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Regular Meeting 181. April 14, 2003 Page 13 perform the functions required. He also stated 13 Staff members went to Denton, Texas to see their company in operation. He stated N. Harris is the leading utility company with 350 customers in the United States. Mayor Habingreither inquired what this cost includes. Ms. Williams stated this cost includes hardware the application server, test server, web server, cash stations, bar coding, professional services to help get the City up and running, and support and maintenance with no limitations as long as the $52,000.00 annual maintenance fee is paid. Mr. O'Leary stated this company will provide the City with new opportunities. The Council then voted unanimously for adoption of the Resolution. Mayor Habingreither introduced for consideration Item 31 removed from the consent agenda, adoption of a Resolution, the caption which was read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING A CONTRACT WITH TEXAS DISPOSAL SYSTEMS, INC. FOR COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE AND RECYCLABLE MATERIALS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT; AND DECLARING AN EFFECTIVE DATE. Mr. Mayhew moved for adoption of the Resolution and Mr. Taylor seconded the motion. Mr. Mihalkanin stated he had Mr. Mark Taylor prepare an amendment, which would give the Council the option to review the contract after 3 years. Mr. Mayhew stated he feels this should have been brought up during the RFP. He stated Texas Disposal Systems, Inc. might have capital costs. He stated he feels the City would not be operating in good faith if they changed the contract at this time. Mr. Mark Taylor stated Texas Disposal Systems, Inc.'s could not be required to be held to the amendment. He stated the City would need Texas Disposal Systems, Inc. approval. Mr. 0'Leary stated the contract has a stipulation where the City reserves the right to terminate the contract upon 30 days written notice for any reason deemed by the City Council to serve the public interest or resulting from governmental law, Ordinance regulations, or court order. He also stated the City will log in complaints and if the City receives 25 or more unresolved complaints, which penalties have been assessed during the term of the contract would be a basis for termination. Mr. Mihalkanin moved to amend the contract by adding a stipulation regarding reviewing the contract after 3 years. There was no second to the motion. Mr. Taylor stated this 20¢ rate is lower than last year's rate. Mr. O'Leary stated there are 3 actions the Council still needs to cxonsider: 1) decide whether or not to implement a commercial franchise fee, 2) temporary contract for a recycling vendor, and 3) recycling fee for all City residents and not just Single-Family residents. He stated these actions will be brought back to the Council at the next Regular Meeting scheduled for April 28, 2003. The Council then voted for adoption of the Resolution. On roll call the following vote was recorded: AYE: Montoya, Narvaiz, Habingreither, Taylor and Mayhew.