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199 1~~:: Regular Meeting August 10,1987 Page 10 Mayor Younger introduced for consideration three items involving the award of bid on the Woods Water Plant Project. Mayor Younger intro- duced approval to waive the provision of the contract wherein the contractor must perform 50% or more of the contract. Information was provided to the Council from Pro-Tech Engineering dated August 10, 1987 addressed to the attention of Larry Gilley wherein Kelly Kilber advised the Council the contractor would be performing 72% of the work and subcontracting 28%, so the approval of the Council to waive that provision of the contract was not necessary. Mayor Younger then introduced awarding of the bid. Mayor Younger moved to award bid to Payton Construction Company in the amount of $261,000.00 and Ms. Kissler seconded the motion, which passed unanimously. Mayor Younger introduced approval to fund a portion of the project from Water and Wastewater Utility Fund Balance in the amount of $75,000.00 and direction to Staff to prepare a budget amendment. It was consensus of Council to direct the preparation of same. Mayor Younger introduced for consideration approval to authorize use of contingency funds (a) $104.00 for legal services incurred by Scanio, Scanio and Breeden regarding the Coddington case, (b) $400.00 for ser- vices incurred by Salley Henly for providing assistance to City Council for Municipal Court Judge selection and (c) $8,039.00 for services per- formed by various individuals during the Municipal Court Judge vacancy [$3,720.00 - Linda Rodriguez; $2,955.00 - Marcos Hernandez; $696.00 - Scanio, Scanio and Breeden and $668.00 - Vincent Luizzi]. Mayor Younger moved for approval to authorize contingency funds for all these items and Ms. Kissler seconded the motion, which passed unanimously. Mayor Younger introduced a discussion regarding the Hotel Occupancy Tax and direction to Staff. Mayor Younger stated the Council had dis- cussed the Tourist Development Committee funding be on the same fiscal year as the City's and the combining of the Arts Subcommittee with the Tourist Development Committee. Mr. Gandy stated Jack Lindstrom had men- tioned there was some duplication having a separate Arts Subcommittee but that it might be good to put an Arts person on the Tourist Develop- ment Committee if the Arts Subcommittee is dissolved. It was direction of Council for the letter of termination of the present agreement to be prepared and presented at the August 24 meeting. Mr. Guerra stated he would certainly like to leave the discussion open for Mr. Nicola's comments to be received. Mr. Hernandez moved the Council adjourn into Executive Session pursuant to Article 6252-17, §§2(e), (f), (g) and (j), V.A.C.S., to discuss mat- ters where the duties of the City Attorney to the City pursuant to the Code of Professional Responsibility of the State Bar of Texas clearly conflicts with Article 6252-17; purchase of real property; duties and dismissal of a public officer or employee; deployment or implementation of security personnel or devices, respectively, and Mr. Guerra seconded the motion, which passed unanimously (10:13 p.m.). Mr. Brown moved the Council reconvene at 10:58 p.m. and Mayor Younger seconded the motion, which passed unanimously. The meeting adjourned at 11:0Ð"-..p.m. on motion made by Mr. Brown and seconded by Ms. Kissler. .. \ \.' ": \~ \".....~ ."")....'-"" .' \ \~ " . , p. E. Younger ~Mayor