LAMESATEXAS CITY COGNCIL AGENDA  TRADEC CORRIDORO CROSSING  NOTICE IS GIVEN THAT THE CITY COUNCIL OF THE CITY OF LAMESA, TEXAS, WILL MEET IN A REGULARLY SCHEDULED MEETING AT 5:30 P.M. ON TUESDAY, DECEMBER 17, 2024, 601 SOUTH FIRST STREET, FOR THE PURPOSE OF CONSIDERING AND TAKING OFFICIAL ACTION  ON THE FOLLOWING ITEMS: 1. CALL TO ORDER: 2. INVOCATION:  3. CONSENT AGENDA: All consent agenda items listed are considered. to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member sO requests, in which event the item will be removed from the Consent Agenda and considered ini its normal sequence on the agenda. Information concerning consent agenda a. - APPROVAL OF THE MINUTES: Approval of the minutes of the City b. BILLS FOR NOVEMBER 2024: Approval of the bills paid by the City of  items is available for public review.  Council regular meeting held on November 19th and 26th  Lamesa for the month of November 2024  4. AMEND CODE OF ORDINANCES - FEES: Consider passing an ordinance on second reading amending Chapter 1, Entitled "Municipal Golf Course", Article 1.09 Membership fees and dues; providing for severability clauses; providing for repeal of conflicting provisions, and providing for publication and effective date. 5.F REQUEST FOR A SPECIFIC USE PERMIT: City Council to consider approving an Ordinance on second reading approving a specific use permit for the following property located at 308-312 South Ave K. 2nd Lamesa, Texas 79331 for a to consider approving an Interlocal Agreement with Parkhill for professional 7. OPEN AND AWARD BIDS: City Council to open and award bid for the 2024 Street  (City Manager and Golf Course Director)  manufactured home. (City Inspector)  6.2 2025 SEAL COAT PROGRAM: INTERLOCALAGREEMENT: services for the 2025 Seal Coat Program. (City Manager)  City Council  Repair maintenance.(Cly Manager)    8. ENGAGEMENT AGREEMENT FOR GRANT WRITING REPRESENTATION: City Council to consider approving an agreement between the City of Lamesa and Harper Doss Group, LLC to represent the city in grant-writing and application 9. BUDGET AMENDMENT :: City Council to consider amending Ordinance 0-11-24 on first reading with respect to the budget for the fiscal year beginning October 1, 2024, and ending September 30, 2025. (This Budget Amendment is to record receipt of the Weaver Grant for the Pumper Truck and Brush Truck expenditure) 10.BUDGET AMENDMENT I: City Council to consider amending Ordinance 0-11-24 on first reading with respect to the budget for the fiscal year beginning October 1, 2024, and ending September 30, 2025. (This Budget Amendment is to record receipt of the Dawson County share of new Pumper Truck and Brush Truck 11.DISCUSSION OF AN INTERLOCAL AGREEMENT PREMAGISTRATE HOUSING: City Council to discuss an Interlocal Agreement and consider taking action  services. (City Manager)  (City Manager & Finance)  expenditure) (City Manager & Finance)  approving Pre-Magistrate Housing.(City Manager)  12.CITY STAFF REPORTS:  a. POLICE CHIEF REPORT: Police Chief to report on the city's recent b. FIRE CHIEF REPORT: Fire Chief to report on the city's recent events: UTILITIES DIRECTOR REPORT: Utilities Director to report on the city's recent d. GOLF COURSE REPORT: Golf Course Superintendent to report on conditions  events: events.  and events at the Golf Course  13.FINANCIAL REPORT: Finance Director to report on the city's finances. 14.CITY MANAGER REPORT: City Manager to report on current activities and  answer questions from the City Council.  15.MAYOR's REPORT: Mayor to report on current activities.  16.EXECUTIVE SESSION: Council to consider convening into closed executive  session regarding:  Section 551.074 Texas Government Code: personnel matters regarding to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee.    L Discuss appointments to various Boards of the City  City Manager  17.RECONVENE INTO OPEN SESSION: City Council to reconvene into open 18.BOARD APPOINTMENTS: City Council to take action appointing members to  session to consider and discuss taking action.  the following Boards:  Board of Adjustment Planning and Zoning Building Board West Texas Opportunity Electrical Plumbing South Plains Health District  19.APPOINTMENT - LAMESA ECONOMIC DEVELOPMENT CORPORATION BOARD MEMBER: Consider appointing 2 expiring terms to the Lamesa Economic Development Corporation Board for a two (2) year term ending in 20.APPOINTMENT - LAMESA ECONOMIC ALLIANCE PROJECT BOARD Consider appointing 2 expiring terms to the Lamesa Economic Alliance Project for a two (2) year term ending in December 2026. This board also has 1 open 21.ADJOURNMENT: The next regularly scheduled meetings of the City Council of  December 2026. (EDC Director)  position needed to be filled. (EDC Director)  the City of Lamesa will be January 21, 2025 at5:30F P.M.    Open Meetings information  0 0  GLOSED MEETINGS  MEETING AGGESSIBILITY  The City Council reserves the right to Upon request, auxiliary aids and services adjourn into closed session at any time will be provided to an individual with a during the course of this meeting to discuss disability in order to allow them to effectively  any of the matters listed above, as authorized by Texas Government Code Section 551.071 (Consultation with Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices) and 551.087 (Economic Development). PUBLIG PARTICIPATION a 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 tot the City Secretary by the end of business hours on the Wednesday before the next meeting in order to be considered for  participate in the city council meeting. Those requesting auxiliary aids or services should notify the contact person listed below meeting by mail, telephone or RELAY Texas Contact: Betty Conde at 806-872-4322 a 601 South First Street, Lamesa, Texas Aiu Telephone - (806)872-4322 B Fax-( (806)872-4338  Attorney), 551.072 (Deliberations about at least twenty-four hours prior to the  (1-800-735-2989)  79331  inclusion on that agenda.  GERTIFICATION OF NOTIGE  Icertify this agenda was posted at the City Hall, 601 South First Street, Lamesa, Texas at 4:45 p.m., December 13, 2024, in accordance with  LAMESATEXAS TRADEC COIEIDOICRO:SING  Chapter 551.041 of the Government Code. Betty Conde, City Secretary    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: DECEMBER 17, 2024  AGENDA ITEMS:1&2  1. CALL TO ORDER: Announcement - "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:  JOSH STEVENS HAYDEN DAVIS FREDVERA GLORIA VRODRIGUEZ DANNY JACOBS BOBBY G. GONZALES JAMES GRAYSON  Mayor  Council Member = District 1 Council Member = District 2 Council Member = District 3 Council Member - District 4 Council Member - District 51 MAYOR PRO-TEM Council Member - District6 6  City Staff members present at the meeting:  JOE HINES BETTY CONDE  City Manager City Secretary  RUSSELL CASSELBERRY Attorney Members of the press present at the meeting: Members of the public present at the meeting: AND PLEDGE OF ALLEGIANCE.    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: DECEMBER 17,2024  AGENDA ITEM: 3  SUBJECT: PROCEEDING: SUBMITTED BY:  CONSENT AGENDA ITEMS  Approval City staff  SUMMARY STATEMENT  All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member sO requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. Information  concerning consent agenda items is available for public review.  APPROVAL OF THE MINUTES: Approval of the minutes of the council meeting BILLS FOR NOVEMBER 2024: Approval of the bills paid by the City of Lamesa  held on November 19th and 26th for the month of November 2024.  Motion by Council Member Council Member  to approve items 3a and b. Motion seconded by  and upon being put to a vote the motion  VOTING:  "AYE"  "NAY"  ABSTAIN"  CITY MANAGER'S MEMORANDUM  These items are considered non-controversial but do require formal council approval. Ifa council member objects to a consent item, it is removed from the list and separate action is taken on the item(s). If a council member questions a consent item, but not so strongly. as to require that it be removed form the list, his/her "no" vote or abstention can  be entered in the minutes when the consent vote is taken.  Recommend approval.    THE STATE OF TEXAS K COUNTY OF DAWSON K CITY OF LAMESA H  MINUTES OF THE CITY COUNCIL REGULAR CALLED MEETING:  November 19, 2024  On this the 19th day of November 2024, at 5:30 P.M., there came on and was held a regularly called meeting of the City Council oft the City ofLamesa, Dawson County, Texas. Notice of such meeting having been posted at the City Hall at 601 South First Street in the City ofl Lamesa, Texas in accordance with the provisions of the Texas Open Meetings Act (Texas Govt. Code, Chapter 551). The following items were listed on the notice and CALL TO ORDER: Mayor Stevens announced that the meeting was being held in accordance with the provisions of the Texas Open Meetings Act (Texas Govt. Code, Chapter 551), and that discussion and actions are limited to the agenda items as posted. A quorum being present as evidenced by the presence 7 City Council Members were  the following proceedings were had, viz.:  present:  JOSH STEVENS HAYDEN DAAVIS FRED VERA GLORIA V. RODRIGUEZ DANNY JACOBS BOBBY G. GONZALES JAMES GRAYSON  Mayor  Council Member - District 1 Council Member - District 2 Council Member - District 3 (Absent) Council Member - District 4 Council Member - District 5 Mayor Pro tem Council Member - District 6 (Absent)  City staff members present at the meeting:  JOE HINES BETTY CONDE RUSSELL CASSELBERRY  CITY MANAGER CITY SECRETARY CITY ATTORNEY  Members of the press present at the meeting: Members of the public present at the meeting: Wayne Chapman Sandy Trevino  Mary Elizabeth  Robert Ramirez Ron Mann Cris Norris Christian Candreva Anthony Vitolas  Brian Beck Tom Anderson  Larry Duyck Irma Ramirez  Josh Peterson  Mona Ferguson    Fred Vitolas  Lori Vitolas Brianna Vitolas  Sonia Robles  INVOCATION: Bobby Gonzales  CONSENT AGENDA: All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member sO requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. Information concerning consent agenda items is available for public review.  APPROVAL OF THE MINUTES: Approval of the minutes of the council meeting BILLS FOR OCTOBER 2024: Approval of the bills paid by the City of Lamesa for  held on October 15, and October 22, 2024. the month of October 2024.  Motion by Council Member Bobby Gonzales to approve items 3a and b. Motion seconded by Council Member Danny Jacobs and upon being put to a vote the motion passed g.  VOTING:  "AYE"5  "NAY"  "ABSTAIN"  APPROVAL OF BCBSTX HEALTH INSURANCE: City Council to consider approving the Calendar Year 2024-2025 BCBSTX health insurance. (Cris Norris and City Manager) Motion by Council Member Hayden Davis to approve the Calendar Year 2024/2025 BCBSTX health insurance. Motion seconded by Council Member Danny Jacobs and upon  being put to a vote the motion passed.  VOTING:  "AYE"5  "NAY"  "ABSTAIN"  ATMOS ENERGY: City Council to consider passing a resolution suspending the December 21, 2024, effective date of Atmos Energy Corp., West Texas Division (Atmos West Texas or Company) requested rate change to permit the city time to study the Motion by Council Member Danny Jacobs to pass a resolution suspending the December 21, 2024, effective date of Atmos Energy Corp., West Texas Division (Atmos West Texas or Company) requested rate change to permit the city time to study the request and establish reasonable rates. Motion seconded by Council Member Bobby Gonzales and  request and establish reasonable rates. (City Manager)  upon being put to a vote the motion passed.  VOTING:  "AYE"5  "NAY"  "ABSTAIN"    APROVAL OF SALE OF REAL PROPERTY BY LAMESA ECONOMIC DEVELOPMENT CORPORATION: City Council to consider passing a resolution of a contract approving the sale of all of Lot 16, Block 26, of the Original Town of Lamesa, Dawson County, Texas, oft the Original Town ofLamesa, Dawson County, Texas, tol Maria Motion by Council Member Bobby Gonzales to pass a resolution of a contract approving the sale of all ofLot 16, Block 26, ofthe Original Town ofLamesa, Dawson County, Texas, of the Original Town of Lamesa, Dawson County, Texas, to Maria Hunt. Motion seconded by Council Member Hayden Davis and upon being put to a vote the motion passed  Hunt. (EDC Director)  VOTING:  "AYE"5  "NAY"  "ABSTAIN"  CALL FOR BIDS ON THE 2024 LAMESA A.R.P.A. STREET IMPROVEMENT PROGRAM: Consider calling for bids on the 2024 A.R.P.A. Street improvement program.  (City Manager) Passed  AMEND CODE OF ORDINANCES FEES: Consider passing an ordinance on first reading amending Chapter 1, Entitled "Municipal Golf Course", Article 1.09 Membership fees and dues; providing for severability clauses; providing for repeal of conflicting provisions, and providing for publication and effective date. (City Manager and Golf Motion by Council Member Danny Jacobs to pass an ordinance on first reading amending Chapter 1, Entitled Municipal Golf Course", Article 1.09 Membership fees and dues; providing for severability clauses; providing for repeal of conflicting provisions, and providing for publication and effective date. Motion seconded by Council Member Bobby  Course Director)  Gonzales and upon being put to a vote the motion passed.  VOTING:  "AYE"5  "NAY"  "ABSTAIN"  PUBLIC HEARING ON FOR A SPECIFIC USE PERMIT: Public hearing regarding a Specific Use Permit for the following property located at 308-312 South Ave K Street Tpublic hearing opened at 6:00 p.m. and closed at 6:09.p.m., the City Inspector and REQUEST FOR A SPECIFIC USE PERMIT: City Council to consider approving an Ordinance on first reading approving a specific use permit for the following property located at 308-312 South Ave K. 2nd Lamesa, Texas 79331 for a manufactured home.  Lamesa, Texas 79331 for a manufactured home. (City Inspector)  Briana Sauseda spoke.  (City Inspector)    Motion by Council Member Bobby Gonzales to consider approving an Ordinance on First reading approving a Specific Use Permit for the following property located at located at 308-312 South Ave K, Lamesa, Texas, for a manufactured home owned by Briana Sauseda. Motion seconded by Council Member Danny Jacobs and upon being put to a  vote the motion passed.  VOTING:  "AYE"7  "NAY"  "ABSTAIN"  ENGAGEMENT AGREEMENT FOR GRANT WRITING REPRESENTATION: City Council to consider approving an agreement between the City of Lamesa and Harper Doss Group, LLC to represent the city in grant-writing and application services. (City  Manager)  Motion by Council Member Hayden Davis to approve an agreement between the City of Lamesa and Harper Doss Group, LLCtor represent the cityi in grant-writing and application services. Motion seconded by Council Member Danny Jacobs and upon being put to a  vote the motion passed.  