HomeMy WebLinkAbout10062 ORD - 01/06/1971ir ;n:l -o -jl -
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER
INTO A LEASE - PURCHASING AGREEMENT WITH RCA CORPORATION
INFORMATION SYSTEMS DIVISION, OF NEW JERSEY, CONCERNING
RCA SPECTRA 70 SYSTEM WITH SOFTWARE AND PROFESSIONAL
SYSTEMS SUPPORT TO ASSIST THE CITY OF CORPUS CHRISTI IN
THE IMPLEMENTATION OF ITS DATA PROCESSING SYSTEM, ALL AS
MORE FULLY SET FORTH IN THE LEASE- PURCHASING AGREEMENT, A
COPY OF WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF,
AND AS MORE FULLY SET FORTH IN THE PROPOSAL FROM RCA
CORPORATION INFORMATION SYSTEMS DIVISION, ON FILE IN THE
OFFICE OF THE CITY SECRETARY AND REFERRED TO HEREIN FOR
ALL INTENTS AND PURPOSES AS IF COPIED VERBATIM HEREIN;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY,
AUTHORIZED AND DIRECTED TO ENTER INTO A LEASE - PURCHASING AGREEMENT WITH
RCA CORPORATION INFORMATION SYSTEMS DIVISION, OF NEW JERSEY, CONCERNING
RCA SPECTRA 70 SYSTEM WITH SOFTWARE AND PROFESSIONAL SYSTEMS SUPPORT TO
ASSIST THE CITY OF CORPUS CHRISTI IN THE IMPLEMENTATION OF ITS DATA
PROCESSING SYSTEM, ALL AS MORE FULLY SET FORTH IN THE LEASE- PURCHASING
AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF,
AND AS MORE FULLY SET FORTH IN THE PROPOSAL FROM RCA CORPORATION
INFORMATION SYSTEMS DIVISION, ON FILE IN THE OFFICE OF THE CITY SECRETARY
AND REFERRED TO HEREIN FOR ALL INTENTS AND PURPOSES AS IF COPIED VERBATIM
HEREIN.
SECTION Z. THE NECESSITY TO AUTHORIZE THE EXECUTION OF THE
AFORESAID AGREEMENT AT THE EARLIEST PRACTICABLE DATE IN ORDER THAT THE
NECESSARY PROFESSIONAL SERVICES MAY BE COMMENCED WITHOUT DELAY CREATES
A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE
SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE
PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL,
AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND
HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE
BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND
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BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY
SO ORDAINED, THIS THE 6VIb DAY OF JANUARY, 1971.
. ATTEST:
CIT SECRE TA Y. 7
ROVED:
D Y OF - NUA, ,
C Y ATTORNEY
;fWIAY R
THE CITY OF CORPUS CHRISTI, TEXAS
THE STATE OF TEXAS X
COUNTY OF NUECES
EQUIPMENT LEASE AND SERVICE AGREEMENT
CITY OF CORPUS CHRISTI
POST OFFICE BOX 9277
CORPUS CHRISTI, TEXAS 78408
AND
RCA CORPORATION'
INFORMATION SYST DDS DIVISION
CHERRY HILL
CAMDEN, NE14 JERSEY 08101
The City of Corpus Christi, a municipal corporation and body
politic under the laws of the State of Texas, hereinafter called the
"City ", by and through its City Manager, R. Marvin Townsend, hereby
covenants and agrees with RCA Corporation, Information Systems Division,
a Delaware Corporation, hereinafter called "RCA ", for the considerations and
undertakings hereinafter expressed, as follows:
RCA hereby agrees to furnish to the City the equipment listed
on Schedule A hereof, hereinafter more particularly identified, together with
operational advice, support, and Instruction and the maintenance thereof,
as hereinafter provided'. .
