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156 Regular Meeting October 27, 1997 Page 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AGREEMENT BETWEEN THE CITY AND TANGER PROPERTŒS LIMITED PARTNERSHIP FOR AN ADVERTISING PROGRAM TO PROMOTE RETAIL BUSINESS ACTIVITY AND TOURISM IN THE CITY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; AND DECLARING AN EFFECTIVE DATE. Mr. Guerra moved for adoption of the Resolution and Mr. Mihalkanin seconded the motion. Mr. Guerra asked if the money given to Tanger for this program was from sales tax. Mayor Moore stated that was correct. Monica Blackburn gave the City Council advertising examples from Tanger. Mr. Hernandez stated there were no Hispanic Stations listed as targets. Ms. Blackburn stated the radio stations chosen are the four top advertising stations that pull more people demographically. Ms. Hughson asked if this was a co-op with the Convention and Visitors Bureau. Ms. Blackburn stated no. On roll call the following vote was recorded: AYE: Mihalkanin, Moore, Cox, Hernandez. NAY: Hughson, Hart, Guerra. ABSTAIN: None. Mayor Moore introduced for consideration Item 9.C.(6), 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 THE TERMS AND CONDITIONS OF TWO EARNEST MONEY CONTRACTS AND AN OUTLINE OF AN AGREEMENT BETWEEN THE CITY AND WILLIAM M. SOYARS FOR THE ACQUISITION OF PROPERTY FOR THE CITY'S SURFACE WATER TREATMENT PLANT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS AND OUTLINE OF AGREEMENT ON BEHALF OF THE CITY; AND DECLARING AN EFFECTIVE DATE. Mr. Cox moved for adoption of the Resolution and Ms. Hughson seconded the motion. Mr. Guerra asked if the cost for Tract 2 is $145,00 and Tract 3 is $596,000. Mr. Gilley stated that is correct. Mr. Guerra asked what the City is charging the current owner for use of the Tract 2 and Tract 3 properties. Mr. Gilley stated there is no charge. Ms. Hughson verified Tract 1 is for the plant location, Tract 2 is the access to the property and Tract 3 is the reservoir. Mr. Mihalkanin asked if this was one of the sites originally recommended. Mr. Gilley stated no. Mr. Hart asked what percentage of Tract 3 is in the floodplain. Mr. Jenkins stated the area is presently being reduced with are-study of the area; however, it is approximately 10-15%. Mr. Hart stated he objected to the City paying for the title policy. Mr. Taylor stated the following amendments need to be made to the contract: Page 1, Section 3, strike-out in Paragraph 3 for 35.194 acre earnest money contract, initialed by Mr. Soyars; Page 3, Section 6.B., "Updated title commitment to be furnished within 10 days and Item 6. "title commitment and" have been struck from that paragraph; Page 4, top paragraph, change 60 to 20 days and 5th line down 90 to 29 days; Page 5, Section 7., closing date changed from November 6, 1997 to December 8, 1997; and on the Outline of Agreement, it has been added that the agreement will not be recorded as a matter of record. Mr. Cox agreed to add the amendments to his motion and Ms. Hughson agreed to second the motion. On roll call the following vote was recorded: A YE: Hughson, Hart, Moore, Cox, Hernandez. NAY: Guerra, Mihalkanin. ABSTAIN: None. Mayor Moore introduced for consideration Item 9.c.(7), removed from the consent agenda, adoption of a Resolution, the caption which was read as follows: