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HomeMy WebLinkAboutMinutes_1958 REGULAR. MEETING OF CITY CONMISSION JANUARY 13, 1958 The City Commission convened in regular session at the City Hall on .tvIonday, January 13, 1958, 7:30 P.M. with the follOilling members present: }tlayor Hammond, presiding; Commissioners Galbraith, Davis and Halbert. The City Attorney and City Manager were also present. Commissioner Brown J-las out of the city on business~ The Invocation was pronounced by Commissioner Galbraith. Mayor Hammond announced that a public hearing had been called for 7:30 P.M. for the purpose of considering amending the city's roning ordinance to permit use of Lot Ill, Block 25, West University Place 1st Addition as a parking lot by the West University Methodist Church. The Oath was administered by Hayor Hammond to the following named persons who expressed a desire to testify during the hearing: Messrs. Clayton: Meadows , J. H. Stonis, George E. Housen and vI. vi. Bowman and w1J.i tt Johnson, City Manager. City IvIanager Whitt Johnson testified, in answer to questions by the City At- torney that application had been submitted by the West University Methodist Church for permission to use Lot lll, Block 25, West University Place 1s,t Addition as a parking lot and the request was reconnnended for approval by the Zoning & Planning Board. The City Manager also testified that a notice of the hearing scheduled for 7:30 P.M. January 13, 1958, had been published in the official newspaper of the city and a notice had been mailed to all owners of property within a 200 Ft. radius. In his opinion all requirements had been complied with in order 'to hold a publiC hearing. Mr. Clayton Meadows, Chairman of the Board of Trustees of the 1rlest University Methodist Church explained that the church had purchased the lot involved about two years ago and the space was needed very badly for parking of automobiles to relieve the congestion on the streets around the church. lVlr. Meadows stated that the lot would be topped if used for parking purposes, and its use would not detract from the surrounding property. He explained that Lot 11A, Block 25, West University Place 1st Addition was a 50 x 235 Ft. lot fronting the Poor Farm Ditch. Mr. J. H. Stonis, 6330 Mercer, stated that he was opposed to rezoning the lot under discussion as it would reduce the value of his property which is located immediately to the south of the church proper~. }Vir. George E. Housen, 6324 Mercer, testified he owned the lot directly north of the church lot, and he was opposed to the rezoning of the property for parking purposes as his property was located between two lots owned by the church. Nr. Hausen stated that he had submitted a request asking permission to construct a multiple family dwelling on his property and his request had been denied by the Zoning Board and Ci~J Commission. In anSfrler to a question asked by J:.1r. Stonis, Mr. Clayton Meadows explained that cars would reach the proposed parking area by a topped right-of-way along Poor Farm Ditch. r--- - - ~~ 1~"~' "'~-~'-'-r - -, ',--------'-r 139' City Attorney Cockrell explained that a Supreme Court ruling has curtailed authority of a municipality so far as a church is concerned, however, it was not clear as to whether or not the ruling would apply since the lot involved was not contiguous to the property presently used for church purposes. 'tiith no further questioning desired, the following action was taken: (,Y:J Motion by Commissioner Halb~rt, seconded by Commissioner Davis, that the hearing called for the purpose of considering amend:ing the city's zoning ordinance to permit use of Lot llA, Block 25, West University Place 1st Addition as a parking lot by the West University x.lethodist Church, be c~s~. ' (J) '\'--1 Voting Aye: Voting No: },Iayor Hamm.ond; Commissioners Galbraith, Davis and Halbert None :.;f~''f~ -'-....~ .."!' ~ Motion by Commissioner Halbert, seconded by Commissioner Davis, that action be deferred pending an opinion from the Ci~ Attorney relative to the city's authority with relation to churches where the lot involved is not contiguous to property presently zoned for church purposes and not involv- ing a church building. Voting Aye: Voting No: Mayor Hammond; Commissioners Galbraith, Davis and Halbert None In compliance with notice duly published in the official newspaper of the city, Mayor Hammond announced that bids received for delivery of a new 1958 pickup truck would be opened at this time. The following results were announced: Bidder Net Bid Mohr Chevrolet Co. Earl lVlcMillian, Ine. Jimmie Green Chev. Jack Roach Ivy Russell Knapp Chevro1.et Co. Albert Berry Felton IVlotor Co. Mike Persia Bill Bugas $1,537.60 1,560.34 1,281.91 1,724.70 1,423.99 1,562.35 1,764.45 1,422.72 1,584.33 1,042.83 Hotion by Commissioner Galbraith, seconded by Commissioner Davis that bids received for deiivery of a new 1958 pickup truck be referred to the City Manager for tabulation and authority granted for the issuance of a purchase order provided the lowest and most responsible net bid is accepted. Voting Aye: Voting No: Mayor Hammond; Commissioners Galbraith, Davis and Halbert None "T --~_.. -~ -=-"-=~=-=!"""'!!I--Z-= - t4Ul ~Iinutes of the meeting of the Zoning & Planning Board on January 9, 1958, 'Were presented to the Commission. The Z,~ning Board recommended that the City CO!TlJllission approve a request from '[vIr. J. C. Faris, Independent Executor of the Estate of !.J. Penick, deceased, for permission to resubdivide the wi of Lots 1 & 2, Block 20, v-Iest University Place 1st Addition into three lots as follows: (1) a corner lot fronting 7!5' on Brompton Road and 150' deep on Duke Street; (2) 67i' on Brompton Road and 150' dee~ adjoining the corner lot; (3) 57~' o.n Brompton Road adjoining the 672' lot on the north. lYlotion. by Commissioner Davis, seconded by Commissioner Galbraith, that a pub- lic hearing be called for 7:30P.fiI., February 10, 1958, to consmder amending the city's zoning ordinance to permit the subdivision of the W~ of Lots 1 and 2, Block 20, West University Place 1st Addition, into three lots, 75 x 150', 67~' x 150' and 57~' x 150' as requested by Mr. J., C. Faris, Independent Executor of the estate of A. J. Penick, deceased. Voting Aye: Voting No: Mayor Hammond, Commissioners Davis, Galbraith and Halbert. None Commissioner Ha.lbert asked to be excused from the'meetip~ at this time ashe had a business engagement. Ordinance No. 733, captioned as follows, was submitted and read in full for the third and final reading: AN ORDINANCE GRANTING 'IO HOUS'ION LIGHTING & POWER COMPANY, ITS SUCCESSORS Al\1]) ASSIGNS, THE RIGHT , PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE CITY AN ELECTRICAL LIGHTING AND POhlER BUSI- NESS A1.TD ro EB.EC T, CONS TRUC T, JI'lAIN TAIN, 0 PERA 'IE, USE, EXTEND, REMOVE, REPLACE AND REPAIR IN, UNDER, UPON, OVER, ACROSS AND AlONG ANY AND ALL OF THE PRESENT AND FUTURE PUBLIC ROADS, HIGH- WAYS, STREE'IS,LANES AND ALLEYS OF THE CITY AND OVER AND ACROSS ANY STREAM OR S'fREA}1S, BRIDGE OR BRIDGES, NmJ OR HEREAF'IER O-v./NED OR CONTROLLED BY IT A SYS'l'EM OF POLES, POLE LINES, roWERS, TRANSI"lISSION LINES, WIRES, GUYS, CABLES, CONDUITS AND OTHER DE- SIRABLE INSTRUMENTALITIES AND APPURTENANCES (INCLUDING 'IELEGRAPH AND 'lELEPHONE POLES AND WIRES FOR COMPANY'S OWN USE), NECESSARY OR PROPER FOR THE SUPPLY AND DISTRIBUTION OF ELECTRICITY FOR , LIGHT, POWER AND Wi'...A T, AND FOR ANY OTHER PURPOSE FOR ~mICH ELEC ~ TRICITY MAY BE USED , TO THE MUNICIPALITY .MID INHABITAN'IS OF THE MUNICIPALITY, OR ANY OTHER PERSON OR PERSONS FOR A PERIOD OF FIFTY (50) YEARS; REGULATTIlG THE USE OF STREETS BY THE CONPANY AND THE REPAIR AND RESOORATION OF STREE'IS DISTURBED BY CONSTRUC- TION; CONTAINING A CONTRACT BY THE COHPANY 'ill FURNISH FIRST- C LASS SERVICE AND THE GRADE OF SERVICE TO I'IS CUS'ID1v'iERS AS PRO- vIDED BY I'IS RATE SCHEDULES EXCEPT UNDER CONDITIONS BEYOND THE COMPANY'S CONTROL; PROVIDING FOR THE TEMPORARY REMOVAL, RAISING AND LmJERING OF \HRES AND OTHER APPURTENANCES AND ES'I~.BLISHING S'I'ANDARDS FOR 'IHEIR CONSTRUCTION; PROVIDING FOR COMPENSATION TO BE PAID 'ill THE CITY; PROVIDING FOR USE BY THE CITY FOR I'IS TRAFFIC .~~ f" ,.. _co. -"~~I""'t~---r"~-'-''''''-''--'''''-'''---'-''--l cy,) (jJ 'I;"""'i ~~ "",i :!:Z ..II..""