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The Plainview City Council met on May 11, 2010 at 6:30 p.m. in the City Council
Chambers of the Plainview City Hall at 901 Broadway. The agenda for this meeting
was posted in City Hall at 4:00 p.m. on May 7, 2010. Mayor John C. Anderson
presided. Councilmembers present were: Kelvin Tipton- District 1, Charles N. Starnes
District 1, Cathy Waggoner- District 2, Belinda Pena District 3, David G. Garcia District
3, John N. Bertsch District 4, Virginio "V.O." Ortega- District 4, Ron Trusler- District 5,
Wendell Dunlap- District 6, and Roland Nash District 7.
Staff members present were: Greg Ingham -City Manager, Mike Gilliland- Director of
Public Works, Leslie Pearce -City Attorney, Will Mull- Police Chief, Dale Simpson
Director of Civil Service, Rusty Powers -Fire Chief, Eric Turner -Main Street/CVB
Coordinator and Belinda Hinojosa -City Secretary.
News Media Representative: Kevin Lewis Plainview Daily Herald
Guests present were: Kaye Tipton, Robert Waggoner, Raymond Pena, Kathy
Bertsch, Edna Anderson, Susie Starnes, Raymond Pena, and Cipriana Garcia
Councilmember Roland Nash delivered the invocation and led in the Pledge of
Allegiance.
Mayor Anderson recognized outgoing Councilmembers Kelvin Tipton, Belinda Pena and
John N. Bertsch.
Belinda Hinojosa, City Secretary gave the oath of office to incoming Councilmembers
Charles Starnes, Cathy Waggoner, David G. Garcia and Virginio "V.O." Ortega.
Mayor Anderson asked for nominations for Mayor Pro Tem for a two year term.
Councilmember Waggoner nominated Roland Nash as Mayor Pro Tem.
Councilmember Dunlap moved that the nominations cease. Councilmember Trusler
seconded. The nomination carried unanimously.
Mrs. Hinojosa gave the oath of office to Mayor Pro Tem Nash.
Councilmember Trusler moved to adopt the consent calendar. The motion was duly
seconded by Councilmember Dunlap and carried by unanimous vote. Items approved
on the consent calendar included the approval of the minutes of April 27, 10 and May 6,
2010.
William Mull, Police Chief presented for consideration on second reading Ordinance No.
10 -3526, an Ordinance Creating Chapter 17, Article III, Juvenile Curfews of the Code of
Ordinances of the City of Plainview, Texas Defining Terms; Providing Curfew Hours for
Juveniles; Offenses and Defenses for Juveniles; Penalty for Violation of the Curfew
Ordinance by Juveniles, Their Parents or Guardians, and Owners, Operators and
Employees of Business Establishments of a Fine not to Exceed $500; Repealer;
Severability Clause; Cumulativeness Clause; Conflicts Clause; Effective Date; And
Providing for Publication and Enforcement of Such Ordinance. He stated he is asking
the Council to pass a curfew for anyone under the age of 17. The curfew would be from
12:01 a.m. to 6:00 a.m. daily. This is used as a tool by police officers in controlling
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juvenile crime. The City has had curfews in place in 1994 and 1997. From 2000 to
2007, there was no curfew in place.
A violation of the curfew is a Class C misdemeanor. It is unlawful for a juvenile to be in
a public place within the City of Plainview, Texas to be in any motor vehicle operating or
parked in a public place, or to be in or on the premises of any establishment within the
city between the hours of 12:01 a.m. and 6:00 a.m. daily.
Chief Mull stated there are eleven exceptions or defenses to the curfew. The three
most common exceptions are if the student has their parent's permission, any school
activities or if the student has employment activities. Chief Mull asked the Council to
pass the curfew. He stated the curfew would be good for three years.
Mayor Anderson asked for public comment. Mr. Kelvin Tipton of 811 W. 11 st St. asked
if this curfew gave an officer probable cause to stop someone. He was advised yes.
Chief Mull also added that the curfew only applied to public places.
Councilmember Starnes moved to adopt Ordinance No. 10 -3526 on second reading.
The motion was duly seconded by Councilmember Waggoner and carried by
unanimous vote.
Mayor Anderson moved to go into closed meeting to deliberate the purchase,
exchange, lease or value of real property and consult with attorney on a matter in which
the attorney's duty to the government body under the Texas Disciplinary Rules of
Professional Conduct conflicts with the open meeting statutes in accordance with Tex.
Govt. Code, Sections 551.071 and 551.072: Groundwater rights in Hartley, Potter,
Carson, Roberts or Ochiltree Counties. The motion was duly seconded by
Councilmember Trusler and carried by unanimous vote.
Mayor Anderson recessed the meeting at 7:11 p.m.
Mayor Anderson called the meeting back in open session at 7:45 p.m. and announced
that no action would be taken on the matter.
There being no further business, Mayor Anderson adjourned the meeting at 7:46 p.m.
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Belinda Hinojosa
City Secretary
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