		City Council
Oscar Leeser		Ann Morgan Lilly, District 1
Mayor		Larry Romero, District 2
		Emma Acosta, District 3
		Carl L. Robinson, District 4
Tommy Gonzalez		Michiel R. Noe, District 5
City Manager		Claudia Ordaz, District 6
		Lily Limón, District 7
		Cortney Carlisle Niland, District 8

MINUTES FOR REGULAR COUNCIL MEETING

February 9, 2015

COUNCIL CHAMBERS, CITY HALL

8:00 AM

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ROLL CALL

The City Council met in regular session at the above place and date. Meeting was called to order at 8:01 a.m. Mayor Oscar Leeser present and presiding and the following Council Members answered roll call: Ann Morgan Lilly, Larry Romero, Michiel R. Noe, Claudia Ordaz, Lilia Limón, and Cortney Carlisle Niland. Emma Acosta and Carl Robinson requested to be excused. The invocation was given by Police, Fire and Chaplain Sam Faraone, followed by the Pledge of Allegiance to the Flag of the United States of America.

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INVOCATION BY POLICE, FIRE AND CIMA CHAPLAIN SAM FARAONE

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PLEDGE OF ALLEGIANCE

Wiggs Middle School

Carla Barraza

Alan Borunda

Perla Elizalde

Elliot Hinojos

Destiny Smith

Sofia Valencia

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8:00 A.M. – 8:30 A.M. CALL TO THE PUBLIC – PUBLIC COMMENT

The following members of the public commented:

Mr. Sal Gomez
Mr. Leo Mendoza

Mayor Leeser and Representative Niland commented.

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MAYOR’S PROCLAMATIONS

Flashdance Day

2-1-1 Day

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NOTICE TO THE PUBLIC

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CONSENT AGENDA

Motion made by Mayor Pro Tempore Niland, seconded by Representative Romero, and unanimously carried to APPROVE, AS REVISED, all matters listed under the Consent Agenda unless otherwise noted. (Items approved, postponed, or deleted pursuant to the vote on the Consent Agenda will be shown with an asterisk {*}.

AYES: Representatives Lilly, Romero, Noe, Ordaz, Limón, and Niland

NAYS: None

ABSENT: Representative Acosta

NOT PRESENT FOR THE VOTE: Representative Robinson

CONSENT AGENDA - APPROVAL OF MINUTES:

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Goal 6: Set the Standard for Sound Governance and Fiscal Management

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1.1.

*Motion made, seconded, and unanimously carried to APPROVE the Minutes for the Regular City Council Meeting of February 3, 2015, the Legislative Review Meeting of the Whole of February 2, 2015, and the Special City Council Meeting of February 2, 2015.

ABSENT: Representative Acosta

NOT PRESENT FOR THE VOTE: Representative Robinson

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CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

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1^ST MOTION

*Motion made, seconded, and unanimously carried to EXCUSE Representative Emma Acosta from the Regular Council Meeting of February 9, 2015.

ABSENT: Representative Acosta

NOT PRESENT FOR THE VOTE: Representative Robinson

2^ND MOTION

Motion made by Mayor Pro Tempore Niland, seconded by Representative Limón, and unanimously carried to EXCUSE, AS REVISED Representative Carl Robinson from the Regular Council Meeting of February 9, 2015.

ABSENT: Representatives Acosta and Robinson

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CONSENT AGENDA - RESOLUTIONS:

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Goal 2: Set the Standard for a Safe and Secure City

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3.1.

*R E S O L U T I O N

WHEREAS, in accordance with Chapter 9.04 of the El Paso City Code, MEDINA, ROBERTO, referred to as owner, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 9.04 of the El Paso City Code; and the owner failed to comply with due notices. In accordance with El Paso City Code Chapter 9.04, the Environmental Services Department proceeded to clean and dispose of the trash, vegetation, weeds or other rubbish; and

WHEREAS, the Director of the Environmental Services Department has reported the cost of doing such work in the amount hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

1. The City Council determines its reasonable expenses including administrative costs and the cost of removing the accumulated trash, vegetation and weeds or other rubbish located on the property known as:

5321 Charl Ann Street, more particularly described as TR 5-A (6.00 ACRES), Block 5, Upper Valley Subdivision, City of El Paso, El Paso County, Texas, PID #U819-999-005A-0510

to be $603.37, in accordance with the El Paso City Code Section 9.04.880 and the Texas Health & Safety Code Section 342.007. The City Council finds that the work was completed on the 26th day of June, 2014, and approves the costs described herein.

2. The City Council, in accordance with Chapter 9.04 of the El Paso City Code, declares the above total amount SIX HUNDRED THREE AND 37/100 DOLLARS ($603.37) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum.

3. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk.

4. All records of the City Clerk’s office relating to the proceeding against the above described property are made a part of this Resolution by reference.

*R E S O L U T I O N

WHEREAS, in accordance with Chapter 9.04 of the El Paso City Code, MEDINA, RICARDO J. & SANDRA, referred to as owner, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 9.04 of the El Paso City Code; and the owner failed to comply with due notices. In accordance with El Paso City Code Chapter 9.04, the Environmental Services Department proceeded to clean and dispose of the trash, vegetation, weeds or other rubbish; and

WHEREAS, the Director of the Environmental Services Department has reported the cost of doing such work in the amount hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

5139 Sterling Place, more particularly described as PT OF Lot 15 (160 FT ON STERLING X 250 FT BEG 618.81 FT N OF SEC) (0.92 ACRE), Outlaw Acres Subdivision, City of El Paso, El Paso County, Texas, PID #O415-999-0000-9905

to be $630.97, in accordance with the El Paso City Code Section 9.04.880 and the Texas Health & Safety Code Section 342.007. The City Council finds that the work was completed on the 7th day of August, 2014, and approves the costs described herein.

2. The City Council, in accordance with Chapter 9.04 of the El Paso City Code, declares the above total amount SIX HUNDRED THIRTY AND 97/100 DOLLARS ($630.97) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum.

3. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk.

4. All records of the City Clerk’s office relating to the proceeding against the above described property are made a part of this Resolution by reference.

*R E S O L U T I O N

WHEREAS, in accordance with Chapter 9.04 of the El Paso City Code, AVALOS, JOSE S. M. & GONALEZ, DAISY C. G., referred to as owner, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 9.04 of the El Paso City Code; and the owner failed to comply with due notices. In accordance with El Paso City Code Chapter 9.04, the Environmental Services Department proceeded to clean and dispose of the trash, vegetation, weeds or other rubbish; and

WHEREAS, the Director of the Environmental Services Department has reported the cost of doing such work in the amount hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

5704 Valley Cedar Drive, more particularly described as Lot 8 (13608.36 SQ FT), Block 8, Valley Creek #1 Subdivision, City of El Paso, El Paso County, Texas, PID #V138-999-0080-0800

to be $528.94, in accordance with the El Paso City Code Section 9.04.880 and the Texas Health & Safety Code Section 342.007. The City Council finds that the work was completed on the 15th day of August, 2014, and approves the costs described herein.

2. The City Council, in accordance with Chapter 9.04 of the El Paso City Code, declares the above total amount FIVE HUNDRED TWENTY EIGHT AND 94/100 DOLLARS ($528.94) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum.

3. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk.

4. All records of the City Clerk’s office relating to the proceeding against the above described property are made a part of this Resolution by reference.

*R E S O L U T I O N

WHEREAS, in accordance with Chapter 9.04 of the El Paso City Code, VEGA, JOE, referred to as owner, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 9.04 of the El Paso City Code; and the owner failed to comply with due notices. In accordance with El Paso City Code Chapter 9.04, the Environmental Services Department proceeded to clean and dispose of the trash, vegetation, weeds or other rubbish; and

WHEREAS, the Director of the Environmental Services Department has reported the cost of doing such work in the amount hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

5732 Valley Cedar Drive, more particularly described as Lot 1 (14830.74 SQ FT), Block 8, Valley Creek #1 Subdivision, City of El Paso, El Paso County, Texas, PID #V138-999-0080-0100

to be $272.93, in accordance with the El Paso City Code Section 9.04.880 and the Texas Health & Safety Code Section 342.007. The City Council finds that the work was completed on the 6^th day of August, 2014, and approves the costs described herein.

2. The City Council, in accordance with Chapter 9.04 of the El Paso City Code, declares the above total amount TWO HUNDRED SEVENTY TWO AND 93/100 DOLLARS ($272.93) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum.

3. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk.

4. All records of the City Clerk’s office relating to the proceeding against the above described property are made a part of this Resolution by reference.

*R E S O L U T I O N

WHEREAS, in accordance with Chapter 9.04 of the El Paso City Code, PEDRAZA, GILBERTO P. B., referred to as owner, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 9.04 of the El Paso City Code; and the owner failed to comply with due notices. In accordance with El Paso City Code Chapter 9.04, the Environmental Services Department proceeded to clean and dispose of the trash, vegetation, weeds or other rubbish; and

WHEREAS, the Director of the Environmental Services Department has reported the cost of doing such work in the amount hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

4331 East Yandell Drive, more particularly described as Lots 1 & 2 & E 1/2 OF 3 (8750 SQ FT), Block 23, French Subdivision, City of El Paso, El Paso County, Texas, PID #F716-999-0230-0100

to be $292.42, in accordance with the El Paso City Code Section 9.04.880 and the Texas Health & Safety Code Section 342.007. The City Council finds that the work was completed on the 12^th day of August, 2014, and approves the costs described herein.

2. The City Council, in accordance with Chapter 9.04 of the El Paso City Code, declares the above total amount TWO HUNDRED NINETY TWO AND 42/100 DOLLARS ($292.42) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum.

3. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk.

4. All records of the City Clerk’s office relating to the proceeding against the above described property are made a part of this Resolution by reference.

*R E S O L U T I O N

WHEREAS, in accordance with Chapter 9.04 of the El Paso City Code, CABALLERO, CARLOS, referred to as owner, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 9.04 of the El Paso City Code; and the owner failed to comply with due notices. In accordance with El Paso City Code Chapter 9.04, the Environmental Services Department proceeded to clean and dispose of the trash, vegetation, weeds or other rubbish; and

WHEREAS, the Director of the Environmental Services Department has reported the cost of doing such work in the amount hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

5008 East Yandell Drive, more particularly described as Lot 361 (6325 SQ FT), Block 31, Loretto Place Subdivision, City of El Paso, El Paso County, Texas, PID #L681-999-0310-9300

to be $316.23, in accordance with the El Paso City Code Section 9.04.880 and the Texas Health & Safety Code Section 342.007. The City Council finds that the work was completed on the 8th day of July, 2014, and approves the costs described herein.

2. The City Council, in accordance with Chapter 9.04 of the El Paso City Code, declares the above total amount THREE HUNDRED SIXTEEN AND 23/100 DOLLARS ($316.23) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum.

3. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk.

4. All records of the City Clerk’s office relating to the proceeding against the above described property are made a part of this Resolution by reference.

*R E S O L U T I O N

WHEREAS, in accordance with Chapter 9.04 of the El Paso City Code, RODRIGUEZ, CHRISTOPHER A., referred to as owner, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 9.04 of the El Paso City Code; and the owner failed to comply with due notices. In accordance with El Paso City Code Chapter 9.04, the Environmental Services Department proceeded to clean and dispose of the trash, vegetation, weeds or other rubbish; and

WHEREAS, the Director of the Environmental Services Department has reported the cost of doing such work in the amount hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

3910 Leavell Avenue, more particularly described as Lots 26 & 27 (6000 SQ FT), Block 54, Logan Heights Subdivision, City of El Paso, El Paso County, Texas, PID #L447-999-0540-7100

to be $256.43, in accordance with the El Paso City Code Section 9.04.880 and the Texas Health & Safety Code Section 342.007. The City Council finds that the work was completed on the 5th day of August, 2014, and approves the costs described herein.

2. The City Council, in accordance with Chapter 9.04 of the El Paso City Code, declares the above total amount TWO HUNDRED FIFTY SIX AND 43/100 DOLLARS ($256.43) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum.

3. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk.

4. All records of the City Clerk’s office relating to the proceeding against the above described property are made a part of this Resolution by reference.

*R E S O L U T I O N

WHEREAS, in accordance with Chapter 9.04 of the El Paso City Code, ROMERO, RUDY & ANGIE J. M., referred to as owner, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 9.04 of the El Paso City Code; and the owner failed to comply with due notices. In accordance with El Paso City Code Chapter 9.04, the Environmental Services Department proceeded to clean and dispose of the trash, vegetation, weeds or other rubbish; and

WHEREAS, the Director of the Environmental Services Department has reported the cost of doing such work in the amount hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

4112 Leavell Avenue, more particularly described as Lots 25 & 26 (6000 SQ FT), Block 30, Logan Height Subdivision, City of El Paso, El Paso County, Texas, PID #L447-999-0300-7800

to be $297.02, in accordance with the El Paso City Code Section 9.04.880 and the Texas Health & Safety Code Section 342.007. The City Council finds that the work was completed on the 6th day of August, 2014, and approves the costs described herein.

