City Council declares that a public necessity exists that requires an amendment to the City's 2004-2005 Budget to provide funding for legal services in connection with the Project. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS~ TEXAS: SECTION 1. The City Budget Ordinance for the 2004-2005 Fiscal Year is amended as set forth in the attached Exhibit A, in order to provide funding for legal services in connection with the Hotel and Conference Center Project. SECTION 2. These revisions and reappropriations will be incorporated into the 2004- 2005 City Budget. SECTION 3. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 4. All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed. SECTION 5. The importance ofthis Ordinance creates an emergency and an imperative public necessity, and the provisions of the Charter requiring that ordinances be presented at three separate meetings, and that ordinances do not take effect until ten days after the date of its final passage are suspended, and this Ordinance will take effect upon publication of notice of its adoption in a newspaper of general circulation within the City.