LAMESATEXAS CITY COANCIL AGENDA TRADE COHRIDORCHOSING 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, MAY 13, 2025, 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 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. a. APPROVAL OF THE MINUTES: Approval of the minutes of the City Council regular meeting held on April 15, 2025. 4. DISCUSSION AND POSSIBLE ACTION TO AMEND CHAPTER 12 TRAFFIC AND VEHICLES; ARTICLE 12.04, STOPPING, STANDING AND PARKING AND ARTICLE 12.05 TRUCKS: City Council to discuss and take possible action to amend Chapter 12 Traffic and Vehicles; Article 12.05 trucks of the Code of Ordinances of the City of Lamesa. (City Manager). 5. A RESOLUTION TO ENTER A MULTIPLE USE AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION TO PERMIT THE INSTALLATION A AND OPERATION OF AUTOMATED LICENSE PLATE RECOGNITION: City Council to consider authorizing a multiple use agreement with TxDot to permit the installation and operation of automated license plate recognition cameras within TX-137 and North 22nd Street South Bound; TX -137 and North 22nd Street North Bound; Seminole Road and Weaver Road East Bound ; TX-137 and South Houston Avenue North Bound; South Dallas Avenue and S Elgin Avenue North Bound; Lubbock Highway and Norh 27th Street South Bound.(Chief Josh Peterson) 6. BUDGET AMENDMENT IV: 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 recognize the sale of a 2006 Fire Truck ($40,000.00) and a Fire Brush Truck ($23,250.00). (City Manager & Finance Director) 7. BUDGET AMENDMENT V: 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 requesting a Budget Amendment for emergency repair for the landfill compactor. (City Manager & Finance Director) 8. CANVASS CITY'S GENERAL ELECTION RETURNS: The council tabulated the returns from the May 3, 2025, City General Election, and the following votes were cast. 9. CANVASS CITY'S SPECIAL ELECTION RETURNS: The council tabulated the returns from the May 3, 2025, City Special Election, and the following votes were cast. 10.OATH OF OFFICE - NEWLY ELECTED MAYOR: The city attorney to administer Oath of Office to the newly elected Mayor from the May 3, 2025, City General Election. 11.OATH OF OFFICE - NEWLY ELECTED COUNCIL MEMBER: The city attorney to administer Oath of Office to the newly elected Council Member from the May 3, 2025, City Special Election. 12.MAYOR PRO-TEM: The city council to elect a mayor pro-tem for a one-year term of office. 13.OATH OF OFFICE - MAYOR PRO-TEM: The city attorney to administer the oath of office to the newly elected mayor pro-tem. 14.CITY STAFF REPORTS: a. PARKS, STREETS, SANTATIONIANDFLL REPORT: Director to report on the city's recent events. b. UTILITIES DIRECTOR REPORT: Utilities Director to report on the city's recent events. 15.CITY MANAGER REPORT: City Manager to report on current activities and answer questions from the City Council. 16.MAYOR REPORT: Mayor to report on current activities and to answer questions from City Council. 17.EXPRESSION OF APPRECIATION: Consider passing a resolution of appreciation of Josh Stevens for his service as Mayor. 18.ADJOURNMENT: The next regularly scheduled meeting of the City Council of the City ofLamesa will be June 17, 2025, at 5:30 P.M. 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 this meeting to discuss any of the disability to allow them to effectively matters listed above, as authorized by participate in the city council meeting. Those Texas Government Code Section 551.071 requesting auxiliary aids or services should (Consultation with Attorney), 551.072 notify the contact person listed below at (Deliberations about Real Property), least twenty-four hours prior to the meeting 551.073 (Deliberations about Gifts and by mail, telephone, or RELAY Texas (1-800- Donations), 551.074 (Personnel Matters), 735-2989) 551.076 (Deliberations about Security Contact: Betty Conde at 806-872-4322 Devices) and 551.087 (Economic Development). 601 South First Street, Lamesa, Texas 79331 PUBLIG PARTICIPATION Telephone - (806) 872-4322 The meeting will be held pursuant to the D Fax - (806) 872-4338 provisions of the Texas Open Meetings Act (Govt. Code, Chapter 551). Discussion and actions are limited to the agenda items listed above. Persons desiring to address the City Council or express their opinion about a particular item on this agenda should notify the City Secretary before the meeting. Persons desiring to present other business or discuss matters not on this agenda should submit a request in writing to the City Secretary by the end of business hours on the Wednesday before the next meeting to be considered for inclusion on that agenda. CERTIFICATION OF NOTIGE certify this agenda was posted at the City Hall, 601 South First Street, Lamesa, Texas at 4:45 p.m., May 9, 2025, in accordance with Chapter LAMESATEXAS 551.041 of the Government Code. TRADE CORRIDORC CROSSING Betty Conde City Secretary City Council Agenda City of Lamesa, Texas DATE OF MEETING: MAY 13, 2025 AGENDA ITEMS: 1&2 1. CALL TO ORDER: Announcement by the Mayor. "This meeting is being held in accordance with the provisions of the Texas Open Meetings Act (Govt. Code, Chapter 551). Discussion and actions are limited to the agenda items as posted. Persons desiring to address the City Council or express their opinion about a particular item on this agenda should complete a request at this time. Persons desiring to present other business or discuss matters not on this agenda should submit a request in writing to the City Secretary 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.' 3 The following members are present: JOSH STEVENS Mayor VACANT Council Member - District 1 FRED VERA Council Member - District 2 GLORIA V. RODRIGUEZ Council Member = District 3 DANNY JACOBS Council Member - District 4 BOBBY G. GONZALES Council Member = District 5 Mayor/Pro-tem JAMES GRAYSON Council Member - District 6 City Staff members present at the meeting: JOE HINES City Manager BETTY CONDE City Secretary RUSSELL CASSELBERRY Attorney Members of the press present at the meeting: Members of the public present at the meeting: 2. INVOCATION: AND PLEDGE OF ALLEGIANCE. City Council Agenda City of Lamesa, Texas DATE OF MEETING: MAY 13, 2025 AGENDA ITEM: 3 SUBJECT: CONSENT AGENDA ITEMS PROCEEDING: Approval SUBMITTED BY: 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. a. APPROVAL OF THE MINUTES: Approval of the minutes of the council regular meeting held on April 15, 2025 COUNCIL ACTION DISCUSSION Motion by Council Member to approve Item 3a - Motion seconded by Council Member 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. If a 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 from 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 K MINUTES OF THE CITY COUNCIL REGULAR CALLED MEETING: April 15, 2025 On this the 15th day of April 2025, at 5:30 P.M., there came on and was held a regularly called meeting of the City Council of the City of Lamesa, 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 the following proceedings were had, viz.: 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 5 City Council Members were present: JOSH STEVENS Mayor Arrived late VACANT Council Member District 1 FRED VERA Council Member - District 2(ABSENT) GLORIA V. RODRIGUEZ Council Member - District 3(ABSENT) DANNY JACOBS Council Member - District 4 BOBBY G. GONZALES Council Member - District 5 Mayor Pro tem JAMES GRAYSON Council Member - District 6 City staff members present at the meeting: JOE HINES CITY MANAGER BETTY CONDE CITY SECRETARY RUSSELL CASSELBERRY CITY ATTORNEY Members of the press present at the meeting: Mary Elizabeth Members of the public present at the meeting: Wayne Chapman Robert Ramirez John Ross Brailif Quida Chase Brian Beck Larry Duyck Josh Peterson Angie Hernandez Irma Ramirez Sonia Robles Mona Ferguson Rebecca Gonzales Dionicio Garza Jr Peter Gonzales Stephanie Carden Sara Del Busto Haydin Davis Heather Adams INVOCATION: Bobby Gonzales 1. CONSENT AGENDA: All consent agenda items listed are 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 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 a. APPROVAL O THE MINUTES: Approval of the minutes of the council meeting held on March 18, 2025. b. BILLS FOR MARCH 2025: Approval of the bills paid by the City of Lamesa for the month of March 2025. Approval of the bills paid by the City of Lamesa for the month of March,2025. Motion by Council Member Danny Jacobs to approve Item 3a & b. Motion seconded by Council Member James Grayson and upon being put to a vote the motion passed. VOTING: "AYE" 5 "NAY" ABSTAIN" PROCLAMATION: Child Abuse Awareness and Prevention Month, April 2025. (City Manager) DECLARE REGULARLY SCHEDULED MEETING: City Council to declare regularly scheduled meetings for canvassing election and regular business on May 13, 2025. Motion by Council Member Bobby Gonzales to approve a scheduled meeting for canvassing elections and regular business on Tuesday, May 13, 2025. Motion seconded by Council Member Danny Jacobs and upon being put to a vote the motion passed. VOTING: "AYE" 4 "NAY" "ABSTAIN" 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 704 N Elgin Lamesa, Texas 79331 for a manufactured home. (City Inspector) Motion by Council Member Bobby Gonzales to consider approving an Ordinance on second reading approving a Specific Use Permit for the following property located at located at 704 North Elgin Lamesa, Texas, for a manufactured home owned by Rebecca Gonzales. Motion seconded by Council Member James Grayson and upon being put to a vote the motion passed. VOTING: "AYE" 4 "NAY" ABSTAIN" KEEP LAMESA BEAUTIFUL: City Council to consider approving an agreement from Keep Lamessa Beautiful to allow the KLB to place advertising on square trashcan around the square and city hall. (City Manager) Motion by Council Member Danny Jacobs to approve an agreement to allow Keep Lamesa Beautiful (KLB) to place advertising on square trashcan around the square and city hall. Motion seconded by Council Member James Grayson and upon being put to a vote the motion passed. CRMWA RESERVE FUND: City Council to consider CRMWA Reserve Fund. In the future, CRMWA would like to stop reducing our payments as debt is surrendered but rather divert these annual installments to the reserve fund.