2. The City Council, in accordance with Chapter 9.04 of the El Paso City Code, declares the above total amount TWO HUNDRED NINETY SEVEN AND 02/100 DOLLARS ($297.02) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum.

3. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk.

4. All records of the City Clerk’s office relating to the proceeding against the above described property are made a part of this Resolution by reference.

*R E S O L U T I O N

WHEREAS, in accordance with Chapter 9.04 of the El Paso City Code, BRITT, ANTHONY L., referred to as owner, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 9.04 of the El Paso City Code; and the owner failed to comply with due notices. In accordance with El Paso City Code Chapter 9.04, the Environmental Services Department proceeded to clean and dispose of the trash, vegetation, weeds or other rubbish; and

WHEREAS, the Director of the Environmental Services Department has reported the cost of doing such work in the amount hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

10956 Acoma Street, more particularly described as Lot 36 (5500.00 SQ FT), Block 1, Sandstone Ranch #1 Subdivision (Amending), City of El Paso, El Paso County, Texas, PID #S137-999-0010-3600

to be $275.37, in accordance with the El Paso City Code Section 9.04.880 and the Texas Health & Safety Code Section 342.007. The City Council finds that the work was completed on the 15th day of August, 2014, and approves the costs described herein.

2. The City Council, in accordance with Chapter 9.04 of the El Paso City Code, declares the above total amount TWO HUNDRED SEVENTY FIVE AND 37/100 DOLLARS ($275.37) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum.

3. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk.

4. All records of the City Clerk’s office relating to the proceeding against the above described property are made a part of this Resolution by reference.

*R E S O L U T I O N

WHEREAS, in accordance with Chapter 9.04 of the El Paso City Code, DAVIDS, FREDERICK J. & EVA M., referred to as owner, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 9.04 of the El Paso City Code; and the owner failed to comply with due notices. In accordance with El Paso City Code Chapter 9.04, the Environmental Services Department proceeded to clean and dispose of the trash, vegetation, weeds or other rubbish; and

WHEREAS, the Director of the Environmental Services Department has reported the cost of doing such work in the amount hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

10608 Murphy Street, more particularly described as Lot 5, Block 2, Sarah Anne Park Subdivision, City of El Paso, El Paso County, Texas, PID #S161-999-0020-0500

to be $320.29, in accordance with the El Paso City Code Section 9.04.880 and the Texas Health & Safety Code Section 342.007. The City Council finds that the work was completed on the 16^th day of July, 2014, and approves the costs described herein.

2. The City Council, in accordance with Chapter 9.04 of the El Paso City Code, declares the above total amount THREE HUNDRED TWENTY AND 29/100 DOLLARS ($320.29) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum.

3. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk.

4. All records of the City Clerk’s office relating to the proceeding against the above described property are made a part of this Resolution by reference.

*R E S O L U T I O N

WHEREAS, in accordance with Chapter 9.04 of the El Paso City Code, SSRC INC, referred to as owner, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 9.04 of the El Paso City Code; and the owner failed to comply with due notices. In accordance with El Paso City Code Chapter 9.04, the Environmental Services Department proceeded to clean and dispose of the trash, vegetation, weeds or other rubbish; and

WHEREAS, the Director of the Environmental Services Department has reported the cost of doing such work in the amount hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

11843 Quail Bush Circle, more particularly described as Lot 18 (8284.00 SQ FT), Block 1, Hueco Mountain Village Subdivision, City of El Paso, El Paso County, Texas, PID #H801-999-0010-0900

to be $282.13, in accordance with the El Paso City Code Section 9.04.880 and the Texas Health & Safety Code Section 342.007. The City Council finds that the work was completed on the 12th day of August, 2014, and approves the costs described herein.

2. The City Council, in accordance with Chapter 9.04 of the El Paso City Code, declares the above total amount TWO HUNDRED EIGHTY TWO AND 13/100 DOLLARS ($282.13) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum.

3. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk.

4. All records of the City Clerk’s office relating to the proceeding against the above described property are made a part of this Resolution by reference.

*R E S O L U T I O N

WHEREAS, in accordance with Chapter 9.04 of the El Paso City Code, DE LEON, ROBERTO B. D., referred to as owner, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 9.04 of the El Paso City Code; and the owner failed to comply with due notices. In accordance with El Paso City Code Chapter 9.04, the Environmental Services Department proceeded to clean and dispose of the trash, vegetation, weeds or other rubbish; and

WHEREAS, the Director of the Environmental Services Department has reported the cost of doing such work in the amount hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

616 Cora Place, more particularly described as Lot 7 (4050.00 SQ FT), Block 1, Sombras Del Rio Subdivision, City of El Paso, El Paso County, Texas, PID #S542-999-0010-0700

to be $277.95, in accordance with the El Paso City Code Section 9.04.880 and the Texas Health & Safety Code Section 342.007. The City Council finds that the work was completed on the 30th day of June, 2014, and approves the costs described herein.

2. The City Council, in accordance with Chapter 9.04 of the El Paso City Code, declares the above total amount TWO HUNDRED SEVENTY SEVEN AND 95/100 DOLLARS ($277.95) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum.

3. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk.

4. All records of the City Clerk’s office relating to the proceeding against the above described property are made a part of this Resolution by reference.

*R E S O L U T I O N

WHEREAS, in accordance with Chapter 9.04 of the El Paso City Code, VALENZUELA, JORGE, referred to as owner, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 9.04 of the El Paso City Code; and the owner failed to comply with due notices. In accordance with El Paso City Code Chapter 9.04, the Environmental Services Department proceeded to clean and dispose of the trash, vegetation, weeds or other rubbish; and

WHEREAS, the Director of the Environmental Services Department has reported the cost of doing such work in the amount hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

401 Yarbrough, more particularly described as TR 75 & 76 (74 EXC NLY PT) & SLY PTS OF 77 & 78 (103566.00 SQ FT), Cinecue Park Subdivision, City of El Paso, El Paso County, Texas, PID #C572-999-0010-0917

to be $593.89, in accordance with the El Paso City Code Section 9.04.880 and the Texas Health & Safety Code Section 342.007. The City Council finds that the work was completed on the 18th day of February, 2014, and approves the costs described herein.

2. The City Council, in accordance with Chapter 9.04 of the El Paso City Code, declares the above total amount FIVE HUNDRED NINETY THREE AND 89/100 DOLLARS ($593.89) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum.

3. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk.

4. All records of the City Clerk’s office relating to the proceeding against the above described property are made a part of this Resolution by reference.

