09281987 Regular Meeting - Laserfiche WebLink

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31 Regular Meeting September 28, 1987 Page 2 the nonpayme:1t reconnect charge and the delinquent bill collection charge deleted from Exhibit C of the Ordinance, because he does not think they are rates and therefore does not feel the SMEU Board can make those recommendations to the Council. Mr. Hankins advised the Council he has researched the definition of rates and tariffs, and that they are the same thing. Mayor Younger and Austin Curlee both recommended the Council approve the Ordinance in its entirety. Mr. Guerra wants to place an item on the agenda in October regarding the SMEU Board. No one else wished to speak for or against the Ordinance, so Mayor Younger closed the public hearing. Mr. Guerra moved for adoption of the Ordinance on emergency and Ms. Kissler seconded the motion, which passed unanimously. Mr. Guerra requested the Council move to Item 17.B. on the Agenda, to hold a discussion regarding the City instituting a Minority Busi- ness Enterprise Program for all City contracts. Mr. Guerra advised the Cities of Austin and San Antonio have minority business enterprise programs regarding award of bids for projects, and he would like to see the City of San Marcos institute such a program with incentives for minority businesses in San Marcos. Ofelia Vasquez, Chairman of the Minority Commission, advised the Commission has been working on drafting an Ordinance for the City, and that the main obstacle for minority businesses bidding on City projects has been the requirement of the performance bond, as it is so expensive. She stated maybe the City could retain a percentage of the contractor's draw or some other requirement in lieu of the performance bond. Mr. Hankins advised the Council there is a state law requiring performance bonds on Public Works' projects over $25,000 where subcontractors are used. Mr. Gon- zalez advised a lot of times subcontractors that are used are minorit} businesses, but the Staff could look at other alternatives possibly. Mr. Hankins stated in projects other than Public Works' projects, the City has more flexibility. Mr. Guerra stated he wants us to be able to look locally for contractors for our projects. Mr. Gonzalez stated the City could work with insurance companies to try to bond the contractors, but that there is not enough Staff to handle the paperwork the City of Austin has with their progræn. Mayor Younger introduced for consideration a public hearing and approval of an Ordinance on first reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE CODE OF ORDINANCES OF SAID CITY TO INCLUDE AN APPENDIX I, TO BE ENTITLED "PUBLIC RIGHT-OF-WAY CONSTRUCTION ORDINANCE", REGU- LATING THE SITING, DESIGN AND CONSTRUCTION WITHIN THE PUBLIC RIGHT-OF-WAY BY DEFINING TEPMS¡ REQUIRING PERMITS FOR CONSTRUCTION; SETTING REQUIREMENTS FOR CONTRACTORS PERFORMING CONSTRUCTION; ESTABLISHING PERMIT FEES; PROVIDING A PERMIT TERM; EXEMPTING CER- TAIN CONSTRUCTION FROM COMPLIANCE; PROVIDING PENAL- TIES; PROVIDING FOR APPEALS; PROVIDING FOR SEPARABI- LITY; AND DECLARING AN EFFECTIVE DATE. Mayor Younger opened the public hearing and asked if anyone wished to speak in favor or in opposition to the Ordinance. No one did, so Mayor Younger closed the public hearing. Mr. Nicola moved to table first reading of the Ordinance until October 12,1987 and Mr. Brown seconded the motion, which passed unanimously. A public hearing will be scheduled for October 12 also.