VOTING:  "AYE"5  "NAY"  ABSTAIN"  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAMESA, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO THE DEPARTMENT OF AGRICULTURE: City Council to consider passing a resolution authorizing the submission of a Texas Community Development Block Grant Program Application on the Texas Department of Agriculture for the Community Development Fund. (City Manager) Motion by Council Member Hayden Davis to pass a resolution authorizing the submission of a Texas Community Block Program Application on the Texas Department of Agriculture. Motion seconded by Council Member Bobby Gonzales and upon being put  toa a vote the motion passed.  VOTING:  "AYE"5  "NAY"  ABSTAIN"  ADOPT FINANCIAL POLICY: City Council to consider passing a resolution approving the City's Financial Policy for Fiscal Year 2024-2025. (Finance Director) Motion by Council Member Bobby Gonzales to pass a resolution approving the City's Financial Policy for Fiscal Year 2024- 2025. Motion seconded by Council Member Danny  Jacobs and upon being put to a vote the motion passed.  VOTING:  "AYE"5  "NAY"  "ABSTAIN"    CITY STAFF REPORTS:  a. PARKS, STREETS, SANTATIONLANDFLL REPORT: Director to report on the city's recent events. (Parks and Street/Director) b. UTILITIES DIRECTOR REPORT: Utilities Director to report on the city's - GOLF COURSE REPORT: Golf Course Director to report on conditions and  recent events. (Utilities Director) events at the Golf Course  FINANCIAL REPORT: Finance Director to report on the city's finances.  INVESTMENT REPORT: Finance Director to report on City'si investments through the 4th CITY MANAGER REPORT: City Manager to report on current activities and answer  quarter of FY: 2023/2024  questions from the City Council.  MAYOR's REPORT: Mayor to report on current activities.  EXECUTIVE SESSION: Council to consider convening into closed executive session regarding Section 551.074 Texas Government Code, Personnel matters regarding to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or  dismissal of a public officer or employee.  Motion by Council Member Bobby Gonzales to enter into executive session. Motion seconded by Council Member Danny Jacobs and upon being put to a vote the motion  passed  VOTING:  "AYE"5  "NAY"  ABSTAIN"  RECONVENE INTO OPEN SESSION: City Council to reconvene into open session to  consider and discuss taking action.  No action  ADJOURNMENT: The next regularly scheduled meetings of the City Council of the City  ofLamesa will be December 17, 2024at 5:30P.M.  ATTEST: Betty Conde City Secretary  APPROVED: Josh Stevens Mayor    THE STATE OF TEXAS K COUNTY OF DAWSON K CITY OF LAMESA K  MINUTES OF THE CITY COUNCIL REGULAR CALLED MEETING:  November 26, 2024  On this the 26th day of November 2024, at 5:30 P.M., there came on and was held a regularly called meeting of the City Council oft the CityofLamesa, Dawson County, Texas. Notice of such meeting having been posted at the City Hall at 601 South First Street in the City of Lamesa, Texas in accordance with the provisions of the Texas Open Meetings Act (Texas Govt. Code, Chapter 551). The following items were listed on the notice and CALL TO ORDER: Mayor Stevens announced that the meeting was being held in accordance with the provisions of the Texas Open Meetings Act (Texas Govt. Code, Chapter 551), and that discussion and actions are limited to the agenda items as posted. A quorum being present as evidenced by the presence 6 City Council Members were  the following proceedings were had, viz.:  present:  JOSH STEVENS HAYDEN DAAVIS FRED' VERA GLORIA V. RODRIGUEZ DANNY JACOBS BOBBY G. GONZALES JAMES GRAYSON  Mayor  Council Member = District 1 Council Member - District 2 Council Member - District 3 (Absent) Council Member - District 4 Council Member - District 5 Mayor Pro tem Council Member - District 6  City staff members present at the meeting:  JOE HINES BETTY CONDE RUSSELL CASSELBERRY  CITY MANAGER CITY SECRETARY CITY ATTORNEY  Members of the press present at the meeting: Members of the public present at the meeting: Wayne Chapman Sandy Trevino  Sandy Trevino Norma Garcia Josh Peterson Robert Ramirez  Brian Beck Irma Ramirez  Larry Duyck  INVOCATION: Bobby Gonzales    CALL FOR BIDS ON THE 2024 LAMESA A.R.P.A. STREET IMPROVEMENT PROGRAM: Consider calling for bids on the 2024A.R.P.A. Street improvement program. Motion by Council Member Bobby Gonzales to call for bids on the 2024 A.R.P.A. Street Improvement Program. Motion seconded by Council Member James Grayson and upon  (City Manager)  being put to a vote the motion passed.  VOTING:  "AYE"6  "NAY"  "ABSTAIN"  EXECUTIVE SESSION: Council to consider convening into closed executive session  regarding:  Section 551.074 Texas Government Code: personnel matters regarding to deliberate the appointment, employment, evaluation, reassignment, duties,  discipline, or dismissal of a public officer or employee.  Motion by Council Member Bobby Gonzales to enter into executive session. Motion seconded by Council Member James Grayson and upon being put to a vote the motion  passed.  VOTING:  "AYE"6  "NAY"  "ABSTAIN"  RECONVENE INTO OPEN SESSION: City Council to reconvene into open session to Motion by Council Member Bobby Gonzalez to approve renewing the contract for city manager Joe Hines for 3 years. Motion seconded by Council Member Danny Jacobs and  consider and discuss taking action.  upon being put to a vote the motion passed.  VOTING:  "AYE"6  "NAY"  ABSTAIN"  ADJOURNMENT: Announcement by the Mayor "The next regularly scheduled meetings of the City Council of the City of Lamesa will be December 17, 2024, at 5:30  P.M." ATTEST: Betty Conde City Secretary  APPROVED: Josh Stevens Mayor    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: DECEMBER 17,2024  AGENDA ITEM:4  SUBJECT: PROCEEDING: SUBMITTED BY: EXHIBITS:  AMEND CODE OF ORDINANCES - FEES  Ordinance second reading  City Staff Ordinance  SUMMARY STATEMENT  Consider passing an ordinance on second reading amending Chapter 1, Entitled Municipal Golf Course", Article 1.09 Membership fees and dues; providing for severability clauses; providing for repeal of conflicting provisions, and providing for  publication and effective date. (City Manager and Golf Course Director)  COUNCIL ACTION  DISCUSSION  Motion by Council Member  to pass an ordinance on second reading amending  Chapter 1, Entitled Municipal Golf Course", Article 1.09 Membership fees and dues; providing for severability clauses; providing for repeal of conflicting provisions, and providing for publication and effective date. Motion seconded by Council Member  and upon being put to a vote the motion  VOTING:  "AYE"  "NAY"  ABSTAIN"  CITY MANAGER'S MEMORANDUM    ORDINANCE NO.  AN ORDINANCE AMENDING ARTICLE1.09 OF CHAPTER10F THE CODE OF ORDINANCES OF THE CITY OF LAMESA, TEXAS, ENTITLED  "MUNICIPAL GOLF COURSE".  On the 19th day of November, 2024, 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 desires to make certain revisions to Article 1.09 of Chapter 1 oft the Code of Ordinances of the City of Lamesa entitled MUNICIPAL GOLF COURSE." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF  LAMESA, TEXAS:  SECTION 1. That Section 1.09 of the Code of Ordinances of the City of Lamesa, be, and is  hereby, amended to read as follows: Division 1. Generally.  $1.09.001 Membership fees and dues.  (a) Membership dues: $95.00 per month. This includes a spouse or one (1)guest.  (b) The following membership discounts are available:  (1) 10% discount on membership dues if active or retired military personnel ori if person is over (2) 10% discount on membership dues for members paying one year of dues in advance, provided no other discount is applicable. If any other discount on the membership dues is applicable, an additional 5% discount is available for members paying one year of dues in  65 years of age;  advance.  (c) Corporate Membership: $300.00 per month (Up to 4 employees)  (1) Corporate Guests play for free when accompanying a corporate member (non- (2) 10% discount on membership dues for corporate members paying one year of dues  family). ina advance.  (d) Charitable or School District Membership Rate: $250.00 per Month  (1) Golf Coach is entitled to a golf cart while coaching at no charge (lf available) (a) Daily fee of $10.00 per student if organization is not a member. (b) 10% discount on membership dues for charitable or school district members paying one year of dues in advance. There is no limit on the number of student players with a  school district membership. (c) Cart fees apply.    (e) Cart shed ground rental (includes utilities and may only be used for golf cart and golf (2) Nonmember: $50.00 per month (If owned before this ordinance update). (3) Cart shed may be owned by the Golf members. If being sold to another party, membership in the municipal golf course is required by the purchaser. All transactions and improvements to sheds must be approved by the quorum of the Board in open session and recorded in the Board minutes. Failure to get approval (4) Cart sheds shall be used only for golf carts, golf clubs and golf-related items and shall not be used for the storing of any other personal property.  eqpt.):  (1) Member: $12.00 per month.  will result in forfeiture of the shed to the City.  (f) Cart trail fee:  (1) Member: $150.00 per year per cart. (2) Nonmember: $300.00 per year per cart. (3) Daily personal cart use: $7.50 per day (1) Weekday Monday-Friday): $20.00 for all day. (2) Weekend Saturday-Sunday): $25.00 for all day.  (9) Green fees:  (3) Weekday member golf scrambles: $5.00. Cart Fee for this event is $5.00 for 9 holes. (4) Tournament fees: 10% of gross entry fee goes to the city. No fee for using personal  carts during major tournaments. (5) Bucket of Balls: $5.00 (7) Cart rental:  (6) Rental Clubs: $10.00 for 18 holes. $5.00 for each additional 9 holes  (1) Summer Seasonal Wednesday afternoon scramble cart rental: $5.00 per (2) All other tournament cart rental: $15.00 per seat. No charge for non-player  for 9 holes. under the age of 12 (3) Upt to 18 holes: $15.00 per seat  (4) Over 18 holes: $7.50 for each additional 9 holes per seat  (Ordinance 0-08-15 adopted 4/21/15; Ordinance 0-3-19 adopted 4/16/19)  $1.09.002 No waiver oft fees or dues. paying the above applicable fees and dues. (Ordinance 0-08-15 adopted 4/21/15) $1.09.003t through S 1.09.030. (Reserved) Division 2. Municipal Golf Board. S 1.09.031 Created. Golf Board of the City.  Its shall be unlawful for any person to play golf at the City's municipal golf course without  There is hereby created in and for the City a board which shall be known as the Municipal  2    (1998 Code, sec. 78.001) $1.09.032 Membership.  (a) Composition. The Municipal Golf Board shall be composed of seven (7) members appointed by the City Council. The City Manager will serve as an ex-officio member. (b) Term of members. The term of office for each member shall be for a term of four (4) (c) Staggered terms. The terms of the members shall be sO arranged that only 2 members shall be reappointed or replaced each year. However, there will be one year in which three (d) Qualifications of members. To qualify for appointment to the Board, a person must be a member oft the municipal golf fcourse, must not be delinquent in payment of (e)Compensation of members. The members oft the Board shall serve without  years unless sooner removed by action of the City Council.  board members will be reappointed or replaced.  membership dues and must live in Dawson County. compensation. (1998 Code, sec. 78.002)  $1.09.033 Officers.  The Municipal Golf Board shall elect one (1) of its members as President, one (1) member as Vice-President and one (1) member as Secretary. The officers shall hold office for one (1)y year and until their successors are elected and qualified.  (1998 Code, sec. 78.003) $1.09.034 Removal of members.  Removal by City Council. The members of the Board shall be subject to removal from office by the City Council at any time at the will of the City Council, whether with or without cause.  (1998 Code, sec. 78.004) $1.09.035 Vacancies.  Any vacancy on the Municipal Golf Board shall be filled by the City Council for the unexpired term of the member whose place has become vacant.  (1998 Code, sec. 78.005) S 1.09.036 Powers and duties.  (a). Advisory functions. The Municipal Golf Board shall function as an advisory board only, and in this capacity shall advise the City Council from time to time concerning the management, maintenance and beautification of the golf course.  (b) Power to receive donations. The Municipal Golf Board shall have the power for and on behalf of the Municipal Golf Course Memorial Fund to receive donations, legacies or bequests for the improvement or maintenance of the golf course of the City, and all such  3    moneys derived from such donations, legacies or bequests shall be deposited in a "Municipal Golf Course Memorial Fund" bank account controlled by the Municipal Golf Board, and funds on deposit in such account may be withdrawn and expended only in the manner approved by the Municipal Golf Board. A statement of account shall be provided to the City on a semi-annual basis reflecting the receipts and expenditures of the Municipal  Golf Course Memorial Fund. (1998 Code, sec. 78.006) $1.09.037 Meetings.  The Municipal Golf Board shall meet as deemed necessary and shall establish rules and  regulations for its government and for the performance ofi its duties.  (1998 Code, sec. 78.007)  $1.09.038 Reports and recommendations.  Its shall bet the duty of the Municipal Golf Board to make such recommendations to the City Council as it may deem advisable for the improvement and betterment of the municipal golf course and SECTION 4. Effective date: That this Ordinance shall become effective December 27, 2024. SECTION 5. The City Secretary is hereby authorized and directed to publish the descriptive caption of this ordinance in the manner and fort the length of time prescribed by Article IV, Section Upon being put to a vote, the foregoing Ordinance was Passed, on First Reading on the 19th day of November, 2024, by a majority vote; and then on the 17th day of December, 2024, 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 (Texas Govt. Code, Chapter 551). 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 17th day of December, 2024, by ar majority vote and orderedi tol be spread upon the minutes oft the City Council  community.  24 oft the City Charter and applicable state law.  of the City of Lamesa, Texas, and recorded in the ordinance book thereafter.  ATTEST: Betty Conde City Secretary  APPROVED: Josh Stevens Mayor  4    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: DECEMBER 17,2024  AGENDA ITEM: 5  SUBJECT: PROCEEDING: SUBMITTEDBY: EXHIBITS AUTHORITY:  REQUEST FOR A SPECIFIC USE PERMIT  Approval City Staff  Ordinance, Second Reading  City Charter, City Code, Texas Government Code  SUMMARY STATEMENT  City Council to consider approving an Ordinance on second reading approving Specific  Use Permit for the following property:  Lots North half (N/2), Lot (10), and all of Lots Eleven (11) and Twelve (12), Block 11 of the College Addition to the Town of Lamesa, Dawson County, Texas, located at 308-312 South Ave K, Lamessa, Texas upon recommendation  of the Planning and Zoning Commission  COUNCIL ACTION  DISCUSSION  Motion by Council Member  to consider approving an Ordinance on second  reading approving a Specific Use Permit for the following property located at located at 308-312 South Ave K, Lamesa, Texas, for a manufactured home owned by Briana  Sauseda. Motion seconded by Council Member  and upon being put to a vote  the motion  VOTING:  "AYE"  "NAY"  ABSTAIN"  CITY MANAGER'S MEMORANDUM  Recommend approval.    