*R E S O L U T I O N

WHEREAS, in accordance with Chapter 9.04 of the El Paso City Code, SALIDO, VICTOR H., referred to as owner, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 9.04 of the El Paso City Code; and the owner failed to comply with due notices. In accordance with El Paso City Code Chapter 9.04, the Environmental Services Department proceeded to clean and dispose of the trash, vegetation, weeds or other rubbish; and

WHEREAS, the Director of the Environmental Services Department has reported the cost of doing such work in the amount hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

3915 Frutas Avenue, more particularly described as E 65.333 FT OF Lot 5 , Block 3, Woodlawn Subdivision, City of El Paso, El Paso County, Texas, PID #W886-999-0030-6000

to be $474.01, in accordance with the El Paso City Code Section 9.04.880 and the Texas Health & Safety Code Section 342.007. The City Council finds that the work was completed on the 15th day of July, 2014, and approves the costs described herein.

2. The City Council, in accordance with Chapter 9.04 of the El Paso City Code, declares the above total amount FOUR HUNDRED SEVENTY FOUR AND 01/100 DOLLARS ($474.01) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum.

3. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk.

4. All records of the City Clerk’s office relating to the proceeding against the above described property are made a part of this Resolution by reference.

*R E S O L U T I O N

WHEREAS, in accordance with Chapter 9.04 of the El Paso City Code, THE BANK OF NEW YORK MELLON, referred to as owner, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 9.04 of the El Paso City Code; and the owner failed to comply with due notices. In accordance with El Paso City Code Chapter 9.04, the Environmental Services Department proceeded to clean and dispose of the trash, vegetation, weeds or other rubbish; and

WHEREAS, the Director of the Environmental Services Department has reported the cost of doing such work in the amount hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

2516 Pershing Drive, more particularly described as Lot 8 and W 1/2 OF Lot 7 (4500 SQ FT), Block 91, Bassett Subdivision, City of El Paso, El Paso County, Texas, PID #B202-999-0910-2100

to be $275.10, in accordance with the El Paso City Code Section 9.04.880 and the Texas Health & Safety Code Section 342.007. The City Council finds that the work was completed on the 13th day of August, 2014, and approves the costs described herein.

2. The City Council, in accordance with Chapter 9.04 of the El Paso City Code, declares the above total amount TWO HUNDRED SEVENTY FIVE AND 10/100 DOLLARS ($275.10) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum.

3. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk.

4. All records of the City Clerk’s office relating to the proceeding against the above described property are made a part of this Resolution by reference.

*R E S O L U T I O N

WHEREAS, in accordance with Chapter 9.04 of the El Paso City Code, PINON, JORGE L., referred to as owner, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 9.04 of the El Paso City Code; and the owner failed to comply with due notices. In accordance with El Paso City Code Chapter 9.04, the Environmental Services Department proceeded to clean and dispose of the trash, vegetation, weeds or other rubbish; and

WHEREAS, the Director of the Environmental Services Department has reported the cost of doing such work in the amount hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

637 Pete Payan Drive, more particularly described as Lot 16 (4198.49 SQ FT) PRORATION 6/4/03, Block 6, Rubin Heights #2 RPLA (Amendplat) Subdivision, City of El Paso, El Paso County, Texas, PID #R874-999-0060-1600

to be $284.84, in accordance with the El Paso City Code Section 9.04.880 and the Texas Health & Safety Code Section 342.007. The City Council finds that the work was completed on the 26th day of June, 2014, and approves the costs described herein.

2. The City Council, in accordance with Chapter 9.04 of the El Paso City Code, declares the above total amount TWO HUNDRED EIGHTY FOUR AND 84/100 DOLLARS ($284.84) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum.

3. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk.

4. All records of the City Clerk’s office relating to the proceeding against the above described property are made a part of this Resolution by reference.

*R E S O L U T I O N

WHEREAS, in accordance with Chapter 9.04 of the El Paso City Code, LARA-AESCHBACH, NADIA L., referred to as owner, regardless of number, of the hereinafter described property, was given notice that said property constituted a public nuisance due to the accumulation of trash, vegetation and weeds or other objectionable, unsightly or unsanitary matter in violation of Chapter 9.04 of the El Paso City Code; and the owner failed to comply with due notices. In accordance with El Paso City Code Chapter 9.04, the Environmental Services Department proceeded to clean and dispose of the trash, vegetation, weeds or other rubbish; and

WHEREAS, the Director of the Environmental Services Department has reported the cost of doing such work in the amount hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

412 N Resler Drive, more particularly described as SELY PT OF Lot 6 (5039.4 SQ FT), Block 1, Paseo Escondido Subdivision, City of El Paso, El Paso County, Texas, PID #P588-999-0010-1200

to be $270.23, in accordance with the El Paso City Code Section 9.04.880 and the Texas Health & Safety Code Section 342.007. The City Council finds that the work was completed on the 13^th day of August, 2014, and approves the costs described herein.

2. The City Council, in accordance with Chapter 9.04 of the El Paso City Code, declares the above total amount TWO HUNDRED SEVENTY AND 23/100 DOLLARS ($270.23) to be a lien on the above described property, said amount being due and payable within ten (10) days from the date of City Council approval, and thereafter bearing ten percent (10%) interest per annum.

3. The City Clerk is directed to give notice of the lien by filing a copy of this Resolution for record with the County Clerk.

4. All records of the City Clerk’s office relating to the proceeding against the above described property are made a part of this Resolution by reference.

………………………………………………………………………………………………………………

3.2.

*R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the Mayor be authorized to sign an Interlocal Agreement with the El Paso County 911 District (“911 District”) to give access to the 911 District and other local public safety and law enforcement agencies (“Agencies”) identified in this Interlocal Agreement to the City’s P25 platform 800MHZ Digital Radio System (“P25 Systems”) through the use of the 911 District and other Agencies’ radios which will enable all the entities to participate in the P25 System and that 911 District shall be remit to the City an annual amount not to exceed $300,000 for the maintenance cost of the P25 System; and that the City Manager be authorized to establish any appropriations associated with this Interlocal Agreement.

……………………………………………………………………………………………………..

Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments

………………………………………………………………………………………………………………

4.1.

