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RESOLUTION 98-01
, A RESOLUTION DESIGNATING FEBRUARY 1998AS ''PREVENT A LITTER MONTH"
AND DESIGNATING TUESDAY, FEBRUARY 24,1998 AS "SPAY DAY USA"
WHEREAS, dogs and cats give companionship to and share the homes of over 50,000,000
individuals in the United States, and
WHEREAS, two unaltered cats and their kittens can produce 420,900 more cats in seven
years and two unaltered dogs and their puppies can 'produce 67,000 more dogs in six years; and
WHEREAS, humane societies and shelters euthanize 8 to 10 million dogs and cats each
year, although many of them are healthy and adoptable, simply because there are not enough good
homes; and
WHEREAS, the problem of companion animal overpopulation costs the taxpayers of this
country millions of dollars annually through animal programs aimed. at coping with. the millions of
unwanted dogs and cats; and
WHEREAS, spayip.g and neutering dogs and cats have been shown to drastically reduce cat
and dog overpopulation; and
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WHEREAS,' veterinarians, human societies, national and local animal protection
organizatiOlis worked. together to. ensure the spaying and neutering of more than 78,000 companion
animals through "Spay Day USA" in 1997; and
WHEREAS, veterinarians, human societies, national and local animal protection
organizations have joined together agl!in to advocate that spaying and neutering. of companion.
animals during "Prevent A Litter Month" and on "Spay Day USA1998";
NOW, THEREFO~, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE:
Section 1. That February 1998 is designated "Prevent A Litter Month" and February 24,
1998 is designated "Spay Day USA. "
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Section 2. That the Mayor calls upon the people of the City of West UniversIty Place,
Harris County, Texas to observe the day by having their own dogs and cats spayed or neutered or by
sponsoring the spaying or neutering of another person's dog or cat.
Section 3. That all resolutions and parts of resolutions in conflict herewith are hereby
repealed to the extent of the conflicts only.
Section 4. That 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 coutt 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.
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Section 5. That 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 Texas Open Meetings
Act, 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
9th
day of
February. , 1998.
Voting Aye:
Voting Nay:
Absent:
Signed:
(SEAL)
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ATTEST:
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RESOLUTION 98-02
A RESOLUTION TO JOIN A COALITION OF TEXAS CITIES TO ADDRESS
ISSUES RELATING TO EPA'S PHASE II STORM WATER PROGRAM
WHEREAS, on January 9, 1998, the Environmental Protection Agency (EPA)
proposed rules to implement Phase II of EP A's Storm Water Program; and
WHEREAS, EPA's proposed rules automatically .designate cities located in
Urbanized Areas (as defined by the Census Bureau) and potentially designate cities with
populations greater than 10,000 and population density greater than 1,000 per square mile as
being required to obtain federal permits for their discharges of storm water runoff; and
WHEREAS, the City of West University Place either (l) is located within an
Urbanized Area, or (2) has a population greater than 10,000 with a population density
greater than 1,000 per square mile and, thus, will be affected by EPA's proposed rule; and
WHEREAS, a group of affected Texas cities have met and agreed to pursue a joint
effort to address EPA's Phase II Storm Water Program, including preparing and submitting
comments on EP A's proposed rule and other issues, with this joint effort to be managed by a
Steering Committee made up of representatives from the participating cities and funded by
contributions from the participating cities in an amount to be determined by the Steering
Committee, but not to exceed ten cents (lOCI:) per capita;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST UNIVERSITY PLACE:
Section 1. That the City Manager is author,ized to sign and return the Participation
Agreement on behalf of the City and to contribute an amount to be determined by the
Steering Committee, but not to exceed ten cents (lOCI:) per capita, to assist in addressing
issues and concerns raised by EPA's Phase II Storm Water Program.
Section 3. That all resolutions and parts of resolutions in conflict herewith are
hereby repealed to the extent of the conflicts only.
Section 4. That if any word, phrase, clause, sentence, paragraph, section or other
part of this resolution or the application thereof to any person or circumstanc~, 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. That 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
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Texas Open Meetings Act, 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
. 23rd day of
February
, 1998.