ORDINANCE NO.  AN ORDINANCE DENYING A ZONE CHANGE FOR LOT NORTH HALF (N/2) LOT 10 AND ALL OF LOTS ELEVEN 11 AND 12, BLOCK 11, OF THE COLLEGE ADDITION TO THE TOWN OF LAMESA, DAWSON COUNTY, TEXAS, BUT GRANTING A SPECIFIC USE PERMIT TO ALLOW PLACEMENT OF A MANUFACTURED HOME ON SUCH PROPERTYLOCATED AT 308-312  SOUTH AVE K, LAMESA, TEXAS  On this 19th day of November, 2024, 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, and there being a quorum present and acting throughout the meeting, the following ordinance was formally submitted by motion and WHEREAS the Code of Ordinances of the City of Lamesa provides that specific use permits may be granted for the use of property not otherwise allowed in certain: zoning districts oft the City upon application of the property owner and upon recommendation of the Planning and Zoning following described property located at 308-312 South Ave K, Lamesa, Texas, from a District R- 1( (Single Family) to al M-1 (Manufactured Home) to allow placement of a manufactured home, to-  duly seconded for consideration and action at the meeting, to wit:  Commission of the City; and WHEREAS wit:  an application has been made by Briana Sauseda for a change of zoning of the  Lots North half (N/2), Lot (10), and all of! Lots Eleven (11) and Twelve (12), Block 11 oft the College Addition to the Town of Lamesa, Dawson County, Texas; and  WHEREAS, said property is located within the city limits oft the City of Lamesa, Texas, located at 308-312 South Ave K, andi is located within a district zoned as R-1 (Single-family residential); and WHEREAS the Planning and Zoning Commission: of the City of Lamesa, Texas, after hearing such application and the arguments for and against the same, has voted to recommend to the City Council of the City of Lamesa, Texas, that such request for a specific use permit for the WHEREAS, a public hearing where all interested persons were provided with an opportunity to be heard on the request for a specific use permit was held at City Hall, 601 South First Street, in the City of Lamesa, Texas, on November 19, 2024, which date is not less than fifteen days prior to the publication of a notice of such hearing in the Lamesa Press-Reporter, a newspaper of WHEREAS, after such hearing, the City Council of the City of Lamesa, Texas, finds that the use for which such specific use permit is sought will not bei injurious to the neighborhood or otherwise detrimental to the public interest and welfare and will be in harmony with the general purpose of the Zoning Ordinances of the City of Lamesa, Texas, and that the recommendation of the Planning and Zoning Commission of the City of Lamesa, Texas, should be accepted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAMESA, SECTION ONE: The request for a specific use permit to allow the placement of a Manufactured Home on the following described property located at 308-312 South Ave K, Lamesa, Texas,  placement of a Manufactured Home on such property be granted; and  general circulation in the City of Lamesa, Texas;  TEXAS:    District R-1 (Single Family) to a M-1 Manufactured Home) to allow placement of a manufactured  home, to-wit:  All of Lots Four (4) and Five (5), Block Eleven (11), of the College Addition to the  Town of Lamesa, Dawson County, Texas; and  Be Denied, but that a specific use permit to allow the placement of a manufactured home be, and hereby, Granted, to Briana Sauseda provided that a manufactured home is plaçed on the property within two (2) years from the date this ordinance is passed on second reading, and further provided, that in the event a manufactured home is timely placed on the property and the manufactured home is later removed, this specific use permit shall terminate unless a replacement manufactured home is placed on the property within 60 days from the date the prior manufactured home is removed. In addition, off street parking be established on the property as stated in the Code of Ordinance's Chapter 3, Article 09 and in addition, that SECTION TWO: The provisions of this ordinance are to be cumulative and shall constitute an amendment to the zoning ordinances of the City of Lamesa, Texas, only as it applies to the SECTION THREE: Ifany section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be unconstitutional or invalid, such holding shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Lamesa, Texas, hereby declares thati itwould have passed this ordinance and each section, subsection, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, SECTION FOUR: The City Secretary is hereby authorized and directed to publish the descriptive caption of this ordinance in the manner and for the length of time prescribed by Article Upon being put to a vote, the foregoing ordinance was Passed on First Reading on the 19th day Upon being put to a vote, the foregoing ordinance was Passed on Second Reading on the 17th  af front porch with handrails be installed.  hereinabove described property.  clauses, or phrases be declared unconstitutional or invalid. IV, Section 24 oft the City Charter, and state law.  of November 2024; and day of December 2024.  ATTEST: Betty Conde City Secretary  APPROVED: Josh Stevens Mayor    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: DECEMBER 17, 2024  AGENDA ITEM:6 6  SUBJECT: PROCEEDING: SUBMITTED BY: EXHIBITS: AUTHORITY:  2025 SEAL COAT PROGRAM: INTERLOCAL AGREEMENT  Approval City staff  SUMMARY STATEMENT  City Council Consider to consider passing a resolution approving an interlocal  agreement for the Seal Coat Program.(City Manager)  COUNCIL ACTION  Motion by Council Member  to. pass a resolution approving an  interlocal agreement for the 2025 Seal Coat Program. Motion seconded by Council  Member  and upon being put to a vote the motion  VOTING:  "AYE"  "NAY"  "ABSTAIN"  CITY MANAGER'S MEMORANDUM  Recommend approval.    Parkhill  December 10, 2024  Mr. Joe Hines City ofL Lamesa 601 South 1st Street Lamesa, TX 79331  RE: Legal and Insurance Advice 2025 Group Seal Coat Program Various Locations throughout Texas  Dear Mr. Hines:  Int this ever-changing world, our insurers have asked us to clarify and limit advice that we provide concerning streamlining, simplifying, and getting a head start on the procurement process, we hope you thet following standard form documents helpful. Although Parkhill does not provide legal ori insurance advice. Parkhill will provide and edit the following standard form EJCDC documents, Agreement Between Owner and Contractor for Construction Contract (00 52 00), Supplementary Conditions of the Contract for Construction (0073 14), and General Conditions of the Construction Contract (00 72:00). Parkhill has pre- edited these standard form documents based solely on documents that are prevalent in the engineering industry. These edited form documents will still require input and direction from your legal and insurance counsel, and Parkhill does not represent that they are complete, appropriately edited for your project, We recommend careful review of these form documents with your insurance and legal advisers. You are not authorized by Parkhill to rely on these form documents as as source ofl legal or insurance advice, and as Parkhill will be happy to incorporate all your edits and remarks you request for these form documents. Parkhill's doing so is a courtesy to you and solely at your direction. However, these documents cannot be included in the Project Manual for bidding purposes or edited for award of the Project until we have receipt We regret having to send our clients these types of notices and greatly appreciate the opportunity that you have granted us in helping you Build Community. We look forward to celebrating the completion of the  construction  in order. to that help will find  with  insurance and legal matters on your upcoming  project, Therefore,  acceptable to your governing body, or that they will achieve any desired result.  such, any such reliance would be unreasonable.  oft this executed acknowledgement letter. construction phase of your project.  Sincerely, PARKHILL  CITY OF LAMESA Acknowledged By: Printed Name: Title: Date:  By_ Beyliblbm,pE Corky Neukam, PE Civil Project Manager  RCN/jy  "AyMAONAXON-c--w-w-  800 South Polk Street Suite 200 Amarillo, Texas 79101 806.376.8600 Parkhill.com    INTERLOCAL AGREEMENT FOR LOCAL GOVERNMENT 2025 SEAL COATING PROGRAM This Agreement is entered intol by each of the governmental entities (hereinafter individually a' "Participant" or collectively, Participants") whose signature is appended hereto as well as each additional Participant who may hereafter consent, by separate acknowledgement, to be bound by the terms of this Agreement. In addition, the professional services firm of Parkhill, Smith & Cooper, Inc. d/bla Parkhill ("Parkhil") is a party hereto as purchasing agent for each oft the Participant in accordance with the terms hereof. WHEREAS, this Agreement is executed pursuant to Texas Government Code, Chapter 791, the Texas Interlocal Cooperation Act and shall be subject to approval of each Participant by appropriate resolution WHEREAS, the purpose of the Interlocal Cooperation Act is to increase the efficiency and effectiveness of local governments within and outside of the State of Texas by authorizing them to contract, to the greatest WHEREAS, an interlocal contract may be entered into to provide a governmental function or service that each party to the contract is authorized to perform individually, including for the purchase of goods and services, and with respect to this Agreement, each oft the Participants desire to collaborate with respect to thej joint bidding and engineering management of and for street improvement projects engaged separately THEREFORE, Recitals above considered, each Participant and Parkhill agree as follows:  RECITALS  approved by the applicable Participant's governing body;  possible extent, with one another; and  by each of the Participants.  1. 2.  Term.  This Agreement shall extend through the 2025 seal coating season and for sO long thereafter as may be necessary to complete the 2025 seal coating programi in ar manner satisfactory to thei individual Participants. Each Participant agrees toj jointly bid theiri individual seal coating programs fort the 2025 seal coating season and to coordinate the bidding process in order to take advantage of economies of scale and to eliminate repetitive efforts by each of the Participants. Each Participant agrees to be bound by the bid specifications attached to this Agreement or otherwise provided by Parkhill to each Participant with reference to this Agreement. Each Participant agrees that thel lowest responsible bid received, as approved and determined by Parkhill pursuant to the bid process, shall be accepted by Participants for their respective 2025 seal Each Participant agrees that Parkhill will serve as the purchasing agent for each of the Participants in all matters relating to the bidding of the seal coat program and the management of the program once the bidding has been completed. Each Participant agrees to! bel bound by thet fee schedule submitted by Parkhill and approved by each of the Participants pursuant to this Agreement. Ifa Participant has entered into a separate Professional Services Agreement with Parkhill or other service provider for services in regard to thei implementation, construction and management of al Participant's seal coating program, this Agreement Parkhill willl keep thei individual Participants informed as tot the progress of the bidding process andi following the awarding of the bids shall coordinate the seal coat program with respect to each Participant's needs  Seal Coating Bid Process.  coating programs. 3.  Joint Bid Process.  does not affect such Professional Services Agreement.  4.  Communication.  and seal coat program implementation plans disclosed to Parkhill.  INTERLOCAL AGREEMENT FOR LOCAL GOVERNMENT 2025 SEAL COATING PROGRAM - Page 1    5.  Payment. described herein.  Each Participant agrees to pay, and to be solely responsible for paying the cost of the respective Participant's portion oft the seal coat program, goods or services purchased in regard to the bidding process Payment must be made by each Participant within thirty (30) days of completion of its portion of the program, and payments must be made from current revenues available to the paying Participant and Int the event the governing body of a Participant shall fail to appropriate funds to participate in the seal coat program in the 2025 budget, then this Agreement shall terminate as to such Participant on the last day of the fiscal. year preceding the year for which appropriation is not made. Each Participant shall promptly inform Parkhill of any budget approvals or disapprovals sO that Parkhill, as purchasing agent hereunder, may evaluate and apply such financial matters in the bidding process applicable to the purchasing matters for the 2025 seal coating program pursuant to bidding schedules provided by Parkhill to each Participant. In the event any Participant or Parkhill shall be rendered unable to carry out its obligation under this Agreement in whole or in part as a result of a Force Majeure Event, and if the applicable party shall give notice and describe in detail the nature of the occurrence of a Force Majeure Event, then the obligation of such party giving such notice, so far as it is affected by such Force Majeure Event shall be suspended during the continuance of the inability then claimed, but for no longer period. The affected party shall use its best efforts to endeavor to overcome suchi inability with all reasonable dispatch. Thet term "Forcel Majeure Event" means strikes or other labor disputes; severe weather disruptions or other natural disasters or acts of God; epidemics or pandemic (including the 2019 Novel Corona' Virus or COVID-19, including any variants ofsame); World Health Organization alerts; declarations of states of emergency or similar orders issued by local, state or federal government officials; fires; riots; war or other emergencies; discovery of any hazardous substances or other similar or dissimilar cause beyond a Participant's or Parkhill's reasonable This Agreement may be amended only with the consent of the governing bodies of each of the Participants through appropriate written resolutions, executed and delivered to and among the Participants. In the. event any such amendment materially alters Parkhill's responsibilities hereunder, Parkhill shall have the right to This Agreement is intended to express the mutual intent of the Participants and Parkhill, as purchasing agent for Participants, and, irrespective of the identity of the Participant preparing this Agreement or any document or instrument referred to herein, no rule of strict construction against the party preparing the In the event any portion oft this Agreement shall be declared to be invalid or unenforceable for any reason, This Agreement constitutes the entire agreement between the Participants collaborating hereby with respect to the seal coating program and Parkhill's services as purchasing agent for Participants. For clarity, this Agreement shall be ap part of, but shall not alter or amend any Professional Services Agreement entered into by and between a Participant and Parkhill or other service provider for services in regard to the implementation, construction and management of a Participant's seal coating program. This Agreement supersedes any and all prior or contemporaneous agreements or understandings, whether written or oral with respect to the collaboration hereunder pursuant to Texas Government Code, Chapter 791, the Texas Interlocal Cooperation Act. No verbal agreement or conversation with any officer, agent or employee ofa Participant either before or after execution of the Agreement shall affect or modify any of the terms or INTERLOCAL AGREEMENT FOR LOCAL GOVERNMENT 2025 SEAL COATING PROGRAM - Page 2  budgeted. by Participant for 2025 expenditures.  