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RESOLUTI ON 88-02
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RESOLUTION AUTHORIZING EXECUTION OF A
CONTRACT FOR THE SALE OF APPROXIMATELY 6.3486
ACRES TO THE METROPOLITAN TRANSIT AUTHORITY;
APPROVING SUCH CONTRACT; AND CONTAINING
FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT.
WHEREAS, the City of West University Place, Texas (the
"City") has and is conducting negotiations wi~h the Metropolitan
Transit Authority of Harris County, Texas ("METRO"), with respect
to the sale by the City to METRO of two certain tracts of land
containing, in the aggregate, approximately 6.3486 acres, located
in the Robert Vince Survey, Abstract 22, and the Wm. Ford Survey,
Abstract 1026, in Harris County, Texas, together with certain
improvements and fixtures located thereon (all of such property
being hereinafter referred to collectively as the "Property");
and
WHEREAS, the City Council has obtained an appraisal of the
Property performed by Luedemann & Associates and dated June 17,
1987, a copy of which is attached hereto and incorporated herein
by this reference (the "Appraisal"); and
WHEREAS, the Appraisal indicates that the value of the
Property is $5.50 per square foot plus $148,363 for improvements
(which includes $55,000 as salvage value for equipment); and
WHEREAS, because the City proposes to sell approximately
276,544 square feet plus all of the improvements except for the
salvage value pf equipment, the Appraisal indicates a fair market
value of $1,614,555, and the City Council does hereby find and
determine that the proposed sale price of the Property is not
less than such fair market value determined by the Appraisal; and
WHEREAS, the City Council finds and determines that the
Property is not owned, held or claimed as a public square, park,
or site for a city hall or other municipal building and that the
Property is not an island, flat or submerged land; and
WHEREAS, the terms and conditions of such sale of the
Property have been incorporated ina certain Contract for the
Sale and Purchase of Real Property (the "Contract") executed on
March 4, 1988 by Richard R. Rockenbaugh, City Manager of the
City, and on March 8, 1988 by Robert H. Thornton, Director of
Real Estate for METRO (a copy of which Contract is attached
hereto and incorporated herein by this reference), which Contract
by its terms will not become effective unless and until approved
by the City Council of the City (the "Council") and the Board of
Directors of METRO, to which Contract reference is here made for
all purposes; and
WHEREAS, the Council believes that the approval of the
Contract and the consummation of the transactions contemplated
thereby would be in the best interests of the City;
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NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
Section 1. That the Contract and the execution of the
Contract on behalf of the City on March 4, 1988 by Richard, R.
Rockenbaugh, City Manager, are hereby approved, ratified and con-
firmed in all respects.
Section 2. That all actions by any and all members of the
Councilor the officers or authorized employees or agents of the
City taken and performed up to the date hereof with respect to
the negotiation, formulation, preparation, execution and delivery
of the Contract be, and they hereby are, approved, ratified and
confirmed in all respects.
Section 3. That the City enter into and consummate the tran-
sactions contemplated by the Contract, and that Michael L. Parks,
the Mayor of the City, and Richard R. Rockenbaugh, City Manager
(together the .. Authorized Officers" and singly an "Authori zed
Officer") be and each is hereby authorized and empowered in the
name and on behalf of the City to execute and deliver the Special
Warranty Deed, Bill of Sale and other instruments provided for in
the Contract in order to effect the sale of the Property to METRO
as provided in the Contract, all such instruments to be in such
form as such Authorized Officer and James L. Dougherty, Jr., City
Attorney, shall approve, which approval shall be conclusively
evidenced by such Authorized Officer's execution of such
instruments.
Section 4. That the Authorized Officers be, and each of them
hereby is, authorized and directed to prepare, execute and
deliver, from time to time, all other such documents or perform
such actions related to, contemplated by, or necessary, advisable
or convenient to the Contract and transactions contemplated
thereby that such Authorized Officer deems, in his sole discre-
tion, to be necessary, advisable or convenient, which deter-
mination shall be conclusively evidenced by his execution,
delivery or performance thereof.
Section 5. If any word, phrase, clause, sentence, paragraph,
section or other part of this resolution or the application
thereof to any person or circumstance, shall ever be held to be
invalid or unconstitutional by any court of competent jurisdic-
tion, the remainder of this resolution and the application of such
word, phrase, clause, sentence, paragraph, section or other part
of this resolution to any other persons or circumstances shall not
be affected thereby.
Section 6. All resolutions and parts of resolutions in
conflict herewith are hereby repealed to the extent of the
conflict only.
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Section 7. The City Council officially finds, determines and
declares that a sufficient written notice of the date, hour,
place and subject of each meeting at which this resoltuion was.
discussed, considered or acted upon was given in the manner
required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN.
art. 6252-17, as amended, and that each such meeting has been
open to the public as required by law at all times during such
discussion, consideration and action. The City Council ratifies,
approves and confirms such notices and the contents and posting
thereof.
Section 8. This resolution shall take effect immediately
upon its adoption and signature.
PASSED AND APPROVED thi s the 14th day of
1988.
March
,
Councilmembers voting Aye: Mayor Parks, Counci lmembers Bryan, Bell,
Schwartzel
Councilmembers voting No: None
Councilmembers Absent: Counci lmember Britton
Signed:
ATTEST:
Secretary
APprov~ to :orm:
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James L. Dougherty, Jr.
City Attorney
( SEAL)
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CONTRACT FOR THE SALE AND
PURCHASE OF REAL PROPERTY
THE CITY OF WEST UNIVERSITY PLACE ("Seller"), and NETROPOLITAN TRANSIT
AUTHORITY OF HARRIS COUNTY, TEXAS ("Purchaser"), in consideration of the
following mutual promises and obligations and for other valuable consid..1
eration, agree as follows:
1. A~reement for Sale of the Prooertv Subject to the terms and con-
ditions of this Contract, Seller agrees to sell and convey to Purchaser and
Purchaser agrees to purchase the following property (collectively, the
"Property"):
a. ~ Fee simple title to two (2) tracts of land containing a total
of approximately 6.3486 acres, more particularly described in EXHIBIT A
attached hereto (collectively, the "HETRO Tracts").
b. Improvements. Those certain improvements and fixtures _ located on
the METRO Tracts consisting of a metal maintenance building of approximately
125 ft. x 70 ft.; approximately 2,130 linear ft. of chain link fence and
gates; approximately 1,300 linear ft. of railroad spur track with turn-out and
switches; three (3) concrete constructed buildings; and six (6) mercury vapor
lights on metal poles 30 ft. in height (collectively, the "Improvements"). I
c. Utilities. All of Seller's rights or interests in all utilities~
utility lines, utility connections, utility commitments, utility capacity and
other rights, capital recovery charges and other fees paid by Seller, and any
reimbursements or other rights belonging to Seller which pertain to any utilt
ities or utility services provided, to be provided, or available to all or any
part of the ~IETRO Tracts described above (collectively, the "Utilities"). I
2. Matters Affectin~ the HF.TRO TrA~t~ a. Seller has been leasing the
METRO Tracts to TXI, Inc., under a lease that expires on March 31, 1988. upoti
the expiration of such lease, Seller shall not renew or extend such leaseL
Seller expressly reserves its residual interest as landlord under such leas~
in and to any personal property of !XI, Inc. that has been abandoned by TXII,
Inc. following the Closing and following its vacating the premises describe~
in such lease. Upon Purchaser's reasonable determination that any personal
property of TXI, Inc. has been abandoned, Purchaser shall give written notic~
thereof to Seller and Seller shall have thirty (30) days after such notice to
remove such abandoned personal property froni the METRO Tracts, at Seller' ~
expense. Any abanqoned personal property not removed by Seller within such
thirty (30) day period shall automatically be subject to disposal ar
Purchaser's sole discretion, and Seller shall have no further right, title or
interest therein and no right to any compensation therefor. The obligations
of Seller and Purchaser under this Paragraph 2(a) shall survive the Closing. I
b. Purchaser has conducted its own soil tests and environmental
inspection of the ~IETRO Tracts, through which it has become aware of the
existence on the t1ETRO Tracts of certain materials (the "Deposits") that ar~
or may be subject to state and federal environmental statutes and regulations
applicable to solid waste, hazardous waste, or other pollution. The existence
of such Deposits on the ~IETRO Tracts shall not constitute an exception t'o
title nor a breach of any warranty by Seller as to the condition of the t1ETRO
Tracts. EXCEPT FOR WARRA~TIES AS TO TITLE, SELLER IS CONVEYING THE PROPERTY
WITHOUT ANY WARRANTIES Io.'HATSOEVER, EXPRESS OR H1PLIED, INCLUDING BUT NOT
LHIITED TO H1PLIED Io.'ARRAl\TIES OF HABITABILITY, ~IERCHA!'.TABILITY AND FITNESS FOR
ANY PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAUlED BY THE
SELLER. Purchaser hereby covenants and agrees to indemnify, defend and ho~d
Seller harmless from and against, and to reimburse Seller immediately, up~n
demand of Seller with - respect to, any and all liabilities, losses, fines,
judgments, awards, settlement amounts, damages, penalties, demands, lien+,
costs and expenses of any kind or nature (including, but not limited t?,
attorneys', engineers', consultants', and other professional persons' feeS a~d
costs incurred and any costs and expenses incurred in connection with any
investigation, study, or research) reasonably paid or incurred by Seller, ?r
levied or imposed on, or adjudicated by any judgment, ruling, or finding ?f
any court, administrative board, or other forum against Seller, as the reSUlt
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of or in connection with any claim, demand, notice, action, suit, proceeding
or private action, of any kind or nature by or before any governmental agency
(including, but not limited to, any and all local, state, county or federal
departments, commiss ions, boards, bureaus or agencies or other governmental
instrumentalities including but not limited to the Environmental Protection
Agency, Texas Water Commission, or the Texas Air Control Board) and related to
or arising out of, under or in any way pertinent or relative to the Deposits,
or any alleged act or omission of Seller or TXI, Inc. which is alleged to have
occurred or failed to occur at any time, either prior to or subsequent to
Closing, related to, arising out of, or in any way pertinent or relative to
the Deposits. The covenants and agreements contained in this subparagraph (b)
include, but are not limited to any claim, demand, action, notice, suit,
proceeding or private action based upon negligence (expressly including the
negligence of Seller or TXI, Inc. which might be alleged to be the sole or -a
partial cauSe of damages) strict liability, nuisance, trespass, ultrahazardous
activities, or any past, present or future federal, state, county, or city
statute, regulation, code, rule or ordinance, and specifically including but
not limited to any suit, claim, action, demand, notice, private action cir
proceeding under the Comprehensive Environmental Response, Compensation, and
Liability Act, 42 U.S.C. ~~ 9601, et. seq., or the Resource Conservation and
Recovery Act 42 U.S.C. ~~ 6901, et. seq. The covenants and agreements
contained in this subparagraph (b) shall survive the Closing. '
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3. Total ContrR"-t Pri~.. The total Contract Price of $1,614,829.00
shall be paid -by Purchaser to the Seller in cash at Closing for the Property.
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4. Tit1.. ~I..t-t-..~~ Purchaser shall have the right at the Closing 1;0
obtain an Owner Policy of Title Insurance (on a form prescribed by the State
Board of Insurance of the State of Texas) issued through Stewart Title
Company, 2200 West Loop South, Houston, Texas ("Title Company"), insuril1g
title to the Land in Purchaser in the amount of $1,614,829.00, subject only ~o
standard printed exceptions, those matters set forth in EXHIBIT B attach~d
hereto and any other exceptions to title which Purchaser may approve prior ~o
the Closing (the "Permitted Exceptions"), and rights of parties in posseSSil'n
of the ~IETRO Tracts.
