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55 Regular Meeting August 22, 1994 Page 2 Mayor Morris opened the public hearing and asked if anyone wished to speak. Mayor Morris stated Helen VanGundy telephoned to inform the Council she opposed the increase in the solid waste collection rate. She stated BFI did not pick-up her trash three times in a one-week period. There were no speakers, so Mayor Morris closed the public hearing. Mr. Moore moved for adoption of the Ordinance on emergency and Mr. Cox seconded the motion. Mr. Moore asked if the City had requested from BFI periodic reports on participation rate in curbside recycling. Mr. Gilley stated reports - had been received from BFI and he would provide those to the Council. In addition he would request BFI provide the City with a current report of rate collection and participation and a recap of their public information efforts. Mr. Hart asked if the City was committed to the reserve fund. Mr. Gilley stated the City was following requirements and mandates imposed from State Agencies. Mayor Morris questioned what the City's legal obligations were towards the landfill. Mr. Taylor stated the City could be fined or even receive a mandatory injunction if they did not continue their obligations to the landfill. Discussion ensued. Mayor Morris asked if the landfill was owned by someone else prior to the City. Mr. Jenkins stated that was correct; however, there was no record of previous ownership. Mr. Hart asked if the rate increase would affect the caring of the landfill. Mr. Jenkins stated there was money already in the reserve fund to cover the maintenance and sampling of the landfill. Mr. Gilley stated there was $54,000 in the reserve fund at this time. Mr.. Jenkins stated there are 10 wells being monitored for testing at this time. Mr. Guerra asked if the purpose of the testing was for groundwater monitoring and Mr. Jenkins stated that was correct. Mr. Hart moved to amend the Ordinance to delete Recital 2. and amend Section 1. from $9.11 to $8.59 and delete Section 2. Mr. Hernandez seconded the motion, which passed unanimously. The Council then voted for adoption of the Ordinance on emergency. On roll call the following vote was recorded: AYE: Moore, Mooney, Hart, Morris, Guerra and Cox. NAY: Hernandez. ABSTAIN: None. Mayor Morris introduced for consideration 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, REVISING CHAPTER 15, LIBRARY, OF THE SAN MARCOS CODE OF ORDINANCES REGARDING CERTAIN LIBRARY SERVICE FEES; SETTING THE AMOUNTS OF THESE FEES; PROVIDING FOR SEVERABILITY; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. Mr. Moore moved for approval of the Ordinance on first reading and Mr. Guerra seconded the motion, which passed unanimously. Mayor Morris introduced for consideration adoption of an Ordinance on third and final reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING CHAPTER 16, MISCELLANEOUS OFFENSES AND ~-- PROVISIONS, OF THE SAN MARCOS CODE OF ORDINANCES BY ADDING AN ARTICLE VII, CURFEW FOR MINORS; DEFINING HOURS OF CURFEW FOR MINORS; DEFINING OFFENSES FOR MINORS, PARENTS OF MINORS AND BUSINESS ESTABLISHMENTS VIOLATING CURFEW REGULATIONS; PROVIDING FOR SEVERABILITY; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATIONS AND PROVIDING AN EFFECTIVE DATE.