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Home My WebLink AboutMinutes_1945 undersignec1r Mayor and CommissionerB ". . - . . . City'o:t:WestUniver~1typiaee, Texa~, .each>byb,j;s below affixed, aokJil;Qwlegges re oe'iptof~:(}(;)py' . . " "'. ,", " - . ngnotice of' ~'p~eialM:e~ting o~ th~.:(J;i':ty .... o:f' the City of Yie$t Univ.e1:sit~r' ,p:iac:e;' tr~"~~e.' . . . ., .-.: .' ... . '. '. such noti,c.e,andh$J:elYy '1araive. i$s:Uh~ce:; . . . . . . . , . . . al1d: tim.e of service ,. ofsuchnotic(3' as is p.re~ . ,". . . . "'. ". . .: '", , '," . ," '.Y" ~ . ". . . . \ . and agree that13a:i,d . mee.tingsbaJ;~.b(~' . . called forth~ pu:r'poses named in thenotideiOc ", "., '. " ,," . ,~ .~ b . ~! 1;. -. "1 '1 -"-\ . .'~ ~"; " . .....~~j] ,,\':'z<:- . ~~.:-~~i' :."'.- ~t~:-~. - ';.;. :;f, . ~ - "G' "' ~.. t~. r' r {. \, "'~:. 'C.... ,... ," ,. r', ;.' ~:~ ::" '" . ' f . I. f' I' f I w.,. f' t [.. . I ~, I ' t. f. , ~~ , . I j' - - II .\ C"'l!l;T;IV . .' ,..t'::l' J. r" -.,.,- ',~. : 'Pher:'''Han@rable G'i ty COrrmli$'si(1)n S:entlemen: :'" ~:s.,;;t"",'-~ if. Notice is he..reby 'given by 'the deli'very 0<f, c0pies1i~r eo1'. ' to the 'Dersons and officialsindi cated bel,ow, in pUrsuane,e to re.... quest duJ.yrnade', that a Bp6eIal: Meeting of the City Q0mmi'ss:ion 01' .. . . '." ,the. City. of' Weest University Place will beheld on Wednesday,. Jan,.uaDy, ;, 19+5 at 8;00 P. M. at the qity Hal:!, f'or the pur:pos.eof'col1sideri:m.g. .. the following' matters and:!taki;~. ~uch action With respeetthereto. as' maY ,,~~ deemed necessary. .' ';';.' , " - ':.' , 1. Appointment of officials ~to the f011ow:ing positions and fixing, @f s.a+ar ie s; to be 'paid. such offi cials" if, any: " . , "OitySeeretary '''- Tr~ast'tre]l, ':Jnd~e; of Oarporation Court 'fax CollectOT& As.sessor" ' ; O!e;frk of Corporation Cour:t>'City Attoraey , <(lity Engi-E:e~r' , Persennel .Director ' ,,_Superintend~nt of Water , '& Sewer Department - Supt. of Streets f,]lridges, Garbage and P~ks .2. Appointment of such otheroff'icialsE!.s may be provided,. by th~City Charter or ordinances, or as maybe determined neces.sa-ry and 'the fixing of salaries to be paid such Qfficia2s. :'; Witness my hand and the .official seal" of th-eeityet West University Place on thi$ the 2nd' day of J~nuary,_ 194.5- ~~ ,'..Saty8eeretal'y c"';;;/::, 'I... . ,~ -', i,' . . " . ," ,.~l>_ '~_, . Mayor A. L .Ker bow . C0~';J .:M. Dunnington 0(s}m. Jack M. Ogg Oem.. .. " '" R * Hanca ok OOm. L";(.'; ,ttn Troy . 'r.3ta~;s - . - (~ L~ ./ : f~,", ,d.' =it . :::' ~. '.Jt' .', '.~ '"',"r , " , ' ':.! Ii\) -';', . . ~!.- . ,,1"" . ...;;j ," 'j ,-., ....~.... ,9' ,\~ MINUTES 011S:PEOIAL MEETING . January :3, 1945 Pursuan:'tto . a call dUly,issued ,by the Me.ya:r ,the' City Co.ssion c,onv,ened in., ,~,pe;C'ial se ssion on Weclne'sday, Janaar:r3 , '194; at 8' P. M. at t,heCity Hall. The members present were Mayor Kerbow, presiding, Com.~ missioners Dueington, Ogg, Hancock and Marti.n, and the City Secretary. . The 01;,y SecretarY:l>:resented Public Official Sure-ty Bonds in the '\ amount of '-J:'eQ.e e,aehfor each of the five' metilbe:r-&: of the Oi ty Oommission. Motion byComm.issioner Martin, seconded by Commissioner Hancock, that the bonds be. ae-eeptedand approved. Voting" Aye : Mayer'~Ker'bow" Commissioners Dunnington, Ogg, Hancock and Martin" Vo1iingNoe: Nefie Mayor Kerbow recommended the appointment of R. B. Allen as Ci'ty Engineer and City Secretary. Motion by Commissioner Martin, seconded by Commissioner Hancock, appointing R. B.;;Allen City Engineer at a salary of $2'1.5't!'OO per month /. plus .i.nereases"~.and "decreases or t-he escalator plan. ~. .( , \ " 1 , , Voti,ng Aye: Mayor "Kerbow, Commissioners Dunningtan, egg, Hancock and JIartin Voting Nee: "None Motion by Gommissione;T Martin, second'ed by Commissioner I)unnington'f appointing R. E. AllenCitySe~retary at:nosalary. . Voting Aye : Mayor -'Kerbow, Co1llli1issioners Dunnington, Ogg, Hancock ,and Ma,rtin . .Voting Nee: . None Mayor x:erbow recommended appointment of C. E. Gammill as City T:reasure~and Tax Collector and Assessor. , Mot-ion by, Co_issioner Dunnington, seoondedbyCotiJmissioner Martin, '/ appointing C. E. 'Gammill City Treasurer at asaiary of $-22.5.00 per month plus increases alrd 'decrease's of' "b'he e scala~or' .plan. ' Votingliye:, MalOr 'Kerbow, Comrrtissioners Dunnington, Ogg, Hancock and. Martin Vat1 ng N oe: Herne. Mayor Kerbow reoommended appointment of Troy T. Stokes as City At- tarne~-. ! {~ Commissioner Martin nominated Troy T. Stokes far the position sf City Attorney, Commissioner Dunnington seeo~ed the nomination. j , c '--'--- ~ r~-~ ~ '1 .~r - 'L - r"- lel ! t Commissioner ogg nominated Harvey T. Fieming for the position of City Attorney. Commissioner Hancook seoonded the nomination. ' Votlng :e,or :s:ary'ey T. Fleming: Voting agaip.st JIr. Fleming: Voting for Troy 'I'. Stok~s: Voting....agai1l$t,Mr. Stokes: GP1ll.' Hanoock and o~ Mayor Kerbow, Com. Martin and Dll'nnington . . Mayor Kerbow, Com. Martin and Dnnn'i:rrgton Com. Hancock and Ogg 1 ) The Mayor declared Troy T. Stokes elected City Attorney. Commissioner Ogg filed a sta tement regarding his vote on the' City Attorney tor inclusion in the minutes: . " , .y reasons for voting against Mr. Stokes as 'City Attorney are: 1. It is not a change for the better. 2. There is no necessity or, oeeasionfer the replaeementof thei1nqlediate pa'st City Attorney whoha.$ had extendedexperienee in munieipal matters independent of muni,ci:pa,l law, as. we,ll as in . munioipal law and who has served the City well in this and other oapacities over a long period. of years and who has" i;h.nough his, knowledge of munioipal matters been helpful to all cities and towns in Texas through his eff'orts regarding" the gross '.re~ oeipts charge made against utility companies. Also his work in connecti'on,witn tne'reJ(a$Lea.gue of Muniei'pali:ties has been a big help to tthe Oity .of,West UniversityPl:aoe... ' 3. If there is any o'eeasion for the appointment of a different City Attorney, then preferenoe shouldbe,gi.ven to another resi- dent of the City who has resided here morEh'than : two and one-halt years, as there are some 30 or 40 licensed attorneys living in West University Place; some' of whom have had experience in m~n1- eipal legal matters'. 4. eo 'far as I know, Mr. Stokes has had nGsxperienee in muni- cipa,,1 law nor .is there any record af'ln.is 'na.ving.hada part 'in any unselfish civic interest in West University' Place.... (Sign.ed) , Jack M. Ogg Mayor Kerbow recommend ed appointment of H. S. Jones f'or the position of JUdge of the Corporation Court. Commissioner Dunnington nominated H. S. Jones for the posi~ tion of Corporation Judge. Commissioner Martin seconded the nomin- ation. Commissioner Hancock nomina ted Mr. Tom Bailey for the position of Corporation JUdge. This nomination was seconded by Com. Ogg. .\ '! . l ~ . ; , , r .. '1. ~95 Voting for Mr. TQ~ ~ailey: Voting against Mr. Bailey: Com. Ogg and Hancock Mayor Kerbow, Com. . Dunnington and Martin Voting for H. S~ Jones: Voting against l1r. Jones: Mayor Kerbow,. Com. Dunnington and Martin " Com. Ogg and Hancock The Mayor declared that since'neither Mr. Jones nor Mr. Bailey received a foUr-fifths majority, no nominee had been elected,. Mayor Kerbow recommended appointment of Paul G. Williams as Clerk of Corporation Court. Commissioner Dunnington nominated Paul G. Williams for the po- sition of Clerk of the Corporation Court. Commissioner Martin seconded the nomination. . Commissioner Ogg nominated Marvin E.Cole for the position of Clerk of the Corpo,ra tion' Court. Commissioner Hancock seconded the nomination. Voting for M. E. Cole: Com. Ogg and Hancock Voting against Mr. Cole: Mayor KerbOW', Com. Martin and Du.nning- ton Volbing for Paul G. Williams: Mayor Kerbow, Com. Dunnington and Martin Voting against:Mr . Williams: Com. Ogg and Hancock Mayor Kerbow declared Paul G. Williams appointed to the position ", of Clerk of the Corporation Court,. Commissioner.Ogg filed, a stateIJJent. for inelusionin, tbe Minutes relative to his vote on the Clerk of the Corporation Coq.rt: "I have not voted for Mr. Paul G.Williams as Clerk of the Corp- oration Court because the immediate past Clerk of the Corporation Court, who is also Chief of our Auxiliary Police Foree, nastire- lesslt and. unselfishly served as Clerk of the Corporation Court and hers not voluntarily retired. Experience in this position is especially helpful to th~ Judge and City Attorney, and the city will be the loser in this instance by Mr. Williams' appointment. tf (Signed) Jack M. Ogg Mayor Kerbow recommended appointment of E. o. Rulon, Superintendent of Streets and Bridges and. Garbage Departments. Commissioner Martin nominated E. O. Rulon to the position of Super- I intendent of Streets and Bridges and the Garbage Department at a salary i of $22.5.00 per month plus increases and decreases of the escalator plan. Commissioner Dunnington seeomied the nomination. , I Commiasioner Hancock nominated J. A. Metcalf for the posit ion ot. . Streets and Bridges and Garbage Department Superintendent. Com. Ogg seoond':" ed the nOnQ.nat ion. ,', =~_._,.... -'~-~=, ,.,.~, r-"~~"O_"--_"''''=.., 906 Voting for J. A. Metcalf: Com. Ogg and Hancock Voting against Mr. Metcalf: Mayor Kerbow, Com. Martin and Dunnington Voting for E. o. Rulon:" Mayor Kerbow, Com. Dunnington and Martin Voting against N~. Rulon: Com. Ogg and Haneock Mayor Kerbow declared E. o. Rulon appointed to the position of Superintendent of the Streets and Bridges and Garbage Departments. Commissioner Ogg filed a statement for inclusion in the. Minutes explaining hi s vote on the Superintendent of Streets and Bridges: "I have voted against,the appointment of Mr. E. o. Rulon as Superintendent of street and Bridge, Garbage and. Parks, becaase it is a needle.ss expense. One f'ormer City Employee has satis- factorily performed the duties contemplated by the new Council to be performed by Mr. Harris and Mr. Rulon."' '---,/ (Signed) Jack M. Ogg Mayor Kerbow reoommended appointment of Ira Harris as Super- intendent of Water and Sewer Department. Commissioner Martin nominated Ira HarTis as Superintendent of, Water and Sewer Department at a salary of $2,0.00 per month plus in- creases and decreases of the escalator plan. Commissioner Dunnington seconded the nomination. Commissioner Ogg nominated J. A. Met,calf as Superintendent of the Water and Sewer Department. Commissioner Hancock seconded th~ nomination. Voting for J. A. Metcalf: Com. Ogg and Hancock Voting against lir. Metcalf: Mayor Kerbow, Com. Dunnington and Martin Voting for Ira Harris: Mayor Kerbow, Com. Dunnington and Martin Voting against Mr. Harris: Com. Ogg and Hancock Mayor Kerbow declared Ira Harris elected as Superintendent of the Water and Sewer Departm&nt. Commissioner Ogg filed a stateme.nt explaining his vote on the appointment Of Mr. Harris as Superintendent of the Water and Sewer De- partment for inclusion in the Minutes: "I have declined to vote for Mr. Harris as Superintendent of Water and Sewerage for the following reasons: .... i I i I j' -. ---.---==-. '"'-- - - '-1 r . "' --. '97 1. Mr. Harris has a political history, having heretofore been a city employe e :from 1933 to 1943, and the appointment or Mr. Harris in view of' s.u.ch history and his record as a city employee can only oause dissention within the city organiza- tion and unfavorable publioity for the City of West University Place. This is not only my personal observation, but is the conoensus of opinion of many. outstanding oitizens of this community. 2. The work contemplated to be done by him has been fully, ably and cooperativelY carried on by the immediate past General Maintenance Sunerintendent. There is no occasion for the replacement of"" such immediate past General Maintenance Super- intendent and if any occasion could be de~ed to exist the appointment of' some person other than Mr. Harris would be advisable in order to avoid political discord among the em- ployees of the City. 3.' Mr. Harris, by his activity in behalf of tne majority mem- bers of this new Couneil during the reoent oampaign, indi- cated. an expectancy of an appointmen~ whioh can only dis- oredit himself and those voting for him." (Signed) Jack M. Ogg Mayor Kerbow recommended appointment of E. A. Moreno as Direotor of Personnel. Commissioner Martin n-ominated E. A. Moreno as Direotor of Person- } nel at a salary of $2.5.00 per month.' Commissioner Dunnington seconded the nominat ion. Commissioner Ogg nominated Frank L. Bender as Personnel Director I at no salary. Commissioner Hanoook seconded. the nomination. Voting for Frank: L. Bender; Voting against Mr. Bender:, Com. Ogg and Hancock Mayor Kerbow, Com. Dunnington and Martin Voting for E. A. Moreno: Voting against Mr. Moreno: Mayor Kerbow, Com. Dunnington .and Martin Com. Ogg and Hanoock Mayor Kerbow deolared E. A. Moreno elected Personnel Director. Commissioner Ogg filed a statement for inclus ion, in the Minutes explaining his vote on the Personnel Director~ "I oppose the appointment of Mr. Moreno as Personnel Director because the immediate past Per sonnel Director ~as faithfully and effioiently carried out the duties of suoh office and no unfavor- able public oritioism of any kind has been made of him. ""! r """"'-~~~ . . ''1 9~ The predeoessor of Mr; Moreno has worked diligently and con- scientiously for the purpose of fulfilling the duties o"f such offioe for Htwo years without receiving from the City any monetary consideration, and the appointment of Mr. Moreno with a salary creates an expense which is absolutely unnecessary and farwhfuch the City can receive no better service than it has heretofore received without cost. ,There is no more reason for paying the Personnel Director than for paying the Chairman of the Planning Board, Health Board or any of the other Boards or citizens committees on which so many public spirited citizen's are ap- pointed and serve; even though our Charter perm ts the payment of compensation to the Personnel Director.~ '\ 1 --,' (Signed) Jack M. Ogg , Mayor Kerbow recommended appointment of Mrs. C. C. LUCa$, as Assistant to City Secretary. Commissioner Martin made a motabn which was seconded,by Oom- missioner Ogg employing Mrs. C. o. Lucas as Assistant to the Oity Secretary at $175.00 per month. Voting Aye: Mayor Kerbow, Com. Dunnington, Martin, Hancock and Ogg V ot ing Noe: None Mayor Kerbow recommended appointment of Mrs. C. C. Lucas as Deputy Clerk of the Corporation Oourt. Motion by Commissioner' Ogg, seconded by Co.mmissioner Dunnington, appointing Mrs. C. C. Lucas Deputy Clerk of the Corporation Court at no salary. Voting Aye: Mayor Kerbow, Com. Dunnington, Martin, Hancock and Ogg Voting Noe: None Motion by Oommissioner Dunnington, seconded by Commissioner Ogg, appointing C. E. Gammill Tax, Assessor and Collector at no salary. Vot ing Aye: Mayor Ker'bow, Com. Dummington, Martin, Hancock and Ogg Voting Noe: None Motion by Oommissianer Martin, seconded by Commissioner Dunning- ton appointing H. E. Shipp, Chief of Police at the same salary as received during prior Administration. Voting Aye: Mayor Kerbow, Com. Dunnington, Martin, Hancock and Ogg Voting Noe: None At this time Commissioner Hancock filed a statement relative to his vote on various positions: " 1 ! .., HI r ., -------r ; ."cn9 'r' Y:" 'UIn qualifying my votes against the persons that were ap- pointed to public jobs, I have this to say: I. I don't see fit to vote for anyone who during the past cam- paign had occasion to solicit my withdrawal, as in my es- timation, this type of person shouldn't be on the payrolls of the City, as, again in my estimation, they have. desires to be political bosses and not efficient employees of the City. 2. That, as I see it, the appointments I voted against tonight, in:' fant ': and' effect, constitute the formulation at a City paid political machine, second to none, in the eyes ot the taxpayers. However, the tact remains that the appointees were duly and legally selected tor their positions . and oan expect the fullest cooperation from me in any matter that is of interest to a citizen or citizens as a whole. ft (Signa d) Wayland R. Hanoock Th-e business for which the meeting was called having been con- cluded, by a motion duly made, seconded and carried, the meeting was declared adjourned. 4e.C ATTEST: ~~ CI SECRETARY .._~,~~.~.. ..c." ..~~1 r " '''1 ----r , 100' MINUTES OF EEGULAR MEETING January' 8, 1945 The City Commission convened in regular session at e P. M. on Monday, January 8, 1Sl.4.5, at the City Hall. Present were Mayor Ker'bow presiding, Commissio~ers Dunnington, Ogg, Hancock and Martin, and' the City Secretary. . The minutes of the regular meeting of December 12, 1944, of special meeting of December 18, 1944, and special meeting of January 3, 194.5, were read and approved. Commissioner Ogg, who had been appointed on December 18, Chair- man of a committee to draw resolutions relative to the death of Com- missioner Rarmeling, presented a resolution and moved its adoption. Commissioner Hancock seconded the motion. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hanco ck and Martin Voting Noe: None The resolution is as follows: "WHEREAS, City Commissioner, J. R. Harmelin-g, better known to his countless friends as ffJimmiefl Harmeling, re cently passed from this life, and it is the will and desire of the City Commission of the City of West University Place, Texas, to openly and formally ex- press its ap~eciation for the many services rendered to' the City by Jimmie, and it is the desire of each member of the City Commission to express the deep feeling of loss experienced by his passing; and nVffiEREAS, it is' impossi ble for any man or group of men to e x- press in words, written or oral, proper and sufficient gratitude for the ability, kindliness and worthiness of Jimmie as a man and as a public official, but it is in the feeble effort to express such ap- preciation that this resolution is offered and passed; tlTHEREFORE, BE IT UNANIMOUSLY RESOLVED by the City Commission of the City of West University Place, Texas, that the feelings and sentiments contained in this re'solution be forrrally and openly ex- pressed by the passage of this resolution in regular meeting assembled, that this resolution be spread upon the minutes of this meeting and that a certified copy be delivered by the Secretary of the City to :Mrs. Ha.rm.eling. "PASSED AND APPROVED this. 8 day of January, A. D. 194.5. (Signed) A. L. Kerbow MAY<R lQl ATTEST: (Signed) R. B. Allen Secretary (Signed) Wayland R. Hancock (Signed) J. M. Dunnington (Signed) L. J. Martin (Signed) Jack M. Ogg COMMISSIONERS The Mayor presented a Proclamation which he had issued declaring the week of January 18 ttK:Nll}W YOUR AMERICAN LEGION 'WEEK" ~ The Proclam- ation is as follows: It'1Jl.fHB::REAS the American Legion, John R. Burkett Post No. 77, has declared the week of January 18, 1945, Know Your American Legion Week in the Ci~ of West University Place; and . ttWHEREAS the Commander of the American Legion, John R. Burkett Post No. i7, has requested the Mayor of the City of West University PIa ce to issue a proclamation calling for the observance of the week of January 18, 1945, as Know Your American Legion Week inviting people of this city to attend appropriate ceremonies in the Community Rouse at 8:00 P.M. January 18, 1945. tlNOW, IDEtE'REFORE, I, A. L. Kerbow, Mayor of the City of West University Place, Texas, in recognit ion of the patriotic principles for which the American Legion stands, and further, in remembrance of the loyalty of our brave men and women who fought for:;. and died for, and who are fighting for and dying for, the cause of freedom and jus- tice, do hereby designate the week of January 18, 1945, as Know Your .American Legion Week anCi. I invite the people of the City of West Uni- versity Place to observe this occasion by atteming appropriate cere- monies in the Community House at 8:00 P.M. January 18, 1945; I direct that on that date the flag of the United. States be displayed on all municipal buildings. . ' "IN WITNESS "tlliERE:OF, I have hereunto set my hand and caused the seal of the Oity of West University Place, Texas, to be affixed. "DONE AT TEE City of West University Place, Texas, this 5th day of January, 1945." ( Signed) A. L. Kerbow A. L. Kerbow Mayor, City of West University Place, Texas The motion was made by Commissioner Dunnington, and seconded by Commissioner Martin, endorsing the Mayor's action is issuing $he pro- clamation relative to American Legion Week. Voting Aye: Mayor Kerbow, CorrlIlissi oners Dunnington, Ogg, Hancock and Martin Voting Noe: None -. .-. . =~-,=:;'=-==n, "-"'--'="r,=~~'---'-''-'C.-''1 ----.-:-- ~ . ~.-. lUZ Commissioner Martin nominated J. M. Dunnington as Mayor Pro-Tem. There being no other nominations, the Mayor put the vote which is as follows: Voting Aye: Mayor Kerbow, Commissioners Ogg, Hancock and Martin Voting Noe: None The question of whether it was ne cessary for the Superintendent of the Water and Sewer Department and the Superintendent of the Street and Bridge and Garbage Departments to take oath of office was raiSed. The City A.ttorney stated that in his opinion it was not necessary. ~ Motion by Commissioner Dunnington, seconded by Commissioner Martin, appointing A. F. Barnes as Engineer Member of the Board of Heal the Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hanco~ and Martin Voting Noe: None Commissioner Ogg nominated Dr. Elva A. Wright as member of the Board of Health. Commissioner Hancock seconded the nomination. Commis'sioner Dunnington nominated Dr. Wm. Frank Cole as member of the Board of Health. This nomination was seconded by Commissioner Martin. Voting for Dr. Wright: Commissipners Ogg and Hancock V oti ng aga ins t Dr. Wrigh t : Ma yoj:- Ker bow, C ommi s si one rs Dunning- ton ~nd Martin Voting for Dr. Cole: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting against Dr. Cole: NODe The Mayor declared Dr. Cole elected to the Board of Health. Co~ssioner Dunnington nominated Dr. S. Russ Denzler to the Board of Health. Commissioner Martin seconded the nomination. There being no further nominations the vote was put, which was asfolloV1S: p",", Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg and Marti n Voting Noe: Commissioner Hancock Mayor Kerbow declared Dr. Denzler elected to the Board of Health. Commissioner Dunnington nominated Dr. Seale I. Johnson for the pasi tion of City Health Officer. After some discussion" during which the request was made for delay in making the appointment, the Mayor postponed election of a City Health Officer until the next meet- ing of the City COIDmission. ""_. ,,--" .--' ""'--~. ... '0" r" ~P~="~~-"O'~'C':,1. r'~-' . 103 ~ _. '':: ,<1,. Motion by Commissioner Martin, seconded by Commissioner Dunn- ington, approving plat of. sub-division of the remaining acreage in the Haden and Austin Poor Farm tract located between Sunset Boulevard and Richmond Road as prepared by Wallace Reed, Developer, the said plat having been approved by the City Planning Board. . Voti ng Aye: Mayor Kerbow, Commissi oners Dunnington, Ogg, Han- cock and Martin Voting Noe: None Motion by Commissioner Ogg, seconded by Commissioner Martin, appointing George H. Ashcraft, Assistant Chief of Police at the same salary as heretofore received~ Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hanco ok and Mar ti n Voting Noe: None Motion by Commissioner Hancock, seconded by Commissioner Martin, approving appointment of a list of men submitted by the Mayor and approved by the Chief of Police to be Special Officers. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None The list is as follows: R~ B. Allen W. R. Hancock H. R. Wilkinson M. G. Bengel J. M. Cram G. L. Jackson,Jr. Gus Barkow J. Turner Rogers S. E. Rogers L. Camp E. O. Rulon Jim Davlin Billy Behm 1. A. Schomer Geo. W. Robinson Marvin E. Cole A. D. Slater John Suttle E. E. Dalton E. N. Lutz Ira A. Harris Ira S. Boydstun W. J. Willke Sid Jackman W. F. Semmelrog ge M. D. Patterson Donald Harding J. o. Werlla J. H. Woodard, Jr. D. C. Whitaker Motion bsr Commissioner Hancock, seconded by Commissioner Martin, ordering cancellation of all outstanding Special Officer Commissions and rurther ordering that the holders of such commissions be notified by letter of the cancellation. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None Motion by Commissioner Martin, seconded by Commissioner Ogg, ordering that all holders. of Special Police Officer commissions be covered by Peaue Officer Bonds; same to be paid for by the City. Voting Aye: Mayor Kerbow, Commissioner Dunnington, Ogg, Hancock and Martin Voting Noe: None ._~~~-~--''''l r '1 104 Mr. W. F. Ghiselin presented a letter together with copy of a report made by Engineer Bellamy in the employ of the State Health Department in 1939, whi ch saidr~port relat ed t 0 conditions and recommended improvements in the Sanitary Sewer System. The original of this report is contained in the files 01' the City and is available ! for study at all times by any citizen of this City. The matter was discussed at some length by the Mayor and others present. There being no further business to come before the Commission, upon motion duly made, seconded and carried, the meeting .was de- clared adjourned. . uL~ MAYOR ATTEST ~ '" ~ r=-"''''-''-'''.~'.~'"'--''=-="''''''-O=.