6.  Force Majeure.  control. 7.  Modification.  terminate its status as purchasing agent hereunder.  8.  Construction.  document shall be applied. Severability.  9.  such finding shall not affect the validity of the balance of this agreement.  10. Entire Agreement.  obligations contained in this Agreement.    11. Additional Parties.  Each oft the original signatories to this Agreement consents to the ratification of this Agreement by addition governmental Participants sO long as each additional Participant agrees to be bound by the terms and The laws under which a Participant is organized as a form of local government shall apply to that Participant's participation and performance under this Agreement. Venue for any lawsuit or cause of action arising from this Agreement between al Participant and Parkhill shall lie exclusively in a court of competent jurisdiction in Lubbock County, Texas or in the county in which the applicable Participant exists as a local This Agreement shall be effective as to each of the signatories on the date of the final execution of their THEREFORE, the undersigned Participant and Parkhill, by and through their authorized representatives, have subscribed their names hereon effective with the Interlocal Agreement for Local Government  conditions of this Agreement to the same extent as the original signatories.  12. Venue  governmental entity. 13. Effective Date.  respective resolutions adopting this Agreement.  2025 Seal Coating Program made the basis hereof. PARTICIPANT: CITY OF LAMESA  By: Name: Title: Date:  PARKHILL, SMITH & COOPER, INC. d/bla PARKHILL  By: AAk Name: Jon Braudt, PE Title:! Civil Engineer LF Principal Date: 12/12/2024  INTERLOCAL AGREEMENT FOR LOCAL GOVERNMENT 2025 SEAL COATING PROGRAM - Page 3    Parkhill  Agreement for Professional Services  Date  December 10, 2024  Office Location: Amarillo, TX Address 800 S. Polk St. Ste 200 Phone 806.376.8600 Fax  Parkhill Job No 44412.24 Project Manager Corky Neukam, PE  Amarillo, TX 79101  City of Lamesa, hereinafter CLIENT, hereby engages and authorizes Parkhill, hereinafter CONSULTANT, a corporation organized under the laws of the State of Texas, to perform the services set forth below and pursuant to  the following terms and conditions. CLIENT and CONSULTANT agree as follows: A. Client Information  Name City of Lamesa Address 601 South 1s1 Street City Lamesa Representative Joe Hines Owner of Property Involved City of Lamesa (Invoicing Information) Email Address: nines@lamesa.kus Address (if different than above)  State TX  Zip 79331  Phone 806.872.4331  B. Project Description Project Name 2025 Group Seal Coat Project Address City Lamesa  Client PO No.:  **Location of subject Property Various Locations throughout Texas  **If project does not have an address, add description of where project is located  State TX  Zip 79331  Estimated Completion Date November 2025 oft this Agreement (collectively, the "Services"). 1. Basis of CONSULTANT'S fee  CONSULTANT'S Services: A description of services is described on Exhibit A attached to and made part  C. Compensation  Time and Materials in accordance with the Hourly Rate Schedule dated 2025 (Compensation  Structure attached as Exhibit B), ifa applicable.  D. Standard Conditions. CLIENT accepts the Standard Conditions C) attached to this Agreement and agrees that such Standard Conditions are incorporated into and made a part of this Agreement. E. Counterparts. This Agreement may be executed and delivered (including byf facsimile or Portable Document Format (.pdf) transmission): in several counterparts, each of which shall be fully effective as an original and all of which together shall constitute one and the same instrument. Facsimile and other electronic copies of manually or electronically signed originals shall have the same effect as manually-signed originals and shall  be binding on the undersigned parties. F. Exhibits Included: 1. Exhibit A, "Services". 2. Exhibit B, "Parkhill Hourly Rate Schedule". 3. Exhibit C, "Standard Conditions".    City ofL Lamesa  Page 2  December 10, 2024  Therefore, having read, understood and agreed tot thet foregoing, CLIENT and CONSULTANT, by and through their authorized representatives, have subscribed their names hereon effective on the last day signed.  CONSULTANT: PARKHILL  CLIENT: CITY OF LAMESA  Signature: AAb Name: Jon Braudt, PE  Signature: Name: Title: Date:  Title: Date:  Civil Engineer Principal 12/12/2024    EXHIBITA Services  CLIENT: City ofLamesa DATE: December 10. 2024 Services described as:  PROJECT NAME: 2025 Group Seal Coat Program  Provide Engineering Services fort the seal coating of client-indicated streets fort the 2025 Group Seal Coat Program.  END OF EXHIBIT  -1-  Exhibit Al Services    Parkhill Hourly Rate Schedule  January 1, 2025 through December 31, 2025  Client: City of Lamesa  Project: 2025 Group Seal Coat Program Location: Various Locations throughout Texas  Agreement Date: CLASSIFICATION SUPPORT STAFFI SUPPORTSTAFFII SUPPORT: STAFF IHI SUPPORT STAFF IV SUPPORT STAFFV SUPPORT STAFF VI PROFESSIONAL LEVELI Architect CivilE Engineer Electrical Engineer Interior Designer Landscape. Architect Mechanical Engineer Structural Engineer Survey Tech Other Professional PROFESSIONAL LEVELII Architect Civil Engineer Electrical Engineer Interior Designer Landscape Architect Mechanical Engineer Structural Engineer Surveyl Tech Other Professional  HOURLY  HOURLY RATE CLASSIFICATION PROFESSIONAL LEVELVI $166.00 Architect $203.00 CivilE Engineer $198.00 Electrical Engineer $148.00 Interior Designer $160.00 Landscape Architect $189.00 Mechanical Engineer $196.00 Structural Engineer $152.00 Professional Land! Surveyor $146.00 Other Professional PROFESSIONAL LEVEL VII $202.00 Architect $237.00 Civil Engineer $232.00 Electrical Engineer $162.00 Interior Designer $173.00 Landscape Architect $222.00 Mechanical Engineer $226.00 Structural Engineer $185.00 Professional Land! Surveyor $172.00 Other Professional $246.00 $281.00 $279.00 $195.00 $211.00 $266.00 $250.00 $198.00 $192.00  HOURLY RATE $259.00 $282.00 $281.00 $211.00 $226.00 $268.00 $252.00 $202.00 $219.00 $330.00 $340.00 $334.00 $241.00 $290.00 $317.00 $334.00 $202.00 $277.00  RATE CLASSIFICATION $67.00 PROFESSIONAL LEVELIII Architect $78.00 Civil Engineer Electrical Engineer $108.00 Interior Designer Landscape Architect $115.00 Mechanical Engineer Structural Engineer $127.00 Survey Tech Other Professional $138.00 PROFESSIONAL LEVELIV Architect $135.00 Civil Engineer $147.00 Electrical Engineer $150.00 Interior Designer $128.00 Landscape Architect $128.00 Mechanical Engineer $141.00 Structural Engineer $141.00 Survey Tech $120.00 Other Professional $126.00 PROFESSIONAL LEVELV Architect $146.00 Civil Engineer $165.00 Electrical Engineer $170.00 Interior Designer $135.00 Landscape Architect $135.00 Mechanical Engineer $162.00 Structural Engineer $160.00 Professional Land! Surveyor $130.00 Other Professional $133.00  Exhibit B Parkhill Hourly Rate Schedule    EXHIBITC Standard Conditions  STANDARD CONDITIONS: CLIENT and CONSULTANT agree to and accept the following terms and conditions pursuant to and as a part of the parties' Agreement for Professional Services:  ARTICLE 1. INVOICING AND SERVICES  1.1 INVOICING  Payments for services rendered by CONSULTANT or for other fees or expenses required by this Agreement are due and payable, and the parties reserve all rights pursuant to Texas Government Code, Chapter 2251, commonly referred to as the Texas Prompt Payment Act.. In addition, CONSULTANT and CLIENT shall be  entitled to any other legal and equitable remedies allowed by applicable law.  1.2 SERVICES DURING CONSTRUCTION  Except as expressly stated in the Scope of Work, CONSULTANT shall not, and shall not be responsible to supervise, direct or have control over the Work of CLIENT'S or Property Owner's contractors, subcontractors or other service or material providers, including any designated general contractor of CLIENT or Property Owner or any subcontractors thereof (generally and collectively referred to as the "Contractors"): nor have any responsibility for the construction means, methods, techniques, sequences or procedures selected by the Contractors nor fort the Contractors safety precautions or programs in connection: with the Work. These above rights and responsibilities are solely those of and between CLIENT and the applicable Contractors. CLIENT agrees that CONSULTANT is not responsible for the jobsite condition or on-site worker safety, except as Except where prohibited by applicable law, CONSULTANT shall not be responsible for any acts or omissions oft the Contractors, including any subcontractor, any entity performing any portions oft the Work or any agents or employees of any oft them. CONSULTANT does not guarantee the performance of any of the Contractors and shall not be responsible for the Contractors' failure top perform their applicable work in accordance with the As used in these Standard Conditions, the term "Contract Documents" refers to the construction plans, specifications, work schedules, work conditions and other matters between CLIENT and/or thel Property Owner and their respective Contractors for the build-out or construction services relating to the Project. CONSULTANT shall not be required to sign any document, no matter by whom requested, that would result in CONSULTANT having to certify, guarantee, or warrant the existence of conditions whose existence CONSULTANT cannot reasonably ascertain. CLIENT agrees not to make resolution of any dispute with CONSULTANT or payment of any amount due to CONSULTANT contingent upon CONSULTANT signing any  otherwise expressly stated ini the Scope of Work.  Contract Documents or any applicable laws, codes, rules or regulations.  such document.  1.3 ESTIMATES OR OPINIONS OF PROBABLE CONSTRUCTION COST  Inp providing estimates or opinions of probable construction cost, CLIENT understands that CONSULTANT has no control over the cost or availability of labor, equipment or materials, or over market conditions or the Contractors' methods of pricing, and that CONSULTANT'S estimates or opinions of probable construction costs are made on the basis of CONSULTANTS professional judgment and experience. CONSULTANT makes no warranty, express or implied, that the bids or the negotiated construction cost will not vary from  CONSULTANTS estimates or opinions of probable construction cost.  1.4 HAZARDOUS MATERIALS  As used in this Agreement, the term hazardous materials shall mean any substances, including without limitation asbestos, toxic or hazardous waste, PCBs, combustible gases and. materials, petroleum. or radioactive materials (as each of these is definedi in applicable federal statutes) or any other substances under any conditions and in such quantities as would pose a substantial danger to persons or property exposed. to  such substances at or near the project site.  -1-  Exhibit CI Standard Conditions    Both parties acknowledge that CONSULTANT'S scope ofs services does noti include any services related to the presence of any hazardous or toxic materials. If CONSULTANT or any other person or entity involved in the project encounters any hazardous or toxic materials, or should it become known to CONSULTANT that such materials may be present on or about the jobsite or any adjacent areas that may affect the performance of CONSULTANT'S services, CONSULTANT may, at its sole option and without liability for consequential or any other damages, suspend performance of its services under this Agreement until CLIENT retains appropriate qualified consultants and/or Contractors to identify and abate or remove the hazardous or toxic materials and  warrants that thej jobsite is in full compliance with all applicable laws and regulations.  1.5 ACCESSIBILITY  CLIENT acknowledges that the requirements of the Americans with Disabilities Act, as amended (ADA), and other federal, state and local accessibility laws, rules, codes, ordinances, and regulations will be subject to various and possibly contradictory interpretations. CLIENT further acknowledges that the ADAI is a Civil Rights law and not a building code, and does not use prescriptive language. CONSULTANT, therefore, will use its reasonable professional efforts andj judgment to interpret applicable accessibility requirements in effect as of the date of the execution oft this Agreement, and as they apply to the Project. CONSULTANT, however, cannot and does not warrant or guarantee that CLIENT's Project will comply with all interpretations of the accessibility requirements and/or the requirements of other federal, state and local laws, rules, codes, ordinances and CLIENT and CONSULTANT understand that, unless exempted by applicable law, the Project must be submitted tot the Texas DeparmentolLicensing and Regulations (TDLR) - Elimination of Architectural Barriers (EAB) Division for plan review for compliance with Texas Accessibility Standards (TAS) requirements. CONSULTANT will include ini the design of the Project all changes that are the result of the TDLR plan review. After construction of the Project, TDLR requires an inspection of the Project for compliance confirmation. However, CONSULTANT cannot and does not warrant or guarantee that different rules and or interpretation may be applied to CLIENT's Project at thet time oft thet final TDLR inspection. Compliance with changes required by the TDLR final inspection that were not mentioned in the TDLR plan review may be required, and any additional services to be performed by CONSULTANT in order to meet or address those requirements will be  regulations as they apply to the Project.  charged to and payable by CLIENT.  1.6 STANDARD OF CARE BY CONSULTANT AND LIMITED WARRANTY  In providing services under this Agreement, CONSULTANT shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. OTHERWISE, CONSULTANT MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO ITS PROFESSIONAL SERVICES RENDERED UNDER THIS AGREEMENT, AND ALL OTHER EXPRESS OR IMPLIED CLIENT shall be responsible for all requirements and instructions that it provides to CONSULTANT pursuant tot this Agreement, and for the accuracy and completeness of all programs, reports, data, and other information provided by CLIENT to CONSULTANT. CONSULTANT may use and rely upon such requirements, programs, instructions, reports, data, and information in performing or providing services under this Agreement, subject  WARRANTIES ARE EXPRESSLY DISCLAIMED.  to any express limitations or reservations applicable to the provided items.  1.7 CLIENT RESPONSIBILITIES  CLIENT will provide CONSULTANT with reasonable access to the work site. Unless specifically included in CONSULTANTS Scope of Work, CLIENT will, at CLIENT's expense, apply for and obtain applicable permits inat timely manner, provide all legal services in connection with the Project, and provide environmental impact reports and energy assessments, ifand as needed or appropriate for CONSULTANT'S services. CLIENT shall pay the costs of checking and inspection fees, zoning application fees, soils engineering fees, testing fees, surveying fees, and all other fees, permits, bond premiums, and all other charges not specifically covered by the terms of this Agreement. Any such fee or expense approved by CLIENT and that is paid for by CONSULTANT shall be included in CONSULTANT'S invoice for amounts payable by CLIENT, and  CONSULTANT may require advance payment before incurring the fee or expense.  Exhibit C Standard Conditions  -2-    1.8 OWNERSHIP OF DOCUMENTS AND DIGITAL DATA  All reports, drawings, specifications, computer files, field data, notes, data on any form of digital data, and other records or documents prepared by CONSULTANT are deemed instruments of service (collectively the "Instruments of Service") and shall remain the property of CONSULTANT. CONSULTANT shall retain a CONSULTANT grants to CLIENT a nonexclusive, limited license to reproduce or use CONSULTANT'S Instruments of Service solely for the purpose of constructing, effecting, making improvements to, using and maintaining the Project; provided, however, this grant is made with the express understanding that CONSULTANT shall have been paid in full for the Services rendered hereunder. CLIENT shall not use the understands that the unauthorized use of Instruments of Service is prohibited, will be deemed a material breach of this Agreement and may result in liability and other adverse consequences to CLIENT. ANY UNAUTHORIZED USE OF THE INSTRUMENTS OF SERVICE SHALL BE AT CLIENT'S OR SUCH OTHER  in and to alll Instruments of Service and  common law, statutory and other reserved rights, including copyrights, any derivative works thereof relating to the Project.  CONSULTANT. CLIENT  Instruments of Service for other projects without prior written agreement of  USER'S SOLE RISK AND WITHOUT LIABILITYTO CONSULTANT. 1.9 INDEMNIFICATION FOR UNAUTHORIZED USE OF INSTRUMENTS OF SERVICE  TO THE FULLEST EXTENT PERMITTED BY LAW, CLIENT AGREES TO AND SHALL INDEMNIFY AND HOLDHARMLESS CONSULTANT, ITS OFFICERS,EMPLOYEES AND AGENTSFROMAND, AGAINST ANY AND ALL LIABILITY, DAMAGES, LOSSES, OR COSTS, INCLUDING REASONABLE ATTORNEY'S FEES ANDI DEFENSE COSTS, ARISING ROMORINANYWAY CONNECTED WITHT THE UNAUTHORIZEDUSE, REUSE OR MODIFICATION OF THE INSTRUMENTS OF SERVICE BY CLIENT OR ANY PERSON OR ENTITY THAT ACQUIRES OR OBTAINS THE INSTRUMENTS OF SERVICE FROM OR THROUGH CLIENT INDEMNIFICATION AND HOLD HARMLESS PROVISION SHALL NOT APPLY TO. ANY LIABILITY, CLAIMS, DAMAGES, LOSSES OR EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, ARISING OUT OF BODILY INJURY TO PERSONS OR DAMAGE TO PROPERTY CAUSED BY OR RESULTING FROM, IN WHOLE OR IN PART, THE NEGLIGENT ACT OR OMISSION OF THE CONSULTANT, ITS OFFICERS OR EMPLOYEES WITH RESPECT TO AUTHORIZED USE OF THE INSTRUMENTS OF SERVICE.  HOWEVER, THIS  WITHOUT THE WRITTEN AUTHORIZATION OF CONSULTANT; PROVIDED,  1.10 DELIVERY OF DIGITAL DATA  Ina accepting and utilizing any form of digital data generated and furnished by CONSULTANT, CLIENT agrees that all: such digital data are Instruments of Service of CONSULTANT. CLIENT is aware that differences may exist between the digital data delivered and the printed hard-copy Contract Documents.. In the event of a conflict between the original signed Contract Documents prepared by CONSULTANT and digital data, the Digital data created by CONSULTANT through the application of software licensed for the sole and exclusive use by CONSULTANT will be furnished to CLIENT in read-only format. CLIENT is responsible to obtain and maintain, at CLIENT's expense, software licenses as appropriate for the use of digital data provided by Under no circumstances shall delivery of digital data for use by CLIENT be deemed a sale by CONSULTANT, and CONSULTANT makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall CONSULTANT bel liable fori indirect or consequential damages as a result  original signed and sealed hard-copy Contract Documents shall govern.  CONSULTANT.  OfCLIENT's use or reuse of the digital data. ARTICLE2. GENERAL PROVISIONS 2.1 APPLICABLE LAW  This Agreement shall bei interpreted and enforced according to the laws of the State of Texas, without regard  to conflict ofl laws principles. See Tex. Bus. & Com. Code $272.001  2.2 PRECEDENCE OF CONDITIONS Exhibit C : Standard Conditions  Should any conflict exist between thet terms herein and the terms of any purchase order or confirmation issued  -3-    by CLIENT, the terms of these Standard Conditions shall prevail, unless otherwise agreed in writing by the parties with specific reference to the applicable provision of these Standard Conditions that is intended to be  modified. 2.3 ASSIGNMENT  Neither party to this Agreement shall transfer, sublet or assign any rights or duties under or interest in this Agreement, including but notl limited to monies that are due or monies that may be due, without the prior written consent of the other party (unless such assignment without consent is mandated by! law), and any assignment without such written consent shall be void. Notwithstanding the foregoing, CONSULTANT is expressly permitted to subcontract or assign portions oft the Work or services to subconsultants that CONSULTANT may select, provided that CONSULTANT shall remain responsible for the Work assigned to and performed by such subconsultants. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. This Agreement may be amended only by a written instrument, signed by both CLIENT and CONSULTANT,  2.4 AMENDMENTS  which expressly refers toi this Agreement.  2.5 DELAYS  CLIENT agrees that CONSULTANT is notr responsible for damages arising directly ori indirectly froma any delays for causes beyond CONSULTANT'sI reasonable control. For purposes oft this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters or acts of God; epidemics or pandemics (including the 2019 Novel Coronavirus or COVID-19, including any on- going or re-occurring effects of same); World Health Organization alerts; declarations of a state of emergency or similar orders issued by local, state or federal government officials; fires, riots, war or other emergencies; failure of any government agency to act in timely manner; failure of performance by CLIENT or CLIENT's Contractors or consultants; discovery of any hazardous substances or differing site conditions; or any other Ina addition, ift the delays resulting from any such causes increase the cost or time required by CONSULTANT to perform its services in an orderly and efficient manner, CONSULTANT shall be entitled to a reasonable  similar or dissimilar cause beyond CONSULTANT'S reasonable control.  adjustment in schedule and compensation.  2.6 INSURANCE  CONSULTANT agrees to provide Professional Liability Insurance and General Liability Insurance during the scope oft the services provided for this Project andi for a period of 3 years after the completion of services. Except for amendments approved as required by this Agreement, this Agreement constitutes the entire and integrated agreement between the parties hereto and with regard to the same subject matter and supersedes all prior negotiations, representations and/or agreements, written or oral relating to the same subject matter. One or more waiver of any term, condition or other provision of this agreement by either party shall not be All express representations, waivers, indemnifications, and limitations of liability included in this Agreement The parties further intend as follows: (a) if any provision of this Agreement is held to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by applicable law, in which case that provision will be disregarded; (b) if an unenforceable provision is modified or disregarded according to this section, then the rest of the Agreement will remain in effect as written; and (c) any unenforceable provision will remain as written in any circumstances other than  2.7 MERGER, WAIVER, SURVIVAL AND SEVERABILITY  construed as a waiver of a subsequent breach of the same or any other provisions.  will survive its completion or termination for any reason.  those in which the provision is held to be unenforceable.  Exhibit CI Standard Conditions    2.8 TERMINATION AND SUSPENSION  CLIENT may terminate this Agreement for CLIENT's convenience and without cause upon giving CONSULTANT may terminate this Agreement, or may suspend Services, upon giving CLIENT not less than seven (7) calendar days" written notice following CLIENT's failure to make timely payment owed to Ina addition, either party may terminate. this Agreement for cause upon giving the other party not less than Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party, provided that, except where the failure to perform regards CLIENT's payment obligations, the non-performing. party is given written notice and description of the failure in question and a reasonable opportunity to cure of at least ten (10) but no more than thirty (30) days, and the non-performing party cures the matter within the reasonable cure period; Unauthorized assignment of this Agreement or transfer of the Project by either party to any other entity Suspension of CONSULTANT'S services by CLIENT for more than 90 calendar days,  CONSULTANT notl less than seven (7) calendar days' written notice.  CONSULTANT as provided by this Agreement.  seven (7) calendar days' written notice for any of the following "for cause" reasons:  without the prior written consent oft the other party;  consecutive or of Services  ina aggregate;  entered  Material changes in the conditions under which this Agreement was schedule adjustments necessitated by such changes. for any of the reasons listed in subsections 2.8.1., 2., 3.or 4. above.  into, the Scope  ort the nature of the Project, and the failure of the parties to reach agreement ont the compensation and CONSULTANT shall have no liability to CLIENT on account of CONSULTANT'S termination of this Agreement In the event of termination of this Agreement by either party, CLIENT shall, within fifteen (15) calendar days of the termination date, pay CONSULTANT for all services rendered and all reimbursable costs incurred by CONSULTANT up to the date of termination, in accordance with the payment provisions of this Agreement. The terminating party shall set the effective date of termination at a time sufficient (up to thirty (30) days later than otherwise provided) to allow CONSULTANT to demobilize personnel and equipment from the Project, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and  uncompleted tasks, and to assemble Project materials in orderly files.  2.9 LIMITATION OF LIABILITY  NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, AND TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER CLIENT NOR CONSULTANT, THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES OR AGENTS, CONTRACTORS OR SUBCONSULTANTS SHALL BE LIABLE TO THE OTHER OR SHALL MAKE ANY CLAIM FOR ANY INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED IN ANY WAY TO THE PROJECT OR THIS AGREEMENT.THIS MUTUAL LIMITATION OF LIABILITY: SHALL INCLUDE. ALL SUCHD DAMAGES THAT EITHER PARTY MAY HAVE INCURRED FROM ANY CAUSE, INCLUDING NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT AND BREACH OF STRICT OR IMPLIED WARRANTY.  2.10 THIRD-PARTY BENEFICIARIES  Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor ofai third party against either CLIENT or CONSULTANT. CONSULTANTS services under this Agreement are being performed solely for CLIENT's benefit, and there are no third-party beneficiaries of CONSULTANT'S  services.  2.11 MAINTENANCE, WEAR AND TEAR  Both CLIENT and CONSULTANT acknowledge that CLIENT, and only CLIENT, is responsible for maintenance, wear and tear on the project upon substantial completion. CLIENT is responsible for providing routine inspections and maintenance of the project to maintain a safe, functional and weather tight facility. Should CLIENT fail to provide routine inspections and maintenance, and damage occur to the project,  -5-  Exhibit CIS Standard Conditions    CONSULTANT is not responsible for any such resultant damage. ARTICLE 3. DISPUTE RESOLUTION, BETTERMENT, AND COMMUNICATIONS  3.1 DISPUTE RESOLUTION  CONSULTANT and CLIENT agree to negotiate all disputes between them in good faith for a minimum of 30 days from the date ofr notice. Should such negotiations fail, CONSULTANT and CLIENT agree thata any dispute between their arising out of, or relating to, this Agreement shall be submitted to non-binding mediation prior to the filing of any lawsuit or arbitration proceeding relating to the dispute, unless the parties mutually agree The mediation shall be conducted remotely and by electronic video conference means, unless the parties agree in writing to mediate in person at a mutually agreeable location. The parties agree that conducting mediation by remote means shall constitute a mediation in the state where the Project is located, provided that each of the parties shall have one representative participating in the mediation while the representative is situated in the state where the Project is located. Each party shall assume its own costs associated with the mediation. The mediator's compensation and expenses and any administrative fees or costs associated with the mediation proceeding shall be borne equally by the parties, unless otherwise agreed in writing. Notwithstanding the foregoing, none of the above Dispute Resolution processes shall prevent or deter a party from protecting or acting upon lien rights, or from seeking immediate, emergency or injunctive relief from a  otherwise in writing.  court of competent, jurisdiction and as may be available atl law or in equity.  