6. EXECUTIVE SESSION: Council to convene in closed executive session in accordance with the provisions of the Texas Open Meetings Act.

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1 NOTICE IS GIVEN THAT THE CITY COUNCIL OF THE CITY OF LAMESA, TEXAS, WILL MEET IN A REGULAR CALLED MEETING AT 5:30 P.M. ON TUESDAY, APRIL 2, 2013, 601 SOUTH FIRST STREET, FOR THE PURPOSE OF CONSIDERING AND TAKING OFFICIAL ACTION ON THE FOLLOWING ITEMS: 1. CALL TO ORDER: 2. AMEND CODE OF ORDINANCES ILLICIT SYNTHETIC DRUGS: Consider passing an ordinance on second and final reading amending Chapter 6 (Health & Sanitation) of the Code of Ordinances of the City of Lamesa, Texas with regard to amending Article 6.04 Relating to Illicit Synthetic Drugs; to prohibit the sale, public display for sale, attempted sale, gift, barter, delivery, possession, or use of illicit synthetic drugs and misbranded drugs including Spice, Synthetic Cannabinoids, Synthetic Marijuana, Bath Salts, Synthetic Cathinones, Synthetic Stimulants, or other misbranded drugs; providing for exceptions; providing a penalty clause; providing a savings clause, and providing for publication. 3. AMEND CODE OF ORDINANCES ENGINE BRAKES: Consider passing an ordinance on first reading amending Chapter 12, Article General Provisions, Article of the Code of Ordinances of the City of Lamesa, Texas to include Division 6 Engine Brakes, prohibiting engine braking and providing for penalty, severability clauses, providing for repeal of conflicting provisions and providing for publication and effective date. 4. GENERAL ELECTION: Consider passing an ordinance on second and final declaring the unopposed candidate for the 2013 City of Lamesa General Election, to be held on May 11, 2013, elected to office. 5. OPEN AND AWARD BIDS ON DRILLING FIVE WATER WELLS TO PROVIDE WATER TO THE CITY. Open and award for bids on the construction of four city water wells north of the City s well field water storage tank-providing water to the City of Lamesa. 6. EXECUTIVE SESSION: Council to convene in closed executive session in accordance with the provisions of the Texas Open Meetings Act. Item #1. (Chapter and , Government Code) Consult with Attorney to deliberate the purchase, exchange, lease, and value of real property. No action will be taken in closed session. The Council will reconvene into open session after the completion of the executive session. Item #2. (Chapter , Government Code) to consider all matters incident and related to the appointment of a City Manager. 7. CITY MANAGER APPOINTMENT: Consider the appointment of a city manager. 8. ADJOURNMENT:

2 O pp ee nn M ee ee tt ii i nn gg ss I nn ff oo rr m aa tt ii i oo nn CC LL O SS EE DD M EE EE TT I N G SS The City Council reserves the right to adjourn into closed session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by Texas Government Code Section (Consultation with Attorney), (Deliberations about Real Property), (Deliberations about Gifts and Donations), (Personnel Matters), (Deliberations about Security Devices) and (Economic Development). PP U BB LL I CC PP AA RR TT I CC I PP AA TT I O N The meeting will be held pursuant to the provisions of the Texas Open Meetings Act (Govt. Code, Chapter 551). Discussion and actions are limited to the agenda items listed above. Persons desiring to address the City Council or express their opinion about a particular item on this agenda should notify the City Secretary before the meeting. Persons desiring to present other business or discuss matters not on this agenda should submit a request in writing to the City Secretary by the end of business hours on the Wednesday before the next meeting in order to be considered for inclusion on that agenda. M EE EE TT I N G AA CC CC EE SS SS I BB I LL I TT YY Upon request, auxiliary aids and services will be provided to an individual with a disability in order to allow them to effectively participate in the city council meeting. Those requesting auxiliary aids or services should notify the contact person listed below at least twenty-four hours prior to the meeting by mail, telephone or RELAY Texas ( ) Contact: Maria Hatchett at 601 South First Street, Lamesa, Texas Telephone - (806) Fax - (806) CC EE RR TT I FF I CC AA TT I O N O FF N O TT I CC EE I certify this agenda was posted at the City Hall, 601 South First Street, Lamesa, Texas at 4:45 p.m January 18, 2013 in accordance with Chapter of the Government Code. Maria Hatchett Maria Hatchett, City Secretary