Voting Aye: Mayor Fogler, Council Members Starich, Davis and
Neal
Voting Nay: None
Absent:
Counci I Member Sparkman
(SEAL)
ATTEST:
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aylynn Holloway, Cit~ecretary
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RESOLUTION NUMBER 98-03
RESOLUTION APPOINTING A MEMBER TO THE NEIGHBORHOOD SAFETY BOARD;
AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, the Mayor and members of the City Council have contacted qualified
persons to serve on the Neighborhood Safety Board of the City of West University Place, Texas;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF. THE
CITY OF WEST UNIVERSITY PLACE:
Section 1. The following person is appointed to serve as a member of the Neighborhood
Safety Board, under Chapter 2, as amended by Ordinance 1561, for the specific term of the
specific position indicated below:
APPOINTEE
POSITION
IERM ENDTNG
Judy Harding
Position 6
August 31, 1999
Section 2. All resolutions and parts of resolutions in conflict herewith are hereby
repealed to the extent of the conflicts 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 fmds, 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 Texas Open
Meetings Act, 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 23rd
day of
February
, 1998.
y oting Yea:
Voting Nay:
Absent:
ATTEST:
(Seal)
Signed:
esa W. Fogler
Mayor
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RESOLUTION NUMBER 98-04~
RESOLUTION APPOINTING A MEMBER TO THE RECYCLING AND SOLID WASTE
REDUCTION BOARD; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT.
WHEREAS, the Mayor and members of the City Council have contacted a qualified
person to serve on the Recycling and Solid Waste Reduction Board of the City of West
University Place, Texas;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST UNIVERSITY PLACE:
Section 1. The following person is appointed to serve as a ,member of the Recycling and
Solid Waste Reduction Board for the specific term of the specific position indicated below,
under and subject tb Chapter 2, as last amended by Ordinance 1561.
APPOINTEE
POSITION
TERM ENDING
. Anne Furse
Position 9
August 31, 1999
Section 2. All resolutions and parts of resolutions in conflict herewith are hereby
repealed to the extent of the conflicts 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.
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Section 4. The City Council officially fmds, 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 Texas Open
Meetings Act, 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 9th
day of March
,1998.
V oting Yea:
y oting Nay:
Absent:
ATTEST:
(Seal)
Signed:
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RESOLUTION NUMBER 98-05~
RESOLUTION APPOINTING A MEMBER TO THE SENIOR SERVICES BOARD; AND
CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, a vacancy has occurred in Position 7 on the Senior Services Board; and
WHEREAS, a certain person has indicated a desire and willingness to fill the vacancy
and 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:
Section 1. The following person is appointed to serve as a member of the Senior
Services Board for the specific term of the specific position indicated below, under and subject
to Chapter 2, as last amended by Ordinance 1561.
APPOINTEE
POSITION
TERM ENDING
R.K. Wark
Position 7
August 31, 1999
Section 2. All resolutions and parts of resolutions in conflict herewith are hereby
repealed to the extent of the conflicts 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. fmds, 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 . Texas Open
Meetings Act, 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 9th
day of March
, 1998.
Voting Yea:
Voting Nay:
Ab~ent: .
ATTEST: - (Seal)
Signed:
Kay1)'11I1 Holloway
City Secretary
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2 RESOLUTION NUMBER 98-06 ~
RESOLUTION DESIGNATING TEMPORARY AND PERMANENT CITY HALLS;
AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, the Municipal Building in the City of West University Place is being
renovated; and
WHEREAS, City employees are being relocated to a modular building located at
3813 University Boulevard; and
WHEREAS, in accordance with the Texas Open Meetings Act, notices for
meetings of the governmental body must be posted in City Hall.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS:
Section 1: The temporary or modular building located at 3813 Amherst,
Houston, Texas 77005 is hereby designated as the City's temporary city hall. Official
public meeting notices of the City shall be posted at that place as required by law.