3.2 BETTERMENT  If, due to an error or an omission by CONSULTANT, any required item or component of the project is omitted from the Construction Documents, CONSULTANT shall not be responsible for paying the cost to add such item or component toi the extent that suchi item or component and the cost of same would have been otherwise  necessary to the project or otherwise add value or betterment to the project.  3.3 NOTICES  Allr notices provided fori int this Agreement: shall bei in writing. Any notices that are submitted bye email exchanged between the parties' authorized representatives may be effective upon proof of receipt and delivery records. Each of the parties agrees to reasonably confirm receipt of notices submitted by the other party. Otherwise, all notices provided for in this Agreement shall be in writing and shall be hand delivered, mailed by certified mail, return receipt requested or sent by recognized overnight courier service to the parties at each of their CONSULTANT: Jon Braudt. PE. 800 S. Polk Street, STE: 200, Amarillo. TX 79101. 806.376.8600. braudt@parkhil.com CLIENT: Joe Hines, 601 South 1st Street. Lamesa, TX 79931.8068724331.hines@lamesakus  respective representatives noted below, unless otherwise changed upon written notice:  (Representative name, physical and mailing address, phone, and email) (Representative name, physical and mailing address, phone, and email)  3.4 ELECTRONIC SIGNATURES  Ina accordance with applicable law, including the applicable Uniform Electronic Transactions Act, CLIENT and CONSULTANT agree that electronic signatures (such as e-mail or electronicaly-yped signatures) of the parties' authorized representatives to this Agreement and Standard Conditions or to later consents or approvals associated herewith shall constitute the valid signature of the party for purposes of obtaining  agreements, consents or other matters prescribed by the Agreement.  END OF EXHIBIT  Exhibit CIS Standard Conditions  -6-    a  VEVEIS            EIE ERLENTS  DEAET 6    MERERS  @    NENS  VENIS  EDENT    LONVE  EIEN    Enueis    amue    EN WENS  ENVSOB  @    S5  E  5 33 URg d4  3anus  S  ll  B    Ey UIN  TATE  307015  EMLGLN  EAVLGNT    - 0 le E 9  AUENSN  OENUENN  au  DENT    :    EyN    DERLENVNO    FENUERN  9        8  DBNUBNIN    OGADBA  JERUBN    DONUEND  GERLENYN    la    BEDEN  GRuE  DUEINZIN    ENUUAINE    TER    OATUUAIN    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: DECEMBER 17,2024  AGENDA ITEM:7  SUBJECT: PROCEEDING: SUBMITTEDBY: EXHIBITS: AUTHORITY:  OPEN AND AWARD BID(S)  Award bids City staff Specifications  SUMMARY STATEMENT  City Council to open and award bid(s) for the 2024 Street Repair: curb aprons, and curb and gutters in the City of Lamesa, Texas  Repair and construct existing roadway areas located in all 6 Districts by patching potholes and installing new intersections improvements for valley and drains,  COUNCIL ACTION  DISCUSSION:  Motion by Council Member upon being put to a vote the motion  to award bid(s) to  Motion seconded by Council Member  and  VOTING:  "AYE"  "NAY"  "ABSTAIN"  CITY MANAGER'S MEMORANDUM  Recommend approval.    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: DECEMBER 17, 2024  AGENDA ITEM: 8  SUBJECT: PROCEEDING: SUBMITTED BY:  ENGAGEMENT AGREEMENT FOR GRANT MANAGEMENT  REPRESENTATION Agreement City Staff  SUMMARY  City Council to consider approving an agreement between the City of Lamesa and Harper Doss Group, LLC to represent the city in grant-writing and application services for all the work on Client's TxCDBG Community Phase 2 grant application.  (City Manager)  COUNCIL ACTION  DISCUSSION  Motion by Council Member seconded by Council Member  to approve an agreement between the City and upon being put to a vote the motion  of Lamesa and Harper Doss Group, LLC to represent the city in grant-writing services for all the work on Client's TxCDBG Community Phase 2 grant application. Motion  VOTING:  "AYE"  "NAY"  ABSTAIN"  CITY MANAGER'S MEMORANDUM  Recommend    HDIBASE  ENGAGEMENT, AGREEMENT FOR GRANT MANAGEMENT REPRESENTATION  THIS ENGAGEMENT AGREEMENT FOR GRANT WRITING REPRESENTATION ("Client") and Harper Doss Group, LLC (the. "Company"). Client and Company may  (this-"Agreement") is made as of[  - (the "Effective Date") between [  be collectively referred to herein as the "Parties" and singularly as a"Party."  Recital  Client has requested that Company provide Client certain grant-writing, grant application and grant management services ("Services"), and Company has agreed to undertake such engagement on the  terms and conditions set forth in this Agreement.  Agreement  NOW, THEREFORE, taking the foregoing into account, and in consideration of the mutual covenants and agreements set forth herein, the Parties, intending tol be legally bound, hereby agree Client hereby engages Company to provide Services on the terms of this Agreement. In  as follows:  consideration oft the Services, Company shall pay Client as follows:  Project Fee. Company will charge a project-based fee of $ $20,200 for all work on Client's TXCBDG Community Phase 2 grant appliçation (the "Application") performed by Company and any representative working under Company's supervision. Client shall pay Company fifty percent (50%) of the Project Fee (in the amount of $10,100) upon executing this Agreement. Client agrees and understands that Company will not begin work until the initial fifty percent (50%) of Project Fee is received by Company. Client shall pay Company the other fifty percent (50%) of Project Fee (in the amount of $10,100) (the Balance") on the date of submission of an Application. If Client fails to submit an Application by 05/01/2025, then the Balance shall be due within one (1) business day after such missed date.    HDIBANE  Scope Ofl Representation  Client's representation by Company begins at the time Services are first rendered by Company on Client's behalf in relation to an Application and ends upon submission of such Application.  Company will provide the following Services with respect to an Application:  ---All attachments, appendices, and narratives are required for a complete Community Phase 2  Application.  Prior to submission of an Application, Company will be available to meet with Client on a biweekly (once every two weeks) basis via video-lele-contereneing. Client acknowledges and agrees that at times, Company may choose to associate other representatives to perform Services under Company'ss supervision. The representation (and Company's performance ofServices) shall terminate if Client and Company agree to voluntarily terminate this Agreement.  Risks OfGrant Writing  Client acknowledges, understands and agrees that grant applications are subject to a variety of factors, including but not limited to the number of competing applications, the awarding agency's objective and subjective review measures, eligibility and qualification requirements, the allocated funding amount, and the underlying data provided by Client. Client acknowledges, understands and agrees that Company has not, cannot and does not guarantee the results or outcomes of any of the Services to be performed by Company. As a result, Client acknowledges, understands and agrees that Company does not-in any way, shape or form-provide any guarantee on the results or outcome of: anyApplication. Company shall provide Servicesina aj professional manner and in accordance with industry practice standards and all applicable laws. Company makes no representations, warranties, guarantees, or other commitments except as expressly set forth in this Client acknowledges, understands and agrees there are inherent limitations in the effectiveness of any forward-looking project such as grant applications. Any analysis, forecast, prediction, or statements created by Company during the course of rendering Services are not guarantees of future performance nor promises that goals or targets will be met, and involve a number of risks, uncertainties and other factors that are difficult to predict and could cause actual results to differ  Agreement.  materially from those expressed ori implied.  Payments  I.  Expenses.  Should Client request for a Company representative to visit Client inj person, Client is responsible for all incurred expenses, including without limitation airfare, car rental, hotel lodging, and food. An estimate of expenses will be sent to Client before travel and must be approved by Client in writing before any travel begins, such approval not to be unreasonably withheld, delayed or conditioned. Costs and expenses will be billed to Client in the month in which they are charged  Page 20 of9    HDIBANE  and be due within thirty (30) thirty days ofinvoice date. All such expenses are in addition to the Project Fee. Client shall pay Company for all such expenses incurred prior to any termination of  this Agreement within ten (10) business days after the date ofany termination.  II. Company's Fees.  Payment of the Project Fee can be made via ACH ("Automated Clearing House"), wire transfer, check, credit or debit card. IfClient elects to pay a Project Fee via credit or debit card, a 3% If this Agreement terminates before any grant Award is ultimately received, Client agrees that Company may invoice Client for the costs and reasonable fees incurred from the commencement of Services until the date oft termination. Fees will be calculated by the number of hours worked by Company on behalf of Client multiplied by Company's engagement partner's hourly fee of $645.00 minus any received payments. Client shall make payment to Company for all such Fees All delinquent amounts hereunder shall beari interest at the lesser of one and one-half percent (1 %  processing fee will be applied.  within ten (10) business days after the date of any termination. %) per month or the maximum amount permitted by law.  Client's Full Cooperation Required  Client shall fully cooperate with Company in all Applications, including, but not limited to, timely providing all relevant information known or available to Client, making itself available for data gathering and other scheduling and Application preparation, identifying risks from suppliers, partners, customers, and market forces that could negatively impact an Application, verifying and confirming Client meets all eligibility requirements for any Application, registering and obtaining a SAM.gov, Grants.gov, and Unique Entity Identifier ("UEI") account, uploading and submitting all required grant material before a grant deadline, informing Company of any changes in material facts, identifying and designating Client information as Confidential Information (defined below), and keeping Company notified of any changes in Client's business which may materially affect Client shall respond promptly to all requests fori information from Company and understands that Company's ability to perform Services is dependent on Client's timely cooperation and provision of all relevant information. Client agrees that all information furnished by or on behalf of Client will be true, complete and accurate and will not contain any untrue statement ofa a material fact or omit to state a material fact necessary in order to make the statements therein not misleading. During the period ofCompanysemgagement hereunder, Client shall promptly (i) notify Company upon becoming aware of any material inaccuracy or misstatement in, material omission from or material change in any information previously furnished to or discussed with Company and (ii) advise Company ofany material event or change in the business, affairs or condition (financial or In addition, Client represents and warrants that it has disclosed the following to Company as of  the competitiveness of an Application.  otherwise) of Client. the Effective Date: i)  Any incidents of noncompliance with laws and regulations, fraud, or uncorrected errors attributable to management or employees of Client that are not trivial and that may affect  regulatory, environmental, or legal approvals;  Page 3 of9    HDIBARE  ii) Knowledge of any actual, suspected, or alleged intentional acts by management or employees ofClient that could adversely affect the proposed project or future projections; iii) Any previous, current, or reasonably expected future litigation or business risk ofwhich it Client also represents and warrants that it has complied and will comply with the U.S. Foreign Corrupt Practices Act, the UK Bribery Act and any locally applicable anti-bribery or corruption laws CAnti-Brberylaws). In connection with this Agreement, neither Client nor any person or entity acting on behalf of Client shall authorize the giving of, offer or promise to give, undue pecuniary orc other advantage, ora anythingofvaluet toap public official or any other party in violation Each Party represents and warrants to the other that it has full power and authority to enter into and carry out this Agreement, and this Agreement constitutes its valid and binding obligation, enforceable in accordance with its terms, subject to applicable bankruptcy, reorganization, insolvency or similar laws affecting creditors' rights generally, at law or in equity. By executing this Agreement, Client hereby represents, warrants and attests that it: Client shall immediately notify Company in writing if any of the foregoing representations and Client acknowledges, understands and agrees that Company (i) is and will be entitled to rely upon and assume the accuracy, completeness and reasonableness of all information furnished by or discussed with Client, (ii) does not and will not assume responsibility, obligation or liability for the accuracy, completeness, reasonableness or achievability of any such information, (ii) will have no responsibility or obligation to independently verify such information or to conduct any independent evaluation of Client or any other person or entity, (iv) will assume that all financial projections, estimates and other forward-looking information that may be furnished by Client will have been reasonably prepared and reflect the best then-currently available estimates and judgments of Client's management, and (v) will express no opinion, representation, guaranty or warranty regarding the reasonableness or achievability of any results  and is aware.  ofAnti-Bribery Laws.  Client's Attestation and Acknowledgement  warranties becomes untrue.  ofany Application.  