S. Closin~' Clo,,;n.. nn~l1mpnTO:: a. The delivery by the respecti e
parties- of all of their Closing Items, as described in subparagraphs s.b a~d
S.C below (the "Closing"), shall take place at the offices of the Tit~e
Company on or before March 31, 1988. I
b. Seller's Clo,,;n.. Tt..m~ Ami Rpmdrpmpnt-o:: At or prior to the Clo~-
ing, Seller shall deliver to Purchaser, in form reasonably satisfactory FO
Purchaser, (I) a duly executed and acknowledged special warranty deed convey-
ing to Purchaser good and marketable fee simple title to the METRO Tracts artd
all Improvements, subject only to Permitted Exceptions; (2) a duly eXecut~d
arid acknowledged Bill of Sale conveying the Utilities to Purchaser, witho~t
warranty of any kind, express or implied; (3) actual possession of t~e
Property subject to the rights of parties in possession of the METRO Tracts;
(4) a resolution or ordinance duly adopted by the City Council of Sellj!r
authorizing the Seller to enter into and perform its obligations under th~s
Contract; (5) the legal opinion of Seller's counsel, opining that the Seller
has been duly authorized to enter into this Contract and to perform the
transaction contemplated hereunder, and that this Contract and all closihg
documents to which Seller is a party are valid and binding obligations of the
Seller, enforceable in accordance with their terms; and (6) all oth~r
documents that Seller agrees in this Contract to deliver to Purchaser at the
Closing. Upon Purchaser's request at or after the Closing, Seller w~ll
eXecute all additional instruments and documents as may be reasonably requi~ed
by Purchaser to transfer all of Seller's title and rights in the Property ,to
Purchaser.
c. Purchaser's Clo,,;n.. Tt~m" At the Closing Purchaser will deliver to
Seller the Contra"-t Price in cash; and, i_n form reasonably satisfactory Ito
Seller, (I) a resolution duly adopted ,,, f'urchaser' s Board of Directors d~ly
authorizing Purchaser to enter into and . -, perform its obligations under t~is
Contract; (2) the legal opinion of : ,rchaser's counsel opining th'lt the
Purchaser is a duly organiZed public boJ~' "-orporate, that the Purcha..,,!- has
been duly authorized to enter into this Contract and to perform the
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transaction contemplated hereunder, and that this Contract and all c10sinJ
documents to which Purchaser is a party are valid and binding obligations ofj
the Purchaser, enforceable in accordance Io:ith their terms (subject to suchi
qualifications as counsel may deem reasonably necessary with respect to thel
indemnification provisions of Paragraph 2. b above); and (3) all other docu-!
ments Purchaser agrees in this contract to deliver to Seller at the Closing. I
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6. No Adjustments at Closin~ for Taxes. Seller and Purchaser hereby'
agree that since both parties are tax-exempt entities and no taxes are due on'
the Property, the customary provisions for proration of ad valorem taxes ,:
assessments and maintenance charges on the Property shall not be necessary.
b. Closin2 Costs.
of Title Insurance, the
recording the deed, and
its own attorney's fees.
Purchaser shall pay the premium for the Owner Policy,
escrow fee charged by the Title Company, the fee for_
other customary Closing costs. Each party shall pay,
7. Remedies. After the Effective Date hereof, if either party defaults.
under this Contract, the non-defaulting party shall have, in addition to any,
other remedies available at law or in equity, the option of (a) terminating-
this Contract by giving written notice to the defaulting party at or prior to:
the Closing, or (b) enforcing specific performance of the provisions of this'
Contract. Notwithstanding the foregoing, if on the Closing day title to the:
Property is subject to encumbrances in addition to the -Permitted Except ions-
(other than encumbrances or exceptions caused or permitted by Seller after the
date of Seller's execution of this Contract), Se ller shall not be deemed in'
default but Purchaser shall have the right to terminate this Contract or to
take title to the Property subject to such additional encumbrances without any
adjustment to the Contract Price. If it shall be necessary for either party
to employ an attorney to enforce its rights pursuant to this Contract because
of the default of the other party, the defaulting party shall reimburse the
nondefaulting party for reasonable attorneys fees.
8. Miscellaneous. This Contract shall be binding upon and inure to the
benefit of Purchaser and Seller, and their respective successors and assigns;
The respective covenants and agreements of the parties as set forth hereini
expressly including but not limited to the provisions of Paragraph 2.b above,
shall survive the Closing. Seller and Purchaser each represents to the other
that it has not employed any broker or other person in connection with the
sale of the Property and each agrees to hold the other harmless from and.
against any claim made by any broker or other person claiming by, through o~
under such indemnifying party. This Contract and the exhibits attached to il
contain the complete agreement of the parties with respect to the sale of th_
Property and it cannot be amended or modified except by written agreement
signed by Seller and Purchaser. The paragraph headings herein are fot:
reference purposes only and are not intended in any way to describe, intert
pret, define or limit the scope, extent or intent of this Contract or any part
of it. If any portion of this Contract is held invalid or inoperative, the*
so far as is reasonable and possible the remainder of this Contract shall be
deemed valid and operative, and effect shall be given to the intent manifested
by .the portion held invalid or inoperative. The failure by either party tb
enforce against the other any term or provision of this Contract shall b~
deemed not to be a waiver of such party's right to enforce against the other
party the same or any other such term or provision. Time is of the essence ihj
the Clos ing of this Contract.
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9. ~Iultiple Ori.&i.nals; Effective Date:, This Contract may be execute~
in counterparts, each of Io:hich to;ill be an original and, when all of the
parties to this Contract have signed at least one copy, they together wi~l
constitute a fully executed and binding contract, to become effective,
however, only on the "Effective Date" hereof. The "Effective Date" of th~s
Contract shall be the date on which a fully executed counterpart original of
this Contract has been duly approved by the Board of Directors of Purchaser at
one of its regularly scheduled monthly public meetings, and duly approved ~y
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the City Council of Seller at a duly called regular or special
whichever approval date is later.
PURCHASER:
t1ETROPOLITAN TRANSIT AUTHORITY
OF HARRIS COUNTY, TEXAS
By: 1?,M-t4~~~
Name: 'eDIU!..e;T .... \iWe..TO~
Title: OIlZ.UTo1t. .f 126~'- ~T"'t'~
Date: ~n~', ,<tse
SELLER:
CITY OF ~~ST UNIVERSITY PLACE
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By' :
Na~e: lC ard R. RockenbauQh
Title: City Manager
Date: March 4, 1988
By:
Name:
Title:
Date:
0188164
WP0764
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Wcst University Place
TRACT 1:
DEING 6.2058 acrea (270,323 S.F.) of land situated in the
HIO. Ford Survey l\b!1tract 1026, Harrill County, Texas and ; being
that same parcel of land d~Gcribcd in a boundary line a9r~emcnt
by the City of Hl.!ot UnivcrGity at! rt!cordtld in lIarri!l County
ClerkG film Coda No. 067-35-0562, said 6.2056 acreu being Lot 1,
DIock 1 of W~otUlorcland Parmo, 'I'hi rd nubdlv ision as recorded in
Vol. 6, pagl! 12 of the liar ris County Hap nccordo, and being IIIOrl!
particularly dc~~ribcd by meteo and bouodo ao fo110w6: I_
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ALL diGtancea are ground, all bearings are lJrid, all coord i-
natea are ground from City of IIOU6too survey Marker 5055-1415,
point of origin, with a Combined Grid Factor of 0.9990849
referred to the 'l'exaa state Plane CQordinatea System, I nouth
Central Zone 4S established by the U.S. Coust and Geodetic ~urvey
in 1934. I
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COMMENCING at a 1/2 inch iron rod oet for the NOttheast
corner of Gifford-Uill tract which point is on the Northw~sterly
right-of-way U.S. 59 (Southwest Frecway)I I
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THENCE, with said right-of-way south, 62 deg. 57 min. 27
aec. Weat 846.90 feet to an 1/2 inch iron rod oct for the POINT
OF DEGIUNING, which point ia the Northeaot corner of Lot 1, which
corner haa coordinates of X=3,112,314.27, Y=703,~55.11, -
T1IENCE, with the East line of ---the Will. Ford Survey, South 02
deq. 22 min. 51 sec. EaGt 450.72 feet to a Get 2 incb brass cap
monum~nt mark~r on concrete for a corner on the north line of
Houston Lighting and -Power Co. Pee Strip as recorded in Vol.
1337, Pg. 114, of the Ilarria County Deed Rccordo,
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Weat 636.GO
corneq
with Baid north line south 87 deg.
feet to a 1/2 inch iron rod Bct for
38 lUin. 31 sec.
the southweot
'l'lIJ::NCE, with the east line of 14th Street (60' R.O.W.) North
02 dcg. 22 min. 44 sec. weat 398.56 f~et to an 1/2 inch iron rod
set in the South R.O.W. of the Southern Pacific- Transportation
Co. (100 I R.O.W.),
'rIlI::NCE, along said right-of-way North 82 de9.
sec. East 638.70 fcet to the POINT OF BEGINNING,
6.2050 (270,323 S.F.), more or leno.
57 niln. 27
containing
EXHIBIT "AIf
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West Univeraity place
TRACT 2:
BEING 0.1428 acres (6221 S.F.) of land oituated ~n the
Robert Vince Survey, Abotract 77, Harris County, Texas also being
that sallie parcel of land deeded to Weot University Place (;called
6165 S.F.) as recorded in "arria County Clerk'a film Code no.
067-35-0605, oaid 0.1428 ~creB being more particularly dcacribed
as followa; i
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ALL distances are ground, all bearings are 9ri~,- all
coordinates arc ground from City of Hounton Survey Marker! 5055-
1415, point of origin, with a Combined Grid Factor of 0.9998849
r~ferred to the Texas State Plane Coordinate system,: South
C~ntral Zone eotablished by the u.S. Coast and Geodetic su~vey in
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COMMENCING at an 1/2 inch iron rod sct on the northwest
right-Of-way of u.s. lJighway 59 (Southwest Freeway), (300 feet
R.O.W.), which point is also on the south line ot the !Robert
Vince Survey, J\b~tract 77, and further being on the north line of
a Houston Lighting and Power Co. Fee strip ao recorded in Vol.
1337, 119. 114, narris County Deed Records, which point has
coordinates X~3,112,6G5.68, Y~703,194.391 I
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TUENCE, along 9aid north line and aloo along the aaidfSurvey
line South 87 dcg. 30 min. 31 Gec West 301.96 feet to a 1/2 inch
iron rod aet for the POINT OF DECINNING, which COtner has
coordinates of X~3,112,363.97, Y=70J,101.971 I
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1'IlENCE, continuing with the H.L.&P. Co. boundary and said
Survey Line South 07 deg. 38 min. 31 sec West 30.00 feet to a 1/2
-inch iron rod set for a corner, which corner 1s the Southwest
corner of said Abatract 77 and alGo a re-entrant corner of the
II.L.&P. Co. Fee Strip;
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THEUCE, along the West line of odd survey North 02 deg. 22
min. 51 sec. West pausing at 24.07 feet a 2 inch brass c*p iron
marker set in concrete for U.L.&P. Co. north-northeast corner and
alao being the Southeast corner of a 6.2058 acree parcel deeded
to West Univcroity Place by deed recorded in Vol. 6652, Pg. 128,
Uarrio County dued r~cord5, and continuing with the East line of
aaid 6.2058 acres for a total distance of 474.79 feet to a 1/2
inch iron rod set for a corner 'in the Gouth ri<jht-of-way of the
~outhern Pacific Transportation Co. (100' R.O.W.)I
TIIENCE, with aaid right-of-wilY North 82 deg 57 niln. 27 sec.
