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158 Regular Meeting August 24, 1992 Page 3 Ordinance. Mayor Morris 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 EXHIBITS A AND B TO SECTIONS 30-27 AND 30-35, RESPECTIVELY, OF THE SAN MARCOS CODE OF ORDINANCES TO INCREASE THE CHARGES TO BE PAID BY ALL PERSONS OWNING OR OCCUPYING PREMISES WHICH ARE CONNECTED WITH THE CITY WATER SYSTEM, AND TO INCREASE THE RATES FOR SERVICES TO USERS OF THE CITY SANITARY SEWAGE SYSTEM, AND DECLARING AN EFFECTIVE DATE. Mayor Morris opened the public hearing and asked if anyone wished to speak. No one did, so Mayor Morris closed the public hearing. Mr. Moore moved for approval of the Ordinance on first reading and Mr. Plummer seconded the motion. Mr. Boeker stated the potential demand is what has to be addressed, how much can be placed on the system at one time. The Council voted unanimously for approval of the Ordinance on first reading. Mayor Morris 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, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY AND BROWNING-FERRIS, INC. FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; AND DECLARING AN EFFECTIVE DATE. Mr. Guerra moved for adoption of the Resolution and Mr. Hernandez seconded the motion. Mr. Moore stated he was aware of someone who had wanted to bid when the City went to bids for these services. Mr. Taylor stated the Council had directed Staff to proceed to see if the City could negotiate a 5-year contract with BFI for a fair price, and Mr. Taylor stated a contract was negotiated at a reduced cost. Mayor Morris stated the recycling information has not yet been received the city has requested from Longhorn Disposal. Mr. Plummer asked about the length of the term and fairness to other bidders to combine the services into one package. Mr. Moore stated we currently have 17% of the residential collection being recycled. Mr. Hernandez expressed concern the citizens are not using the program. Mayor Morris moved to amend the contract as follows: Section 6 to add "September 1, 1992;" Section 10 to read "The Contract shall be for a five (5) year period beginning upon the execution of this Contract and ending five (5) years thereafter. The initial five (5) year term of this Contract shall be extended automatically for additional five (5) year terms, unless one party notifies the other party in writing, not less than one hundred eighty (180) days prior to the expiration of the initial five (5) year term or of any successive five (5) year term, of its intentions to terminate this Contract. Any such written notice shall be served by certified or registered mail, return receipt requested." "If the term of this Contract is extended as provided for herein, all extensions shall provide for a performance security as described in Section 12.00;" Section 11.00 to read, ". . . Worker's Compensation, . . . . All insurance shall be by insurers and for policy limits acceptable to the City by insurers and for policy limits acceptable to the City and before commencement of work hereunder, and annually thereafter, . . . .," Section 13.00, Subparagraph 13.01(a) to read, ". . . fixed by the proposal, as adjusted. . . .;" Section 13.02(c) to read, " . . . . The Contractor's petition. . . the reasons for. . . .i" Section 15.00 to read, "The Contractor shall have sole and exclusive right to provide. . . . The Contractor shall. . . Residential Units, except as may be covered £y ~ City recycling program for all Residential Units;" Section 16.00 to read, "Such title to Refuse and Dead Animals as may be . . . .;" Section 17