~-=-='-'''-=''",'. ~T 105 MINUTES OF REGULAR :MEETING January 22, 1945 The City Commission convened in regular session on Morrlay, January 22, 1945, at 8 P. M. at the City Hall. Members present were Mayor Kerbow presiding, Commissioners Dunnington, Ogg, Hancock, Martin and the City Secretary. The minutes of the meeting of January 8 were read and approved. Motion by Comwissioner Martin, seconded by Commissioner Ogg, au- thorizing sale of $17,000.00 of 1936 Refunding Boros held in the Tax Revenue Sinking Fund to Charles B. White &. Company at par plus accrued interest to date of delivery. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None Motion by Commissioner Dunnington seconded by Commissioner Martin adopting an ordinance providing for the issuance of' $1.57,000.00 in Re- funding Bonds. V oti ng Aye:' Mayor Kerbow, Commi ssioners Dunnington, Ogg, Hancock and Martin Vat ing Noe: None The caption of this ordinance is as follows: llAN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF VtfEST UNIV'J:RSITY PLACE REFUNDING BOlIDS, SERIES OF 194.5 , IN THE AMOUNT OF $1.57,000.00, FOR THE PURPOSE OF REFUNDING AN EQ,UAL .AMOUNT OF VALID .AND SUBSISTING BONDED INDEBTED- I\lESS OF SAID Crry; PRESCRIBING THE FORM OF mE BONDS AI\1D THE FORM: OF THE TIIlTEREST COUPONS; PROVIDING FOR THE LEVY, ASSESmvIENT AND COLIECTION OF AN ANNUAL TAX ON EACH $100 VALUATION OF ALL TAXABLE PROPERTY SITUATED VITTHIN THE TERRITORIAL LThUTS OF SAID CITY TO PAY THE PRINCIPAL AND TI\f'J:1EREST ON SAID BONDS AT Ivi.4TURITY; EI\fACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AJ\1D PURPOSE OF THIS ORDINANCE; AJ\ID DECL..4.RING AN EIV1ERGENCY. II Mr. Litherland of' the Volunteer Fire Department appeared before the Commission and presented certain recommendations which the Fire Department had recommended that the City adopt. These recommendations are as follows: "The following recomnendations were passed by the Volunteer Fire Department to be included in the City's Budget effective this year 194.5." (1) Salary of the Fire Chief to be $.50.00 per month - This recommendation is based upon the responsibilities and the amount of time required in the performance of, his duties. .':;.~~~fC"!'''-:-''.'-- > 1:: " ._-1 __ ,.;..-.-.....,"-,:,' 1-- --',".-:..:1 I:-n- lOti (2) A.n allowance of $250.00 for delegate representatives to the Annual State Firemen's Convention. {3} An allowance of $60.00 for delegate representation to the A. & M. firemen's training school. Lack of representation at this school penalizes the City of West University Place one cent on each premium dollar. (4) We recormnend an addition of a paid fireman or the equiv- alent between the hours of 7 A.M. to 7 P.M. By equivalent, we mean someone whose spa cial duty is to make all calls with the regular driver." The Mayor announced" that he had issued a Proclamation es- tablishing January 26, 1945, as National Health Nursing Day. This was done in cooperation with the national organization for public health nursing. Motion by Commissioner Martin:, seconded by Commissioner Dunnington, ordering the holding of a public hearing on February 12, 1945, on the proposed change to the Zoning Law permitting construc- tion of duplexes on all lots facing Bissonnet Stree~ between Wake- forest and Buffalo Speedway. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hanc ock and Marti n Voting Noe: None Motion by Commissioner Hancock, seconded by Commissioner. Martin, designating the Southwestern Times as the official newspaper of the City of West University Place. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None The follovving men were nominated to constitute the City Plan Commission and Board of Adjustment: I. Q. Muller L. J. La Rue R. G. Hall E. ('I Jancik v. Frank C. Culver Motion by Commissioner Ogg, seconded by Commissioner Martin, appointi ng these men to City Plan Commission and Board of Adjustment. Voting Aye: Mayor Kerbow, Canmissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None .,."".. ' r ~. --, ~--, --"1 r ',...1' ~l ~O:{ Commissioner Martin nominated H. S. Jones Instructor of Police at $,0.00 per month. Commissioner Og~ nominated Tom Bailey for structor of Police at ~50.00 per month. for the position of the position of In- Voting for Mr. Bailey: Oommissioner Ogg Voting against Mr. Bailey: Mayor Kerbow, Commissioners Martin, Dunnington and Hancock Voting for Mr. Jones: Mayor Kerbow, Commissioners Dunnington and Martin Voting against Mr. Jones: Commissioners Ogg and Hancock . . Commissioner Hancock filed the following statement: "A statement pertaining to my negative vote on the appointment of H. S. Jones as Instructor of Police: This in .my estimation is the out and out payment of a Political debt with the taxpayers money as the ap- pointed person is an employee of the Accounting Dept. of the Texaco, and if we needed a Police Instructor he would not be qualified in any way. (It is my contention that we are not in need of the above position being filled, and at a later meeting I shall present an, ordinance repealing the order creating the position of' Instructor of Police.) (Signed) Wayland R. Hancock The Mayor declared Mr. HI S. Jones duly appointed. A letter was read from Mr. Clarence Orman, Principal of Persh- ing School relative to dogs congre~ting on tge school ground. Motion by Commissioner Dunnington, seconded by Cororaissioner I\!lartin, accepting resignation of Miss Thelma Buescher, operator of bookkeeping machine in Water Department, effective February 1, 1945. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None At this time the City Commission recessed to reconvene upon call of the Mayo r. - - - - - - - - - - - - - - - - - - - - - - - - - - - ,.. rLe~ ..t.tkt6_<-/ /' The City Commission reConvened in}session on Monday, February 5, 1945, at 8 P. II/I. at' the City Hall. Members present were Mayor Kerbow, presiding, Commissioners Dunnington, Ogg, Hancock, Martin and the City Secretary. ,.::.;C:;="""-..=='-'--_-,C"=~l~'_""__"~~___:':c".C"C: ~ 108 The City Secretary read a letter from. I,![r. H. S. Jones tendering his resignation as Instructor of Police. Ivlotion by Commissioner Martin, seconded by Commissioner Dunnington that the resignation be accepted. Voting Aye~ Mayor Kerbow, CO.mmissioners DUD..nington, Ogg, Hancock and Martin VotirJg Noe: None " i repeal tiol). Comn.ri ssioner Martin presented an ordinance prOV1.Qlng for the of the position of Instructor of Police "'end raoved its adop- COD@issioner Dunnington s~conded the motioh. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None The caption of this ordinance is as follows: llAN ORDINANCE REPE.ALING AN ORDINANCE CRE;ATTNG TIIf:i:: OJ:!"'FICE OF INSTRUCTOR OF POLICE PERSON1-11!."L IN THE CITY OJ:!' VrEST UNIVEHSITY PL..4 CE, T~8XAS, PRESCRIBItTG Till:!; DUTIE S OF Ell CH INSTHUCTOR, PROv'"IDING COl\.:1PENSATION TO BE PAID TO THE HOLDER OF SUCH OFFICE, FIXING AN EFFECTIVE DArr~, AND BE- PEALING ALL ORDINANCES OF THE CITY CONFLICTING HEREVlITH." Motion by Comruissioner Durillington, seconded by COIT~uissioner Wiartin'1 authorizing the City Engineer to make application to the ODT for permission to purchase a new garbage truck. Voting Aye: Mayor Kerbow, COIrJUissioners DUfl...nington, Ogg, Hancock and Martin Voting Noe: None Motion by CommissionerOgg, seconded by Commissioner Hancock, adopting ordinance providing for the creation of a Park Boarq con- sistir~ of five members. Voting Aye: Mayor KerbOW, Cornm.issioners Dunnington, Ogg, Hancock and Martin Voting Noe: None The captioh of this ordinance is as follows: I'AN ORDINANCE CREATING A BOARD OF .5 MEMBERS AS SUPERVISORS OF PLAYGROlHmS .A!-JD PARKS IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, PRESCRIBING TFIE DUTIES OF THE MEMBERS OF SUCH BOARD, FIXING AN EFFECTIV1!: DA"nE, A1'TI REPEALING ALL ORDINANCES OF TEE CITY C01\1]'LICTING BEREWITH." At this time the Commission recessed to reconvene at 7:30 P. M. on Wednesday, Rebruary 7, 1945. - - - - - - - - - - - - - - - - - - - - - - - - - - ~ "<-'.~"-,,.r .. :-1 109 The City Commission reconvened at 7:30 P. M., Wddnesday, February 7, 1945, at the City Hall after having recessed on February 5, 1945. Membens present were Mayor Kerbow, Presiding, Commissioners Dunnington,' Ogg, Hancock and Martin, and C. E. Gamm.ilL~'.'] Acting City Secretary in place of R. B. Allen, who was absent on account of illness. :Motion was made by Commissioner Ogg, seconded by Comissioner Hancock that the Fire Chief be paid a salary of $50.00 per month. . Voting Aye: Voting Noe: Commissioners Ogg aDd Hancock Mayor Kerbow, Commissioners Dunnington and Martin. Motion by COnL~ssioner Dunnington, seconded by'Mayor Kerbow, that Police Officer W. M. McDonald be promoted to the position of Sergeant of Police at a salary of $207.00 per month retroactive to January 1, 1945. Voting Aye: Mayor Kerbow, Cornmissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None On motion by COITmissioner Hancock, seconded by Commissioner lJiartin, the monthly allowance to R. B. AIle n for use of h is personal car be increased from $12.00 to $25.00 per month retroactive to January 1, 1945. ""Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin ""Voting Noe: None Motion by Commissioner Dunnington, seconded by Commissioner Martin, that the Community House Managing Committee consist of ten members including R. B. Allen. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin. ""Voting Noe: None Motion' by..CoJDlUissi6ner Martin, seconded by Cow.m.issioner Hancock, app0inti~g the following people 'as members of the Community House Manag- ing Committee: H. R. Browne B. R. Albertson Mrs. Oscar Sabom Mrs. Ernest Black Mrs. F. A. Huwieler Mrs. J. S. Watt Mrs. H. R. Funk Mrs. F. A. Hunter Arthur Gale, Jr. l...........-_,-'--'--------.._,.._~~_.j'_~_ "7't"'fe'~ - ,- r " ,... '...-..".~,.....~..,.... 1 ~::: r ....~..,....~....::":01n -rn- J.1U Voting Aye: JYIayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None Motion by Cormnissioner Ogg, seconded by Commissioner N~rtin, that the following persons be appointed as members of the Park Board: \ Mrs. E. F. Schweizerhof Mrs. A. A. Meister J. P. Ri.mmer W. B. Grove Mrs. H. S. Englebrecht Voting Aye: Mayor Kerbow, CornrrJ.ssioners Dunnington, Ogg, Hancock and Martin Voting Noe: None Motion by Commissioner Dunnington, seconded by Commissioner Martin, that the following men be appointed as members of the Board of Equalization: Carl S. Smith W. P. Haxthausen A. P. Boesch Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None Motion by Commissioner Hancock, seconded by Commissioner Ogg, that the following men be a ppointed as members of the Personnel Board: S. F. La Chance J. D. Hollingsworth L. Camp Voting Aye: Mayor Kerbow1;: Commissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None The City Secretary is instructed to notify Mr. M. T. Garrett of the Garrett Engineering Company to meet with the COlnmission at 8 P.M., Wednesday Februa~y 14, 1945, to discuss proposed Post-Wa~ plans. ;~ There being no further business to corre before the Commission, upon motion made, seconded and carried, the meeting was adjourned at 12:35 A. M., Thursday, February 8, 1945. \" ATTEST: t1/~ N.A YOR ...:-.- ~~~ CITY bECRETARY J'''~ " '1 . r n 1 ---'~.-r---~- -- -.-- 'lil MINUTES OF REGULAR MEETING February 12, 1945 The City Commission convened in regular session on Monday, February 12, 1945, at 8 P.M. at the City Hall. Members present were Mayor Kerbow presiding, Commissioners Dunnington, Ogg~ Hancock, Martin and the City Secretary. A public hearing on the proposed amendment to the city zon- ing ordinance had been set for this night but the secretary advised the Commission that there had been an error made in the publication of the notice and consequently the hearing could not be held. Motion by Conmissioner Hancock, seconded by Commissioner Ogg, resetting the date for the public hearing to be held on Marhh 12, 1945 and ordering publica tion of notice. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None At this time the commission recessed to reconvene on Wednesday, February 14, 1945 at 8 P. M. The City Commission reconvened at 8 P. M. on Wednesday, February 14, 1945 at the. City Hall. Members present were Mayor Kerbow presiding, Commissioners Dunnington, Ogg, Hancock, Martin and the City Secretary. Minutes of the regular meeting of January 22, and. the re- cessed meeting of February 5, ware read and approved. Motion by Commissioner Hancock, seconded by Commissioner Dunnington, authorizing increase in the salary of the City Treas- urer to $250.00 per month plus ine~eases and decreases of the es- calator plan, said increase to be retroactive to January 2, 1945. ~: Voting Aye: Voting Noe: Mayor Kerbow, Commissioners Dunnington, Han- cock and Martin . Commissioner Ogg Motion by Commissioner Ogg, seconded by Commissioner Dunnington, authorizing the transfer of the Tax Collector's account from the City National Bank to ~he University state Bank. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg ~ Hancock'and Martin Voting Noe: None 112 Motion by Commissioner Dunnington, seconded by Commissioner Martin, authorizing the purchase of Burroughs Bookkeeping Machine for the Water Department. Voting Aye: Mayor Kerbow)~ Commissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None The City Commission discussed the Post-War paving program with Mr. M. T. G-arrett of the Garrett Engineering Company . " There being no further business to come before the Commission, upon motion duly made, seconded and carried, the . meeting was declared adj ourned. ATTEST: ~~~~ City Secretary '~",. r '~-:-::"OC',:""-:~_=-O_''''=.='C_=,,,",_-=-C'''-''':_~~:: 1. .r . - 1_______ r---'-------- ~t:t MINUTES OF REGULAR JltlEETING . February" 26, 1945 ~ The City Commission convened in regular session at8 P. M. Monday, February 26, 1945, at the City Hall. Members present were Mayor Kerbow pre.sid.ing, Commissi ore rs Dunnington, Ogg, Hancock, Martin and the. City Secretary. Minutes of the regular meeting of February 12 and recessed regular meeting of February 14 were read and approved. Motion by Commissioner Ogg, seconded by Commissioner Dunnington, authorizing advertising for bids for the sale of the old Farmal1 mowing machine. Voting Aye: Mayor Kerbow],. Co1llD1issioners Dunnington, Ogg, Hanco ck a nd Mart in Voting Noe: None The City Commission instructed the City Secretary to advise the Board of Health that the commission would meet with the board to discuss matters pertaining to the Health Department on Monday, March 5, 1945 at 8 P. M. Motion by Commissioner Dunnington, seconded by Commissioner Hancock approving and adopting revised bUdget for the current fiscal year as presented by the City Treasurer. Voting Aye: Mayor Kerbow, Conmissioners Dunnington, Ogg, Hancock and Martin Voting Nae: None Motion by Commissioner Dunnington, seconded by Commissioner Ogg, authorizing appropriation of $100.00 out of the Health Department funds for the purpose of employing a person at .a rate of $1.00 per hour to contact residents relative to the cleaning up and keeping clean all vacant lots throughout the city. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Nartin Voting Noe: Nom The Direotor of Personnel, Capt. E. A. Moreno, presented the recommendations to the City Commission on eligible men to fill vacancy existing in the Police Department. Motion by Commissioner Ogg, seconded by Commissioner Martin, authorizing appointment of Billy McElroy as pat.:rolman at a salary of $150 .00 per month plus increases and decreases of the escalator plan. < Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voti ng Noe: None 114 Motion by Commissioner tfurtin, seconded by Commissioner Hancock, authorizing the City Secretary to advertise for bids on the sale of seventeen 1945 Refunding Bonds. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hanco ck and Mart in Vet ing Noe: None Motion by Commissioner Hancock, seconded by Commissioner Ogg, authorizing payment of fee in the amount of $250.00 to Harvey T. Fleming for opinion rendered the City in the matter of refunding of $157,000.00 of 1936 Refunding Bonds. -\ Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hanco ck and Martin Voting Nee: None Motion by Commissioner Ogg, seconded by Commissioner Martin, authorizing renewal of Time Deposit No. 1525 in the amount of $5168.15 with the City National Bank, said funds being a portion of the Tax Revenue Sinking Fund. Voting Aye: :N~a.yor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None Mr. W. F. Smith and Blakeley Smi th r.epre sen ting Howe and Wise Company appeared before the Commission soliciting engireering for the city on post-war paving work. These gentlemen discussed advance total fee and time involved in :performing the work. There being no further on motion duly made, seconded adjourned. business to come before the Comndssion, and carried, the meeting was declared C?D{~ MAYOR ATTEST: C~ARY " , i r-~-'"_CC_"- ""C~~1 r '-_C~~~C~~-~'-'l -~r'; 115 MINUTES OF SPECI~IU, :MEETING March 5, 1945 The City Commission convened in spe cial session pursuant to a call issued by the Mayor at 8 P. M. on Monday, March ;;, 1945, at the City Hall. Members present were Mayor Kerbow presiding, Com- missioners Dunnington, Ogg, Hancock and Martin and the City Secretary. The City Secretary read a letter to the Commission from Haile & MoClendon, Engineers, relative to post-war paving program. The City Secretary also read a proposal from Howe & Wise offering to furnish engineering services on the proposed post war paving program. On the matter of the selection of an engineer to act as consultant and furnish engineering services to the City on the post-war paving program, the 'Cammissian had a lengthy discussion. Approximately fit- teen citizens were present and also entered into the discussion. A motion was made by Commissioner Dunnington, which was seconded by Commissioner Martin, authorizing the Mayor, tbe City Attorney and the City Engineer to consult with M. T. Garrett of the Garrett En- gineering Company and negot iate a contract covering e~ineering ser- vices to be furnished the city on the post-war paving program and to present the proposed contract to the City Commission for adoption. Motion by Commissioner Ogg, seconded by Commissioner Hanoock, to table the motion. Voting Aye: Voting Noe : Commissioner Ogg and Hancock Mayor Kerbow, Commissioners DUnnington and Martin The question being called on the original motion .the vote was taken as follows: Voting Aye: Mayor Kerbow, Commissioners Dunnington and Martin Voting Noe: Commissioners Ogg and Hanoock Motion by Commissioner Ogg, seconded by Commissioner Hancock, authorizing the City to enter into a contract with Howe and Wise for the furnishing of engineering services to the City on the proposed post- War paving program in accordance with the tenns of the proposal sub- mitted by the said firm. Voting Aye: Vot! ng Noe: CommissionersOgg and Hancock Mayor Kerbow, Commissioners Dunnington and Martin r".' .... = .1 r- " r'l~ I I Ilb The Commission discussed health matters with members of the Board of Health, however ho action was taken. There being no further business to corre before the Commission, upon motion duly made, seconded and carried, the meeting was ad- journed. ATTEST: ~~ CITY SECRETARY 'C".,' r "-,./. : MAYOR ~--~r..:". . n r - -- r 1 .111 . Wi ----- - "'B' ~ "'<t' d .' ~Ji:' ' I . I i I ; 11 I : I t. ~;:. .1 :~~ i ", . ,~"" '..... .' '~:'::~""1" ;.;-:\ ,tNl tr-r':::, ", ' , ":,.- ;;: ~ . J- .f>.,:~ f".l" , ~,f I' ~.' ~ .:.." :1' " -{ \ ~. : ......--' The Honorable City Commission : Gentlemen: Pursuant to a oall duly issued by the Mayor there will be a Special ~eeting of theOity Commissio~ of the City of West!university Plaoe. 'I'e:x:as~at ti:OO PM on Monday~Mareh ;,194;,at the City Hall for the pujrpose of\epnside~Il!Land taking such action as may beaeemed neoessary with respect to the folloWing rUbjeot matter: 1.Board of Health \ 2.Post-War Street Paving ProgrtjUU and employment. of consulting engineer to initiate same. I Witness my hand and seal thi.st1he ; day of ~aroh, 194;. ~~O~.. ~Ci~~~ of W$;t University Pace,Texas. I I Mayor A.L.Kerbow Commissioner l.M.Dannington U lack M.Ogg " Wayland R.Haneock II L.d .Martin City Attorney Troy T.Stokes Y"",- ~ ~ ._~. ;~ t ',' ~~,~\ , . .eo' ~ if! l..._....._'=~...,.,.. 1 I' r "1 .~{~ .t ,''''i ~ \. ,.1 , :.; , . ';:,; r) , , ,:. ' ., . "i , d ',r _.-<~i' ;.; '" ", ~~~,;., :.' ."~; . ? '11~ PUBLIC BEARIID - March 12, 1945 On March 12, 1945, a public hearing was convened for the purpose of considering proposed amendments to the Zoning Ordinance to permit construction of two-family dwellings on all lots facing Bissonnet Street in Monticello Place between Wakeforest and Buffalo Speedway. Upon the opening of the hearing the' City Attorney advised the City Commission and those present that Mr. Wier, who had filed the petition for the proposed change, had written a letter to the City Commission withdrawing hif3 request and the City Attorney stated that in view of the withdrawal of the petition no action could be taken with respect to.theproposed change or public hearing. Motion by Commissioner Martin seconded by Commissioner Dunnington, dismissing the petition with prejudice. Voting Aye: Mayor Kerbow, Commissioners Dunnington Ogg, Hancock and Martin Voting Noe: None The public hearing was adjourned. ~---- - ')~."~r-': l~ '~~~~~I , r"~'O'~"~'''~~'''~'l Iii 120 MINtJTES OF REGtJIAR Iv'fEETING March 12, 194.5 The City Commission convened in regular session at 8 P. M. on Monday, March 12, 194.5, at the City Hall. Members p.t'esent were Mayor Kerbow, presiding, Commissioners Dunnington, Ogg, Hancock, Martin and the City Secretary. Minutes of the regular meeting of February 26 and special meeting of March .5 were read and approved with corrections. The City Secretary read a letter to the commission out- lining proposed changes to the street lighting system whereby four additional lights would be turned on and sixty-six existing 100 c.p. lights would. be changed to 2.50 c.p., which changes would re- sult in obtaining thirty-five additional free lights to the City. After some discussion the motion was made by Commissioner Dunnington, seconded by Commissioner Martin authorizing the Changing of the sixty-six 100 c.p. lights to 2.50 c.p.and the turning on of lights located on Buffalo Speedway at Cason and Carnegie Streets and on Cason Street at Mercer and Belmont, said changes to cost a total of $384.00 per year. ' t ~ Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None The City Engineer having been appointed on a committee with the Mayor and the City Attorney to draw up a contract between the City and the Garrett Engineering Company on the furnishing of en- gineering services on proposed street and other improvements pre- sented the proposed contract and read a report and recommendations on the contract to the City Camm~ssion. The contract and report was discussed by the City Commission and by various citizens present and a motion was made by Commissioner Martin, which was seconded by Com- missioner Dunnington, adopting a resolution authorizing the Mayor and the City Secretary to execute the contract with the Garrett Engineer- ing Company and further that the Garrett Engineering Company be di- rected to start work immediately on University Boulevard, Rice Boule- vard and the establishments of grades and working out of drainage pro- blems on streets adjacent to University Boulevard at a total advance fee of $177.5.00. , Motion was made by Commissioner Ogg, Which was seconded by Commissioner Hancock to table the motion. ..~~ ,~~ -:...... , . _rC'...'..,_,...._.,"""".""-.._r.r- '-..:1_ , . - . ~- - ~---I" ~~. 121 Voting on the mot ion to table: Voting Aye: Voting Noe: Commissioners Ogg and Hancock Mayor K.erbow, C6inmissioners Dunnington and Martin Voting on the original motion: Voting Aye: Mayor Kerbow, Commissioners Dunnington and Mart in Voting Noe: Commissioners Ogg and Hancock The resolution is as follows: "AUTHORIZING THE MAYOR OF THE CITY OF WEST UNIVERSITY PLACE, TEXA.S, TO EXECUTE A CONTRACT WITH THE GARRETr ENGINEERING C011JPANY FOR AND ON BEHAnF OF TEE CITY. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST Ul'ITVER SITY PLACE, TEXAS: 1. That the Mayor: be and hereby is authorized to execute a contract with the Garrett Engineering Company, Consulting En- gineers, Houston, Texas, for the performance of certain Engineering services, more fully set forth in said contract, a copy of which is attached hereto and marked Exhibit ttA". 2. That the City Secretary be instructed to file a copy of said contract in the Minutes immediately. following this Resolut~on. PASSED AI\1D APIROVED this 12 day of March, 194.5. ATTEST (~;R~~~) ~. L. Kgrbow Mayor R (Signed) . B. Allen City Secretary (Seal) The Commission recessed to reconvene upon call of the Mayor. U /..!G~ <<~.~_ ATTEST.: MAYOR- ~~ C TY SECRETARY '-'~i*"""-'--' r --"-~-~~~"'_.".,' i r'-'~'---~~'~----'"-'.