Confidentiality  As used herein, "Confidential Information" means confidential or proprietary information or materials provided to, generated by or for, or made available in connection with this Agreement (whether orally, in writing, electronically, or in any form). For the avoidance of doubt, this Agreement constitutes Confidential Information. Confidential Information does not include information that () has become generally available to the public other than as a result ofa a breach by the receiving Party of any obligation to the disclosing Party; (ii) was known to the receiving Party prior to disclosure by the disclosing Party by reason other than having been previously disclosed in confidence to the receiving Party; (ii) was disclosed to the receiving Party on a non-  Page 4 of9    HDIBASE  confidential basis by ai third party who did not owe an obligation of confidence to the disclosing Party with respect to the disclosed information; or (iv) as required to be disclosed by applicable law, a court ofcompetent jurisdiction or other governmental authority; provided that the receiving Party shall give the disclosing Party prompt written notice ofs such required disclosure in order to afford the disclosing Party an opportunity to seek a protective order or other legal remedy to prevent the disclosure, and shall reasonably cooperate with the disclosing Party'se efforts to secure Neither Party shall disclose or otherwise make available to any person or entity any Confidential Information ofthe other Party, except to its authorized representatives who have ai reasonable need All press releases and other public announcements relating to the existence or terms of this Client understands, acknowledges and agrees that Company shall retain ownership of its intellectual property rights, including without limitation patents, copyrights, trade secrets, know- how, general or anonymized expertise/analysis and other proprietary rights, and all materials that (i) were existing prior to the Effective Date or (ii) were developed or acquired by or on behalfof Company independent from the Services and without use of any Confidential Information of Client, and Client shall not acquire any right, title or interest in any of the foregoing as a result of Each Party agrees that in the event of a breach or threatened breach of this Section labeled "Confidentiality", money damages alone would be an inadequate remedy, and int the event ofsuch ab breach or threatened breach, in addition to other availablei rights and remedies, it shall be entitled to specific performance and/or injunctive or other relief in order to enforce, or prevent any  aj protective order or other legal remedy to prevent the disclosure.  to know such information.  Agreement must be approved in advance by Company in writing.  Companysperiommance of Services.  violations of, such provisions, without posting a bond or other security.  Non-Exclusivity  Client recognizes that Company isi in the business ofwriting and managing grant applications, the Services are being provided on a non-exclusive basis, and Company's past, present, and future clients may include companies similar to Client, possibly even including Client's competitors. Client agrees and understands that Company's clients or prospective clients may include such entities and that such relationships do not constitute a breach oft this Agreement.  Indemnification and Limitation ofLiability  Client shall indemnify, defend and hold Company, and its directors, officers, employees, agents, subcontractors, representatives and affiliates, harmless for any claims, liabilities, losses or damages (including reasonable attorneys' fees) arising out of () Client's breach of its representations, warranties, covenants or obligations under this Agreement, (ii) all materials, data or information Client provides to Company, or (iii) Client's negligence, willful misconduct, Client agrees that Company, and its directors, officers, employees, agents, subcontractors, representatives: and affiliates, will not have any liability to Client orto any person or entity claiming through Client, except to the extent such liability is found in a final judgment by a court of  violation oflaw, or fraud.  Page 5of9    HDIBASE  competent jurisdiction (not subject to further appeal) tol have resulted primarily and directly from Notwithstanding anything herein to the contrary, Company's total liability arising from or relating tothisAgreement: shall note exceed in the aggregate an amount equal to thet total fees paid or payable to Company under this Agreement. In no event shall Company be liable for any consequential, indirect, incidental, special or punitive damages or loss of profits, business or opportunity,  the gross negligence or willful misconduct of Company.  regardless ofwhether such damages were foreseeable.  Termination  Either Party may terminate this Agreement at any time upon written notice to the other. Without limiting the foregoing, Company may terminate this Agreement if Company is unable to obtain the required data or information it determines is necessary to complete an Application ori ifClient In the event this Agreement is terminated by Client, Client shall, within thirty (30) days after termination pay Company for all owed hourly fees or costs up to the time of termination as All provisions oft this Agreement which by their nature are intended to survive termination ofthis Agreement shall survive such termination, including without limitation all obligations of confidentiality, intellectual property rights, indemnity, limitation of liability and miscellaneous provisions. No termination shall relieve a Party of any liability for breach or default occurring  fails to fulfill an obligation to Company.  described in "Section II- Company's Fees".  prior to termination.  Dispute Resolution and Governing Law  The Parties shall seek to resolve all such disputes expeditiously and in good faith. Except as set forth in the Confidentiality section above, ifany dispute arises between the Parties with respect to this Agreement, the Parties agree to first try in good faith to settle the dispute by mediation administered by the American Arbitration Association ("AAA"). Any dispute with respect to any matter that is unresolved by mediation will then be decided by arbitration. Any arbitration shall take place in Austin, Texas unless both Parties agree to another location, and shall be before a single arbitrator selected by agreement oft the Parties. The arbitration panel shall have no power to award non-monetary or equitablei reliefofany sort. All aspects ofthe arbitration, including without limitation, the fact that the Parties are engaged in arbitration, shall be maintained as confidential except to the extent necessary to enforce any arbitration award or as otherwise required by applicable law or by order ofa court of competent jurisdiction. Any arbitral award determination Client accepts and acknowledges that any demand for arbitration must be issued within one (1) year from the date Client became aware or should reasonably have become aware oft the facts that give rise to its claim and in any event no later than two (2) years after any such cause of action Ina agreeing to arbitration, the Parties acknowledge that each Party is giving up the right to have the dispute decided in a court of law before a judge or jury and instead the Parties are accepting the use or arbitration for dispute resolution. The prevailing Party shall be entitled to an award of  shall be final and binding upon the Parties.  accrued.  Page 60 of9    HDIBASE  reasonable attorneys' fees and costs incurred in connection with the arbitration ofthe dispute in an This Agreement shall be construed in accordance with the laws of the State of Texas, without  amount to be determined by the arbitrators. regards to any choice ofl law principles.  Miscellaneous Provisions  Company is an independent contractor to Client, and nothing in this Agreement shall be construed as creating aj joint venture, partnership or agency between thel Parties. Neither Party shall impose or create any obligation or responsibility, express or implied, or make any promises, representations, or warranties on behalfofthe other, other than as expressly provided herein. Neither Party may assign this Agreement. This Agreement shall be binding upon the Parties and Any notice provided for or required by this Agreement shall be in writing and shall be deemed to have been received when delivered on the date ofits transmission ifsent via electronic mail to the following address (or to such other address as a Party provides by written notice):  their respective successors and permitted assigns.  Ifto Client:  Ifto Company:  Harper Doss Group, LLC 2121 Lohman Crossing Road Suite 102 Lakeway, TX 78734  Company shall not be liable for failing or delaying performance of its obligations under this Agreement to the extent that such failure or delay is due, in whole or in part, to any condition beyond its reasonable control, including, but not limited to, governmental action, pandemics or epidemics, acts oft terrorism, earthquake, fire, flood or other acts of God, labor conditions, failure This Agreement contains the entire agreement between the Parties with respect to the subject matter hereofand. supersedes any and all prioragreements between them with respect to1 thes subject matter hereof. No Party makes any representation or warranty to the other except as expressly set  ofcommunication equipment, power failures, orl Internet disturbances.  forth in this Agreement.  Page 7 of9    HDIBASE  This Agreement may only be amended by a subsequent writing signed by authorized representatives of both Parties. Ifthe Parties are proceeding on multiple grant applications, the Parties may mutually agree to execute an Addendum to this Agreement to set forth agreed fees and Should any provisions of this Agreement be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provisions had not been set forth herein. Neither the failure of either Party to insist upon or enforce strict performance by the other Party of any provision of this Agreement, nor the failure, delay or omission by either Party in exercising any right with respect to this Agreement, will be construed as a waiver or relinquishment of either Party's right to assert or rely upon any such provision or right in that or any other instance. This Agreement may be executed in multiple counterparts and  other terms.  by electronic signature.  [THIS SPACEI INTENTIONALLYLEPTE BLANK]  Page 8 of9    HDIBAS:  IN WITNESS WHEREOF, the Parties have duly executed this Agreement as oft the Effective  Date.  Harper Doss Group, LLC ALK Signatory Name: Peter Rispoli Title: Partner  Signatory Name: Title:  Page 9 of9    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: DECEMBER 17, 2024  AGENDA ITEM: 9  SUBJECT: PROCEEDING: SUBMITTED BY: AUTHORITY:  BUDGET AMENDMENTI Ordinance first reading City Staff  SUMMARY STATEMENT  City Council to consider amending Ordinance 0-11-24 on first reading with respect to the budget for the fiscal year beginning October 1, 2024, and ending September 30, 2025. (This Budget Amendment is to reflect the receipt of a Weaver Grant for the Pumper Truck and Brush Truck expenditure). (City Manager & Finance)  COUNCIL ACTION  DISCUSSION  Motion by Council Member being put to a vote the motion  to amend Ordinance 0-11-24 on first reading  with respect to the budget for the fiscal year beginning October 1, 2024, and ending  September 30, 2025. Motion seconded by Council Member  and upon  VOTING:  "AYE"  "NAY"  ABSTAIN"  CITY MANAGER'S MEMORANDUM  Recommend approval.    ORDINANCE NO.  AN ORDINANCE OF THE CITY OF LAMESA, TEXAS, AMENDING ORDINANCE NO. 0-11-24 TO APPROPRIATE FUNDS IN THE CITY OF LAMESA BUDGET FOR FISCAL YEAR 2024-2025.  On the 17th day December 2024, 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 (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 desires to amend Ordinance No. 0-11-24 to make certain revisions to the 2024-2025 Budget of the City of Lamesa to authorize and  appropriate funds as listed below; and  NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY  OF LAMESA, TEXAS:  SECTION 1. That the City of Lamesa 2024-2025 Budget contained in Ordinance No. 0-11-24 be, and same is hereby, amended to change the amount appropriated by the  following:  Revenues $264,864.66  Expenditures $264,864.66  General Fund (01)  SECTION 2. Effective date: That this Ordinance shall become effective as of this  January 31, 2025.  SECTION: 3. The City Secretary is hereby authorized and directed to cause Upon being put to a vote, the foregoing ordinance was Passed, on First Reading on December 17, 2024, by a majority vote; and on January 21, 2024, there 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 (Government. Code, Chapter 551); 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 Reading by a majority vote and ordered to be spread upon the minutes of the City Council of the City of Lamesa, Texas and  publication of this Ordinance as provided by law.  recorded in the ordinance book thereafter.    ATTEST:  APPROVED:  Betty Conde City Secretary  Josh Stevens Mayor    CITY OF LAMESA General Fund (1)  BUDGET AMENDMENT -1 FOR FY 2024/2025  This budget amendment is to record receipt of the Weaver Grant for the Pumper Truck  and Brush Truck expenditure. Increase Revenues = (01-40917) Increase Expenses - (01-5051954)  $264,864.66 $264,864.66    City of Lamesa  memo  To: From: CC: Date: Re:  Betty Conde Wayne Chapman 12/08/2024  Budget Amendment - Weaver Grant  Rosenbauer Commercial Pumper & Brushfighter Large Brush Truck  Comments:  This budget amendment is to record receipt of the Weaver Grant for the  Pumper Truck and Brush Truck expenditure.  Weaver Grant  01-40917 01-5051954  $264,864.66 $264,864.66  Exception:  Signature:  ahpe Cpmas    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: DECEMBER 17, 2024  AGENDA ITEM: 10  SUBJECT: PROCEEDING: SUBMITTED BY: AUTHORITY:  BUDGET AMENDMENT II Ordinance first reading City Staff  SUMMARY STATEMENT  City Council to consider amending Ordinance 0-11-24 on first reading with respect to the budget for the fiscal year beginning October 1, 2024, and ending September 30, 2025. (This Budget Amendment is to record receipt of the Dawson County share new  Pumper Truck and Brush Truck expenditure). (City Manager & Finance)  COUNCIL ACTION  DISCUSSION  Motion by Council Member being put to a vote the motion  to amend Ordinance 0-11-24 on first reading  with respect to the budget for the fiscal year beginning October 1, 2024, and ending  September 30, 2025. Motion seconded by Council Member  and upon  VOTING:  "AYE"  "NAY"  ABSTAIN"  CITY MANAGER'S MEMORANDUM  Recommend approval.    ORDINANCE NO.  AN ORDINANCE OF THE CITY OF LAMESA, TEXAS, AMENDING ORDINANCE NO. 0-11-24 TO APPROPRIATE FUNDS IN THE CITY OF LAMESA BUDGET FOR FISCAL YEAR 2024-2025.  On the 17th day December 2024, 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 (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 desires to amend Ordinance No. 0-11-24 to make certain revisions to the 2024-2025 Budget of the City of Lamesa to authorize and  appropriate funds as listed below; and  NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY  OF LAMESA, TEXAS:  SECTION 1. That the City of Lamesa 2024-2025 Budget contained in Ordinance No. 0-11-24 be, and same is hereby, amended to change the amount appropriated by the  following:  Revenues $264,864.66  Expenditures $264,864.66  General Fund (01)  SECTION 2. Effective date: That this Ordinance shall become effective as of this  January 31, 2025.  