(City Manager) LAMESA MUNICIPLA AIRPORT UPDATE: John Farris to report an update on the Lamesa Municipal Airport. (John Farris) CITY STAFF REPORTS: C. POLICE CHIEF REPORT: Police Chief to report on the city's reçent events. d. FIRE CHIEF REPORT: Fire Chief to report on the city's recent events. e. UTILITIES DIRECTOR REPORT: Utilities Director to report on the city's recent events. f. LEDC/LEAP QUARTERLY REPORT: Mona Ferguson, EDC Director to present LEDC/LEAP Quarterly Report to City Council. (EDC Director) FINANCIAL REPORT: Finance Director to report on the city's finances. CITY MANAGER REPORT: City Manager to report on current activities and answer questions from the City Council. MAYOR'S REPORT: Mayor to report on future events. ADJOURNMENT: The next regularly scheduled meeting of the City Council of the City of Lamesa will be May 13, 2025, at 5:30 P.M. ATTEST: APPROVED: Betty Conde Josh Stevens City Secretary Mayor City Council Agenda City of Lamesa, Texas DATE OF MEETING: MAY 13, 2025 AGENDA ITEM: 4 DISCUSSION AND TAKE POSSIBLE ACTION TO AMEND SUBJECT: CHAPTER 12 TRAFFIC AND VEHICLES; ARTICLE 12.04, STOPPING, STANDING AND PARKING AND ARTICLE 12.05 TRUCKS PROCEEDING: Approval SUBMITTED BY: City Staff EXHIBITS: AUTHORITY: SUMMARY STATEMENT City Council to discuss Chapter 12, Traffic and Vehicles; Article 12.05 Trucks and take possible action to amend the Code of Ordinance of the City of Lamesa.(City Manager) COUNCIL ACTION DISCUSSION Motion by Council Member to amend the Code of Ordinance Chapter 12; Article 12.04 Traffic and Vehicles and Article 12.05 Trucks. Motion seconded by Council Member and upon being put to a vote the motion VOTING: "AYE" "NAY" ABSTAIN" CITY MANAGER'S MEMORANDUM Recommend approval. 5/9/25, 3:33 PM City of Lamesa, TX STOPPING, STANDING AND PARKING City of Lamesa, TX Friday, May 9, 2025 Chapter 12. Traffic and Vehicles ARTICLE 12.04. STOPPING, STANDING AND PARKING S 12.04.001. Responsibility of vehicle owner for violations. No person shall allow, suffer or permit any vehicle registered in his name, or in his possession or subject to his control, to stand or be parked in any street in the city in violation of any of the sections of this article or city ordinances regulating the standing or parking of vehicles. (1998 Code, sec. 92.041) S 12.04.002. Manner of parking. (a) Parallel parking. Except as otherwise provided in this article, every vehicle stopped or parked upon a street where there are adjacent curbs shall be sO stopped or parked SO that the right-hand wheels thereof are parallel to and within eighteen inches (18") of the right-hand curb. (b) Angle parking. The city council may, by ordinance, establish and designate areas and spaces within the city where vehicles may be parked at an angle of no more than forty-five (45) degrees from the curb. Upon leaving such parking spaces, vehicles shall not be operated in any manner SO as to unnecessarily obstruct traffic on the street. (1998 Code, sec. 92.042) S 12.04.003. Parking longer than twenty-four hours. It shall be unlawful for any person to park any vehicle in any street or alley in the city for a longer period than twenty-four (24) hours. (1998 Code, sec. 92.043(a)) S 12.04.004. Time limit zones. When signs are erected or curbs painted giving notice thereof, no person shall park a vehicle for more than the indicated period or length of time upon any of the streets or sides of streets or portions thereof hereafter enumerated: Street Extent Side Time South 1st Street From Bryan Avenue to Avenue K North 5 minutes (1998 Code, sec. 92.043(b)) pslecasocompamwA6807u-3867223 1/4 5/9/25, 3:33 PM City of Lamesa, TX STOPPING, STANDING. AND PARKING S 12.04.005. Stopping, standing or parking prohibited in specified places. (a) No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or directions of a police officer or traffic-control device, in any of the following places: (1) On a sidewalk; (2) In front of a public or private driveway; (3) Within an intersection; (4) Within fifteen feet (15') of a fire hydrant; (5) On a crosswalk; (6) Within twenty feet (20') of a crosswalk at an intersection; (7) Within thirty feet (30') upon the approach to any flashing beacon, stop sign, or traffic-control signal located at the side of the roadway; (8) Between a safety zone and the adjacent curb or within thirty feet (30') of points on the curb immediately opposite the ends of a safety zone, unless the traffic authority indicates a different length by signs or markings; (9) Within fifty feet (50') of the nearest rail of a railroad crossing; (10) Within twenty feet (20') of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet (75') of said entrance when properly signposted; (11) Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic; (12) On the roadway side of any vehicle stopped or parked [at an] angle or parallel at the edge or curb of a street; (13) Upon any bridge or other elevated structure upon a highway; (14) At any place where official signs prohibit stopping; (15) In any alley. (b) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful. (1998 Code, sec. 92.044) S 12.04.006. Parking near fire hydrant. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or directions of a police officer or traffic-control device, within fifteen feet (15') of a fire hydrant. (1998 Code, sec. 82.004) S 12.04.007. No parking zones. mapsleaasocompinvie722 2/4 5/9/25, 3:33 PM City of Lamesa, TX STOPPING, STANDING, AND PARKING When signs are erected or curbs painted giving notice thereof, no person shall park a vehicle at any time, unless otherwise provided, upon any of the streets or sides of streets or portions thereof hereafter enumerated: Street Extent Side Lubbock Road Portions within city limits north of North 10th Street Both Lynn Street Between South 13th Street and North 10th Street Both North 1st Street Between Akron Avenue and Canyon Avenue North North 1st Street From Dallas Avenue to a point 100 feet west thereof; provided, South however, that this shall not prohibit the parking or stopping of an emergency vehicle or the vehicle of a person responding to an emergency North 1st Street From Avenue F to a point 32 feet east thereof South North 4th Street Between the west side of North Lynn Avenue and the east side Both of North Avenue I - North 4th Street (U.S. East from the centerline of Bryan Avenue (State Highway 137) Both 180) approximately 491 feet to a point 50 feet from east of center- line of North Avenue 1 North 15th Street From North Houston Avenue to a point 450 feet east thereof, Both between the hours of 8 a.m. to 4 p.m., Monday through Friday North 22nd Street Between the east side of Bryan Avenue and the west side of Both Lubbock Road North Avenue G From North 10th Street to the alley between North 10th and East North 11th Streets North Bryan Avenue From South 1st to North 1st Streets Both North Bryan Avenue From North 2nd Street to North 7th Street Both North Bryan Avenue Between the north side of North 21st Street and the south side East of North 22nd Street North Dallas Avenue Between the north side of North 3rd Street and the south side Both of North 5th Street North Houston Avenue From North 14th Street to North 17th Street, between the Both hours of 8 a.m. to 4 p.m., Monday through Friday North Lynn Street Portions within city limits north of North 10th Street Both North Lynn Street Between the north side of North 3rd Street and the south side Both of North 5th Street North Main Between the north side of North Fourth Street and the south Both side of North Fourteenth Street Seminole Road (U.S. From the centerline of Bryan Avenue (State Highway 137) 410 North 180) feet west to a point Seminole Road (U.S. From the centerline of Bryan Avenue (State Highway 137) 420 South 180) feet west to a point (1998 Code, sec. 92.045) S 12.04.008. Parking of large vehicles and vehicles with trailers on Dallas Avenue. mpslecasocompmua887.8-3987223 3/4 5/9/25, 3:33 PM City of Lamesa, TX STOPPING, STANDING AND PARKING Any vehicle which has an overall length of nineteen feet (19') or more or any vehicle having a trailer attached, not in the process of loading or unloading, is prohibited from parking on Dallas Avenue between North Second Street and South Second Street at any time day or night on any day of the week. (1998 Code, sec. 92.046) S 12.04.009. Parking for purpose of exhibiting vehicle for sale. It shall be unlawful for any person, persons, firm, corporation, partnership or association to park automobiles, trucks or other motor vehicles on or around the courthouse square or on the streets around the public square, or on the streets or sidewalks within one block of the courthouse square, for the purpose of exhibiting the same for sale; provided, however, that this section shall not prohibit the parking of one car for such purpose by the owner thereof. (1998 Code, sec. 92.047) S 12.04.010. Loading zones. (a) Designation. Loading zones for handling of passengers and heavy or bulky merchandise, supplies, and materials shall be designated by the city manager, laid out and designated by orange colored lines or marks on the surface of the street and/or curb, with the words "loading zone" painted