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117. Regular Meeting October 14, 2002 Page 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE CITY'S ELECTRIC UTILITY RATE SCHEDULES TO REVISE ELECTRIC UTILITY BILL PAYMENT DUE DATES AND PENALTY DATES, AND TO ADD NOISE, NUISANCE DISCONNECT AND RECONNECT FEES; AND INCLUDING PROCEDURAL PROVISIONS. Mayor Habingreither opened the public hearing and asked if anyone wished to speak. No one did, so Mayor Habingreither closed the public hearing. Mr. O'Leary stated there are two proposed changes with this Ordinance. He stated the first change is with the due dates and the penalty dates, and the second change is related with the noise Ordinance with the charge of disconnect and reconnecting fees. Mayor Habingreither inquired as to the steps taken before the electricity is shut off. Mr. O'Leary stated the Police Officer will try to give a warning, and if there no results, then an electric utility employee is called to the scene. Mayor Habingreither inquired when is the cost for disconnection fees for nonpayment. Rodney Gonzales stated during normal business hours the fee is $20, and up to $180 if done after hours. Mr. Montoya stated he supports the proposed fees, because by the time the disconnection has occurred, the resident has disregarded all authority. Ms. Tatum stated inquired if the disconnect and reconnect fees were in addition to the court fines. Mr. Mark Taylor stated the fees for disconnect and reconnect are in addition to court fines up to $500. Mr. Taylor stated he feels these proposed fees are too much. Mayor Habingreither asked if the intent of the fines was to cover disconnect and reconnection. Mr. Mark Taylor stated the fines are set by the Municipal Court Judge and can be up to $500. Mr. Mihalkanin stated there are costs of police officers and electric utility staff associated with each disconnecting and reconnecting service. He also stated police officers might be driving around, but the utility workers have to be called out. Mr. Mihalkanin stated he thinks Council should approve the Ordinance on first reading and direct staff to look at all cost charges to disconnect and reconnect. Mr. Mayhew stated he feels once it has gotten to the disconnect level, it has become a serious situation. Mayor Habingreither stated he would like to see these fees reflect real costs. The Council then voted for approval of the Ordinance on first reading. On roll call the following vote was recorded: AYE: Mihalkanin, Montoya, Narvaiz, Mayhew and Tatum. NAY: Habingreither and Taylor. ABSTAIN: None. Mayor Habingreither introduced for consideration a public hearing and approval of an Ordnance on first reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING SECTION 86.199 OF THE CITY CODE TO REVISE CITY UTILITY BILL PAYMENT DUE DATES AND PENALTY DATES; AMENDING SECTION 86.505 OF THE