!!l[ .J.. SIGNAL LIGHT SYSTEM AND I'IS POLICE AND FIRE AIJLffi!I SYS'I'EWI OF CERTAIN WIRE AND CONDUIT SPACE; PROVIDING THAT TIUS FRANCHISE SHALL NOT BE EXCLUSIVE; PROVIDING THE COMPANY'S OBLIGATION TO FURNISH El<'FICIENT SERVICE AT REASONABLE RAms; PROVIDING A SEVERABILITY CLAUSE; RESERVING ALL POw1:RS OF REGULATION; PROVIDING FDR INDEMNITY BY THE COMPANY 'lD THE CITY; I'1AKING PROVISIONS WIlli RESPECT TO MORTGAGES; MAKING MISCELLANEOUS PROVISIONS RELA.TIVE 'ill THIS GRANT OF FRANCHISE; REPEALING ALL PRE:VIOUS ELBC 'ffiICAL LIGH'I'ING AND PO~JER FRANCHISE ORDINANCES; PROVIDING FOR ACCEPTANCE BY THE COIvlPANY; A1\TD PROVIDING AN EFFECTIVE DATE. Motion by Commissioner Davis, seconded by Commissioner Galbraith, that Ordinance No. 733, granting the Houston Lighting & Power Company a new 50 year f'ranchise be passed and approved on this, the third and final reading. Votmg Aye; Voting No; Mayor Hammond; Commissioner Davis, Galbraith and Halbert None Nr. F. M. Austin, Vice President, and Hr. Paul Joplin, Industrial Engineer, of'the Houston Lighting & Power Company were present at the meeting and ex- pressed words of' appreciation for the consideration which had been given to the request f'rom the company f'or granting a 50 year franchise and assured the Commission of the company's fullest cooperation with the City. Estimate No. 1, f'rom the F & R Construction Corporation, for work completed on the Street Department equipment storage building was submitted f'or con- sideration. Motion by Commissioner Galbraith, seconded by Commissioner Davis, that Esti- mate No.1, from the F & R Construction Corporation, in the amount of $10,800 for work completed on the Street Department equipment storage building be approved for payment as recommended by A. L. Bearden, Street Superintendent and the City J.l'1anager. Voting Aye; Voting No: Mayor Hammond; Commissioner Davis, Galbraith and Halbert None Resolution 58-1, as follows, was submitted f'or considera~ion and read'in full: 'irffiEREAS, the 'City of tJest University Place, currently has capital available in the General Fund which will not be required for operating expenses until later in the present fiscal year; AND \1THEREAS, it is deemed to be to the best interest of' the city that such funds be placed in a time deposit investment in ()rder to earn additional revenue in the form of interest for the opera- tion of' the City: AND WHEREAS, the present bank balance; the average monthly income and expenditures of' this Fund as anticipated until maturity of' this investment v.1ill preclude a fund deficit: r 1'1 - 1 ----,,-- - ~Jr~ .!t. j':'}~L <./ NOW, THEREFORE, BE IT RESOLVED BY THE CITY CON}lISSION OF THE CITY OF ~VEST UNIVERSITY PLACE, TEXAS, that the City Treasurer is hereby directed to invest funds amounting to $20,000.00 from the General Fund, for a period of six months. Motion by Commissioner Davis, seconded by Corron. Galbraith, that Resolution 58-1 authorizing the City Treasurer to invest funds amounting to $20,000.00 from the General Fund for a period of six months, be passed and approved as read. Voting Aye: Voting No: Mayor Hammond; Commissioners Davis, Galbraith and Halbert None Resolution 58-2, as follows, was submitted for consideration and read in full: 'VJF1EREAS, the City of Tilest University Place" currently has capital available in the Tax Collector Fund which will not be required for operating expenses until later in the present fiscal year; ...... AND, WHEREAS, it is deemed to be to the best interest of the City that such funds be placed in a time deposit investment in order to earn additional revenue in the form of interest for the operation of the City; AND, WHEREAS, the present bank balance, the average monthly income and expenditures of this Fund as anticipated until maturity of this investment will preclude a fund deficit; NOTN, 'IHEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, That the City Treasurer is hereby directed to invest funds amounting to $15,000.00 from the Tax Col- lector Fund, for a period of six months. Motion by Commissioner Davis, seconded by Commissioner Galbraith, that Resolu- tion 58-2 authorizing the City Treasurer to invest funds amounting to $15,000.00 from the Tax Collector Fund for a period of six months, be passed and approved as read. ' Voting Aye: V oting No: },Iayor Harmnondj Commissioners Davis, Galbraith and Halbert None Authority was requested by the City }1anager to advertise for bids on delivery of automobiles and trucks as replacements for the various departments as provided for tn the 1958 budget. It was explained that replacements were proposed for the Police Department, Administrative Department, Health and Garbage Department. Motion by Commissioner DaviS, seconded by Commissioner Galbraith, that the City Nanager be authorized to advertise for bids to be received until February 24, 1958, 7 :30 P.M., for four passenger cars, one pickup truck and one 2t Ton truck. C"') eJ') M f~t ,~ '"'";""1 ~"'" i ! I !i II II Ii L__u 14,3" / Voting Aye: Voting No: lVIayor Hammond; Commissioners Davis, Galbraith and Halbert None The City Manager advised that Mr. Eugene Maier, Traffic Engineer of the City of Houston, had requested the city to construct a left hand turning lane going east on Rice at the intersection of Kirby Drive where the City of Houston is installing new traffic lights. A print of the proposed construction was sub- mitted, however, it was determined that widening of Rice Blvd. by 12' at the desired point to provide for left hand turning lane going east could not be done because. of the present paving aiignment and due to the fact that Rice Blvd. has only a 50' right-of-way. The City IVlanager was instructed to advise the City of Houston of this difficulty in relation to the request of Mr. Maier. Minutes of the meeting of December 16, 1957, were read and approved as corrected. With no further business to come Before the Commission at this time, upon motion duly made, seconded and carried, the meeting was adjourned. ~~~~ Texas ATTEST: .. Ci ty :Decretary ~'.'-_.~-~-.F~===--..c=-'=r--~~ r''''"''- 0 ,-co ~'"",=-="""":.~-,,,,,-;y. 7.'-."'.- '1. =-'-' l44 REGULAR r-1EETING OF CI'lY COMMISSION JANUARY 2,7, 1958 The City Commission convened in regular session at the City hall on Honday, January 27,1958,7:30 P.I"l:. with the following members present: Hayor Hammond, presiding; Commissioners Brown, Davis and Halbert. The City At- torney and the City Manager were also present. Commissioner Galbraith was absent as he was out of the city for business reasons. The Invocation was pronounced by Commissioner Davis. In accordance with action taken by the Commission on January 13, relative to an application submitted by the West University Hethodist Church for permission to use Lot llA, Block-25, West University Place 1st Addition for parking purposes, the matter was continued until this date pending a decision from the City Attorney. M.r. George Housen, 6324 Hercer, who previously had submitted,a request to rezone Lot lOB, Block 25, West University Place 1st Addition to permit erection of a duplex for rental purposes, and Hr. J. H. Stonis, 6330 M.ercer, was present in opposition to the application. The City Attorney submitted the following written opinion relative to the question: January 24, 1958 nHon. Hayor and City Commission: Pursuant to your request I have made an examination of the lav.l pertaining to the question of allowing the West University Methodist Church to use Lot ll-A, Block 25, West Un1versity Place 1st Addition as a parking lot. As previously stated to you, our courts have held that churches may not be excluded from residential districts under a zoning ordinance as such exclusion does not have any connection with the promotion of health, safety, morals or the gen- eralwelfare of the community. I have not been able to find any cases dealing with the question of a church using a residential lot for a parking space. The uncertainty surrounding the question is increased by the fact that the lot in question is not contiguous to the other property owned and used by the church. In my opinion the real question is whether the providing of a parking lot 1S an essential and integral part of the church's activities. In view of our changing times it is possible that our courts would so hold. If it is decided that providing a parkLng lot is an essential feature to carrying on the work . of the church, the question arises as to how remote can such lot be and still be considered as part of the church property and allowed to be used as such. , Having no judicial authority on which to base a decision, I would assume that the courts would resort to a test of reasonableness. As an illustration, if the lot to be used were located two blocks distant from the church it is quite possible that the court would hold that distance alone v.JOuld preclude such lot from being an integral part of the church property. On the other hand if the lot is adjoining the church property or separated therefrom by only one lot such use as a parking lot might be a reasonable one. My attention had been directed to the fact that a similar situation exists as to other churches in our community. Therefore, to deny the use of this ----~ r ~~--- -,-, -,,~-r'''' --::iT 145 lot to the lJ'lest University Methodist Church would be in effect discriminating against such church. In view of this fact I believe that the present appli- cation of' the Methodist Church should be granted. I believe that the Commis- sion would be acting in good faith in granting such application and should any person feel aggrieved thereby the validity of the Commission's action could be tested by a suit in district court. Yours