1. Term of Agreement.
a. This Agreement is gffective from the date it is
accepted and shall remain in force for seven years from the date Monthly
Rental and Maintenance Charges shown on Schedule B commence•unless, fully
paid or terminated before that time.
b. After one year's use of the equipment or thereafter on
any annual anniversary, the City may terminate the Agreement upon at least
60 days prior written notice to RCA and may then, if desired, lease the
equipment on a month to month-basis at Commercial rates.
C. In addition to the above, the City's liability beyond
the then current fiscal period shall be subject to the appropriation of funds.
0 2. Charges.
a. The Total Monthly Rental and Maintenance Charges shown
on Schedule B entitle the City to the unlimited use of the equipment during
a calendar month, exclusive of the time required for preventive and remedial
maintenance.
b. The charge for fractions of a calendar month shall be
computed at the rate of 1 /30th of the Total Monthly Rental and Maintenance
Charges for each day the equipment was installed.
c. Charges shall commence as to each unit of equipment from
the date it is installed.
d. Unit Monthly Maintenance Charges shall be as shown on
Schedule B for the term of the Agreement, unless changed by subsequent
mutual agreement.
e. The Monthly Maintenance Charges cover the maintenance of
the equipment during a Principal Period of Maintenance consisting of
the same nine consecutive hours a day (including eal
g a period not exceeding
one hour), Monday through Friday, excluding locally observed holidays.
f. Except as otherwise herein provided in this Agreement,
charges for maintenance service outside of the Principal Period of Maintenance
or the selected Extended Principal Period(s) of Maintenance will be at
RCA's standard rates applicable at the time of rendering such service. The
minimum time charge for an initial service call in respect*
of any item of
equipment will be two hours, and additional service calls as to any item of
equipment within the same calendar day will bear charges based upon actual
working time.
3. Maintenance. Prior to the exercise of the Option to.purchase,
RCA will maintain the equipment as follows;
a. RCA will make periodic inspections and such preventive
maintenance tests, repairs, adjustments and replacement of parts as may
be necessary to maintain the equipment in normal operating condition, provided
that such maintenance services are made necessary by normal usage of the
equipment as determined by RCA. For the purpose of performing services hereunder.
RCA shall have full and free access to the equipment, including such consecutive
periods of time as' are required for preventive maintenance, consistent with
non— interruption of City's scheduled operation of said equipment.
—2_
Y �.y
s -.
b. The City will designate the.Principal Period of Maintenance
or the Extended Principal Period(s) of Maintenance for each site in advance.
The same Principal Period of Maintenance or Extended Principal Period(s)
of Maintenance shall be applicable to an entire Data Processing System,
consisting of a single processor and the peripheral equipment used in
conjunction with it.
C. The City may select Extended Principal Period(s) of
Maintenance as indicated in Article 2f, as hereinafter modified. The
consecutive hours per day of the Extended Principal Period of Maintenance
selected for the equipment on weekdays (Monday through Friday) shall be the
same consecutive hours every weekday; for all Saturdays, the consecutive hours
shall be the same; and for all Sundays, the consecutive hours shall be the
same. The City may choose different Extended Principal Periods of Maintenance
for Monday through Friday, for all Saturdays, and /or for all Sundays. (For
example, the periods, selected for Monday through Friday may be 7 A.M. to
11 P.M., all Saturdays 8 A.M. to 8 P.M., and for all Sundays 8 A.M. to
5 P.M.)
d. Preventive Maintenance will be scheduled on a mutually
agreeable basis within the Principal Period of Maintenance or the selected
Extended Principal Period(s) of Maintenance.
e. Only new .parts or parts of equal quality shall be used in
effecting repairs. Parts which have been replaced shall become the property
of RCA.
f. Where repairs or replacements are due to the City's
negligence, RCA will restore the equipment to normal operating condition
at RCA's prevailing rates for labor and materials.
g. The City is responsible for the performance of equipment
Care as prescribed in the appropriate Equipment Operating Manual.
h.- All remedial maintenance shall be provided on an "on- call"
basis after notification that the equipment is inoperative.