*R E S O L U T I O N

WHEREAS, Susan G. Komen El Paso desires to host The 2015 Susan G. Komen El Paso Race for the Cure from 5:00 a.m. to 11:00 a.m. on Sunday, March 1, 2015 (hereinafter referred to as the “Event”); and

WHEREAS, The Event will utilize both City and State rights-of-way: and

WHEREAS, The City of El Paso (hereinafter referred to as the “City”) has found the Event serves a public purpose; and

WHEREAS, The City has permission to utilize portions of City rights-of-way for the Event; and

WHEREAS, The State of Texas (hereinafter referred to as the “State”) owns and operates a system of highways for public use and benefit, including Texas Avenue (SH20) and North Mesa Street (SH20), within El Paso, Texas; and

WHEREAS, 43 TAC, Section 22.12 establishes the rules and procedures for the temporary closure of portions of the State Highway System for periods of time exceeding four hours; and

WHEREAS, the State in recognition of the public purpose for the Event, provides a means of cooperating with the City for the temporary closure of State right-of-way, provided the closure is in accordance with the requirements of 43 TAC, Section 22.12 and the City enters into an Agreement for the Temporary Closure of State Right-of-Way for the Event (Form TEA 30A).

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF EL PASO:

That the closure of rights-of-way for The 2015 Susan G. Komen El Paso Race for the Cure from 5:00 a.m. to 11:00 a.m. on Sunday, March 1, 2015 serves a public purpose and in accordance with 43 TAC, Section 22.12, the City Manager be authorized to sign an Agreement For The Temporary Closure of State Right Of Way (Form TEA 30A) by and between the City of El Paso and the State of Texas, acting by and through the Texas Department of Transportation, for the temporary closure and use of State owned and operated in excess of four hours for portions of Texas Avenue (SH20) and North Mesa Street (SH20), and the companion agreement between the City of El Paso and Susan G. Komen El Paso to assume responsibilities for and during the Event, upon the issuance of required permits from the City of El Paso and substantial conformity to the finalized TEA30 agreement between the City of El Paso and State of Texas Department of Transportation.

……………………………………………………………………………………………………..

Goal 6: Set the Standard for Sound Governance and Fiscal Management

………………………………………………………………………………………………………………

5.1.

*R E S O L U T I O N

WHEREAS, pursuant to Section 31.11 (c) of the Texas Code an application for a refund must be made within three (3) years after the date of the payment or the taxpayer waives the right to the refund; and

WHEREAS, pursuant to Section 31.11 (c-1) the governing body of the taxing unit may extend the deadline for a single period not to exceed two years on a showing of good cause by the taxpayer; and

WHEREAS, taxpayer, TSI TITLE COMPANY (“Taxpayer”) has applied for a refund with the tax assessor of the 2011 property taxes that were overpaid on October 13, 2011 in the amount of $834.10 for all taxing entities; and

WHEREAS, City Council may extend the deadline for the Taxpayer’s application for the overpayment of the 2011 property taxes for a period not to exceed two years on a showing of good cause by the taxpayer; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

THAT THE City finds that TSI TITLE COMPANY showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2011 property taxes and the tax refund in the amount of $834.10 is approved.

………………………………………………………………………………………………………………

5.2.

*R E S O L U T I O N

WHEREAS, pursuant to Section 31.11 (c-1) the governing body of the taxing unit may extend the deadline for a single period not to exceed two years on a showing of good cause by the taxpayer; and

WHEREAS, taxpayer, SERGIO TRIANA (“Taxpayer”) has applied for a refund with the tax assessor of the 2010 property taxes that were overpaid on January 26, 2011 in the amount of $3,323.67 for all taxing entities; and

WHEREAS, City Council may extend the deadline for the Taxpayer’s application for the overpayment of the 2010 property taxes for a period not to exceed two years on a showing of good cause by the taxpayer; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

THAT THE City finds that SERGIO TRIANA showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2010 property taxes and the tax refund in the amount of $3,323.67 is approved.

………………………………………………………………………………………………………………

5.3.

*R E S O L U T I O N

WHEREAS, pursuant to Section 31.11 (c-1) the governing body of the taxing unit may extend the deadline for a single period not to exceed two years on a showing of good cause by the taxpayer; and

WHEREAS, taxpayer, LOS PAISANOS JOINT VENTURE (“Taxpayer”) has applied for a refund with the tax assessor of the 2009 property taxes that were overpaid on January 13, 2010 in the amount of $16,960.25 for all taxing entities; and

WHEREAS, City Council may extend the deadline for the Taxpayer’s application for the overpayment of the 2009 property taxes for a period not to exceed two years on a showing of good cause by the taxpayer; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

THAT the City finds that LOS PAISANOS JOINT VENTURE showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2009 property taxes and that the tax refund in the amount of $16,960.25 is approved.

……………………………………………………………………………………………………..

Goal 7: Enhance and Sustain El Paso’s Infrastructure Network

………………………………………………………………………………………………………………

6.1.

*R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the City Manager be authorized to sign an Underground Electrical and Transformer Pad Easement which will allow the El Paso Electric Company to provide electrical power to the EPIA Consolidated Rental Car Agency Complex, at 6505 Convair Road, more particularly described as a portion of Lot 2, EPIA CONRAC SUBDIVISION, City of El Paso, El Paso County, Texas.

………………………………………………………………………………………………………………

6.2.

*R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the City Manager be authorized to sign a Contract of Sale between the CITY OF EL PASO and OLIVAS ENTERPRISES, INC., a Texas corporation, for the purchase of approximately 11,828 square foot property adjacent to the Mission Valley Transit Terminal on that certain property described as Lots 7, 8 and 9, Block 2, HARRIS TRACT, YSLETA, an Addition to the City of El Paso, according to the plat thereof, recorded in Volume 4, Page 33, Plat Records of El Paso County, Texas and more commonly known as 110 N. Harris St., City of El Paso, 79907 in the amount of $260,000.00 for mass transit use in order to enhance a regional comprehensive transportation system, and that the City Manager, or designee, be authorized to sign any necessary documents to accomplish the intent of this Resolution.

…………………………………………………………………………………………………….

CONSENT AGENDA - BOARD RE-APPOINTMENTS:

……………………………………………………………………………………………………..

Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments

………………………………………………………………………………………………………………

7.1.

*Motion made, seconded, and unanimously carried to RE-APPOINT Brian Burds to the El Paso Bond Overview Advisory Committee by Representative Carl L. Robinson, District 4.

ABSENT: Representative Acosta

NOT PRESENT FOR THE VOTE: Representative Robinson

……………………………………………………………………………………………………..

Goal 5: Promote Transparent and Consistent Communication Amongst All Members of the Community

………………………………………………………………………………………………………………

8.1.

*Motion made, seconded, and unanimously carried to RE-APPOINT Gloria Alva Boyer to the Foster Grandparent Program by Representative Ann Morgan Lilly, District 1.

