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<br />Regular Meeting <br /> <br />September 8, 2003 <br /> <br />87. <br /> <br />Page 9 <br /> <br />THE CITY MANAGER TO EXECUTE THE LETTER OF INTENT AND ALL OTHER <br />RELATED DOCUMENTS AS REQUIRED BY THE UNITED STATES CORPS OF ENGINEERS <br />AND DECLARING AN EFFECTIVE DATE. <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, <br />APPROVING AMENDMENT NO.2 TO THE CONTRACT FOR SLUDGE LOADING, <br />HANDLING, HAULING AND DISPOSAL SERVICES BETWEEN THE CITY AND MAGNA- <br />FLOW INTERNATIONAL, INC. DBA MAGNA-FLOW ENVIRONMENTAL¡ AUTHORIZING <br />THE CITY MANAGER TO EXECUTE THIS AMENDMENT ON BEHALF OF THE CITY¡ AND <br />DECLARING AN EFFECTIVE DATE. <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, <br />AWARDING A CONTRACT TO TEXAS ROAD & UTILITIES, INC. FOR THE IH <br />35/FAIRLAWN FORCE MAIN AND INTERCEPTOR IMPROVEMENTS PROJECT¡ <br />AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT DOCUMENTS ON <br />BEHALF OF THE CITY¡ AND DECLARING AN EFFECTIVE DATE. <br /> <br />Mayor Habingreither introduced for consideration Item 22, 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 />INCREASING WATER AND WASTEWATER RATES ESTABLISHED UNDER SECTIONS <br />86.231 AND 86.262 OF THE SAN MARCOS CITY CODE; AMENDING SECTION <br />86.133 OF THE CITY CODE TO ADD A SUBSECTION (1) SETTING WASTEWATER <br />SURCHARGE RATES¡ INCLUDING PROCEDURAL PROVISIONS¡ AND PROVIDING FOR <br />PENALTIES. <br /> <br />Mr. Taylor moved for adoption of the Ordinance on third and final reading <br />and Ms. Narvaiz seconded the motion. Mr. O'Leary stated Staff reviewed <br />the different water rate schedules. He stated in a year the Staff will <br />come back to the Council with rate structures and disuss the burden on <br />certain ratepayers. Mr. Taylor inquired as to the rural customers. Mr. <br />O'Leary stated Rural Customers pay 25% higher rates than in the City. He <br />stated it cost the City more to provide these services. The Council then <br />voted unanimously for the adoption of Ordinance on third and final <br />reading. <br /> <br />Mayor Habingreither introduced a portion of Item 37, an Executive Session <br />pursuant to the Government Code, Section 551.071, to seek the City <br />Attorney's advice regarding pending litigation, contemplated litigation, a <br />settlement offer or matter involving attorney-client privilege (City of <br />San Marcos, Et Al vs. Texas Commission on Environmental Quality). Mr. <br />Mihalkanin moved the Council adjourn into Executive Session at 9:30 p.m. <br />and Ms. Narvaiz seconded the motion, which passed unanimously. <br /> <br />Mr. Mihalkanin moved the Council reconvene at 10:00 p.m. and Ms. Narvaiz <br />seconded the motion, which was passed unanimously. <br />