very truly, (s) Charles F. Cockrell,Jr. City Attorney Cf:) 0';) ~ "'t: ;e;'t =:2 After hearing the Attorney's opinion and further discussion of the request the following action was taken as the public hearing had been officially closed at the meeting on January 13: Motion by Commissioner Halbert, seconded by Commissioner Davis, that Ordinance No. Ill, be amended to permit use of Lot Ill, Block 25, West University Place, 1st Addition, for parking purposes as requested by the West U~versity Metho- dist Church and recommended by the Zoning & Planning Board. Voting Aye: Voting No: Mayor Hammond; Commissioners Brown, Davis and Halbert None It was brought to the attention of the City Commission that the city's present street grader, an Austin Western 1'199 was purchased in 1946 and is now in need of extensive repairs at an estimated cost of $1,500; however a used Allis Chalmers AD4 motor grader with scarifier has been located at the Hi-Way Equip- ment Company which is in good condition and can be purchased for approx:iJnately $3,500.00 without trade-in. Mayor Hammond stated that he and Commissioner Galbraith had inspected the used Allis Chalmers AD4 motor grader and in their opinion it was an excellent buy for the city. It was estimated that the, machine would adequately serve the city's needs for another 6-8 years with minimum repairs. I t was also considered advisable to transfer the present Austin Western 1'199 grader to the Garbage Department for temporary use at the sanitary fill. In view of the fact that the price of the machine is greater than the amount which can be expended without receiving sealed bids, it was considered ad- viseable to receive sealed competitive bids for a used grader of comparable specifications. Notion by Commissioner Davis, seconded by Commissioner Brown, t.l1..at in view of the facts presented concerning the use and need of a street grader that bids be received for the purchase of one used grader with scarifier and that the City Hanager be authorized to receive bids until 7:30 P .H., Februar-:r 24, 1958. Voting Aye: Voting No: Mayor Hammond; Commissioners Brown, Davis and Halbert None The matter of purchasing home radio receivers as requested by the Fire Depart- ment was presented. It was determined that the city could purchase through the Federal Civil Defense, radios of this type on a matching fund basis whereby they would pay one-half of the cost. 146 Hotion by Commissioner Brown, seconded by Commissioner Halbert, that three radios be purchased for use in the Fire Department under Federal Civil Defense matching fUnd program at a cost of $133.88 each. Voting Aye: Voting No: Mayor Hammond; Corrmtissioners Brown, Davis and Halbert None Mayor Hammond related progress being made by a Committee to work out arrangements for the Jay Evans memorial. Mayor Hammond asked the City Attorney to submit his opinion concerning the legality of changing the name of the Community House. Mr. Cockrell stated that he had reviewed the deed and could see no restriction nor impairment to changing the name to one deemed advisable by the Memorial Committee and the City's Committee. It was de- termined advisable that the Community House Committee should be instructed to work with the other Corrmtittee concerning the membrial and Mayor Hammond agreed to advise the Community House Committee to extend their cooperation to the group. The City Attorney' submitted a claim received from Hr. Kenneth L. Jones alleging that a metal guard over the catch basin at Sunset and Kirby Drive had damaged one of the tires of his automobile and he had requested reimbursement, and stated there might be some liability on the city's part inasmuch as there was not a proper warning device erected to show that the metal guard had been placed over the catchbasin and that it would probably be less expensive on the city to make an agreed settlement. The matter was referred to the City Manager with authority to make a reasonable adjustment with Mr. Jones pro- vided the amount did not exceed $20.00. The minutes of the meeting of January 13, 1958, l>fere read and approved as corrected. 1vith no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting was adjourned. ~:rt:.~ Plaee, Texas ATTEST: L_n .~~-'''-~-''-'> --Y--'~"-=c= .'-__~'~__=.-'__'-~-:-_"'",_~~'~~-~--",:"~~_ .c",c-,.",""--=-oo,===--o"".-==_=,,=-;o,,,,~ 1~7 REGULAR r1EETING OF CITY COxvIl'.J:ISSION FEBRUARY 10, 1958 The City Co~nission convened in regular session on Monday, February 10, 1958, 7:30 P.M., with the following meInbers present: :tvlayor Hammond, presiding; Commissioners Brown, Galbraith, .halbert and Davis. The City Attorney, and City Hanager were also present. The Invocation was pronounced by Commissioner Halbert. (':t'j (:J) In compliance with Notice duly published in the official newspaper of the City and notices mailed to all property owners within a radius of 200 feet of Lots 1 and 2, Block 20, West Unrversity Place 1st Addition, Hayor Hami'1iond alnlounced that a public hearing was in order to consider amending Ordinance No. III to permit resubdivisionof theWt of these lots into three lots measur- :ing 75 x 150 Ft., 57.5 x 150 Ft. and 67.5 x 150 Ft. as requested by J. C. Faris, Executor for the est~te of A. J. Penick, deceased, and recommended by the Zoning and Planning Board. M .<.:;::::~ ,"-".'t :;..~ ~.'~ Mayor Hammond asked that all who wished to be heard stand and be sworn. Those desiring to be heard and receiving the oath were Mepsrs. J. C.Faris, Jack Pannell, George Dickinson, Frederick Romberg, Herbert C. Graham, and Dr. W. J. Dubinsky . The following persons appeared at the hearing in opposition to the request: Mr. and Mrs. Frederick Romberg, 63hO Brompton Road Mrs. Samuel E. Enfield, 6344 Wakeforest Mr. and Mrs. Herbert C. Graham, 2815 Duke Mrs. Hazel D. BeCkman, 2811 Duke Niss Grace Hornaday, 6337 Brompton }lrs. Margarite M. Young, 6335 Brompton Mr. George Dickinson, 6331 Brompton Mrs. Rosalie Taylor, 6320 Wakeforest Letters were received from l'1rs. Louis lVI. Krausse, 6314 Brompton and Hr. Stuart p. Bosworth, 6316 Brompton, express:ing their opposition to the requested sub- division of Lots 1 and 2, Block 20, West University Place 1st Addition. City 1'-'Ianager Whitt Johnson, having been duly sworn by Hayor Hammond, testified in answer to questions by the City Attorney that notice had been published :in the official newspaper of the city and all property OV1llers within a radius of 200 feet of Lots L,and 2, Block 20, 'It/est University Place 1st Addition, had been notified of the hearing to be held at 7:30 P.M., February 10, 1958, to consider amending the City's Zoning Ordinance, as requested by Mr. J. C. Faris, Executor for the esta-te of A. J. Penick, deceased, and reconnnended by the Zoning and Planning Board. Mr. Faris, Trust Agent of the Bank of the Southwest, stated that he 1"laS appearing as Executor for the estate of A. J. Penick and was not offiaally representing the Bank of the South,vest. Ivlr. Jack Pannell, Realtor, stated that he represented the A. .T. Penick Estate and presented the proposed subdivision of the lots. T='~~~~~~=-:=,,=~ _n___r' ----'..I 14:'~, Mr. Pannell stated that he had sold 't.1.e ~1fest 100 x 150 Ft. of Lot 1, Block 20, and the south~est 42! Ft~ of Lot 2, totaling 142~ x 150 Ft. to Dr. W. J. Dubinsky, and that another doctor ~ad an option on the 1~ 57! x 150 Ft. of Lot 2, provided the City Commission agreed to subdivide Lots 1 and 2 accord- ingly. r~. George Dickinson stated that the subdivision of Lots 1 and 2 Lntosmaller tracts would decrease the value of property in the immediate vicinity. Mr. Romberg stated that he had purchased his home with the understanding that there would be no resubdivision of the existing property into smaller lots, and he felt that the area justified a larger lot than had been requested. Mr. Grah&~ stated there were only ,a very few lots in the immediate vicinity which would contain the square foot area of the proposed subdivision. A t this time, Dr. W. J. Dubinsky, the present owner of the W 142! x 150 Ft. of Lots 1 and 2 stated that he would purchase the other 57! Ft~ and that this would resolve the question of subdividing Lots 1 and 2., Uppn Dr. Dubinsky's statement, Mr. Faris and Mr. Pannell officially withdrew the application on behalf o~ the Estate of Mr. A. J. Penick for resubdivision of Lots 1 and 2 into three tracts. With this decision reached, the public hearing was dis- cintinued and the subdivision of Lots 1 and 2, Block 20, West University Place 1st Addition was not further considered. Estimate No.2, from the ~& R. Construction Corporation for labor and material involved L~ construction of the equipment storage building for the Street De- partment in the amount of $12,903.30 was submitted for consideration. l'1otion by Commissioner Davis, seconded by Connnissioner Galbraith, that Estimate No. 2 from the F & R Construction Corporation for labor and material i.nvolved in the construction of the equipment storage building for the Street Department