Section 2: This temporary designation is effective from and after March 20,
1998 and continues until the day the City Secretary's office reopens in the renovated
Municipal Building at 3800 University Boulevard, Houston, Texas 77005, which is
confIrmed and re-designated as the City's permanent City Hall. '
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 Texas Open Meetings Act, 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 positing thereof.
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PASSED AND APPROVED, this 9th day of March , 1998.
(Seal)
ATTEST:
V oting Yea:
Voting Nay:
Absent:
Signed:
aylynn Holloway
City Secretary
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Teresa W. Fogler
Mayor
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RESOLUTION NUMBER 98-07
CITY OF WEST UNIVERSITY PLACE
RESOLUTION RELATING TO SIGNATURES ON CHECKS DRAWN ON CITY
ACCOUNTS; AUTHORIZING. SUCH SIGNATURES AND AUTHORIZING USE OF
FACSIMILE SIGNATURES; AUTHORIZING THE CITY TREASURER TO RATIFY
CERTAIN SIGNATURES; AND CONTAINING FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT.
WHEREAS, the Compass Bank is the depository for the funds of the City; and,
WHEREAS, the Compass Bank requires a resolution authorizing officers of the City to
sign checks,
NOW, THEREFORE, BElT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. City Treasurer Walter Thomas is authorized to sign checks drawn on the
City's Payroll Account (00.:.3687-0), if the checks are co-signed by one of the following:
A. Teresa W.Fogler, Mayor
B. Robert P. Yehl, City Manager
C. Terry Stevenson, Fire Chief
Section 2. City Treasurer Walter Thomas is authorized to sign checks drawn on the
City's General Fund Account (00-3686-2), if the checks are co-signed by one of the following:
A. Teresa W. Fogler, Mayor
B. Robert P. Yehl, City Manager
C. Terry Stevenson, Fire Chief
Section 3. All signatures may be signed either manually or by facsimile in
accordance with article 717 J ~ 1 of the Texas Uniform Facsimile Signature of Public Officials
Act.
Section 4. All prior resolutions and parts of resolutions authorizing different
signatures for the above,...mentioned accounts are repealed.
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.
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Section 6. The City Council officials 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
Texas Open Meetings Act, 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 --L day of March, 1998
Voting Aye:
Voting Nay:
Absent:
ATIEST:
yon Holloway
City Secretary
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Resolution No. 98-08
A RESOLUTION APPROVING BROKERS FROM WHICH THE CITY WOULD
PURCHASE INVESTMENTS; AUTHORIZING A LETTER AGREEMENT; AND
CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. The City Council approves the following as brokers. from which the City
may purchase investments, subject to the state laws regulating public investments and the
City's investment policy adopted as part of Chapter 2 of the Code of Ordinances.
Firm
Duncan-Williams, Inc.
First Tennessee Bank
Coastal Securities, Inc.
Compass Bank
Merrill Lynch
NBC Capital Markets Group
Raymond James & Associates, Inc.
Broker(s)
Tony Sekaly, Eric Jupiter, and D.
Ann Komar
Angela Calvert
John Saragusa, II.
Lee Hundley
Jerome Senegal, Latrissa Gordon-
Kramer, and Deidre Anderson
Stewart Wortham, Joseph Gilmore,
Wright Edrington, and Mark Reaves
Ken Fenson
Section 2. The City Council authorizes a letter agreement with such brokers, in a
form that complies with the City's investment policy and state law and is approved by the
Finance Director.
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 person 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 Texas
Open Meetings Law, 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.
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Section 6. This notice shall take effect immediately upon its adoption and sigriature.
PASSED, APPROVED AND ADOPTED ON,
March 23
. 1998.
SIGNED:
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Teresa W. Fogler, Mayor
ATTEST: (SEAL)
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o RESOLUTION NUMBER 98-09;]
RESOLUTION APPOINTING A MEMBER TO THE SENIOR SERVICES BOARD; AND
CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
WHEREAS. a certain person 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:
Section 1. The following person is appointed to serve as a member of the Senior
Services Board for the specific term of the specific position indicated below, under and subject
to Chapter 2, as last amended by Ordinance 1561.
