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loan conditions. authorizing the Citv Manager to execute this agreement on behalf of the Citv: and declaring an effective date. 15.Consider adoption of Resolution 2011 -78R aDDroving the terms and conditions of an Interlocal Agreement between the Citv Of San Marcos. Texas and Texas State University -San Marcos providing for the construction of utilitv infrastructure and the provision of electric and wastewater service by the Citv to suDDort the Droposed Texas State Performing Arts Center. South Chill Plant, and Parkin Garag authorizin the Citv Manager to execute this agreement on behalf of the Citv: and declarin an effective date. 16.Consider adoption of Resolution 2011 -79R appointing Mavor Daniel Guerrero to fill the unexpired term of office currently held by City Manager James R. Nuse on the Board of Directors of the Hays Caldwell Public Utilitv Agencv: and declarin an effective date. Item 10 was pulled to be considered separately. MOTION: Upon a motion made by Council Member Thomason and a second by Council Member Terry, the City Council voted (7) for and (0) opposed, except on Item #15 where Council Member Porterfield and Council Member Jones abstained (affidavits for business were filed with the City Clerk's Office -see attached), to approve the Consent Agenda, with the exception of item 10 which was pulled from the consent agenda and considered separately. The motion carried. (10) MOTION: Upon a motion made by Council Member Jones and a second by Council Member Porterfield the City Council voted (6) for and (1) opposed, to approve Ordinance 2011 -28, amending the City's 2010 -2011 Budget to approve a revised list of Capital Improvement Projects, as previously captioned. The motion carried. NON - CONSENT AGENDA 17.Consider adoption of Ordinance 2011 -30. on emergency. amending Section 14.006 of the San Marcos Citv Code to establish an exemption from certain building and permit fees for persons repairing or improving their homes. providing for two Citv Council reviews of the Ordinance before the end of this calendar vear. providing a savings clause: providing for the repeal of anv conflicting Drovisions: declaring an emer and providing an effective date. MOTION: Upon a motion made by Council Member Jones and a second by Council Member Scott, the City Council voted (7) for and (0) opposed, to approve Ordinance 2011- 30, on emergency, amending Section 14.006 of the San Marcos City Code to establish an exemption from certain building and permit fees for persons repairing or improving their homes, as previously captioned. The motion carried unanimously. •