3 O pp ee nn M ee ee tt ii i nn gg ss I nn ff oo rr m aa tt ii i oo nn CC LL O SS EE DD M EE EE TT I N G SS The City Council reserves the right to adjourn into closed session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by Texas Government Code Section (Consultation with Attorney), (Deliberations about Real Property), (Deliberations about Gifts and Donations), (Personnel Matters), (Deliberations about Security Devices) and (Economic Development). PP U BB LL I CC PP AA RR TT I CC I PP AA TT I O N The meeting will be held pursuant to the provisions of the Texas Open Meetings Act (Govt. Code, Chapter 551). Discussion and actions are limited to the agenda items listed above. Persons desiring to address the City Council or express their opinion about a particular item on this agenda should notify the City Secretary before the meeting. Persons desiring to present other business or discuss matters not on this agenda should submit a request in writing to the City Secretary by the end of business hours on the Wednesday before the next meeting in order to be considered for inclusion on that agenda. M EE EE TT I N G AA CC CC EE SS SS I BB I LL I TT YY Upon request, auxiliary aids and services will be provided to an individual with a disability in order to allow them to effectively participate in the city council meeting. Those requesting auxiliary aids or services should notify the contact person listed below at least twenty-four hours prior to the meeting by mail, telephone or RELAY Texas ( ) Contact: Maria Hatchett at 601 South First Street, Lamesa, Texas Telephone - (806) Fax - (806) CC EE RR TT I FF I CC AA TT I O N O FF N O TT I CC EE I certify this agenda was posted at the City Hall, 601 South First Street, Lamesa, Texas at 4:45 p.m. March 29, 2013 in accordance with Chapter of the Government Code. Maria Hatchett Maria Hatchett, City Secretary

4 City Council Agenda City of Lamesa, Texas DATE OF MEETING: APRIL 2, 2013 AGENDA ITEM: 1 1. CALL TO ORDER: Announcement by the Mayor. This meeting is being held in accordance with the provisions of the Texas Open Meetings Act (Govt. Code, Chapter 551). Discussion and actions are limited to the agenda items as posted. Persons desiring to address the City Council or express their opinion about a particular item on this agenda should complete a request at this time. Persons desiring to present other business or discuss matters not on this agenda should submit a request in writing to the City Secretary in order to be considered for inclusion on the agenda of the next meeting. A quorum being present as evidenced by the presence of members of the City Council, this meeting is hereby called to order. The following members are present: DAVE NIX Mayor JOSH STEVENS Mayor Pro-tem/Council Member District 1 MARIE A. BRISENO Council Member District 2 FABIAN RUBIO Council Member District 3 GREG HUGHES Council Member District 4 ROBERT MORENO Council Member District 5 LETHA HUGHES Council Member District 6 City Staff members present at the meeting: FRED VERA City Manager MARIA HATCHETT City Secretary/Treasurer RUSSELL CASSELBERRY Attorney Members of the press present at the meeting: Members of the public present at the meeting:

5 City Council Agenda City of Lamesa, Texas DATE OF MEETING: APRIL 2, 2013 AGENDA ITEM: 2 SUBJECT: PROCEEDING: SUBMITTED BY: EXHIBITS: AUTHORITY: AMEND CODE OF ORDINANCES ILLICIT SYNTHETIC DRUGS: Ordinance, 2 nd t reading City Staff Ordinance Controlled Substances Act SUMMARY STATEMENT Consider passing an ordinance on second and final reading amending Chapter 6 (Health & Sanitation) of the Code of Ordinances of the City of Lamesa, Texas with regard to amending Article 6.04 Relating to Illicit Synthetic Drugs; to prohibit the sale, public display for sale, attempted sale, gift, barter, delivery, possession, or use of illicit synthetic drugs and misbranded drugs including Spice, Synthetic Cannabinoids, Synthetic Marijuana, Bath Salts, Synthetic Cathinones, Synthetic Stimulants, or other misbranded drugs; providing for exceptions; providing a penalty clause; providing a savings clause, and providing for publication. COUNCIL ACTION Motion by Council Member to. Motion seconded by Council Member and upon being put to a vote the motion. VOTING: "AYE" "NAY" "ABSTAIN" Recommend approval. (FV) CITY MANAGER S MEMORANDUM

6 ORDINANCE NO. O AN ORDINANCE AMENDING CHAPTER 6 (HEALTH AND SANITATION) OF THE CODE OF ORDINANCES OF THE CITY OF LAMESA, TEXAS, WITH REGARD TO AMENDING ARTICLE 6.04 RELATING TO ILLICIT SYNTHETIC DRUGS; TO PROHIBIT THE SALE, PUBLIC DISPLAY FOR SALE, ATTEMPTED SALE, GIFT, BARTER, DELIVERY, POSSESSION, OR USE OF ILLICIT SYNTHETIC DRUGS AND MISBRANDED DRUGS INCLUDING "SPICE,' SYNTHETIC CANNABINOIDS, SYNTHETIC MARIJUANA, "BATH SALTS," SYNTHETIC CATHINONES, SYNTHETIC STIMULANTS, OR OTHER MISBRANDED DRUGS; PROVIDING FOR EXCEPTIONS; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council finds there are herbal and/or chemical mixtures that are being marketed and sold in the City of Lamesa which are designed and marketed to mimic the effects of illegal narcotics; and WHEREAS, although often marked "not for human consumption," or being labeled as otherwise innocuous products (i.e., plant food, incense, potpourri, bath salts, ipod cleaner, etc.) these products are in fact designed, marketed to the buyer, and intended to be used as products that act upon and affect the human body and its systems to get the user "high" or achieve the narcotic effects of illegal narcotic drugs; and WHEREAS, products containing illicit synthetic drugs and misbranded drugs are available and are being marketed to young adults and children in the City of Lamesa in small packages as alternatives to illegal narcotics, and further, the names and packaging of these substances appear to be designed to appeal to children and young adults, to mischaracterize their intended uses and purposes, and to minimize or conceal the inherent danger of these products; and WHEREAS, the City Council finds that illicit synthetic drugs and misbranded drugs are distributed, labeled, and marketed in a way that poses dangerous consequences to the consumer; and WHEREAS, the City Council deems it to be in the best interests of the citizens and residents of the City of Lamesa to prohibit the sale, public display for sale, attempted sale, gift, barter, delivery, possession, or use of illicit synthetic drugs and misbranded drugs. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAMESA: SECTION 1. THAT Section 6.04 of the Lamesa Code of Ordinances is hereby amended to read as follows: Section Sale, public display for sale, attempted sale, gift, barter, delivery, possession, or use of illicit synthetic drugs and misbranded drugs. (1) It shall be unlawful for any person, knowingly, to sell, publicly display for sale, attempt to sell, give, barter, deliver, possess, or use the following substances within the city limits of the City of Lamesa, Texas: (a) Any substance listed as a controlled substance or a controlled substance analogue as defined in Chapter 481 of the Texas Health and Safety Code; (b) Salvia divinorum or Salvinorum A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture, or preparation of such plant, its seeds, or extracts; (c) [(I R, 2R, SR)-2-[2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-