ABSENT: Representative Acosta

NOT PRESENT FOR THE VOTE: Representative Robinson

…………………………………………………………………………………………………….

CONSENT AGENDA - BOARD APPOINTMENTS:

……………………………………………………………………………………………………..

Goal 7: Enhance and Sustain El Paso’s Infrastructure Network

………………………………………………………………………………………………………………

9.1.

*Motion made, seconded, and unanimously carried to APPOINT John Paul Gray to the Capital Improvement Advisory Committee by Representative Ann Morgan Lilly, District 1.

ABSENT: Representative Acosta

NOT PRESENT FOR THE VOTE: Representative Robinson

………………………………………………………………………………………………………………

9.2.

*Motion made, seconded, and unanimously carried to APPOINT John Eric Eyberg to the Bicycle Advisory Committee by Representative Carl L. Robinson, District 4.

ABSENT: Representative Acosta

NOT PRESENT FOR THE VOTE: Representative Robinson

…………………………………………………………………………………………………….

CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:

……………………………………………………………………………………………………..

10.

Goal 6: Set the Standard for Sound Governance and Fiscal Management

………………………………………………………………………………………………………………

10.1.

*Motion made, seconded, and unanimously carried that the following tax refunds be APPROVED, subject to auditor approval:

ABSENT: Representative Acosta

NOT PRESENT FOR THE VOTE: Representative Robinson

Anson Mills JV, LLC in the amount of $22,495.61 overpayment on January 13, 2015 of 2014 taxes. (Geo. # 1491-999-1263-7734)
Sandra Greenberg in the amount of $3,078.33 overpayment on December 23, 2014 of 2014 taxes. (Geo. # C340-999-014B-1200)
Franco Construction, Inc. in the amount of $3,895.07 overpayment on December 30, 2013 of 2013 taxes. (Geo. # C731-999-0120-0200)
First Light Federal Credit Union in the amount of $6,098.53 for payment in error on December 30, 2014 of 2014 taxes. (Geo. # R457-999-0020-2900)
Texas Title Company in the amount of $3,002.58 overpayment on December 11, 2014 of 2014 taxes. (Geo. # V893-99-0840-0500)

…………………………………………………………………………………………………….

CONSENT AGENDA - NOTICE FOR NOTATION:

……………………………………………………………………………………………………..

11.

Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development

………………………………………………………………………………………………………………

11.1.

*Motion made, seconded and unanimously carried to APPROVE for notation the donation of $5,000 from FirstSouthwest and $5,000 from El Paso Electric Company for the Economic Development Familiarization Tours.

…………………………………………………………………………………………………….

CONSENT AGENDA - NOTICE OF CAMPAIGN CONTRIBUTIONS:

……………………………………………………………………………………………………..

12.

Goal 5: Promote Transparent and Consistent Communication Amongst All Members of the Community

………………………………………………………………………………………………………………

12.1.

*Motion made, seconded and unanimously carried to APPROVE for notation, pursuant to Section 2.92.110 of the City Code: receipt of campaign contributions by Representative Cortney Carlisle Niland on January 15, 2015 in the amount of $500 from Robert Brown; on January 16, 2015 in the amount of $500 from Kirk Robison; in the amount of $1,000 from Stanley Jobe; in the amount of $500 from Scott Bain; in the amount of $500 from Bobby Bowling; in the amount of $500 from Randy Bowling; in the amount of $500 from Gregory Bowling; in the amount of $500 from Lane Gaddy; in the amount of $1,000 from Harold Hahn; in the amount of $500 from Robert L. Bowling, in the amount of $500 from Will Harvey; on January 18, 2015 in the amount of $500 from Adam Frank; and on January 27, 2015 in the amount of $500 from Bob Hoy.

ABSENT: Representative Acosta

NOT PRESENT FOR THE VOTE: Representative Robinson

…………………………………………………………………………………………………….

CONSENT AGENDA - REQUESTS TO ISSUE PURCHASE ORDERS:

……………………………………………………………………………………………………..

13.

Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments

………………………………………………………………………………………………………………

13.1.

*Motion made, seconded, and unanimously carried to AUTHORIZE the Director for Purchasing and Strategic Sourcing Department to exercise the City’s option to extend current Contract 2012-109 Spanish Language Magazines with Latin American Periodicals, LLC for two (2) additional years pursuant to the provisions of an award approved by the City Council on April 24, 2012. The extended contract period will be from April 24, 2015 to April 23, 2017.

ABSENT: Representative Acosta

NOT PRESENT FOR THE VOTE: Representative Robinson

Department: Library

Award to: Latin American Periodicals, LLC

Nogales, AZ

Option: 2 Years

Annual Estimated Amount: $100,000.00

Total Estimated Amount: $200,000.00 (2 years)

Account No.: 453-53010-1000-531030

Funding Source: General Funds

……………………………………………………………………………………………………..

14.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

………………………………………………………………………………………………………………

14.1.

*Motion made, seconded, and unanimously carried to AUTHORIZE the Director of the Purchasing & Strategic Sourcing Department to exercise the City’s option to extend current Contract 2012-191R Veterinary Services – Animal Shelter with (V1) Bernie Ray Page, DVM, (V2) Lawrence M. Koym, DVM, (V3) Alvaro Medina, DVM, (V4) Dennis W. Flosi, DVM for one (1) additional year pursuant to the provisions of an award approved by the City Council on February 24, 2012. The extended contract period will be from May 1, 2015 to April 30, 2016.

ABSENT: Representative Acosta

NOT PRESENT FOR THE VOTE: Representative Robinson

Department: Environmental Services

Award Extension to (V1): Bernie Ray Page, DVM

El Paso, TX

Annual Estimated Amount: $150,000.00

Total Estimated Amount: $150,000.00 (1 Year)

Award Extension to (V2): Lawrence M. Koym, DVM

Mason, TX

Annual Estimated Amount: $40,000.00

Total Estimated Amount: $40,000.00 (1 Year)

Award Extension to (V3): Alvaro Medina, DVM

El Paso, TX

Annual Estimated Amount: $30,000.00

Total Estimated Amount: $30,000.00 (1 Year)

Award Extension to (V4): Dennis W. Flosi, DVM

El Paso, TX

Annual Estimated Amount: $15,000.00

Total Estimated Amount: $15,000.00 (1 Year)

Annual Estimated Award: $235,000.00

Total Estimated Award: $235,000.00 (1 Year)

Account No.: 334 – 3120-34050-P3450-522150

Funding Source: Animal Shelter – Outside Contracts

This is a Request for Qualifications, Service contract

…………………………………………………………………………………………………….