in the amount of $12,903.30 be approved for payment. Voting Aye: Voting No: Mayor H2JJJ.morid; Commissioners Brown, Davis, Galbraith and Halbert None Resolution 58-3, as follows, was submitted for consideration by the City Commission: WHEREAS, the City of 1tlest University Place, currently, has capital available in the Sanitary Sewer Capital Improvement Fund, Charter Amendnlent Reserve Sewer Fund, Water-Sewer Fund and the Insurance Reserve Fund, which will not be requfured until later in the present fisca.l year; AND, WHEREAS, it is deemed to be to the best interest of the City that such funds be placed in a time deposit investment in order to earn additional revenue in the form of interest for the operation of ,the City; AND, irJHERF.JiS, the pres ent bank balance, the average monthly income and expenditures of these funds, as anticipated until maturity.of this investment, will preclude a fund deficit: .ih~V' NOW THEREFORE BE IT RESOLVED BI THECIIT Cm'llnSSION OF THE CI'IY , OF ~1/EST UNIVERSITY PLACE, TEX.l\.S, that the City Treasurer is hereby directed to invest funds amounting to: $12,370 from the Sanitary Sewer Capital Improvement Fund, fora period of 12 months; $11,310 from the Charter Amendment Reserve Sewer Fund for a period of 12 months; $20,000 from theWater-Sewer Fund for a peri~d of 6 months; and $10,000 fro~ the Insurance Reserve Fund fora period of 12 months. - (,'r:; Notion by Commissioner Brown, seconded by Commissioner Halbert, that Resolu- tion S8~3 directing the City Treasurer to invest fUnds amounting to $12,370 from the Sanitary Sewer Capital Improvement Fund; $11,310 from the Charter Amendment Reserve SeY-Jer Fund; $20,000 from the Water-Sewer Fund and $10,000 from the Insurance Reserve Fund, be passed and approved as read. en ~ ,~X ~ "'";>"'l ~ Voting Aye: Voting No: :Hayor Hammond; Commissioners Brown, Davis, Galbraith and Halbert. None \. Hayor Hammond submitted an application and agreement for service with the Houston Lighting and Power Company covering the two water plants, one located at 3825 Milton and the other at 5002 Wakeforest, and a contract covering street lighting and sewage disposal stating that the Houston Lighting and Power Company had asked that contracts be executed inasmuch as the franchise agreement has been adopted. C.ommissioner Galbraith stated that he would like to review the contract before action was taken by the Commission and upon his suggestion, further consideration of the contracts was p,?stponed until the next meeting on February 24, 1958. The City Nanager advised that numerous inquiries and requests had been received concerning permission to move houses into West University Place from the area in the right-of-way acquired by the City of Houston for the construction of the southwest freeway. It was determined that o~~y three houses had been moved into West University Place within the last 10 years and considerable objections had been received from residents in the immediate area who complained that the moving of houses into their vicinity decreased the value of their property. In this connection, the City Attorney submitted an ordinance which would rectify this condition. Ordinance No. 734, captioned as follows, was submitted to the Commission and read in full: AN ORDINANCE PROHIBITING ANY PERSON OR CORPORA TION FROH NOVING ANY BUILDING OR STRUCTlJRE TO BE USED OR DESIGNED 'ID BE USED AS A mVELLING PLACE OR RESIDENCE ONTO ANY LOT OR LOTS ]}J THE CIIT OF ",JEST UNIVERSITY PLACE, TEXAS; .ASSESSING A FINE FOR ANY VIOLATION HEREOF; AND PROVIDING AN EFFECTIVE DATE. Motion by Commissioner Halbert, seconded by Commissioner Galbraith, that Ordinance No. 734, prohibiting the moving of any building c;l.esigned to be used as a residence onto any lot in West University Place. 150 Voting Aye: Voting Np: Mayor Harrmond; Commissioners Brown, Davis, Galbraith and Halbert None Mayor Hammond read two letters to the Commission which he had written to Mr. 1Jlesley A. Kuenemann, Chairman of the Community House Committee and Hr. S. L. Lamkin, 3112 Georgetown, requesting that they co-ordinate their efforts in 1oJorking out the details of the Jay Evans IvIemorial. Mayor Hammond stated that he had attended the organizational meeting of the Metropolitan Areas Committee which had been organized to discuss and consider the Harris County Home Rule Report. The Mayor stated that it was his opinion that the City should be represented on this committee and be informed of the action and recommendation which would be forthcoming. It was the opinion of the City Commission that either the Mayor or Mayor Pro tem should attend all of the meetings of this Committee, with expenses to be paid by the City for their representative attending the meetings. The City Manager submftted a letter from the Comiskey Insurance Agency advis- ing that a check from the Travelers Insurance Company in the amount of $3,264.36 had been mailed to the City. It was explained that this was the third and final adjustment on the City's Workmen's Compensation and General Liability Policies for the period April 15, 1954 to April 15, 1957. The other two adjustments amounting to $3,517.83 and $3,027.47. The letter stated that losses paid during this period were so small that the total of these three adjustments represent the maximum return under the retrospective plan covering this perioo.. Congratulations lvere extended to the City by Comiskey Insurance Agency on the excellent record. Ordinance No. 735, captioned as follows, was submitted to the Commission and read in full: AN ORDINANCE FINDING AND DETER1<lINING THAT EACH AND ALL OF THE PROCEEDINGS HAVE BEEN HAD AND ALL THINGS ,. DONE PHE- REQUISITE TO THE HOLDING OF A PUBLIC HEARING TO CONSIDER AMENDING 'YBE ZONING ORDINANCE NO. 111 OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, 'ill PERt"1IT USE OF LOT II-A, BLOCK NO. RJj, 1;VEST UNIVERSITY PLACE FIRST ADDITION FOR AUTO-NOBIIE PARKING PURPOSES BY THE WEST UNIVERSITY }1ETHODIST CHURCH; FINDING THAT A PUBLIC HEARING FOR THE PURPOSE OF CONSIDER- ING AN M'IENDlVIENT TO ORDINANCE NO. 111 HAS BEEN DULY AND LEGALLY HELD; APPIDVING AND ADOPTING THE REPORT Al-.i1J RECOM- MEN"DATION OF THE ZONING AND PLANNING BOARD THAT ORDINANCE NO. 111 BE Ar:JENDED TO PERUT SUCH USE; M>IENDING ORDINANCE NO. III TO'PEIDUT SUCH USE AND PROVIDING AN EFFECTIVE DATE. Motion by Commissioner Galbraith, seconded by Commissioner Halbert, that Ordinance No. 735, amending Section 4 of Ordinance No. 111 to permit use of Lot ll-A, Block 25, West University Place First Addition for automobile, parking purposes by the West University Methodist Church be passed and approved as read. 1'---- -,' - _ _F--- ." "'l ---r------'-------,------------- 151" Voting Aye: VotLng No: Nayor Ha.mmond; Commissioners Brmvn, Davis, Galbraith and Halbert None Minutes of the meeting of January 27, 1958, were read and approved as corrected. With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting was adjourned. C() OJ 'r"l .~ ~ ~ est University Place, Texas ATTEST: 13~ REGULAR MEETING OF CITY COMI'1ISSION FEBRUARY 24, 1958 The City Commission convened in regular session at the City Hall, 7:30 P.M. Monday, February 24, 1958, with the following members present: J.vIayor Hammond, presiding; Commissioners Brown, Galbraith and Halbert. The City Attorney and City Manager were also present. Commissioner Davis was absent as he was out of the city on company business. The Invocation was pronounced by Commissioner Brown. In compliance with Notice to Bidders duly published in the official newspaper of the city, bids received for delivery of automobiles and trucks were opened from the following concerns with results aDJlounced: Jack Roach, Inc. Thad Felton Notor Co. Bill Bugas, Inc.' Earl McMillian, Inc. Ivy Russell Ivlotor Co. Richardson Chevrolet Co. Jimmy Green Chevrolet Co. Davis Plymouth, Inc. Albert Berry International Harvester Co. Notion by Commissioner Galbraith, seconded by Commissioner Brown, that bids received for delivery of automobiles and trucks be referred to the City Manager and Department Heads for tabulation and recommendation. Voting Aye: Voting No: Mayor Hammond; Commissioners Brown, Galbraith and Halbert None Bids received for delivery of a used motor grader were also opened and results announced as follows: Browning Ferris Co. Alternate Hi-Way Equipment Co. - Mustang Tractor & Equipment Co. - $6,950.00 3,950.00 3,500.00 3,250.00 Motion by Commissioner Halbert, seconded by COlnmissioner Galbraith that bids received for delivery of a used motor grader be referred to the City Manager and Street Department for tabulation and recommendation. Voting Aye: Voting N(): Mayor Hammond; Commissioners Brown, Galbraith and Halbert None Miss Ruth London, Landscape Architect, presented plans and specifications for ' plants, soil preparation ~~d planting to be done at the sewage disposal plant for the purpose of landscaping and screening. Miss London explained in detail the plans submitted stating that she was recommending a large