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85 Regular Meeting May 23, 1994 Page 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING SECTION 2-73(c) OF THE CITY'S CODE OF ETHICS REGARDING RESTRICTIONS ON CITY OFFICERS AND EMPLOYEES APPEARING IN A PRIVATE CAPACITY BEFORE DEPARTMENTS, AGENCIES, BOARDS AND COMMISSIONS OF WHICH THEY ARE NOT MEMBERS; PROVIDING FOR SEVERABILITY; REPEALING ALL CONFLICTING ORDINANCES;' PROVIDING A PENALTY; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE - DATE. ì ! Mr. Moore moved for approval of the Ordinance on first reading and Mr. Mooney seconded the motion. The Ethics Review Commission did not want the City Council to be able to appear before a Board. They felt it was okay for Board Members to do so in a private capacity regarding their home or business with the exception of appearing before the Board in which they serve. Mr. Hart stated he felt this was being prejudicial and would penalize those who sit on the City Council now and in the future. The Council requested alternative options be recommended for the Council's consideration. Mr. Mooney moved to table the Ordinance for alternative language to be drafted and presented at the next meeting or as soon as possible, and Mr. Cox seconded the motion. On roll call the following vote was recorded: i AYE: Moore, Mooney, Hart, Cox. NAY: Morris, Guerra. 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, COMBINING THE CITY PLANN~NG COMMISSION AND THE CITY ZONING COMMISSION; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR PUBLICATION AND DECLARING AN EFFECTIVE DATE. Mr. Guerra moved for approval of the Ordinance on first reading and Mr. Moore seconded the motion. Mayor Morris moved to amend the Ordinance in ARTICLE VI., Sec. 2-113. (b) to allow only one member of the Planning and Zoning commission to be a resident of and own property within the extraterritorial jurisdiction of the city, and Mr. Moore seconded the motion, which passed unanimously. Mayor Morris moved to amend the Ordinance in SECTION 2. for the separate Planning Commission and Zoning Commission to continue until October, 1994, at which time the City Council will appoint the new Planning and Zoning Commission Members (Mr. Taylor was directed to word this section clearly), and Mr. Guerra seconded the motion, which passed unanimously. The Council then voted unanimously for approval of the Ordinance on first reading. 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 AN ORDINANCE ADOPTED ON MARCH 28, 1994, ESTABLISHING INDUSTRIAL USER PERMIT FEES, LIQUID WASTE HAULER REGISTRATION AND WASTE RECEIVING FEES, WASTE SURCHARGE FEES, -- MINIMUM MONTHLY CHARGE FOR SURCHARGE PROGRAM PARTICIPANTS AND WASTE SAMPLING FEES PURSUANT TO THE INDUSTRIAL WASTE DISCHARGE REGULATIONS ARTICLE OF CHAPTER 30, WATER AND SEWERS AND SEWAGE DISPOSAL, OF THE SAN MARCOS CODE OF ORDINANCES; PROVIDING FOR BILLING PROCEDURES; PROVIDING FOR SEVERABILITY; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.