REGULAR AGENDA – INTRODUCTIONS

INTRODUCTION OF ORDINANCES PURSUANT TO SECTION 3.9 OF THE EL PASO CITY CHARTER:

……………………………………………………………………………………………………..

15.

Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development:

………………………………………………………………………………………………………………

15.1.

Motion made by Mayor Pro Tempore Niland, seconded by Representative Noe, and unanimously carried that the following Ordinances, having been introduced pursuant to Section 3.9 of the El Paso City Charter, be ADVERTISED for public hearing:

ABSENT: Representative Acosta

NOT PRESENT FOR THE VOTE: Representative Robinson

An Ordinance authorizing the City Manager to sign a Contract of Sale and a Special Warranty Deed conveying a 0.7659 acre parcel of land being a portion of Section 17, Block 81, Township 2, Texas and Pacific Railway Company Surveys, City of El Paso, El Paso County, Texas, and any other documents necessary to complete the sale to Jobe Materials, L.P.

PUBLIC HEARING WILL BE HELD ON FEBRUARY 17, 2015

……………………………………………………………………………………………………..

16.

Goal 3: Promote the Visual Image of El Paso:

………………………………………………………………………………………………………………

16.1.

ABSENT: Representative Acosta

NOT PRESENT FOR THE VOTE: Representative Robinson

16.1. An Ordinance changing the zoning of the following real property known as Parcel 1: a portion of Section 2, Block 79, Township 3, Texas and Pacific Railway Company Surveys, City of El Paso, El Paso County, Texas, from R-F (Ranch and Farm) to C-2 (Commercial); and Parcel 2: a portion of Section 2, Block 79, Township 3, Texas and Pacific Railway Company Surveys, City of El Paso, El Paso County, Texas, from R-F (Ranch and Farm) to R-5 (Residential); and, Parcel 3: a portion of Section 2, Block 79, Township 3, Texas and Pacific Railway Company Surveys, City of El Paso, El Paso County, Texas, from R-F (Ranch and Farm) to C-2 (Commercial). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: South of Montwood Drive and East of Rich Beem Boulevard. Property Owner: Ranchos Real IV, LTD. PZRZ14-00064

PUBLIC HEARING WILL BE HELD ON MARCH 3, 2015

…………………………………………………………………………………………………….

REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

……………………………………………………………………………………………………..

17.

Goal 2: Set the Standard for a Safe and Secure City

………………………………………………………………………………………………………………

17.1.

R E S O L U T I O N

WHEREAS, the Federal Communications Commission (“FCC”) has issued an order to require reconfiguration the frequency allocations in the 800 MHz band and adopted a reconfigured channel plan for the 800 MHz band along the U.S. - Mexico, including the frequency allocated to the City of El Paso for its law enforcement communications;

WHEREAS, pursuant to the FCC Order, on October 29, 2013, the City of El Paso entered into a Planning Funding Agreement with Sprint Corporation that defines the respective obligations of each party regarding planning activities necessary to proceed with the implementation of the Reconfiguration, including Sprint’s obligation to pay for reasonable costs incurred in effecting the Reconfiguration;

WHEREAS, the planning activities under the Planning Funding Agreement were completed in October, 2014 and the City staff has negotiated the Frequency Reconfiguration Agreement and associated cost reimbursement with Sprint in order to commence the reconfiguration of the 800 MHz band and to effect a reconfiguration of the City’s affect frequency allocations; and

WHEREAS, City’s Department of Information Technology Services recommends that the Council approve the Frequency Reconfiguration Agreement.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the City Manager be authorized to execute the Frequency Reconfiguration Agreement with Sprint Corporation for the reconfiguration of the 800 MHz frequency as required by the Federal Communications Commission, which reconfiguration includes the frequency allocated to the City of El Paso for its law enforcement communications. City and vendor costs will be reimbursed by Sprint.

Motion made by Mayor Pro Tempore Niland, seconded by Representative Limón, and unanimously carried to APPROVE the Resolution.

ABSENT: Representative Acosta

NOT PRESENT FOR THE VOTE: Representative Robinson

17.1.1

R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the City Manager be authorized to sign the Agreement for Programming Services by and between the City of El Paso and R.T.C., Inc., a Texas Corporation, for a project known as “El Paso Statistical Area Communications System”, a sole source provider of programming services for all the re-banding and reconfiguration activities as a result of the April 1, 2013 adoption by the Federal Communication Commission and the Homeland Security Bureau of a reconfiguration channel plan for the 800 MHz band along the U.S.- Mexico border, in the amount of Forty Seven Thousand Three Hundred Thirty Five and No/00 Dollars ($47,335.00) to be paid by Nextel Communications, Inc.

Motion made by Mayor Pro Tempore Niland, seconded by Representative Noe, and unanimously carried to APPROVE the Resolution.

ABSENT: Representative Acosta

NOT PRESENT FOR THE VOTE: Representative Robinson

17.1.2

R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the City Manager be authorized to sign the Fourth Amendment to the Agreement for Professional Services by and between the City of El Paso and Federal Engineering, Inc., a Maryland Corporation, for a project known as “El Paso Statistical Area Communications System”, to add additional services necessary for Federal Engineering, Inc. to act as a primary project coordinator for all the re-banding and reconfiguration activities as a result of the April 1, 2013 adoption by the Federal Communication Commission and the Homeland Security Bureau of a reconfiguration channel plan for the 800 MHz band along the U.S.- Mexico border, in the amount of One Hundred Twenty Thousand Six Hundred Forty Four and No/00 Dollars ($120,644.00) to be paid by Nextel Communications, Inc. and thereby extending the contract amount from $764,220.55 to $884,864.55.

Motion made by Mayor Pro Tempore Niland, seconded by Representative Noe, and unanimously carried to APPROVE the Resolution.

ABSENT: Representative Acosta

NOT PRESENT FOR THE VOTE: Representative Robinson

17.1.3

Motion made by Mayor Pro Tempore Niland, seconded by Representative Noe, and unanimously carried to AUTHORIZE the Purchasing Director for Purchasing & Strategic Sourcing Department to issue a Purchase Order(s) to Trapeze Software Group, Inc., a sole source of 800 MHz Rebanding Support Services.

Additionally it is requested that the City Attorney’s Office review and that the City Manager be authorized to execute any related documents and agreements necessary to effectuate this award.

ABSENT: Representative Acosta

NOT PRESENT FOR THE VOTE: Representative Robinson

Department: Information Technology

Award to: Trapeze Software Group, Inc.