APPOINTEE
POSITION
TERM ENDING
Kenneth Moore
Position 15
August 31, 1999
Section 2. All resolutions and parts of resolutions in conflict herewith are hereby
repealed to the extent of the conflicts only.
Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of this
resolution or the applica,tion 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 ofthis resolution to any other persons or circumstances shall not be affected thereby.
Section 4. The City Council officially fmds, 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 Texas Open
Meetings Act, 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 11 th
day of Mav
,1998.
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Voting Yea:
V otir.!g Nay:
Absent:
ATTEST:
Signed:
Teresa W. Fogler
Mayor
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WHEREAS, it has been detennined that it will be advaIitageous to designate qualified
employees as Deputy Municipal Clerks for the purpose of signing complaints; and
WHEREAS, the following employees are qualified to assume the duties of Deputy Court
Clerk for this purpose:
Christopher Castillo and Lisa Webb
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST UNIVERSITY PLACE:
Section 1. That City Council hereby names and appoints Christopher Castillo and Lisa
Webb as Deputy Municipal Court Clerks of the City of West University Place for the purpose of
signing complaints.
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Section 2. That the- appointments of Christopher Castillo and Lisa Webb as Deputy
Court Clerks shall become effective immediately from and after the passage and approval of this
Resolution.
Section 3. All resolutions and parts of resolutions in conflict herewith are hereby
repealed to the extent of the conflicts 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, paragrapn, section or other . part of this
resolution to. any other perSons or circumstances shall not be affected thereby.
Section 5. The City Council officially fmds, detennines 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 Texas Open
Meetings Act, 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 26th day of
Mav.
, 1998.
Voting Yea:
Voting Nay:
Absent:
ATTEST:
Teresa W. Fogler, Ma r
(SEAL)
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RESOLUTION NO. 98-11
CLTY OF WEST UNIVERSITY PLACE
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JOINT RESOLUTION
WHEREAS, the City of West University Place by City Ordinance
No. , and Harris County by Commissioners Court Order dated, have
established similar programs of comprehensive emergency management
which includes the mitigation, preparedness, response and recovery phases
of emergency management; and
WHEREAS, the City and the County find that vulnerability to many
potential hazards is shared by residents of the City of West University Place
and the unincorporated portions of Harris County; and
WHEREAS, the City and the County further find that the cOnlmon
goal of emergency management can best be achieved through an
organization which shares the combined resources of the City and the
County; and
WHEREAS, the contemplated action is specifically authorized by the
aforementioned Ordinance and Court Order;
THEREFORE, BE IT RESOLOVED that there is hereby
established the Harris County Emergency Management organization which
shall consist of the officers and employees of the City and of the County as
designated in an inteIjurisdictional emergency management plan, together
with such organized volunteer groups as that plan may specify; and
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BE IT ~THER RESOLVED that the Mayor of the City of West
University Place and the Harris County Judge shall agree on the appointment
of an Emergency Management Coordinator to coordinate all aspects of the
Harris County program of comprehensive emergency management,
including the preparation and maintenance of an inteIjurisdictional
emergency management plan for the City of West University Place and
Harris County in accordance with this resolution.
BE IT FURTHER RESOLVED that this joint resolution will be
reviewed and resubmitted every two years to be in compliance with the
election of new majors. The county or the city may terminate this
resolution, with or without cause, prior to the expiration of the term set forth
above, upon thirty (30) days prior written notice to the other party
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RESO.LVED this the,--v day of ~~998.
Judge, Harris County
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It)' Secretmy ~
County Clerk
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RESOLUTION NO. 98-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS, DETERMINING THE EXISTENCE OF A
PUBLIC NECESSITY FOR A PUBLIC PROJECT TO EXPAND COLONIAL
PARK; AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, AND
OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE
NECESSARY TO ACQUIRE PROPERTY LOCATED WITHIN THE CITY, BY
DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF
EMINENT DOMAIN; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council recognizes that a public necessity exists for and the public
convemence would be served by the expansion of Colonial Park, including appropriate
landscaping, and the construction, operation, and maintenance of the expanded park and
associated structures and park facilities; and
WHEREAS, the City Council accordingly acknowledges that it is in the public's best
interest to acquire property located within the City for these purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS:
Section 1.