thereon. No parking meter shall be installed in or adjacent to a loading zone. (b) Use generally. The use of loading zones for the loading and unloading of goods, wares, merchandise, etc., shall be for handling of heavy or bulky merchandise, supplies and materials. (c) Time limit for use. It shall be unlawful for any operator of a vehicle to stop or permit any vehicle in his possession or under his control to be or to remain in any loading zone either for the purpose of loading and/or unloading passengers for a period of time longer than two (2) minutes, or for the purpose of loading and/or unloading merchandise, supplies and materials for a longer period of time than necessary to expeditiously load and/or unload such merchandise, supplies, and materials, and to give or secure a delivery receipt therefor. (d) Hours when applicable. The provisions of this section shall apply on all days and at all hours; except that the city manager is authorized to cause to be painted on the curb and/or adjacent street surface of any loading zone the words: Loading Zone. Reserved a.m. to p.m. and insert therein the numbers indicating the hours SO reserved. Then such regulations shall apply to such loading zone during such reserved hours only, and then only SO long as the figures, etc., indicating the hours of reservation are legible. (1998 Code, sec. 92.048) psleaOcompiuA68oaus-3867223 4/4 5/9/25, 3:33 PM City of Lamesa, TX TRUCKS City ofLamesa, TX Friday, May 9, 2025 Chapter 12. Traffic and Vehicles ARTICLE 12.05. TRUCKS S 12.05.001. Trucks restricted from certain streets. Except for making deliveries to a business, residence or school situated thereon or for going to or from the place where such vehicles are kept or stationed by the owners thereof, all trucks with a capacity of more than one (1) ton are prohibited from and shall not use the following described streets or portions of streets: Street Extent Avenue S Between Seminole Highway (U.S. Highway 180) and South First Street Avenue V Between Seminole Highway and South Eighth Street Chicago Drive Between North 19th and North 22nd Streets Houston Avenue Between the south city limits and North Fourth Street North 14th Street Between Dallas and Bryan Avenues North 16th Street Between Bryan Avenue and the alley west of North Avenue I South First Street Between Avenue V and Dallas Avenue South Sixth Street Between Bryan Avenue and Dallas Avenue South Eighth Street Between Bryan Avenue and Avenue V County Road L Between Highway 87 and Highway 349 (1998 Code, sec. 92.066; Ordinance 0-29-23 adopted 12/19/2023) S 12.05.002. Parking trucks containing hazardous materials in residential areas. (a) Prohibited. It shall be unlawful for any person to allow, suffer or permit any truck which is in his possession or subject to his control or which is registered in his name under the motor vehicle registration laws of the state or any other jurisdiction, and which contains a cargo of hazardous materials as defined in this section, to stand or be parked in any street, alley, public right-of-way or private property in a residential area of the city. (b) Definitions. As used in this section: Hazardous material. (1) For the purposes of this section, hazardous material shall mean a substance or material which has been determined by the United States Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been sO designated. The term includes hazardous substances, pasleassDomprnua9u6-38872457 1/3 5/9/25, 3:33 PM City of Lamesa, TX TRUCKS hazardous wastes, marine pollutants, and elevated temperature materials as defined in title 49 of the United States Code of Federal Regulations (49 CFR), materials designated as hazardous under the provisions of 49 CFR 172.101, and materials that meet the defining criteria for hazard classes and divisions in 49 CFR 173. For the purposes of this section the term includes petroleum, crude oil, natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel. It shall include the following: 49 CFR Reference for Class No. Name of Class or Division Definitions 1 Explosives with a mass explosion 173.50 hazard 1 Explosives with a projection hazard 173.50 1 Explosives with oredominately a fire 173.50 hazard 1 Explosives with no significant blast 173.50 hazard 1 Very insensitive explosives; blasting 173.50 agents 1 Extremely insensitive detonating 173.50 substances 2 Flammable gas 173.115 2 Nonflammable compressed gas 173.115 2 Poisonous gas 173.115 3 Flammable and combustible liquid 173.120 4 Flammable solid 173.124 4 Spontaneously combustible material 173.124 4 Dangerous when wet material 173.124 5 Oxidizer 173.127 5 Organic peroxide 173.128 6 Poisonous materials 173.132 6 infectious substance (etiologic agent) 173.134 7 Radioactive material 173.403 8 Corrosive material 173.136 9 Miscellaneous hazardous material 173.140 (2) This section does not apply to the following: (A) Flammable liquids in the fuel tanks of a motor vehicle, boat, or portable or stationary engine. (B) Flammable or combustible paints, oils, varnishes, and similar mixtures used for painting or maintenance. Residential area. Any parcel of property located in any of the districts set forth in article 14.03 of this code as zoning districts R-1 (single-family residential), R-2 (multifamily residential) or R-3 (mobile homes), and shall include the right-of-way of any street or alley which abuts any parcel of property within such district. Truck. Any motor vehicle, including a trailer, designed, maintained or used primarily for the transportation of property. mpsleocascempinvi7Au-38672457 2/3 5/9/25, 3:33 PM City of Lamesa, TX TRUCKS (1998 Code, sec. 92.049) 3/3 psleeassocomprinu283079.8-38672457 5 1204.001Responsiblny of vehicle owner for violations. No person shall allow, suffer or permit any vehicle registered in his name, or in his possession or subject to his control, to stand or be parked in any street in the city in violation of any of the sections of this article or city ordinances regulating the standing or parking of vehicles. (1998 Code, sec. 92.041) S 12.04.002Manner of parking. (a) Parallel parking. Except as otherwise provided in this article, every vehicle stopped or parked upon a street where there are adjacent curbs shall be SO stopped or parked SO that the right-hand wheels thereof are parallel to and within eighteen inches (18") of the right-hand curb. (b) Angle parking. The city council may, by ordinance, establish and designate areas and spaces within the city where vehicles may be parked at an angle of no more than forty-five (45) degrees from the curb. Upon leaving such parking spaces, vehicles shall not be operated in any manner SO as to unnecessarily obstruct traffic on the street. (1998 Code, sec. 92.042) 5 12.04.003Parking longer than twenty-four hours. It shall be unlawful for any person to park any vehicle in any street or alley in the city for a longer period than twenty-four (24) hours. (1998 Code, sec. 92.043(a)) 5 12.04.004Time limit zones. When signs are erected or curbs painted giving notice thereof, no person shall park a vehicle for more than the indicated period or length of time upon any of the streets or sides of streets or portions thereof hereafter enumerated: Street Street Extent Side Time South 1st Street From Bryan Avenue to Avenue K North 51 minutes (1998 Code, sec. 92.043(b)) 5 12.04.005Stopping, standing or parking prohibited in specified places. (a) No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or directions of a police officer or traffic-control device, in any of the following places: (1) On a sidewalk; (2) In front of a public or private driveway; (3) Within an intersection; (4) Within fifteen feet (15') of a fire hydrant; (5) On a crosswalk; (6) Within twenty feet (20') of a crosswalk at an intersection; (7) Within thirty feet (30') upon the approach to any flashing beacon, stop sign, or traffic-control signal located at the side of the roadway; (8) Between a safety zone and the adjacent curb or within thirty feet (30') of points on the curb immediately opposite the ends of a safety zone, unless the traffic authority indicates a different length by signs or markings; (9) Within fifty feet (50') of the nearest rail of a railroad crossing; (10) Within twenty feet (20') of the driveway entrançe to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet (75') of said entrance when properly signposted; (11). Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic; (12) On the roadway side of any vehicle stopped or parked [at an] angle or parallel at the edge or curb of a street; (13) Upon any bridge or other elevated structure upon a highway; (14) At any place where official signs prohibit stopping; (15) In any alley. (b) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful. (1998 Code, sec. 92.044) S 12.04.006Parking near fire hydrant. