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98 Regular Meeting September 11, 1995 Page 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE WAIVER OF CERTAIN BUILDING PERMIT FEES FOR THE SAN MARCOS AREA FOOD BANK AND DECLARING AN EFFECTIVE DATE. Mayor Morris introduced for consideration approval to remove from the table and consider approval of an Ordinance on second reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING ORDINANCE 1994-42 TO REVISE SEWER SURCHARGE RATES¡ INCLUDING PROCEDURAL PROVISIONS¡ PROVIDING FOR PENALTIES AND DECLARING AN EFFECTIVE DATE. Mr. Moore moved to remove the Ordinance from the table and consider approval of the Ordinance on second reading and Mr. Cox seconded the motion. Mr. Cox moved to amend the Ordinance to change the effective date from September 1, 1995 to October 5, 1995. There was no second and the motion died. Mr. Moore advised the Council he had witnessed the test of Allyn Gill after a rain, and there was sludge in the port. Mr. Gilley stated Thermon and SWT are now in compliance and off the surcharge program. Mr. Gilley stated Staff wants all tests to be done accurately and fairly. We have a mandate and believe we have the most effective way to achi~e results. - Mr. Boeker advised many under the surcharge program have reduced their COD levels. He stated if testing hits during four high peak periods, then they will have a high level. He expressed the program is fair and we have even done some dye testing to achieve results. He again reiterated Staff will be happy to work with anyone who is getting high readings. Mr. Hernandez stated he is concerned for the smaller businesses who are unable to make the capital investments needed to reduce their COD levels or are not yet convinced it will help them. He hopes the City can help businesses lower their CODs who are hit hard. Mr. Boeker advised Mr. Cox 42 businesses show increased readings, but some of those are small percentages. Mr. Boeker stated some businesses have drastic increases but we do not yet know why, as we are still gathering information. Mr. Hart stated he is still receiving calls regarding the program. He stated the program is not ready to go forward if the calls are continuing. Mr. Guerra stated there is so much room for debate and error, and he does not think this program is the solution. Mr. Moore moved to amend the Ordinance in Section 2 for the effective date to be October 5, 1995 or ten days after adoption of the Ordinanèe and Mr. Hart seconded the motion. On roll call the following vote was recorded: AYE: Moore, Mooney, Hart, Morris, Cox, Hernandez. NAY: Guerra. ABSTAIN: None. On roll call for approval of the Ordinance on second reading, the following vote was recorded: AYE: Moore, Morris, Cox. NAY: Mooney, Hart, Guerra, Hernandez. ABSTAIN: None. The motion for approval on second reading failed (See Page 7 of these minutes for reconsideration of this Ordinance on second reading). Mayor Morris introduced for consideration Item 9.E. (3) 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 LICENSE AGREEMENT BETWEEN THE CITY AND ADMIRAL LINEN & UNIFORM SERVICE FOR ENCROACHMENTS IN CITY RIGHTS-OF-WAY¡ AUTHORIZING THE CITY