7 7,7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl]methanol, commonly known as HU-308; (d) (6aR, 10aR)-3-(1,1-Dimethylbutyl)-6a, 7, 10, 10a-tetrahydro-6, 6 9-trimethyl-6Hdibenzo[b,d]pyran, commonly known as JWH-133; (e) (-)-2 -Carbomethoxy-3 -(4-tluorophenyl)tropane, known as -CFT, WIN-35, 428; (f) (6aR, 1OaR)-1-methoxy-6, 6, 9-trimethyl-3-(2-methyloctan-2-yl)- 6a, 7, 10, loa-tetrahydrobenzo[c]chromene, commonly known as L-759, 633; (2) It shall be unlawful for any person, knowingly, to breathe, inhale, drink, or otherwise ingest, any compound, liquid, or chemical listed within this section for the purpose of inducing a condition of intoxication, stupefaction, giddiness, paralysis, irrational behavior, or which, in any manner, changes, distorts, or disturbs the auditory, visual, or mental process of the user. Section Defenses (1) It is not a violation of this section if the person breathed, inhaled, drank, or otherwise ingested the substance under the lawful supervision of an authorized law enforcement officer to enforce or ensure compliance with this section. (2) It is not a violation of this section if the person who commits any act described in this section commits the act pursuant to the lawful direction or prescription of a licensed physician or dentist licensed by the State of Texas to direct or prescribe such act. (3) This section does not apply to the inhalation of a lawfully prescribed anesthesia for a medical or dental purpose. Section Penalty Any person who violates a n y p r o v i s i o n o f this article shall be guilty of a class C misdemeanor and be subject to a fine of not less than two hundred dollars ($200.00) and not exceeding two thousand dollars ($2,000.00) upon conviction in municipal court. SECTION 2. THAT should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 3. THAT the City Secretary of the City of Lamesa is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. SECTION 4. THAT this Ordinance shall become effective, except as may otherwise be provided herein, from and after its publication as provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this March 19, Passed by the City Council on second reading this April 2, ATTEST: Maria Hatchett City Secretary APPROVED: Dave Nix Mayor

8 City Council Agenda City of Lamesa, Texas DATE OF MEETING: APRIL 2, 2013 AGENDA ITEM 3 SUBJECT: PROCEEDING: SUBMITTED BY: EXHIBITS: AUTHORITY: AMEND CODE OF ORDINANCES ENGINE BRAKES: Ordinance, first reading City Staff Ordinance Code of Ordinances SUMMARY STATEMENT Consider passing an ordinance on first reading amending Chapter 12, Article General Provisions, Article of the Code of Ordinances of the City of Lamesa, Texas to include Division 6 Engine Brakes, prohibiting engine braking and providing for penalty, severability clauses, providing for repeal of conflicting provisions and providing for publication and effective date. COUNCIL ACTION Motion by Council Member to. Motion seconded by Council Member and upon being put to a vote the motion. VOTING: "AYE" "NAY" "ABSTAIN" CITY MANAGER S MEMORANDUM The last two years citizens has complained about 18 wheeler trucks using Jake Brakes while driving through town which make a loud noise - keeps citizens up at night. There other West Texas cities that have adopted an ordinance regarding this matter. Recommend approval. (FV)

