The City Council of the City of Columbus, Texas met in regular session on Monday, September 24, 2001 at 6:30 p.m., in the Council Chambers of City Hall located at 605 Spring Street, Columbus, Texas, with the following present:

Mayor - Paula Frnka
Mayor Pro-Tem - Ester Chandler
Councilman - Leroy Sebesta
Councilman - Donald T. Churchill
Councilman - Ronnie Rogers
Councilman - DeWayne Kotrla
City Manager - David Stall
City Secretary - Jill Ready

1. Call to Order:

Mayor Frnka called the meeting to order at 6:30 P.M., September 24, 2001.

2. Invocation and Pledge of Allegiance: The invocation was given by Daryl Ready, Youth and Family Minister at St. Paul Lutheran Church. The Pledge of Allegiance was led by Mayor Frnka

3. Consent Agenda:

a. Approval of invoices.
b. Approval of minutes from August 24, 2001 and September 10, 2001 Council Meetings.
c. Approval of financial statements.

Councilman Rogers moved to approve the consent agenda as presented. Councilwoman Chandler seconded the motion. The vote was as follows:

AYES: Councilmen Sebesta, Churchill, Rogers, Kotrla and Councilwoman Chandler

The motion passed.

4. City Manager's Report:

City Manager Stall reported the following:

Employee hires and losses.

A meeting with all employees was held on September 12, 2001.

On September 21st the city’s computer system was attacked by the NIMDA virus. The computers are about 97% back up and running.

The First Baptist Church plans are under review. City management will meet with them to reconcile some issues found in the review.

The Colorado County Fair came and went with no difficulties for the Police Department.

The County Attorney will host a hot check seminar.

The curb and gutter project started on September 18th. Approximately 900’ will be done this year.

Texas Department of Transportation put new city limit signs up with the new population on them.

The headworks is now in place at the sewer plant. The auger should be on line by the end of this month.

Columbus Community and Industrial Development Board adopted its budget at their last meeting.

The Hydro-Test project has hit another snag.

The Chamber will be hosting a circus at the City Park on Montezuma on October 21st.

5. Citizen Presentations and Comments:

No citizens appeared before council at this time.

6. Consideration and Adoption of Ordinance Setting the City’s Maintenance and Operation Property Tax Rate:

Councilwoman Chandler moved to adopt an ordinance setting the city’s maintenance and operation property tax rate at $0.18881 per $100 valuation. Councilman Rogers seconded the motion. The vote was as follows:

AYES: Councilmen Sebesta, Churchill, Rogers, Kotrla and Councilwoman Chandler

The motion passed. A copy of the ordinance follows these minutes.

7. Consider and Act on Appointment of Member to the Library Advisory Board:

Upon the recommendation of the Library Advisory Board, Councilman Rogers moved to approve the appointment of Patty Simmons as a new member to the Nesbitt Library Advisory Board. Councilman Kotrla seconded the motion. The vote was as follows:

AYES: Councilmen Sebesta, Churchill, Rogers, Kotrla and Councilwoman Chandler

The motion passed.

8. Consideration and Action to Enter Into a Contract Between the City and Cleco Energy for the Purchase of Wholesale Natural Gas:

A representative with Cleco Energy was present to inform council about the company and answer any questions. He reported that Cleco is currently negotiating with MidCoast to purchase their system which would include Columbus. Cleco is also looking into bringing an alternate supply line to the City if a deal cannot be negotiated with MidCoast. City Attorney Ty Prause stated that there were some minor items in the proposed contract that he wants to discuss with the City Manager and a representative from Cleco. Councilman Kotrla moved to table action to enter into a contract between the City and Cleco Energy for the purchase of wholesale natural gas. Councilman Sebesta seconded the motion. The vote was as follows:

AYES: Councilmen Sebesta, Churchill, Rogers, Kotrla and Councilwoman Chandler

The motion to table action passed.

9. Consideration and Action to Enter Into an Interlocal Cooperation Contract Between the City and Texas Department of Public Safety for Purchase of Certain Forms, Manuals, and Supplies for the City to Use in the Breath Testing Program and Laboratory Alcohol and Drug Testing Program:

City Manager Stall explained that this contract was needed in order to comply with current laws. Councilman Sebesta moved to approve entering into an interlocal cooperation contract between the City and the Texas Department of Public Safety for the purchase of certain forms, manuals and supplies for the use in the breath testing program and laboratory alcohol and drug testing program. Councilwoman Chandler seconded the motion. The vote was as follows:

AYES: Councilmen Sebesta, Churchill, Rogers, Kotrla and Councilwoman Chandler

The motion passed.

10. Resolution Designating Houston-Galveston Area Council 2002 General Assembly Representative and Alternate:

Councilman Rogers moved to designate Ester Chandler as the representative to the Houston-Galveston Area Council 2002 General Assembly and Ronnie Rogers as the alternate. Councilwoman Chandler seconded the motion. The vote was as follows:

AYES: Councilmen Sebesta, Churchill, Rogers, Kotrla and Councilwoman Chandler

The motion passed.

11. Items from Councilmembers:

Councilman Seb esta thanked the City for coming out and completing the finish work on the storm sewer project in the Butler Addition.

12. Announcements:

Councilman Rogers announced that a Springtime Festival meeting will be held at 7:00 p.m. tomorrow.

13. Adjourn Into Executive Session as Authorized by Texas Government Code Section 551.071 for Private Consultation With Attorney to Seek Advice on Pending Litigation and Legal Matters:

Mayor Frnka recessed the meeting at 7:00 p.m. and entered into executive session. The executive session was recorded on audio tape and sealed in an envelope marked "September 24, 2001 – Executive Session for private consultation with attorney to seek advice on pending litigation and legal matters."

14. Return to Open Session:

The Executive Session adjourned at 7:28 p.m. and the council meeting reconvened into Open Session.

15. Consideration and Action to Approve Settlement Offer in the Case of Thompson vs. City of Columbus:

Councilman Rogers moved to consider the settlement offer in the case of Thompson vs. City of Columbus. Councilwoman Chandler objected to the question. Mayor Frnka asked council if they would consider the question. The council unanimously voted "No". No further action was taken.

16. Adjournment:

There being no further business, Mayor Frnka declared the meeting adjourned at 7:31 p.m.

______________________________

Mayor

ATTEST:

___________________________

City Secretary