-'-'-'l r-T Ii 122' CONTRACT EXHIBIT "A" STATE OF TEXAS COU11TY OF HARRIS WHEREAS, the City of West University Place, Texas, desires to cooperate with the President and the Federal Government in pre- paring at this time plans for a Post-War Construction Program, and WHEREAS, the City desires that an investigation and study of the public improvements needed by the City be made and a report filed with the City Commission in order to determine the feasibility and practicability of the respective projects, the estimated cost thereof and the economic advantages, if any, which might accrue to the City from said projects, and VffiEREAS, the City has under consideration the question of the advisability of acquiring, building or constructing Street Paving and Improvements, Waterworks Extensions, Sewage Disposal Plant, Garbage Disposal Plant, and Swimming Pool and such other projects as the City may designate, and WHEREAS, it is deemed to be to the best interest of the City that it employ oompetent, experienced engineers to make such 'investigation and study and prepare and file such report. NOW, THEREFORE THIS ~GREE.NIENT, made this day by and between the City of West University Place, Texas, acting herein by its Mayor, in accord- ance with a resolution heretofore passed, authorizing the execution of this contract, hereinafter called the nCITY" as party of the first part, and Garrett Engineering Company, Consulting Engineers of Houston, Harris County, Texas, acting herein by its President or Vice-President, hereinafter called the uENGlNEERSff as party of the second part, WITNESSETH: 1. The said Engineers shall make an investigation and study as to the feasibility and practicability of constructing or acquiring said improvements by the City of West University Place, Texas, and shall prepare and file with the Mayor, an Engineering report setting forth the results of said investi@3.ti:on and study and inclUding detailed estimates of the costs of the projects, esti$.ates of operating expenses, estimates of anticipates revenues, if any, together with such additional information as may' be re- quired by the City. I, , I___==~;'~;-O~':_ I r-~' '-'_'-,,"O'==7"'O~-C--"'=-'=-^~~-"-1 r-r--'~- . I' 123 2. The said report shall outline proposed methods of financing each project and the Engineers shall prepare preliminary plans and specifications and such other infom.ation and data as may be required and shall prepare and file applications for, and use due diligence to secure, Federal or state Aid (both loans and/or grants). for each of said projects as may be selected and designated by the City when such aid becomes available. The Engi- neers shall cooperate with and assist the City in financing each pro je ot as selee"b'ed 'by(' tne,~;a1:bcy';,~ ":' 3. Upon completion of plans to finance each project as selected by the City, said Engineers shall promptly prepare de- tailed plans and specifications, estimates of Quantities and costs, proposal forms, advertisement for bids, contract documents, per- formance bonds, insurance certificates and cooperate with the City in letting the contract for all construction work. 4. The Engineers agree to furnish a competent Resident Engineer during all of the time that any construction work is in progress and shall supervise the laying-out of the work, prepare estimates for payment and check all mater~als and work incorporated in the project. 5. Upon completion of the project, the Engineers shall furnish the City with complete maps of the properties as constructed or otherwise acquired.. 6. It is understood and agreed that the City does not have on hand available for the purpose, fundw with which to pay for all of said engineering services ani, except as modified by Paragraph 11 hereof, said Engineers agree to perform said work on a contingent fee basis to be paid from the proceeds of securities issued to finance each pro ject or projects or from other funds provided for that purpose; provided, however, that traveling ex- penses when authorized by the City ahd incurred as set forth under Paragraph 8 'hereof, shall not be on a contingent fee basis but shall be paid by the City upon statements reJ:Jd.ered by the Engineer. . 7. The Engineers shall be paid as compensation in full for their services the ltMinimum Fees for Professional Engineers in Texas, n as adopted by the Texas Society of Professional Engi- neers. A verbatim copy of said ffMinimum Fees for Professional Engineers in Texas" is attached hereto and marked Exhibit UB" and the time shall constitute a part of this contract. The basis of payment for all services to be performed by the Engineers shall be in acca rdance with the rat es, terms and conditions set forth in said Exhibit ttB't. In applying the scale of basic mJ.nlmum fees provided for in Exhibit uBit attached hereto, thettcost of Construction" shall form the basis of the Engineers' compensation and shall be con- strued to mean the aggregate cost of construction of all projects and improvements authorized at one time and for which funds are provided to pay the cost of construction. { >..._..,.""""""~",,,~,;, ~. -..- --~ ,- ._.~-'.. ,,,,,,-~,,,,',,,".,[ -"-- -.----..:. - '''-'''~~!"''!:':I.- .._ r~T-'--'- --- -- .'I':c-;-c--'--.--,----.------- 124 Where the City acquires any IDa terials, equipment or any other facilities by grant, donation or purchase at less than its reasonable market price from the United States Government or any department, agency or instrumentality thereof, or from the State of Texas or any board, commission or instrumentality thereof, or from any other source, the "cost of constructionft as set out in Exhibit flB" attached hereto insofar 'as the Engineers' fees are concerned, shall be based on the reasonable value of such rna ter- ials, equipment or other facilities rather than upon the ~actual cost thereof to the City. No per diem fees shall be charged by the Engineers for any work unless previously authorized in writing by the City. The f'ees far all work other than street paving shall be deemed to have been earned and shall be due and payable upon the performance of services as follows: No charge shall be made for the services as provided for in Section 1 hereof. Upon completion of the preliminary esti- mate and report on each project as ordered by the Gi ty, a sum equal to If)'''fo of the minimum. basic rate, computed upon a reasonable esti- mated cost of the project. Upon completion of detailed plans and specif'ications, a sum equal to 5510 of the minimum basic rate computed upon a reasonable eost"'e'stlmated on such specifications and drawings, or if bids have been received, then computed upon the 1 owe st bona fide bid or bids. The remainder of such fee shall be paid in monthly payments based on construction estimated until the a ggrega te of all payments shall be a sum equivalent to the basic minimum. fee computed upon the final cost of the work. ~tl"'AAt "PAV; ng' The Engineers shall promptly prepare at the request of the City detailed plans and specifications for paving such streets as may be designated by the City from time to time. For the preparation of such advance plans, the Engineers shall be reimbur sed, a s an advance p ayme nt to be credited against the total fees due the Engineers for said work when the street or streets are paved, a sum equivalent to the actual cost of salaries and materials involved in making the necessary field surveys. . --_/' r~-,-,o'_~_=~=',~,-="_"'_-o--c,.07=-o -"-",,.-,,-: _::1 r I : I: I :.L~:J For the following streets, the cost and time for completion of said field surveys is mutually agreed to be as follows: Paving - University Blvd., from Kirby toOommunity...$1050.00 - 35 days Establishing grades for drainage, curb and gutter and paving on Community, West Point, Academy, Wesleyan and College Streets from Case to Milt on and on Case, Swarthmore, Amherst, Milton from Community Drive to Auden St. . . . . . . . . . . . Paving - Rice from Kirby to Belmont . . . . . . . . . Pav~ng -Auden St. from University Blvd. to Rice. . . Preliminary survey and design of bridge over Poor Farm Ditch on University Blvd. ~ ~ . . . . . . 350.00 - 12 days Paving - vVeslayan from Bellaire to Richmond Road. . .950.00 - 32 days Establishing grades for drainage, curb and gutter and paving on all streets crossing Weslayan between Bellaire Blvd., Richmond Road, College and Academy Streets and also on College and Academy Streets between Bellaire and Richmond Rd. 400.00 - 14 days 325.00 - 10 days 125.00 - 4 days 300.00 - 10 days The compensation to be paid Engineers for their services for Street Paving is the "Minimum Fees f'or Professional Engineers in 'Texas" as adopted by the Texas Society of Professional Engi- neers and referred to above~ Upon the award of '8 contract or contracts or upon commencement of work by force account or otherwise for the paving of any of said streets, the Engineers. shall be deemed to have earned and shall be due and paid: a sum equal to 6ylo of the minimum basic rate computed upon a reasonable cost estimated on such specifi- cations and drawings, or if bids have been received, then computed on the lowest bona fide bid or bids, less the amount of the advance cash payment to the Engineers for the preparation of plans and specifi- cations for the street or streets to be paved. The remainder of such fee shall be paid in monthly payments based on construction estimates until the aggre~te of all payments, including the cash retainer fee, shall be a sum equivalent to the basic minimum. fee computed upon the final cost of the work. 8. 1fhenever the Engineers are ordered by the city to travel or to make trips other than those between the principal office (Houston, Texas) and the City, they shall be reimbursed the actual cost of transportation and living incurred. When traveling by pri- vately owned automobile, the Engineers shall furnish transportat ion _.,"=~~~- '-1 r .~O~~"~ '1 lid " fiT 126 on the basis of 5\i per mile, and all other travel shall be on the basis of actual cost. .All traveling expenses shall be paid upon a voucher duly submitted. 9. If it becomes necessary for the City to abandon construction of any project, the Engineers shall be paid just and equitable compensation for the work perfor~ed prior to the date on which they received written notice of such abandonment. If, after the detailed drawings and specifications have been prepared and submitted by the Engineers for any proJect, the City requires the omission of a substantial amount of' construc- tion work or the revision of the drawings and specifications, the Engineers shall be 8nti tIed to receive just and eCluitable compensation for all work performed. 10. The said Engineers shall have no authority to pur- chase any materials or contract any debts or obligations for or on behalf of the City, but all .materials shall be purchased and all contracts shall be made by the governing body of the City. ': 11. Prior to the commencement of any work under Section 3 hereof, either party may cancel this contract after 96 days' prior to written notice to the other party; otherwise, this con-_ tract Shall remain in full force and effect. In the event this contract is canceled by theCi ty, the Engineers shall be deemed to have earned and shall be promptly paid in cash fair and reasOn- . able compensation for all services rendered to date. If the con- tract is canceled by the Engineers, no claim shall be made by or allowed to the Engineers for services rendered to date. 12. All questions and disputes under this agreement shall be submitted to arbitration at the choice of either party. In the event the parties hereto are unable to agree on any ques- tion arising under this contract, the City and the Engineers shall, upon 10 days' wnittennqtice by the opposite party, designate and appoint an arbitrator and the two persons so appointed shall elect a third person and the three persons so appointed shall-constitute a Board of Arbitration, and the decision of the majority of said Board shall be binding upon both parties to this contract. The cost of arbitration shall be divided equally between the parties to this contract. 13. The said Engineers agree to carry Workmen's Compen- sation and Public Liability Insurance on all of its employees and none of said employees shall be deemed as employees of the City. 14. The parties hereto agree to the full performance of this contract. Ii i 127 EXECUTED IN DUPLICATE ORIGINALS at West University Place, Texas, this 15 day of March, A. D., 1945. CITY OF ~rEST U~J:VERSITY PLACE, TEXAS BY ( Sig;ned) A. L. KERBOW Mayor ATTEST: (Sig;ned) R. B. ALLEN Ci ty Secretary ( Seal) GARRETT ENGINEERII\1G C01viPANY BY~(Signed) M. T. GARRETT President EJ.rn:IBIT "BII Texas Soc iety of Professi onal Engineers MIN~~ FEES FOR PROFESSIONAL ENGINEERS IN TEXAS ACKNOWLEDGIDv1JENT In preparing the Schedule of Fees for Professional En- gineers in Texas, the committee used the report adopted by TSPE in 1942 and data from several other sources. The 1941 Schedule of Fees adopted by The Ohio Society of Professional Engineers, resulting from a six-year study by that Society, are believed applicable to Texas. That Society's fee schedule, therefore was adopted by a unanimous vote of the committee and is given below. -r=,-,,~,=,,=-===_=-"=L----r. -_. .-1 _~r- - "' ."1 " 'u II: 128 .. JlIrmamI IDS I'OR' finDU. :D11NBlel(1l'U lSJSK~QBS' YO.IORD 00 00 o \ . . Iff) eatlsf7 th. -reqU:8 ats -tor and l'eallz1D8. the. me oes811;1 01' havlng established aDel ~ooSll~_d staDdards at eqlJieel'1Dg Jo Factioe, the TeDs SOCJD:'ty t;Jf Profes8ional lIuglnee.r8.. has' .a4~pt- ed a mini pDUIJ fee Bo_du).e ~9r xn-otess.l~l e.~1neer1Ds..: . : 0 :. ~e tee sobedule represents the m.i"ilDUll oharses that are oompatible With .e~J1ee:r1JJft. S.,"108 01' the proper quall~y.aD4 scope. Divlsion A . . . . . .1. fte tollanns sohedule at basic minimum tees shall applr ~o general eDg1.J:i.8e.ring serviee.s th.roughout the Stat~:. . 008t Of c~nstrUct1on ~-- . . Basie ]I1,,1J11nm ]f'e8S (~) Less 'liban . . 10,000 10.0 plus or per.41_. . 0 10,000 -- 2.5,000. .. 8.'.... 2',000 -- .50,0~O ,.,. '0,000 -- '100.,000 '.0 100,000 -- . 2'0,000 . 6., 2.50,000. -- . . .500,000 . 6.0 Soo,OOO -- "0,000 S.S '7S0,000 -~ 1,000,000 ... . '.2.5 1,000,000 -..; 10,000,000 . .. . . '.0 OYer -- 10,000 ,000 '. .. 4~ S o. . .0. .. 2.. !rhe di"8trlbution .of. .b~eakdawn1t 01' the aIIdve BCsi1'84ule as applyl1'l8 .to the vario~s .p~ro8Jitage8 to~ the di1'tereD:t coat . elassit1aat1oDS 8ha1~ be as..tou.c.8:. .(All.in peMentages ot..the total fee~).. . . 0 . . . o. Preliminar,. .Estimates aDd Pr~lim1Dar,. Reports...... ~ ..5~. to'l~ Detailed Plans a~ Speolt~oatlona..........~~....~..'.5J:~o 601. General Supervls~on.....................................' . .. . ~'I. Baslo' Jlin1.1Id'\JIl :I'ee'.:. ...:~.... .:. . ... . ... eo-... e;. e _ . ....... . .l~" .. . . ~, . . . .. . .. . ~. Soheduled 1:e.'8 shall CQVeJ.- e~!J8er1ng .e"l~e~ .1n- . . 0 . clud1DS. prel1m1nary ~8t1_1?es. and pre1'-iD11lA1lJ" report's; oOmple.tEP. . 4eta.iled. plans and speoi~ ca.tions, and detailed estimates: f!t . oosts; . . . gene.ral supemelen 01' Qonetruotlon, .1noludlJ;Jg l1n8s and grade sur- vers; preparatlon of. Iloh:tl;rl,... and t1D8l..e~t~_tes tor oont~aoto~.'.. . . paJDl8nts. . .~ sobedule of .fees..d~e.s not ino~ude propertl, bou$ar,. . . or rl&bt-ot--r BUrYeJ8; 'l~eotlon\ at .oonstruction; .hop,. m1l~. ... . . . '..,.;-' .: -..-....._-;-.,.11" I ---....--.---: c,~:~~ field or laboratory inspection of materials; cost of test borings and other sub-surface explorations; or calculations of special assessments. These latter services shall be furnished by the Client, or, at the Client's choice, may be provided by the Engineer at a ctual cost. The Engineer shall furnish all necessary resident supervision but the Client shall pay, in addition to the basic minimum fees, the actual payroll cost of such resident supervision as may be required, in the opinion of the Engineer. "General Supervision" is defined as supervision of the con- struction by periodical visits by the Engineer or his representative frqm the office of the Engineer. UResident Engineerll is defined as the representative of the Engineer who has responsible charge of the construction work and spends a substantial part of his time on the work. "Inspector" is defined as a person who inspects the construc- tion in detail under the supervision of the Engineer or a repre- sentative of the Engineer. 4. Basic Minim.um Engineering Fees shall be used for bridges, buildings, power plants and electrical transmission, distribution and street lighting system.s, sewerage and sewage treatment improve- ments, water works and water treatment improvements. PaVing, sidewalks, heavy grading and extensions of water lines for local service shall be SUbject to a reduction of one per cent from the above Basic Engineering Fees. These reduced basic engineering fees shall include resident supervision, but do not include inspection for the various classes of work specified in this paragraph. ,. The above schedule is understood to be minimum fees for normal conditions and may be increased for difficult or unusual condi tions. 6. Should the Engineer be required to render additional service because of changes, delays or other causes beyond his control, then the Engineer shall be compehsated for such additional services on the basis of a per diem or monthly rate to be agreed upon between the Engineer and the Client. 7. Basic Schedule Fees may be reduced twenty-five percent (2510) for services to Architects or other Engineers by mutual con- sent and agreement or where reCiprocal privileges are accorded. 8. The Basic Fee includes the furnishing of three (3r copies of reports, plans and specifications (on paper). Additional copies shall be furnished to the Client at cost. Original documents, survey notes and tracings are and shall remain the property of the Engine er . "'~,..,..~~~ ,- ~-1 r '~~~~"~,",." '1 r '1- Ii i 1.30 9. The minimum fee for "Preliminary Est~w.@tes and Preliminary Reports," as set forth in preceding breakdown"'"'of the basic fee, is not intended to cover engineering services in connection with pre- liminary investi~tions and reports involving detailed consideration of operations, maintenance and overhead expenses,' or the prepar- ation of rate schedules for the sale of utility service, and con- sidera tion of the economic feasibility of such pro jects as muni- oipally or privately owned electric or other public utilities of a competitive nature. Fees for engineering services in connec- tion with preliminary investi~tions and reports of this nature shall be not less than fifteen per cent (15'70) of a basic minimum engineering fee (expressed as a percentage in paragraph two as applied to the Engineers' preliminary estimate of the project). Should the Engineer be engaged subsequently to furnish detailed plans and specifications and the general supervision of construc- tion, a part of the per diem or lump sum fee for the preliminary investigation and report equivalent to five to ten (5-10) per cent of the basic engineering fee shall apply as a credit' on the ba sic fee. 10. Minimum Per Diem Fees. (a) Fees shall be based on a per diem rate where the nature of the service to be rendered by the En- gineer is such that a percentage fee is not adapp- able or convenient, such as consultation and pre- liminary investigations. The fee for the principal shall be at the rate of $40.00 per day, with rates above this minimum commensurate with the nature of the service and the experience and the professional standing of the Engineer. (b) Fees for services in connection with legal proceed- ings shall be at the minimum rate of $50.00 per day for the principal except that the minimum fee for appearance in court shall be $50.00 per day or fraction thereof. (c) All services of assistants, draftsmen, etc., sh1:l.l1 be paid for at actual cost plus one hundred per cent (10010) for overhead, "readiness to serve" and profit, or at an equivalent minimum per diem rate, and in ei the I' case plus ttautside expensett at net cost. The term "outside expenseff shall include transportation and sustenance incurred by the Engi- neer or his assistants traveling in diSCharge of duties connected with the work, and shall include the net cost of incidental expenses such as tele- grams, telephone toll charges, extra reproduction of prints or photos of drawings, specifications and other documents required for the proper execution of the services for the Client. 131 11. Lump Sum Fees. (a) Fixed lump sum fees shall not be less than those oomputed on a per diem or percentage rate. 12. Violation. (a) Non-oompliance with the terms of this schedule will be considered as unethical practice by the Texas Society of Professional Engineers. _l__~~r: :-~ _,_'--~:1_ r'- I 1'82 'MI~1UTES,OF REGULAR MEETING March 26, 1945 The City Commission convened in regular session on Monday, March 26,1945 at 8 P. M. at the City Hall. Members present were Mayor Kerbow presiding, Commissioners Dunnington, Ogg, HanQock, Martin and the City Secretary. Minutes of Public Hearing of March 12 and regular meeting of the City Commission of March 12 were read. and approved. Motion by Commissioner Dunnington, seconded by Commissioner Hancock, authorizing the payment by the Ci tyoi' one percent of the paid firemen's pay into the Firemen's Disability Fund. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None Motion by Commissioner Ogg seconded by Commissioner Dunnington instructing the City Treasurer to pro-rate the $2712.82 check from the Houston Light &: Power COffiI)any t.o the General and Water-Sevver FundS on the basis of bills paid for light and power during the past calendar year. . Voti-ng Aye: Mayor Kerbow, Commissi oners Dunnington, Ogg, Hancock and Martin Voting Noe: None A peti ti on signed by ten re sidents residing in the 6.500 block of Brompton Road was read to the City Corrmission. The petition com- plained of a commercial nursery business being operated in their block. Attached to the petition were advertisements which the operator of the alleged commercial establisament, ~IT. Ferd Rieger, had carried in Hou- ston papers advertising plants for sale at his address. The City.Sec- retary was instructed to write a letter to 1tt. Rieger calling his at- tention to the provisions of the Zoning Ordirance which prohibit oper- ation of commercial establishments in the area and advising him to cease such operations. Motion by Commissioner Ogg, seconded by Commissioner Dunnington~ authorizing transfer of' $.5,000.00 out of the Water-Sewer Operating Fund to Water Replacement Fund and $1,.500.00 out of the Water-Sewer Operating Fund to Sewer Replacement Fund, said amounts to be invested in City Na tional Bank Certi:fi cates of Deposit bearing one per cent per annum. Voting Aye: Mayor Kerbow, CO!lLmissioners Dunnington, Ogg, Hanco ok and :Martin Voting Noe: None /""~C-_~'.~"=-="-='''-OC'_''-''=''''~=~.~. _, ~::::~:::.;.:..:.::_r ~--_7.===-"==-~ ':"~'~~'-~.-::1 ,'-r'-_U' I" , , laB Motion by Cow~issioner Martin, seconded by Commissioner Dunn- ,I ington, authorizil1g is~mance of Special Police Officer1s commission to Mr. J. M. Huffington provided that K~. Huffington furnish and pay his own special officer's bond. Vhting Aye: Mayor Kerbow, Comrnssioners Dunnington, Ogg, Hancock and Martin Voting Noe: None Uotion by Commissioner Hancock, seconded by CQmmissioner Dunnington, authorizing destruction 01' thirty bonds and warrants which had been paid on me.turity date. List of the se bonds and warrants may be 1.' ound in the Bond Record Book. Voting Aye: Mayor Kerbow, Comrrrissioners Dunnington, Ogg, Hanco ok and Martin Voting Noe: None 1'lotion by Co.mm.issioner Dunnington, seconded by Cow..missioner Hancock, authorizing' transfer fro~ General Operating Fund to Tax Revenue Siili~ing Fund an amount necessary to nEet requirements for interest and principle of the funded debt on April 10, 1945. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and l~rtin Voting Noe: None The City Attorney was authorized to prepare and present to the City COll1ffiission at the next regular meeting, an ordinance provid- ing f'or the collection of' delinquent taxes by the City Attorney. ~f_ ~:,- to, The City Secretary read an opinion furnished the City Cormnission by .the City Attorney rela ti ve to interpretation of the term "Elective Officers and Officials" as designated in the City Charter. This opinion is fi led under the heading of "Legal Department it. The City Attorney, having been re quested by the City Plan Com- mission to advise them relative to their authority to place interpre- tations on ternm of the Zoning Ordinance, reported to the Commission that the City Plan Commission had authority to place its interpretations on any terms in the Zoning Ordinance, however such inte rpreta tion would be subject to review by any court of jurisdiction, and in order to strengthen the Zoning Ordinances and to eliminate question of the City Plan Commission's authority, he recommended that an ordinance be pre- pared defining the raatters at issue which would strengthen the Zoning laws and obviate necessity of interpretations. The City Comission in- structed the City Attorney to prepare such an ordinance and present it to the City Commission for adoption. ~.<j:~~:;" .. ~.,...., "'"r""''FT~ ' . ~'1 r 134 The City Secretary was instructed to write a letter to the Houston Electric Company requesting th~1 to deliver to the city a copy of the contract covering operation of busses by the Houston Electric Company over city streets for the last five years. This action was taken as a result of the City Secretary's report to the Commission that no copy of the contract could be found in the city's files. There being no further business to come before the Commission, ~ upon motion duly made, seconded and carried, the meeting was de- clared adjourned. ATTEST: a/~ Mayo r ~ Ci ty eeretary .... I I ~ O"C~"~~"~'''''''''''''=''=~'''l ,,__ ..............1'. .,=....~~.1 . 1'1'- 135: MINUTES OF REGULAR MEETING April 9 t 1945 The City Commission convened in regular session at 8 P. M. on Monday, April 9, 1945, at the City Hall. Members present were Mayor Kerbow presiding, Commissioners Dunnington, Ogg, Hancock ,Martin and the City Secretary. Minutes of the regular meeting of March 26 were read and ap- proved. Motion by Commissioner Dunnington, seconded by Commissioner / Martin, instructing the Chief of the Fire De]artment to furnish the City Oommission with copies of all reports made by him to the Fire Insurance Division of the State Insurance Commission. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None Motion by Commissioner Hancock seconded by Commissioner agg, authorizing purchase of $17,000 of 1945 Refunding 2-1/2 and 310 Bonds ~ from Charles B. White & Company at par and accrued interest for the Tax Revenue Sinking Fund. Vat ing Aye: Mayor Kerbow, Commissioners Durmington, Ogg, Hancock and Martin Voting Nae:' None Motion by Commissioner Ogg seconded by Commissioner Martin, adopting a resolution authorizing the City Attorney to file suits on delinquent taxes and providing for the payment of fees to the City Attorney for his services in connection therewith. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None v The resolution is as follows: A RESOLUTION AUTHORIZING THE CITY ATTORN11'Y OF WEST UNIVERSITY PLACE, TEXAS, TO FILE SUIT ON DELINQUENT TAXES IN SAID CITY AND AUTHORIZING THE FEES TO BE PAID SA.ID ATTORNEY FOR SAID SERVICES. WEEREAS, there are a large nunIDer of persons who own property within the City of West University Place, Texas, who owe delinquent ad valorem taxes and it is the will and desire of the City that tax suits be filed against such owners in all cases where the owner or owners of such property owe delinquent taxes for any year or years prior to 1942, and it has instructed the 'rax AsseSsor and Collector r . ='==~:.~1 _~_r~'~"'-.o'--"O"--'===.='~""'-=:1 -rUTU" . I' ,-' 136 to deliver to the City Attorney all requisite statements and inform- ation necessary to the filing of tax suits; and WHEREAS, it is the will and desire of the City of West Uni- versity Place, Texas, that the City Attorney be paid a sum equal to 1510 of all taxes, interest and penalties collected on properties . upon which suit is filed; THEREFORE, BE IT RESOLVED by the City Commission of the City of West University Place, Texas, that the City pay to Troy T. Stokes, City Attorney, a sum equal to 1510 of all taxes, interest and penal ties collected on all properties upon which tax suit is filed or tax suits are filed by the said Attorney, such money to be paid as and when the same is collected by the City ror such taxes, interest and penal- ties, whether collected before judgment or after tax sale; and, in the event any property goes to tax sale and is purchased by the City or any other governmental taxing unit, then, in such event, such at- torney's fee shall be payable in cash by the City upon any such pur- chase; '\ I , I AND BE IT FURTHER RESOLVED that this resolution shall c onsti- tute a contra ct between the City and its Attorney and that the City Secretary furnish a certified copy of the same to the City Attorney for his file. PASSED AND APPROVED this 9th day of April, A. D., 1945. (Signed) A. L. KERBOW Mayor (Signed) R. B. ALLEN City Secretary (Seal) The City Engineer reported that pursuant to instructions of the City Commission he had advertised for bids on sale of two old White trucks and the old Farmall Weed Mower, the closing date of bids was 8 P. M. of this date. Two bids were received on the purchase of the two old Whi te trucks as follows: Johhny Franks Auto Parts Company A. ,G. McKinney" Goose Creek, 'l'exas $210.00 201.50 No bids were received on the sale of the tractor. The City Engineer recommended rejection of the two bids received on the trucks. r~~.~~'..~.'n'"..,~=.<\ " f ..< "'''''''1 ,HI I' , i I 137 Motion by Commissioner NIartin seconded. by Commissioner Hancock v/ authorizing the City Engineer to sell the two White trucks for a price of not less than $250.00. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock ana Mart~n Voting Nae: None Motion by Commissioner Hancock, se conded by Commissioner Martin, authorizing the City Engineer to sell the Farmsll Weed Mowing tractor at v/ a price of not less than $500.00. . Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Haneockand Martin Voti ng Noe: None Motion by Commissioner Dunnington, seconded by Commissioner Mar- tin, granting permission to the American Legion John R. Burkett Post y/ No. 77 to place a piano in the Community House for its own use and for the use of others at a price of $10.00 per night and that the City Seo- retary be responsible for the colleotion of the rental fees and turning same over to John R. Burkett Post No. 77. . " Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None Motion by Commissioner Martin, seconded by Commissioner Han-/ cock, authorizing an increase in the rate of pay of 5 cents per hour ,r for all labor employed by the Water~Sewer Department, Garbage Depart- ment, Street and Bridge Depar~ment and Park Department, effective with the beginning of theourrent week. Voting Aye: Mayor Kerbow, Co:mm.issioners Dunnington, Ogg, Hancock and Martin Voting Noe: None 'i'h.ere being no further business to come befoY-e.the COmmission, upon motion duly made, seconded and carried, the meeting was de~lared adjourned. a/~ Mayor ,. . "., " r~ ",~"",,~'~~=~"~41 rl " . [' i 138 MINUTES OF REGULAR MEETING Alpril 23, 1945 The City Commission convened in regular session on Monday, April 23, 1945, at 8 P. M. at the City Hall. Members present were Mayor Kerbow presiding, Commissioners Dunnington, Ogg, Hancock and Martin, and the City Secretary.. \ Minu.tes of regul~r meeting of April 9 wer~ read and approved. Commissioner Martin presented a resolution expressing sym- pathy and.regrets of the Commission regarding the death of the late President, Franklin Delano Roosevelt, and moved its adoption. Com- missioner Dunnington seconded the motion. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg Hancock and ':Martin None V ot ingNoe : The resolution is as f'ollows: "EXPRESSING THE SENTIlvrENT AND REGRi!:T OF THE PASSING OF FRANKLIN DELANO ROOSEVELT, PRESIDENT OF THE UNITED STATES. ft WHEREAS, on the 12th day of April, A. D. 1945, our beloved Franklin Delano Roosevelt, President of the United States of American, passed this life and \1\1HEREAS, the passing and loss of' the beloved Franklin Delano Roosevelt came at a time when this country faced a national and international crisis. THEREFORE, BE IT RESOLVED'by the City Commissioners of the. City of West Un:i,versity Place, Texas: That the regret and swmpathy of the passing of the beloved Franklin Delano Roosevelt, President of the United States, is here expressed by the City Commission of the City of West University Place, Texas, and that this resolution be entered upon the minutes of said City Commission. Passed and approved this a3rd day of April, A; D. 1945." (Signed) A. T.. KAl"nOW A. L. Kerbow Mayor \ ATTEST: (Signed) R. B. Allen R. B.Allen, City Secretary 139 Motion by Commissioner Hancock, seconded by Commissioner Ogg authorizing issuance of Special Officer's commissions to J. K. Mooney and D. E. Tally and further authorizing payment of surety bonds to these two special officers. v- , Voting i'lye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None Motion by Commissioner Martin, seconded by Commissioner Dunn- ington authorizing the City Attorney to proceed in the matter of com- plaints made against 1~. . Ferd Ri~ger of Brompton Road, wherein Mr. Rieger is alleged to be conducting a commercial establishment at his residence, to the end that satisfactory conclusion of the mat- ter may be brought about and authorizing the City Attorney to, use his best judgment in the case. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting Nae: None ,:"'- Motion by Commissioner Martin, seconded by Commissioner Dunn- ington, approving employment by the Board of Health of a' Sani tarian 1./ to be a full time city employee working under the direction and supervisio n of the Board of Health and associa ted with the Harris County Health Unit. Voting Aye: Voting Noe: Mayor Kerbow, Commissioners Dunnington, Ogg, Hanco ck and :Martin None Motion by Comm~ssioner Martin, seconded by Commissioner Hancock, approving the action of the Board. of Health in appointing Dr. Grady Deaton, Director of Harris County Health Unit, to be City Health Officer of West Univer~i ty Place at a salary of $1.00 per year. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hanc ock and Mart in Voting }Toe: None Motion by Commissioner Hancock, seconded by Commissioner Ogg, appointing J. A. Metcalf, Fire Marshal:!. at a salary of $300.00 per year, payable in equal monthly installments. v Voting Aye: Voting Nae: Commissioners Hancock and Ogg 1lliyor Kerbow, Commissioners Dunnington and Martin Motion by Commissioner Martin, seconded by Commissioner Dunn- ington, appointing E. A. Rulon Fire Marshall at no salary. Motion by Commissioner Ogg, seconded by Commissioner Hancock, to table the motion. / rc"~~~~'o - -1 I~C~~"""'" ...., r ''I I:: -140 Voting on the motion to table: Voting Aye: Voting Noe: Commis si oners Ogg am Hanco ck Mayor Kerbow, Commissioners Dunnington and Martin Voting on the original motion to appoint E. A. Rulon Fire Marshall: Voting Aye: Mayor Kerbow, Commissioners Martin and Dunn- ington Voting Noe: Commissioners Ogg and Hancock Mption by Commissioner Hancock, seconded by Commissioner Ogg, '"" appointing Tom Bailey Judge of the Corporation Court. Voting Aye: Vot ing Noe: Commissioners Ogg and Hancock Mayor Kerbow, Commissioners Dunnington and Martin Motion by Commissioner Martin, seconded by Commissioner Dunnington, appointing Herbert Jones Judge of the Corp,ora~ion Court. Voting Aye: Mayor Kerbow, Comnissi oners Dunnington and Martin Voting Noe: Commissioners Ogg and Hancock . . The appointment failed to carry due to lack of four-fifths majority as required by the City Charter. The Mayor recommended appointment of George H. Stevenson, 3729 Plumb, as Judge of the Corporation Court. Motion by Commissioner Martin, seconded by Commissioner Dunnington, appointin.~ GeorgeH. Stevenson Judge of' the Corporation v Court at a salary of $.50.00 per month. ' Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hancock and Martin Voting Noe: Commissioner Ogg The Mayor declared lllfr. George H. Stevenson duly appointed Judge of the Corporation Court. Motion by Commissioner Martin, seconded by Commissioner 'i Dunnington, authorizing payment of lump sum amounting to $1.50.80 to Judge Tom Bailey for services rendered as Judge of the Corpora- tion Court to date. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None Ii r=-~~~~ r ...._,- -'. 1 r 1'----'.. .. - "'l,~f-' ,141. Representatives of the Garrett Engineering Company present- ed plans and specifications for the paving of University Boulevard from Kirby Drive to Community Drive in accordance with terms of agreem.ent entered into with the Garrett Engineering Company at previous meeting. Plans were discussed and ordered filed with the City Engineer. There being no further business to come before the Commis- sion, upon motion duly made, seconded and carrie~, the meeting was declared adjourned. a/cI(-(~ ~ aYOR ATTEST: ~ dT1'Y S CRETARY [~~~= ~I " r--- ~""'~~~~"-'~"'l r-T"~- 1.42 Minutes of Regular Meeting May 14:, 1945 The City C omission cop.vened in regular 'session on Mom ay, May 14, 1945, at 8 P. M. at the City RaIl. Members present were Mayor Kerbow, presiding, Commissioners Dunnington, Ogg, Hancock, Martin and the City Secretary. Minutes of meeting of April 23 were read and ~pproved. Motion by Commissioner Martin, seconded by Commissioner Han- / cock, authorizing the City Engineer to place order for Ford tI:'uck' ; chassis for garbage department at a cost of approximately $1.550.00. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Ranoo ck and Marti n Voting Noe: None Motion by Cormnissioner Martin, seconded by Commissioner Dunnington, authorizing the City Engineer to place order with the Grace Manufacturing Company of Dallas, Texas, for body for garbage truck at a cost not to exceed $1780.00 including mounting on truck chassis complete ready for operation. Voting Aye: IvIayor Kerbow, Commissioners Dunnington, Ogg, Hancock and IvIartin Voting Noe: None Motion by CommiSSioner Ogg, seconded by Commissioner Martin, authorizing the Mayor and City Secretary to execute an agreement with the Sheriff of Harris County granting said Sheriff authority to install radio receiving and transmitting antenna on the elevated water tank located immediately south of Bellaire Boulevard in the 3700 block, provided that said agreement shall meet with the approval of the City Attorney. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None \/ Motion by Commissioner Martin, seconded by Commissioner Dunn- ington, authorizing the payment of salary to Supt. Ira A. Harris during the period that he is ot'f duty as a result of injuries re- ceived in fall at the Water Plant, and further authorizing payment of all doctors, hospital and nurses bills and medical expenses in connection with said injury currently (or unt il further notice). Voting Aye: Mayor KerboW, CommiSSioners Dunnington, Ogg, Hancock and Martin Voting Noe: None r'="""",",'''''~1 r ",,~~,," '~'~ I I l;q:~ Motion by Commissioner Martin, seconded by Commissioner Ogg, v authorizing payment to A. P. RabO of salary quring the time he is off duty as a result of injury received at the Water Plant and fur- ther authorizing payment of all doctors, hospital and nurses bills and medical expenses currently (or until further notice). Voting Aye: :Mayor Kerbow, Commissioners Dunnington, Ogg,Hancock and Martin Voting Noe: None The Oi ty Engineer reported to the O,o:rrmissio n the necessity for installation of 24ft storm sewer line to Well No'., .5 at the Water Plant for the purpose of diSCharging blow-off water into said storm sewer system. The Engineer explained it was necessary to blow the well due to sand being produced by the well during approximately first hour of operation and it is proposed to blow the water con- taining sand into the storm sewer system, and after water has cleared to turn Same into storage tank. Motion by Commissioner Ogg, seconded by Commissioner ~~rtin, v' authorizing the City Engineer to proceed with installation of sewer line approximately 100 feet in length from existing storm sewer on College Street to well location on Water Plant grounds. Voting ,Aye: Ivlayor Kerbow, Gomm,issioners Dunnington, Ogg, Hancock and Martin Voting Noe: None Motion by Commissioner Dunnington, seconded by Commissioner y' Martin, authorizing purchase of new diaphragm pump for use at the Sewer Plant and other locations in the city, at a cost of not to exceed $375.00. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg~Hancock and Martin Voting Noe: None The City Commission instructed the City Engineer to work witJ.;a Garrett Engineering Company on matter of obtaining funds from the Federal Works Agency for engineering fees on plans and spe cifi- cations covering post-war projects. Motion by Commissioner Ogg~ seconded by Commissioner Hancock ( authorizing increase in salary of Chief of Police to $255.00 per month. Voting Aye: Voti ng Noe: .coYJ,mis,s1:onexs Oggand',Hancock ',; t~a#orH:Kefi13dw, ':: c()m1rlissioners Dunnington and 11art in 'r=~'''l ,. f ~==""-l 1'.1 ' ,,- .'..-.'.-'_'c '''', m J:' ]'_...... U x144 Motion by Commissioner Martin, seconded by Cow~issioner Dunn- ington, approving employment of ~~s. Geraldine Pryde as bookkeeping machine operator in the Water Department at $130.00 per month. Voting Aye: Mayor Kerbow, CommissiC:mers Dunnington Ogg, Hancock and Martin Voting Noe: None There being no further business to come before the Commis- sion, upon motion duly made, seconded and carried, the meeting was declared adjourned. a/j'~ ATTEST,: J!i1AYOR ~ ITY 'u.:JCRETARY -I , I" 140, MINUTES OFREGUL.AR MEETING MAY 28, 1945 'Fhe City Commission convened. in regular session at 8 P. M. on Monday, May 28, 194.5 at the City Hall. Members present were Mayor Kerbow presiding, Commissioners Dunnington, Ogg, Hancock and Martin and the City Secretary. Minutes of the meeting of May 14, 194.5, were read and approved. Mr. L. J. LaRue called the Commissions attention to the fa~t that children were entering the stormse-vrer in the rear of the qatholie Church where the storm sewer enters the drainage ditch and urged that some action be taken to tence off the outfall to' prevent ehildren from playing in the storm sewer. Motion by Commissioner Malrbinil"tselJ'- v'/ onded by Commissioner Dunnington, instructing the City Engineer'to take the necessary steps to have wire fence constructed about the headwalls of the outfall structure in order to exclude persons from ~ entering sewer. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None M.r. Hurst and Mr. Roussel residing on Brompton Road appeared before the City Commission and discussed several matters relating to construction of new homes in their neighborhood. 'Fhe City Engin- eer was instructed to confer with Mr. Pat Neff, owner of house being built at the corner of Wakeforest and Pittsburgh with a view of having Mr. Neff level rear portion of his lot in order to prevent water from going on to adjoining property. Mr. E. A. Moreno, Director of Personnel, presented a letter to the Commission recommending declaration of Memorial Day as an Official holiday. No action was taken by the Commission. Mr. Grant of Garrett Engineering Company presented plans and specif.ications for the paving of Rioe Boulevard from Kirby Drive to BeiLmont Street. He also presented latest information on the matter of fL\.ing for application for advance engine ering fees on post-war / projects. Motion by Commissioner Jlfartin, seconded by Commissioner -( Hancock, that the Mayor, City Engineer and City Attorney constitute a committee to draw up and file applications for advance engineering fees on post-war projects. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancook and Martin Voting Noe: None r-.'....' '......, ,~"..'"., 1 , r ' " r"[ 146 v Motion by Oommissioner Hancock, seconded by Oommissioner Martin, instructing Garrett Engineering Company to prepare plans and speci- fications for the paving of Auden Street from Rice Boulevard to Uni- versity Boulevard. Voting Aye: Mayor Kerbow~ Oommissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None The Oity Engineer advised the City Oommission that the Shell Oil Company had been supplying the Oit y with gasoline for ,the past twelve months and that in line with previous practice, the supply- ing of gasoline should be awarded to another Company for the ensuing period. :Motion by Commissioner DunningtQn, seconded by Oommissioner u' Martin, that the purchase Of gasoline be awarded to The Texas . Company and in the event the Texas Company could not Slpp1y gasoline that the contract be awarded to Magnolia Oil Company, and in the event thai; Magnolia Oil Company could not supply gasoline to award the con- tract to the Gulf Refining Company. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None -~/ The City En,gineer reported to the Commission that the City of Houston throu@1 its Director of ]?ublic Works, John Turney, was seek- ing to. enter into a contract with this Oi ty for the disposal by this City of sewage originating in territories lying within the limits of the City of Houston adjacent to West University Place. The matter was discussed and a motion was made by Conmissioner Ogg, seconded by Commissioner Martin, that the City Engineer and City Attorney confer with the Houston otficialsand formulate a contract covering the arrange.rnents,which contract is to be presented to the Commission for its approval. ; { Vati ng Aye: Voting Nae: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin None Motion by Commissioner Hancock, seconded by Commissioner Martin, adopting resolution providing for the sale of $141,000 of u. s. Government Bonds and the repurchase of $126,000 in 7/8 of One Per- oent U. S. Certificate of Indebtedness. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting Nae: None J r---". ,.' " c, "-'~1 ~r- ':" "''f --~-l '1 , , 1,4.( I !he resolution is as follow.: ttWHEREAS, heretofore, the Oi ty Commission of the City of West University Place, Texas, empowered and authorized the City !reas- urer of said City to acquire and purchase United States Government bonds wi t11 funds of the Sanitary Sewer Improvement Furo., Disposal Plant Reserve Fund, Sewer Sinking Fund and !ax Revenue Sinking Fund of said City; and WHEREAS, one United States Treasury Certificate of Indebted- ness, Series H, 1945, bearing Serial Number 363 in the sum of One Hundred Thousand Dollars ($100,000.00) was purchased from said Sani- tary Sewer Improvement FuDi; three United States' !reasuryCertificates of Indebtedness, Series H, 194,5, bearing Serial Numbe:fs 464, 46,5 and 607 iu the amounts of Ten Thousand Dollars .,($10,000.00), Ten Thousand Dollars ($10,000.00) and One !11ousand Dollars tt-l,OOO.OO), respective- ly were purchased from said Disposal Plant Reserve Fund; one United states Treasury Certificate of Iniebtedness, SeriesH, 19.'.4.5, bearing Serial Number 193 in the amount of Five Thousand Dollars (*.5,000.00) were purchased from said Sewer Sinking Fund; and one United States Treasury Certificate of Indebtedness Series H, bearing Serial Number 194 in the amount of Five Thaasand Dollars ($5,000.00) and one United States Treasury Tax Nate~ Series C, bearing Serial Number C-885'11" in the amount of Ten Thoo sand Dollars ( $10,000.(0) were pur cha seafront' ,. the said Tax Revenue Sinking Fund; and all of said securitie s a~mow owned by the said City of West University Place, Texas; and WHEREAS it is the will and desire of the City to sell said securities for not less than par and accrued interest, and, if possi- ble, at aepremium; NOW, THEREFORE, BE It.{' RESOLVED BY TEE CITY'"CONlMISSION OF THE CITY OF WEST UNIVERSITY PlACE, TEXAS; That the Oity Treasurer of the said Oity be, and he is hereby fully empowered and authorized for the City of West University Place to immediately sell and deliver said six (6) United States Treasury Certificates of Indebtedness, Series H-1945 bearing Serial Numbers 193, 194, 363, 464, 46.5 and 607 of the total prinCipal value of One Hundred Thirty One Thousand Dollars <1131,(1)00.00) and one. (1) United States Treasury Tax Note, Series 0, beariJ:lg Serial No. C-88.571 of the principal vamue of Ten Thousand Dollars ($10,000.00), at not less than par and acerued interest and full premium payable on the market and deliver said bonds tO~J!Y national bank in contemplation of said sale and delivery to the ultimate purchaser upon ,receiVing full consider- ation therefor, as herein prOVided, or for the purpose of such bank: delivering said bonds to the ultimate purchaser and collecting for the City the full consideration herein authorized to be received for the City; and 1~ --"'-~~~~.____l ,..:..::.:..r ~.._~":_.:l__ _ _f I -ri-'! - .-- 148. i BE IT FURTHER RESOLVED that all interest and premiums received from the sale of said bonds shall be deposited in and made a part of said Sanitary Sewer Improvement F1ll'Jd, Disposal Plant Reserve Fund:, Sewer Sinking Fund and Tax Revenue Sinking Fund of the City in pro- portion to the said original amounts invested. in each of said funds as above stated, after deducting and paying from such interest and premium all costs of transmitting such bonds to their ultimate des;';; tinatian as sold and all postage and insurance premiums paid on such bonds in transit; and payment of all costs of transmission, postage and insurance premiums on the bonds in transit is hereby authorized to be paid out of such interest. and premiums that may be collected. for said bonds; and BE IT FURTHER RESOLVED that One Hundre d Twenty Six Thousand Dollars ($12b,000.OO) in principal received from ~he sale of said Certificates shall be reinvested by the City Treasurer for the City in United States Treasury Certificates at Indebtedness bearing seven-eighths (7/8) of one per cent (l't) interest; .and the City Treasurer is directed, empowered and authorized to do all things necessary to accomplish the reinvestment of the said One Hundred Twenty Six Thousand $126,000.(0) in such Certificates and is di- rected and instructed to deposit such bonds so purchased in said Funds of the City from which they vvereorigmally used as a part of such respecti ve Fu.hds~ BE IT FlJRTHERRESOLVED tha t the Fifteen Thousand Dollars ($15,000.00) in principal received frOm the sale of one United States Treasury Certificate of Indebtejness, Serial No. 194 and One United States Treasury Tax Note Series C, Serial No. 0-88571 be deposited in the Tax Revenue Sinking Fund of which these funds are apart. - PASSED AND APPROVED this 28 day of May, A. D., 1945 by a vete of Five (5) Ayes and No (0) Noes. (Signed) A. L. Kerbow Mayor R. B. Allen (Signed) Secretary Motion by OGmmissianer Martian, seconded by Commissioner" Hancock, authoriting the Mayor to head a committee composed of Mr. C. V. Reynolds, J. A. Metcalf and such other persons as he may appoint to settle the matter of payment of awards to winners in Fire Prevention Poster contest at Pershing School and to pay all such sujJ}.s as may be necessary in connection therewith not to exceed $30.00 in the aggregate. r-".-. .- . . .......1 ['" .. .......