9 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 12, ARTICLE GENERAL PROVISIONS, ARTICLE OF THE CODE OF ORDINANCES OF THE CITY OF LAMESA TEXAS,TO INCLUDE DIVISION 6 ENGINE BRAKES, PROHIBITING ENGINE BRAKING AND PROVIDING FOR PENALTIY, SEVERABILITY CLAUSES, PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS AND PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. On the 2nd day of April, 2013, there came on and was held at the City Hall of the City of Lamesa, Texas, an open meeting of the City Council of the City of Lamesa, Texas, held pursuant to the provisions of the Texas Open Meetings Act (Texas Government Code, Chapter 551). There being a quorum present and acting throughout the meeting, the following ordinance was formally submitted by motion and duly seconded for the consideration and action of the meeting, to-wit: WHEREAS, the City Council of the City of Lamesa ( City Council ) seeks to protect the public safety, preserve the quality of life, and prevent nuisances in the City; and WHEREAS, the City Council finds the practice of engine braking by diesel trucks, commonly referred to as Jacobs Brakes or Jake Brakes produce disturbing, excessive and offensive noise when it occurs within the city limits; and WHEREAS, the City Council has determined that it is in the best interest of the health, safety, and welfare of the public and pursuant to Texas Local Government Code Chapter 51 has the authority to adopt and publish an ordinance or police regulation that is for the good government, peace or order of the municipality; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAMESA, TEXAS: SECTION 1. The Code of Ordinances of the City of Lamesa, Texas, be, and the same is hereby amended by adding the following definitions and sections to Chapter 12 of the Code of Ordinances of the City of Lamesa, Texas. The changes shall read as follows: ARTICLE GENERAL PROVISIONS Sec Definitions Engine Brakes. Is defined as any switch or device that adjusts vehicle engine timing and compression to slow the vehicle or which converts the motor from an internal combustion engine to an air compressor for the purpose of vehicle braking without the use of wheel brakes. ARTICLE OPERATION OF VEHICLES Division 5. One-Way Streets and Alleys Secs Reserved Division 6. Engine Brakes Section Findings of Fact The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as expressly set forth herein. Section Enactment

10 No person shall operate (or allow someone else to operate) an internal combustion engine powered vehicle on any posted public roads within the City while said vehicle is using an engine brake (or Jake brake) without an exhaust muffler sufficient to prevent excessively loud noises by aid vehicle, except during emergency operation. The City Manager is hereby directed to ensure signs are installed at appropriate locations within the City rightsof-way prohibiting the use of engine braking exhaust systems except during Emergency operations as set forth in this ordinance. Secs Reserved SECTION 2. Repealer. All ordinances, or parts thereof, that are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters regulated, herein. SECTION 3. Penalty. Any person violating any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed Five Hundred Dollars ($500.00). Each use of Jake Brakes shall be deemed a separate offense. Proof and evidence of a culpable mental state are not required for proof of an offense stated herein. SECTION 4. Severability. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and section of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment of decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and section of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. Publication. The City Secretary is hereby directed to record and publish the attached rules, regulations and policies in and among the records of the City. SECTION 6. Effective Date. This Ordinance shall be effective on, 2013 and publication. Upon being put to a vote, the foregoing ordinance was Passed, on First Reading on the 2nd day of April, 2013 by a majority vote; and then on the day of, 2013 there came on and was held at the regular meeting place, the City Hall, an open meeting of the City Council of the City of Lamesa, Texas held pursuant to the provisions of the Texas Open Meetings Act; there being a quorum present and acting throughout the meeting, the foregoing ordinance was formally submitted by motion and duly seconded for the consideration and action of the meeting, and upon being put to a vote, the foregoing ordinance was Passed on Second and Final Reading and Adopted this day of April, 2013 by a majority vote and ordered to be spread upon the minutes of the City Council of the City of Lamesa, Texas and recorded in the ordinance book thereafter. Attest: Dave Nix, Mayor Maria Hatchett, City Secretary