Mississauga, Ontario

Total Estimated Award: $41,433.34

Account No.: NA

Funding Source: NA

Reference No.: 2015-648

This is a sole source, (unit price) contract.

17.1.4

Additionally it is requested that the City Attorney’s Office review and that the City Manager be authorized to execute any related documents and agreements necessary to effectuate this award.

ABSENT: Representative Acosta

NOT PRESENT FOR THE VOTE: Representative Robinson

Department: Information Technology

Award to: Trapeze Software Group, Inc.

Mississauga, Ontario

Total Estimated Award: $41,433.34

Account No.: NA

Funding Source: NA

Reference No.: 2015-648

This is a sole source, (unit price) contract.

……………………………………………………………………………………………………..

18.

Goal 7: Enhance and Sustain El Paso’s Infrastructure Network

………………………………………………………………………………………………………………

18.1.

Motion made by Mayor Pro Tempore Niland, seconded by Representative Romero, and unanimously carried to AWARD Solicitation No. 2015-433 for Street Resurfacing 2015 to ZTEX CONSTRUCTION, INC., for an estimated total amount of $7,999,002.60.

ABSENT: Representative Acosta

NOT PRESENT FOR THE VOTE: Representative Robinson

Department: Engineering and Construction Management

Award to: ZTEX CONSTRUCTION, INC.

El Paso, TX

Base Bid 1: $7,999,002.60

Total Estimated Award: $7,999,002.60

Time for Completion: 365 Consecutive Calendar Days

Accounts: 580270-4740-190-28900-PCP13ST002RSY3

Funding Source: Street Infrastructure FY 13 and FY 14

It is requested that the City Manager be authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for execution of this award.

Work under this unit price contract is only an estimated value and will be ordered, performed, invoiced, and paid by measured quantity. The actual cost of this contract may be higher or lower than the total estimated value and will be the sum total of unit prices at the end of the contract term.

As a part of this award, upon the review of the City Attorney, the City Engineer may without further authorization from City Council approve contract changes which are necessary for proper execution of the work and carrying out the intent of the project, which are in accordance with applicable law, do not make changes to the prices and are within the appropriate budget.

This is a low bid, unit price contract. The Engineering & Construction Management Department recommends award as indicated to the lowest responsive and responsible bidder.

Representatives Noe and Ordaz commented.

The following City staff members commented:

Mr. Tommy Gonzalez, City Manager
Ms. Sylvia Firth, City Attorney, gave legal advice.

…………………………………………………………………………………………………….

REGULAR AGENDA - OTHER BUSINESS

……………………………………………………………………………………………………..

19.

MAYOR AND COUNCIL:

………………………………………………………………………………………………………………

19.1.

R E S O L U T I O N

A RESOLUTION OF THE CITY OF El PASO REQUESTING THE MEMBERS OF THE 84TH LEGISLATIVE SESSION OF THE STATE OF TEXAS TO SUPPORT LEGISLATION THAT SUPPORTS APPRAISAL DISTRICT LEGAL FEE REFORM, EQUITY APPEALS REFORM TO INCLUDE STANDARDS AND GUIDELINES, MANDATORY REAL ESTATE SALES PRICE DISCLOSURE AND OTHER PROPERTY TAX LAWS THAT WOULD HELP THE APPRAISAL DISTRICT MORE ACCURATELY AND FAIRLY APPRAISE ALL PROPERTY.

WHEREAS, Article VIII, § I of the Texas Constitution requires that all taxation shall be equal and uniform.

WHEREAS, § 6.0 I , TEX. TAX CODE, established the El Paso Central Appraisal District and makes it responsible for appraising property in the District for ad valorem tax purposes for each taxing unit imposing ad valorem taxes on property in the District; and

WHEREAS, § 23.01, TEX. TAX CODE, requires that, except as otherwise proved by the Texas Tax Code, all taxable property be appraised at its market value as on January 1; and

WHEREAS, § 23.0l (b), TEX. TAX CODE, requires that the market value of property be determined by the application of generally accepted appraisal methods and techniques; and

WHEREAS, the District determines the appraised value of a property by using mass appraisal standards in compliance with the Uniform Standards of Professional Appraisal Practice; and

WHEREAS, the Texas Tax Code does not require sales price disclosure of property so that appraisers have the tools they need to establish a property's market value; and

WHEREAS, research conducted by El Paso Times, Real Values for Texas, Texas Association of Appraisal Districts demonstrates that commercial property is generally valued lower than the actual sales price and market value; and

WHEREAS, the lack of sales price disclosure by commercial property owners results in inaccurate and undervalued commercial property; and

WHEREAS, the undervaluation of commercial property imposes an unfair burden on all other property owners, and, in particular, residential property owners; and

WHEREAS, the Texas Tax Code permits a property owner to protest or appeal real property on the basis that it is unequally appraised in comparison to other properties (equity appeals); and

WHEREAS, the Texas Tax Code, the Uniform Standards of Professional Appraisal Practice, and the Appraisal Institute do not provide standards of comparability to ensure that property is in fact equally appraised; and

WHEREAS, reductions in appraised value due to an equity appeal often result in appraised values lower than the actual sales price and market value; and

WHEREAS, valuations of all property, including commercial property, should be based on fair market value; and

WHEREAS, the Texas Tax Code does not allow an appraisal district to recover its attorney fees in an appeal to a court of an appraisal review board order under sections; and

WHEREAS, the District is required to bear the burden of the legal costs and attorney fees if a property owner is successful in an appeal of an appraisal review board order; and

WHEREAS, these issues directly affect local property owners in El Paso County, Texas, and

WHEREAS, these matters are within the authority of the Texas Legislature and cannot be addressed or remedied by actions taken by local governmental entities in El Paso County.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF EL PASO supports

appraisal district legal fee reform, equity appeals reform to include standards and guidelines, mandatory real estate sales price disclosure and other property tax laws that would help the Appraisal District more accurately and fairly appraise all property, including especially commercial property, during the 84^th Session of the Texas Legislature.

Mayor Leeser and Representative Lilly commented.

Motion made by Representative Lilly, seconded by Representative Ordaz, and unanimously carried to APPROVE the Resolution.

ABSENT: Representative Acosta

NOT PRESENT FOR THE VOTE: Representatives Robinson and Noe

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ADJOURN

Motion made by Mayor Pro Tempore Niland, seconded by Representative Ordaz, and unanimously carried to ADJOURN this meeting at 8:37 a.m.

NOT PRESENT FOR THE VOTE: Representative Noe

ABSENT: Representatives Acosta and Robinson

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APPROVED AS TO CONTENT:

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Richarda Duffy Momsen, City Clerk