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<br />II <br /> <br />I <br /> <br />III <br /> <br />MINUTES OF THE SPECIAL MEETING <br />OF THE CITY COUNCIL OF THE CITY <br />OF SAN MARCOS, TEXAS, JULY 7, 1980 <br /> <br />51 <br /> <br />PRESENT: Mayor <br /> <br />Kenneth V. Kraus <br /> <br />Council Members <br /> <br />Karl W. Brown <br />Robert L. Cavazos <br />Berry R. James <br />Tess Norris <br />John J. Stokes <br /> <br />City Manager <br />City Secretary <br />City Attorney <br />Director of Finance <br />Director of Public Safety <br />Director of Community Services <br /> <br />A. C. Gonzalez <br />Doriss Hambrick <br />Barbara Edwards <br />Earl Williams <br />Bob Minnie <br />Albert Sierra <br /> <br />Also Present: Ed Salinas, Jerri Martin, Jake Krauskopf, Shirley <br />Wickersham, Tommy Norris, Ken Long, Jeff Watkins, Joe Garza, Mr. & <br />Mrs. pryatel, Sharyl Werner, George Vandervort, Walter Schuelke, <br />Wesley Plant, C. L. Schmidt, John Kreczmer, Ralph Gonzales, Evelyn <br />Honea, Terry Roberts, Melissa Millecam, Lupe Crus, Joe Cox and others. <br /> <br />The Mayor called the meeting to order at 7:30 p.m. <br /> <br />The Mayor introduced for consideration an Ordinance on second <br />reading having the following caption: <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS, AMENDING THAT ORDINANCE ADOPTED <br />APRIL 14, 1980 WHICH GRANTED TO RIVER TAXI SERVICE <br />A FRANCHISE FOR ONE YEAR TO OPERATE AND MAINTAIN A <br />TAXI SERVICE WITHIN THE CORPORATE LIMITS OF SAID CITY <br />FOR THE PURPOSE OF TRANSPORTING PERSONS USING INNERTUBES <br />ON THE SAN MARCOS RIVER BY DELETING THE REQUIREMENT <br />THAT ANY INSURANCE POLICY PROCURED CONTAIN A WAIVER <br />OF THE SUBROGATION RIGHTS OF THE INSURANCE COMPANY <br />AGAINST CITY; BY REQUIRING INDEMNIFICATION BY SERVICE <br />WHEN CITY HAS CAUSED DAMAGES, CLAIM, LOSS, DEMAND, SUIT, <br />JUDGMENT, COST OR EXPENSE AND DECLARING AN EFFECTIVE DATE. <br /> <br />Mr. Stokes moved to approve the Ordinance on second reading. Mr. <br />Brown seconded the motion, which passed unanimously. <br /> <br />The Mayor introduced for consideration an Ordinance on first reading <br />having the following caption: <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS, ANNEXING TO SAID CITY A CONTIGUOUS <br />TRACT OF LAND CONTAINING 20.91 ACRES LOCATED WITHIN <br />THE EXTRATERRITORIAL JURISDICTION OF SAID CITY AND <br />LYING ADJACENT TO PRESENT CITY BOUNDARIES AND ESTABLISHING <br />AN EFFECTIVE DATE. <br /> <br />Mr. Cavazos moved to approve the Ordinance on first reading. Mr. <br />James seconded the motion. Mr. Stokes questioned the generality <br />of the letter submitted by Kelly Kilber and the fact that no staff <br />comments were provided for this item. The City Manager stated that <br />there was no clear policy in regards to a situation where utility <br />overage was justified but funds were lacking to pay for the extra <br />expense. The question was raised - if a developer wants to develop <br />and overage is justified but there is no funds for the overage expense - <br />are extensions allowed only to provide immediate needs or are extensions <br />denied until funds are available? The City Manager stated that the <br />funds required to serve not only Mr. Salinas's property, but the <br />surrounding area were not available. He said a rough estimate was <br />$50,000 for this service. Mr. Stokes said that if the City was not <br />able to afford the difference in oversizing, then the developer should <br />be allowed to provide service to his site. Mr. Brown stated that the <br />