East 5.02 feet to a 1/2 inch iron pipe act for a corner at the
northwcat corner of the Cifford-UU1 to Co. 284 ,619 S.F. Parcel as
recorded in lIar ris County Clerk's Pilm Code No. 067-35-059;5 I
'!'IlI::NCE, with the WeDI: boundary of said Gifford Ifill parcel
the followln9 3 courses and distances: - I
1. South 02 dog. 22 min. 51 GCC. Eaat 321.44 feet to an 1/2
inch iron rod set in the concrete for a cornerl I
2. North 07 d~9. 37 min. 09 scc. Eaot 25.00 feet to Ian 1/1
inch iron rod set in the concrete for a corncr, and,
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3. South 02 d~g. 22 min. 51 GCC. East 153.77 feet to the
paIN'!' OF HEGINUING, ont'Y..P~ 0.1428 ilcres (6,221
s.P.), Rlore or lC90. .J_~{~~~ ,.f~~' ~
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EXHIBIT "B"
PERMITTED ENCUMBRANCES
I
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1. Terms, conditions and stipulations of any and all Lease
Agreements, amendments and supplements thereto, existing
with the tenants in possession, whether written or oral and
whether recorded or unrecorded (affects both tracts),
including but not limited to lease as evidenced !by
instrument recorded under Clerk's File No. C-73963l of the
Real Property Records of Harris County, Texas, (Affects
Tract 1 only). I
. CBS104/07
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ADDITIONAL SIGNATURES AND CERTIFICATES
ON BEHALF OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS
[The following signatures and certificates apply to the attached
"Contract For The Sale And Purchase Of Real'Property" between the
City of West University Place ("City") and the Metropolitan
Transit Authority of Harris County, Texas.]
CITY OF WEST UNIVERSITY PLACE,
TEXAS, pursuant to the
authority of resolution adopted
by the City Council on March
14, 1987
BY(~~~'
Attest:
(SEAL)
~o 'LL
City s~eta~
:\~(
City Attorney
FINANCE DIRECTOR'S CERTIFICATE
I certify that the above and foregoing obligation complies
with a budget appropriation and that there is or will be enough
unencumbered money in said appropriation account to meet the
obligation when due.
Date'1~'." Ii, I'lPV
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RESOLUTION 88-03
RESOLUTION ESTABLISHING POLICIES AND PROCEDURES FOR
THE INVESTMENT OF FUNDS OF THE CITY OF WEST UNIVERSITY
PLACE AND CONTAINING FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
Section 1. (a) The following policies are hereby established for
the investment of funds of the City.
(1) Permissible Investment Items. Funds of the City not
on deposit with the City's depository bank may only be
invested in the following instruments:
(i) U.S. Treasury bills or notes (being direct
obligations of the United States) held for the City
by the Federal Reserve Bank of Dallas, or one of
its branches, which bills or notes have maturities
not longer than one year from the date of their
purchase. Such bills or notes shall be purchased
directly from a Fede~al Reserve Bank, unless
sufficient amounts cannot be purchased directly to
meet the City's needs, in which case such
securities may be purchased from others.
(ii) Certificates of deposit issued by state or
national banks domiciled in this state which
certificates are issued to and physically delivered
to the City and are guaranteed or insured, as to
their full principal amount and accrued interest,
by the Federal Deposit Insurance Corporation, or
its successor, which certificates have maturities
not longer than one year from the date of their
purchase. No more than $90,000 of City funds may
be on deposit with any single bank (other than the
City's depository), and no more than $1,000,000 in
principal amount of certificates may be invested in
any group of banks owned by a common bank holding
company.
(2) Authorized Persons. Any two of the following persons
are authorized to open any necessary investment accounts
for the City, to transfer funds into such investments
and to take such other customary actions as may be
necessary to implement this resolution: the City
Manager, the Director of Finance (and Treasurer), the
Mayor, and Mayor ProTem.
r=--~==._~c~-=,- - -----~----r-
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Resolution Numbe\~8-03
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(3) Manner of Execution. All such purchases and
investments shall be executed so that, at all times,
City funds are either collateralized in the depository
or invested in one of the permissible securities owned
by the City.
(4) Safekeeping. All such investments shall be held in
the most secure manner practicable, and they shall be
covered by insurance against loss.
(5) Yields. Before making any such investments, the
persons taking such action must survey the available
yields and take all reasonable action to maximize the
yield.
Section 2. All such investments shall be made in accordance with
TEX. REV. CIV. STAT. arts. 4413(34c) and 842a-2, and any other
applicable state law and the City Charter.
Section 3. If any word, phrase, clause, sentence, paragraph,
section or other part of this resolution or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this resolution and the application of such word, phrase, clause,
sentence, paragraph, section or other part of this resolution to any
other persons or circumstances shall not be affected thereby.
Section 4. All resolutions and parts of resolutions in conflict
herewith are hereby repealed to the, extent of the conflict only.
Section 5. The City Council officially finds, determines and
declares that a sufficient written notice of the date, hour, place and
subject of each meeting at which this resolution was discussed,
considered or acted upon was given in the manner required by the Open
Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended,
and that each such meeting has been open to the public as required by
law at all times during such discussion, consideration and action. The
City Council ratifies, approves and confirms such notices and the
contents and posting thereof.
Section 6. This resolution shall take effect immediately upon its
adoption and signature.
2
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Reso 1 uti on Numbe\~.~rl8-03
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PASSED AND APPROVED this the
1988.
21st
day of March
Councilmembers Voting Aye:
Mayor Parks, Councilmembers
Bryan, Britton, Schwartzel
Councilmembers Voting No:
Councilmembers Absent:
None
Councilmember Bel'
Signed:
ATTEST:
OJ~&"- ~
(SEAL) ()
3
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RESOLUTION NUMBER 88-04
A RESOLUTION PROVIDING FOR EXEMPTION OF CERTAIN VEHICLES FROM
IDENTIFICATION REQUIREMENTS; AUTHORIZING APPLICATIONS FOR SPECIAL
LICENSE PLATES; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY DF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. The City Council finds and determines that certain
City vehicles are used or will be used_ for the purpose of performing
official duties by the City's Police Department. Such vehicles shall
be exempted from the identification requirements of TEX. REV. CIV.
STAT. art. 6701m-2.
(1) Vehicles now in the fleet:
Make ~ .w4
1987 Ford Crown Victoria 2FABP72G3HX165258
1984 Chevrolet Impala 1G1AL6964EX153770
(2) Vehicles in process of delivery:
Make Model P.O. #
1988 Ford Crown Victoria 88-0026
1988 Ford Aerostar Van 88-0026
Section 2. The following persons are hereby authorized to submit
applications for special "undercover" license plates on behalf of the
City:
Richard R. Rockenbaugh, City Manager
Stephen M. Griffith, Chief of Police
Audrey Nichols, City Secretary
Section 3. If any word, phrase, clause, sentence, paragraph,
section or other part of this resolution or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this resolution and the application of such word, phrase, clause,
sentence, paragraph, section or other part of this resolution to any
other persons or circumstances shall not be affected thereby.
-Section 4. All resolutions and parts of resolutions in conflict
herewith are hereby repealed to the extent of the conflict only.
Section 5. The City Council officially finds, determines and
declares that a sufficient written notice of the date, hour, place and
subject of each meeting at which this resolution was discussed,
considered or acted upon was given in the manner required by the Open
Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and
that each such meeting has been open to the public as required by law
at all times during such discussion, consideration and action. The
City Council ratifies, approves and confirms such notices and the
contents and posting thereof.
c-----------~~- - ~~-~
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Couneilrnernbers Voting Aye:
PASSED AND APPROVED this the ~ day of March ,1988.
Couneilrnernbers Voting No:
Couneilrnernbers Absent:
ATTEST:
aJ,L,~
Audrey We ols. .
City Seer ary
(SEAL)
I.-------~-- -- ~-~--.,- -
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Mayor Pro Tern Bryan,
Couneilrnernbers Bell, Britton,
Sehwartzel
None
Mayor Parks
Signed:
B~~~"bem~
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RESOLUTION NUMBER 88-05
A RESOLUTION ADOPTING A PLAN FOR THE CONSTRUCTION OF FACILITIES
NECESSARY FOR THE USE OF SURFACE WATER BY THE CITY OF WEST UNIVERSITY
PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT.
WHEREAS, the Harris-Galveston Coastal Subsidence District
("HGCSD") has required the City to adopt a plan for the construction
of facilities that would allow the use of surface wateq"and
WHEREAS, the City is willing to adopt such a plan in order to
obtain permits for the withdrawal of groundwater for terms beginning
July 1, 1988, inasmuch as the City has no means of obtaining any water
ot~er than groundwater at this time;
WHEREAS, such plan would only address the construction of the
necessary facilities, because the information necessary to assess the
purchase of surface water is unavailable at this time;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. The City Council hereby adopts the "Surface Water
Facilities Conversion Plan" set out in the attached Exhibit A and
authorizes it to be formally filed with the HGCSD.
Section 2. If any word, phrase, clause, sentence, paragraph,
section or other part of this resolution or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this resolution and the application of such word, phrase, clause,
sentence, paragraph, section or other part of this resolution to any
other persons or circumstances shall not be affected thereby.
Section 3. All resolutions and parts of resolutions in conflict
herewith are hereby repealed to the extent of the conflict only.
Section 4. The City Council officially finds, determines and
declares that a sufficient written notice of the date, hour, place and
subject of each meeting at which this resolution was discussed,
considered or acted upon was given in the manner required by the Open
Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended,
and that each such meeting has been open to the public as required by
law at all times during such discussion, consideration and action. The
City Council ratifies, approves and confirms such notices and the
contents and posting thereof.
Section 5. This resolution shall take effect immediately upon its
adoption and signature.
--~-~-[::--.- ~~~"""-~~~'~-~-=:I-----'----- -------11" ,-~--~~~- - -- -,,,,-L._
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23rd day of
May
, 1988.
PASSED AND APPROVED this the
Councilmembers Voting Aye:
Mayor Parks, Councilmembers Bryan,
Bell, Schwartzel
Councilmembers Voting No:
Councilmembers Absent:
None
Councilmember Britton
u~~~~.
ATTEST:
~(~
Shelley andler
Assistant City Secretary
(SEAL)
Jr.
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City of West University Place, Texas
Operations Department
Public Works Division
SURFACE WATER FACILITIES CONVERSION PLAN
Presented To
The Harris-Galveston Coastal Subsidence District
5-24-88
Approved By The City Council
By Resolution No. 88- Qli
Passed And Approved May 2~1988
.............-
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I.
Introduction. The City of West University Place, Texas
("City") has estimated the date that surface water might be
available for purchase by the City. Based upon inquiries made to
the City of Houston, the City has learned that Houston is
planning the extension of a 66-inch water pipeline along the U.S.
Highway 59 corridor (the "Highway 59 Line"). The Highway 59 Line
would therefore be located in close proximity to existing water
production and storage facilities of the City as well as the
Houston-WUP Interconnection described below.
The Highway 59 Line is now estimated to be completed in 1994,
according to the latest report from Houston.
II.
Surface Water Conversion Facilities. Based upon engineering
work performed for the City, the City has determined that the
facilities necessary to convert to 80% surface water usage would
be as follows:
(1) Houston-WUP Interconnect
This facility, completed last year, is a direct
12-inch interconnection between the water systems
of Houston and the City in the Wakeforest street
alignment. It includes taps, a meter vault and
related valves and piping. The Houston-WUP
Interconnection is illustrated in the drawing
attached hereto as Attachment 1.
