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53. Regular Meeting May 12, 2003 Page 7 ABSTAIN: Mihalkanin and Habingreither disclosure affidavits-business entity filed with City Clerk) Mayor Habingreither introduced for consideration Item 16 removed from the consent agenda, approval of an Ordinance on second reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING CHAPTER 66, SOLID WASTE, OF THE CITY CODE TO ADD AN ARTICLE 3, COMMERCIAL SOLID WASTE HAULERS; SETTING ANNUAL PERMIT FEES AND STREET USE FEES; INCLUDING PROCEDURAL PROVISIONS; AND DECLARING AN EFFECTIVE DATE. Ms. Narvaiz moved for approval of the Ordinance on second reading and Mr. Montoya seconded the motion. Mayor Habingreither stated the fees have been reduced from 10% to 5%. Mr. Thomaides inquired as to the amount of the 5% permit fee. Mr. 0'Leary stated the 5% is a street use fee and every permit holder is required to pay 5% of their gross revenues from commercial solid waste hauling operations in the City. He stated these fees would be used for street maintenance. Ms. Narvaiz stated she requested these fees be reviewed in one year. On roll call the following vote was recorded: AYE: Narvaiz, Thomaides, Habingreither, Taylor and Diaz. NAY: Mihalkanin and Montoya. ABSTAIN: None. Mayor Habingreither introduced for consideration Item 18 removed from the consent agenda, adoption of an Ordinance on third and final reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING SECTION 2.091(B) OF THE CITY CODE TO REVISE THE PROCESS FOR FILLING VACANCIES ON THE PLANNING AND ZONING COMMISSION; AND INCLUDING PROCEDURAL PROVISIONS. Ms. Narvaiz moved for adoption of the Ordinance on third and final reading and Mr. Taylor seconded the motion. Mr. Mihalkanin stated he is concerned with the wording in l(e). Mr. Mihalkanin moved to amend l(e) by deleting ...only one of the alternate members is eligible to fill the vacancy, that alternate will automatically fill the vacant position, and Mr. Montoya seconded the motion. Mr. Taylor stated since alternates cannot serve on another board, he would rather do away with alternates. Ms. Narvaiz stated she is in favor of abolishing alternates. Mr. Montoya stated he feels trained alternates would give Council the opportunity to appoint a trained person to fill a vacancy. Mr. Mihalkanin withdrew his motion and Mr. Montoya withdrew his second. Ms. Narvaiz then moved to amend delete