4. Option to Purchase.
a. The City has the option to purchase any or all of the equip-
ment at any time upon payment of amounts due on that date plus any arrearages,
'and the sale price less accumulated purchase option credits as shown on Sckdule A.
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b. Title to the equipment remains with RCA until the Option
to Purchase, and prior notice of intent to purchase by the City is not
necessary, or the accumulated Purchase Option Credit equals the sales
price, and thereupon title to the equipment shall pass to the City
without further action on the part of RCA except to execute and return to
the City such instruments as may be required under then applicable Uniform
Commercial Code to record vestment of title in the City.
C. If desired by the City, the Option to Purchase need
not be exercised and title will remain with RCA.
d. When fully paid, Monthly Rental and Maintenance Charges will
no longer apply. Thereafter, by mutual agreement, the City will pay RCA's
standard maintenance rates applicable at the time of providing such
maintenance
S. Equipment Changes.
a. The city has the privilege of extending this Agreement
to cover and apply to additional equipment after initial installations.
b. The City has the privilege of replacing units of equipment
for any new items then in RCA's product line.
c. After one year's use, peripheral items of equipment may
be cancelled upon at least 60 days prior written notice.
d. Equipment additions or replacements may carry a new Term
of Agreement of seven years at the RCA prices in effect at the time such
equipment is ordered.
e. Purchase Option Credit accumulated on equipment units
cancelled is not allowed.
6. Warranty and Damages. RCA warrants that the equipment listed
on Schedule A when installed by RCA will be in good working order and that
it will, properly used, perform according to the April 22, 1970, proposal
Of RCA to City. RCA will make all necessary adjustments, repairs and
replacements of the equipment while it is subject to this Agreement to
maintain the equipment in this condition. All equipment is supplied subject
to these warranties. RCA shall not be liable, including but not limited to
Indirect incidental, consequential or special damages, for damages incurred
by City or others arising out of or in connection with the leasing
maintenance, use or performance of the equipment.
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7. Taxes. There shall be added to the charges provided for in thZ%
Agreement amounts equal to any taxes levied after the date of this Agreement,
at the 1970 tax rate and assessment ratio, however designated, levied or based on
such charges or upon this Agreement or the equipment or any parts thereof or
repair or replacement thereto or service rendered in connection with any of the
foregoing, or the use of any of the foregoing, or any taxes or amounts in
lieu thereof paid or payable by RCA in respect of the foregoing, exclusive of
taxes based upon net income.
8. Payments. Invoices are to be paid within 30 days after
date of invoice.
9. Supplies and Disc Packs. Operating supplies to be used with
the equipment are to be furnished by the City and either meet RCA's
specifications or otherwise operate satisfactorily with the equipment and
neither damage it nor subject it to abnormal wear. The City shall not store
or mishandle supplies or disc packs in a manner causing their use to damage
the equipment. In the event the City fails to comply with the foregoing,
and the equipment is thus damaged or subjected to abnormal wear, the City
wi11 pay RCA its then prevailing rates for labor and materials to restore
the equipment to good working order.
10. Site. The City will prepare the equipment site and maintenance
area and furnish facilities as specified by the RCA Planning Guide at no
cost to RCA. The City shall provide adequate storage space for spare parts
and adequate working space including heat, light, ventilation, electric
current and outlets, for the use of RCA's maintenance personnel. These
facilities shall be within a reasonable distance of the equipment to be
serviced and shall be provided at no cost to RCA.
U. Alterations and Attachments. Alterations and attachments to
the equipment may be made after the City has received written approval of
same from RCA and has agreed to pay any additional maintenance charges.
Any programming changes necessitated by such alterations or attachments
will be the responsibility of the City.
12. Risk of Loss or Damage. While RCA has title to the equipment
and City is paying Monthly Rental and Maintenance Charges, the City shall
be relieved from all risks of loss or damage to the.equipment during periods
of transportation, installation and 'during the entire time the equipment
Is in the possession of the City, except when loss or damage is due to
fault or negligence of the City. At all other times, risk of loss or
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damage to the equip t shall be borne by the City
13. Transportation. All transportation, rigging and drayage •
charges for the equipment from RCA shipping point to the City's site and
return will be borne by the City. RCA will furnish a representative to
supervise the packing and unpacking of the equipment at no charge. The
method of shipment will be subject to RCA's approval.