(2) WakeforestPlant Improvements
This package of facilities would include~ as its
major components, two ground storage tanks. It
would also include automated plant controls and
other improvements. The Wakeforest Plant
Improvements are illustrated and further described
in Attachment 2.
(Note: A second interconnection with Houston
facilties may prove to be necessary.)
III.
Timetable. The City has estimated that the facilties
described above can be completed before the completion of the
-2-
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Highway 59 Line (when surface water is expected to be available).
The estimated timetable is set out below. Each of the times
shown is subject to change or delay in case the Highway 59 Line
is delayed and also in case of factors beyond the control of the
City, including acts of God, lac~ of voter approval, unexpected
physical conditions, litigation, cost overruns.:- and other factors
not within the City's reasonable control. The City does
recognize that it would have an obligation, if such a factor
occurs, to notify the HGCSD.
Phase
Estimated
Completion Date
Description
Phase I
(August 1987)
Houston-WUP Interconnect
in the Wakeforest align-
ment. Status: completed.
Cost: $21,000.
(August 1988)
Special bond election for
bonds to finance Phases
III and IV.
Phase II
July 1, 1989
Automation of Wakeforest
Water Plant and sand
reduction work on Well No.
9. status: Under design.
Cost: $~8,750 (est.)
phase III
July I, 1991
Engineering, including
preparation of plans and
specifications, for the
remainder of the
Wakeforest Plant
Improvements (including
two ground storage tartks).
Status: awaiting bond
issue vote. Cost:
$33,200 (est.)
Phase IV
December 31, 1993
Demolition of existing
gound storage tank and
construction of the
Wakeforest Plant
Improvements designed
under Phase III. status:
awaiting bond issue vote.
Cost: $461,300 (est.)
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IV.
Sub;ect To Law. This plan and its adopting resolution are
subject to the constitutions and laws of the State of Texas and
the Federal Government of the United States of America, including
any provisions relating to conversion to surface water or
restrictions on the withdrawal of groundwater.
V.
Attachments. Attachments land 2 are incorporated into this
plan for all purposes.
VI.
Scone 6t Plan. This plan is intended to address the physical
facilities that would be necessary to convert to 80% surface
water for the City. It is not intended to address the contracts
and other arrangements that would be necessary for the purchase
of such quantities of water, because the information necessary to
address such a purchase is not available at this time. In this
regard, the City does not intend for the submission of this plan
to be a waiver or surrender of any right to review, comment upon,
present, contest or otherwise participate in the consideration of
any order or other action that might have the result of requiring
that surface water be purchased or that groundwater withdrawals
of the City be limited. The City has been informed that the now-
pending permit and plan approval proceedings do not include any
such order or other action. When any such order or other action
is addressed, certain legal and practical conditions would have
to apply. These would include, for example: (i) The necessary
supply of surface water must be available for purchase by the
City at the Houston-WUP Interconnection, in sufficient quan-
tities, with acbeptable quality and upon reasonble terms and pri-
ces. (ii) The City Council and the governing body of the seller
of the water must determine that the purchase and sale of the
water is in their respective best interests and must approve the
necessary water supply contracts: any necessary voter approvals
would have to be obtained. (iii) If the City Council does not
approve the necessary water supply contracts, there must be an
order to require the purchase of the surface water. The order
must be issued by the HGCSD after the completion of the Highway
59 Line (when surface water would be available) and at a time
when the price and other terms of purchasing such water are known
for at least the initial three years of purchase. The order
would have to be issued in accordance with the law, subject to
all limitations prescribed by the law, and it would have to have
become final (that is, any appeals must have been exhausted).
-4-
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(iv) The City would have to retain the right to. withdraw ground
water to the extent that surface water is not available and
covered by contract and also in quantities sufficient to provide
for peaking, standby and backup. (v) Acts, conditions or cir-
cumstances not within the reasonable control of the City would
have to excuse performance to the extent of their effect. (vi)
All other provisions of the constitutions and laws of the State
of Texas and the Federal Government of the United States of
Arnericawhich limit or restrict the conversion to surface water
or restrictions on the withdrawal of groundwater would have to be
observed and complied with.
5421:surfS
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RESOLUTION NUMBER 88-06
AN RESOLUTION APPOINTING A CHARTER REVIEW COMMITTEE FOR THE CITY OF
WEST UNIVERSITY PLACE, TEXAS; PROVIDING FOR A TERM OF OFFICE AND
CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Section 10.13 of the City Charter of the City of West
University Pl ace-, Texas, requi res the City Council appoi nt, at its
first regular meeting in June, 1988, a Charter Review Committee of
seven residents of the City; and
WHEREAS, said Section 10.13 provides that the term of office of
the Charter Review Committee shall be six months unless extended by the
Council; and
WHEREAS, the powers and duties of the Charter Review Committee
shall be as follows:
(1) Inquire into the operations of the City government and review
this Charter to determine whether the Charter needs
revision. Public hearings may be held and the committee
shall have the power to compel the attendance of City
officers or employees and to require the submission of City
records necessary to the inquiry and review.
(2) Propose to Council recommendatjons if necessary to insure
that the City government and its operations comply with this
Charter.
(3) Propose to Council recommendations if necessary to improve
the effectiveness of this Charter.
(4) Make a written report of its findings and recommendations to
Council.
(5) Present to Council proposed Charter amendments if any are
considered necessary.
(6) Meet at least once every two months during its term.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. That the following persons be appointed to serve as
members of the Charter Review Committee:
Jerry Nickell
Janet Redeker
Betty Sellers
Louis Sklar
Mark Spradling
Ken Thorn
Rei d Wil son
Section 2. That the persons hereby appointed to the Charter
Review Committee shall serve for a term of office of six months from
the date of this Resolution unless extended by the tity Council.
- ----r="':'"~~"~==="'_=o<_:_---':~::_-='~
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Resolution Numbe. 88-06, Page 2
Section 3. That the City Charter may only be amended in
accordance with the laws of the State of Texas.
Section 4. All resolutions and parts of resolutions in conflict
herewith are hereby repealed to the extent of the conflict only.
Section 5. If any word, phrase, clause, sentence, paragraph,
section or other part of this resolution or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this resolution and the application of such word, phrase, clause,
sentence, paragraph, section or other part of this resolution to any
other persons or circumstances shall not be affected thereby.
Section 6. The City Council officially finds, determines and
declares that a sufficient written notice of the date, hour, place and
subject of each meeting at which this resolution was discussed,
considered or acted upon was given in the manner 'required by the Open
Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended,
and that each such meeting has been open to the public as required by
law at all times during such discussion, consideration and action. The
City Council ratifies, approves and confirms such notices and the
contents and posting thereof.
PASSED AND APPROVED THIS 13th day of
June
, 1988.
Councilmembers Voting Aye: Mayor Parks, Councilmembers Bryan,
Be 11, Bri tton
Councilmembers Voting No: None
Councilmembers Absent: Councilmember Schwartzel
Signed:
ATTEST:
a,!,~
Audrey N 015 '
City Secr ary
(SEAL)
-~---~~~~~~---:-C_:::J~--
II-''''''''''''''''''-:"''''=-='''-'n~t_~l_
___~~--"-':"':__l,ll~f--- ~
II
Ii
Ii
II
II
RESOLUTION NUMBER 88-07
WHEREAS, the City of West University Place, Texas has employees
rendering valuable services; and
WHEREAS, the establishment of a deferred compensation plan for
such employees serves the interests of the City of West University
Place by enabling it to provide reasonable retirement security for its
employees, by providing increased flexibility in its personnel
management system, and by assisting in the attraction and retention of
competent personnel; and
WHEREAS, the City of West University Place has determined that the
establishment of a deferred compensation plan to be administered by the
ICMA Retirement Corporation serves the above objectives; and
WHEREAS, the City of West University Place desires that the
investment of funds held under its deferred compensation plan be
administered by the ICMA Retirement Corporation, and that such funds
be held by the ICMA Retirement Trust, a trust established by public
employers for the collective investment of funds held under their,
deferred compensation plans and money purchase retirement ~lans;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS:
Section 1. That the City Council hereby adopts the deferred
compensation plan attached hereto and that the plan provided by the
City of West University Place-which is attached hereto as Appendix A
and the Trust Agreement with the ICMA Retirement Corporation
(AppendiX C) appoints the ICMA Retirement Corporation to serve as
Administrator thereunder.
BE IT FURTHER RESOLVED that the City of West University Place
hereby executes the Declaration of Trust of the ICMA Retirement
Trust, attached hereto as Appendix B.
BE IT FURTHER RESOLVED that the Director of Finance shall be the
coordinator for this program and shall receive necessary reports,
notices, etc. from the ICMA Retirement Corporation or the ICMA
Retirement Trust, and shall cast on behalf of the City of West
University Place, any required votes under the program.
Section Z. An annual report of the ICMARetirement Corporation
shall be submitted to the City Council.
Section 3. All resolutions and parts of resolutions in conflict
herewith are hereby repealed to the extent of the conflict only.
Section 4. If any word, phrase, clause, sentence, paragraph,
section or other part of this resolution or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this resolution and the application of such word, phrase, clause,
sentence, paragraph, section or other part of this resolution to any
other persons or circumstances shall not be affected thereby.
'---------~~~~______ -- n____:JI ----~--~~------""-~"I1r_,L__ ,_ __ _____...lli_:.tJUIlA.Jf:I' '---'---
II
rSOlutiOO
~umber 88-07, Page 2
Section 5. The City Council officially finds, determines and
eclares that a sufficient written notice of the date, h9ur, place and
ubject of each meeting at which this resolution was discussed,
onsidered or acted upon was given in the manner required by the Open
eetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended,
nd that each such meeting has been open to the public as required by
aw at all times during such discussion, consideration and action. The
ity Councilratifi es, approves and confi rms such noti ces and the
on tents and posting thereof.
PASSED AND APPROVED this 11th
day of
July
, 1988.
Councilmembers Voting Aye: Mayor Parks, Councilmembers Bryan,
Bell, Britton, Schwartzel
Councilmembers Voting No: None
Councilmembers Absent: None
~
Mayor
(SEAL)
oved as to Form:
~~
James L. Dougherty
City Attorney
- -- rC-~"~OOC~~~----'-----'----------n~---- ----~~~,!i--.I
111111=;1111----
- ;.'
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.L' .~',
Resolution~Number 88-07, Page 3
It Audrey Nichols, City Secretary of the City of West University Place,
Texas. _ do hereby certify that the foregoing resolution, proposed by the'
City Council of West University Place, Texas, was duly passed and ' ,
adopted ,. the Cou.eil of the City of 'e,t ".iver,'ty Pl~::a'. at
a regular meeting thereof assembled this {t~ day of ,
19~, by the following vote: ' ,
(SEAL)
Q ~-
.uk LL..
Au rey rf.rato s ~
city Secretary
"',,0 . ,- ,
'<
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,~----,
RESOLUTION NUMBER 88-08
A RESOLUTION ESTABLISHING A MUNICIPAL RECORDS RETENTION AND DISPOSITION
SCHEDULE FOR THE CITY OF WEST UNIVERSITY PLACE, TEXAS; APPROVING
DESTRUCTION OF CERTAIN RECORDS RETAINED IN ACCORDANCE WITH SUCH
SCHEDULE; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. Pursuant to Article IX, Chapter 2 of the Code of
Ordinances of the City of West University Place, Texas, the City
Council hereby adopts the Records Retention and Disposition Schedule
(Texas Municipal Records Manual, as amended) attached hereto and made a
part hereof for all purposes. Records retained as long or longer than
required by this schedule are hereby determined to be worthless and are
subject to destruction as authorized by said Article IX. Records
heretofore destroyed which were retained in accordance with such
schedule are also determined to be worthless, and such destruction is
approved. Duplicates heretofore destroyed which were no longer needed
for current use are also authorized to be destroyed.