~~.1 ,'" ........'n-T'..'I:: ,. .. ", I : 14~ Voting Aye: Mayor Kerbow, Oommissioners Du,nnington, Ogg, H~ncock and Martin Voting Noe: None Motion by Oommissioner Hancock, seconded by Oommissioner V Martin, authorizing the Mayor to fill the vacancy in the chair- manship of the Post-War Committee on I..ibrary and Cultural Activi- ties. VotingAy-e : Mayor Kerbow, Commissi9ners Dunnington, Ogg, Hancock and Martin Voting Noe: None Motion by Com. Ogg that releases be obta ined from Mr. Ira A. Harris and :Mr.. A. P. Robb ,both of whom were recently injured at the Water Plant, waiving all claims against the City by reason of' injuries received by them, and further in the event these men fail or refuse to sign releases, no further monies be paid out on account of these two men tor salaries, hospital, med- ical or nurses expense after May 29, 1945. If Mr. Harris and Mr. Robb sign the release, all expenses caused by their injuries will be paid by the Oity and their salaries paid to them up to January 1, 1946, at which time the continuation of this policy would be ' considered by the City Council if they are still unable to resume work. This motion by Com. Ogg having failed of a second died. The matter was discussed at some length and Commissioner Ogg requested his motion to be entered in the minutes. lC'~'~"C'=~~~""C'~='~1 f' "''''''', r In 150 Motion by Commissioner Ogg that releases be obtained from Mr. Ira A. Harris and Mr. A. P. Robb, both of whom were reoently injured at the Water Plant, waiving all olaims for damages, expenses that either of these men may have against the City by reason of injuries received by them, and further in the event these men fail or refuse to sign releases, no further moniess are to be paid out on account of these two men for salaries, hospi- tal, medioal or nurses expense after May 29, 1945. 'fhi s motion by Com. Ogg having failed of a seoond died. The matter was disoussed, at some length and Commissioner Ogg requested his motion to be entered in the Minutes. '~ There being no further business to oome before the Com- mission, upon motion duly made, seconded and carried, the meeting was declared adjourned. ATTEST: c:://~ MAYOR ~~~: crn SECRETARY ;' \ .,../' -,=-=::---=> ~ 1. ~r". -~~, .~ r~1 151 Minutes of Regular Meeting June 11, 1945 r The City Commission convened in regular seSsion at 8 P. M. at the City Hall, Monday, June 11, 1945. Members p1,'esent were Mayor Kerbow, presiding, Commissioners Dunni~ton, .Ogg, Hancock and Martin. Minutes of the regular meeting ot May 28, 1945, were read, corrected and approved. Motion by Commissioner MElrtin, seconded by Conmissioner Dunn- ~/ ingtan, that the City Engineer and. City Attorney formulate a contract for presentatDlon to the City Commission oovering an agreement by the Houck Realty Company and the City for the purchase of water by Houok Real ty Company and disposal of sewage by the City from the Houok prop- erties which are located south of Bellaire Boulevard. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hanoock and Martin Voting Nae: None Motion by Commissioner Hancock, seconded by Commissioner Martin, v approving action at the Board of Health in employing Paul T. McClain as Sanitarian and authorizing and fixing of salary at $250.00 per month andplyment of travel expense for the month ot June only in the ama~nt of '75.00. Voting Aye: Mayor Kerbow, Commissioners Du~ington, Ogg, Ranoock and Martin Voting Nae: None The City Engineer reported to the Commission on proposed sites for additional street lights to be installed by Houston Lighting and Power Company, pointing out that there were several locations where distances of several blocks were without street lights and recommending that lights be installed at these particular locations. Motion by Commissioner Ogg, seconded by Commissioner Hano'ock, v that the City Engineer be instracted to install streetlights at locations recommended. 1roting Aye: Mayor. Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Vat ing Noe: None The City Engineer reported that app1ioation had been made to the FWA for advanoe engineering fees on paving program, also that pipe railing had been installed around man holes in pump house at sewage disposal plant. Commissioner Ogg re quested the Cit y Engineer to investigate com.- plaint regarding water standing in ditoh on the east side of the Southern Pacific right-ot-way immediately west of Community Drive, wi th the view of providing outlet so that water will not stand in the di t eh areating nuisance. ~--1". ~_"_~"=~;-~':""'''-'''_'=~,,"=T-''=-=~'::OfT...t '-~ r ...-..' - ". ~ :::1 ( I '152 There being no further business to come before the Commission, upon motion duly made, seconded and carried, the meeting was de- clared adjourned. ATTEST: L~ . CITY ECRE~RY }"'"'---""'''.--. -'1 .. r-. 1 ~~ I-'~- ---'~~-- "\ , ~3~ MINtiTES OF REGULAR MEETING lune 25, 1945 The City Commission convened in regular session at '8 P. M. on Monday, June 25, 1945, at the City Hall. Members present were Mayor Pro-Tem Dunnington, presiding, Commissioners Hancock, Martin and the Oity Secretary. Mayor Kerbow and Commissioner Ogg were absent. The minutes of the regular meeting of Jur.e 11, 194,5, were read and approved. Motion by Oommissioner Hancock, seconded by Commissioner Martin, v authorizing Commissioner Martin and City Attorney Troy T. Stokes to prepare an appropriate resolution expressing the 8.1mpathy and re~ grets of the Commission in regard to the death of H. S. Engelbrecht. Voting Aye: Mayor Pro-tem Dunnington, Commissioners Hancock and Martin Voting Noe: None Several citizens appeared before the Commission regarding the opening of Edloe Street on to Richmond Road. Thematte,r was dis- cussed at' some length. Members of the Commission explained to. the citizens the various features, particularly traffic hazards, whicli, in their opinion, made it inadvisable to open this street on to Richmond Road. A recommendation of the Chief of Police relative to increase in salary of Police Officer McElroy was discussed and postponed to the next meeting of the Oommission. The me eting was recessed to reconvene upon call of the Mayor. i I I I I i I I \ ! I j' The City Commission reconvened at 7 :30 P. M. on Friday, luly 6, 1945, at the City Hall, with the following present: Mayor KerbOW, presiding, ComInissioners Dunnington and Hancock. Conmissioners Ogg and Martin and the City Secretary were ab~ent. Motion by Commissioner Dunnington, seconded by Commissioner Hancock, authorizing the Mayor, Oity Secretary, City Attorney and such others as the Mayor may appoint, to constitute a committee to contact Mrs. Lillian Cunningham or her legal representative, for the purpose of securing an option on 12.52 acres of land, more or less, located South of Riley Street and West of Wesleyan Street, provided that the purchase price of the land does not exceed $1,000.00 per acre. [I ;,.,~-"~~"='~O==Ol r"'~ .. , '1 -,-r--'-' 154 **** Voting Aye: Mayor Kerbow, Commissioners Dunnington and Hancock Voting Noe:. None .Motion by Commissioner Hancoek, seconded by Commissioner Dunnington, authorizing the purchase of a piano from Mrs. 'Greeley of 3416 Sunset Boulevard, at price of $1,50.00, said piano to be placed in the Community House if an agreement is reached with the officials of the American Legion who now have a piano in the Malding. Voting Aye: Mayor Kerbow, Commissioners Dunnington and Hanc oe k Voting Nae: None "--' There being no further business to come before the Commission, upon motion duly made, seconded and carried, the meeting was de- clared adjourned. . ATTEST: af~ Mayor ~~ City Secretary -:- **** Motion by Commissioner Dunnington, seconded by Commissioner Hancock, that the City Tre'asurer be instructed and authorized to issue check in the amount not exceeding $1,000.00 as earnest money to be paid to Mrs. Lillian Cunningham or her representative on the purchase of the 12.,52 acre tract. Voting Aye: Voting Nae: Mayor Kerbow, Commissioners Dunnin,gton and Hancock None '\ --/" '" '~'~'-~--'---, 155 MINUTES OF REGULAR l\JlEETING JULY 9, 1945 The Oi ty Commission convened in re gular session on Monday, July 9, 1945, at 8 P. M. at the City Hall. Members present were Mayor Kerbow presiding, Cow~issioners Dunnington, Ogg, Hancock, Mar- tin and the City Secretary. Minutes of the meetings of June 25 and July 6 were read and approved. Several citizens residing on Northwestern Street appeared before the City Commission requesting that the Oommission take some action relative to the opening of Northwestern Street through to Auden. The matter was discussed at some length and it appearing that suffi- cient property not being available for opening of a street, the ac- qy.isition of a five foot strip for construction of sidewalk would serve to alleviate the conditions to some extent, providing for 'access to Auden Street of persons desiring to catch a bus. Motion was made by Oommissioner Hancock, seconded by Commissioner Ogg, that the City pur- chase south five feet of' Lot 7, Block 1, Sunset Terrace Section 3 for the purpose of providing opening for pedestrians from 3800 block of Northwestern Street to Auden Street by the construction of a four foot sidewalk thereon. Voting Aye: lVfayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None .Motion by Oonmissioner Hancock, seconded by Commissioner Ogg, authorizing the increase in salary of Police Officer ]M.cElroy to $200 .00 per month effective July 1, 1945. Voting Aye: Voting Noe: Commissioners Ogg and Hancock Mayor Kerbow, Commissioners Dunnington and Martin Commissioner Dunnington stated for the record that he was in favor of' increasing Police Officer McElroy's salary to$2bO.OO per month effective September 1, 1945. A request from the City Treasurer C. E. Gammill coming before the Commission for action relative to employment of auditor for the auditing of the cities records and preparation of annual report for t.he current fiscal year, amotion was made by OOIr.lmissioner Ogg which was seconded by Commissioner Martin, instructing the Oity Secretary to mail invitations for bids to various 0.P.A.'s for the furnishing of auditing service and annual report for the current fis cal year. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Nartin Voting Noe: None (/.,..'..."./ \:t . ii ,.~- -_."= - .--- ~~-~--. , _::.:-=c___f . H'_." :1 r-'------~-.r'~ " 156c Motion by Corr~issioner Dunnington, seconded byCOlilluissioner Martin, adopting a resolution expressing the regret and sy~pat~y of the Corrill1ission relative to the death of H. S. Engelbrecht. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Ivlarti n Voting Noe: None The resolution is as foll ows: ~' tiWHEREAS, the late Herman S. Englebrecht of 3518:;Corondo Street, on the 24th day of June, A. D., .1945, passed this life and VfHEREAS the late Herman S. Englebrecht ViaS a beloved .and distinguished citizen of this community and Vf.HEREAS the late Herman S. Englebrecht was a veteran of Vlorld War I and a member of' the American Legion and VffiEREAS, his passing will be felt by all of' the citizenry of this neighborhood and Vr-ilEREAS, the City of 'Vlfest Univ.ersity Place, Texas, desires to officially express its regret to his relatives and loved ones; NOW, TI<iEREFORt!:, BE IT RESOLVED by the City Commission of West University Place, Texas, that our heartfelt sympathy is here- with extended to NXS. Hildreth ~nglebrecht, widow of the late Herman S. Englebrecht, Mrs. Dale Vance, daughter of the lat e Herman S. Engle- brecht, and his sons, Spencer and Paul Englebrecht. BE IT FURTHER RESOLVED by the City Commission of West University Place, Texas, that this resoluti on be spread upon the minutes of this city and a copy of said resolution be forwarded to the widow of the deceased. (Signed) R. B. Allen City Secretary PASSED AND APPROVED this 9th day of July, A. D., 1945. (Signed) A. L. Kerbow Mayor "...., Motmon by Commissioner Martin, seconded by Commissioner Dunnington, authorizing the temporary employment of J. W. Clarke as Superinten~ent of Street and Bridge and Garbage Departments at a salary of $250.00 per month. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and. Martin Voting Noe: None 1.5ft Motion by Commissioner Martih, seconded by Corrmissioner Dunnington, authorizing temporary Employment of W. A. Kendrick as Second Shift Plant Operator in the Water Depar tment at a salary of $150.00 per month. Voting Aye: Mayor Kerbow, Commissioners DUlli~ington, Ogg, Hancock and Martin Voting Noe: None Motion by COInmissioner Hancock, seconded by Commissioner Ogg, that the City donate the airplane observation tower to G. E. King provided that Mr. King dismantle the said tower and remove from city's property. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None The meeting was declared recessed to reconvene upon call of the Mayor. c7/~ ~ ~ ~~J Mayor ATTEST: c~~ () . ~~---_.._=:r..::o=-- 15~L MI1-lUTES OF RE GULAR MEETING JULY 23, 1945 ..,. .... The City .Commission convened in regular session on Monday, July 23, 1945, at 8 P. M. at the City Hall. Members present were, Mayor Kerbow presiding, Commissioners Dunnington, Ogg, Hancock, Martin and the City Secretary. Minutes of the regular meeting of July 9 were read and approved. The City Secretary presented a letter from the West Univer- . sity Civic Club reco~~ending that the four-way stop at intersection of Be~mont be eliminated and stop signs maintained on Belmont Street only, providing for through traffic on Sunset. The recommendationf; was referred to the Chief of Police, City Engineer and Commissioner Hancock for study and report to the Commi.ssion. A resolution trom the w~est University (livic Olub 'was read to the Comraission pertaining to Poor Farm Ditch of Drainage District No. 12. The resolution recommended that the City take Steps looking to the covering 'of the ditch and improvement of same .so as to elim- inate unsightly condition and health hazard. This matter was dis- cussed at some length and the Mayor announced that everything possi~ ble would be done to accomplish the ends recommended in the resol- ution. Motion by Oommissioner Ogg, seconded by Coronlissioner Martin moving adoption of a resolution to be sent to the Drainage District urging action for covering of' Poor Farm Ditch through the City of West University Place. Voting Aye.: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None The resolution is as follows: llWHEREAS, at a meeting of the City Commissioners of the City of West University Place, Harris County, Texas, on July 23, 1945, the question of the health situation and the prevalence of polio and ty- phus fever in the City of West University Place and Harris County, Texas, was discussed, and; VffiEREAS, the City Commissioners of the City of West University ''\ Place, Harris County, Texas, are of the opinion that the poor farm ditch in Drainage District No. 12, which traverses the City 01' West University Place, Texas, constitutes a grave hazard to the City and to the County, and; WHEREAS, the City of' West University Place is interested in cooperating with and seeking the cooperation of all parties having control of and interested in said poor farm drainage ditch, and; ," _ '--.---....-- ,.:-:."~'-:___1_~__. ___n____ rOO I-------~---------------- 159 WHEREAS, the said poor farm di tcll drains a large area of the northwest section of Harris County, and consequently creates a problem not only for the City of West University Place, but the en- tire section of Harris County, which it drains: . / -.. l NOW', THEREFORE, BE rp RESOLVED by the City Commission of the City of V{est University Place, 'l'exas, in regular session as- sembled on this 23rd day of July, .A.. D., 1945, that the support, cooperation and investigation is hereby solicited from Drainage Dis- trict No. 12 of Harri s County, Texas, from t he Harris County .lnood Control ,Harris County Commissioners Court, and all Jj'ederal agencies and authorities set up toward the end of remedying this and similar situations. , \ BE IT FURTI~R RESOLVED that a copy of Resolution be forwarded to Harris County Drainage District No. 12, Harris County Flood Con- tral, Harris County Commissioners Court, United States Public Realth Service, Congressman Albert Thomas and Senators Tom Connally and W. Lee O'Daniel. PASSED the 23rd day of July, A. D., 1945. (Sigred) A. L. KERBOW :MAYOR. (Signed) R. B. ALLEN City Secretary Motion by Commissioner Dunnington, seconded by Commissioner Martin, instructing the Mayor and City Engineer to go to ~ort Worth and 'take up with the Federal Works Admihistration the matter of se- curing a grant of $50,000 to be used to supplement Oity funds for the construction of the Disposal Plant. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting noe: None Motion by Commissioner Martin, seconded by Caramissioner Dunnington, instructing the City Engineer and Mayor to apply to the Federal Works Administration for federal aid toward the purchase of / garbage trucks and earth moving equipment for Garbage Department. Voting Aye: h~yor Kerbow, Coranissioner Dunnington, Ogg, Hancock and Martin Voting Noe: None Motion by Commissioner Dunnington, seco.nded by Commissioner Martin, authorizing the Mayor and City Secretary to execute voucher for advance engineering fees granted by the Bureau of Community Facilities on the paving project. . -~~'''l r I loU. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and lli~rtin Voting Noe: None Motion by Commissioner Hancock seconded by Commissioner Oggi, that the City Attorney investigate Houston's ordinance regulating and fixing rates charged by taxicabS operating within the City of' , Houston and prepare similar ordinance for the City of' West University Place and present same to the City Cow~ission. Voting Aye: Mayor Kerbow, COlIL.'TIissioners Dup.....'1ington, Ogg, Hancock and Martin Voting Noe: None ( '\ The report of the Police Department for the month of June was read and approved. The report ot' the ii'ire Marshall lor t.l..le monCH of June was read and approved. Motion by Conwissioner Hancock, seconded by Commissioner Martin, '1uthorizing application to the Bureau of Community Facilities for funds to pay advance engineering fees on the preparation of plans and speci- fications for a swirr.l.ming pool. Voting Aye: Mayor Kerbow, Co~~ssioners Dunnington, Ogg, Hancock and Martin Voting Noe: None Motion by Commissioner Ogg authorizing the City Attorney Troy. T. Stokes to defend Chief of Police Shipp and Assistant Chief Ashcraft in suit brought agai'nst these men in the District Court at a fee of $200.00. This motion died for lack of a second, the City Attorney stating that his fee for his services would be $300.00. Motion by Commissioner Martin, seconded by Commissioner Dunn- ington, authorizing the City Attorney, Troy T. Stokes, to act as coun- sel for Chief of Police Shipp and Assistant Chief of Police Ashcraft in the defense of a suit filed against these men in the District Court at a fee of $300.00. Voting Aye: :Mayor Kerbow, Commissioners Dunnington, Hancock and Martin Voting Noe: Commissioner Ogg (Note) Commissioner Ogg stated that it was his understanding and that the Minutes would reflect that the City Attorney agreed to handle cases for the same fee as charged by the previous City Attorney. r~='_"_~OC'~="~~OO'l r ~ ~ "1 --------rT' , -..~ - The City Secretary reported that invitations had been mailed to the following concerns requesting bids on the furnishing of audit service for the City for the current fiscal year: J. L. Block & Company Harris H. Johnston Glenn Y.Davidson& Company F. G. Masquelette & Company J. A. Phillips Company l'b~J. Only one bid was received which was from F. G.Masquelette & Company who agreed to perform. the services according to the speci- fications at a price of $35.00 per day for each Certified Public Account- ant and $25.00 per day f'or each Senior Accountant employed provided that the maximum fee would not exceed $850.00. After some discussion the motion was made by Commissioner Dunnington, seconded by Co~~~ssioner Martin, accepting the proposal of F. G. Masquelette & Company. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hancock and Martin Voting Noe: Commissioner Ogg At this time the Commission recessed to reconvene upon call of the Mayor. Attest: a/~~.~ Mayor . C't~St~ ~ y ecre ary 1" ---rT' "\ "[' '=~~I I[l --,-- - ---- 162 MINUTES OF REGULAR MEETING August 13, 1?4.5 I II I I The City Commission convened in regular session at 8 P. M., August 13, 194.5, at the City Hall. Members present were Mayor Pro-Tem Dunnington, presiding, Commissioners Ogg, Hancock, Martin and the City Secretary. Mayor Kerbow was absent on vacation. Minutes of regular meeting of July 23 were read and approved. The City Secretary presented recommendations from the City Planning Commission on amending the Zoning Ordinance to permit con- struction of churches on Lot 2, block ~9, West University Place Second Addition, on Lots 8 and 9, Block 19, Col~egeview First Addition and south 1/2 Lot 8 and Lot 9, Block 18, Collegeview Third Addition. Motion by Commissioner Hancock, seconded by Commissioner Martin, authori zing the holding of pu blio hearing in accorda'nce with the provisions of Ordinance No. 111 and amendments thereto, and the pu.b- lication of required notice in the officia~ newspaper. Voting Aye: Mayor Pro-Tem Dunnington, Commissioners Ogg, Hancock and Martin Voting Noe: None Motion by Commissioner Martin seconded by Commissioner Hancock, authorizing the City Engineer to investigate installation of ven- tilation and acoustical treatment of City Hall building and report to the City Commission. Voting Aye: Mayor Pro-Tem Dunnington, Commissioners Ogg, Hancock and Martin Voting Noe: None Commissioner Hancock and the City Engineer R. B. Allen, reported on their trip to Fort ifforthto cO,nfer with the Federal Works Agency on proposal to file application for federal aid on sewage disposal plant and garbage equipment ,stating in brief that the Federal Works Agency advised that no aid could be granted to West University Place since the conditions did not come within the requirements and quali- fications set up in the Lanham Act. The City Engineer recommended that the Garrett Engineering Comr:any be instructed to proceed with plans and specifications on the balance of the street paving program. ' Motion by Commissioner Martin, seconded by Cammissio~er Hancock, instructing Garrett Engineering Company to proceed with preparations of pJh~U and specifications covering paving of Wesleyan Street and drainage of Wesleyan and adjacent streets. Voting Aye: Mayor Pro-Tem Dunnington, Commissioners Hancock and Martin Voting Noe: Commissioner Ogg -~, 'M'~g -aJ.JJ-O Motion by Commissioner Nlartin, seconded by Commissioner Ogg, instructing Garrett Engineering Company to proceed with plans and specifications for the construction of new bridge over Poor Farm Ditch at University Boulevard. Voting Aye: Mayor Pro-Tem Dunnington, Commissioners Ogg, Hancock and Martin Voting Noe: None . The ~tterof acquisition of the Cunningham tract for site of proposed swimming pool and park was discussed. The City Secretary vms instructed to contact professional appraisers and determine fees charged by them with the view of having the tract appraised and which appraisal was to form a basis for either purchase negotiations or condem- nation proceedings. The City Secretary was instructed to investigate the condition of Mr. Harris and Mr. Robb and make a report to the Commission. The meeting was recessed subject to call of the Mayor. - - - - - - - - - - - - - - - - - - - - - - - - - - - --- The City Commission reconvened in regular session on Wednesday, August 22, 194.5, at 8 P. M. at the City Hall. Members present were Mayor Kerbow presiding, Commissioners Dunnington, Ogg, Hancock, Martin and the City Secretary. The Mayor read a letter from Grady Smith stating that he was being discharged from service with the U. S. Navy and desired to re- turn to his position which he left when he entered the service. Motion by Commissioner Ogg, seconded by Commissioner Hancock, appointing Grady Smith Chief of Police effective September 1, 194.5, at a salary of $234. 00 per month. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Vot ing Noe: None Motion by Commissioner Ogg, seconded by Commissioner Hancock, appointing H. E. Shipp Assistant Chief of Police, effective September 1, 194.5, in keeping with the provisions of Article 15, Section 1, Page 22 of the Home Rule Charter. Voting Aye: Voting Nae: Commissioners Ogg and Hancock Mayor KerbOW, Commissioners Dunnington and Martin Commissioner Hancock called attention to the fact "\that the letter signed by Grady Smith which was read by the Mayor was dated July 6, 1945, and that this was the first official notice he had had of said letter; that he vigaurously protested the fact that the letter wqs not read at a previous meeting of the Commission, and further, that he pro- tested in general the way this particular matter had been handled in the last three weeks. Commissioner Ogg concurred in the above statement. 164 Commissioner Hancock also stated that he voted for the appointment of Chief Smith because he considered him to be a high class officer and a good Chief of Police and not because of any legal obligation to re- appoint him. The City Attorney and City Secretary reported to the Commission on the matter of appraisers to appraise the Cunningham tract as men- tioned in minutes of previous meeting. The City Attorney, Troy T. Stokes, stated that he had discussed the matter with Dave Hudson and other gentlemen who are reputable appraisers and that their fees were' $25.00 per day for ea chof three appraisers necessary and that it would take three or four days to render a report. Motion by Commis- sioner Martin, seconded by Commissioner Ogg, authorizing the City Attorney and City Secretary to take the necessary steps to employ appraisers to appraise the Cunningham tract. \ I Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None There being no further business to come before the Commission, upon motion duly made, seconded and carried, the meeting was declared adjourned. (ir~ MA'Yi R. ATTEST: c~ The regular meeting scheduled for Monday, August 27, 1945, was not held due to Hurricane. ~ff~ C~.y Secretary ,"~ .::;oli;"" . . :')2~--..~~(:~ " '., '?~)' , \ ,,t. , , \;' , ~ :-.th: i " Q,~QQ'~ G '0' .~ Ir ~~~.~ -. ''1Il' . -il\\l' ~~~~. ~"', ..:ll> ~. '. ~~wf_ _= i' :1"'.. j','" .