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<br />special meeting, april 8, 1964, page two
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<br />Alderman Pool moved the approval of the Resolution. Alderman Moore
<br />seconded the motion. In the discussion which followed, Alderman Ruiz
<br />stated that he thought the cost of defending City employees should be
<br />paid out of City funds, but that Councilmen should procure their own
<br />counsel and bear the expense of~heir own defense, with no money being
<br />spent for that purpose from City funds. The Mayor said he did not agree.
<br />Alderman Pool said; "You would soon have a hard time getting anyone to
<br />serve on the City Council under that policy".
<br />The City Manager said if City OfficerS were excluded from defense by use
<br />of City funds, that he, as a City Official, would also like to be excluded,
<br />and provide his own counsel.
<br />Upon question, the City Attorney stated the defendants in Case No. 8138 I
<br />would have twenty days in which to answer the Citation, which in this
<br />case, would mean a period between April 21 and April 27, depending on the
<br />day which each individual named had been served with the Citation.
<br />Alderman Stokes asked the City Attorney whether, except for a general
<br />denial, there were any reason why this business could not be deferred until
<br />the new Council took office. Attorney Walker replied that he felt the new
<br />Council should have the responsibility of choosing counsel, since the City's
<br />involvement would be a long-term matter. Alderman Stokes agreed, saying,
<br />"We have to answer the suit, but the new Council should choose counsel".
<br />The Mayor asked the City Attorney whether the suit would he answered
<br />coHectively or individually. Mr. Walk,er repliedl "The counsel hired will
<br />decide that. I don't think the City should pay fOr more than one attorney.
<br />Individual defendants may hire the~r own counsel". Alderman Moore questioned
<br />.the phrase "or any suit connected herewith" in the Resolution. The City
<br />Manager answered that there was a possibility of other suits arising out of
<br />this suit, which would be directly connected, in which case, the same counsel
<br />employed by the City would defend, as in the rest of the suit. Alderman
<br />MOOre asked whether that would apply if he decided to crOSS-sue. The City
<br />Manager said no, that would be an individual matter, and would not apply.
<br />The question being called for, the fallowing vote was recorded,
<br />
<br />AYEl Moore, Pool, Stokes
<br />NAY; Ruiz
<br />
<br />The Mayor declared the motion carried, and the Resolution Passed and
<br />Approved.
<br />
<br />I
<br />
<br />An Ordinance regulating parking on the west side of Academy street was
<br />introduced. The Ordinance was read in full, Alderman Pool moved its
<br />adoption. Alderman Stokes seconded the motion, and on roll call, the
<br />fallowing vote was recorded:
<br />
<br />AYE. Moore, Pool, Ruiz, Stokes
<br />NAY I None
<br />
<br />The Mayor declared the motion carried, and the Ordinance Passed, Approved
<br />and Adopted.
<br />
<br />Copies of bids for lighting the new softball field in City Park were
<br />distributed. The Mayor stated he felt it was the responsibility of
<br />the present Council to make a decision on this matter, since it had
<br />been under consideration for a long time. He enquired whether the route
<br />of the new road through the Park had been considered in selecting the site.
<br />The City Manager said the plans had been discussed with the Highway Depart-
<br />ment, and the field would be well out of the route of the road. Mr. Fuller
<br />called attention to Bid # 2, which would cost the City $4,030 for materials,
<br />and $2,100 for labor. He explained that while this"was not,the lowest bid,
<br />that LCRA and the contractors had assured him that by using better equipment,
<br />the reduced maintenance and energy would overcome the increased cost in I
<br />three to five yearS. After a discussion .of the merits of the different bidS,
<br />Alderman Stokes moved that Ted Breihap Electric Co. be awarded Bid # 2,
<br />and that work be started immediately. Alderman Pool seconded the motion,
<br />and on roll call, the following vote was recorded,
<br />
<br />AYE; Moore, Pool, Ruiz, Stokes
<br />NAY, None
<br />
<br />The Mayor declared the motion carried and the bid awarded to Ted Breihan
<br />Electric Co.
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<br />p.f'~
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