SECTION 3. The City Secretary is hereby authorized and directed to cause Upon being put to a vote, the foregoing ordinance was Passed, on First Reading on December 17, 2024, by a majority vote; and on January 21, 2024, there 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 (Government. Code, Chapter 551); 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 Reading by a majority vote and ordered to be spread upon the minutes of the City Council of the City of Lamesa, Texas and  publication of this Ordinance as provided by law.  recorded in the ordinance book thereafter.    ATTEST:  APPROVED:  Betty Conde City Secretary  Josh Stevens Mayor    City of Lamesa  memo  To: From: CC: Date: Re:  Betty Conde Wayne Chapman 12/08/2024  Budget Amendment - Dawson County Contribution  Rosenbauer Commercial Pumper & Brushfighter Large Brush Truck  Comments:  This budget amendment is to record receipt of the Dawson County share of  new Pumper Truck and Brush Truck expenditure.  Dawson County  01-40904 01-5051954  $264,864.66 $264,864.66  Exception:  Signature:  Opoon    CITY OF LAMESA General Fund (1)  BUDGET AMENDMENT -2 FOR FY 2024/2025  This budget amendment is to record receipt of the Dawson County share of the  Pumper Truck and Brush Truck expenditure.  Increase Revenues - (01-40904) Increase Expenses - (01-5051954)  $264,864.66 $264,864.66    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: DECEMBER 17,2 2024  AGENDA ITEM: 11  SUBJECT: PROCEEDING: SUBMITTED BY: EXHIBITS:  DISCUSSION AND POSSIBLE ACTION OF A INTERLOCAL AGREEMENT PRE-MAGISTRATE HOUSING SERVICES WITH  DAWSON COUNTY, TEXAS.  Approval City Staff  SUMMARY STATEMENT  City Council to discuss and take possible action to approve an Interlocal Agreement  Pre-magistrate Housing Services with Dawson County, Texas.  COUNCIL ACTION  DISCUSSION  Motion by Council Member seconded by Council Member  to approve the execution of an Interlocal Agreement  to furnish Pre-Magistrate Housing Services with Dawson County, Texas. Motion  and upon being put to a vote the motion  VOTING:  "AYE"  "NAY"  "ABSTAIN"  CITY MANAGER'S MEMORANDUM  Recommend approval.    THE STATE OF TEXAS COUNTY OF DAWSON  KNOWNE BY ALL MEN BY THESE PRESENTS  INTERLOCAL AGREEMENT  THAT THIS IS EVIDENCE IN WRITING of an Interlocal Agreement entered into this day by and between the CITY OF LAMESA, TEXAS, a Texas home rule municipality, hereinafter called' "City" and DAWSON COUNTY, TEXAS, a political subdivision oft the State of Texas, hereinafter called  "County".  WITNESSETH:  and  in this cooperative agreement to provide for the coordination of law enforcement and services in  WHEREAS, County  City join together  public safety of the residents of the City and County; and and equipment, and to generally improve  WHEREAS, it is in the besti interest oft the public to avoid duplication of facilities, personnel, WHEREAS, it is in the best interest of the public health and welfare of the people of the WHEREAS, iti is the intent of the parties hereto to comply with the provisions of thel Interlocal Cooperation. Act, Chapter 791 of the Government Code of the State of Texas, which provides that the City and County may contract with other local governments to provide governmenta. functions and services, which services include jail and communications services. NOW THEREFORE, the City and County, acting herein through their respective governing  the community; and  County and City to have such services available in the community; and  bodies, agree as follows: The County agrees medical Dawson County advance. The Arresting agency  1. Pre-MagistrateHo.ding  to house Lamesa Police Department Pre- Magistrate detainees in the  case. Medical expenses, including The City Will be provided a copy of the impact the jail capacity 72 hours in  Dawson County Jail until ar magistrate can review the Magistrate, will be the responsibility Jail and will notify the Sheriff of any activity  Any  clearance costs incurred by these LPD detainees prior to appearing before the  of the City. that may  Jail Policies and the City will follow all the policies of the Dawson County  will seek LMHA clearance for all detainees pursuant to the Dawson  Detainee in Crisis will be evaluated at the  County Sheriffs Office LMHA guidelines. Any transportation to an approved LMHA detainees  for! Mental Health Centers  hospital pursuant to LMHAGuidelines. The arresting agencyisresponsibiet will be according to the patient's address. The Lamesa LMHA detainees arrested by Dawson County.  facility. Emergency Detention Orders by' West Texas  Police Department will transport  arrested LPD and the Dawson County Sheriffs Office will transport  by    Dawson County Sheriff or designees may request a medical clearance as needed and the detainee will be transported by the arresting agency to the nearest Emergency Room for a licensed physician or higher level medical provider such as a nurse practitioner, or medical assistant to clear the detainee. Dawson County Sheriff's office Medical Clearence forms must be completed by the arresting Agency and finalized by the Medical Provider. EMS clearance will not be accepted. This applies to any detainee prior toj jail acceptancelacmitance. Once magistrated all care is the responsibility oft the Dawson County Sheriffs Office. This excludes  City Class C arrests.  The City Lamesa will provide Juvenile transport to the detention facility and  transport to hearings as needed.  2. Term  Thet term oft this agreement shall bei for one year, commencing October 1,2 2024,  and terminating at midnight on September 30, 2025.  3. Funding  The obligations of County and City in this agreement are expressly made contingent upon the availability off funds for each item and obligation contained herein for the term of this agreement. In the event no funds or insufficient funds are appropriated by either County or City to satisfy such entities obligations under this contract for the period covered by such entity/s budget or appropriation, this  agreement shall terminate without penalty to either County or City.  4. Indemnity  City agrees to save and hold harmless Sheriff and County, and Sheriffs successors in office, for all claims for damages for which Sheriff or County may be held liable resulting from the County's housing of City of Lames Police Department detainees due to acts or omissions of any City employee. County agrees to save and hold City harmless from any claims for damages for which City may be held liable resulting from the County's housing of City of Lames Police Department detainees due  to acts or omissions of any County employee.    5. Dispute Resolution  Itis specifically understood that any dispute over technical or policy issues relating to the terms of this agreement that may occur during the term of this agreement may be resolved by mutual consent of a Dispute Committee consisting of two Council members and two Commissioners. The City Manager, Mayor and County Judge will have no say in any dispute. Any such resolution by the Dispute Committee shall be committed tov written form and presented to the City Council of the City and the Commissioner's Court ratifysuchr resolution and the! Dawson County Sheriff agrees to such resolution, its shall be included as an amendment to this agreement. The Dawson County Jail and Lamesa Police Department shall be required to honor any agreement within the law.  oft the County. If both the City Council and County Commissioners  working in Dawson County will be required to follow the samej jail policy.  Any agencies  6. Renewal Committee  Itis specifically understood that a Renewal Committee consisting of two Council members and two Commissioners will be established to renew this contract  and County Judge may not be a member and committee's recommendations to the Council and the Recommendations for renewal must be presented to Council result in the possibility that this contract will not be renewed by  each year. The City Manager, Mayor will have no input to this Commissioners. Failure to do so may either party.  members and the Commissioners Court by July 31, 2025 in order to be considered.  7. Right to Terminate  other provision herein regarding the term of this written notice to the other party. In the event of such  Not withstanding any  either party hereto shall have the right to terminate this agreement  agreement, upon thirty day's (30)  hereunder.  termination, neither County or City shall have any further obligation  8. Invalidity  specifically understood that in the event that any section, subsection, shall not affect the validity of the remaining portions of this  Iti is such holding agreement.  is, for any reason, held to bei invalid,  sentence, clause or phrase of this agreement    9. Entire Agreement  This agreement contains the entire agreement of the parties. There are no other agreements, oral or written, between the County and City and the terms of this agreement may be amended only by written instrument, signed, and ratified by both the City Council of the City and the County Commissioners Court.  EXECUTED this day aiowh25.2024 but effective October 1, 2024.  Mark EK Shofner, HL  1 Precinct  Ryan Webb, Commissioner Precinct 2 Zlibime Nicky Goode, Commissioner Precinct 3 ME  Precinct 4  Mait Hogg, Dawson County Sheriff  Attest:  Chasusy Clare Christy, County Clerk    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: DECEMBER 17, 2024  AGENDA ITEM:12  SUBJECT: SUBMITTED BY: EXHIBITS:  CITY STAFF REPORTS City Staff  SUMMARY STATEMENT  City Council to hear city departmental reports:  POLICE CHIEF REPORT: Police Chief to report on the city's recent FIRE CHIEF REPORT: Fire Chief to report on the city's recent events: UTILITIES DIRECTOR REPORT: Utilities Director to report on the city's recent GOLF COURSE REPORT: Golf Course Superintendent to report on conditions  events:  events.  and events at the Golf Course  COUNCIL ACTION  No City Council action required.    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: DECEMBER 17, 2024  AGENDA ITEM:13  SUBJECT: SUBMITTED BY: EXHIBITS:  FINANCIAL REPORT Finance Director Report  SUMMARY STATEMENT  Finance Director to report on the city's finances.  COUNCIL ACTION  No City Council action required.    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: DECEMBER 17, 2024  AGENDA ITEM:14  SUBJECT: SUBMITTED BY:  CITY MANAGER REPORT City Manager  SUMMARY STATEMENT  COUNCIL ACTION  No City Council action required.    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: DECEMBER 17, 2024  AGENDA ITEM: 15  SUBJECT: SUBMITTED BY:  MAYOR'S REPORT Mayor  SUMMARY STATEMENT COUNCIL ACTION  Mayor to report on future events. No City Council action required.    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: DECEMBER 17, 2024  AGENDA ITEM: 16  SUBJECT: PROCEEDING: SUBMITTEDE BY: EXHIBITS: AUTHORITY:  EXECUTIVE SESSION Closed Session City Staff  Texas Open Meetings Act Chapter 551, Government Code  SUMMARY STATEMENT  Consider convening into closed Executive Session with the City Council of the City of  Lamesa, Texas for the following:  Section 551.074 Texas Government Code: Consider meeting in closed executive session to discuss personnel matters regarding to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or  dismissal of a public officer or employee.  Discuss appointments to various Boards of the city.  City Manager  COUNCIL ACTION  DISCUSSION:  Motion by Council Member by Council Member  to enter into executive session. Motion seconded  and upon being put to a vote the motion passed.  VOTING:  "AYE"  "NAY"  "ABSTAIN"    CERTIFIED AGENDA: EXECUTIVE SESSION OF THE CITY COUNCIL OF THE CITY OF LAMESA, TEXAS  On this day, December 17, 2024, at a regular 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.A ANNOUNCEMENT BY PRESIDING OFFICER:  "The City Council will begin its executive session on December 17, 2024, at  P.M."  The subject matter of each executive session deliberation is as follows:  Section 551.074 Texas Government Code: personnel matters regarding to deliberate the appointment, employment, evaluation, reassignment, duties,  discipline, or dismissal of a public officer or employee.  Discuss appointments to various Boards of the City  City Manager  RECORD OF ACTION TAKEN:  B. ANNOUNCEMENT BY PRESIDING OFFICER:  "The City Council has completed its executive session on December 17, 2024 at  P.M."  C. CERTIFICATION:  Ihereby 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  2024.  Josh Stevens, Mayor    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: DECEMBER 17,2 2024  AGENDA ITEM: 17  RECONVENE TO OPEN SESSION  SUBJECT: SUBMITTED BY: EXHIBITS: AUTHORITY:  City Council  Texas Open Meetings Act  SUMMARY STATEMENT  Reconvene into open session to consider and discuss taking action.  COUNCIL ACTION  Motion by Council Member being put to a vote the motion passed.  to  Motion seconded by Council Member  and upon  VOTING:  "AYE"  "NAY"  "ABSTAIN"    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: DECEMBER 17, 2024  AGENDA ITEM: 18  SUBJECT: PROCEEDING: SUBMITTED BY: EXHIBITS: AUTHORITY:  BOARD APPOINTMENTS  City Council  Texas Open Meetings Act Chapter 551.074, Government Code  SUMMARY STATEMENT  City Council to take action appointing members to the following Boards:  Board of Adjustment Planning and Zoning Building Board Electrical Plumbing  West Texas Opportunity6years) South Plains Public Health District  COUNCIL ACTION  Motion by Council Member upon being put to a vote the motion  to appoint the following  Motion seconded by Council Member  and  VOTING:  "AYE"  "NAY"  "ABSTAIN"    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: DECEMBER 17, 2024  AGENDAI ITEM: 19 DEVELOPMENT  SUBJECT: PROCEEDING: SUBMITTED BY:  APPOINTMENT-LAMESA BOARD MEMBER Approval City staff  ECONOMIC  SUMMARY STATEMENT  Consider appointing  to the Lamesa Economic Development Corporation  Board for a two (2) year term ending in December 2026. (EDC Director)  COUNCIL ACTION  DISCUSSION  Motion by Council Member Motion seconded by Council Member  to appoint  to the Lamesa Economic  Development Corporation Board for a two (2) year term ending in December 2026.  and upon being put to a vote the motion  VOTING:  "AYE"  "NAY"  ABSTAIN"    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: DECEMBER 17, 2024  AGENDA ITEM: 20  SUBJECT: PROCEEDING: SUBMITTEDBY:  APPOINTMENT- LAMESA ECONOMIC ALLIANCE PROJECT  BOARD: Approval City staff  SUMMARY STATEMENT  Consider appointing  to the Lamesa Economic Alliance Project for a two (2)  year term ending in December 2026. (EDC Director)  COUNCIL ACTION  DISCUSSION  Motion by Council Member Council Member  to appoint  to the Lamesa Economic  Alliance Project for a two (2) year term ending in December 2026.. Motion seconded by  and upon being put to a vote the motion  VOTING:  "AYE"  "NAY"  "ABSTAIN"    City Council Agenda City of Lamesa, Texas  DATE OF MEETING: DECEMBER 17, 2024  AGENDA ITEM:21  ADJOURNMENT: Announcement by the Mayor - "The next regularly scheduled meetings of the City Council of the City of Lamesa will be January 21, 2025, at 5:30  P.M."