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Regular Meeting June 14, 2004 2~2C9 .~ Page 11 City would then move forward with the design and TxDOT would need to finalize the design and financial responsibilities, and then the construction would begin. Mayor Narvaiz introduced a discussion regarding Commercial Solid Waste Haulers Street Use Fee. Mr. O'Leary stated in May, 2003 the Council passed an Ordinance establishing solid waste hauler permitting requirements and assessing a street use fee to those haulers. He stated these rates were set at 5% of the permit holder's gross revenue from commercial solid waste hauling permits in the City. He also stated the City Council requested this Ordinance be reviewed after one year from passage. Mr. O'Leary stated the City is receiving more than originally anticipated. He also stated Staff does not recommend increasing the fee. Mr. Taylor stated he agrees the fees should not be increased this year. The Council agreed by consensus to keep the Street Use Fee at 5% and to review again in one year. Mayor Narvaiz introduced the City Council's Report. 1) Mr. Guerrero stated he rode with the San Marcos Police Department on Friday, June 11, 2004 from 6:00 p.m. to 3:00 a.m. 2) Mr. Guerrero stated he welcomed 27 Sunshine Kids ages 8-15 years old. 3) Ms. Narvaiz stated she met with the Consulate General of Mexico on Tuesday. Mayor Narvaiz introduced an Executive Session pursuant to the Government Code, Section 551.071, to seek the City Attorney's advice regarding pending litigation, contemplated litigation, a settlement offer, or a matter involving attorney-client privilege (City vs. w. C. Carson, Et AI; Hays Energy, L.P. tax abatement, water supply and wastewater agreements); Section 551.074, to discuss the duties of public officers (Planning and Zoning Commission Member; City Clerk); and Section 551.087, to discuss commercial or financial information the City has received from a business prospect that the City seeks to have locate, stay or expand in or near the City and with which the City is conducting economic development negotiations, or to deliberate the offer of a financial or other incentive to such a business prospect (hotel/conference center proposal; Airport area; Clovis Barker Drive area; High School Coaches Association). Mr. Guerrero moved the Council ·adjourn into Executive Session at 10:26 p.m. and Mr. Mihalkanin seconded the motion, which passed unanimously. Mr. Mihalkanin moved the Council reconvene at 12:35 a.m. and Mr. Diaz seconded the motion, which passed unanimously. Mayor Narvaiz introduced for consideration action or direction to Staff on matters discussed in Executive Session. Mr. O'Leary stated the Council received an update on the Carson lawsuit. He stated the Council provided direction regarding the tax abatement with Hays Energy, duties of the Planning and Zoning Commissioners and City Clerk attending Executive Sessions. He stated the Council also provided direction on how to proceed