Section 2. If any word, phrase, clause, sentence, paragraph,
section or other part of this resolution or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this resolution and the application of such word, phrase, clause,
sentence, paragraph, section or other part of this resolution to any
other persons or circumstances shall not be affected thereby.
Section 3. All resolutions and parts of resolutions in conflict
herewith are hereby repealed to the extent of the conflict only.
Section 4. The City Council officially finds, determines and
declares that a sufficient written notice of the date, hour, place and
subject of each meeting at which this resolution was discussed,
considered or acted upon was given in the manner required by the Open
Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended,
and that each such meeting has been open to the public as required by
law at all times during such discussion, consideration and action. The
City Council ratifies, approves and confirms such notices and the
contents and posting thereof.
r-- .~ --
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r--
- -- ".---l!JL~L
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Resolution Numbe. J8-08, Page 2
PASSED AND APPROVED this the 25th day of July
1988.
Councilmembers Voting Aye: Mayor Parks, Councilmembers Byran,
Bell, Britton, Schwartzel
Councilmembers Voting No: None
Councilmembers Absent: None
Signed:
ATTEST:
()~~~
Audrey Ni ti ls
City Secretary
(SEAL)
~:
- :
James L. Dougherty, Jr.
City Attorney
L :-U:"'_::_:~m - -:::J
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__----'--_____:llLHl------
RESOLUTI ON 88-10
HOUSTON-GALVESTON AREA COUNCIL
DESIGNATION OF REPRESENTATIVES
GENERAL ASSEMBLY
1989
BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. That Buddy Bell be, and is hereby,
designated as its representative to the General Assembly of the
Houston-Galveston Area Council for the year 1989.
Section 2. FURTHER, that the Official Alternate authorized to
serve as the voting delegate should the hereinabove named delegate
become ineligible, or should he resign, is H. L. Britton
Section 3. All resolutions and parts of resolutions in conflict
herewith are hereby repealed to the extent of the conflict only.
Section 4. If any word, phrase, clause, sentence, paragraph,
section or other part of this resolution or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this resolution and the application of such word, phrase, clause,
sentence, paragraph, section or other part of this resolution to any
other persons or circumstances shall not be affected thereby.
Section 5. The City Council officially finds, determines and
declares that a sufficient written notice of the date, hour, place and
subject of each meeting at which this resolution was discussed,
considered or acted upon was given in the manner required by the Open
Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and
that each such meeting has been open to the public as required by law
at all times during such discussion, consideration and action. The
City Council ratifies, approves and confirms such notices and the
contents and posting thereof.
.....r==-:=_______d
E--------~-~---"---~wr:r__
__ ___~_~_,l/LUI
Resolution Number 88-10
PASSED AND ADOPTED, this the 24th day of October, 1988.
Councilmembers Voting Aye: Mayor Parks, Councilmembers Bryan,
Bell, Britton, Schwartzel
Councilmembers Voting No: None
Councilmembers Absent: None
Signed:
ATTEST:
(SEAL)
2
-----~------~-----.. ------- e::-==~=-~-=~:::::-~---.-------IJ~----
13::::L_
_ _____...LLLI -
City of
West University
Place, Texas
MICHAEL L. PARKS, MAYOR
BETH ANN BRYAN, MAYOR PRO-TEM
BUDDY BELL, COUNCILMEMBER
H. L. BRI1TON, COUNCILMEMBER
C. BOONE SCHWARTZEL, COUNCILMEMBER
October 26, 1988
Houston-Galveston Area Council
P.O. Box 22777
Houston, Texas 77227
Attention: Mr. Jack Steele
Re: General Assembly Representative and Alternate
Dear Mr. Steele:
Enclosed is City of West University Place Resolution Number 88-10
adopted by City Council on October 24, 1988, designating Councilmember
Buddy Bell as the representative and Councilmember H. L. Britton as the
alternate to the General Assembly of the Houston-Galveston Area Council
for the year 1989.
If you need further information, please do not hesitate to call.
Yours truly,
~hO~
City Secretary
3800 University Boulevard
Houston, Texas 77005
713/668-4441
F~-"~"C"'" ""'~'~~~-~""':::I""---"-----nc'"
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______.___._i....I...[:1
RESOLUTION NUMBER 88-11
RESOLUTION DETERMINING THE NOTICE AND HEARING LIMIT FOR AD
VALOREM TAXATION FOR TAX YEAR 1988; PROPOSING A TAX RATE;
CALLING A PUBLIC HEARING AND PROVIDING FOR NOTICE OF SAME;
AND CONTAINING FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT.
WHEREAS, the City Council of the City of West University Place,
Texas, (the IITaxing Unit") has received information from its assessor
and collector of taxes, including the calculated effective rate and the
rollback rate; and
WHEREAS, such rates as well as the related information required to
be published by the Texas Tax Code have been timely and duly published;
and
WHEREAS, the City Council finds and determines that the notice and
hearing limit is $0.4013 per $100 and that a total tax rate in excess
of such limit should be levied; and
WHEREAS, the City Council desires to proceed with the steps
necessary to levy ad valorem taxes.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. The matters described in the preamble of this
resolution are found and determined to be true and corrett and are
adopted, ratified and confirmed.
Section 2. The City Council of the City of West University Place
hereby proposes consideration of the following tax rate for tax year
1988:
$0.3106/$100 for the purpose of maintenance and operation
$0.1400/$100 for the payment of principal and interest on
debt of this Taxing Unit
$0.4506/$100 total tax rate
- ----r""""--O~~~~-~-~~"'~'.------~---~--- ---~---~--:m -1
liB 1.1-
Resolution Numbe~ 88-11
Section 3. A public hearing on such proposed tax increase is
hereby called for the following date, time and place:
Date: November 7.1988
Time: 7'~0 o'r.lor.k p m
Place: Citv Hall Council Chamber
3BOO IIn;vp.rs;t.y Rlvd
Houston. Texas 77005
The proposed tax increase shall be the only item on the agenda for such
meeting.
Section 4. Such proposed tax increase shall be placed on the
agenda as an action item for the City Council at a meeting not less
than three days--nor more than 14 days--after such public hearing. The
adoption of a tax rate shall be a separate item on the agenda for such
meeting.
Section 5. The City Council hereby designates Donna l. Sims to
prepare and publish notice of such public hearing and of the subsequent
meeting, all as required by the Texas Tax Code, and to make
arrangements for the two meetings, including the posting of the normal
notices of meetings. Such person is also authorized to take all other
action necessary or incidental to any of the foregoing steps or to the
timely levy and collection of taxes by the City.
Section 6. All actions by the assessor and collector of taxes
prior to this date with respect to such calculations and publications
are approved, ratified and confirmed in all respects.
Section 7. If any word, phrase, clause,sentence, paragraph,
section or other part of this resolution or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this resolution and the application of such word, phrase, clause,
sentence, paragraph, section or other part of this resolution to any
other persons or circumstances shall not be affected thereby. '
Section 8. All resolutions and parts of resolutions in conflict
herewith are hereby repealed to the extent of .the conflict only.
Section 9. The City Council officially finds, determines and
declares that a sufficient written notice of the date, hour, place and
subject of each meeting at which this resolution was discussed,
2
_____r ---- r-
- ,------------11000_ -------r'-'j:il 1
;. ., lillL.Alrl
Resolution Number 88-11
considered or acted upon was given in the manner required by the Open
Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended,
and that each such meeting has been open to the public as required by
law at all times during such discussion, consideration and action. The
City Council ratifies, approves and confirms such notices and the
contents and posting thereof.
Section 10. This resolution shall take effect immediately upon
its adoption and signature.
PASSED AND APPROVED this 24th day of October , 1988.
Voting Aye:
Mayor Parks, Councilmembers Bryan, Bell,
Britton, Schwartzel
Voting No:
None
Present and Not Voting: None
Absent: None
Signed:
ATTEST:
~~~~AIA'
udreyN c ols
City Secretary
(SEAL)
James L. Dougherty, Jr.
City Attorney
3
,-~._~ - r
-".'~."="1"----fi---------_C_-- -- -,'11 1
j liiilllrl
CITY OF WEST UNIVERSITY PLACE, TEXAS
RESOLUTION NUMBER 88-12
THE HOUSTON BUSINESS PROMISE
WHEREAS, we believe that every child in the Houston area should
receive a quality education; and
WHEREAS, we furthermore believe that literate, thoughtful,
effective citizens are critical to fulfillment of individual lives and
families, to a healthy competitive economy and to a viable democracy;
and
WHEREAS, we as responsible adults, have both the privilege and the
duty to prepare our young people to assume responsibility for the -
future of our community and nation by assuring a strong education
system; and
WHEREAS, the primary responsibility for educating our young people
lies with our education system and within the family structure, the
business community is uniquely positioned to reinforce these
responsibilities through corporate policies and programs which will
help assure that every child in the Houston area receives a quality
education.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. That we do hereby commit, through the Houston Business
Promise, to enhance the educational experience of Houston area
children. Our organization will:
Encourage employees to support and be involved in the
learning process of their children, including attendance at
parent/teacher conferences.
Support a school or schools through a meaningful partnership
effort including employee volunteer involvement, sharing of
expertise, facilities and equipment and/or financial
assistance. This may range from adopting a school to
participating in existing programs.
-- r:=-_=--_-:::=~-::=:_==---------:n------
---,,- -'~-":T:L_._
____~~_.....i.1Ulb..&JI::r---
Resolution Number 88-12
Assist in preparing students for the work force. This may
include providing information in the classroom and exposure
to the work place through plant/office visits and summer or
part-time jobs.
Assure graduates of Houston area high schools the opportunity
to interview for available jobs. Increase student awareness
of job opportunities and requirements through school career
days and other appropriate means.
Support the recruitment and retention of high quality
teachers and administrators. This may include summer jobs
for teachers, small financial grants to assist teachers in
classroom projects, teacher and/or administrator recognition,
and other programs in support of this goal.
Encourage students to pursue education beyond the high school
level.
Encourage employees without high school diplomas to complete
the requirements for a diploma or the equivalent.
Endeavor to be informed and communicate with employees on
important educational issues.
Section 2. The City Council hereby adopts this Houston Business
Promise and will communicate to all of our employees our commitment to
quality education.
Section 3. All resolutions and parts of resolutions in conflict
herewith are hereby repealed to the extent of the conflict only.
Section 4. If any word, phrase, clause, sentence, paragraph,
section or other part of this resolution or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this resolution and the application of such word, phrase, clause,
sentence, paragraph, section or other part of this resolution to any
other persons or circumstances shall not be affected thereby.
Section 5. The City Council officially finds, determines and
declares that a sufficient written notice of the date, hour, place and
subject of each meeting at which this resolution was discussed,
considered or acted upon was given in the manner required by the Open
2
F~~~-~O'O - -- ,--- ~'~----'-rr-~-'-'-- , -"rrl
i 1111".111-------
Resolution Number 88-12
Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended,
and that each such meeting has been open to the public as required by
law at all times during such discussion, consideration and action. The
City Council ratifies, approves and confirms such notices and the
contents and posting thereof.
PASSED AND APPROVED this the ~ day of October ,
1988.
Voting Aye: Mayor Parks; Councilmembers Bryan, Bell
Britton, Schwartzel
Voting No: None
Absent: None
Signed:
ATTEST:
~~i~L
udrey.Ni d 5
City Secr ary
(SEAL)
James L. Dougherty, Jr.
