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4 . Regular Meeting November 1, 2005 Page 4 SAN MARCOS, L P , RELATED TO AN EXPANSION AND RENOVATION PROJECT AT PRIME OUTLETS AT SAN MARCOS; AUTHORIZING THE CITY MANAGER TO SIGN THE AMENDMENT, AND DECLARING AN EFFECTIVE DATE I of Mayor Narvaiz introduced for consideration a public hearing and approval 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, APPROVING THE ABANDONMENT OF AN ALLEY LOCATED ADJACENT TO THE 800 BLOCK OF LEWIS STREET, APPROVING THE CONVEYANCE OF THIS ALLEY TO IDA F MILLER AND NICHOLAS L HOOVER, AND TO BETTY JACK RAINS AND DON RAINS, AUTHORIZING THE CITY MANAGER TO EXECUTE DEEDS; AND INCLUDING PROCEDURAL PROVISIONS Mayor Narvaiz opened the public hearing and asked if anyone wished to speak No one did, so Mayor Narvaiz closed the public hearing Mr Taylor moved for approval of the Ordinance on first reading, and Mr Thomaides seconded the motion, which passed unanimously Mayor Narvaiz introduced for consideration a public hearing and adoption of an Ordinance, the caption which was read as follows AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, REZONING A 9 24 ACRE, MORE OR LESS, TRACT OF PROPERTY LOCATED AT 2420 II AND 2430 SOUTH IH35 AND 102 CHISOS STREET, FROM ULI" (LIGHT INDUSTRIA~ DISTRICT) TO UHC" (HEAVY COMMERCIAL DISTRICT), INCLUDING PROCEDURAL PROVISIONS, AND PROVIDING FOR PENALTIES Mayor Narvaiz opened the public hearing and asked if anyone wished to speak No one did, so Mayor Narvaiz closed the public hearing Mr Diaz moved for adoption of the Zoning Ordinance, and Mr Guerrero seconded the motion Mr Mihalkanin stated the Planning and Zoning Commission recommended approval of this rezoning by a vote of seven-zero He inquired as to changes to the application since it was originally filed Carol Barrett, Director of Planning Development, stated since the time the application was filed, the applicant has been working with the surrounding property owners to establish restrictive covenants on the property She stated the property owners have agreed to the restrictive covenants which will be recorded upon final approval of the rezoning Mr Thomaides inquired as to the state law that governs restrictive covenants Ms Barrett stated the terms of the restrictive covenants are private and not enforceable by the City Mr Thomaides inquired whether other Cities have a notification process when a restrictive zoning property is sold Mr Mark Taylor stated in Texas Cities have no authority over sales of property with restrictive covenants The Council then voted unanimously for I adoption of the Ordinance