The Odessa City Council is scheduled to appoint Dan Jones as city attorney again Tuesday night after violating the Open Meetings Act the first time it did so.
The council voted unanimously on April 11 to appoint Jones permanently to the position held by Natasha Brooks before she was fired Dec. 13.
However, an Austin attorney who volunteers with the Freedom of Information Foundation told the Odessa American the council violated the law because the council’s agenda said council members were only going to discuss and consider posting the job.
“By violating the required notice, that would make any action that they took subject to challenge in an Open Meetings Act lawsuit to have a court mind declare the action they took was in violation of the act and therefore void,” said Bill Aleshire.
According to Jones’ proposed contract, he will earn $190,000 a year and receive an annual car allowance of $7,200. Brooks earned $185,400 a year and had a $9,000 car allowance.
In addition, the council will discuss whether it wants to sign a contract with Performance Services Inc., an energy services company that helps school districts and cities save money through capital improvement projects.
If the projects don’t work, Performance Services would be obligated to compensate the city under the law.
During a recent work session meeting, representatives from the company said they think the city should replace all 45,000 of the city’s water meters, upgrade the wastewater treatment plant, build a 2 million gallon elevated water tank on the northside of town and convert all of the city’s buildings to LED lighting.
Also on Tuesday’s agenda the council will consider hiring attorney Jeffrey Moore on an hourly basis to help write and review Odessa Development Corporation incentive performance contracts.
Moore has agreed to work for the city at a cost of $250 an hour as opposed to other attorneys who would charge $1,000 an hour.
During its work session at 3 p.m. Tuesday, the council will consider whether it wants to fund $7 million in Texas Department of Transportation projects with the understanding the city will be later reimbursed.
According to documents submitted to the council, the vast majority of the money would go to Phase 2 of the Wildcatters Trail, $600,000 would be spent on Sherwood Park pedestrian signals and $350,000 would be devoted to an 87th Street sidewalk.
The Permian Basin Metropolitan Planning Organization says the future Wildcatters Trail would be more than 93,000 feet in length and run from UTPB in Odessa to the Scharbauer Sports Complex in Midland. The two-way, 12-foot wide trail would accommodate pedestrians, runners and cyclists, have marked crosswalks and trailheads with shade pavilions, restrooms, bike racks, drinking fountains, seating areas, information kiosks, public art, emergency call boxes and wayfinding signage.
Building the trail is expected to cost roughly $55 million and $225,000-$248,000 a year to maintain during its first six years.
According to the Permian Basin MPO, the state and federal government could provide some funding, but other money could come from sales taxes, economic development corporations, ONCOR, private donations and various foundations.
In other matters, the council will also hear a presentation on how hotel occupancy taxes are spent and discuss proposed procedures for selling city-owned real estate.
Also on the work session agenda is the possible rejection of bids made to remodel the Odessa Police Department’s first floor restrooms. According to documents submitted to the council, architects estimated the restrooms would cost $100,000 to remodel, but the bids came back for $208,139 and $275,600.