City Attorney
3
.- -----~-------------------- --F~~~- -;O--------~If.~~---~--'-.,;:;--,
" .1.1111~,.Ir-I------------------
City of
West University
Place, Texas
MICHAEL L. PARKS, MAYOR
BETH ANN BRYAN, MAYOR PRO-TEM
BUDDY BELL, COUNCILMEMBER
H. L. BRITTON, COUNCILMEMBER
C. BOONE SCHWARTZEL, COUNCILMEMBER
October 24, 1988
Mr. Landon Short
Greater Houston Chamber of Commerce
25th Floor
1100 Mil am
Houston, Texas 77002
Dear Mr. Short:
Enclosed is City of West University Place Resolution Number 88-12
supporting THE HOUSTON BUSINESS PROMISE. City Council adopted the
resolution during the regular City Council meeting on October 24, 1988.
Yours truly,
~Ch~
City Secretary
Enclosure
3800 University Boulevard
Houston, Texas 77005
713/668-4441
-- -r~-~~-- -.-- ~~--""""'1----""------rr-"-~'------
"1m "1
j 11111".111
RESOLUTION 88-13
RESOLUTION APPROVING AND AUTHORIZING AN APPLICATION TO THE FEDERAL
RESERVE BANK OF DALLAS FOR THE HOLDING OF SECURITIES IN JOINT
SAFEKEEPING; APPROVING AND AUTHORIZING RELATED ARRANGMENTS; AND
CONTAINING RELATED PROVISIONS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. That an application to the Federal Reserve Bank of
Dallas C'Custodian"), substantially in the form attached, be approved
and authorized. The City Manager and the City Secretary are each
authorized to sign such application on behalf of the City. The City
Manager is also authorized to sign related documents on behalf of the
City, including but not limited to a letter confirming the joint
safekeeping arrangement to the City's depository bank and setting out
provisions to govern the safekeei~g arrangement, in substantially the
form set out in the attached specimen letter.
Section 2. All resolutions and parts of resolutions in conflict
herewith are hereby repealed to the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence, paragraph,
section or other part of this resolution or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this resolution and the application of such word, phrase, clause,
sentence, paragraph, section or other part of this resolution to any
other persons or circumstances shall not be affected thereby.
Section 4. The City Council officially finds, determines and
declares that a sufficient written notice of the date, hour, place and
subject of each meeting at which this resolution was discussed,
considered or acted upon was given in the manner required by the Open
Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended,
and that each such meeting has been open to the public as required by
law at all times during such discussion, consideration and action. The
City Council ratifies, approves and confirms such notices and the
contents and posting thereof.
-- - --- ---t~~=-~~""~--.c:~- ..-------lFc
-:-''T'-'1.__"L
_ __ ~.........i... _._"Lir:~:f'I----..---
Resolution NumbJ. d8-13, Page 2
PASSED AND APPROVED this the 7th day of
1988.
November
Councilmembers Voting Aye: Mayor Parks, Councilmembers Bryan,
Bell, Britton, Schwartzel
Councilmembers Voting No: None
Councilmembers Absent: None
r\:~.
Michael L. Parks, Mayor .
ATTEST:
rL..1t@~~J."
Audrey N c ols
City Secretary
(SEAL)
APp~ved a
~
James L. Dougherty,
City Attorney
-----~- ------.. ---------r=~~--=_:J---.---------IF---..- -...---------~--r1I
'iiil..a.rr ----
THE STATE OF TEXAS
COUNTY OF HARRIS
~
~
CITY OF WEST UNIVERSITY PLACE ~
I, Audrey Nichols, City Secretary of the City of West University Place,
Texas, do hereby certify that the foregoing is a true, full and correct
copy of
RESOLUTION NUMBER 88-13
, as approved and adopted by
the City Council of the City of West University Place, Texas, in
special session, on Monday, November 7, 1988, and duly filed in the
office of the City Secretary of the said City of West University Place,
3800 University Boulevard, Houston, Texas 77005.
GIVEN under my hand and seal of the City of West University Place,
Texas, this 8th
day of November , 1988 .
/l~o(ld~
City Secretary
City of West University Place, Texas
(SEAL)
r~C""~~~"~~='~'~"'- -~--- "--If'"
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___ _J,.. _;jjjiLa,r"j----------
RESOLUTION NUMBER 88-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE,
TEXAS, NOMINATING A CANDIDATE TO FILL THE UNEXPIRED TERM OF A POSITION
ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT.
WHEREAS, the incumbent member of the Board of Directors of the
Harris County Appraisal District elected by those incorporated cities
and towns, other than the City of Houston, participating in such
District, has submitted his resignation as a member of said Board; and
WHEREAS, such cities and towns now have the right and the
responsibility to elect a person to fill the vacancy on the Board of
Directors created by such resignation; and
WHEREAS, the City Council desires to nominate a candidate to fill
such vacant position on the Board of Directors of said District for the
remainder of the current term of that position, to wit: through
December 31, 1989.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. That the facts and recitations set forth in the
preamble of this Resolution be, and they are hereby, adopted, ratified
and confirmed.
Section 2. That Jack Ledford Wright be, and he is hereby,
nominated as a candidate to serve the remainder of the current term of
that position on the Board of Directors of the Harris County Appraisal
District to be filled by those cities and towns, other than the City of
Houston, participating in such District.
Section 3. That the Mayor be, and he is hereby, authorized and
directed to deliver or cause to be delivered a certified copy of this
Resolution to the Chief Appraiser of the Harris County Appraisal
District on or before November 15, 1988.
Section 4. All resolutions and parts of resolutions in conflict
herewith are hereby repealed to the extent of the conflict only.
Section 5. If any word, phrase, clause, sentence, paragraph,
section or other part of this resolution or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this resolution and the application of such word, phrase, clause,
sentence, paragraph, section or other part of this resolution to any
other persons or circumstances shall not be affected thereby.
- -T~=---:~.~~~-- --------IF~c--~O--.~~.-'" _.1.
_.____.--.:_--..:..:JiLIrI __________n___
Resolution Numbel d8-14
Section 6. The City Council officially finds, determines and
declares that a sufficient written notice of the date, hour, place and
subject of each meeting at which this resolution was discussed,
considered or acted upon was given in the manner required by the Open
Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended,
and that each such meeting has been open to the public as required by
law at all times during such discussion, consideration and action. The
City Council ratifies, approves and confirms such notices and the
contents and posting thereof.
PASSED AND APPROVED this the 14th day of November ,
1988.
Councilmembers Voting Aye: Mayor Parks, Councilmembers Bryan, Bell,
Britton, Schwartzel
Councilmembers Voting No: None
Councilmembers Absent: None
S~62L'
Michael L. Parks:'Mavor
ATTEST:
~~
City Secretary
A~\~
James L. D~UghertY' __r.
City Attorney
--::J
(SEAL)
~----~-~--'~------r-:="':::~~_~___~'---~-~~-'==-~-::..__---~~~,=-."~. "rr7::.1-__
____~..c......~I---
THE STATE OF TEXAS
COUNTY OF HARRIS
~
~
CITY OF WEST UNIVERSITY PLACE ~
I, Audrey Nichols, City Secretary of the City of West University Place,
Texas, do hereby certify that the foregoing is a true, full and correct
copy of
RESOLUTION NUMBER 88-14
, as approved and adopted by
the City Council of the City of West University Place, Texas, in
regular session, on Monday,November 14, 1988, and duly filed in the
office of the City Secretary of the said City of West University Place,
3800 University Boulevard, Houston, Texas 77005.
GIVEN under my hand and seal of the City of West University Place,
Texas, this 15th
day of November ,1~.
a/J. /"~ /
AUdr~l' .~
City Secretary
City of West University Place, Texas
(SEAL)
~--- -~----~----- - L-
~~._-.----~--~-"-=="'===="'- - --, ~--~-C'-'I;]-~_.1_
__~I
City of
West University
Place, Texas
MICHAEL L. PARKS, MAYOR
BETH ANN BRYAN, MAYOR PRO-TEM
BUDDY BELL, COUNCILMEMBER
H. L. BRITTON, COUNCILMEMBER
C. BOONE SCHWARTZEL, COUNCILMEMBER
November 15, 1988
Kenneth E. Graeber, Chief Appraiser
Harris County Appraisal District
2800 North Loop West
Houston, Texas 77292-0975
Dear Chief Graeber:
Enclosed is City of West University Place Resolution Number 88-14,
nominating Jack Ledford Wright as a candidate to serve the remainder
of the current term of that position on the Board of Directors of the
Harris County Appraisal District to be filled by those cities and
towns, other than the City of Houston, participating in the District.
Yours truly,
~~
City Secretary
Enclosure
xc: Mi~hael L. Parks
Mayor
3800 University Boulevard
Houston, Texas 77005
713/668-4441
--~-~-~--------.~~~~~
1~~~-~'--~~'I'i1 1
;1111 .'lrr------------
'"'---- -
RESOLUTION NUMBER 88-15
WHEREAS, it is the obligation of the City Council, pursuant
to provisions of the City Charter and ordinances heretofore
adopted, to appoint members to various boards; and
WHEREAS, the Mayor and members of the City Council have
contacted qualified citizens to serve on the Senior Services Board
of the City of West University Place, Texas; and
WHEREAS, one member, Kenneth H. Pearce, submitted his
letter of resignation because he is moving out of the City; and
WHEREAS, the Mayor and City Council accepted Mr. Pearce's
resignation with sincere regret; and
WHEREAS, Randy Hardy has indicated a desire and willingness
to serve as a member of the Senior Services Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. That Randy Hardy be appointed to serve as a
member of the Senior Services Board.
Section 2. That Randy Hardy, shall serve the Senior
Services Board without compensation.
Section 3. That Mr. Hardy shall serve on the Senior Services
Board until the next regular City Election of the City Council and
thereafter until the appointment and qualification of his
successor.
Section 4. All resolutions and parts of resolutions in
conflict herewith are hereby repealed to the extent of the
conflict only.
Section 5. If any word, phrase, clause, sentence, paragraph,
section or other part of this resolution or the application
thereof to any person or circumstance, shall ever be held to be
invalid or unconstitutional by any court of competent
jurisdiction, the remainder of this resolution and the application
of such word, phrase, clause, sentence, paragraph, section or
other part of this resolution to any other persons or
circumstances shall not be affected there'by.
Section 6. The City Council officially finds, determines and
declares that a sufficient written notice of the date, hour, place
and subject of each meeting at which this resolution was
discussed, considered or acted upon was given in the manner
required by the Open Meetings law, TEX. REV. CIV. STAT. ANN.
art. 6252-17, as amended, and that each such meeting has been open
to the public as required by law at all times during such
discussion, consideration and action. The City Council ratifies,
approves and confirms such notices and the contents and posting
thereof.
PASSED AND APPROVED this 28th day of November ,1987.
Councilmembers Voting Aye:
Mayor Pro Tern Bryan,
Councilmembers Bell, Britton,
Schwartzel
Councilmembers Voting No:
None
Councilmembers Absent:
Mayor Parks
Beth Ann
~~~
ATTEST:
Audrey Nichols
Ci ty 'Secretary
(SEAL)
-~--~-~C--~-r:.:.='==---==-__-=~:':~-~-:=:~~~- ~~^--~.~~~--'-~---If'-'- -='70"'C_-. ~-'''~:.:L
____~..;L..LI:l----
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CITY OF WEST UNIVERSITY PLACE, TEXAS
RESOLUTION NUMBER 88-16
WHEREAS, Dean Cowger entered the City's employ on December 1,
1979; and
WHEREAS, since October 1981, Dean Cowger has contributed endless
hours and much energy to the success of eight annual Halloween Parties
and Spook Houses; and
WHEREAS, Dean Cowger has constructed back drops, arranged the
sound system, assisted in obtaining volunteers, participated in the
Spook House and assisted in the clean up; and
WHEREAS, Dean Cowger has generously and enthusiastically spent
approximately 80 hours or more on each year's event, over and above his
Fire Department duties and responsibilities.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. That the City of West University Place, Texas, acting
by and through its duly authorized City Council, hereby commends Dean
Cowger for his generosity and dedication to the residents, the
employees and the city.