number of fast growing inexpensive plants which were to be used for screening purposes as ' l>7ell as other plants and shrubbery which l>70uld add to the beautification of the grounds. Motion by Commissioner Galbraith, seconded by Commissioner Halbert, that plans &~dspecifications prepared by Miss Ruth London, Landscape Architect, for plants, soil preparation and planting at the sewage disposal plant be approved as submitted. Voting Aye: Voting No: Mayor Hammond; Commissioners Brown, Galbraith and Halbert None r~~~~~'~"""i''---- "U -'"..'T'''_ _'_'TO '1 -;r- 153 The: City, Ma,nager requested a.uthority to advertise for bids for delivery of one 20 cubic yard mechanical packing garbage collecting body for the Garbage Department. Motion by Commissioner Galbraith, seconded by Commissioner Brown, that bids be received until 7:30 P.1vI., March 24, 1958, for delivery- of one 20 cubic yard mechanical packing garbage collecting body for the Garbage Department. Voting Aye: Voting No: lI'Iayor Hammond; Commissioners Brown, Galbraith and Halbert None C'/J C) M """~ ~ ~ In accordance with action taken by the Commission on February 10, 1958,- further consideration was given to an application and agreement for service with the Houston Lighting & Power Company for service required for the operation of water pumping, sewage disposal and street lighting. Commissioner Galbraith stated that he had reviewed the contract and it was his recommenda- tionthat it be accepted. Notion by Commissioner Brown, seconded by Commissioner Halbert, that Hayor Hammond be authorized to execute the application and agreement for electric service required for water pumpLng, sewage disposal and street lighting, with the Houston Lighting & Power Company. .. Voting Aye: Voting No: Mayor Hammond; Commissioners Brown, Galbra,ith and Halbert None Letters were submitted to the City Commission from W. F. Spencer, City Tax" Assessor-Collector advising that three property owners were asking the city to waive penalty and interest charges on 1957 taxes which were not paid prior to January 1, 1958. IVlr. C. D. Tinsley, 3422 Tangley and lI'Ir. M. O. Seavey, 6133 Annapolis asked that penalty and interest charge be waived as they did not receive their tax statements. Dr. B. H. Estess, 6215 Edloe, stated that he had received his statement but felt that it was in error due to the in- creased amount and desired a hearing before the Board of Equalization.' Mr. Spencer advised that Mr. Tinsley a.nd IvIr:. Seavey were correct instating they did not receive the tax statements as they were mailed to the mortgage companies and were not returned to the city or forwarded as they should have been; therefore, the city had no way of lcnowing the statements were not received by the correct owners. Ihe City Attorney, being asked by the Commission to state his opmlOn as to whether or not the city could legally waive penalty and interest charges as requested, stated that it was his opinion that the City Commission has no authority to waive penalty and interest on taxes which have been permitted to become delinquent. In view of the City Attorneyrs oplnlon, the Commission instructed the City Hanager to haiT6 letters written to the three property owners advising them of the fact that the City Commission does not have authority to waive penalty and interest for delinquent taxes on individual cases. 154 The Cit-.r Attorney made the following report of alleged zoning violatio:q.s on which he has been currently working~ several of which have been corrected: 1. Mrs. Foye Sellars~ 2740 Barbara Lane garage apartment no longer occupied. Mr. Frank H. Crerie, 6427 Buffalo Spdw. - Pre~ises occupied by one faraily. Nr. Gerald L. Ha.mm, 5426 Buffalo Spdw. Premises occupied by one family. lVIr. Preston HcGilvray ~ 3419 Carnegie St. - Apartment not rented as of October 22, 1957, but he "mayor may not rent such apartment again." Mrs. Ralph, C. Red, 2741 Amherst wants Ilreasonable time to make neces- sary arrangements" regarding to rental of garage apartment. The Com- mission agreed to give Mrs. Red 60 days or until May 1, 1958, to have the violation corrected. Mrs. Ira D. Sykes, 2728 Barbara Lane - is complying with ordinance in use of house but garage apartment is still being rented, as it is her contentiQn that the apartment was constructmd prior to adoption of the zoning ordinance and has been in continuous use since such time. The Commission issued instruction for'the building inspector to make an investigation to determine if the renting of the garage apartment had been continuous since June, 1937. Mrs. Sam Rosenberg,"2736 Pitts burg in process of being corrected. Mr. Douglas 1. Lloyd, 2931 Amherst has promised to correct violation. Mr. RobertE. Vanliere, 6440 vJakeforest appointment has been made to discuss alleged violations at this address. l'1rs. Claire Barclay, 3601 Nottingham - no reply to original letter dated October 14, 1957. Mr. George A. Beck, 2801 Rice No definite action taken due to death of ' Mrs. Beck. Building Inspector instructed to make investigation. 2. ~ ".I. 4. 5. 6. 7. 8. 9. 10. 11. ,Ninutes of the meeting of February 10, 1958, were read and approved as corrected. With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting was recessed. The City Cmmnission convened in recessed session at the City Hall, 7:30 P.M. Honday, Narch 3, 1958, with the following members present: }1ayor Hammond, presiding; Commissioners Brmm, Galbraith and Halbert. The City lVIanager was also present. The Ci~y Attorney was absent. Commissioner Halbert pronounced the Invocation. A tabulation of bids received February 2h, for delivery of four passenger cars, one! Ton Picl<up and one 2! Ton truck was submitted with a recommen- dation from the City Nanager. It we,s recommended that Units 2 and 3 be purchased from the Jjmmie Green Chevrolet Company on their net difference bid of $720.98 for a Chevrolet Del Rey rather than purchasing the Ford Custom 300 from Bill Bugas MotDr Company on their net difference bid of $633.11 for reason the Chevrolets are available for immediate delivery 155' whereas the Ford Custom 300 cannot be delivered by Bill Bugas until March 31. Delivery is considered an importcmt factor because one of the police cars, Unit No. 103, is out of service and inoperable until a considerable sum of money is spent on the transmission. In all other cases it was rec- ommended that the city purchase the units from the low bidders as follows: Unit 1 Unit 4 Unit 5 Unit 6 Jimmie Green Chevrolet Jimmie Green Chevrolet Jack Roach Motor Company Jimmie Green Chevrolet Net difference Net difference Net difference Net difference $1,172.20 1,410.20 1,235.71 '2,223.86 C"J en M Notion by Commissioner Galbraith, seconded by Corrrrnissioner Halbert, that Units No.2 and 3 be purchased from the Jimmie Green Chevrolet Company inasmuch as their bid was only $87.87 higher than the low bid submitted by the Bill Bugas Company on the Ford Custom 300 and the Chevrolets can be delivered immediately whereas delivery of the Fords cannot be accomplished in less than 30 days. .;;z~ .er - ~..... Voting Aye: Voting No: :Hayor Harrunond; Commissioners Brown, Galbraith and Halbert. None Motion by Commissioner Brown, seconded by Commissioner Galbraith that Units 1, 4 and 6 be purchased from the Jimmie Green Chevrolet Company on their low bids and Unit No. 5 be purchased from Jack Roach Motor Company in accord- ance with their low bid. Voting Aye: Voting No: }fayor Hammond; Commissioners Brown, Galbraith and Halbert. None In compliance with action taken by the Cormnission on February 24" a tabula- tion of bids received for delivery of one used motor grader for the Street Department was submitted with a recommendation from Street Superintendent A. L. Bearden and the City Manager that the bid submitted by Hi-Way Equip- ment Company for delivery of an Allis Chalmers AD4 used motor grader for the amount of $3,500.00 be accepted. This bid was considered the most advan- tageous to the city even though a bid was submitted by the Nustang Tractor & Equipment Company for delivery of a used Allis Chalmers AD4 motor grader in the amount of $3,250. An inspection of the machine at the Mustang Tractor and Equipment Company by the Street Superintendent revealed that the machine had not been well cared for and showed considerable signs of wear, abuse and neglect. The machine on which the Hi-Way Equipment Company submitted th.eir bid has been in trial use by the Street Department and shows every sign of having been well cared for with no major defects. The machine meets the city's specifications and carries a30-day warranty from date of purchase. IVlotion by Commissioner Galbraith, seconded by Commissioner Halbert that the used Allis Cha]~ers AD4 motor grader be purchased from Hi-Way Equipment Company on their bid of $3,500 based upon personal inspection by Street Supt. A. L. Bearden and recommendation by the City Nanager. V oting Aye: Voting No: JvIayor Harrmond; Commissioners Brown, Galbraith and Halbert. None "".,'-1"---- --:T'. 