~J'~,II rfi' , , ~ .<. 'f-.. ,'. -~ iil'i;l ',~ :,~~~ ',)) '. 00'\ , ." ~\.;- '. " I '-' I ~:; , (:', ~ .' :~..~ (o.}(f;~":'4 ., v, 'lI f.Ji> .~ ~ o ~ ~,~ ~~ 4'1- -, I. ,'" fit ~4 ~J . = ~ I '~' A r 0: po t:' . ~ - ! .J >"v " l,'lt ~':f r., ' ,',.. 11 .'..,' , ,~ .~ , ,I. ~',It _. . J."'~ .' ~,. ~,,=:l f 41' ,. ,J:;: .1:" !,it:,:}' i !!., I, f \;"~'.! ' ,"10 .. ;r',~. ,"" dO ~O I ;~ !fi\~ i ~, 'i'~' ,- ~* 'iii" '", ,~. gy. .: "",. . ~ ,~. ... f;4 $1"'. ~ .~I il,l\j rt; 1"."& ~ g.,1 . II 1'._, .. . '. . I Iii Ii ,"'1.11 .' t: ' ~ w ~ ...'~. lei '"J4 16ti. MINUTES OF CALLED J.illETING Aup:ust31, 194,_ . Pursuant to a call of the Mayor, the City Commission convened in special session on Friday, August 31, 1945, at 8 P. M. Members present were Mayor Kerbow presiding, Commissioners Dunnington, Ogg, Hancock, Martin and the City Secretary. ~ 1. Adoption of ordinance levying tax rate for the calendar year 1945. , t~l."..'." j '...'...'f, \ ;,----<..-,:' ~; . '~., The meeting was called for the following purposes: 2. Adoption of budget for the fiscal year begi~~ing September 1, 1945, and ending August 31, 194b. iNith respect to the matter of adoption of budget f:ar the fiscal year beginning September 1, 194.5, a motion was made by Commissioner Ogg, seconded by Commissioner Dunningto~, adopting an ordir~nce providing for a budget fo~ the ensuing fiscaill;zyear. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting Noe: None The caption of this ordinance is as follows: "AN ORDINANCE APPROVING, A BUDGET FOR THE CITY OF ,mST UNIVERSITY' PLACE, TEXAS, FOR TrlE FISCAL YEAR BEGINNING SEPTEIYffiJJ::R 1, 1945; PROVIDING FOR THE APPROPRIATION OF PUBLIC FUNDS OF THE CITY FOR USE AND EXPEJ\1DITURES; AND PHOVIDING FOR THE REPEAL OF ALL ORDIr-TANCES OR PARTS OF ORDINANCES IN C 011FLI CTHEREWITH. tf The matter of adoption of ordinance levying taxes and fixing the rate for the calendar year 1945 was discussed at some length, however no action was taken. A.motion was made by Commissioner Dunnington, seconded by Commissioner Martin, that the Commission recess. ATTEST: ~ Voting Aye: Mayor Kerbow, Commissioners Dunnington and Martin Voting Noe: Commissioners Ogg and Hancock. The Mayor deciliared the meeting recessed. aa!;o<~ MAYOR '-~).' .' l~ . U..~'l - ,., r'""~~"~~~~i~='i . r '~'~~~C"'~'O='"""'l -.......".TI'M--- - . ~~~t IllIBLiO HEARING SEPTEMBER 10,1945 i 'j . Pursuant to an order issued by the City Commission on August 13, 1945, which was duly published in the off'icial newspaper of the City, a public hearing was held at the City Hall at 8 P. M. on Monday; September 10, 1945, upon certain recommendations of the City Plan Com- mission to amend Ordinanc e No. 111, conunonly known as "'Zoning Ordinance". ,These recommendations are as follows: 1. To permit the construction of a church or church buildings and appurtenances on lots 8 and 9 in block 19, College View. First Addition, the south one-half (1/2) of lot 8 and lot 9, block 18, College View Third Addition. 2. To permit the construction of a church building, or build- ings, and appurtenances on 16t 2 in block 89 of West Univer- sity Place Second Addition. MeJilbers present were Mayor Kerbow, presiding, Com. Dunnington, Ogg, Hancock and Martin and the City Secretary. The Mayor announced that the recorrmendation re lative to lifting restrictions on lOt 2, block 89, West University Place Second Addition would be taken up first and asked for proponents and opponents to this recommendation'to state their cases. , Rev. Malcolm. Purcell of 3122 Georgetown Street, pastor of the proposed Presbyterian Church to be built upon the site, made a state- ment recommending to the City Commission that the restrictions be lift- ed to permit construction of the church. There were no objections voiced with reference to this recommendation. Motion was made by Commissioner Martin, seconded by Commissioner Hancock, that the Zoning Ordinance No. 111 be amended to per-nut" the construction of a church on lot 2, block 89, West University Place Second' Addition. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin Voting Nae: None The next recommendation taken up was that of proposed lifting of restrictions on lots 8 and 9, block 19, Collegeview First Addition and south one -half (1/ 2) lot 8, and all of lot 9, block 18, Collegeview Third Addition, in order to perm.it the West University Baptist Church to expand its facilities. Rev. Ray Mayfield, pastor of the church, introduced W. C. William.- son as the church's representative. Mr. Williamson spoke to the City Commission urging them to take action relative to lifting restrictions and cited various reasons why this should be done. (J ".. ..., '..'1 , r' '1 r I ---T'r---- 166 Mrs Juanita C. Lynch of 381.5 Amherst, representing several residents living on property adjoining the church and across the street, 'made a talk to the Commission presenting the side of the property owners and urged that the restrictions not be lifted. W-Lr. G. W. Lynch also spoke in 0 pppsi tion to the proposed change in zoning. At the conclusion of the, presentation of both sides, 'bhemo- tion was made by Com. Ogg, seconded by Com. Martin, that Ordinance No. 111 be amended to permit constructioh of church buildings on . the lots listed in the recommendation. ) Voting Aye: Mayor Kerbow, Com. Dunnington, Ogg, Hancock and Martin Voting Noe: None The business for which the public hear was called having been concluded, it was declared adjourne4. (j/~ Mayor ' . ATTEST: ~ _./ ,; r "'='~-"""-'--'''- '" \ r" 1 r r..'-"-..,....,~'~._.._......,,_...,;'" 1t)~ MINUTES OF REGULAR MEETING September 10, 1945 The City Commission convened in regular session at 9 P. M., Monday, September 10, 1945, at the City Hall. Members present were :rvrayor Kerbow presiding, Commissioners Dunnington, Ogg, :fi[ancack and :rvrartin and the City Secretary. The resignation of Chief of Police H. E. Shipp was read to the Commission. Motion by Commissioner Ogg, seconded by Commissioner Mar- tin, accepting resignation of H. E. Shipp from the Police Department and expressing the regret of the Commission that it was necessary for Chief Shipp to leave the service of the city. Voting Aye: Mayor Kerbow, Comm.issioners Dunnington, Ogg, Hancock and Martin Voting Noe: None Resignation of Police Officer Billy McElroy was read to the Commission. Motion by Commissioner Martin, seconded by Commissioner Dunnington that the resignation be accepted as submitted. , Voting Aye: Mayor Kerbow, Commissioners Dunnington, Ogg, Hancock and Martin , ~- Voting Noe: None Commissioner Jack M. Ogg read a letter to the Commission in which he stated that it was necessary for business reasons to move to Dallas and submitted his resignation as a member of the City Commission. Motion by Commissioner Martin, seconded by Commissioner Dunnington, that the resignation of Commissioner Jack M. Ogg be accepted as sub- mitted and that the Commission express its regrets upon his leaving and extend to Commissioner Ogg the wishes of success for him in his new business venture. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hancook and Martin Voting Noe: None Motion by Commissioner Martin, seconded by Commissioner Hancook, employing E. H. 'liVinter as Patrolman in the Police Department at a salary of $150.00 per month plus and minus gradations of the escalator plan and provided that his employment be subject to usual probationary term of six months. Voting Aye: Mayor Kerbow, Commissioners Durmington, Ogg, Hancock and IYIartin Voting Noe: None ( rc-;:;r,,-~.::,~,"'" ,.--_,~c=.~~~~,~ ----------y ----,------ 170 Motion by Commissioner Martin, seconded by Commis$ioner Dunnington, employihg T. E. Swigart as Patrolman in the Police.De- partment at a salary of $150.00 per month subject to increases and decreases of the escalator plan and probationary rules and terms. Voting Aye: Mayor Kerbow, Commissieners Dunnington, Ogg, Hancock and Martin Voting Noe: None ~he meeting was recessed to be reconvened upon call of the 'Mayor. ATTEST: <<L~ Mayor ~ ~ ... '\ i - --r- "'"=''''-"'''''''==""'''''~'-'~::''''. -::1 ..._ l--r- -- 171 Minutes of Regular Meeting September 24, 1945 ~e City Commission convened in regular session on Monday, September 24, 1945, at 8 P. M. at.the City Hall. Members present were Mayor Kerbow pre siding, Comm.iss-ioners Dunnington, Martin and the City f Secretary.. Commissioner Hanoock was absent on vacation. Minutes of the meetings of August 13, 22,31, September 10 and the Public Hearing of September 10 were read and approved. Motion by Com. Martin, seconded by Com. Dunnington, adopting an ordinance fixing tax rate for the calendar year 1945 and levying taxes for all purposes. Voting Aye: Voting Noe: Mayor Kerbow, Commissioners Dunnington and Martin None The caption of this ordinance is as follows: ttAN ORDINANCE LEVYING A11D ASSESSING AD VALOREM TAX ON .ALL TAXABLE PROPERTY WITHIN' mE CITY OF WEST UNDJERSITY PL,'\ CE , TEXAS, FOR THE YEAR 1945, AND PROVIDING' FOR THE COIJ..ECTION THEREOF. If Motion by Com. Dunnington, seconded by Com. Martin, authorizing the City Attorney to prepare an ordinance calling a special election for the purpose of electing a Commissioner to fill the position vacated by Com. Jack M. Ogg and present the same to the Commission at its next regular meeting. Voting Aye: Voting Noe: v Mayor KerbOW, Commissioners Dunnington and Martin None Motion by Com. Dunnington, seconded by Com. Martin, that the City Engineer be instructed to go to Dallas to expedite delivery of garbage truck on order with the Graoe Manufacturing Company, and to Denison to inspect surplus government equipment on sale at that place. Voting Aye: Voting Noe: Mayor Kerbow, Commissioners Dunnington and Martin None Motion by Com. Dunnington, seconded by Com. Martin, instructing' the Garrett Engineering Company and the City Engineer to check the plans for the sewage treatment works and make such revisions as may be necess- ary, including cheoking With the State Health Department with a view of having plans and specifications ready for cQ.mmen~ing constructien of the plant. . Voting Aye: Veting Nae: Mayor Kerbow, Commissioners Dunn~ngton and Martin None (J r'~~~c~o~o~'~~O"'O'O"'"O'Oi r O~~"'l --------, T l.'l~ Motion by Com. Martin, seconded by Com. Dunnington, instruct- ing the Garrett Engineering Company and the City Engineer to. com- plete the plans and specifications for extensions to water distri- bution system and the installation of fire plugs on Westpoint Street, \ Bellaire Boulevard and in Sunset Terraee. ! Voting Aye: Voting Noe: Mayor Kerbow, Commissioners Dunnington and Martin None Motion by Com. Martin, seconded by Com. Dunnington, authorizing the Mayor and the City Secretary to execute agreement with the.Houston Lighting & Power Company providing for the payment of 2~ grassre- ceipts to the City, for additional street lights,'and reduced rates to consumers throughout the City. ' . Voting Aye: Voting Noe: Mayor Kerbow, Commissioners Dunnington and Martin None The agreement is as follows: "Effective at the close of the calendar year 1944 the Profit Sharing Agreement, as amended, between the City ,of Houst on and the Company was terminated and cancelled. The City of Houston am the Company negotiated and entered into an operating agreement whereby the 0i ty of Houston wi 11 continue to receive during the term of such agreement many of the benefits it had theretofore received under the Profi t Sharing Agreement. T111s operating agreement is for a primary term of three years beginning.January 1, 1945, and ending December 31, 1947, :;Uniliessl:'eithezl'PaDt;ircwitliin not less than 90 days prior to December 31, 1947, gives the other notice of its intention not to renew, the agreement will continue in effect for an additional three, years. The , Company, pursuant to its uniform policy ,desires te. extend to the other incorporated cities and towns which it serves benefits which are proportionate to the benefits the City of Houston will re- ceive under the above mentioned operating agreement. To. that end the Company proposes that effective as of January 1, 1945, the City of West University Place will receive the following: 1. The Company will pay your City within forty-five (45) days after the close of each year two peroent (2~) of its annual gross receipts from the sale of electrical energy to customers within your \ City for all ola sses of use except governmental and municipal sale s, sales to other public utilities and sales involVing the interohange of electrio energy. This gross reoeipts paY$ent will not affect the special contract rates your City now pays us for munioipal servioes. 2. During the time the above mentioned ope rat ing agreement between the City of Houston and the Company remains in effect with- out substantial amendment or revision, the Company (a) will operate without eost to the Cit~ of West University Place the 19 overhead 1 "1 "'0' r~'~".'~"~~'~"~'~'.' 1 IT 173 street lights.of 250 candle power, which pursuant to our letter agree- ment with you dated May 15, 1941, were inStalled and have since been operated without cost to your City, and (b) will install and operate without cost to your City an additional 85 overhead street lights of 250 candle power upon instructions from the City Council as to the street intersections where each new light is to be located; or should the City prefer, the Company will credit 66 of the additional lights against the number of like units now being paid for by the City and install the remaining 19 units upon your instructions. 3. The agreement herein with respect to the gross receip~s payment specified in 1 above, and the street lights provided for in 2 above, will be effective so long as the above mentioned operating agr~ement between the City of Houston and the Company is not can- celled or amended, in any material respect. As we cannot maintain our"present low rates, pay 210 of our gross receipts and pay.other charges sometimes imposed, you will please understand this gross receipts payment will not be made or the street lighting'oredit furnished for any period during which your City may see fit to levy on the Company a street rental charge, a gross receipts tax or a property tax on our street franchise or easements ih your City, other than ad valorem taxes now being paid by Company. 4. This proposal, when ,accepted by you, will, effective as of January 1, 1945, ~per se,de the agreement between the City of West University Place and the Company evidenced by letter dated.May 15, 1941, and accepted by the City of West University. Place May 29, 1941. If the foregoing proposal is acceptable to you, please note your acceptance in the space provided below and thereby constitute this letter an agreement between us. With delivery of this letter N~. Austin will also furnish you the new rate schedules which have been placed in effect in the City of West University PIa ce. Respectfully yours, HOUSTON LIGHTING & POWER COMPANY (Signed) 'Ry R. R. 'RA1"'t:,..nn , .. President The above is accepted this 24 day of September, 1945, by resolution duly adopted and recorded on P.____, Vol. 7, Minutes, ATTEST: (Signed) R. B. Allen City Secretary CITY OF WEST UNIVE:RSITY PLACE (Signed) By A. L. Kerbow Mayor \' I'""CO'C-'--_";:;'=;-~'.._- =--'-....~_=_.,,-;=-_"'=_."'.~ -_~__~r__C=-'.7...~_':=="-''''.,~~,,.~- 17~ I i I I I ! i I I \ I I I I I I I I I I I i I I I ! I i i I I \ \ I I j I I I I I I I , i l Motion by Com. Martin, seGonded by Com. Dunnington, adopting an ordinance providing for an amendment to the Zoning Ordinance No. 111 to permit construction of the church on Lot 2, Block 89, West Univer- sity Place Second Addition. Voting Aye: Vot ing Noe: Mayor KerbOW, Com. Dunnington and Martin None i\ The captioh of this ordinance is as ,follows: "AN ORDI-NANCE AMENDING ORDINANCE NO. 111 OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS COMMONLY KNOWN AND DESIGNI\TED AS THE ftZONING ORDINANCE", BY AMENDING SEOTION 4 THEREOF BY ADDING A NEW SUB-PARAGRAPH, TO BE KNmVN AS No.8, PERMITTING-THE ERECTION AI\TD CONSTRUCTION OF A CHURCH IN A SPECIFIED PART IN THE FIRST SINGLE-FAMILY DWELLING DISTRICT AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT AND BE IN FORCE Th1MEDIA'rELY FROM AND AFTER ITS PASSAGE AND APPROVAL. It . , , Motion by Com. Dunnington, seconded by Com. Martin, adopting an ordinance amending Zoning Ordinance No. III permitting erection of a church on Lots 8 and 9 in Block 19, Oollegeview First Addition, and the south one-half of Lot 8 and all of Lot 9 in Block 18, Oollegeview Third Addition. Voting Aye: Mayor Kerbow, Commissioners Dunnington and Martin Voting Nae~ None The caption of this ordinance is as follows: "AN ORDINANCE AMENDING ORDINANCE NO. III OF 'I'HE CITY OF W1EST UNIVERSITY PLACE, TEXAS, C01\~O:NLY KNO'N.N AND DESIGNATED AS THE nZONING ORDINANCE", BY AMENDING SECTION 4 THEREOF BY ADDING A NEW SUB-PARAGRAPH, TO BE KNOWN AS NO.7, PERMITTIID THE EREC'fiON AND CONSTRUCTION OF A OHURCH IN A SPECIFIED PART IN THE EIGHTH SINGLE FAMILY DWELLING DISTRICT AND PROVIDING THAT THIS ORDINANOE SHALL TAKE EFFECT AND BE IN FORCE IMMEDIATELY FROM AND AFTER ITS PASSAGE AND APPROVAL. U Motion by Com. Dunnington, seconded by Com.. Martin, authorizing and instructing the City Treasurer to deposit the proceeds of a Certi- ficate of Deposit maturing on September 13, 1945, to the Tax Revenue Sinking Fund and the cashing in of Certificate of Deposit which ma- tures on March 15, 1946, and depositing of the proceeds to the Tax Revenue Siru{ing Fund, in order to provi~e sufficient funds in the Tax Revenue Sinking Fund to meet requirements due October 10, 1945. Voting Aye: Mayor Kerbow, Commissioners Dunnington and Martin .J Voting Noe: None 175 Motion by Com. Martin, seconded by Com. Dunnington, authorizing ,adjustments to the tax roll in the amount of $107;.;0 consisting of duplicate entries, taxes on city owned property and reductions of excess values to be written off, the said adjustment being recommended by the City Treasurer and approved by the Auditors. Voting Aye: Voting Noe: Mayor Kerbow, Commdssioners Dunnington and Martin Nohe The City Secretary read reports to the Commission covering ac- tivities of the Police Department for the period beginning January 1 and ending August 31, and for the month of August, Sanitarian's reports for the months of June and July, and the Fire Marshall's report for the month of August. The Commission recessed to reconvene upon call of the Mayor. - - - - - - - - - - - - - - - - - - - The Commission reconvened on Monday ,October 1, 194;, at 8 P. M. at the City Hall with Mayor Kerbow presiding, Commissioners Dunnington, Hancock, Martin and the City Secretary in attendance. Motion by Com. Hancock, seconded by Com. Dunnington, authorizing the Mayor and the ,City Secretary to execute an agreement accepting ad- vance of $261;.00 by the Federal Bureau of Community Facilities for the purpose of paying expenses of' engineers in drawing plans and specifi- cations for a SWimming pool. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hancock and Martin Voting Noe: None Motion by Com~ Martin, seconded by Com. Dunnington, authorizing the Mayor and the City Secretary to execute a contract with the Garrett. Engineering Company covering the furnishing of engineering services and drawing of plans and specifications for the construction of a swimming pool. Vot ing Aye: Mayor Kerbow, Commissioners Dunnington, Hancock and Martin Voting Noe: None This contract is as follows: FEDERAL WORKS AGENCY Region No. ; Fort Worth 2, Texas Project No. 41-P-8; Type: Swimming Poc 1 Location: West University Place, Texas CONTRACT BETWEEN THE mVNER AND THE ENGINEER ,. "~c. ~~~ , ~r '~'~h~ ~,,~ ~1 r I 1'10 TrlIS COh~RACT, entered into this, First 'day of October, 1945, by the City of Yvest University Place, Texas. (herein called the "Owner") . acting by and through its Mayor and Garrett Engineering Company of the City of Houston, State of Texas, (herein called the "Engineer r:' vVREREAS, the Owner has entered into a contract with the Federal Works Agency Bureau of Community Facilities, whereby the Government agrees to aid in financing the preparation of plans for Postwar Public Works, and \. , \. WHEREAS, the City lias heretofore selected the Garrett Engineering Company Consulting and Supervising Engineers to prepare said plans, NOW THEREFORE in consideration of the mutual covenants and agreements herein contained, the parties hereto do mutually agree as follows: 1. EMPLOn1ENT OF ENGINEER. The Owner hereby employs the Engineer and the Engineer agrees to perform professional services in connection with the Bureau of Community Facilities project, located at West University Place, Texas and described as follows: Construction of Municipal Natatorium complete with bath house, parking area, picnic area, playground area and other desirable appurtenanc es. (hereinafter called the "Pro ject" O. 2. CHARACTER AND EXTENT OF SERVICES. The Engineer shall perform all of the professional services necessary including field surveys, making topographical utility and property line surveys, prepare full and com- plete detailed plans and specifications, and prepare and fUrnish the cost estimates together with approximate estimates of material require- ments, all in detail sufficient to permit the Owner to advertise for bids f'or the construction of the project. After the said plans and specifications have been completed, re- viewed and approved by the Owner, the Engineer agrees to deliver to the Owner 24 sets of detailed spe cifications covering the work, pro- posal form and. special instructions to bidders satisfaQtory to the Owner, together with the original tracings and three blueprinted sets of the complete working drawings and plans. 3. FIXED FEE. The Owner will pay the Engineer a fixed fee of $2,615.00 (being the fee set forth in the approved BCF application No. 4l-P-85) w~ch shall constitute complete compensation for the engineering ser- vices. The fee shall be deemed to have been earned and shall be due and payable upon the satisfactory performance of the items of service as follows: (I) 50~ of the fixed fee at the time the field surveys are started. (2) 50~ of the fixed fee upon approval of the detailed plans. and specifications by the Owner and the delivery of the plans and specifications set forth in Section 3 hereof. ! ' ~ - T- . '1 --~- -1 I 7ftl ( I 4. TECHNICAL ASSISTANTS A1\1D CONSULTATIONS. The Owner shall not pay the fees of expert teohnical assistantsard consultants, except in those cases where the employment and rate of compensation of said expert t.eoh- nioal assistants and consultants have been specifically approved in writing by the Owner. .5. RELEASE ON FINAL PAYMENT OF COMPENSATION. Prior to final payment under the Contract, OT prior to settlement upon terminat ion of the Con- tract, and as a condition precedent thereto, the Engineer shall execute and deliver to the Owner in such form and containing such provisions, as shall be approved by the Owner, a release of all claims or demands of any nature whatsoever against the Ovmer arising under or by virtue of this contract. 6. . FACILITIES TO BE FUR1TJ:SHED BY ENGINEER. The Engineer shall furnish and maintain office and drafting space and equipment suitable and ade- quate for the prosecution of the work, and telephone, stenographic, clerical, auditing and similar services normal to the functioning of an established operating engineering practice. 7. TIME Am ORDER OF ENGINEER'S SERVICES. The Engineer shall furnish the documents and render or provi~ethe servicesre quired :bY. this Con- tract in such seque~ce and at such times as may be necessary to insure. the prompt and continuous prosecution of the work of designing and con- structing the project. 8. ASSIGNABILITY. The Engineer shall not assign or transfer any inter- est in this Contract without the prior written consent of the Ow,Ji.er. If' the Engineer is a partnership, this Contract, upon termination of such partnership, shall insure to the benefit of the surviving or remaining members of such partnership approved by the Owner. 9. OWNERSHIP OF PLANS. All designs, drawings and specifications pre- pared by the Engineer pursuant to this Contract shall be and become the proper.ty of the OWner. The, Owner shall have full right to use said designs, drawings and specifications as instruments for the purpose of constructing, under contract or otherwise, any,buildingsor other struc- tures for the sole use of the Owner whe n and where the OWner may desig- nate, without any cla im on the part of the Engineer for additional com- pensation. 10. OFFICIAJ1S NOT TO BENEFIT. No member of or delegate to Congress or resident commissioner, shall be admitted to any share or part of this Contract or to any benefit to arise therefrom. 11. COVENAm AGAINST CONTINGENT FEES. The Engineer warrants that he has not employed' any person to solicitor secure thms Cont'ract upon any agree- ment for a commission, percentage, brokerage or contingent fee. Breach of this warranty shall give the Owner the right to terminate the Contra ct, or,. in its discretion, to deduet from the Contract Price or consideration the amount of such commission, percentage, brokerage or contingent fee. r ~- 11 I' ' "~'=~=="1 rT ,178 12. SUPERVISION OF CONSTRUCTION. Upon the award of a conjract or contracts for the construction of the project, the Engineer will, at the request of the Owner, furnish complete, adequate and competent supervision of construction and inspection services and endeavor to protect the Owner against defects and deficiencies in the work of the,. Contractor. He shall set construction stakes, establishing lines and I grades and other necessary controlling points at such stations and at such times as will permit the Contractor to proceed with the work with- out delay. If the Owner instructs the Engineer to provide supervision and inspection services as outlined above, the Owner agrees to pay and the Engineer agrees to accept as payment in full for said supervision of construction and inspection services the minimum fees prescribed by the Texas Society of Professional Engineers for said work. IN vVITNESS WHEREOF the parties hereto have executed this Contract as of the day and year first above written. 