Section 2. That the City Council expresses its sincere
appreciation to Dean Cowger without whom the Spook House would
probably not have occurred or continued.
Section 3. That this Resolution be spread in full upon the
minutes of the City Council and that the Mayor be, and he is hereby,
authorized to deliver a true copy hereof to Dean Cowger.
~ 1.',,",
lli~ ~)f0
Mle a.l L as, Mayor
/J /,
/ ~fl?e::e - :kef -
Buddy Bell, Councilmember
~~
C. Boone Schwartze ,councilmemb~ .
ATTEST:
~~~
Audrey Ni ols .
City Secre ary
AJw@~4
James L. DoughertyJ Jr.
City Attorney
~----
"j-_1
JL_.II
RESOLUTION NUMBER 88-17
RESOLUTION APPROVING AND AUTHORIZING A CONTRACT FOR THE
SALE OF CERTAIN TRACTS OF LAND ABUTTING MILFORD STREET TO
THE METROPOLITAN TRANSIT AUTHORITY; APPROVING SUCH
CONTRACT; AND CONTAINING FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT.
WHEREAS, the City of West University Place, Texas (the
"City") has and is conducting negotiations with the Metropolitan
Transit Authority of Harris County, Texas (nMETRO"), with
respect to the sale by the City to METRO of two certain tracts
of land containing, in the aggregate, approximately 6,500 square
feet, and being located adjacent to the existing right of way of
Milford street in the vicinity of the intersection with
Wakeforest Street (such tracts being more particularly
described in the contract document attached hereto), in Harris
County, Texas, together with certain improvements and fixtures
located thereon (all of the such property being hereinafter
referred to collectively as the "Property"); and
WHEREAS, the City Council has obtained an appraisal of the
Property performed by Luedemann & Associates of Houston,
Texas; and
WHEREAS, the Appraisal indicates that the consideration to
be paid to the City by METRO for the Property is not less than
the value of the Property as determined by the Appraisal; and
WHEREAS, the City Council finds and determines that the
Property is not owned, held or claimed as a public square, park,
or site for a city hall or other municipal building and that the
Property is not an island, flat or submerged land; and
WHEREAS, the terms and conditions of such sale of the
Property have been incorporated in a certain Contract for the
Sale and Purchase of Real Property (the "Contract") (a copy of
which Contract is attached hereto and incorporated herein by
this reference), which Contract by its terms will not become
effective unless and until approved by the City Council of the
City (the "Councilll) and the Board of Directors of METRO, to
which Contract reference is here made for all purposes; and
WHEREAS, the Council believes that the approval of the
Contract and the consummation of the transactions contemplated
thereby would be in the best interest of the City;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
r--
-~~
1f~~~~rj["l
_ _ "llrl
Resolution Numbe, dB-I?
Section 1. That the Contract is hereby approved and
authorized, in substantially the form shown in the version which
is attached to this resolution, and each of the Authorized
Officers defined below is authorized, individually, to execute
such Contract on behalf of the City and to approve all exhibits
and attachments thereto that either of them may find necessary
or desirable.
Section 2. The City Council, after being informed that
the Property is proposed to be used for an extension of
Westpark Drive from Edloe Street to Kirby Drive (the
"Westpark Extension"), hereby expresses the position of the
City as to such project:
(1) The fact that METRO has threatened to condemn the
Property has made it unavoidable that the City sell the Property
to METRO and try to preserve access to the City's remainder
tracts from which the Property is taken. Selling the Property
and attempting to preserve access to the remainder tracts of the
City shall never be interpreted as an agreement or consent of
the City to pay any part of the cost of the Westpark Extension
or to pay any assessment or charge associated with the
Westpark Extension.
(2) The City would probably be better off if the
Westpark Extension were not constructed, all factors
considered. However, as expressed above, the City has no
effective choice in the matter because of the threatened
condemnation. In all probability, the City's use of the streets
in the vicinity oftheWestpark Extension will be no greater
than its use of the existing streets, which are found and
determined to be sufficient for the City's needs and operations.
Section 3. That the City enter into and consummate the
transactions contemplated by the Contract, and that Michael L.
Parks, the Mayor of the City, and Richard R. Rockenbaugh, City
Manager (together the "Authorized Officers" and singly an
"Authorized Officer") be and each is hereby authorized and
empowered in the name and on behalf of the City to execute and
deliver the deeds and other instruments provided for in the
Contract in order to effect the sale of the Property to METRO as
provided in the Contract, all such instruments to be in such
form as such Authorized Officer and the City Attorney, shall
approve, which approval shall be conclusively evidenced by such
Authorized Officer's execution of such instruments.
Section 4. That the Authorized Officers be, and each of
them hereby is, authorized and directed to prepare, execute and
deliver, from time to time, all other such documents or perform
such actions related to, contemplated by, or necessary,
advisable or convenient to the Contract and transactions
contemplated thereby that such Authorized Officer deems, in his
sole discretion, to be necessary, advisable or convenient, which
,---- ---~~-~~--- -1':"
_ ~--~-- ---------r-~~-------------~T'I:__
- - ~--_____~I----------------
Resol ution Numbel' d8-17
determination shall be conclusively evidenced by his execution,
delivery or performance thereof.
Section 5. If any word, phrase, clause, sentence,
paragraph, section or other part of this resolution or the
application thereof to any person or circumstance, shall ever be
held to be invalid or unconstitutional by any court of competent
jurisdiction, the remainder of this resolution and the
application of such word, phrase, clause, sentence, paragraph,
section or other part of this resolution to any other persons or
circumstances shall not be affected thereby.
Section 6. All resolutions and parts of resolutions in
conflict herewith are hereby repealed to the extent of the
conflict only.
Section 7. The City Council officially finds, determines
and declares that a sufficient written notice of the date, hour,
place and subject of each meeting at which this resolution was
discussed, considered or acted upon was given in the manner
required by the Open Meetings Law, TEX. REV. CIV. STAT.
ANN. art. 6252-17, as amended, and that each such meeting has
been open to the public as required by law at all times-during
such discussion, consideration and action. The City Council
ratifies, approves and confirms such notices and the contents
and posting thereof.
Section 8. This resolution shall take effect immediately
upon its adoption and signature.
PASSED AND APPROVED this the 15th day of December
1988.
Councilmembers Voting Aye:
Mayor Parks, Councilmembers Bryan,
Bell
Councilmembers Voting No:
None
Councilmembers Absent:
Councilmembers Britton, Schwartzel
Signed:
ATTEST:
~o~
City Secr ary
(SEAL)
James L. Dougherty, Jr.
City Attorney
-~F-~-~--
_ __c~--------T-----~~ ------c--r.::~_
- -~~_~_,~I---
THE STATE 'OF TEXAS
COUNTY OF HARRIS
~
~
CITY OF WEST UNIVERSITY PLACE ~
I, Audrey Nichols, City Secretary of the City of West University Place,
Texas, do hereby certify that the foregoing is a true, full and correct
copy of
RESOLUTION NUMBER 88-17 ,as approved and adopted by the
City Council of the City of West University Place, Texas, in workshop
session, on Thursday, December 15, 1988, and duly filed in the office
of the City Secretary of the said City of West University Place, 3800
University Boulevard, Houston, Texas 77005.
GIVEN under my hand and seal of the City of West University Place,
Texas, this 13th
day of January ,1989.
/Jj~ () - I~
(,/tey 'mhO(S~
City Secretary
City of West University Place, Texas
(SEAL)
r-
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110-_-
"1':11
'ilill:fI
RESOLUTION NUMBER 88-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS CASTING ITS BALLOT FOR THE ELECTION
OF A PERSON TO THE BOARD OF DIRECTORS OF THE HARRIS COUNTY
APPRAISAL DISTRICT
WHEREAS, the Chief Appraiser of the Harris County Appraisal
District, Harris County, Texas, has delivered to the Mayor of this city
a ballot containing the names of those persons duly nominated as
candidates to serve the remainder of the Appraisal district to be
filled by those cities and towns, other than the City of Houston,
participating in said District; and
WHEREAS, this City deems it appropriate and in the public interest
to cast its vote for the candidate of its choice to fill such
position. NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. The facts and recitations set forth in the preamble of
this Resolution be, and they are hereby, adopted, ratified, and
confirmed.
Section 2. The the City of West University Place casts its vote,
and it does hereby cast its vote, for Jack L. WriQht to fill
the remainder of the current term of that position on the Board of
Directors of the Harris County Appraisal District representing and to
be filled by those incorporated cities and towns, other than the City
of Houston, participating in said District.
Section 3. That the Mayor be, and he is hereby, authorized and
directed to deliver or cause to be delivered an executed or certified
copy of this Resolution to the Chief Appraiser of the Harris County
Appraisal District on or before December 15, 1988.
Section 4. All resolutions and parts of resolutions in conflict
herewith are hereby repealed to the extent of the conflict only.
Section 5. If any word, phrase, clause, sentence, paragraph,
section or other part of this resolution or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this resolution and the application of such word, phrase, clause,
sentence, paragraph, section or other part of this resolution to any
other persons or circumstances shall not be affected thereby.
Section 6. The City Council officially finds, determines and
declares that a sufficient written notice of the date, hour, place and
subject of each meeting at which this resolution was discussed,
, Resolution Number 88-18
considered or acted upon was given in the manner required by the Open
Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended,
and that each such meeting has been open to the public as required by
law at all times during such discussion, consideration and action. The
City Council ratifies, approves and confirms such notices and the
contents and posting thereof.
PASSED AND APPROVED this 12th day of
December , 1988.
Councilmembers Voting Aye: Mayor Parks, Councilmembers Bell, Britton
Schwartzel
Councilmembers Voting No: None
Councilmembers Absent: Councilmember Bryan
Signed:
ATTEST
~~
City Secre ary
(SEAL)
-"-"~--_._._--'l"~":".--'
_0.___-> '~._-.-._--'----"--'-~-rr'==='-~'_-O.='=-O--"'-_-_---'-''''-':!!:~-:J.
AP~~
James l. Dougherty, Jr.
City Attorney
2
THE STATE OF TEXAS
COUNTY OF HARRIS
~
~
CITY OF WEST UNIVERSITY PLACE ~
I, Audrey Nicho.1s, City Secretary of the City of West University Place,
Texas, do hereby certify that the foregoing is a true, full and correct
copy.of
RESOLUTION NUMBER 88-18
, as approved and adopted by
the City Council of the City of West University Place, Texas, in
regular session, on Monday, December 12, 1988, and duly filed in the
office of the City Secretary of the said City of West University Place,
3800 University Boulevard, Houston, Texas 77005.
GIVEN under my hand and seal of the City of West University Place,
Texas, this 13th
day of December , 1988 .
..
A~~
City Secretary
City of West University Place, Texas
(SEAL)
---------~~---- -------- n_ r------.----- -
~-.- --.~--rr~c-.,.-~~-"--c~'~-----,----c-."""'-7r.""-,.,17-1
;iill I!II-
'.
BAllOT
FOR
BOARD OF DIRECTORS
HARRIS COUNTY APPRAISAL DISTRICT
The following vote to elect the representative of the incorporated cities and towns,
other than the City of Houston, participating in the Harris County Appraisal District,
was determined by resolution or ordinance adopted at an official meeting of the
City Council of the 1.Ie~t IIr:1i"erliitv PlilcQ (taxing unit) held onthe lrt+t
day of December
, 1988, in accordance with the provisions of Section
6.031 of the Property Tax _Code, as amended.