156 A letter was submitted from }1r. and firs. C. F. Al ton requesting, the City Commission to purchase a specimen tree to replace the memorial Yew tree on the City Hall la"m which has apparently died. It was explained to the Com- mission that the tree was purchased by Mr. & Mrs. Alton 13 years ago and through the West University Garden Club the tree was planted on the City Hall lawn as a memorial to the son of Mr. and I-'lrs. Alton who lost his life in ~Jorld vlar II. Motion by Commissioner Halbert, seconded by Cormnissioner Galbraith that a specimen Japenese Yew tree be purchased to replace the one on the City Hall lawn which has apparently died; the cost not to exceed $125.00. ' Voting .Aye: Voting No: t-1ayor Harmnond; Commissioners Brmm, Galbraith and Halbert. None The City Manager submitted a request to advertise for street materials necessary for the completion of the 1958 street maintenance and rehabili- tation program. It was recommended by the City Ylanager and Street Super- intendent that bids be received for the following items: Item No. I-A Item No. I-B Item No. l-C Item No. 2 Item No. 3-A Item No. 3-B Item No. 4 Item No. 5-A Item No. 5qB Item No. 5-C 950 Tons Grade 3 Limestone Rock Asphalt 300 Tons Grade 9 Limestone Rock Asphalt 70 Tons Grade 4 Pre coated Limestone Rock Asphalt 60,000 Gals. Asphalt Emulsion "Colas" or equal 200 Cu.Yds. 5 sack graveL ready-mix concrete 50 Cu.Yds. 4~ sack gravel ready-mix concrete 800 Cu.Yds. Mud Shell 700 Ft. 121t reinforced concrete pipe 300 Ft. 15" reinforced concrete pipe 100 Ft. 1811 reinforced concrete pipe Hotion by Commissioner Halbert, seconded by Commissioner Davis, that the City Manager be authorized to advertise for street material as recommended by the Street Superintendent; bids to be received until 7:30 P.M., March 24, 1958. Voting Aye: Voting No: Mayor Hammond; Commissioners Brown, Galbra,ith and Halbert. None The City Commission considered in detail a proposed personnel policy which a committee representing City Employees and the Personnel Board had recom- mended for adoption. The Commission did not complete their review of the proposed policies but agreed to continue the study at the next regular session. With no further business to come before the Com~ission at this time, upon motion duly made, seconded and carried, the meeting was adjourned. ATTEST: ti~lace, Texas -'..... " \ ' (---........... ~ ./ . t -\ ~ ',\ ~ ~I ~, ~k'\;tr,';" \Q \., j\M . 01. :y '-'eereta . ~'-',,~....- ; \ L_ T~~='"=~~"'-'::[""T F -'-'--~T-~-~" ---r-" ,_ =::;r -----,--- Jt~i MINUTES OF REGUL..!\.R NEETING J\1ARCH 10, 1958 The City Commission convened in regular session on Monday, March 10, 1958, 7:30 P.M. at 't.1.e City Hl:l.ll, with the following members present: l'1a,yor Hammond, presiding; Commissioners Brown, Davis, Galbraith and Halbert. The City Manager and CivJ Attorney were also present. The Invocation was pronounced by Commissioner Galbraith. 'i:~t. l'~. George Dickerson, Advisor and Mr. Cliff Campbell, newly elected Advisor, ~IT~ Joe Wells and Mr. A~lstrong, Advisor and member, and 26 members of Boy Scout Explorer Post No. 266, were present at the meeting. Mr. Dickerson explained that the members of the Explorer Post had been sUITmlonsed to the City Hall on a simulated emergency call. He explained the purpose of the organization and its activities. ._\ CfJ C) M <t )wr,<;-"" o.J,.." Estimate No.3 from the F & R Construction Company in the amount of $2,490.00 for materials and labor in the construction of the new street department building was considered but approval was postponed for reason that all items had not been completed andi t 1v-as thought that the building project could be comRleted in its entirety and ready for acceptance durlilg the month of March. ~The question of installing additional street lights in accordance with a plan submitted by ~he Houston Lighting & Power Company was discussed. The Mayor appointed Commissioner Ed Davis to advise with the City l~nager and Houston Lighting & Power Company concerning desirability of adding a new street light system on University Blvd., Edloe and Auden Streets as compared to similar lights in other residential areas. The City Attorney was instructed to prepare a resolution giving the City Manager authority to request additional street lights in the residential area when properly applied for by residents. .A letter from Comiskey Insurance Agency advising that insurance on the City Hall expires on March 25th was submitted. The letter stated that Fire, Lightning, :Extended Coverage and Vandalism and Halicious Mischief Coverage was n01rl in effect and the cost for nenewing this policy would be $528.00 for three years. Mr. Comiskey advised that renewal of the policy for Fire, Lightning, Explosion, Riot and Civil Commotion Coverage omitting extended coverage would cost $360.80 for a three year period, or a difference of $168.00. Motion by Commissioner Brown, seconded by Commissioner Davis that the Insurance Policy be renewed to include Fire, LightnL~g, Extended Coverage, Vandalism and Malicious Mischief Coverage, at a premium cost of $528.00 for a period of three years. Voting Aye: Voting No: Mayor Hammondl Commissioners Brown,Davis,Galbraith and ,Halbert. None City Attor.n~y Charles Cockrell stated that he had received a letter from J.A. Kelly dated Y~rch 3rd advising that he would move a metal clad frame building from the twenty foot fire lane at the rear of Lots 16 & 17, Block 2, Evanston .Ad~ition which was constructed a number of years ago without a building permLt. It was the opinion of the City Cow~ission that Mr. Kelly's agreement should be accepted and 90 days granted for removal of the building as requested in his, letter of ~~,rch 3rd. "---"r"'~:~~~"~I"iT~ r""---- O""'''-'j',c.'r..;c=-.==-_--o,.==, ,---- , 1 b.(j }tr. R. C. Meyer, 3223 Sunset appeared before the Commission in the inter.- est of organizing a youth center and requested use of the Community Build- ing for this purpose. Mr. Meyer outlined in detail a plan of organization and stated that limited funds were available to commence activities; how- ever he was of the opinion a youth director should be employed on a semi- permanent basis and the city should expend the required amount of money to adequately air condition the building. After a lengthy discussion by the Commission Hr. Neyer was requested to meet with Nr. Wesley Kueneman Chairman of the Community HOllse Committee to workoD. arrangements for the Community House. Commissioner Brown and City Manager Whitt Johnson were also requested to work with Mr. Kueneman and Mr. Meyer on this progect. A letter was received from West University Masonic Lodge No. 1292 requesting authority to enclose the rear of ~heir property and the air-conditioning tower with a chain-link fence. It was reported that Fire Chief Duffin and Building Inspector Kingman recommended that permission not be granted as the enclosing of this area would also enclose a fire escape which services the second story on the rear of the buil~ing. The City Manager was instructed to advise the West Univer::;ity Hasonic Lodge that their request for enclosing their air-conditioning tower with a chain-link fence had been denied for reasons set forth by Fire Chief Duffin and Building Inspector Kingman. It was also requested that they be informed their air-conditioning tower could be protected by enclosing it with a suitable hardware cloth. The Commissioncontinlled its review of the proposed personnel policies but did not conclude their study because of the late hour. Minutes of the meetings of February 24, and March 3, 1958, were read and approved as corrected. With no further business to come before the Commission at this time, the meeting was recessed. The City Commission convened in recessed session at the City Hall on Tnursday, March 13, 1958, 7:00 P.M. with the following members present: l'1ayor Pro tem Galbraith, Commissioners Brown and Halbert. The City Hcmager was also present. 1"Iayor Hammond, Conrrnissioner Davis and the City Attorney were absent for business reasons. Com~missioner Halbert pronounced the Invocation. In compliance with Notice to Bidders, duly published in the official news- paper of the city, bids received for plants, soil preparation and planting at the sewage disposal plant were opened and results announced as follows: Hans Peterson Nurser-ff Hardison Landscape Company - Suggs Landscape Company - $1160.85 1830.00 1973.25 T CC~~~C"~~C~OKC~~i"""_C- [" .. .-~-=='''TT".-.