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Regular Meeting November 5, 2007 Page 5 Mayor Narvaiz introduced for consideration Item 21, 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, REPEALING RESOLUTION 2007 -74R AUTHORIZING THE PURCHASE OF A PURSUIT SEDAN AND TWO PICKUP TRUCKS FROM WINDHAM MOTOR CO. FOR THE POLICE DEPARTMENT THROUGH THE TEXAS BUILDING AND PROCUREMENT COMMISSION; RESCINDING THE ISSUANCE OF A CITY PURCHASE ORDER FOR THE PROCUREMENT OF THESE THREE VEHICLES; APPROVING THE PURCHASE OF A PURSUIT SEDAN AND TWO PICKUP TRUCKS FROM BABY JACK II AUTOMOTIVE LTD. FOR THE POLICE DEPARTMENT THROUGH THE TEXAS COMPTROLLER OF PUBLIC ACCOUNTS; AUTHORIZING THE PURCHASING MANAGER TO EXECUTE THE APPROPRIATE PURCHASING DOCUMENTS ON BEHALF OF THE CITY AND DECLARING AN EFFECTIVE DATE. Mr. Jones moved to table the Resolution, and Mr. Guerrero seconded the motion. Mr. Jones inquired to the purchase of the vehicles. Howard Williams, Chief of Police, stated one of the pickups is for Narcotics and the Ford Ranger is for parking enforcement. Mr. Jones inquired to whether these vehicles will be alternative fuel. Chief Williams stated currently Ford does not provide alternative fuel in either vehicle. On roll call for the adoption of the Resolution the following vote was recorded: AYE: Couch, Bose, Narvaiz, Guerrero, Robertson and Jones. NAY: Thomaides. ABSTAIN: None. Mayor Narvaiz introduced a public hearing and consideration of approval of an Ordinance on first reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS RESCINDING AND REPEALING ORDINANCE 1989 -70 PERTAINING TO TAXATION OF FREEPORT PROPERTY FOR TAX YEARS 2007 AND THEREAFTER; AMENDING ARTICLE 4 OF CHAPTER 78, AD VALOREM TAXATION, OF THE CITY OF SAN MARCOS CODE OF ORDINANCES TO ADD A NEW SECTION, EXEMPTION OF FREEPORT PROPERTY; AND PROVIDING AN EFFECTIVE DATE. Mayor Narvaiz opened the public hearing and asked if anyone wished to speak. No one did, so Mayor Narvaiz closed the public hearing. Mr. Jones moved for approval of the Ordinance on first reading, and Ms. Couch seconded the motion. Mr. O'Leary stated the Constitutional Amendment contained a provision that the exemption was not applicable to goods where the warehouse and goods are owned or controlled by the same party; however, the legislation failed to include the "control" language. An Attorney General informal opinion has been issued which reads the language relating to "control" back into the legislation. In addition, it concludes that warehouses leased by owners of goods -in- transit are still controlled by the