The nominations received by the Chief Appraiser are listed below. Cast your ballot
by placing an "X" in the square next to the candidate of your choice.
Verne Cox D
Dennis W. Mack D
Will Marasek D
Elton Porter D
E. E. Stephens D
lee Tipton 0
. Jack L Wright IU
WITNESS MY HAND this 12.1h...
day of December , 1988.
l~uP~
~ayor, M1C a ~ L. Parks
ATTEST: ~
~~~ .
City Secretaby .
,
'If'l
IIIlalll--
City of
West University
Place, Texas
MICHAEL L. PARKS, MAYOR
BETH ANN BRYAN, MAYOR PRO-TEM
BUDDY BELL, COUNCILMEMBER
H. L. BRITTON, COUNCILMEMBER
C. BOONE SCHWARTZEL, COUNCILMEMBER
December 13, 1988
Mr. Kenneth E. Graeber
Chief Appraiser
Harris County Appraisal District
P.O. Box 920975
Houston, Texas 77292-0975
Dear Mr. Graeber:
Enclosed is certified copy of Resolution Number 88-18 adopted by
City Council during the regular City Council meeting on December 12,
1988, casting its ballot for Jack L. Wright in the election for the
Board of Directors of the Harris County Appraisal District.
Should you need additional information, please do not hesitate to
call.
Yours truly,
~
~OlS
City Secretary
Enclosures
3600 University Boulevard
Houston, Texas 77005
713/668-4441
r---
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RESOLUTION 88-19
A RESOLUTION ESTABLISHING AND REESTABLISHING A MUNICIPAL RECORDS
RETENTION AND DISPOSITION SCHEDULE FOR THE CITY OF WEST UNIVERSITY
PLACE, TEXAS; APPROVING DESTRUCTION OF CERTAIN RECORDS IN ACCORDANCE
WITH SUCH SCHEDULE; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
Section 1. Pursuant to Article IX, Chapter 2 of the Code of
Ordinances of the City of West University Place, Texas, the City
Council hereby establishes and reestablishes the Records Retention and
Disposition Schedule adopted by Resolution Number 88-08, passed and
approved on July 25, 1988, but with the amendments set out in Exhibit
"A" attached hereto and made a part hereof for all purposes.. Records
retained as long or longer than required by this schedule are hereby
determined to be worthless and are subject to destruction as authorized
by said Article IX.
Section 2. All resolutions and parts of resolutions in conflict
herewith are hereby repealed to the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence, paragraph,
section or other part of this resolution or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this resolution and the application of such word, phrase, clause,
sentence, paragraph, section or other part of this resolution to any
other persons or circumstances shall not be affected thereby.
Section 4. The City Council officially finds, determines and
declares that a sufficient written notice of the date, hour, place and
subject of each meeting at which this resolution was discussed,
considered or acted upon was given in the manner required by the Open
Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended,
and that each such meeting has been open to the public as required by
law at ~lltimes during such discussion, consideration and action. The
City Council ratifies, approves and confirms such notices and the
contents and posting thereof.
~ - ---~--~-~~-_.- -F-
_ ::1"-- .----~~~.._~----rr=='-~c-,--,'--,-,~.---c--c."'-"'-.. "-'--:-""~~'-~_1
_ ':iLuT ---- -------.
Resolution Number 18-19, Page 2
PASSED AND APPROVED this the 12th day of December
, 1988.
Counci1members Voting Aye: Mayor Parks, Councilmembers Bell, Britton
Schwartzel
Counci1members Voting No:
Counci1members Absent:
ATTEST:
0~.t~~LL
udrey Ni ols
City Secre ary
(SEAL)
C--~~-~--~----~-----------~--E""'C",::- ~____",:~:-:.~=--~--------- ---.--Ir-'--'------~-- - ---~-_.L_
None
Councilmember Bryan
Signed:
A:Jved as
James L. Dougherty, Jr.
City Attorney .
_ _______~-.:.......:d_....LJ---.---------.----.------
SUMMARY OF AMENDMENTS TO RETENTION SCHEDULE
Schedule
Number
1.29
Record Description
Affidavits of Publication
and legally required
notices.
Fidelity and Performance
Bonds
Recommended Retention
Period
PERMANENT
1.31
PERMANENT
1.32
1.36
Insurance Policies
PERMANENT
Contracts, Leases, and
Agreements
c) 10 years
1.47
Pre-Election Records
ExceotNoticesofElection
Election Records
See new Texas Election Code
Sections 1~013 and 66.058
PERMANENT
1.51
3.34
3.80
Utility Account Cards
7 Years
Personnel Action Notices
Except for disciplinary records
exceotas provided under
Sec. 9.21(a)
4.28
PERMANENT
c---------------=_________=____=~':::I--------IL-~
'-'LL..L
_ ______~.~L.a.L1 --
Schedule
Number
9.05
9.06
10.09
10.19
11.07
11. 08A
12.09
12.30
Record Descriotion
Employment Applications (not hired)
except as required by 9.18
Fidelity and Performance Bonds
(Employees)
Communication Logs or Tapes
(a) General Dispatch
(b) Individual Office Pocket
Recorder Tapec::
Internal Affairs Case Files
~~~~o~.~~ ~~~v~~~~ ~~)
Construction Project Files
Construction c.ontrac-t nnrllm~nte:
Demolished Houses and Commercial
Buil dings or Bui 1 dings that have
been moved out of the City
All records including builning
control cards, building appli-
cations and permit<;, blueprinte:
and soecifications. permitc::,
insoection reoorts. in<;pec-tinn
logs, certifir.at~c:: nf nrrllp::lnry
and all other rec-nrne: p~rt::lining
to demolic::hen nr rplnc-at~n
buildings.
Surety Bonds and Instruments
Communication Tapes
except ~<;othprwic::~ prnvin~n
for Police and Fire Department<;
Recommended Retention
Perinn
PFRMANFNT
~" nl'lye:
1 nl'lY
V~nr
4. years
II
11
j
CITY OF WEST UNIVERSITY PLACE RESOLUTION NUMBER 88-20
A RESOLUTION AUTHORIZING THE PARTICIPATION OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS, IN THE HOUSTON COALITION OF CITIES WITH
ORIGINAL JURISDICTION; AUTHORIZING INTERVENTION OF THE COALITION OF
CITIES IN PROCEEDINGS BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS IN
CONNECTION WITH THE REVIEW OF THE RATE PROCEEDING INSTITUTED BY HOUSTON
LIGHTING & POWER COMPANY; AUTHORIZING THE CITY ATTORNEY OF THE CITY OF
HOUSTON AND OTHERS TO REPRESENT THE HOUSTON COALITION OF CITIES WITH
ORIGINAL JURISDICTION IN CONNECTION WITH THE PENDING RATE PROCEEDINGS
FILED BY HOUSTON LIGHTING & POWER COMPANY; AND MAKING OTHER PROVISIONS
RELATING THERETO.
WHEREAS, the City of Houston intends to retain professional
consulting and legal services to conduct investigations, present
evidence, advise its City Council and assist with litigation relating
to the rate making proceeding ("rate case") commenced by Houston
Lighting & Power Company ("HL&P") both before the various city
councils with original jurisdiction and before the Public Utility
Commission of Texas; and
WHEREAS, other municipalities that are regulatory authorities
having original jurisdiction over other parts of the HL&P Service
area have been authorized to cooperate with the City of Houston in the
rate case; and
WHEREAS, it is in the City of West University Place's ("City")
best interest to participate in the rate case through the Coalition of
Cities with Original Jurisdiction in HL&P's service area formed by
the City of Houston ("Houston Coalition"); and
WHEREAS, it is in the City's best interest to participate with the
Coalition in proceedings before the Public Utility Commission of Texas
("PUC") concerning the application of HL&P for increased rates in
the unincorporated portion of its service area and in any appeal to the
PUC of the City's rate order in the rate case (such proceedings
before the PUC being referred to herein as "PUC Proceedings"); and
WHEREAS, the City Council desires for the City to participate in
the Houston Coalition in the local rate proceedings and in the PUC
Proceedings; NOW, THEREFORE,
,
BE IT RESOLVED BY THE CITY COUNCIL OF THE ~ITY:OF WEST UNIVERSITY
PLACE, TEXAS:
~.~ ~ t . c ;
f - , _ '
Section 1. In connec~ohwith the HC&P rate case, the City
Council hereby authorizes the participation of the-City with other
municipalities which are regulatory authorities having retained
original juriSdiction over parts of the HL&P service area in the
Houston Coalition in the manner set out below.
Section 2. The City Attorney of Houston (together with other
attorneys and consultants who may be selected by the City Attorney of
Houston) is authorized on behalf of the City to represent the Houston
Coalition, including the City, in the PUC Proceedings.
Section 3. The authorizations herein contained shall continue
until revoked by resolution or ordinance. The City Council does not
assume or obligate the City to pay any costs incurred by the Coalition
Of Cities, inasmuch as the City has been advised that the Coalition
will seek payment directly from HL&P in the manner allowed by state
statute for rate case expenses.
r-----------~---------L_ _ _______ __==___:::::1 -------n---~----~~-----'f::I":r_----
__~..___i...A.Ll--.-----.-
II
Iwest Univer:ity ~Iace Resolution Number 88-20
Section 4. The City's City Attorney is authorized to participate
with the Houston Coalition Of Cities, and the reasonable expenses
incurred by the City shall be considered and submitted to HL&P for
payment in accordance with such state statutes. The City's City
Attorney will advise the City's City Council as to the Houston
Coalition's position prior to presentation in any PUC Proceedings, to
the greatest extent practicable.
Section 5. All resolutions and parts of resolutions in conflict
herewith are hereby repealed to the extent of the conflict only.
Section 6. If any word, phrase, clause, sentence, paragraph,
section or other part of this resolution or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this resolution and the application of such word, phrase, clause,
sentence, paragraph, section or other part of this resolution to any
other persons or circumstances shall not be affected thereby.
Section 7. The City Council officially finds, determines and
declares that a sufficient written notice of the date, hour, place and
subject of each meeting at which this resolution was discussed,
considered or acted upon was given in the manner required by the Open
Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended,
and that each such meeting has been open to the public as required by
law at all times during such discussion, consideration and action. The
City Council ratifies, approves and confirms such notices and the
contents and posting thereof.
Section 8. This resolution shall take effect immediately upon its
adoption and signature.
PASSED AND APPROVED this the 12th day of December
1988.
Councilmembers Voting Aye:
Mayor Parks, Councilmembers Bell, Britton
Schwartzel
Councilmembers Voting No:
None
Councilmembers Absent:
Councilmember Bryan
Signed:
ATTEST:
(SEAL)
A~
James L. Dougherty, Jr.
City Attorney .
36atty:res8820
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THE STATE OF TEXAS
COUNTY OF HARRIS
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CITY OF WEST UNIVERSITY PLACE ~
I, Audrey Nichols, City Secretary of the City of West University Place,
Texas, do hereby certify that the foregoing is a true, full and correct
copy of
RESOLUTION NUMBER 88-20
, as approved and adopted by
the City Council of the City of West University Place, Texas, in
regular session, on Monday, December 12, 1988, and duly filed in the
office of the City Secretary of the said City of West University Place,
3800 University Boulevard, Houston, Texas 77005.
GIVEN under my hand and seal of the City of West University Place,
Texas, this 13th
day of December , 1988 .
(2~@~)
City Secretary
City of West University Place, Texas
(SEAL)
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