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or directions of a police officer or traffic-control device, within fifteen feet (15') ofa a fire hydrant. (1998 Code, sec. 82.004) 5 12.04.007 No parking zones. When signs are erected or curbs painted giving notice thereof, no person shall park a vehicle at any time, unless otherwise provided, upon any of the streets or sides of streets or portions thereof hereafter enumerated: Street Extent Side Lubbock Road Portions within city limits north of North 10th Street Both Lynn Street Between South 13th Street and North 10th Street Both North 1st Street Between Akron Avenue and Canyon Avenue North North 1st Street From Dallas Avenue to a point 100 feet west thereof; South provided, however, that this shall not prohibit the parking or stopping of an emergency vehicle or the vehicle of a person responding to an emergency North 1st Street From Avenue F to a point 32 feet east thereof South North 4th Street Between the west side of North Lynn Avenue and the east Both side of North Avenue I North 4th Street East from the centerline of Bryan Avenue (State Highway 137) Both (U.S. 180) approximately 491 feet to a point 50 feet from east of centerline of North Avenue I North 15th Street From North Houston Avenue to a point 450 feet east thereof, Both between the hours of 8 a.m. to 4 p.m., Monday through Friday North 22nd Between the east side of Bryan Avenue and the west side of Both Street Lubbock Road North Avenue G From North 10th Street to the alley between North 10th and East North 11th Streets North Bryan From South 1st to North 1st Streets Both Avenue North Bryan From North 2nd Street to North 7th Street Both Avenue North Bryan Between the north side of North 21st Street and the south East Avenue side of North 22nd Street Street Extent Side North Dallas Between the north side of North 3rd Street and the south side Both Avenue of North 5th Street North Houston From North 14th Street to North 17th Street, between the Both Avenue hours of 8 a.m. to 4 p.m., Monday through Friday North Lynn Street Portions within city limits north of North 10th Street Both North Lynn Street Between the north side of North 3rd Street and the south side Both of North 5th Street North Main Between the north side of North Fourth Street and the south Both side of North Fourteenth Street Seminole Road From the centerline of Bryan Avenue (State Highway 137) 410 North (U.S. 180) feet west to a point Seminole Road From the centerline of Bryan Avenue (State Highway 137) 420 South (U.S. 180) feet west to a point (1998 Code, sec. 92.045) 5 12.04.008 Parking of large vehicles and vehicles with trailers on Dallas Avenue. Any vehicle which has an overall length of nineteen feet (19') or more or any vehicle having a trailer attached, not in the process of loading or unloading, is prohibited from parking on Dallas Avenue between North Second Street and South Second Street at any time day or night on any day of the week. (1998 Code, sec. 92.046) 5 12.04.009Parking for purpose of exhibiting vehicle for sale. It shall be unlawful for any person, persons, firm, corporation, partnership or association to park automobiles, trucks or other motor vehicles on or around the courthouse square or on the streets around the public square, or on the streets or sidewalks within one block of the courthouse square, for the purpose of exhibiting the same for sale; provided, however, that this section shall not prohibit the parking of one car for such purpose by the owner thereof. (1998 Code, sec. 92.047) $ 12.04.010Loading zones. (a) Designation. Loading zones for handling of passengers and heavy or bulky merchandise, supplies, and materials shall be designated by the city manager, laid out and designated by orange-colored lines or marks on the surface of the street and/or curb, with the words "loading zone" painted thereon. No parking meter shall be installed in or adjacent to a loading zone. (b) Use generally. The use of loading zones for the loading and unloading of goods, wares, merchandise, etc., shall be for handling of heavy or bulky merchandise, supplies and materials. (c) Time limit for use. It shall be unlawful for any operator of a vehicle to stop or permit any vehicle in his possession or under his control to be or to remain in any loading zone either for the purpose of loading and/or unloading passengers for a period of time longer than two (2) minutes, or for the purpose of loading and/or unloading merchandise, supplies and materials for a longer period of time than necessary to expeditiously load and/or unload such merchandise, supplies, and materials, and to give or secure a delivery receipt therefor. (d) Hours when applicable. The provisions of this section shall apply on all days and at all hours; except that the city manager is authorized to cause to be painted on the curb and/or adjacent street surface of any loading zone the words: "Loading Zone. Reserved a.m. to p.m." and insert therein the numbers indicating the hours SO reserved. Then such regulations shall apply to such loading zone during such reserved hours only, and then only SO long as the figures, etc., indicating the hours of reservation are legible. (1998 Code, sec. 92.048) S 12.04.009 Parking for purpose of exhibiting vehicle for 5 12.05.002 Parking trucks containing hazardous materials in residential areas. (a) Prohibited. It shall be unlawful for any person to allow, suffer or permit any truck which is in his possession or subject to his control or which is registered in his name under the motor vehicle registration laws of the state or any other jurisdiction, and which contains a cargo of hazardous materials as defined in this section, to stand or be parked in any street, alley, public right-of-way or private property in a residential area of the city. (b) Definitions. As used in this section: Hazardous material. (1) For the purposes of this section, hazardous material shall mean a substance or material which has been determined by the United States Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been SO designated. The term includes hazardous substances, hazardous wastes, marine pollutants, and elevated temperature materials as defined in title 49 oft the United States Code of Federal Regulations (49 CFR), materials designated as hazardous under the provisions of 49 CFR 172.101, and materials that meet the defining criteria for hazard classes and divisions in 49 CFR 173. For the purposes of this section the term includes petroleum, crude oil, natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel. It shall include the following: 49 CFR Reference for Class No. Name of Class or Division Definitions 1 Explosives with a mass explosion hazard 173.50 1 Explosives with a projection hazard 173.50 1 Explosives with predominately a fire hazard 173.50 1 Explosives with no significant blast hazard 173.50 1 Very insensitive explosives; blasting agents 173.50 1 Extremely insensitive detonating substances 173.50 2 Flammable gas 173.115 2 Nonflammable compressed gas 173.115 2 Poisonous gas 173.115 3 Flammable and combustible liquid 173.120 4 Flammable solid 173.124 4 Spontaneously combustible material 173.124 4 Dangerous when wet material 173.124 5 Oxidizer 173.127 5 Organic peroxide 173.128 6 Poisonous materials 173.132 6 Infectious substance (etiologic agent) 173.134 7 Radioactive material 173.403 8 Corrosive material 173.136 9 Miscellaneous hazardous material 173.140 (2) This section does not apply to the following: (A) Flammable liquids in the fuel tanks of a motor vehicle, boat, or portable or stationary engine. (B) Flammable or combustible paints, oils, varnishes, and similar mixtures used for painting or maintenance. Residential area. Any parcel of property located in any of the districts set forth in article 14.03 of this code as zoning districts R-1 single-family residential), R-2 (multifamily residential) or R-3 (mobile homes), and shall include the right-of-way of any street or alley which abuts any parcel of property within such district. Truck. Any motor vehicle, including a trailer, designed, maintained or used primarily fori the transportation of property. (1998 Code, sec. 92.049) City Council Agenda City of Lamesa, Texas DATE OF MEETING: MAY 13, 2025 AGENDA ITEM: 5 A RESOLUTION TO ENTER A MULTIPLE USE AGREEMENT SUBJECT: WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) TO PERMIT THE INSTALLATION AND OPERATION OF AUTOMATED LICENSE PLATE RECOGNITION PROCEEDING: Approval SUBMITTED BY: City Staff EXHIBITS: AUTHORITY: SUMMARY STATEMENT City Council to consider authorizing a multiple use agreement with TxDot to permit the installation and operation of automated license plate recognition cameras within TX-137 and North 22nd Street South Bound;-137 and North 22nd Street North Bound; Seminole Road and Weaver Road East Bound ; TX-137 and South Houston Avenue North Bound; South Dallas Avenue and S Elgin Avenue North Bound; Lubbock Highway and Norh 27th Street South Bound.(Chief Josh Peterson) COUNCIL ACTION DISCUSSION Motion by Council Member to authorize a multiple use agreement with TxDot to permit the installation and operation of automated license plate recognition cameras within TX-137 and North 22nd Street South Bound; TX -137 and North 22nd Street North Bound; Seminole Road and Weaver Road East Bound ; TX-137 and South Houston Avenue North Bound; South Dallas Avenue and S Elgin Avenue North Bound; Lubbock Highway and Norh 27th Street South Bound Motion seconded by Council Member and upon being put to a vote the motion VOTING: "AYE" "NAY" "ABSTAIN" CITY MANAGER'S MEMORANDUM Recommend approval. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF LAMESA, TEXAS, AUTHORIZING THE MAYOR OF LAMESA, TEXAS, OR HIS DESIGNEE, TO ENTER INTO A MULTIPLE-USE AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION TO PERMIT THE INSTALLATION AND OPERATION OF AUTOMATED LICENSE PLATE RECOGNITION CAMERAS WITHIN TX-137 AND NORTH 22ND STREET SOUTH BOUND; TX-137 AND NORTH 22ND STREET NORTH BOUND; SEMINOLE ROAD AND WEAVER ROAD EAST BOUND; TX-137 AND SOUTH HOUSTON AVENUE NORTH BOUND; SOUTH DALLAS AVENUE AND S ELGIN AVENUE NORTH BOUND; LUBBOCK HIGHWAY AND NORTH 27TH STREET SOUTH BOUND. WHEREAS, the City Council of Lamesa, Texas, has requested that the Texas Department of Transportation (TXDOT) permit the installation and operation of automated license plate recognition cameras on TX-137 and North 22nd Street south bound; TX-137 and North 22nd Street north bound; Seminole Road and Weaver Road east bound; TX-137 and South Houston Avenue north bound; South Dallas Avenue and S Elgin Avenue north bound; Lubbock Highway and North 27th Street south bound; and WHEREAS, the City Council of Lamesa, Texas, authorizes the execution of a Multiple Use Agreement with IXDOT for the purposes provided above; and WHEREAS, the City Council ofLamesa, Texas, finds it to be in the public interest to authorize the Mayor of Lamesa, Texas, or his designee, to sign the document referenced above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAMESA, TEXAS: Section 1. THAT the City Council of Lamesa, Texas, authorizes the Mayor of Lamesa, Texas 9 or his designee, to enter into a Multiple Use Agreement with TXDOT, which will permit the installation of automated icense plate recognition cameras on TX-137 and North 22nd Street south bound; TX-137 and North 22nd Street north bound; Seminole Road and Weaver Road east bound; TX-137 and South Houston Avenue north bound; South Dallas Avenue and S Elgin Avenue north bound; Lubbock Highway and North 27th Street south bound. AND IT IS SO RESOLVED. PASSED AND APPROVED this day of 2025. Josh Stevens, Mayor Vacant, City Councilmember Fred Vera, City Councilmember District 1 District 2 Gloria V. Rodriguez, City Councilmember Danny Jacobs, City Councilmember District 3 District 4 Bobby Gonzales, City Councilmember James H. Grayson, City Councilmember District 5 District 6 ATTEST: APPROVED AS TO FORM: Betty Conde, Russelll Casselberry, City Secretary City Attorney Form 2044 (Rev. 8/21) MULTIPLE USE AGREEMENT Page 1 of 10 STATE OF TEXAS S COUNTY OF TRAVIS S THIS AGREEMENT made by the State of Texas by and between the Texas Department of Transportation, hereinafter referred to as "State", , party of the first part, and City of Lamesa Police Department hereinafter called City of Lamesa party of the second part, is to become effective when fully executed by both parties. WITNESSETH WHEREAS, on the day day of month of the year 20 XX the goveming body for the City of Lamesa entered into Resolution/Ordinance No. Ordinance hereinafter identified by reference, authorizing the City of Lamesa 's participation in this agreement with the State; and WHEREAS, the City of Lamesa has requested the State to permit the construction, maintenance and operation of a public license plate readers on the highway right of way, (ROADWAY Various CONTROL SECTION NO. Various ). (General description of area including either the control number or GPS coordinates.) shown graphically by the preliminary conceptual site plan in Exhibit "A" and being more specifically described by metes and bounds of Exhibit "B", which are attached and made a part hereof; and WHEREAS, the State has indicated its willingness to approve the establishment of such facilities and other uses conditioned that the City of Lamesa will enter into agreements with the State for the purpose of determining the respective responsibilities of the City of Lamesa and the State with reference thereto, and conditioned that such uses are in the public interest and will not damage the highway facilities, impair safety, impede maintenance or in any way restrict the operation of the highway facility, all as determined from engineering and traffic investigations conducted by the State. Form 2044 (Rev. 8/21) Page 20 of 10 AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: 1. DESIGN AND CONSTRUCTION City of Lamesa will prepare or provide fort the construction plans for the facility, and will provide fort the construction work as required by said plans at no cost to the State. Said plans shall include the design of the access control, necessary horizontal and vertical clearances for highway structures, adequate landscape treatment, adequate detail to ensure compliance with applicable structural design standards, sufficient traffic control provisions, and general layout. They shall also delineate and define the construction responsibilities of both parties hereto. Completed plans will be submitted to State for review and approval and when approved shall be attached to the agreement and made a part thereof in all respects. Construction shall not commence until plans have been approved by the State. Any future revisions or additions shall be made after prior written approval of the State. Any sidewalks, curb ramps and other pedestrian elements to be constructed, either on site or off site, by the City of Lamesa shall be in accordance with the requirements of Title Il of the Americans With Disabilities Act (ADA) and with the Texas Accessibility Standards (TAS). Elements constructed by the City of Lamesa and found nott to comply with ADA or TAS shall be corrected at the entire expense of the- City of Lamesa 2. INSPECTION Ingress and egress shall be allowed at all times to such facility for Federal Highway Administration personnel and State Forces and equipment when highway maintenance operations are necessary, and fori inspection purposes; and upon request, all parking or other activities for periods required for such operations will bep prohibited. 3. PARKING REGULATIONS Parking regulations shall be established limiting parking to single unit motor vehicles of size and capacity no greater than prescribed for 112 ton trucks, such vehicles to conform in size and use to goveming laws. Parking shall be permitted only in marked spaces. Parking shall be prohibited when a security threat, as determined by TxDOT, exists. Form 2044 (Rev. 8/21) Page 3of 10 4. PROHBITIONSIGNS Regulations shall be established prohibiting the parking of vehicles transporting flammable or explosive loads and prohibiting use ofthe area in any manner for peddling, advertising or other purposes noti in keeping with the objective of a public facility. The erection of signs other than those required for proper use of the area will be prohibited. All signs shall be approved by the State prior to the actual erection. 5. RESPONSIBILITIES Timely maintenance, repair and operation of the facility shall be entirely the responsibility oft the City of Lamesa Such responsibilty shall not be transferred, assigned or conveyed to at third party without the advanced written approval of the State. These responsibilties expressly include the timely maintenance and repair of any portion oft the facility necessary to comply with the Americans with Disabilities Act. Further, such responsibility shall include picking up trash, mowing and otherwise keeping the facility in a clean and sanitary condition, and surveillance by police patrol to eliminate the possible creation of a nuisance or hazard to the public. Hazardous or unreasonably objectionable smoke, fumes, vapor or odors shall not be permitted to rise above the grade line of the highway, nor shall the facility subject thel highway to hazardous or unreasonably objectionable dripping, droppings or discharge ofany kind, including rain or snow. If the State determines that City of Lamesa has failed to comply with these responsibilties, it will perform ther necessary work and charge City of Lamesa the actual cost of the work. 6. FEES Any fees levied for use of the facilities in the area shall be nominal and no more than are sufficient to defray the cost of construction, maintenance and operations thereof, and shall be subject to State approval. A. Retention Period. The City of Lamesa shall maintain all books, documents, papers, accounting records and other evidence pertaining to fees collected and costs (hereinafter called the Records). The City of Lamesa shall make the records available during the term of the. Agreement and for foury years from the date the Agreement is terminated, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. B. Audit Report. If fees are collected by the City of Lamesa for the use of the facility under this agreement, the City of Lamesa will provide the State an annual audit report detailing the fees collected for the use of the facility and the costs associated with constructing, maintaining, and operating the facility within the same period. If the report shows more fees collected than expenses for the construction, operation, or maintenance of the facility the City of Lamesa must provide a multiple year plan detailing how the additional revenue will be used for construction, operation, or maintenance of thei facility. Form 2044 (Rev. 8/21) Page 4 of 10 C. Availability. The State or any of its duly authorized representatives, the Federal Highway Administration, the United States Department of Transportation, Office of Inspector General, and the Comptroller General shall have access to the City of Lamesa 's records that are directly pertinent to this Agreement for the purpose of making audits and examinations. 7. TERMINATION UPON NOTICE This provision is expressly made subject to the rights herein granted to both parties to terminate this agreement upon notice, and upon the exercise of any such right by either party, all obligations herein to make improvements to said facility shall immediately cease and terminate and City of Lamesa shall be responsible fori the facility's timely removal at no cost toi the State. If the State determines that City of Lamesa has failed to timely remove the facility, it will perform the necessary work and charge City of Lamesa the actual cost of the work. 8. MODIFICATIONITRMINATION OF AGREEMENT If in the sole judgment of the State it is found at any future time that traffic conditions have so changed that the existence or use of the facility is impeding maintenance, damaging the highway facility, impairing safety or that the facility is not being properly operated, that it constitutes a nuisance, is abandoned, ori if for any other reason it is the State'sj judgment that such facility is not in thej public interest, this agreement under which the facility was constructed may be: (1) modified if corrective measures acceptable to both parties can be applied to eliminate the objectionable features of the facility; or (2) terminated and the use of the area as proposed herein discontinued. 