The City Council hereby finds and determines that it is necessary and
proper and in the best interest of the citizens of the City of West University Place to expand
Colonial Park, including within the scope of that expansion appropriate landscaping, and to
construct, operate, and maintain the expanded park and associated structures and park facilities,
all in Harris County, Texas.
Section 2.
A public necessity exists for and the public convenience would be served
by the acquisition, by donation, purchase, condemnation, or otherwise, of the real property
described in Exhibit A attached hereto for the expansion of Colonial Park, including appropriate
. landscaping, and the construction, operation, and maintenance of associated structures and park
facilities. Exhibit A attached hereto is incorporated herein for all purposes.
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Section 3.
The City Attorney or his designee and all other City officials are hereby
authorized and directed, on behalf of the City, to take such actions as are necessary to acquire by
donation, purchase, or exercise of the power of eminent domain, fee simple title to the property
described in the attached Exhibit A, along with any improvements thereto.
PASSED and APPROVED on this the 13~ay of
TERESA FOGLER
MAYOR
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CITY SECRETARY
APpd~
JAMES L. DOUGHERTY, JR.
CITY ATTORNEY
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EXHIBIT A
All of Lots 9 and 10, Block 27, Section C of Colonial Terrace, as depicted on the plat recorded at
volume 655, page 517 of the Deed Records of Harris County, Texas, and also known as 4120
Byron Street in the City of West University Place, Harris County, Texas.
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RESOLUTION NUMBER 98--1;J
A RESOLUTION REAPPOINTING MEMBERS TO THE FRIENDS OF WEST UNNERSITY
PARKSFUNDBOARD,ANON~ROATCORPORATION
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST UNIVERSITY PLACE:
Section 1. That the following persons are re-appointed to serve as members of the Friends of
West University Parks Fund Board for a specific term of the specific position indicated below:
APPOINTEE
PosmON
TERM ENDING
Lisa Ward
Janet Lionberger
Linda K. Gray
Position 6
Position 15
Position 16 (Chair)
August 31, 2001
August 31,2001
August 31, 2001
Section 2. All resolutions and parts of resolutions in conflict herewith are hereby
repealed to the extent of the conflicts 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 Texas Open
Meetings Act, 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 14th day of
September
, 1998.
Voting Yea:
Voting Nay:
Absent:
ATTEST:
Signed:
Teresa W. Fogler
Mayor
(SEAL)
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RESOLUTION NUMBER 98-14:)
WHEREAS, it has been determined that it will be advantageous to designate qualified
employees,as Deputy Municipal Court Clerks for the purpose of signing complaints; and
WHEREAS, the following employee is qualified to assume the duties of Deputy Court
Clerk for this purpose:
Estela Najera
NOW, THEREFORE, BE IT) RESOLVED BY THE CITY COUNCa OF THE
CITY OF WEST UNIVERSITY PLACE:
Section 1. That City Council hereby names Estela Najera as Deputy Municipal Court
Clerk of the City of West University Place for the purpose of signing complaints.
Section 2. That the appointment of Estela Najera as Deputy Court Clerk shall become
effective immediately from and after the passage and approval of this Resolution.
Section 3. All resolutions and parts of resolutions in conflict herewith are hereby
repealed to the extent of the conflicts 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 fmds, 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 Texas Open
Meetings Act, 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 14th day of
September
, 1998.
Voting Yea:
Voting Nay:
Absent:
ATTEST:
. Signed:
retary
(SEAL)
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RESOLUTION NUMBER 98-15
CITY OF WEST UNNERSITY PLACE
RESOLUTION ACKNOWLEDGING RECEIPT OF APPRAISAL ROLL,
ASSESSOR-COLLECTOR'S CERTIFICATE AND RELATED
INFORMATION; DESIGNATING A PERSON TO CALCULATE CERTAIN
TAX RATES, MAKE CERTAIN PUBLICATIONS AND PERFORM OTHER
RELATED TASKS; DECIDING ON THE AMOUNT OF SURPLUS AND
UNENCUMBERED FUNDS TO BE USED TO PAY DEBT SERVICE; AND
CONTAINING RELATED PROVISIONS.
