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,..~ ~ L" r- tL I I 178. (~ r- ~';J o~ W '- I, cr::~ ,., ., ~l ~~~(ji U<. lot >-<.nf::. }"- t.L. (30 ;.- ;. r-'-""" ,~; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE 2005-2006 CITY BUDGET TO PROVIDE FUNDING FOR THE SAN MARCOS CONFERENCE CENTER PROJECT; AND DECLARING AN EMERGENCY. ORDINANCE NO. 2006- 5 .e co W L.I.. Lr-> c= RECITALS: 1. The City is pursuing the construction of the San Marcos Conference Center Project (the "Conference Center Project") in conjunction with a hotel to be constructed by JQH - San Marcos Development, LLC at the intersection ofIH-35 South and McCarty Lane. 2. The City Council on February 7, 2006 adopted a Resolution approving a master development agreement with JQH - San Marcos Development, LLC related to the hotel and conference center project. 3. The master development agreement calls for the City to use a "design-build" process to construct the Conference Center Project, and the City staff has identified the need for funding for construction management-owner representative services in connection with the "design- build" process. 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 2005-2006 Budget to provide funding for the Project. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. The City Budget Ordinance for the 2005-2006 Fiscal Year is amended as set forth in the attached Exhibit A, in order to provide funding for the Project. SECTION 2. These revisions and reappropriations will be incorporated into the 2005- 2006 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 ifthey 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 All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed.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 of this 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