9. PROHIBITION OF STORAGE OF FLAMMABLE MATERIALS All structures located or constructed within the area covered by the agreement shall be fire resistant. The storage of flammable, explosive or hazardous materials is prohibited. Operations deemed to be ap potential firel hazard shall be subject to regulation by the! State. 10. RESTORATION OF AREA The City of Lamesa shall provide written notification to the State that such facility willl be discontinued fort the purpose defined herein. The City of Lamesa shall, within thirty (30) days from the date of said notification, clear the area of all facilities that were its construction responsibiity under this agreement and restore the area to a condition satisfactory to the State. 11. PREVIOUS AGREEMENTS Iti is understood that this agreement in no way modifies or supersedes the terms and provisions ofa any existing agreements between the parties hereto. Form 2044 (Rev. 8/21) Page 5 of 10 12. INDEMNIFICATION THE City of Lamesa WILL INDEMNIFY THE STATE AGAINST ANY AND ALL DAMAGES AND CLAIMS FOR DAMAGES, INCLUDING THOSE RESULTING FROM INJURY OR DEATH OF PERSONS OR FOR LOSS OF OR DAMAGE TO PROPERTY, ARISING OUT OF, INCIDENT TO OR IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, OPERATION OR MAINTENANCE OF THE FACILITY, WHICH INDEMNIFICATION SHALL EXTEND TO AND INCLUDE ANY AND ALL COURT COSTS, ATTORNEY'S FEES AND EXPENSES RELATED TO OR CONNECTED WITHANY CLAIMS OR SUITS FOR DAMAGES AND SHALL, IF REQUESTED IN WRITING BY THE STATE TO DO SO, ASSIST THE STATE OR RELIEVE THE STATE FROM DEFENDING ANY SUCH SUITS BROUGHT AGAINST IT. THE INDEMNIFICATION OF THE STATE SHALL EXTEND FOR A PERIOD OF TWO (2) YEARS BEYOND THE DATE OF TERMINATION OF THIS AGREEMENT. DURING EACH YEAR WHILE THERE IS ANY LIABILITY BY REASON OF THE AGREEMENT CONTAINED IN THIS SUBSECTION OF THIS RESOLUTION, INCLUDING THE CALENDAR YEAR 2025 THE City of Lamesa (CITY) SHALL COMPUTE AND ASCERTAIN THE RATE AND AMOUNT OF AD VALOREM TAX, BASED ON THE LATEST APPROVED TAX ROLLS OF SAID ENTITY, WITH FULL ALLOWANCES BEING MADE FOR TAX DELINQUENCIES AND COSTS OF TAX COLLECTION, WHICH WILL BE SUFFICIENT TO RAISE AND PRODUCE THE MONEY REQUIRED TO PAY ANY SUMS WHICH MAY BE OR BECOME DUE DURING ANY SUCH YEAR, IN NO INSTANCE TO BE LESS THAN TWO (2%) PER CENT OF SUCH OBLIGATION, TOGETHER WITH INTEREST THEREON, BECAUSE OF THE OBLIGATION HEREIN ASSUMED. SAID RATE AND AMOUNT OF AD VALOREM TAX IS HEREBY ORDERED TO BE LEVIED AND IS HEREBY LEVIED AGAINST ALL TAXABLE PROPERTY IN SAID ENTITY FOR EACH YEAR WHILE ANY LIABILITY EXISTS BY REASON OF THE OBLIGATION UNDERTAKEN BY THIS SUBSECTION OF THIS RESOLUTION, AND SAID AD VALOREM TAX SHALL BE ASSESSED AND COLLECTED EACH SUCH YEAR UNTIL ALL OF THE OBLIGATIONS HEREIN INCURRED SHALL HAVE BEEN DISCHARGED AND ALL LIABILITY HEREUNDER DISCHARGED. No party to this agreement intends to waive, relinquish, limit or condition its general governmental immunity from liability in any way. Each party agrees and acknowledges that it is not an agent, servant, or employee of the other party and that under this provision each party is responsible only for its own acts and for those of its agents, servants, independent contractors or employees. Such responsibility includes, but is not Form: 2044 (Rev. 8/21) Page 60 of 10 limited to any claims or amounts arising or recovered under the "Workers Compensation Law," the Texas Tort Claims Act, Chapter 101, Texas Civil Practice and Remedies Code; or any other applicable laws or regulations, all as time to time may be amended. Nothing in this agreement shall be construed as creating any liability in favor of any third party against the State and the City of Lamesa Additionally, this agreement shall not ever be construed as relieving any third party from any liability againstt tthe State. Furthermore, the City of Lamesa shall become fully subrogated to the State's rights of recovery and shall be entitled to maintain any action over and against any third party who may be liablet for damages. The State agrees to execute and deliver instruments and papers and to otherwise do that which is necessary to secure such rights. 13. INSURANCE The City of Lamesa shall provide necessary safeguards to protect the public on State maintained highways including adequate insurance for payment of any damages which might result during the construction, maintenance, repair and operation of thet facility. City of Lamesa shall include TxDOT as an additional insured by endorsement in City of Lamesa 's commercial general liability insurance policy. Prior to beginning work on the State's right of way, the City of Lamesa 's construction contractor shall submit to the State a completed insurance form (TXDOT Form No. 1560) or appropriate certificate of self-insurance and shall maintain the required coverage during the construction of thet facility. 14. USE OF RIGHT OF WAY Iti is understood that the State by execution of this agreement does not impair or relinquish the State's right to use such land for highway purposes when it is required fori the construction or re-construction of the traffict facility for which it was acquired, nor shall use of thel land under such agreement ever be construed as abandonment by the State of suchl land acquired for highway purposes, and the State does not purport to grant any interesti in the land described herein but merely consents to such use to the extent its authority and title permits. 15. ADDITIONAL CONSENT REQUIRED The State asserts only that it has sufficient title for highway purposes. The City of Lamesa shall be responsiblefor obtaining such additional consent, permits or agreement as may be necessary due to this agreement. This includes, but is not limited to, appropriate permits and clearances for environmental, ADA and public utilities. 16. FHWA ADDITIONAL REQUIREMENTS If the Facility is located on the Federal-Aid Highway System, ATTACHMENT A", which states additional requirements as set forth in the Federal Highway Administration's Title 23, Code of Federal Regulations, S 710, shall be attached to and become a part of this agreement. Form 2044 (Rev. 8/21) Page 7 of 10 17.CIVIL RIGHTS ASSURANCES The, City of Lamesa fori itself, its personal representatives, successors and interests and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no persons, on the grounds of race, color, sex, age, national origin, religion or disabling condition, shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facility; (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, age, national origin, religion or disabling condition, shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (3) that the City of Lamesa shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-Assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That if in the event of any breach of the above non-discrimination covenants, the State shall have the right to terminate the agreement and reenter and repossess said land and the facilities thereon, and hold the same as if said agreement had never been made orissued. 18. AMENDMENTS Any changes in the time frame, character or responsibilities of the parties hereto shall be enacted by a written amendment executed by both parties hereto. 19. LEGAL CONSTRUCTION In case one or more of the orovisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceabiity shall not affect any provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this agreement 20. AUDIT The State may conduct an audit or investigation of any aspect of this agreement. The City of Lamesa must provide the State with access to any information the State considers relevant to the investigation or audit. The audit can include, but is not limited to, any contract for construction or maintenance of any facility or structure authorized by this agreement or any contract to provide a service to the City of Lamesa if that service is authorized by this agreement. Form 2044 (Rev, 8/21) Page 8 of 10 21. AUTHORITY OF STATE AUDITOR The state auditor may conduct an audit orinvestigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction oft the legislative audit committee, to conduct an audit ori investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 22. NOTICES All notices required under this agreement shall be mailed or hand delivered to the following respective addresses: STATE (Name of other party) (Mailing Address) (Mailing Address) Texas Department of Transportaton City of Lamesa Maintenance Division Lamesa Police Chief 125 East 11th Street 601 South 1st Street Austin, Texas 78701-2483 Lamesa, Texas 79331 23. TIMELY PAYMENT When required by any provision of this agreement requires a payment to be made to the State, the other party hereto shall within thirty (30) days from receipt of the State's written notification pay the State fort the full cost of repairing any damages to the highway facility which may resuit from the other party's construction, maintenance, repair or operation of the facility. 