'ATTEST: (S E A L) (Signed) R. B. Allen Secretary CITY OF WEST UNI'iTERSITV PT,ACw'. 'T'W.YA~ OW.De r By_J Si .Q'nAd) ,A ~ Tu R"A1'"nnW A. L. Ker bow, Mayor n:A.RaH:TT 1f.~UlblEERING CO:."'\ttPAl'1Y Engineer B~ (Si~ned\ M~ T. aA"'1'"AT.t M. T. Garrett, President Address 1806 Milam Street Houst on 3, Tex~ s Motion by Commissioner Hancock, seconded by Commissioner Martin, adopting an ordinance providing for making University Boulevard a one- way street in the 3700 block during the opening and Closing of the school. Voting Aye: Mayor ,Kerbow, Commissioners Dunnington, Hancock and Martin Vot ing Noe: None The captiQn ef this ordinance is as follows: "AN ORDINANCE DECLARING THE 3700 BLOCK OF UNIVERSITY BOULEVARD A ONE-WAY STREET mRING THE TIME THAT THE STUDENTS ARE GOING TO AND FROM THE SCHOOL LOCATED IN '!'HE 3700 BLOCK OF UNIVERSITY BOIJLEVARD, SAID ORDINANCE -..../ . T~~~- ....... ~r -=-'-::l r I 179: TO BE IN FORCE AND EFFECT DURING 'mE SCHOOL YEAR OF EACH YEAR, AND FURTHER, CONVEYING UPON THE CHIEF OF POLICE OF THE POLICE DEPARTMEN'l' OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, THE AUTHORITY TO DECLARE. ALL STREETS IN SAID DITY ONE-WAY-STREETS DURING CONDITIONS OF EMERGENCY, AND PRO- VIDING FOR A PENALTY FOR VIOLATIONS.tt ( .! Motion by Commissioner Martin, seconded by Commissioner Hancock, authorizing publication of caption of the above ordinance in the offi- cial newspaper. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hancock and Martin' Voting Noe: None Motion by Commissioner Martin, seconded by Commissioner Dunn- ington, adopting an ordinance calling an election and fixing the date therefor for the purpose of electing a Commissioner to fill the vaoancy on the City Commission and ordering publication of notice in the offi- cial newspaper. Voting Aye: Mayor Kerbow, Commissioner Dunnington, Hancock and Martin Voting Noe: None The caption of this ordinance is as follows: "AN ORDINANCE ORDERING A SPECIAL ELECTION IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, TO FILL mE UNEXPIRED TERM AS COMMISSIONER, SAID POSITION MADE VACANT BY THE RESIG- NATION OF. COMMISSIONER JACK OGG.11. Commissioner Martin called the Co.pmissions attention to the faot that the Houston Electric Company's contract had expired one year ago and that considerable difficulty had been experienced in attempting to confer with the officials of that Company with a view of entering into a new contract and that aSi;nothing had been accomplished the necessary steps should be taken to expedite the matter and brimg same to a conclusion at the earliest possible date. The Mayor appointed Com. Martin to be Chairman of a committee to handle the matter and in- structed Com. Martin to select the members of his cemmittee. There being no further business to come before the Commission, upon motion duly made, seconded and carried, the meeting was declared adjourned. , I I I I ATTEST: CI~~ C1f~. MAYOR r -'---~'~_._""-'. '--'~1 r c . ~ ~ -'''"""''1 I I lt1U Mi.nutes., ,O..,.f.Regular Meeting October 8 t 1945 The City Commission convened in regular session On Monday, 1, October 8, 1945, at 8 P. M., at hhe City Hall. Members present were 1 Mayor Kerbow, presiding, Commissioners Dunnington, Hancock, Martin and the City Secretary. . Minutes of the meetings of September 24 and October 1 were read and approved. Motion by Commissioner Martin, seconded by Commissioner Dunn- ington,that the City Commission agrees with the property owners residing in the 3000 and 3100 blocks of Quenby Street to resurface the street in these blocks at no cost to the property owners. Voting Aye: Mayor Kerbow, Co:rnmis sioners Dunningtpn, Hancock and Martin Voting Noe: None Motion by Commissioner Dunnington, seconded by Commissioner Martin, that the City Commission agrees to resurface portions of Cason Street in the 2800 and 2900 blocks at no cost to the property owners. Voting Aye: Voting Noe: Mayor Kerbow, Commissioners Dunnington, Hancock and Martin None Motien by Commissioner Martin, seconded by Commissione!' Dunn- ington, requesting the Garrett Engineering Company to present a written proposal to the City on the cost of a survey to establish grades and plans for paving all intersections, including curbs and gutters, on all unpaved streets not included in the, present contract now in force with Garrett Engineering Company. Voting Aye: Mayor Kerbow, Co.mm.issionersDunnington, Hancock and Martin Voting Noe: None Motion by Commissioner Dunnington, seconded by Conmissioner Hancock, authorizing payment of attorneys fee in the amount of $75.00 to the City Attorney for examination of title to the 12 acre Cunning- ham tract which the City is now attempting to acquire. Voting .Aye: Mayor Kerbow, Commissioners Dunnington, Hancock and Martin Vot ing Noe: None ~81~ Motion by Commissioner Martin, seconded by Commissioner Hancock, that the Mayor be appointed to arrange a meeting to be held at the Community House on Friday Night, Ootaber 12, for the purpose of allow- ing the citizens to discuss and voice their opinion as to the location ( of the proposed Harris County Court House. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hancock and Martin Voting Noe: None Motion by Commissioner Hancock, seconded by Comrrassioner Dunn- ington, instructing the City Attorney to prepare an ordinance chang- ing the time of the meeting of the City Commission as follows: September 15 to Nl8.rch 15, the Commission to:.meet at ?: 30 P. M. on the second and fourth Monday, and from March 15 to September 15 the Commission to meet at 8 P. M. on the second and fourth Monday. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hancock and Martin Voting Noe: None The monthly report of the Police Department as rendered by the Chief for the month of' September was read to the Commission. Motion by Commissioner Hancock, seconded by Corimissioner Martin, authorizing expenditures in connection with the awarding of a Certi- ficate of Merit to Auxiliary Policemen for services rendered the B'ity during the war as recommended by the Chief of Police. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hancock and Martin None Voting Noe: Motion by Commissioner Dunnington, seconded by Commissioner Martin, that the City Engineer and Chief of Police make a survey of the street lighting system.and fix the locations for 85 street lights to be installed by the Houston Light & Power ~ompany as pro- vided for in ag,reement recently entered into with that Company. Voting Aye: Mayor KerbOW, Commissioners Dunnington, Hancock and Martin Voting Noe: None Motion by Commissioner Hancock, seconded by Commissioner Martin, adopting an ordinance ordering the condemnation of 12 acres .of land . known as the Cunningham tract to be used for the City Park and Swimming Pool. I l " -......-. 1---- '->-~- r -~ '~ ~ I 1'82 Voting Aye: Voting Noe: Mayor Kerbow, Commissioner Dunnington, Hancock and Martin None The caption of this ordinance is as follows: ;'i "AN ORDINANCE COND>>JINING A 12 ACRE TRli\CT OF LAND LOCATED IN THE CITY OF WEST UNIVERSITY PLACE, TEXA.S, FOR THE PIT'lPOSE OF ESTABLISHING A PLAY GROUND, PARK AID SWThtlIING POOL. ft There being no further business -00 come before the Commission, upon motion duly made, seconded and carried, the meeting was de- clared adjourned. If/~ MAYOR ATTEST: ~ ~'~ ~ ~I SECRETARY , /. 18,3,. MINUTES OF REGULAR MEETING OCTOBER '22, 1945 The City Co.rmn.ission convened. in regular session on Monday, Oct- ober 22, 1945, at 8 P. M. at the City Hall. Members present were Mayor Kerbow presiding, Commissioners Dunnington, Hancock, Martin and the City Secretary. Minutes of the meeting of October 8, 1945, were read and approved. Commissioner Hancock advised the City Commission that he attended the dinner given for toe Auxiliary Police at which time the Auxiliary Police were prewented with Certificates of' Merit for services ren- dered the City during the war. Commissioner Hancock stated that the Auxiliary Police extended their qppreciation and gratitude to the City for recognition extended them by the City. The Mayor read a letter from E. E. Rogers, Chairman of Drainage District No. 12, advising the City Commission of a meeting to be held in Bellaire on Tuesday, October 23, at which time Lt. Metyko, Dis- trict Engineer of the State Health Department, would present and dis- cuss his report on his findings resulting from a survey of conditions on Brays Bayou during the past several months. The Mayor announced that the Harris County Mayors and Council- men's Association would be guests of West University Place at the regular meeting of the Association on November 8, 1945, and that ar- rangements would be made to hold the meeting at a place to be selected. A letter was read to the Commission from Mr. Gus Comiskey of Comiskey Insurance Agency, requesting the City to specify in specifi- cattons for construction work that insurance company's furniShing Performance Bond must be residents of the City of West University Place. No decision was reached in the matter and it was referred to the City Engineer for f'urther handling. A motion was made by Commissioner Dunnington, seconded by Com- missioner.' Martin, ordering apubl ic hearing to be held at 7: 30 P. M. on Monday, November 26, 1945, on the proposal recommended by the Planning Commission to amend Ordinance No. III commonly known as the Zoning Ordinance, to create a retail business district in the area set forth in the Planning Boards recommendations. Voting Aye: Mayor Kerbow, COnk~issioners Dunnington, Hancock and Martin Voting Noe: None Motion by Commissioner Hancock, seconded by Commissioner Martin, authorizing the City Treasurer to negotiate a loan with the University State Bank in the amount of $15,000.00 for the purpose of defraying 1-"~ ['co., '"~~_",~,,_,,, , r'T' 1~4 operating expenses of the City in the interim between the begin- ning of' f'iscal year on September 1 and collection of taxes at a later date, said funds to be borrowed in two installments of $7500 each as needed. ' Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hancock and Martin Voting Noe: None . ,), Motion by Commissioner Hancock, seconded by Commissioner Martin that the City Engineer be authorized to complete plans and speci- fications and advertise for bid~ on the construction of additional water lines on Westpoint and Bellaire Boulevard and in Sunset Ter- race, including installation of fire plugs. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hancock and Martin Voting Noe: None At this time the City Commission recessed to reconvene 'upon call of the Mayor. The City Commission reconvened at 8 P. M. on 'Wednesday, October 24, 1945, at the City Hall with Mayor Kerbow presiding, Commissioners Dunnington, Hancock, Martin and the City Secretary present. Motion by Commissioner Hancock seconded by Commissioner Dunning- ton, authorizing the Garrett Engineering Company to complete the plans and specifications f'or the Disposal Plant and to present same to the State Health Department for its approval. Voting Aye: Mayor Kerbow, Co~~issioners Dunnington, Hancock and Martin Voting Noe: None M,otion by Comrnis'sioner Dunnington, seconded by Co.m.m.issioner Mar- tin, authorizing the Mayor and City Secretary to execute a contract with the Garrett Engineering Company covering the preparation of plans and specifications on the paving project in order to carry out the conditions under which the City ,secured an advance from the Federal Bureau of Community Facilities. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hancock and Martin Voting Noe: None "_/.:. "1 ..., T 1"8'.~, A_..~" Motion by Commissioner Hancock, seconded by Commissioner Martin instructing the City Attorney to prepare a release and present same to Superintendent Ira A. Harris for execution releasing the City from all claims for damages arising out of injuries sustained by Superintendent Harris in an accident at the WIater Plant. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hancock and Martin Voting Noe: None The Commission recessed to reconvene upon call of the Mayor. -L2r!E~ Mayor ATTEST: Gi~ 180 MINUTES OF REGULARMEETIl\1G NOVEMBER 12, 1945 ,':i The City Commission convened in regular session on Monday, November 12, 1945 at 7:30 P. :M. at the City Hall. Members present were Mayor Kerbow presiding, Commissioners. Martin and Dunnington, The City Secretary and Commissioner Hancock were absent on trip to Austin in connection with seeking approval of State Health Depart- ment on Sewage Disposal Plant plans. "-'--...-/'. . The Mayor read a letter from the County Librarian wherein it was stated that 1trs. Saunders, Branch Librarian, had been granted ' an increase in salary of $6.00 per m.onth and requesting that the City IDa tch this amount. Motion by Commissioner Martin, seconded by Com.- missioner Dunnington, that the City increase amount contributed to- wards Mrs. Saunders salary $6.00 per month to match amount contribu- ted by Harris County. Voting Aye: Mayor Kerbow, Commissioners Dunnington and Martin Voting Woe: None The Mayor read a letter written by the City Engineer to E. E. Rogers, Chairman of Drainage District No. 12 wherein the City's ef- forts to plan and begin construction of disposal plant to eliminate pollution in Brays Bayou was reviewed. This letter was in answer to request from Mr. Rogers seeking information as to what the City ex- pected to do with respect to elimination of pollution. A committee from the West University Civic Club headed by R. G. Hyeatt was present to discuss and seek information regarding the proposed Sewage Disposal Plant. This matter and other matters relative to City business was discussed at some length. N~. Brown, Secretary of the West University Civic Club, requested the City to construct a foot bridge over Poor Farm Ditch at a location between Rice Boulevard and Sunset. The matter was discussed and no action taken. Miss Myrtle Fortrand of 808 W. Main Street, stated that the City had appropriated a portion of a lot belonging to her in Preston Place, being Lot 1 i:p. Block 1, for use in extending W'akef'orest Street south to Plumb Street. Miss Fortrand stated that her lot was orig- inallY91 feet deep and that it had been reduced to depth of 68 feet and that she expected the City,to pay her for the damages incurred in appropriating part of her property for public use. The matter was referred to COInmissioner Martin and the City Attorney to check into and make a report to the City Commission. .' '3:81 The City Commission recessed to reconvene upon call of the Mayor.. The City Co.n+mission reconvened at 7:30 P. M. on Friday, November 16 at the City Hall. Members present were Mayor Kerbow, presiding, Commissioners Dunnington, Hancock and Martin and the City Secretary. Commissioner Hancock reported to the Commission that the State \ Health Department approved plans of the Sewage Disposal Plant on Tuesday, November 13. The matter of the contract of John G. Holland for construction of' the disposal plant which was executed in 1942 'being un<;ler discussion the City Attorney stated that in his opinion the contract between the City and John G. Holland was still in f'orce and effect inasmuch as construction had been postponed or suspended for reasons over which neither the City nor John G. Holland had control. A motion was made by Commissioner Hancock, seconded by Commissioner Martin, adopting resolution ordering and directing John G. Holland to resume work on construction of' the disposal plant. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hancock and Martin . Voting Noe: None The resolution is as follows: HORDERING Arm DIREC'fING JOffiI G. HOLLAt-ill, CONTRACTOR, TO RESUME WORK ON THE CONSTRUCTION OF ADDITIONS TO SEWAGE DISPOSAL PLANT UNDER CONTRACT DATED JUNE 18, 1942. ~~EREAS, the City of West University Place has heretofore entered into a Contract with John G. Holland for the construction of additions to the Ci tyf s sewage disposal plant, said Contract being dated June Id, 1942, for the total amount of' $159,d43, and WnERE~S, pursuant to said Contract, said Contractor started work on said project and completed certain work thereunder, and WI-IERK..iiS, the' City Commission on September 14, 1942, adopted a Resolution, the caption 01~ which reads as follows: "AUTHORIZING POSrrTONE1'JE1:nr OJ!' THE COJ\1TRACT FOR ADDITIONS AND EXTENSIONS TO, THE SEW1;.GE DISPOSAL PLANT, DPW DOCKET TEX. 41-240, :F'OR THE DURATION OF YdE WAR .AS RECOlv::J.IJiEl\TDED BY THEW"1~R CONVJf:RSION }D"};VIEW BOARD IN ORDER TO CONSERVE THE USE OF CRITICAL IVlATERIALS ~m.;EDED IN THE WAR EFFORT. f1 and r~'- ,.. . . .'1 r .'~~'---~..- " ........,-T-.--' 188 vmEREAS, pursuant to said Resolution all work on said project was suspended tor the duration of tile War, and VfHEREAS, the emergency which required the suspension of' work no longer exists, and }' WI-IER8.AS, said John G. Holland, Contractor, has filed wi tn the City Commission a Proposal, a copy of which is attached hereto and made a part of this Resolution, agreeing to proceed with the con- struction of s::dd project under the terms of the Contract 'dated June 18, 1942, and in accordance with t he plans and spe ci:flications therefor, and ; .~ Vif"ilI--!;REAS, the State Board of Health has urged the City to pro- ceed with the construction of said facilities and to discontinue the pollution of Bray's Bayou, and WHEREAS, it is deemed to be to the best interest of the City and its citizens that said improvements be constructed as expedi- tiouslY'8s possible, NOW, THEREFORE, FE IT R~~SOLVED BY THE CITY COMMISSION OF THE CITY' OF WEST U1J"IVEHSITY PLACE, TEXAS: , Tha t John G. Holland, Contra ctor, and the Garrett Engineering Company, Consulting and Supervising Engineers for the City, be and are hereby ordered and directed to resume the construction of addi- tions to the sewage disposal plant pursuant to the Contract between the City and the Contra ctor dated June 18, 1942. PASSED A)\.J1) APPROVED This the 16th Day of November, '194.5. ATTEST: (Signed) ft. T.. KAT'nm;.r Mayor (Signed) R. B. Allen City Secretary Approved as to Form: (Signed) Trov T. Stokes City Attorney A motion was .made by Commissioner Martin, seconded by Co.rnmis- sioner Dunnington, adopting a resolution approving the revised plans and specifications for additions to disposal plant and au- thorizing the Mayor to execute Change Order No. 1 covering the changes in the plans and specif'ications as approved by the State Health Department. ' Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hancock and Martin Voting Noe: None l~'--: .:":~~.~~-:-- _ _ _ ~ ~_~~~"]. _~r - ~--< - , ltj~ The resolution is as follows: "APPROVING THE REVISIONS OF THE PLA..l\JS AND SPECIFICATIONS FOR ADDITIONS TO TEE SEWAGE DISPOSAL pLANT U~TDER CONTRACT DATED JU!\J'E 18, 1942, VITTHJOHN G. HOLLAND, CONTRACTOR, AND AUTHORIZING THE MAYOR TO EXECUTE CHANGE ORDER NO. 1 COVERING CHANGES IN 'l'.!:il!.: PUNS AND SPECIFICATIONS AS AP- PROVED BY THE STATE BOARD OF HEALTH. V~~EREAS, the Garrett Engineering Company, Consulting Engineers for the City, has .submitted for approval certain revisions in the plans and specifications for Additions to the Sewage Disposal Plant now being constructed by John G., Holland, Contra"ctor, under Oontract dated June 18, 1942, and . ~VHEREAS, said revised plans and specifications have been re- viewed and approved by Lt. Frank Metyko, u. S. Public Health Ser- vice, now working in cooperation with the Texas state Board of Health, and WHEREAS, said revised plans and specifications have been filed with and approved by the Texas S~ate Board of Health pursuant to the provisions of the State Sanitary Code, and \VHEREAS, the original plans and specifications provided for only the minimum treatment in order to conform to wartime Govern- ment regulations, and WHEREAS, said revisions have heen .made to incorporate the latest methods and most efficient and modern types of equipment for sewage treatment so as to prevent any further pollution of Bray's Bayou, and ~~REAS, the City Commission feels that it is its duty to pro- vide for the construction of a modern sewage treatment plant of the highest type, NO'N, THEREFORE, HE IT RESOLVED BY THE CITY C01VThlIISSION OF THE CITY OF \VEST UNI1JERSITY PL.4.CE, TEnS: (1) That the revised plans and specifi,cationsas prepared by the Garrett Engineering Company, Consulting Engineers for the City, and approved by the Texas State Board of Health, be and the same are hereby adopted and approved. (2) That the Mayor be and is hereby authorized to execute for and on behalf of the City Change Order No. 1 to the Contract with John G. Holland, Contractor, dat.ed June 18, 1942. PASSED AND APPROVED This the 16th day of November, 194.5. r"'~'" ", ~. ') r' ' ", -------'-______----r-___c-"____".,----c-,,,--y.r_,y,----,,-,_______ r I 190- (Signed) A. L. Kerb-ow lVrayor ATTEST: "y... (Signed) R. B. Allen City Secretary Approved as to Form: (Signed) Trov T. Stokes City Attor ney Motion by Commissioner Martin, seconded by Commissioner Dunn- ington, authorizing the City Engineer to proceed with the shelling of Sunset Street in College Court provided Mr. Strey, owner of the 12 lots on this street pays his pro-rata share of the cost. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hancock and Martin Voting Noe: None Motion by Commissioner Martin, seconded by Comm.issioner Dunn- ington, authorizing the City Engineer to construct approximately 425 feet of sanitary sewer line to reach Lots 26 and 27 of Block 1, College Court Place, on the same basis as other sewers which have. been constructed by the City in this area. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hancock and Martin Voting Noe: None Motion by Commissioner Martin, seconded by Commissioner Dunn- ington, authorizing Garrett Engineering Company to prepare an esti- ma~e of the cost of paving all unpaved intersectiqns in the City and further authorizing the payment of $300 to. the Garrett Engineer- ing Company for the preparation of estimate and instructing the City Engineer to furnish all i~formation required by the consulting en- gineer in the preparation of the estimate. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hancock and N~rtin Voting Noe: None There being no further business to come before the COID~ission, upon motion duly made, seconded and carried, the meeting was de- :::::,adjQUrnedo aY:~A^ Mayor ~ City Secretary ~'-i r~ . - -I [1---- -- :J.~1 MINUTES OF REGULAR IV1EETIID November 26, 1945 ,.. I ! The City Commission convened in regular session at 7:30 P. M., Monday, November 26, 1945, at the City Hall. Members present were Mayor Kerbow presiding, Commissioners Dunnington, Hancock, Martin and the City Secretary. Minutes of meetings of October '22, 24, November 12 and 16 were read and approved. Motion by Commissioner Martin, seconded by Commissioner Dunn- ington, that Ordinance No. 111 be amended to provide for the estab- lishment of a retail business district on Bellaire Boulevard between st. Marks Episcopal Church and the Telephone BUilding. Voting Aye: Mayor Kerbow, Commissioner s Dunnington., Hancock and Martin Voting Noe: None Mr. Louis BaIJ;,ks and Mr. H. Kenneth Harms appeared before the Comraission regarding the operation of a taxicab company in West University Place. The Commission requested these gentlemen to pre- sent their proposition and ref'e,rences in a letter to the Commission. Motion by Commis~ioner Hancock, seconded by Commissioner Martin, authorizing the City A,ttorney to intervene on the part of the City in a suit styled Stubb1.efield et al vs. Gault et al which is an ac- tion brought by reBiden~s of Bradford Place in an attempt to enforce restrictions in that sun-division. . ." Voting Aye: Voting Noe: Mayor R:erbow~ Commissioners Dunnington, Hanc ock \tm d Marti n None Mr. Hawkins of the J. R. Phillip~ Company presented a proposi- tion to the City Commission relative to handling proceedings in connection with proposed bond issues. The Commission took the matter under consideration~ Moti on by Co.mrnissioner Mar:t;in, seconded by Commissioner Dunning- ton, authorizing reinstatement of Humane Officer G. D. Peyton in the Police Department to be assigned to duties by the Chief or Police effective November 15, 1945. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hancock and Martin Voting Noe: None Motion by Commissioner Dunnington, seconded by Commissioner Mar- tin appointing F. A. Huvdeler and H. F. Dawson judges in Precincts 87 and 133 respectively in the election to be held on December 1, 1945, said judges to select their own clerks. r'_',"'~:c~"_=~C:~~":~~~l [- . ... .",.~CC~~"~'_C,""" '"1 . '---"~"T-l" 192 j... Voting Aye: Mayor Kerbow, Commissioner Dunnington, Hancock and Martin Voting Noe: None Motion by Commissioner Martin, seconded by Commissioner Dunn- ingtoJ,1, authorizing the Mayor and the City Secretary to execute a contract with the Brays Development Company providing for the fUrnishing of water and sewer service to the sub-division known as Brays Heights located south of Bellaire Boulevard. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hanc ock and Martin Voting Noe: None Motion by Com. Dunnington, seconded by Com. Martin, author- izing the City Attorney to draw a release releasing the city from liability in connection wi th the injuries received by Mr. A. P. Robb in an accident at the Water Plant and present same to Mr. Robb for execution. '1 j~ f-~ Voting Aye; Mayor Kerbow, .Commissioners Dunnington, Hancock and Martin Voti ng Noe: None Motion by Commissioner Hancock, seconded by Cornmissioner Martin, authorizing the transfer of the Health Fund to the Univer- . sity State Bank from the City National Bank.' Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hancock and Martin Voting Noe: None Motion by Commissioner Dunnington, seconded by Commissioner Martin, approving the 1945 Tax Roll as presented by the Tax Assessor and Collector Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hancock and Martin Voting Noe: None Motion by Commissioner Martin, seconded by Commissioner Han- cock, instructing the City Engineer to investigate and make a re- port to the City Commission on the opening of Wakeforest street from Cason to BellaireBoulevard. lea The City Commission reconvened on Wednesday, December 5, 1945, at 7:30 P. M. at the City Hall. Members present were Mayor Kerbow presiding, Commissioners Dunnington, Hancock, Martin and the City Secretary. The re turns of: the eleoti on f:or the purpose Of: fill ing the va- cancy on the City Commission held on December 1, 1945, were pre- sented to the Commission by the City Secretary. The vote was can- vassed and the resolution declaring results official was presented by the City Attorney. Motion by Commissioner Martin, seconded by Commissioner Han- cock that the resolution declaring Ralph B. Lee elected Commissioner and declaring results official and final be adopted. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hancock and Martin Voting Noe: None The resolution is as follows:' ff~NHEREAS, there was held in the City' ofW'est University Place, Harris County, Texas, on December 1, 1945, a special city election for the purpose of electing a Commissioner to fill a vacancy on the City Commission, and at such election the following votes were cast for the candidates for such office as follows, to-wit: NAME RALPH B. LEE Vi. H. RA1.lDOLPH VOTES CAST IN PRECINCT NO. 87 220 89 VOTES CAST IN PRECINCT NO. 133 145 164 TOTAL 305 253 WHEREAS, as a result of the eiection the said Ralph B. Lee was elected Commissioner of the City of West University Place, Texas; NOW, THEREFORE BE IT RESOLVED BY mE CITY C OJIJffiliISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, that the official results of such election be formally declared, pursuant to canvas of the returns of such election by the City Commission, to be that the said Ralph B. Lee was elected a Commissioner of the City of West University Plaoe, Texas, at the said election. PASSED AND APPROVED this 5 day of December, A. D. 1945, by a vote of 4 aye s and no noe s. ATTEST: (Signed) R. B. Allen SECREtDARY (Signed) ~. L. Kepogw MAYOR r - - ~-' -'-:~---'n '~-.;:;::~..~~:=! .f"" c---=-=---",o'"-"-""'.e.-y~..=,,,,-=-.-O"::,,,,~'~:1_______ --'-T-T 194 The Mayor administered the oath of office to 1~. Ralph B. Lee and he assumed his position asa COnLrnissioner of the City Commis- sion of West University Place. Mr. Lee presented a pUblic official surety bond in the amount of $3,000 and upon motion by Commissioner Dunnington, seconded by Commissioner Martin, the said bond was ap- proved. . Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hancock and Martin Voting Noe: None The City Engineer presented a list and map of the locations for 85 new street ligfits to be installed free of charge by the Houstoh Lighting & Power Company, the said list having been ap- proved by the Houston Lighting' and Power Company. Motion by Com. Hancock, seconded by Omnmissioner Martin approving the list as presented by the Chief of Police and the City Engineer and in- structing the Houston Lighting & Power Company to install the lights at the locations named. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hancock, Martin and Lee Voting Noe: None Motion by Commissioner Martin, seconded by Corrilllissioner Dunn- ington, instructing the City Attorney to draw an ordinance and pre- sent same to the Commission at its next meeting providing for the issuance of warrants in the amount of $10,000 to be used for the purpose of raiSing additional funds to pay for the Sewage Disposal Plant. Voting Aye: :MayorKerbow, Commissioners Dunnington, Hancock, Martin and Lee Voting Noe: None The City Secretary presented reports of the Health Department for the months of August, September and October, also a report of the Police Department for the month of October. The Mayor announced that 1!J1asquelette & Company, audi tors 'for the City, have completed audit of' t.b.e books and records of the Ci.ty , as of the end of the f'iscal year, August 31, 1945, ani that; the audit report; was now on file in the City Hall. Commissioner Martin, who had previously been appointed to head a committee to discuss a new contract with the Houston Electric Company covering operation of busses over city streets, announced the following members to compose the committee of which he is chair- man: '1--'- 195 Commissioners Dunnington and Lee, City Attorney Troy T. Stokes and the" City Secretary to act as ex-officio secre- tary of the board. . The City Attorney reported on theprog.re ss of the condemnation suit on the Cunningham tract which isto be used for swimming pool and park site. The~e being no further business to come before the Commission upon motion du"ly made, seconded 'and carried, the meeting was de- clared adjourned. ATTEST: ~~ MAYR .' ~ or . BE RETARY 1 " c~.c~co ~r...~ '..~ -,-. 1 , , '-----'. r"'~"r.~...o ,. .,_.c. n'~_ .J. !. I -- -- 196 Minutes of Regular Meeting December 10, 1945 The City Commission convened in regular session Monday, December 10, 1945 at 7:30 P. M. at the City Hall. Members present were Mayor Kerbow presiding, Commissioners Dunnington, Hancock, Martin and Lee and the City Secretary. Minutes of the regular .meeting of November 26 and. recessed meeting of December 5 were read and approved. Mr. Grant of the Grant Motel on Main Street appeared before the Commission stating that he and other property owners along Main Street desire to connect proposed sewer line serving their properties to the West University Sewage Treatment Plant on Brays Bayou. The Mayor appointed the City Engineer, the City Attorney and the four Commissioners to compose a committee to study the matter and make a report to the Com...'1l.issinn at a later date. \, '., ~. -/' The City Attorney presented an ordinance providing for the li- censing and control of taxicabs. Motion by Commissioner Lee, seconded by Comrnissioner Dunnington, that the said ordinance be amended by add- ing Section 7 providing for the forfeiture of taxicab license in the case of violation of any of the terms of the ordinance. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hancoc k, Martin and Lee Voting Noe: None Motion by Commissioner Martin, seconded by Commissioner Dunning- ton, adopting the ordinance as amended. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hancock, Martin and Lee V ot ing Noe: None The caption of the ordinance is as follows: "AN ORDINANCE AUTHORIZING T.dE ISSUANCE OF PERNIITS TO TAXICABS TO BE OPERfJ,TED IN THE CITY, FJ;,XING THE LICENS1~ FEE FOR SUCH PERMITS, R1~GULATING THE IvLAXDvmM FARES TO BE CHARGED, PRESCRIB- ING THE RE::iUIRE:l.mt'TS FOR OBTAINING A E~RMIT, PRESCRIBING THE RE~UIRE~mNTS FOR OBTAINING A TAXI DRIVER'S LICENSE, A~ID FIX- ING TIrE LIABILITY, INSURANCE POLICY, StH:1ETY BOND OR SECURITIES INCIDENT TO OPERATING TAXICABS IN T'tIE CITY. II Motion by Commissioner Martin, seconded by Commissioner Hancock, that the recommendations of the City Treasurer with respect to grant- ing City Hall employees a holiday on December 24 and further the is- suance of pay checks for the last period of the month of December on December 24 be approved. 197 Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hancock, Martin and Lee Voting Woe: None The Cit.y Secretary read a report submitted by the Chief of Police covering the operations of the Police Department for the month of November. , Motion by COlumissioner Dunnington, seconded by Commissioner Martin, adopting a resolution authorizing the sale of $21,000 of United states Govermuent Bonds and directing that the funds derived from the sale of these bonds be deposited to the Sewage Disposal Plant Reserve Fund in the City National Bank. Voting Aye: Mayor Kerbow, Commissio.ners Dunnington, Hancock, Martin and Lee Voting Noe: None The resolution is as follows: 1I~T.:rIEI?J:i':AS, the City of livest University Place, Texas, is in the process of constructing a sewage disposal plant; and WWI-IEREAS, wi thin the immediate future, there will be due l\venty-one Thousand ($21,000.00) Dollars on the current cost of construction; and ttV1FLEREAS, most of the Cityfs assets appropriated for the purpose of covering the cost of construction of said plant are now in governLllint bonds; and UV-JI-rERSAS, the funds are carried at present as nSanitary SeViler Improvement ]'und" and uDisposal Plant Reserve Fund" ; and n~i[,';CR:c.:i\"S, it is the desire of the City Commission to consolida te these :funds and carry them as one, designated as tlDisposal Plant Re- serve FundH; and If WHEREAS , the Oi ty COlnmission desires that these funds be de- posited in the City National BanIe of Houston, rrexas: 11 Now, therefore, BE rr RESOLVED by the City Commission of the Oity of West University Place, Texas, in regular session assembled on this the 10 day of December A. D. 1945, that the City Treasurer be and is hereby authorized and directed to sell Bonds Nos. 5534-5535 and 8022, constituting the amount of Tvventy-one Thousand ($2l,000.00) Dollars, and deposit said fund in the City National Bank of Houston, Texas, designa ting the fund as "Disposal Plant Reserve Fund ff, said fund to be used to meet the obligations incurred in the construction of the sewage disposal plant. -r-=;c-__._____,.u_.,_.,_.._.~_=~"::;_"= _I-".:=-:O-C-"'~=~"""''':::'C-''''-':1 -,--1' '198: 1 I I I I I \ I \ t \ \ l r ~ I r i t i I \ ~ [ f f , I f (. PASSED this the 10 day of December, A. D. 194.5. (~i~ned) fA.. L. I\$~~OVv A. L. Kerbow, Mayor of the City l,'.' of West University Place, Texas ATTEST: r ' ---r-i-. _, (Signed) R. B. Allen R. B. Allen, City Secretary City 01' West University Place, Texas ( Seal) ]JIotion by Commissioner Martin, seconded by Commissioner Dunn- ington, quthorizing the consoJ,idation of the funds in accounts. en- titled flSanitary Sewer Improvement Fund" and "Sewage Disposal Plant Reserve Fundtt into one account entitled "Sewage Disposal Plant Re- serve Fund" in the City National Bank. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hancock, Martin and Lee Voting Noe: None Motion by Commissioner Dunnington, seconded by Conunissioner Han- cock, adopting an ordinance authorizing the issuance of $10,000 Sani~ary Sewer Warrants. Voting Aye: Mayor Kerbow, Commissioners Dunnington, Hancock, Martin and Lee Voting Noe: None The caption of this ordinance is as follows: !lAN ORDINANCE AUTHORIZING THE: ISSUANCE OF $10,000 SA1\IITARY SEWER WARRANTS: PRESCRIBING THE TERMS A1\!D CO"NDITIONS THEREOF; LEVYING TAXES FOR TFIE PAY11ENT OF PRINCIPAL AND INTEREST THERE- ON; AND DECLARING AN EMERGENCY". The City Attorney presented a proposal to handle proceedings in the issuance of $20,000 of Sanitary Sewer Warrants for a flat fee of $.500.00 and the handl:i:ng 01' the proceedings of a proposed bond issue in'the approxi~te amount of $275,000 for a fee of 3/4 of l~. He stated that he had associated himself with Attorney Victor W. Bouldin in the handling of the bond and warrant matters. The Commission dis- cussed the proposal at some length and Commissioner Lee entered an ob- jection to the amount of fees, stating that in his opiniohthe fees l. t. ...-/i";' [ T ,"- .'" -1 r . "'1 J.~~. were excessive and suggested that the City interview other attorneys with a view of obtaining legal services in connection with the pro- posed warrant and bond issues at a lower cost to the city. There being no further business to come before the Commission, upon motion duly made, seconded and carried, the meeting was adjourned. ATTEST: ~~ CI-,- SECRETARY r--I-'----'~-- r----- -- ----,~ - '1 r -- -----.-. 1 200 r~_'-~,>,",~-_._-"""-':::-'~~= ,~. 'j i i ~., 1 I -/" ~Q.l Minutes of Regular Meeting December 24, 1945 1 The City Commission convened in regular session at 7:30 P. M. on Monday, Dece~ber 24, at the City Hall. Members present were Mayor Kerbow presiding, Commissioners Martin and Lee and the City Secretary.. Motion by Commissioner Martin, seconded by. Commissioner Lee that the Commission recess to reconvene upon call of the Mayor. The City Comm~ssion reconvened at 7:30 P. M. on Friday, Decem- ber 28, 194.5 at the-City Hall after having recessed on Monday, December 24. Members present were Mayor Kerbow presiding, Commis- sioner Du~~ington was absent due to illness. Xx: Motion by COIDnlissioner N~rtin, seconded by Commissioner Lee, that the City Commission will entertain a proposal of Mr. C. E. Gates regarding improved transportation facilities for the City and approv- ing the conducting of a survey of !Ar. Gates and his associates who will submit a report and ,proposal to the City within sixty days, and further that the City Commission will grant a franchise to Mr. Gates and his associates for transportation facilities if the said report and proposal is favorable to the City's interest provided, however, tha t there is no obligation on the part of the City to issue or grant such a franchise. Voting Aye: II/layor Kerbow, COIDmissioners Hancock, M.arti nand Lee Voting Noe: None Motion by COITilllissioner Martin, seconded by COITlli1issioner Lee, adopting a resolution authorizing the delivery of $10,000 Sanitary Sewer Warrants. Voting Aye: Mayor Kerbow, Commissioners Hancock, Martin and Lee Voting Noe: None The resolution is as follows: A RESOLUTION AUTBOHIZING TrlE DELIV}~RY OF $10,000 SANIT.AHY SEWER WARRANTS rr:EE STNIT.~ OF TEXAS 0 . . COUt~Y OF fillRRIS I xx Eioners Martin, Hancock, Lee and the City Secretary. Commis- ,_1" ,'",,~'cr-- f- -T--------------- Z03" The Oity C0.mm18si,on, 'ot: the Oity at West University Plaoe, , Tems.t met in sp~oial session ,at the Oity Hall within said oit,y on ' the 2tsth ~ay 'o:f ~ce.mber, 19~5, with the following members present, , to-wi t :,: ' ,', , A. L.' Kerbow' Waylan'd R. Hancock L. ;r. Martin Ralph' B. Lee R. B. Allen' , Kayor '0ODlJ1is~10ner' Co_is s ioner , 'Cos18sioner " Oity,Secretary U." " , , . , '" constituti-!l8, a quorum, wilen 'the ~ollow1ng ,business was transacted: .. . . Mayor Kerbow introduced a resolution Which was read in tulle OQJD.Ddssioner' :Martin made a motion that th., resolution b~ adopted as read. The motion wa. seo9nded by Oommissioner'Lee and carried by the following vot~: ADS:: Mayor I8rbow, ,CQJDDdssioners"Bancook, Martin and !,ee. . ROES.: lion"., '!'he Mayor declared that,' the resolution, " had been fiQ81ly,adop~ed~ ,~e resolution'thU~ .~opted tollows: ". ' A RESOLUTION AUTHORIZING ,THJ!: llII.IVEH! OJ' lio, 000 ' , 8ABITAR!' SEWER WA 1UlDTS~ ' t"l::usKI!iAS, the Oity Commission adopted an' ordinance on the 10th day: ot Deoember, 1'4.5 a\lthori~DS the issuanoe 01: tJ,O,OOQ ~ani- , tary Sewer Warrants to e~idenoe'tbe Qity's iDd~btedD8S8 tor,a'>>or- tion ot the ,cost,ot tbe ~eQDS~ructlon ot imprDvemei1ts, ad4itioD8 ' aIid extensioDS, to' tbe' sanita,ry sewer system ot tbe Oi:t1 ot West ,University Place; and' , , WHEREAS, John G. 'Holl~nd 'i~ the contractor con8truot:1ng' said improvements, a~ditlons' aDd extensions to the 'City' s sa~itary 8EnreJ;' system alid has 'presented his E,t~te :No. 1 showing t~t, mat'erials and labor have been tur..n1sbed and work bas been done to the aDIOU11t ot '11,174.00 UDder hia ooatract with the, oity tor ~he ,oonstruction ot said improvements,' additiolUS and e:qensiOD8 and said e~~1mate, has, been approved by Oat"rett 'll1:J&:1neering Oompany, eng1D8e~8 tor the oi ty on said project aDd the 's,sid ,1Qhf1 G. Bol.).and bas in 'al~ t~Dgs com- , plied with the terms, t1t s~d ,oontract and'~he city of' West, UD11'er8ity .. Place has reoeived tbe tull benetits, ot the material j ,labor and work covered by' said Est1ma~,e ..o~ 1 to the extent ot "the claim 'based there- on and no persoD, firm, corporation, or trust asta:bahas g1:9'en ~t1oe , in writing, 'or otherwise, ,to said ~i,ty, ~ to any otti~1al' thereot, " i 1':' ot any liens tor mate~ial, apparatus, fixtures, machinery or labor, ,': , ' turnished to said contractor ~s provided by Chapter 17" ,Aots bt ;192.5-,' i ' (.Article' .5472-&,' Vernon'~ If~ms Ci",i1 Statutes) or ~D7 othe~ law; , , I . and " ;' , , ' ~....)-:- , " " ,\ , ' , 'ii.t1J5H.l5AS, the City at West UD:1.versity Plaoe does not hold, Ii ", / " claim at 8J17 kind or, character against tbe saiel ';rohn G. lIoUaiJd " ,which mi'ght be p.roper~y 'charged' or interposed a8 an 'ottset or.ooun- 'tero1a1m. to the pa7.~t ot th8 a'toresaid claim based on ~st1mat. No.1; and ' , " " " .. ,Y r.. __ ._.. :~. __.1 L...... :;;a.._ ._ ..1 I - , , , ~~r~~n--._._Io- :..-....--...........---'-.... eo.a i " 1<VHEREAS , the c ityf s contract with the said John G. Holland provides that 9010 of all approved estimates shall be paid as the work progresses and the remaining 1010 withheld until the contract is completed: THEREFORE, BE IT RESOLVED by the City Corrilldssion of the City of West University Place, Texas: Section 1: That the aforesaid claim and account of John G. Holland in the amount of $11,174.00, bas~d on Estimate No.1, be, and the same is, hereby approved and allowed, and the City of West University Place hereby acknowledges receipt of the benefits of its contract with the said John G. Holland for the construction of improvements, additions and e:xtensions to the city's sanitary sewer system to the extent of said claim and account. ( I i I Section 2: That, in accordance with said contract and the ordinance, authorizing the issuance of $10,000 Sanitary Sewer Warrants, adopted on the 10th day of December, 1945, there shall be executed and'de- livered to the said John G. Holland, or his order, the $10,000 City of West University Place Sanitary Sewer Warrants, dated December 15, 1945, bearing 210 interest per annum, in the denomination of $1,000 each, numbered from 1 to 10, both inClusive, and maturing $1,000 on December 15th in each of' the years 194~ through 1955', both inclusive, and that the cityT s obliga tion to the said John G. Holland under the terms of said construction contract be credited with the sum of !.SlO , 000. Section 3: That the said John G. Holland be paid the sum of $56.60 out of construction fund on hand for said purpose and that said sum of $1,117.40 representing 1010 of said Estiw8te No.1, be withheld until said contract has been fully completed. PJl~SSED and APPRCVIW this 28th day of December, 1945. liTTEST: { .s.:i.gnadj--lL._..L....~..b.oJ&.. Mayor, City of West University Pla ce, Texas' ( Oig.i.led) TI. D. City Secretary (Seal) Allell Upon motion by Commissioner Hancock, seconded by Commissioner 1,lartin, the Commission recessed to reconvene upon call of the Mayor. - - - - - - - - - - r---" _ C'-~~~"~~~~'''~'~l J 'I' ;204 ;I Minutes of Recessed Me.eting December 31, 1945 The City Commission convened at 6:30 P. M. on Monday~ December 31, 1945, at the City Hall after having recessed on Friday, December 28. The following members were present: Mayor Kerbow, Conmlissioners Hancock and Martin and the City Secretary, constituting a quorura. Comrnissioners Dunnington and Lee were absent due to illness. 1 I i 1- ..J . The City Attorney presented eight ordinances providing for the annexation of certain territories to the City of West University Place. Motion by CornmissionerMartin, seconded by COhlluissioner Hancock, adopting Qrdinance No. 300 annexing an area marked Section If A n on map attached to the ordinance. Voting Aye: Mayor Ke:ebow, Com.m.issioners Hancock and Martin Vot ing Noe: None The Mayor declared the ordinance carred at b :43 P. M. The caption of this ordinance is as follows: UAN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, BY A1'.lNEXING TO THE CITY CERTAIN .ADDITION~I\L LAND AND TERRITORY, INCLUDING IN SUCH TAtiJD AND TERR!TORY THE CITY OF BELLAIRE, TEXAS; DESCRIBING THE LAIID AI\J'D TERRITORY V\J.HICH INCLUDES THEREIN THE CITY OF BElLAIRE, TEX!lS, SO ANNEXED; AJ\1) PROVIDING WHEN THIS ORDINANCE SHALL BECOl'IE EFFECTIVE. 1I Motion by Commissioner Hancock, seconded by Comlnissioner" Martin, adopting Ordinance No. 301 annexing an area designated Section "B" on map attached to Ordinance No:.. 300. :~'.'.~ Voting Aye: Mayor Kerbow, Commissioners Hancock and Martin Voting Noe: None The Mayor declared the ordinance adopted at 6:49 P. M. The caption of this ordinance is as follows: ,.-:~;,,,,,,-~~."'.._-... . l'.-:;=:-C:'''='.o~",,"--,-,,----;;;o~.i=,",'''~ 205. liAN ORDINANCE EX'rENDING THI~ CITY LTIvTITS OF THE: CITY OF WEST UNIVEESITY PLACE, TEXAS, BY ANJ\1EXING TO THE CITY CERTAIN ADDITIONAL LAND AJ\1J) TERRITORY) INCLUDING IN SUCH LAND AND TERRITORY THE CIT'! OF SOUTHSIDE PL..L\CE, TEXAS; DESCRIBING THE LAND AND TERRITORY 'WHICH INCLUDES THEREIN THE CITY OF SOUTHSIDE PLACE, TEXAS J SO ANNEXED; A1Jl) PRO- VIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.1t Motion by Cormnissioner l!ilartin, seconded by Commissioner Han- cock, adopting Ordinance No. 302 providing for the annexation of area designated Section nCn on map attached to Ordinance No. 300. Voting Aye: Voting Noe: Mayor Kerbow, Commissioners Hancock and Martin None The Mayor declared the ordinance adopted at 6:54 P. M. The caption of this ordinance is as follows: tfAN ORDINANCE EXTE1IDING THE CITY LD/IITS OF THE CITY OF lATEST UNIVERSITY PLA CE ,r:!:'Ex..tiS J BY ANl\lEXING TO THE CITY CERTAIN ADDITIONAL LAND Al--ID- TERRITORY; DESCRIBING TEE LAND AND TERRI- TORY SO ANJ\1EXED; AND PROVIDING VH1EN THIS ORDINANCE SF-ALL BEC01lli EFFECTIVE." Motion by Commissioner Hancock, seconded by Commissioner Martin, adopting Ordinance No. 303 providil1..g for the annexation of an area designated as Section nDn on map attached to Ordinance No. 300. Voting Aye: Mayor Kerbow, Commissi oners Hancock and Martin Voting Noe: None The lfuyor declared th~ ordinance adopted at 6:59 P. M. The caption of this ordinance is as follows: "AN ORDINANCE EXTE:NDING THE CITY LIMITS OF THE CITY OF VfEST UNIVERSITY PLACE, TEXAS, BY .AJ:.TJ:>TEXING TO THE CITY CERTAIN ADDITIONAL LAND A...1il"D TERRITORY; DESCRIBING THE LAJ\T]) .AJ:.TD TERRI- TORY SO ANNEXED; AND PROVIDING WIfEN THIS ORD!NI\NCE SHALL BE- COllIE EFFECTIVE. If Motion by Commissioner Martin, seconded by Commissioner Hancock, adopting Ordinance No. 304 annexing an area designated as Section "E" on map attached to Ordinance No. 300. Voting Aye: Voting Noe: Mayor Kerbow, Commissioners Hancock and Martin None .......__.__ ..'1. - _.- ... ---. ....--- - -'--, ""'-'.--:~ ..:-:: ._~1__ 1--,----------..----------- ZOb The Mayor declared the ordinance adopted at 7:04 P. M. The caption of this ordinance is as follows: "AN ORDINANCE EXTE:NDING THE CITY LIMITS OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, BY ANNEXING TO THE CITY CERTAIN ADDITIONAL LA1\J1) A~'D TERRI'IDRY; DESCRIBING THE LAND AND TERRITORY SO ANNEXED; iill'D PHOVmH,]G VffiEN TillS ORDINANCE SBi-\.LL BECOME EFFECTIVE. II 'I I -_/:- Motion by Corumissioner Hancock, seconded by Commissioner Martin, adopting Ordinance No. 30.5 annexing an area designated as Section ttFn on map attached to Ordinance No. 300. r.-' Voting Aye: Mayor Kerbow, Commissioners Hancock and Martin Voting Noe: None The :Mayor declared the ordinance adopted at 7:11 P. M. The caption of this ordinance is as follows: ltAN ORDINANCE EXTElIDING THE CITY 1,IMIT8 OF THE CITY OF Wl~ST UNIirERSITY PLAOE, TEXAS, BY A 1\1J\TEXING- TO TEE CITY CERTAIN ADDITIOR4L u\ND ~m TERRITORY; DESCRIBING TIm LAl\i'D AND TERRITORY SOiLl\TJ\1EXED; AND PROVIDING WHEN TillS ORDINANOE SHALL BECOME EFFECTIVE. n Motion by Commissioner Martin, seconded by Commissioner Hancock, adopting Ordinance No. 306 providing for the annexation of an area designa:ted Section IfG" on map attached to Ordinance No. 300. Voting Aye: Mayor Kerbow, Oommissioners Hancock and lilartin Voting Noe: None The Mayor declared the ordinance adopted at 7:15 P. M. The caption of this ordinance is as follows: "AN OHDINANCE EXTE1\TDING THE CITY LIMITS OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, BY ANNEXING TO THE CITY CERTAIN ADDITIONAL L.A1\TO AND TERRITORY; DESCRIBING THE LA11D AND TERRITORY SO ANJ\1EXED; AND PROVIDING 1fffiEN TillS ORDINANCE SHALL BECO:ME EFFECTIVE." Motion by Commissioner Hancock, seconded by Commissioner Martin, adopting Ordinance No. 307 annexing an area designated Section "Hn on map attached to Ordinance No. 300. rC ' nc'c', C~O"C"n"I -----rr' ZfJ't Voting Aye: Mayor Kerbow, Commissioners Hancock and Martin Voting Noe: None The Mayor declared the ordinance adopted at '7: 20 P. M. / The caption of this ordinanc~ is as follows: ttAN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF Vv'EST UNIVERSITY PLACE, TEXAS, BY AmTEXIN"G TO THE CITY CERTAIN ADDITIONAL LAJ\1D AND TERRITORY; DESCRIBING THE LAND AND TER- RITORY SO M1NEXED; A1\TD PROIJIDING WREN THIS ORDINANCE SHALL BECOlb".E EFFECTIVE. ft There being no further business to come before the Commiss~on upon motion made, seconded and carried, the meeting was declared adjourned. af~ l\r1AYOR ATTEST: ~~ r- . r'-' _OM b_ - .-----. -.-.~ ., .I______.________.__---.----~-_c:---,-----,--"..;-;:'--.-c-,,-,-,--- -