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<br />Regular Meeting <br /> <br />November 4, 2002 <br /> <br />182. <br />Page 5 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, <br />AMENDING SECTION 86.199 OF THE CITY CODE TO REVISE CITY UTILITY BILL <br />PAYMENT DUE DATES AND PENALTY DATES; AMENDING SECTION 86.505 OF THE <br />CITY CODE TO CLARIFY LATE PAYMENT PENALTIES FOR DRAINAGE UTILITY <br />BILLS; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. <br /> <br />Adoption of Resolution: <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, <br />APPROVING AN INTERLOCAL GRANT CONTRACT BETWEEN THE CITY AND THE <br />CAPITAL AREA PLANNING COUNCIL ("CAPCO") FOR GRANT FUNDING FOR A <br />REGIONAL HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM; AUTHORIZING THE <br />CITY MANAGER TO EXECUTE THE CONTRACT AND RELATED DOCUMENTS ON BEHALF <br />OF THE CITY; AND DECLARING AN EFFECTIVE DATE. <br /> <br />Mayor Habingreither introduced for consideration Item 16 removed from the <br />consent agenda, adoption of an Ordinance on third and final reading, the <br />caption which was read as follows: <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, <br />AMENDING THE CITY'S ELECTRIC UTILITY RATE SCHEDULES TO REVISE ELECTRIC <br />UTILITY BILL PAYMENT DUE DATES AND PENALTY DATES, AND TO ADD NOISE, <br />NUISANCE DISCONNECT AND RECONNECT FEES; AND INCLUDING PROCEDURAL <br />PROVISIONS. <br /> <br />Mr. Mayhew moved for adoption of the Ordinance on third and final reading <br />and Ms. Tatum seconded the motion. Mr. Mihalkanin moved to amend Noise <br />Nuisance Disconnect/Reconnect Charge by separating into two charges; Noise <br />Nuisance Disconnect at $150 and add a Noise Nuisance Reconnect Charge and <br />charge the same as reconnection, which would depend on the time of day, and <br />Mr. Taylor seconded the motion. On roll call of Mr. Mihalkanin's <br />amendment, the following voter was recorded: <br /> <br />AYE: <br /> <br />Mihalkanin, Habingreither and Taylor. <br /> <br />NAY: <br /> <br />Montoya, Narvaiz, Mayhew and Tatum. <br /> <br />ABSTAIN: <br /> <br />None. <br /> <br />Mayor Habingreither stated he does not feel there should be a big reconnect <br />fee, because the violator would have to go before the Municipal Court Judge <br />and he can set a fine. Mr. Mayhew stated since May 1, 2002 to October 31, <br />2002 there have been 1,153 loud party complaints and only one noise <br />nuisance disconnect where this process has been put into effect. Chief <br />Griffith explained the steps which occur before the disconnection of the <br />utility. Mr. Mayhew stated he feels the reconnection cost should reflect <br />the cost of the Sergeant and the other costs involved. Ms. Tatum stated <br />she agrees with Mr. Mayhew and feels the Ordinance should recoup the <br />additional cost of the staff. Mr. Montoya stated he feels the reconnection <br />fee should stay at $150. Mr. Mayhew moved to amend the Noise Nuisance <br />