Daily Newspaper and Travel Guide
for Pecos Country of West Texas
Thursday, October 19, 2000
County's local purchasing rights clarified
By ROSIE FLORES
PECOS, October 19, 2000 - County purchases are on the rise due to the
expansion at the Reeves County Detention Center and some local vendors
are benefiting from the extra spending.
"County purchases have increased because of the expansion and will continue
to do so," said Reeves County Auditor Lynn Owens. "Nothing has changed
as far as our purchasing policy," he said.
Questions arose over the additional purchases during a commissioner's
court meeting earlier this month, and Owens stated that as long as the
county stays within the law the purchases could be done locally. "We want
to give the local vendors as much business as we can, but we still have
to abide by the law," he said.
Texas law says that you cannot enter into contract over $25,000 with
the same vendor and putting it into components or sequential purchases
can get you into trouble. "As long as you don't do that intentionally,
it's alright," said Owens.
"I'm all for giving local vendors our business, but until we get a written
opinion from the district attorney or the attorney general's office, we
can't do anything," said Reeves County Judge Jimmy B. Galindo. "If we follow
the law we don't have anything to worry about."
Galindo stated that District Attorney Randy Reynolds has given them
the OK to purchase items from local vendors for unforeseen or unplanned
maintenance and repair supplies.
"You just don't know what you're going to need on a day to day basis,"
said Owens. "So therefore, you don't know what to bid on," he said. "If
you do sequential purchases in order to get out of bidding, you're breaking
Owens said it's too difficult to bid these items, because you don't
know what you're going to need, as far as day to day items. "All big items
should be bid out," said Owens.
Reynolds issued a letter to the county stating, "As you know all
laws including competitive bidding laws should be strictly adhered to,
but often should be analyzed on a case by case basis."
"In analyzing your position, I reviewed the statute, certain cases
decided under the statute, and recent attorney general opinions. I could
not find anything inconsistent with your anlaysis and position that subsequent
purchases under these facts could be made without bidding them out,"
"Therefore, at present I am in agreement with your position concerning
these subsequent purchases. I will continue to review cases in other matters
as they come across the desk concerning this statute and if I learn anything
different I will notify you immediately," said Reynolds. "I agree
that where purchases are made subsequent to initial purchases and are not
made with intent to avoid the bid law, this is an important consideration
in reaching this conclusion".
The competitive bidding requirements of the Local Government Code, Section
262, Subchapter C, the County Purchasing Act, states in part, "In applying
the competitive bidding and competitive proposal requirements established
by Subsection (a), all separate sequential, or component purchases of items
ordered or purchased, with the intent of avoiding the competitive bidding
and competitive proposal requirements of this subchapter, from the same
supplier by the same county officer, department, or institution are treated
as if they are part of a single purchase and of a single contact. In applying
this provision to the purchase of supplies, separate purchases of supplies
by an individual department are not considered to be part of a single purchase
and single contract by the county if a specific intent to avoid the competitive
bidding requirements of this subchapter is not present."
"The problem in question concerns the purchase of maintenance and repair
supplies. The Reeves County Detention Center, because of its size, requires
maintenance supplies in excess of the $25,000 competitive bid limitation.
While it is not possible to anticipate the item requirements, or the quantity
of every item that will be required during the year," said Owens.
The law states that before a county may purchase one or more items under
a contract that will require an expenditure exceeding $15,000, the commissioners
court of the county must comply with the competitive bidding or competitive
proposal procedures prescribed by this subchapter. All bids or proposals
must be sealed.
Marching contests to keep Eagle band busy Saturday
By LEIA HOLLAND
PECOS, October 19, 2000 - This weekend plans to be a busy one for the
Pecos High School Marching Band.
The band is scheduled to compete in the UIL Area Band Contest at 10
a.m. MDT, Saturday at the Socorro Special Events Center on the far east
side of El Paso.
As soon as the band finishes marching there they will load up the buses
and drive 60 miles to Las Cruces, New Mexico to perform in a multi-state
band contest at 12:45 p.m. MDT at New Mexico State University.
Pecos High School Band Director William Goff said the purpose of competing
in the second contest is to expose the students to different universities
who would be watching and give the students a chance to receive scholarships
as well as exposing them to different types of contest.
"We need to get our kids exposed to those things," he said.
Goff said this year's band has a lot of talented students that give
the band depth.
"This band has more depth and playing ability than we've had in the
three years I've been here," he said.
The Eagle Band of 184 students is scheduled to compete against Class
5A schools, because of the time conflict of area contest in El Paso.
"If we had competed against bands in our division we would have to be
in New Mexico at 10 o'clock," he said.
Because of that the band has been placed against the "Super 5As,." which
are the larger schools in the El Paso area.
"We're like the David going against all the Goliaths," Goff said.
A total number of 35 bands are scheduled to compete in Las Cruces, and
will come from Texas, New Mexico, Colorado and Arizona.
Goff said the band is not ready for contest yet but each band's personality
"Two years ago the band was not ready until they hit the field," he
said. "Last year's band was ready the Friday night before."
"I don't know when they'll (this year's band) be ready because their
personality is different."
Goff said the band is working hard however to be ready.
