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157 Regular Meeting December 11, 1989 Page 7 Kelly Kilber stated the package plant in that area is permitted and is currently owned by an Austin Bank. He thinks it would be a viable option worthy of investigation, and that water and wastewater capability are there. He also stated access could easily be achieved through Reedville and the Airport. Mr. Gilley stated any agreement which might be considered by the City and C.A.F. would be contingent of F.A.A.'s approval. Mr. Moore moved to authorize the City Manager to transmit the above-stated proposal and Mr. Plummer seconded the motion, which passed unanimously. Mayor Morris introduced for consideration approval of Change Order No.2 to the Well Site A Water Transmission Main Project. Mr. Moore moved for approval of Change Order No.2 and Mr. Plummer seconded the motion, which passed unanimously. Mayor Morris introduced the City Manager's Report. (1) Mr. Gilley stated regarding federal/state funding for overpasses over railways, he had received a lot of interest from the community in pursuing this. He stated a meeting will be arranged with the other entities to discuss proposed locàtions and documentation on the need for overpasses. (2) Mr. Gilley stated there is generally an increase in burglaries this time of year and citizens need to take extra care in protecting their homes from this possibility. He stated additional patroling would result in overtime on an already limited budget. He stated an increase in patroling would cost approximately $5,000 in overtime. The Council stated they want the additional patroling and are willing to supplement the overtime account later in the year from General Fund Contingency if the funds are needed. Mayor Morris introduced the City Attorney's Report. Mr. Taylor stated he had researched the possibility of the additional 1/2 of 1% sales tax increase for industrial development. He stated the City is currently extended to what we are allowed to collect at this time. Mayor Morris introduced for consideration an Executive Session pursuant to Article 6252-17, Sections 2(e), (f) and (g), V.A.C.S., to discuss pending litigation (GBRA vs. City of Lytle, Et AI), contemplated litigation and matters where the duties of the City Attorney to the City pursuant to the Code of Professional Responsibility of the State Bar of Texas clearly conflicts with Article 6252-17 (discussion of terms of Tax Abatement Agreement with Prime Group, Inc. and VF Factory Outlets, Inc.); the purchase of real property; and the duties of a public officer, respectively. Mr. Moore moved to adjourn into Executive Session at 10:13 p.m. and Ms. Kissler seconded the motion, which passed unanimously. Mr. Moore moved the Council reconvene at 12:04 a.m. and Mr. Hernandez seconded the motion, which passed unanimously. Mayor Morris introduced for consideration 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 THE TERMS OF AN EASEMENT AND RIGHT-OF-WAY AGREEMENT BETWEEN THE CITY AND JOYCE BARRETT REASONER AND HARRY M. REASONER; AUTHORIZING THE CITY MANAGER TO EXECUTE THIS AGREEMENT ON BEHALF OF THE CITY; AND DECLARING AN EFFECTIVE DATE. Mr. Plummer moved for adoption of the Resolution and Mr. Hernandez seconded the motion. On roll call the following vote was recorded: AYE: Hernandez, Hart, Kissler, Plummer. NAY: Moore, Morris. ABSTAIN: None.