-rC. "-.,,"'=T==~ r _mmTn'n_C _n,_ Motion by Comraissioner Halbert, seconded by Commissioner BroWl1, that a contract for plants, soil preparation, and planting at the sewage disposal plant be awarded to the Hans Peterson Nursery on their low bid of $1160.85, provided they are willing to enter into a contract covering the project; and that the Ci~ Manager be authori~ed to expedite the completion of the work involved in the contract. Voting Aye: V oting No: IvIayor Pro tem Galbraith, Commissioners Brown and Halbert None Resolution 58-4, as follows, was submitted to the Commission and read in full: WHEREAS, the City of ~Jest University Place, currently, has capital available in the General Fund and ~'later-Sewer Fund which will not be required for operating expenses until later in the present fis- cal year; and ~n1EREAS, it is deemed to be to the best interest of the City that such funds be placed in a time deposit investment in order to earn additional revenue in the form of interest for the operation of the city; and WHEREAS, the pres en t bank balance, the average monthly income and expenditures of these funds, as anticipated until maturity of this investment, will preclude a fund deficit: NOlrI, THEREFORE, BE IT RESOLVED BY 'lliE. CITY CONftIISSION OF THE CITY OF WEST UNlVERSIT'f PUCE, TEXAS, that the City Treasurer is hereby directed to invest funds amolli~ting to: $20,000 from the General Fund for a period of six months; and $20,000 from the Water-Sewer Fiin<;l,for a period of six months. Notion by Commissioner Brown, seconded by Commissioner Halbert, :that Resolution 58-4, directing the City Treasurer to invest funds amounting to $20,0'00' out of the General Fund for a period of ~6 months, and $20,000 out of the 1'Jater-Sewer Fund for a period of 6 months, be passed and approved as read. Voting Aye: Voting No: Nayor Pro tern Galbraith; Commissioners Brown and Halbert None Resolution 58-5, as follows, .-las submitted to the Commission and read in full: ~mEREAS, the City of West University Place, currently, has capital available in the General Fund which will not be required for operatLDg expenses until the next fiscal year; and 1'iHEREAS, it is deemed to be to the best interest of the City that such funds be placed in a time deposit investment in order to earn additional revenue in the form of interest for the operation of the City; and Wh'EREAS, the present bank balance, the average monthly income and expenditures of these funds, as anticipated until maturity of this investment, will preclude a fund deficit: r.."".........--~......c.."..I'i'..- r..~'.... ..~....i...."......',.. ,,,...., ,.or --------:r 160 NOW, THEREFORE, BE IT RESOLVED BY THE CITY Cm'[MISSION OF THE CIT'! OF WEST UNIVERSITY PLACE, 'IE.XAS, that the City Treasurer is hereby directed to invest funds amounting to: $12,000.00 out of the General Fund for a period o~ twelve months. ~his $12,000.00 shall establish a fund to be known as the uSocial Security Fundll and this amount shall be used for purposes of guaranteeing to the Texas State Department of Public ~1ielfare that the City is financially responsible for all contributions and other obligations under the Social Security program entered into between the City and the Texas State Department of Public Welfare. ' 11otion by Commissioner Brown, seconded by Commissioner Halbert, that Reso~ lution 58-5 directing the City Treasurer to invest funds amounting to ~12,000 out o~ the Ge~eral Fund for a period of 12 months, to establish a fund to be known as the "Social Security Fund" be passed and approved as read. Voting Aye: Voting No: Mayor Pro tem Galbraith; Commissioners Brown and Halbert None I;lith no further business to come before the Corn..mission at this time, upon motion duly made, seconded and carrj,ed, the meeting was adjourned. of 'est UniversIty lace, Texas A T'IEST : ~ 'I,ee,."",,, .,e "" ~,' .. "[","- "~=~"'[~"~~=~'~I -. J.\U.A. l"IINUTES OF REGULAR l''lEB'TING ~ 2!~). 1958 The City Commission convened in regular session at the City Hall~ 7:30 P.M, Honday, 1'1arch 24, 1958, with the following members present: Hayor Harrnnond, presiding; Commissioners Brown, Davis~ and Halbert. The City Attorney and City Manager were also present. COlnmissioner Galbraith was absent as he was out of the city. The Invocation was pronounced by Commissioner Davis. '!j In compliance with Notice to Bidders duly published. in the official newspaper of the ci~, bids received for delivery of street materials and a packer type garbage body were opened from the following con~anies with results apJ1ounced: ':;,-.! y!4 -4 STREET r-lATERIAL: ~t:.* .... .-t ~ .k.;s Uvalde Rock Asphalt Company lj-Jright Asphalt Company Houston Shell & Concrete Company W. D. Haden Company' South End Bldg. lViaterials Compan;y- Builders Supply Company Buckeye Concrete Company, Inc. Parker Bros. & Co., Inc. J oJ:>..n Young Company, Ine. Monroe-Ferrell Company Black-Brollier, Inc. PACKER TYPE GARBAGE BODY: Seal-Press, Inc., San Antonio, Texas Ballard Equipment Co., Grand Prairie, Texas Pak-Mor Mfg. Co., San Antonio, Texas South Texas Equipment Co., Houston, Texas Motion by Cow~issioner Halbert, seconded by Commissioner Davis, that bids re- ceived for delivery of Limestone Rock Asphalt, Asphalt Emulsion, Ready-mix concrete, mud shell and reinforced concrete pipe for the Street Department be referred to the City]Y1anager and Street Superintendent for tabulation and reconrrnendation. Voting Aye: Voting No: Nayor Hammond; Conmlissioners Brown, Davis and Halbert None After hearing ]VIr. Ballard, of Ballard Equipment Company, and iVIr. Don DeKemp of Pak-I"lor .r.'Ianufacturing Company, 'tvho presented some information to the City Commission and answered questions regarding their respective products, the following action was taken: Motion by Commissioner Davis, seconded by Commissioner Brown, that bids re- ceived for delivery of a packer t;~rpe garbage body be referred ta t.l-J.e City ~~nager and Garbage Superintendent for tabulation and reconnnendation. Voting Aye: Vot.ing 'No: }:Iayor Rarr-ulland; Commissioners Brown, Davis and Halbert None r~~"'~"" ~.., t,-- "",.-o-.""'.----"'-;"j",.,,. 162 Mr. John Mooney appeared before the City Cow~ission to discuss the credibility of ru.rnors regarding the legal status of certain phases of the Zoning Ordinance. The City Attorney assured Nr. Nooney that the city has been vigorously prose- cuting violations in regard to garage apartments and businesses "lith satisfac- tO~J results ffiId the Mayor informed him that the City Conmission would author- ize legal action when confronted with known violations of the Zoning Ordinance. Est~~~te No. 3 from F & R Construction Company in the amount of $2,241.00 for material and labor involved in construction of the Street Equipment and Storage Building was considered by the City COj~lission, and the following action taken: Motion by Commissioner Brown, seconded by Co~~issioner Halbert, that EstL~ate No.3, in the amount of $2,241 for material and labor involved in construction of the street equipment and storage building be approved for payment. Voting Aye: Voting No: Mayor Hammond; Commissioners Brown, Davis and Halbert. None The City Manager called to the attention of the City' Con~ission the fact that l'viiss Ruth London, Landscape Architect, had found a slight error of omrnission amounting to $40.00 in the bid of the Hans Peterson Nurse~J, which was awarded the contract for furnishing labor, equipment and planting material for land- scaping the sewage disposal plant area, and requested that an a~endment be approved authorizing an additional'expenditure of $40.00. " Notion by Cornmissioner Davis, seconded by Commissioner Halbert, that an amend- ment be approved authorizing an additional expenditure of $40.00 for landscap- ing the sewage disposal plant area, due to a slight error of ~;40.00 in the bid of Hans Peterson Nursery, which was awarded the contract for furnishing labor, equipment and planting material. Voting Aye: Votil'1g No: ~~yor Hammond; Commissioners Brown, Davis and f~lbert. None The City Nana.ger reported to the Cit-y- Commission in a letter concerning the charges at the swimming pool for the past three years, the participation, and the revenue. After some discussion, the following action was taken: Motion by Commissioner Halbert, seconded by Con~issioner Davis, that rates for season tickets a.nd general admission to the swL~ming pool for the coming season be established in accordance with those charged last year. Voting Aye: Voting No: Hay or Hammond; Co:mmissioners Brown, Davis and Halbert. None The IV.layor reviewed the practice of former years of entering into em agreement "lith the nlCA i-lhereby they have offered swimming lessons to children 7 years of age and over, paying teachL~g personnel extra for their services. After he stated tha.t this practice had been successful in the past, and would be desirable for the coming season, the following action was taken: Motion by Corr~issioner Brown, seconded by Comrnissioner Halbert, that an agree- ment be entered into with theTI~CA regardir~ swunming lessons to be given at "'Jest University Swimming Pool this summer. V oting Aye: Voting No: ~1ayor Hammond; Commissioners Brown, Davis and Halbert. None b_~_n T=.~=~=~'-'=::o.-"~='.o.==:=l:~- r-'~~~"":""-~~-~_c'" , _---'.1 JI'.