WHEREAS, on September 28, 1998, the governing body of the City of
West University place (the "Taxing Unit") received the attached certificate,
appraisal roll and related information from its assessor and collector of taxes, of
which certificates and appraisal roll are incorporated into this resolution and
made a part hereof for all purposes;
WHEREAS. the governing body desire 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 UNNERSITY PLACE:
SECTION 1. The matters described in the preamble of this resolution
are found and detennined to be true and correct and are adopted, ratified and
conformed.
SECTION 2. The City Council of the City of West University Place
hereby authorizes and directs the City's Tax Assessor to take the following
actions:
(a) Calculate the effective tax rate and the rollback tax rate under the
Texas Property Tax Code.
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(b) Submit such rates to the City Council.
(c) Publish such rates, as well as the additional information required
by the Texas Property Tax Code, in the form and manner required
by such Code, at the earliest practicable time.
(d) Report on such publication to the governing body.
( e) Take all other action necessary or incidental to any of the
foregoing steps or to the timely levy and collections of taxes by
the Taxing Unit.
SECTION 3. (a) All actions by the assessor and collector of taxes prior
to this date, with respect to such calpulations and publications are approved,
ratified and confirmed in all respects.
(b) For purposes of completing Schedule B of the Notice of Tax Rates
prescribed by the State Property Tax Board, it is hereby decided to use $-0- out
of the surplus or unencumbered funds (to be shown oD'Schedule A) to pay debt
service.
SECTION 4. All resolutions and parts of resolutions in conflict
herewith are hereby repealed to the extent of the conflicts 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 Texas Open Meetings Act, as amended, and
that each such me~ting has been open to the public as required by law at all
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times during such discussion, consideration and action. The City Council
ratifies, approves and confirms such notices and the contents and posting
thereof.
SECTION 7. This resolution shall take. effect immediately upon its
adoption and signature.
PASSED AND APPROVED this ~p( day of ~~ ,
1998.
Voting Yea:
Voting Nay:
Absent:
(Seal)
Signed:
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~eresa Fogler .
Mayor
ATTEST:
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City Secretary
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RESOLUTION NUMBER 98-10
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RESOLUTION PROVIDING FOR THE APPOINTMENT OF A REPRESENTATIVE TO THE
AREA PLANNING ADVISORY COUNCIL OF THE AREA AGENCY ON AGING; AND
CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, the person representing the City of West University Place on the Area
. Planning Advisory Council of the Area Agency on Aging has submitted her resignation; and
WHEREAS, Betty Aillet, a West University Place resident and longtime volunteer has
indicated a desire and willingness to fill the vacancy and serve as the representative. of the Area
Planning Advisory Council of the Area Agency on Aging.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS:
Section 1. That Betty Aillet is hereby appointed as the representative to the Area
Planning Advisory Council of the Area Agency on Aging.
S.ection 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 t:he 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 Texas Open
Meetings Act, 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
October
,1998.
Voting Yea:
Voting Nay:
Absent:
ATTEST:
Signed:
eresa W. Fogler
Mayor
(SEAL)
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RESOLUTION NUMBER 98-1~/J
A RESOLUTION APPOINTING MEMBERS TO THE FRIENDS OF WEST UNIVERSITY
PARKS FUND BOARD, A NON-PROFIT CORPORATION
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST UNIVERSITY PLACE:
. ,
Section 1. That the following persons are appointed to serve 'as members of the
Friends of West University Parks Fund Board for a specific term of the specific position indicated
below:
APPOINTEE
~
PosmON
TERM ENDING
Douna LaMond
Chris Moretta
Michael Koinis
Sherry Gift
Margaret Wallace
Position 4
Position 5
Position 7
Position 8
Position 14
August 31,2000
August 31, 2000
August 31, 2001
August 31, 2001
August 31, 2000 <
Section 2. All resolutions and parts of resolutions in conflict herew;.th are hereby
repealed to the extent of the conflicts 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 remaiiider. 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 fmds, 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 Texas Open
Meetings Act, 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 confrrms such notices and the contents and posting thereof.
