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98 Regular Meeting March 12, 1984 Page 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT FOR SERVICE BETWEEN SAID CITY AND THE SOIL CONSERVATION SERVICE, AN AGENCY OF THE UNITED STATES DEPARTMENT OF AGRICULTURE, FOR THE CONSTRUC- TION OF A BASIC RECREATIONAL FACILITY ALONG THE SAN MARCOS RIVER IN SAID CITY; AUTHORIZING THE MAYOR OF SAID CITY TO EXECUTE SAID AGREEMENT ON BEHALF OF SAID CITY AND DECLARING AN EFFECTIVE DATE. Mr. Farr moved for adoption of the Resolution and Mayor Craddock seconded the motion. During discussion Mr. Gonzalez pointed out the problems we are unable to get the easements and title work done for the project. He said we need easements to go under the r?ilroad trestle at Rio Vista Park and the Railroad Company has provided us with a license to go underneath the trestle to install a footbridge to extend the trail through that area. How- ever, in the license there is a provision which would place the City liable for all liability that may be involved with anyone's negligence, including the railroad's, which the City does not find acceptable. Another major difficulty regards title clearance of all the property inthat general area which the City acquired through Community Development Urban Renewal monies of approximately 200 acres. It would cost $5,000 to $6,000 for the title work to be prepared to prove the City's ownership in the 200 acres. Mr. Hankins said Staff had discussed some ways in which the City could reduce the possibility to damage, such as fencing the trestle so that people cannot jump off, which would be one of the things that could lead to an accident. Mr. Hankins said he was uncomfortable with that type indemnity provision, but that it has gone back to the railroad company for further consideration. He wants the Council to understand that if the City proceeds with the agreement, there could be a need for expenditure in the future in connection with B2 of the agreement. Mr. Kreczmer moved to table this item until the indemnity clause could be worked out with the Railroad Company and Mr. Guerra seconded the motion. On roll call the fol- lowing vote was recorded: AYE: Guerra, Craddock, Kreczmer. NAY: Brown, Farr, Kissler. ABSTAIN: None. The motion failed. On roll call for the adoption of the Resolution, the following vote was recorded: AYE: Brown, Farr, Guerra, Craddock, Kissler. NAY: Kreczmer. ABSTAIN: None. Mayor Craddock introduced for consideration 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 MORTGAGING OF A LEASE BETWEEN SAID CITY AND GT+3 FLIGHT OPERATIONS, INC. AS SECURITY FOR A LOAN TO SAID GT+3 FLIGHT OPERATIONS, INC. BY NOLTE NATIONAL BANK OF SEGUIN, TEXAS; AUTHOR- IZING THE MAYOR OF SAID CITY TO EXECUTE THE "CONSENT BY LESSOR TO MORTGAGE OF LEASEHOLD BY LESSEE" AND DE- CLARING AN EFFECTIVE DATE.