11 City Council Agenda City of Lamesa, Texas DATE OF MEETING: APRIL 2, 2013 AGENDA ITEM: 4 SUBJECT: 2013 GENERAL ELECTION PROCEEDING: Ordinance, 2 nd and Final reading SUBMITTED BY: City Secretary EXHIBITS: Ordinance AUTHORITY: State Law; Texas Election Code; Section 2.051, SUMMARY STATEMENT Consider passing an ordinance on second and final reading declaring the unopposed candidate for the 2013 City of Lamesa General Election, to be held on May 11, 2013, elected to office. COUNCIL ACTION Motion by Council Member to pass an ordinance on second and final reading declaring the unopposed candidate for the 2013 City of Lamesa General Election, to be held on May 11, Mayor At-Large: (Dave Nix) elected to office. Motion seconded by Council Member and upon being put to a vote the motion. VOTING: "AYE" "NAY" "ABSTAIN" CITY MANAGER S MEMORANDUM The Texas Election Code allows the City Council to cancel its election where the candidate for office is unopposed. Enclosed is a certification from the City Secretary certifying that the candidate in the Mayor s At -Large race was unopposed for the May 8 th city election. You have the option to pass an ordinance declaring the candidate elected to office. If you do so, they will take office in May. The time has also passed for the filing of write -in candidates. Recommend approval. (FV)

12 ORDINANCE NO.: O AN ORDINANCE DECLARING A UNOPPOSED CANDIDATE IN THE MAY 11, 2013 CITY GENERAL ELECTION, ELECTED TO OFFICE; CANCELING THE ELECTION AT- LARGE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the city general election was called for May 11, 2013, for the purpose of electing members to the city council; and WHEREAS, the City Secretary has certified in writing that there is no proposition on the ballot, that no person has made a declaration of write-in candidacy, and that the candidate on the ballot is unopposed for election to office; and WHEREAS, under these circumstances, Subchapter C, Chapter 2, Election Code, authorizes the city council to declare the candidates elected to office and cancel the election, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAMESA, TEXAS; Section 1. The following candidate, who is unopposed in the May 11, 2013 city general election, is declared elected to office, and shall be issued certificates of election following the time the election would have been canvassed: Mayor At-Large: Dave Nix; and Section 2. The May 11, 2013 city general election is canceled, and the city secretary is directed to cause a copy of this ordinance to be posted on election day at each polling place that would have been used in the election. Section 3. It is declared to be the intent of the city council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence paragraph, or section of this ordinance is declared invalid by the judgment or decree of a court of competent jurisdiction, the invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance since the city council would have enacted them without the invalid portion. Section 4. This ordinance shall take effect upon its final passage, and it is so ordained Upon being put to a vote the foregoing ordinance was Passed on First Reading on the 19 th day of March, 2013 by a majority vote; and then on the 2 nd day of April, 2013, there came on and was held at the regular meeting place, the City Hall, an open meeting of the City Council of the City of Lamesa, Texas held pursuant to the provisions of the Texas Open Meetings Ace; there being a quorum present and acting throughout the meeting the foregoing ordinance was formally submitted by motion and duly seconded for the consideration and action of the meeting, and upon being put to a vote, the foregoing ordinance was Passed on Second and Final Reading and Adopted this 2 nd day of April, 2013 by a majority vote and ordered to be spread upon the minutes of the City Council of the City of Lamesa, Texas and recorded in the ordinance book thereafter. ATTEST: Maria Hatchett City Secretary APPROVED: Dave Nix Mayor

13 City Council Agenda City of Lamesa, Texas DATE OF MEETING: APRIL 2, 2013 AGENDA ITEM: 5 SUBJECT: PROCEEDING: SUBMITTED BY: EXHIBITS: AUTHORITY: OPEN AND AWARD BIDS ON DRILLING FIVE WATER WELLS TO PROVIDE WATER TO THE CITY. Approve call for bids City staff Parkhill, Smith and Cooper Engineers will provide specifications SUMMARY STATEMENT Open and award for bids on the construction of four or five city water wells north of town- providing water to the City of Lamesa. Name of Bidder Option #1 Option #2 COUNCIL ACTION DISCUSSION: Motion by Council Member to. Motion seconded by Council Member and upon being put to a vote the motion. VOTING: "AYE" "NAY" "ABSTAIN" CITY MANAGER S MEMORANDUM It s possible that we will get one or two bids for this project. (FV)