PASSED AND APPROVED this 12th day of
October
,1998.
Voting Yea:
Voting Nay:
Absent:
ATTEST:
Signed:
Kay yon Holl.<Jway
City Secretary,
(SEAL)
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Resolution 98-18
RESOLUTION APPROVING THE TRANSFER .OF A CABLE TELEVISION
FRANCHISE AND CONTAINING FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT.
WHEREAS, Warner Cable Communications, Inc. was the grantee under City of
West University Place Ordinance No. 1342, adopted May 22.1989. as amended by
Ordinance No. 1365, adopted March 12, 1990 (the "Franchise"); and
WHEREAS, the grantee was a wholly-owned Subsidiary of Time Warner Inc.
{"Time Warner"), a widely held New York Stock Exchange company, which now intends
to contribute certain assets to a new limited partnership to be known as Texas Cable
Partners, L.P. {"Texas Cable"},a Delaware Hmited partnership owned as foHows:
50% by Time Warner orit5 affiliates and
50% by two affitiates ofTCI Communications, fnc.--
--Tel Texas Cable Holdings LLC {a Colorado limited tiabilitycompany}
uTef Texas Cable, 'nc. (a Colorado corporation; and
WHEREAS, the City has been assured that: (1) there will be no impact upon
programming, customer service, rates Or business policies and practices, (2) the
management and staff of the cable system will remain the same, (3) Time Warner will
continue to direct the operations ofthe cable system under the Franchise, and (4) local
management will continue to report toTime Warner; .
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
Section 1. The City consents to the transfer ofthe Franchise and related cable
television system to Texas Cable, subject to: (1) the assurances .5et out in the preamble
of this ordinance, and (2) acceptance as set out below. If any of the assurances is not
continued or observed, it will be necessary to obtain a further consent.
Section 2, This resofution'takeseffect when an acceptance is signed,
aCknowledged and delivered to the Clty Secretary by Texas Cable, in the form
attached.. However, if the acceptance is not delivered by January 1, 1999, this
resolution shall not take effect until an extension of time is granted by resolution of the
City Council. Nothing in this resolution releases or waives any failure to comply with
the Franchiseer any Jiabirities related to the Franchise.
Section 3. If any word, phrase, clause, sentence, paragraph, section or other
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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 work, phrasel 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 CQuncil 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, as amended. and. that each such meeting. has
been open to the public as required by law' at aU times during such discussion,
consideration and action. The City Council ratifies. approves and confirms such
notices and the contents and posting thereof.
PASSED AND ADOPTED THIS Il.tfay of bl~, 19!18
ATTEST:
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8400 West Tidwell {\
Houston, TX 77040 ',,--~
Tel 713-895-2601
Fax 713-895-1239
ron.mcmillan@twcable.com
Ronald N. McMillan
Division President
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~ TIME WARNER
~ CABLE
January 4, 1999
The Honorable Teresa Fogler
Mayor, City of West University
3800 University Boulevard
Houston, TX 77005
Re: Notice of Consummation of Contribution Agreement dated as of June 23,
1998, among Texas Cable Partners, L.P. ("TCP"), Time Warner Entertainment-
AdvancelNewhouse Partnership, TWE-A/N Texas Cable Partners General Partner
LLC, TCI Texas Cable Holdings LLC and TCI Texas Cable, Inc.
Dear Mayor Fogler:
On behalf of TCP, I am pleased to notify the City of West University Place that the above
referenced agreement and the transactions contemplated thereby, including the
assignment of the franchise granted to Warner Cable Communications, Inc. by the City of
West University Place on May 22, 1989, Ordinance No. 1342 and on March 12, 1990,
Ordinance No. 1365 (collectively the "Franchise"), have been consummated effective as
of 11:59 p.m. on December 31, 1998. No further action is required to effect the
assignment of the Franchise to TCP.
We look forward to a long and amicable relationship with the City of West University
Place. Please feel.free to forward all future questions and correspondence concerning the
franchise to the attention of Pam R. Thome, vice president of public affairs, at (713) 895-
26&0.
