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138. Regular Meeting April 24, 2000 Page 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAt~ MARCOS, TEXAS APPROVING A POLICY ON CREDITS TO DRAINAGE UTILITY CHARGES; AND DECLARING AN EFFECTIVE DATE. Mr. Cox moved for adoption of the Resolution and Ms. Hughson seconded the motion. Ms. Hughson asked why this is not part of the Drainage Utility Ordinance. Mr. Taylor replied that it could be a part of the Ordinance. Mr. Mendoza stated the Drainage Advisory Board recommends upgrade to handle a ten year flood. The Council then voted unanimously for adoption of the Resolution. Mayor Moore introduced the City Manager's Report. Mr. Gilley stated he had no report at this meeting. Mayor Moore introduced the City Attorney's Report. Mr. Taylor stated he had no report at this meeting. Mayor Moore introduced the City Council's Report. Mr. Hernandez stated there is a Noise Ordinance in place and he encountered two incidents of selective enforcement. The first incident he understood why it was handled a certain manner. The second incident was late evening into early morning of eighteen hours of continuous music for the American Cancer Walk for Life. He was told by law enforcement that the event was for a good cause and could not order them to stop the music. Mr. Hernandez would like to know if the Council would like to further discuss this matter. Mr. Taylor stated that although San Marcos no longer has a Noise Ordinance, this matter is covered by state law and it does need to be followed by the citizens. Mr. Cox stated at the last Main Street Advisory Board Meeting there was discussion of the City's one hundred and twenty- fifth anniversary as an organized community and the City needs to make plans for a celebration. Mayor Moore introduced for consideration an Executive Session pursuant to the Government Code, Section 551.071, to seek the City Attorney's advice on drainage utility fees; development incentive proposal (South IH35 area); EAA contract for surface water reimbursement costs; and Grande Communications Franchise. Mr. Hernandez moved to adjourn into Executive Session at 8:55 p.m. and Ms. Hughson seconded the motion, which passed unanimously. Mr. Hernandez moved to reconvene from Executive Session at 9:47 p.m. and Mr. Doiron seconded the motion, which passed unanimously. Mayor Moore introduced for consideration, Item 7.B.(1), approval of an Ordinance on second reading, removed from the consent agenda, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, ESTABLISHING A FRANCHISE AGREEMENT WITH GRANDE COMMUNICATIONS, INc. FOR CABLE TELEVISION AND OTHER SERVICES; PROVIDING THE TERMS AND CONDITIONS UNDER WHICH THE FACILITIES OF GRANDE COMMUNICATIONS, INC. WILL BE INSTALLED, OPERATED AND MAINTAINED; ESTABLISHING A TERM OF THE AGREEMENT; At'\ID ESTABLISHING AN EFFECTIVE DATE. Ms. Hughson moved for approval of the Ordinance on second reading and Mr. Doiron seconded the motion, which passed unanimously. Mr. Hernandez moved to adjourn the meeting at 9:49 p.m. and Ms. Hughson seconded the motion, which passed unanimously. ~~~-> ~ Billy G. Moore Mayor