14. Patents. The City agrees that RCA has the right to defend, or
at its option to settle, and RCA agrees, at its own expense, to defend
or at its option to settle, any claim, suit or proceeding brought against the
City on the issue of infringement of any United States patent by any
product, or any part thereof, supplied by RCA to the Customer under this
Agreement. RCA agrees to pay, subject to the limitations hereinafter set
forth in this article, any final judgment entered against the City on such
issue in any such suit or proceeding defended by RCA. The City agrees that
RCA at its sole option shall be relieved of the foregoing obligations unless
the City notifies RCA promptly in writing of any such claim, suit or proceeding,
and at RCA's expense, gives RCA proper and full information and assistance to
settle and /or to defend any such claim, suitor proceeding. If the product,
or any part thereof, furnished by RCA to the City becomes, or in the opinion of
RCA may become, the subject of any claim, suit or proceeding for infringement
of any United States patent, or in the event of an adjudication that such
product or part infringes any United States patent, or if the use, lease or
sale of such product or part is enjoined, RCA may, at its option and its
expense: (1) procure for the City the right under such patent to use,
lease or sell, as appropriate, such product or part, or (2) replace such
product or part with other suitable products or parts, or (3) suitably modify
such product or part, or (4) if the use of such product or part shall be
prevented by injunction, remove such product or part and refund the aggregate
payments and transportation costs paid therefor by the City, less a reasonable
sum for use and damage and any maintenance furnished hereunder. RCA shall
have no liability for any infringement arising from: (i) the combination of
such product or part with any other product or part not furnished hereunder to
the City by RCA, or (ii) the modification of such product or part unless such
modification was made by RCA, or (iii) the use of such product or part
in practicing any computer - controlled chemical, manufacturing or physical
control process except where such product or part was.sold or leased for the
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agreed written specific purpose of practicing such process, or (iv) the
furnishing to the C it y of any information, data, service or application
assistance, exclusive of software, programs, maintenance or operational
handbooks supplied with the products or parts furnished hereunder.. RCA
shall not be liable for any cost or expenses incurred without RCA's written
authorization. The foregoing states the entire warranty by RCA, and the
exclusive remedy of the City, with respect to any alleged patent infringement
by such product or part. No transaction hereunder shall convey any license
by implication, estoppel or otherwise, under any proprietary or patent
rights of RCA, to practice any process with such product or part, or for the
combination of such product or part with any other product or part.
15. General.
a. Neither party shall be considered in default in performance
of its obligation hereunder if performance of such obligations is prevented
or delayed by acts of God or government, labor disputes, failure or delay of
transportation, or by vendors or subcontractors, or any other similar cause(s)
or any cause(s) beyond the reasonable control of the party.
b. RCA will provide such instruction for the City's personnel
as may be necessary to train the present operating and programming staffs, as
well as new personnel, as more fully hereinafter stated.
c. This Agreement expresses the entire understanding of the
parties with reference to the subject matter hereof, and no representations
or agreements modifying or supplementing the terms of this Agreement shall
be valid unless in writing signed by a person authorized to sign Agreements
on behalf of each party.
d. This Agreement shall be construed and governed by the law
of the State of Texas. .
e. This Agreement is further subject to the representations,
promises and guarantees set forth by RCA in its proposal to the City of
Corpus Christi,, dated April 22, 1970, a true copy of which, marked Exhibit "A ",
is annexed hereto and by this reference incorporated herein, and upon which
the City has materially, wholly relied in deciding upon and entering into this
Agreement, and is further modified, as to the City's pecuniary obligation
to RCA in any one month for "call —in maintenance ", under Section (2),
Paragraph (f) of this Agreement, in that, per the letter of D. D. Hill, Marketing
Representative, RCA, Houston, Texas, dated December 17, 1970, a true copy of.