24. WARRANTS The signatories to this agr reement warrant that each has the authority to enter into this agreement on behalf of the party represented. List of Attached Exhibits: Exhibit A - General Layout Exhibit B - Metes and Bounds Description Exhibit C-Approved Construction Plans Exhibit D - Certificate of Insurance (TXDOTI Form 1560) Exhibit E - Attachment A (FHWA Additional Requirements) Form 2044 (Rev. 8/21) Page 9 of 10 IN WITNESS WHEREOF, the parties have hereunto affixed their signature, the on the day of 20 and the State on the day of 20 STATE OF TEXAS City of Lamesa Executed and approved for the Texas (Name of other party) Transportation Commission forthe purpose and effect of activating and/or carrying out the orders, and established policies or work programs By: heretofore approved and authorized by the Texas Signature Transportation Commission. Josh Stevens By: Printed Name Director, Maintenance Division Mayor Title Printed Name City of Lamesa Agency Date APPROVAL RECOMMENDED: Lamesa Police Deparimenu808-8722121 Contact Office and Telephone No. District Engineer Printed Name Date Form 2044 (Rev. 8/21) Page 10 of 10 ATTACHMENT A Inasmuch as this project is on the Federal-Aid highway system, the following additional requirements as applicable with the Federal Highway Administration's Title 23, Code of Federal Regulations, S 710.105. 1. Any significant revision in the design or construction of the facility shall receive prior approval by the Texas Department of Transportation subject to concurrency by the FHWA. 2. Any changeini the authorized use of real property interest shali receive prior approval by the Texas Department of Transportation subject to concurrence by the FHWA. 3. Real property interest shall not be transferred, assigned or conveyed to another party without prior Texas Department of Transportation approval subject to concurrence by thel FHWA. 4. This agreement will be revocable in the event that the real property interestfacility ceases to be used oris abandoned. EXHIBITE City Council Agenda City of Lamesa, Texas DATE OF MEETING: MAY 13, 2025 AGENDA ITEM: 6 BUDGET AMENDMENT IV SUBJECT: PROCEEDING: Approval SUBMITTED BY: City Staff EXHIBITS: Ordinance, First Reading AUTHORITY: 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 recognize the sale of a 2006 Fire Truck ($40,000.00) and a Fire Brush Truck ($23,250.00) (City Manager & Finance) COUNCIL ACTION DISCUSSION Motion by Council Member 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. 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 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 13th day May 2025, 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 General Fund (1) 63,250.00 SECTION 2. Effective date: That this Ordinance shall become effective as of this May 30, 2025. SECTION 3. The City Secretary is hereby authorized and directed to cause publication of this Ordinance as provided by law. Upon being put to a vote, the foregoing ordinance was Passed, on First Reading on May 13, 2025, by a majority vote; and on May 20, 2025, 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 recorded in the ordinance book thereafter. ATTEST: APPROVED: Betty Conde Josh Stevens City Secretary Mayor BUDGET AMENDMENT - FY 2024/2025 General Fund (1) The Finance Department is requesting a Budget Amendment to recognize the sale of a 2006 Fire Truck ($40,000.00) and a Fire Brush Truck ($23,250.00). Miscellaneous: Revenue - (01-40904) $ 63,250.00 Instruments and Appartues (01-5 5051953) $63,250.00 LAMESATEXAS TRADE CORRIDOR CROSSING CITY OF LAMESA 601 SOUTH 1ST STREET LAMESA, TEXAS 79331 TEL. 806-872-2124 FAX 806-872-4338 Date: April 22, 2025 To: Betty Conde Thru: Finance Department From: Wayne Chapman, Finance Director Subject: Budget Amendment The Finance Department is requesting a Budget Amendment to recognize the sale of a 2006 Fire Truck ($40,0000) and a Fire Brush Truck ($23,250). Miscellaneous Revenue - 01-40904 $63,250.00 Instruments & Appartues - 01-5051953 $63,250.00 Sincerely, fy Clepnan Wayne Chapman Director of Finance City Council Agenda City of Lamesa, Texas DATE OF MEETING: MAY 13, 2025 AGENDA ITEM: 7 BUDGET AMENDMENT V SUBJECT: PROCEEDING: Approval SUBMITTED BY: City Staff EXHIBITS: Ordinance, First Reading AUTHORITY: 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 for emergency repair for the landfill compactor. (City Manager & Finance) COUNCIL ACTION DISCUSSION Motion by Council Member 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. 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 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 13th day May 2025, 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: Expenditures Solid Waste Fund (3) 49,656.83 SECTION 2. Effective date: That this Ordinance shall become effective as of this May 30, 2025. SECTION 3. The City Secretary is hereby authorized and directed to cause publication of this Ordinance as provided by law. Upon being put to a vote, the foregoing ordinance was Passed, on First Reading on May 13, 2025, by a majority vote; and on May 20, 2025, 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 recorded in the ordinance book thereafter. ATTEST: APPROVED: Betty Conde Josh Stevens City Secretary Mayor BUDGET AMENDMENT - FY 2024/2025 Solid Waste Fund (3) The Finance Department is requesting a Budget Amendment for emergency repair for the landfill compactor. Increase Expenses - (03-5212505) $ 49,656.83 LAMESATEXAS TRADE CORRIDOR CROSSING CITY OF LAMESA 601 SOUTH 1ST STREET LAMESA, TEXAS 79331 TEL. 806-872-2124 FAX 806-872-4338 Date: May 15t, 2025 To: Betty Conde Thru: Finance Department From: Wayne Chapman, Finance Director Subject: Budget Amendment The Finance Department is requesting a Budget Amendment for emergency repair of the landfill compactor. 03-5212505 - $49,656.83 Sincerely, A Dana Chapoman Wayne Chapman Director of Finance City Council Agenda City of Lamesa,Texas DATE OF MEETING: MAY 13, 2025 AGENDA ITEM: 8 SUBJECT: CANVASS CITY'S GENERAL ELECTION RETURNS PROCEEDING: Resolution SUBMITTED BY: City Staff EXHIBITS: Election returns; resolution AUTHORITY: State Law; Chapter 67.004, Election Code SUMMARY STATEMENT The council tabulated the returns from the May 3, 2025, City General Election, and the following votes were cast: Mayor At-Large Early Voting Regular Voting Total % of Cris L Arredondo 32 56 88 22.6 Hayden Davis 166 118 284 72.8 Write In 4 14 18 4.6 Total Votes 390 Registered Voters 5139 Motion by Council Member to pass a resolution canvassing the returns of the May 3, 2025, City of Lamesa General Election, declaring Hayden Davis winner of the May 3, 2025, General Election. Motion seconded by Council Member and upon being put to a vote the motion VOTING: "AYE" "NAY" ABSTAIN" CITY MANAGER'S MEMORANDUM As per the state election code, the returns from the election must be tabulated and canvassed not earlier than the third day or later than the eleventh day after election day. 2025 General CITY OF LAMESA, TEXAS TRADE LAMESAT CORRIDOR TEXAS CROSSING Mayor Chris L. Arredondo Early Regular Total Voting Voting Votes 32 56 88 % oft total votes 22.6% Hayden Davis Early Regular Total Voting Voting Votes 166 118 284 % of total votes 72.8% Ross Brailif Early Regular Total Voting Voting Votes 4 14 18 % oftotal votes 4.6% Total Votes Early Regular Total 202 188 390 52% 48% VOTE! Registered Voters 5,139 RESOLUTION NO. A TABULATION OF THE VOTES AND A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE MAY 3, 2025, CITY GENERAL ELECTION. On this the 13th day of May, 2025, 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 (Govt. Code, Chapter 551); there being a quorum present and acting throughout the meeting, the following resolution was formally submitted by motion and duly seconded for the consideration and action of the meeting, to wit: There came on to be considered the returns of an election held on the 3rd day of May 2025, for the purpose of electing the hereinafter named officials, and it appearing from said returns, duly and legally made, that there were cast at said election 390 valid and legal votes, that each of the candidates in said election received the following votes: Early Regular Total Voting Voting Votes % Council Member District 1 Chris L. Arredondo 32 56 88 22.6% Hayden Davis 166 118 284 72.8% Ross Brailif 4 14 18 4.6% Total Votes 202 188 390 Registered Voters i 5197 This tabulation was made in accordance with the Texas Election Code, from sealed returns presented to the Mayor and Council by the Presiding Judges at the close of the election held on May 3, 2025. Said sealed documents were opened at the above-named meeting at the time designated for the official canvass and tabulation in the presence of the public. From this tabulation, the official Order Declaring the Result of the Election is to be made. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAMESA, TEXAS: That at the general election held in the City of Lamesa, Texas, on the 3rd day of May, 2025, which election was duly called and notice of such election being given in accordance with law, Hayden Davis received 284 votes, same being a majority of the votes cast at said election for the candidates for the office of City Council Member, District One, and was duly elected as Mayor, for the City of Lamesa, Dawson County, Texas; and Upon being put to a vote, the resolution was Passed, Approved, and Adopted this 13th day of May 2025, by a majority vote and ordered to be spread upon the minutes of the Council of the City of Lamesa, Texas, and recorded in the resolution book thereafter. ATTEST: APPROVED: Betty Conde Josh Stevens City Secretary Mayor City Council Agenda City of Lamesa, Texas DATE OF MEETING: MAY 13, 2025 AGENDA ITEM: 9 SUBJECT: CANVASS CITY'S SPECIAL ELECTION RETURNS PROCEEDING: Resolution SUBMITTED BY: City Staff EXHIBITS: Election returns; resolution AUTHORITY: State Law; Chapter 67.004, Election Code SUMMARY STATEMENT The council tabulated the returns from the May 3, 2025, City Special Election, and the following votes were cast: District 1 Early Voting Regular Voting Total % of Joseph Smith 61 34 95 80.5 Randy Rhoades 12 11 23 19.5 Total Votes 118 Registered Voters 897 Motion by Council Member to pass a resolution canvassing the returns of the May 3, 2025, City of Lamesa Special Election, declaring Joseph Smith