"They're worried, they're nervous and they're trying their hardest,"
Goff said just performing in the second contest would be good for the
band, to expose them to other contests and different kinds of pressure
and is not worried what place they get.
"If we make a good showing that's what counts," he said.
Before Saturday's contests, the band will perform at halftime of Pecos'
football game against the Fabens Wildcats.
The Socorro Special Events Complex is located about 15 miles from Fabens,
north of Interstate 10 on Loop 375, while New Mexico State University is
located just north of the I-10/I-25 junction in Las Cruces.
Parks nixes relocating Pattillo slander suit
By LEIA HOLLAND
PECOS, October 19, 2000 - A change of venue was denied this morning
by 143rd District Court Judge Bob Parks, who cited a lack of
evidence for refusing to relocate a lawsuit filed by attorney Mike McLeaish
for Jan Pattillo from Pecos to Monahans.
Parks made his ruling this morning at the Reeves County Courthouse in
connection with a slander lawsuit filed by Pattillo against attorney Bill
Weinacht and Reeves County Precinct 3 Commissioner Herman Tarin.
The suit was filed following this past spring's Democratic primary election
for Reeves County Commissioner. Pattillo's husband, David, finished first
in the field during the March primary, but was defeated by two-term incumbent
Tarin in the April runoff election.
McLeaish filed the change of venue because he said the influence Weinacht
and Tarin have in Reeves County would persuade the prospective jurors.
McLeaish motioned to move the trial to Ward County (Monahans), where
both Weinacht and Tarin have no influence on the public.
He also argued that it would be fair to move the trial because of the
popularity of not only Weinacht and Tarin but also Pattillo. Tarin was
first elected as county commissioner in 1992, while Weinacht served as
Reeves County Attorney from 1992-96 and is currently on retainer to the
Reeves County Commissioners Court to offer opinions and handle some legal
affairs for the county.
Both sides called many witnesses to state whether or not they believed
Pattillo would be able to receive a fair trial.
When Parks gave his decision he said he heard witnesses recommendation
to move the trial but did not see any evidence that the trial needed to
Tarin said that he believes the people of Reeves County are able to
make decisions based on the facts.
"I think we have fair people in Reeves County," he said. "It's a great
county and great people and they can make a fair decision."
McLeaish said they would try to find 12 people who do not know any of
the three parties but believes that would be hard.
"Our concerns remain the same," he said.
Students to attend drug-free rally Friday
By ROSIE FLORES
PECOS, October 19, 2000 - Pecos students will learn more about being
drug-free on Friday, when they participate in a Drug-Free Rally that will
include area law enforcement officials.
The annual District Drug-Free Rally will be held from 9:30 a.m. until
10:30 a.m. Friday, at the Eagle Stadium. All students will be bused to
the stadium on Friday morning for the one-hour event, which is being held
in conjunction with Red Ribbon Week that will be observed Oct. 23-27 in
Pecos public schools.
The rally is sponsored the Pecos-Barstow-Toyah ISD Guidance Counselors
with the assistance of the PHS Student Council, cheerleaders, administrators,
teachers, law enforcement agencies and the Pecos community.
The counselors invite the community to come support the fight against
drugs. A section has been reserved for visitors.
Red Ribbon Week will have a variety of upcoming events. In order, they
Monday, - Say Adios (Goodbye) to Drugs _ Wear Mexican Clothing;
Tuesday _ Team Up Against Drugs _ Wear your favorite team jersey;
Wednesday, - Put a Stop To Drugs _ Wear Red;
Thursday _ Too Cool for Drugs _ Wear Shades;
Friday _ Take Pride and Say "No" to Drugs _ Wear Purple and Gold.
All schools will be decorated with red to support the fight against
drugs. The counselors will be giving the students prizes throughout the
week for participation. Each school will have a drawing (bike/TV) for students
who have perfect attendance from Oct. 9-19.
The counselors invite the community to come support the fight against
PEDC to review proposed budget, marketing plan
PECOS, October 19, 2000 - The Pecos Economic Development Corporation will
meet at 2 p.m. Friday on the Second Floor of the Security State Bank building
at Second and Cypress streets to discuss several items, including the corporation's
financial statement and 2000-2001 fiscal year budget.
Also on the agenda will be discussion of a marketing strategy for the
Town of Pecos City, including a site selection process for businesses and
targeting industries seeking to relocate in the area.
The board will also discuss a portable building given to the Town of
Pecos City and a trip to the Maquila 2000 Trade Show in Juarez on Nov.
PECOS, October 19, 2000 - High Wednesday 75. Low this morning 54. Forecast
for tonight: Mostly cloudy with a 20 percent chance of showers or thunderstorms.
Low in the mid 50s. Southeast wind 5-15 mph. Friday: Cloudy with a 40 percent
chance of thunderstorms. High in the lower 70s. South to southeast wind
10-20 mph. Friday night: Rain and occasional thunderstorms. Low in the
mid 50s. Saturday: Mostly cloudy with a chance of showers and thunderstorms.
Low in the upper 40s to the lower 50s. High in the lower to mid 70s.
York M. "Smokey" Briggs, Publisher
Division of Buckner News Alliance, Inc.
324 S. Cedar St., Pecos, TX 79772
Phone 915-445-5475, FAX 915-445-4321
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Copyright 2000 by Pecos Enterprise