Cat
which is marked Exhibit "B ", is annexed hereto and by this reference
incorporated herein, such period- maintenance of equipment listed in
Schedules A and B, respectively marked Exhibits "C" and "D ", annexed
to and by this reference incorporated herein, shall never total more than
$340.00 for any month during the term hereof. Further, it is agreed that in
the event the City subsequently causes an RCA Spectra 70/35 imulator to
be installed under this Agreement, additional call -in maintenance for such
imulator shall not be added into the charges, to the end that the City's-
Equipment Schedules A and B, plus imulator maintenance, total monthly
call -in maintenance charge shall not exceed $340.00.
f. Without limitation or diminution of the foregoing,
it is further hereby expressly agreed, for greater particularity and under-
standing, that RCA shall furnish the City the kstems Support described as
follows:
RCA shall furnish systems support on a continuous basis without
charge for the life of this contract. This service shall be furnished
as reasonably required in addition to the twelve (12) man months submitted
in the RCA Customer Support Program dated April 22, 1970, which is being
adopted as part of this contract.
g. Without limitation or diminution of the foregoing, it
is further hereby expressly agreed, for greater particularity and understanding,
that RCA shall furnish the City's designated personnel Education and Training
described as follows:
RCA shall train and re -train personnel (both management and
operating personnel) of the City of Corpus Christi on a continuous basis
as required to insure maximum effectiveness of the data processing system.
This training shall be in excess of the four (4) man months specified in the
Proposal dated April 22, 1970, which is being adopted as part of this contract.
RCA will provide properly trained and qualified personnel
for systems support, education and training of City personnel to assist the
City. Assignment and retention of such RCA personnel for the above purposes
in performance of this Agreement shall be subject to continuing mutual agree -
went of the parties.
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b. Without limitation or diminution of the foregoing,
it is further hereby expressly agreed, for greater particularity and
understanding, that the RCA Customer Support Program of said proposal of
April 22, 1970, Pages I -51 through 58, shall be strictly observed by both
City and RCA.
i. It is further hereby expressly agreed that only newly -
manufactured, unused RCA equipment shall be installed hereunder, except
refurbished equipment may be installed upon prior written consent of the
City.
f. This Agreement is subject to acceptance by RCA at the
Home Office in Cherry Hill, N. J., and, upon acceptance, RCA shall cause
an Assistant Secretary, or other duly identified, authorized or acknowledged
officer of the corporation, to furnish the City an original acceptance,
accompanied by a sworn statement of such Assistant Secretary or other officer
as to the identity of the person signing such acceptance and shall furnish
City a true, certified copy of the minutes, by -law, or resolution of RCA
authorizing such person to execute acceptance of this Agreement.
This Agreement is executed in duplicate originals by the
authorized officers whose signatures are affixed hereon.
ATTEST:
City Secretary
APPROVED:
DAY OF JANIIARY, 1970:
City Attorney
ATTEST:
Secretary
CITY OF CORPUS CHRISTI
BY R. Marvin Townsend
City Manager
RCA CORPORATION, INFORMATION SYSTEMS
DIVISION, CHERRY HILL
Sy
st +rn��nri�
ttcrun�r
Mr. Archie Walker
Assistant City Manager pJ=
City of Corpus Christi
Post Office Box 1622 December 17, 1970
Corpus Christi, Texas 78403
SUBJECT: RCA Data Processing Equipment agreement 127-00-060
(Rev. 8/69) clarification as requested by City Management.
Because the City of Corpus Christi cannot sign an open -ended
agreement, RCA will not bill the City in excess of 5340,00 for any
one month for call -in maintenance under section (2) Paragraph (F7 for
the equipment listed in schedules A and B.
Expeditious execution of the enclosed Contract will enable
RCA to begin establishing education and conversion schedules and
start providing complete services to you and your staff.
