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101 Regular Meeting April 12, 1999 Page 3 on first reading and Ms. Hughson seconded the motion, which passed unanimously. Mr. Cox 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, APPROVING THE ABANDONMENT OF A PART OF THE UNOPENED PORTION OF MCKIE STREET LOCATED BETWEEN PORTIONS OF LOTS 7 AND 8, BLOCK 1 OF THE KATY ADDITION; APPROVING THE CONVEYANCE OF THIS PORTION OF MCKIE STREET TO JOHN T. WADE; AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED; AND DECLARING AN EFFECTIVE DATE. Mr. Cox opened the public hearing and asked if anyone wished to speak. No one did, so Mr. Cox closed the public hearing. Ms. Hughson moved for approval of the Ordinance on first reading and Mr. Hernandez seconded the motion. The conveyance would be of a portion of an unopened street, and the appraised value is $5,000. On roll call the following vote was recorded: AYE: Mihalkanin, Hughson, Cox. NAY: Doiron, Moseley, Hernandez. ABSTAIN: None. The motion failed. Mr. Cox 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, ESTABLISHING THE CITY OF SAN MARCOS DRAINAGE UTILITY BY AMENDING CHAPTER 86 - UTILITIES OF THE SAN MARCOS CITY CODE TO ADD ARTICLE 8 - DRAINAGE UTILITY; DEDICATING CITY-OWNED ASSETS TO THE UTILITY; ESTABLISHING A SERVICE AREA FOR THE UTILITY; AUTHORIZING THE DIRECTOR OF THE ENVIRONMENT AND ENGINEERING DEPARTMENT TO PROMULGATE RULES AND REGULATIONS FOR THE EFFICIENT ADMINISTRATION OF THE DRAINAGE UTILITY; ESTABLISHING A DRAINAGE UTILITY ADVISORY BOARD BY AMENDING.CHAPTER 2, ARTICLE 3, DIVISION 7; AND PROVIDING AN EFFECTIVE DATE. Mr. Cox opened the public hearing and asked if anyone wished to speak. Bill Haney stated he is opposed to this Ordinance. Mr. Haney stated he understands the City will be able to have Southwest Texas State University participate in payment of this utility, which otherwise we would be unable to get any funds from them. The utility falls on all the citizens to pay for the mistakes that have been made over the past 50-60 years. He suggested changes to the Ordinance. He wants the advisory committee to oversee the director and for the committee to have at least 7 to 13 members selected from geographic locations of various citizen interests with residential, commercial and public representation. He wants Section 86.501 to define impervious cover. Sections 86.501 and 86.504 refer to the service area being the city limits and thinks the service area should extend beyond the city limits. He suggested wording be added at the end of Section 86.505(e) regarding the support of the drainage utility, "but shall in no case exceed 0.01% per year of a central appraisal district's latest evaluation of residential and commercial property". Mr. Haney suggested 86.508(b) become (c) and delete the last sentence of (c) that an appeal of a decision at the time this is written, could be brought to the City Council by the director. He wants there to be a mandate for the City Council to review these arguments to certain provisions of the October Ordinance and also over Section 86.501(a). He wants the SMCISD to be exempt. No one else wished to speak, so Mr. Cox closed the public