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Regular Meeting December 10, 2001 183. Page 9 plans are now public knowledge, and this would be unfair. Ms. Hughson asked Mr. Taylor about the contract with Sign Crafters, and Mr. Taylor stated it has been renewed from year to year and the payments made year to year. Mr. Vaughn stated his benches have been in place for the last 12 years, and he is interested in being considered for the benches and shelters. He thought the City was determining what they wanted in the contract, and he does not know why the City thought he was getting out of business. He stated his company could bring past experience of twelve years. Mr. Vaughn stated he called to inquire about the ongoing contract with the City, which he thought was being renewed. He stated he would appreciate having a chance to participate in the contract. Mr. Burkett stated he has signed the contract and has already spent $5,000.00 on benches and is prepared to spend one-half million dollars. Ms. Tatum stated she recalled Ms. Hughson recommending the City should go out for bids. Mr. Burkett stated the City Attorney had advised him not to order benches until he had received formal approval by the Council. Mr. Taylor stated when the agreement with Mr. Vaughn expired, Staff asked the Council if they wanted to go through a request for proposals process, and the Council directed an RFP process. Mr. Vaughn called last year and inquired about the process and was advised the Engineering Department was working on an RFP process. Mr. Mihalkanin stated the Council was discussing legal scenarios, and Mr. Cox stated it may be appropriate for those discussions to continue in Executive Session. Ms. Hughson then moved to table consideration of the Resolution until after Executive Session and Ms. Tatum seconded the motion, which passed unanimously. Ms. Tatum then moved the Council adjourn into Executive Session at 9:33 p.m. pursuant to the Government Code, Section 551.071, to discuss Gary vs. City of San Marcos; Annexations - Southwest San Marcos, Berry Tract, North IH35 Tract; bus bench/bus shelter contract and Ms. Hughson seconded the motion, which passed unanimously. Mr. Mihalkanin moved the Council reconvene at 10:46 p.m. and Mr. Mayhew seconded the motion, which passed unanimously. Mayor Chiu introduced for consideration removing from the table and adoption of a Resolution, the caption which reads as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A LICENSE AGREEMENT BETWEEN THE CITY AND BURKETT TRANSIT ADVERTISING, INC. FOR THE PLACEMENT OF BUS BENCHES AND SHELTERS ON RIGHT-OF-WAY IN THE CITY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; AND DECLARING AN EFFECTIVE DATE. Mr. Mihalkanin moved to remove the Resolution from the table and Ms. Hughson seconded the motion, which passed unanimously. Mr. Mihalkanin then moved for adoption and confirmation of the Resolution and Mr. Mayhew seconded the motion, which passed unanimously.