06251990 Regular Meeting - Laserfiche WebLink

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82 REGULAR MEETING JUNE 25, 199() Page 5 Mayor Pro Tern Moore introduced for consideration on first reading the approval of an Ordinance, the caption was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, ESTABLISHING A FRANCHISE AGREEMENT BETWEEN THE CITY AND THE PEDERNALES ELECTRIC COOPERATIVE, INC. FOR THE PROVISION OF ELECTRICAL SERVICE WITHIN A PORTION OF THE CITY FOR A PERIOD OF TWENTY YEARS, AND THAT THE CITY OF SAN MARCOS SHALL RECEIVE A QUARTERLY FRANCHISE FEE FOR SUCH USE PROVIDING FOR INDEMNIFICATION OF THE CITY OF SAN MARCOS, AND DECLARING AN EFFECTIVE DATE. Mr. Moore stated that it was his understanding that this was the City's first agreement with PEC and that it is made for the provision of electric service by PEC within the City limits. Mr. Taylor stated that this was correct and that CTEC and Rohr would both be PEC users and that there were several other residential users near the Airport. Mr. Plummer moved for approval of the Ordinance on first reading and Mr. Hernandez seconded the motion. Mr. Taylor suggested several amendments on Page 4 of the Ordinance. Mr. Taylor stated that the amendments were the product of a negotiation session between Mr. Gilley, himself and the general manager of PEC. Mr. Taylor stated that the first amendment would be in the first sentence of Section 9 from "eighty thousand dollars" to "twenty-five thousand dollars" and the percentage would change from "four" to "two". He stated that the next change to Section 9 would be to add the following sentence after the word "ordinance", "Provided, that if PEC at any time pays a higher percentage of its gross receipts as a fee to any other governmental entity under a franchise agreement, then PEC shall be obligated to pay that same percentage to the City under this franchise agreement, subject to the minimum annual payment stated above. " Mr. Taylor stated that the next amendment to Section 9 would be that the date for submission of a verified statement would change from "March 15th" to "March 31st". The last amendment would be a change in Section 10 from "four percent (4%)" to "two percent (2%)." Mr. Guerra moved that the ordinance be approved as amended and Mr. Plummer seconded the motion which passed unanimously. The Council then voted on the original motion which passed unanimously. Mayor Pro-Tern introduced for consideration approval of the minutes of the Regular Meeting held June 11, 1990, approval of an Ordinance on second reading, adoption of an Ordinance on third and final reading, adoption of five Resolutions, approval to authorize bidding for computer hardware equipment, and approval to consider award of auctioneering services contract to Rene Bates Auctioneers, Inc. of McKinney, Texas. Mr. Hernandez moved for approval and Mr. Guerra seconded the motion which passed unanimously. Mr. Guerra abstained from Item 9A. The captions of the Ordinances and Resolutions read as follows: Approval of Ordinance on second reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING SECTIONS 29-111 AND 29-150 OF THE SAN MARCOS CODE OF ORDINANCES BY ADDING A NO PARKING TOW-AWAY ZONE ON COMANCHE STREET; PROVIDING FOR SEVERABILITY; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION AND DECLARING AN EFFECTIVE DATE. Adoption of Ordinance on third and final reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING CHAPTER 5-BUILDINGS AND BUILDING REGULATIONS OF THE SAN MARCOS CODE OF ORDINANCES TO ADD SECTION 5-128(d) AUTHORIZING HASONRY PAVING UNITS FOR USE IN OFF-STREET PARKING LOT PAVEHENT CONSTRUCTION; PROVIDING FOR SEVERABILITY; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION AND DECLARNG AN EFFECTIVE DATE.