Sincerely,
TEXAS CABLE PARTNERS, L.P.
a Delaware limited partnership
a/'h~
Ronald N. McMillan
President, Houston Division
cc: City Council
Sherman Yehl, City Manager
Kay Holloway, City Secretary
James L. Dougherty, City Attorney
The Houston Division of Time Warner Entertainment - Advance/Newhouse Partnership, d.b.a. Time Warner Cable
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"To the Honorable Mayor and City Council of the City of West University Place,
Texas:
"For itself, its successors, and assigns, Texas Cable Partners, L.P., a
Delaware limited partnership duly authorized to do business in the State of Texas,
hereby accepts that certain Franchise Agreement dated May 22, 1939 OIdinance
No. 1342 and amended by Ordinance No. 1365 adopted'onMarchl~t1990;aIld
agrees to be bound by all of its terms, conditions, provisions and assumes all
obligations and liabilities related to the Franchise, past, present and future, subject
to applicable federal, state, and local law. "
Texas Cable Partners, L.P.
By: ap,~
Name: RonaldN. McMillan
Its: President. HoustonDivision
Title
"Dated this j (
day of ]::ee,
, 1998."
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Resolution No. 98-19
RESOLUTION PROPOSING A TAX RATE AND SCHEDUUNGA
PUBLIC HEARING; AND CONTAINING FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT.
Section 1 The City Council formally proposes a combined ad valorem tax tate
for 1998 of $ ., -1~ . This proposat shaH be placed on the agenda of a future meeting
as an action item, subject to the heating scheduled below.
Section 2. A pubHc heating on the proposed tax rate is hereby scheduled for
October 261 1998 in the. Senior Wing of the Community Building, 6104 AudenStreetj
West UniversityPtace, Texas 77005 during the City Council meeting set to begin at
.7:30 p.m. The Finance Director shalf make arrangements for the meetingandshafl
provide notice as required by law. A hearing On the proposed municipal bUdget is
hereby called for the same meeting.
Section 3. All prior 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 resolut.on or the appl1cationthereof 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 work. 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 Councitofficially finds. determines and declares that a
sufficient written notice of the date, hour, place anp subject of each meeting at which
this resolution was discussed, considered or acted upon was given in the manner
required by the Texas Open Meetings Law, as amended, and that each such meeting
has been open to the public as required by law at aU times du~ring such'discussion,
consideration and action. The City Council ratifies. approyes and confirms such
notices and the contents and posting thereof.
Section 6. This resolution shaH take effect immediately upon its adoption and
signature.
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PASSED,APPROVEDANDADOPTEDon &~ /~ ,1998.
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Resolution No. 98-20
RESOLUTION RELATING TO STATE PARKING LAWS.
WHEREAS, the City Council desires to promote traffic safety within the City; and
WHEREAS, residents in the community have expressed concerns during Town
Meetings about traffic safety and the difficulty they have in walking safely on sidewalks
because sidewalks are frequently blocked by parked vehicles; and
WHEREAS, blocked sidewalks force pedestrians to walk in the street, creating
additional safety concerns for children, elderly, and disabled residents, particularly
when other vehicles are parked on the wrong side of the street, too close to STOP
signs, or on crosswalks; and
WHEREAS, increased enforcement of State parking laws will promote improved
traffic safety when combined with current programs directed at motor vehicle moving
violations, and reduce the risk to children, elderly, and disabled residents.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. The City Council encourages the enforcement officers of the City to
increase their efforts to enforce Sate parking laws in a reasonable and rational manner,
including laws regulating parking in the following locations:
(1) on sidewalks,
(2) too close to stop signs,
(3) on crosswalks,
(4) on the wrong side of the street, and
(5) too close to fire hydrants.
Section 2. All resolutions and parts of resolutions in conflict herewith are
hereby repealed to the extent of the conflicts 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
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this resolution was discussed, considered or acted upon was given in the manner
required by the Texas Open Meetings Act, 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 ADOPTED this 28th day of December, 1998.
ATTEST:
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