winner of the May 3, 2025, Special Election. Motion seconded by Council Member and upon being put to a vote the motion VOTING: "AYE" "NAY" ABSTAIN" CITY MANAGER'S MEMORANDUM As per the state election code, the returns from the election must be tabulated and canvassed not earlier than the third day or later than the eleventh day after election day. UNOFFICIAL CANVASS 2025 Special Election CITY OF LAMESA, TEXAS LAMESATEXAS TRADE CORRIDON CROSSING District 1 District 1 Joseph Smith Early Regular Total Voting Voting Votes 61 34 95 % oftotal votes 80.5% Randy Rhoades Early Regular Total Voting Voting Votes 12 11 23 % oftotal votes 19.5% Early Regular Total 73 45 118 0% 0% VOTE! Registered Voters in District 1 897 AM RESOLUTION NO. A TABULATION OF THE VOTES AND A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE MAY 3, 2025, CITY SPECIAL ELECTION. On this the 13th day of May, 2025, 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 (Govt. Code, Chapter 551); there being a quorum present and acting throughout the meeting, the following resolution was formally submitted by motion and duly seconded for the consideration and action of the meeting, to wit: There came on to be considered the returns of an election held on the 3rd day of May 2025, for the purpose of electing the hereinafter named officials, and it appearing from said returns, duly and legally made, that there were cast at said election 118 valid and legal votes, that each of the candidates in said election received the following votes: Early Regular Total Voting Voting Votes % Council Member District 1 Joseph Smith 61 34 95 80.5% Randy Rhoades 12 11 23 19.5% Total Votes in District 1 73 45 118 Registered Voters in District 1 897 This tabulation was made in accordance with the Texas Election Code, from sealed returns presented to the Mayor and Council by the Presiding Judges at the close of the election held on May 3, 2025. Said sealed documents were opened at the above-named meeting at the time designated for the official canvass and tabulation in the presence of the public. From this tabulation, the official Order Declaring the Result of the Election is to be made. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAMESA, TEXAS: That at the special election held in the City of Lamesa, Texas, on the 3rd day of May, 2025, which election was duly called and notice of such election being given in accordance with law, Joseph Smith received 95 votes, same being a majority of the votes cast at said election for the candidates for the office of City Council Member, District One, and was duly elected as City Council Member, District One, for the City of Lamesa, Dawson County, Texas; and Upon being put to a vote, the resolution was Passed, Approved, and Adopted this 13th day of May 2025, by a majority vote and ordered to be spread upon the minutes of the Council of the City of Lamesa, Texas, and recorded in the resolution book thereafter. ATTEST: APPROVED: Betty Conde Josh Stevens City Secretary Mayor City Council Agenda City of Lamesa, Texas DATE OF MEETING: MAY 13, 2025 AGENDA ITEM:10 SUBJECT. OATH OF OFFICE - MAYOR PROCEEDING: State Law; Election Code Ch. 67.016, 67.016(f) and 145.003, City Charter; Article IV, Section 8 SUBMITTED BY: City Staff SUMMARY STATEMENT The city attorney to administer Oath of Office to the Mayor elected at the May 3, 2025, City General Election OATH OF OFFICE I, DO SOLEMNLY SWEAR THAT I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF MAYOR OF THE CITY OF LAMESA OF THE STATE OF TEXAS, AND WILL TO THE BEST OF MY ABILITY PRESERVE, PROTECT AND DEFEND THE CONSTITUTION AND LAWS OF THE UNITED STATES AND THIS STATE. SO, HELP ME GOD. CITY MANAGER'S MEMORANDUM The Mayor will be sworn in. City Council Agenda City of Lamesa, Texas DATE OF MEETING: MAY 13, 2025 AGENDA ITEM:11 SUBJECT: OATH OF OFFICE - NEWLY ELECTED COUNCIL MEMBER PROCEEDING: State Law; Election Code Ch. 67.016, 67.016(f) and 145.003, City Charter; Article IV, Section 8 SUBMITTED BY: City Staff SUMMARY STATEMENT The city attorney to administer Oath of Office to the newly elected Council Member from the May 3, 2025, City Special Election District 1 - Joseph Smith OATH OF OFFICE I, DO SOLEMNLY SWEAR THAT I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF COUNCIL MEMBER OF THE CITY OF LAMESA OF THE STATE OF TEXAS, AND WILL TO THE BEST OF MY ABILITY PRESERVE, PROTECT AND DEFEND THE CONSTITUTION AND LAWS OF THE UNITED STATES AND THIS STATE. SO, HELP ME GOD. CITY MANAGER'S MEMORANDUM The Council Member for District 1, will be sworn in. City Council Agenda City of Lamesa, Texas DATE OF MEETING: MAY 13, 2025 AGENDA ITEM:12 SUBJECT: MAYOR PRO-TEM PROCEEDING: Elect for one-year term SUBMITTED BY: City Staff EXHIBITS: AUTHORITY: City Charter; Article IV, Section 11 SUMMARY STATEMENT The city council to elect a mayor pro-tem for a one-year term of office. (Rotation for Mayor Pro Tem) COUNCIL ACTION Nominations for the office of Mayor Pro-Tem were called for by Mayor Stevens. was nominated for the office of Mayor Pro-Tem by Council Member then was nominated for the office of Mayor Pro-Tem by Council Member there being no other nominations Council Member moved that nominations cease; the motion was seconded by Council Member VOTING: "AYE" "NAY" 'ABSTAIN" CITY MANAGER'S MEMORANDUM The Mayor will preside on this item. The floor should be opened for nominations (NOMINATIONS DO NOT need a second). IF ONLY ONE NOMINATION IS MADE then there should be motion that nominations cease and the person who was nominated be elected by acclamation; the motion DOES require a second and then should be voted on. IF MORE THAN ONE NOMINATION IS MADE then there should be a motion that nominations cease, that motion seconded and voted on; then the Mayor shall call for those voting for each person nominated, tally the votes and announce the totals. Each council member may vote only once, and a nominee must receive at least four votes in order to be elected. City Council Agenda City of Lamesa, Texas DATE OF MEETING: MAY 13, 2025 AGENDA ITEM:13 SUBJECT: OATH OF OFFICE - MAYOR PRO-TEM PROCEEDING: Swearing in of newly elected Mayor-Pro Tem SUBMITTED BY: City Staff EXHIBITS: Oath of Office AUTHORITY: City Charter; Article IV, Section 8 SUMMARY STATEMENT The city attorney to administer the oath of office to the newly elected mayor pro-tem. OATH OF OFFICE , DO SOLEMNLY SWEAR THAT - - WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF MAYOR OF THE CITY OF LAMESA OF THE STATE OF TEXAS, AND WILL TO THE BEST OF MY ABILITY PRESERVE, PROTECT AND DEFEND THE CONSTITUTION AND LAWS OF THE UNITED STATES AND THIS STATE. SO, HELP ME GOD. City CouncilAgenda City of Lamesa, Texas DATE OF MEETING: MAY 13, 2025 AGENDA ITEM:14 SUBJECT: CITY STAFF REPORTS SUBMITTED BY: City Staff EXHIBITS: SUMMARY STATEMENT City Council to hear city departmental reports: a. PARKS, STREET, SANTATIONLANDFLL REPORT: Director to report on the city's recent events: b. UTILITIES DIRECTOR REPORT: Utilities Director to report on the city's recent events. COUNCIL ACTION No City Council action required. City Council Agenda City of Lamesa, Texas DATE OF MEETING: MAY 13, 2025 AGENDA ITEM: 15 SUBJECT: CITY MANAGER REPORT SUBMITTED BY: City Manager SUMMARY STATEMENT COUNCIL ACTION No City Council action required. City Council Agenda City of Lamesa, Texas DATE OF MEETING: MAY 23, 2025 AGENDA ITEM: 16 SUBJECT: MAYOR'S REPORT SUBMITTED BY: Mayor SUMMARY STATEMENT Mayor to report on future events. COUNCIL ACTION No City Council action required. City Council Agenda City of Lamesa, Texas DATE OF MEETING: MAY 13, 2025 AGENDA ITEM: 17 SUBJECT: EXPRESSION OF APPRECIATION PROCEEDING: Resolution SUBMITTED BY: City staff EXHIBITS: Resolution AUTHORITY: SUMMARY STATEMENT Consider passing a resolution of appreciation of Josh Stevens for his service as mayor. COUNCIL ACTION DISCUSSION: Motion by Council Member to Motion seconded by Council Member and upon being put to a vote the motion VOTING: "AYE" "NAY" ABSTAIN" RESOLUTION NO. A RESOLUTION IN APPRECIATION OF JOSH STEVENS FOR HIS SERVICE AS A MAYOR. WHERAS, Josh Stevens served this community well for sixteen years in numerous capacities, and WHEREAS, his time of service have been marked by exemplary dedication to the best interests of the community as he has worked constantly for the betterment of its economic, cultural and aesthetic development, and in particular, his interest in efficient government has proved to be of great assistance to the City during these years; and WHEREAS, he has earned the admiration and high regard of those with whom he has come into contact, and the affection of his fellow public servants, who are proud to call him "friend"; and WHEREAS, his performance of the duties and responsibilities of Mayor has been characterized by excellent and constructive contributions to municipal government in our city; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lamesa, and on behalf of all our citizens, does hereby express our sincere appreciation and thanks to Josh Stevens for his distinguished service to the community and highly commend him for the manner in which he has carried out his duties and responsibilities; BE IT FURTHER RESOLVED, that the City Council extends him best wishes for continued success as he leaves the Council. IN WITNESS WHEREOF, the Mayor sets his hand and causes the corporate seal of the City of Lamesa, Texas to be affixed this the 13th day of May, 2025 Mayor City Council Agenda City of Lamesa, Texas DATE OF MEETING: MAY 13, 2025 AGENDA ITEM:18 ADJOURNMENT: Announcement by the Mayor - The next regular meeting of the City Council of the City of Lamesa, Texas will be held at 5:30 p.m., on Tuesday, May 20, 2025, at City Hall, 601 South First Street.