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69 Regular Meeting November 28, 1988 Page 5 REGARDING PUBLIC AUCTIONS, GARAGEKEEPERS IN POSSESSION, DISPOSAL TO DEMOLISHERS AND DUTIES OF DEMOLISHERS; TO ADD DIVISION 4, JUNKED VEHICLES, TO SAID ARTICLE DECLARING SAID VEHICLES A PUBLIC NUISANCE, PROHIBITING JUNKED VEHICLES ON STREETS, HIGHWAYS AND PRIVATE PROPERTY AND SETTING FORTH EXCEPTIONS, PROVIDING FOR HARDSHIP APPEALS, SETTING FORTH PROCEDURES AND NOTICE REQUIREMENTS FOR ABATING PUBLIC NUISANCES, PROVIDING FOR DISPOSAL OF SUCH VEHICLES, AUTHORIZING ENFORCEMENT ON PRIVATE PROPERTY, AND DECLARING THE EFFECTIVE DATE OF SAID DIVISION 4; PROVIDING FOR SEVERABILITY; RENUMBERING THE REMAINING SECTIONS OF SAID CHAPTER; AND DECLARING AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING CHAPTER 16, MISCELLANEOUS OFFENSES AND PROVISIONS, ARTICLE I, SECTION 16-12 OF THE SAN MARCOS CODE OF ORDINANCES TO INCLUDE AS OFFENSES STOPPING AND STANDING ON RAILROAD TRESTLE BRIDGES CROSSING THE SAN MARCOS RIVER; AND DECLARING AN EFFECTIVE DATE. Mayor Morris introduced for consideration Item lO.D., which was removed from the consensus agenda, adoption of a Resolution, the caption which was read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A CONTRACT WITH THE TEXAS DEPARTMENT OF HEALTH IN CONNECTION WITH THE WOMEN, INFANTS AND CHILDREN PROGRAM, AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT, AND DECLARING AN EFFECTIVE DATE. Mr. Guerra moved for adoption of the Resolution and Ms. Kissler seconded the motion. Mr. Hernandez moved to amend the contract on the first page to add the performing agency fiscal year ending month as September, to change the finance officer contact from Betty Oliver to Donna Farley and Exhibit A from Date Processing to Data Processing, and Mr. Plummer seconded the motion, which passed unanimously. The Council then voted unanimously for adoption of the Resolution. Mayor Morris introduced for consideration authorization to bid asphalt. Ms. Kissler moved to authorize bidding and Mr. Moore seconded the motion, which passed unanimously. Mayor Morris introduced for consideration authorization to bid computer hardware equipment. Ms. Kissler moved to authorize bidding and Mr. Brown seconded the motion, which passed unanimously. Mayor Morris introduced for consideration award of bid on the East Bugg Lane Paving and Drainage Improvements contract. Mr. Plummer moved to award bid to DuMor Enterprises of San Antonio, Texas in the amount of $311,872.75, and Mr. Hernandez seconded the motion, which passed unanimously. Mayor Morris introduced for consideration award of bid for bulk fuel. Ms. Kissler moved to award the bid to Tolson Oil Company of Austin, Texas (#2 diesel for $.3887 per gallon; regular leaded gasoline for $.5099 per gallon; and super unleaded gasoline for $.5767 per gallon) in an amount not to exceed $162,650.00, and Mr. Moore seconded the motion, which passed unanimously. Mr. Brown moved the Council adjourn into Executive Session pursuant to Article 6252-17, Sections 2 (e), (f) and (g), V.A.C.S., to discuss pending litigation (Allen vs.City; Brown vs. City) and matters where the duties of the City Attorney to the City pursuant to the Code of Professional Responsibility of the State Bar of Texas clearly conflicts with Article 6252-17; exchange of real property (portions of Lowman Airfield); and evaluation of a public officer or employee, respectively, and Mr. Plummer seconded the motion, which passed unanimously (8:21 p.m.).