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115 <br />Regular Meeting July 28, 1997 page g <br />Motion fails. GIs. Hughson moved to amend Paragraph 1.3. 11 and 1.3 to add language on <br />Page 5, 1.33 and NIr. Hart seconded the motion, which passed unanimously. Ms. Hughson <br />asked on Page 8, 1.3.15. if the yard wastes could go anywhere but the landfill. Mr. Gilley stated <br />yes; however, the City would have to provide the cost of service. Mayor Moore asked on Page <br />12, 1.4.26., in the event of a natural disaster, would the City be able to choose the most <br />appropriate method and 2vIr. Gilley stated that was correct. Ms. Hughson requested BFI put in <br />the contract they would accommodate the handicapped and elderly citizens with a need. Mr. <br />Gilley stated the City requested BFI accommodate the needs of that nature. Mr. Gilley stated the <br />City would educate residents how to get all their garbage in the containers. Ms. Huahson noted <br />the contract does not state all refuse must ao into carts. On roll call for adoption of the <br />Ordinance the following vote was recorded: <br />AYE: Hart, Moore, Cox, Hernandez. <br />NAY: i'vIihalkanin, Hughson. <br />ABSTAEti: None. <br />(Mr. Guerra not present to vote on this item). <br />Mayor Moore introduced for consideration Item 12.D.(3), adoption of a Resolution, removed <br />from the consensus agenda, the caption which was read as follows: <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ti1ARCOS, <br />TEXAS, APPROVING THE TERMS AND CONDITIONS OF A LICENSE <br />AGREEMENT AUTHORIZING THE SOUTHtiVEST TEXAS STATE UNIVERSITY <br />TO UTILIZE THE CITY PARK ATHLETIC FIELD FOR FOOTBALL PRACTICE <br />AND PHYSICAL EDUCATION CLASSES; AUTHORIZING THE CITY ti,IANAGER <br />TO EXECUTE THE LICENSE AGREEiMENT ON BEHALF OF THE CITY AND <br />DECLARLNG AN EFFECTIVE DATE. <br />Mr. Taylor requested we come back to this item so he could prepare Disclosure Affidavits for the <br />Council Members who have a conflict of interest.'Disclosure affidavits were filed by Messrs. <br />Mihalkanin, Moore and Hernandez and GIs. Huahson and then were permitted <br />p ed to proceed with <br />consideration of this Resolution. Vfr. Hernandez moved for adoption of the Resolution and Mr. <br />Mihalkanin seconded the motion. 'vfs. Hughson moved to amend Section X to read "This <br />agreement represents the entire and integrated agreement between the Licensor and the Licensee <br />and supersedes all prior negotiations, representations or agreements, with written or oral. This <br />agreement may be amended only by written instrument executed by both Licensor and Licensee" <br />and Mr. Hart seconded the motion, which passed unanimously. Mr. Hart suggested changing the <br />hours of use for SWT during she tall and spring g ? months from 2:00 p.m.-5:30 D.m. and let the kids <br />use the fields for football baseball or soccer. iV•Ir. Gilley stated the practice fields require lots of <br />maintenance and if the City took over maintenance of the fields, we would have a large cost. Mr. <br />Guerra stated he was interested in an amendment. Mr. Hart moved to amend SWT's use of the <br />field from (8:00 p.m.) to (5:30 p.m.) and Ms. Hughson seconded the motion, which passed <br />unanimously. Mr. Guerra moved to amend the contract to be for a 12 month period and Ms. <br />Hu'ghson seconded the motion, which passed unanimously. The Council then voted unanimously <br />for adoption of the Resolution. <br />Mayor Moore introduced the City ivlanager's Report. Mr. Gilley had no report at this meeting. <br />Mayor Moore introduced the City Attorney's Report. Mr. Taylor had no report <br />at this meeting. <br />Mayor Moore introduced the City Council's Report. (1) Ms. Hughson stated she attended the <br />AMCC Conference in Waco and learned a lot and felt it was worth attending. (2) itils. Hughson <br />asked what the situation was regarding Centerpoint and the Texas Department of Transportation. <br />Mayor Moore stated they were advised not to contact the store owners; however, it would take <br />about a year to reach the board. (3) Mfr. Mihalkanin stated he felt there was a commitment with <br />retail businesses downtown to invest money on attractive sandwich boards. He stated he realized