14 City Council Agenda City of Lamesa, Texas DATE OF MEETING: APRIL 2, 2013 AGENDA ITEM: 6 SUBJECT: PROCEEDING: SUBMITTED BY: EXHIBITS: AUTHORITY: EXECUTIVE SESSION Closed Session City Staff Texas Open Meetings Act Chapter 551, Government Code SUMMARY STATEMENT Council to convene in closed executive session in accordance with the provisions of the Texas Open Meetings Act. Item #1. (Chapter , Government Code) to deliberate the purchase, exchange, lease, and value of real property. No action will be taken in closed session. The Council will reconvene into open session after the completion of the executive session. Item #2. (Chapter , Government Code) to consider all matters incident and related to the appointment of a City Manager. COUNCIL ACTION Motion by Council Member to convene in closed executive session in accordance with the provisions of the Texas Open Meetings to discuss the appointment of a City Manager. Motion seconded by Council Member and upon being put to a vote the motion. VOTING: "AYE" "NAY" "ABSTAIN" CITY MANAGER S MEMORANDUM This a discussion matter only and no action will be taken during the executive session.

15 CERTIFIED AGENDA: EXECUTIVE SESSION OF THE CITY COUNCIL OF THE CITY OF LAMESA, TEXAS On this day, APRIL 2, 2013, at a special called meeting of the City Council of the City of Lamesa, Texas the Council adjourned into a closed executive session; notice of said session having been given by a notice posted at the City Hall, 601 South First Street at least seventy-two hours in advance. A. ANNOUNCEMENT BY PRESIDING OFFICER: "The City Council will begin its executive session on APRIL 2, 2013, at P.M." The subject matter of each executive session deliberation is as follows: Council to convene in closed executive session in accordance with the provisions of the Texas Open Meetings Act. Item #1. (Chapter and , Government Code) Consult with Attorney and to deliberate the purchase, exchange, lease, and value of real property. No action will be taken in closed session. The Council will reconvene into open session after the completion of the executive session. Item #2. (Chapter , Government Code) to consider all matters incident and related to the appointment of a City Manager. RECORD OF ACTION TAKEN: No action taken. B. ANNOUNCEMENT BY PRESIDING OFFICER: "The City Council has completed its executive session on APRIL 2, 2013 at P.M." C. CERTIFICATION: I hereby certify that this agenda of an executive session of the City Council of the City of Lamesa, Texas is a true and correct record of the proceedings pursuant Texas Open Meetings Act (Chapter 551, Government Code). WITNESS my hand this 5 th day of March, Dave Nix, Mayor

16 City Council Agenda City of Lamesa, Texas DATE OF MEETING: APRIL 2, 2013 AGENDA ITEM: 7 SUBJECT: APPOINTMENT CITY MANAGER PROCEEDING: Appointment SUBMITTED BY: City Manager EXHIBITS: Code of Ordinances AUTHORITY: City Charter; Article VII, Section 1. SUMMARY STATEMENT Consider all matters incident and related to the appointment of a city manager. COUNCIL ACTION DISCUSSION: Motion by Council Member to appoint as city manager effective, 2013; and to authorize the payment of a salary for said office at an rate of $ per with a mileage allowance of $ per year. Motion seconded by Council Member and upon being put to a vote the motion. VOTING: "AYE" "NAY" "ABSTAIN" CITY MANAGER S MEMORANDUM

17 C ity Council Agenda City of Lamesa, Texas DATE OF MEETING: APRIL 2, 2013 AGENDA ITEM: 8 ADJOURNMENT: Announcement by the Mayor The next regular meeting of the City Council of the City of Lamesa, Texas will be held at 5:30 p.m., on Tuesday, April 16, 2013 at City Hall, 601 South First Street. Persons desiring to present business to the city council at that meeting are directed to submit a request in writing to the city secretary by Wednesday, April 10, 2013 in order to be included on the agenda. There being no other business, the meeting is hereby adjourned.

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