Please sign five original copies and return to RCA.
' Sincerely
D. D. Hill
Marketing Representative
EXH 1 i31 T "B"
0
Quantity
Model
SCHEDULE A
EQUIPMENT SCHEDULE
Description
Unit Sales Price
Extended Sales Price
'Monlhly Purchase
Option Credit
r
• 1
70/35 -D
Processor (32K) s
145,500
s 145,500
s 1,732.12
1
5030
Selector Channels (1)
8,550
8,550•
101.66
1
70/97 -20
Console
17,250
17,250
205.30
1
70/236 -10
Card Punch (300 CPM)
36,400
36,400
433.28
1
70/237 -10
Card Reader (1435 CPM)
31,550
31,550
375.50
.1
5211 -1
End of File
N/C
N/C
N/C
1
70 /243 -30
Printer (1250 LP14)
50,950
50,950
606.46
=
1 '
5333 -1
Form Stacker (Printer)
1,450
1,450
17.22
V.
1
70/432 -1
Tape Unit 30KB (2 Drives)
27,350
27,350
325.58
1
70/472 -108
Tape Controller (1 x 8)
33,950
33,950
404.14
1
70/551
Random Access Controller
25,500
25,500
303.48
1
5501 -18
I/O Feature
N/C
N/C
N /C•,
>
1
55'_2
Record Overflow Feature
500
500
5.80
2
70/564
Disc Storage Unit
25,510
51,020
607.38
Totals
' $429',970.
i.
TOTAL SALES PRICE $— �429,92U '
Equipmcnt Delivery Date within 90 days after acceptance of contract.
' -M ly Purchase Option Credit Is 1 /84th of the Extended Sales Price of the Equipment r
4
R
0
Total Total Total
C h at Contract Date Monthly Rental: $_ 6, 538:00 Monthly Maintenance: $ 1, 3_9•.00 Monthly Charges: 1 7 ±$37.00
SCHEDULE B
1
P...ity
Unit Monthly
Extended
Unit Monthly
Extended
j
Model
Rental Charge
Sub -Total
Maintenance Charge
Sub - Tolal
1
70/35D $
;x2,096
$ 2,096
$' 232.00
$ 232.00
1
5030
123
123
20.00
20.00
1
70/97 -20
270
270
27.50
27.50
I
1
70/236 -10
570
570
222.50
222.50
1
70/237 -10
494
494
180.00
180.00
1
5211 -1
N/C
N/C
N/C
N/C
1
70/243 -30
798
798
258.75
258.75 .
1
5333 -1
23
23
5.00
5.00
D
1
70/432 -1
428
429
138.50
im,so
1
70/472 -108
531
531
72.00
72.00
to
1
70/551
399
399
54,25
54.25
x
1
5501 -18
N/C
N/C
N/C
N/C
Ilk
1
5512
8
8
1.00
1.00
• 2
70/564
399
798
68.75
;3137.50
Total Total Total
C h at Contract Date Monthly Rental: $_ 6, 538:00 Monthly Maintenance: $ 1, 3_9•.00 Monthly Charges: 1 7 ±$37.00
C /orpus Christi,, cas
CP � day of �2 19
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing
ordinance, a public emergency and imperative necessity exist for the suspen-
sion of the Charter rule or requirement that no ordinance or resolution shall
be passed finally on the date it is introduced, and that such ordinance or
resolution shall be read at three meetings of the City Council; I, therefore,
request that you suspend said Charter rule or requirement and pass this ordi-
nance finally on the date it is introduced, or at the present meeting of the
City Council.
Respectfully,
f OR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jack R. Blackmon
fF.
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr�(
Eduardo E. de Ases `1__
Ken McDaniel
W. J. "Wrangler" Roberts/
Ronnie Sizemore
The above ordinance was passed by the fo owing vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr,`
Eduardo E. de Ases E'
Ken McDaniel !�
W. J. "Wrangler" Roberts ,/ ,
Ronnie Sizemore