\U'U Answering a ques tion from Commissioner Brown regarding plans for improvement of the swirmlling pool, the City Hanager stated that the scum gutters have been fixed so that there is permanent drainage by direct connection to the storm sewer. Also an awning is to be built on the back side of the wading pool area for shade. Last year exercise bars, bar bells and a new trampoline were added, and a smoking area provided in response to numerous requests. The possibility of providing a slide was discussed, but since the cost would be $500 it was agreed by the City Commission that they would take up this sub- ject again after the season ticket sales are over and it is known what the revenue from them will be. ~ ,0: Minutes of the meeting of the Zoning and Planning Board held March 13,1958, were read, and the following action was taken: "l""'" .<11:.: Notion by Commissioner Halbert, seconded by Com.missioner Davis, that the request of Mr. and Mrs. Don Guthrie, 2618 Sunset Blvd. to replace a small canopy roof over the west outside door of their residence, such roof extending to the side property line, be approved as recommended by the Zoning and Planning Board. . <::'{ ~ Voting Aye: Voting ,No: Mayor Hamnlond; Commissioners Brown, Davis and Halbert. None Resolution 58-6, as follows, was presented to the Commission for consideration and read in full: WHEREAS, the City of West University Place, currently has capital available in the Fire Tnlck Fund which will not be required for operating expenses until the next fiscal year; Arm, WHEREAS, it is deemed to be to the best interest of the city that such funds be placed in a time deposit investment in order to earn additional revenue in the form of interest for the operation of the City; and 'WHERF..AS, the present bank balance, the average monthly income and expen- ditures of this Fund as anticipated until maturity of this investment will preclude a fund deficit; Nm;J, THEREFORE, BE IT RESOLii'ED BY THE CIIT CONHISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, that the City Treasurer is hereby directed to invest funds amounting to $4,000.00 from the Fire Truck Fund, for a period of twelve months. Motion by Commissioner Davis, seconded by COITMissioner Brown, that Resolution 58-6 authoriziD~ the City Treasurer to invest funds amounting to $4,000.00 from the Fire Truck Fund for a period of 12 months be passed and approved as read. Voting Aye: Voting No: Mayor Hammond, Commissioners Brown, Davis and Halbert. None r-:r r . ,- ,-" ----~.~ .., 1 I 1 ti4 A Resolution authorizing installation of street lights at the reouest of re'sidents after certain requirements had been met was presented to the Commission for consideration and read in full. After discussion of the resolu- tion, the City Attorney was instructed to make some changes and present it again at the next meeting. The foliowing action was taken in regard to installation of a light in the 6300 block of Brompton Street: Motion by Commissioner Halbert, seconded by Com~issioner Brown, that the City Manager be authorized to instruct the Houston Lighting & Power Company to install a light on the east side of the 6300 block of Brompton approxi- mately 200 feet south of the intersection of University and Brompton. Voting Aye: Voting No: Hayor Hammond; Commissioners Brown, Davis and Halbert. None The City ~~nageradvised the City Com~ission that a number of applicants for the position of City Engineer had been interviewed and Mr. Dutton Williamson appeared to have the most desirable qualifications and e}~erience record. Motion by Commissioner Br~ln, seconded by Commissioner Halbert that Mr. Dutton Williamson be employed as City Engineer effective March 24, 1958, at a salary of $500.00 per month. Voting Aye: Voting No: Mayor Hammond; C ommis s ioners Brown, Davis and Halbert. None Due to the late hour further consideration of the proposed personnel regula- tions was postponed. The minutes of the meeting of Narch 10 and 13th were read and approved as corrected. With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting was adjourned. ~~L&.' City 0 f 1.rJest U ni vers i ty Place, Texas ATTEST: .kmJ ..........---...., r,z='~c~~n'~ ~~"~~I If --~-"----'-~'--~ ~- 165 rvIIl'JUTES OF PJi.:GULAR NEETING IlPRTT ] bJ J 958 The City Conmlissionconvened in regQlar session at the City Hall, 7=30 P.M. IVlonday, April 14, 1958, 1vi th the follo~dng members present: Haycr Hammond; presiding; Corn..missioners Brmm, Davis, Halbert and Galbraith. The City Attorney and City ~~nager were also present. The Invocation was pronounced by Commissioner Brown. Minutes of the meeting of the Zoning and Planning Board held April 10, 1958, were read and the following action was taken: C<~) 0:; 'l"'''1 Mrs. M. D. Bodkin, 3003 Jarrard, appeared before the Connnission in connecuon with the request she and her husband had presented to the Zoning and Planning Board for permission to demolish a present 2-story garage and replace it with a one-story addition to the house to provide another bedroom and bath which would extend to within approxlinately 10 feet of the rear property line. Mayor Hammond explained that the ordina.."1ce requires a setback of 20, feet from the rear property line for t.he main d"Jelling and after discussion of the matter, requested Mrs. Bodkin to revise the plans in an attempt to conform with the Zoning Ordinance and present them at the next meeting of the City Co~nission for consideration. .;;.;z::f, c~r g:c: The request of Mr. Ed Luckett, 3721 Nottingham, for permission to have his company1s name, Gold Coast Advertising Company, listed in the telephone directory under his residence street address, was referred to the City Attorney for an opinion. The request from Mr. H. R. Houck, Sr., for permission to erect a 46-unit apartment building on Lots 3, 4, 5 & 6, Block 7, Cunningham Terrace and approximately the north 200 feet of Lot 26, Cambridge Pla.ce, a distance of 20 feet from the front property lines on Stella Link, was discussed by the Commission with Nr. H. R. Houck, Jr., and the Architect. The City Hanager was directed by the Mayor to confer with Mr. Houck regarding building re- quirements in the fire zone and the problem of providing adequate off-street parking fa.cilities. TI~e fact was brought out that the sanitary sewer line at this location would not be adequate to serve apartment units as proposed. The City Engineer a.nd vJater Superintendent recommended an 811 line be construc- ted at this location to provide proper sanitary sewer service. Motion by Commissioner Halbert, seconded by Commissioner Davis that a public hearing be called for,:tJla.y 12, 19.58, at 7=30 P.N., to consider amending the city's zoning ordinance to permit a 20 Foot setback from the front property line on Lots 3,4,.5,6, Block 7, C1.mningham Terrace, instead of 30 feet, for the construction of a 46-unit apartment building as requested by Hr. H. R. Houck, and recorr~ended by the Zoning & Planning Board. V ot.ing Aye: Voting No: Hayor I-Iammond; Commissioners Brmm, Davis, Halbert and Galbraith None Concerning the request of Hrs. C. R. Edgar, 3103 University Blvd., for approval to repair an exist,ing room over the ga,rage to make 8. suitable guest room, the City Manager was directed to write to Mrs. Edgar and request that she appear at 16() the next meevlllg of the City Commission to discuss this project, which might constitute a future violation of the zoning ordinance. Consideration '(.Jas given to the application submitted by Attorney Burke Holman, representing the several owners of property fronting Bellaire Blvd., between Academy Street and iflest Point Street, who desire to have it rezoned for business purposes. Since careful study must be given to the effect on adjoining and other fringe property, Mayor Hammond requested the City Attor- ney to submit an op:inion on the legal aspects of the problem, and vJhether rezoning the property as requested would jeopardize the overall zon:ing or- dinance, as recmnmended by the Zoning & Planning Board. Hr. Platt Thompson, 3701 Arbuckle, appeared before the Commission and re- quested the installation of additional STOP signs on Annapolis stating that traffic was turning off Bellair~ Blvd. onto Annapolis to avoid the traffic lights and congestion on that street, also that teen-agers we~e racing on Annapolis and the increased traffic endangered lives of children playing and attempting to cross the street. After reviewing the information pre- sented by Mr. Thompson, it ~vas the op:L"1ion of the City Commission that 4-VJ8,y SIDP signs should be erected on Pemberton and Talbot on a temporary basis and that the Chief of Police and City rmnager review the results of the signs and submit a recommendation to the City Commission for further action. A recommendation was received from the Chief of Police for erection of STOP signs on Mercer Street at Robinhood and Plumb; on Sewanee Street at Robinhood and Plumb; and on Rice Blvd. at the intersection of COllege , Street. After consideration of this recowilllendation, the following action was taken: Motion by Commissioner Halbert, seconded by Comraissioner brown, that SlOP signs be installed on Rice Blvd. at College Street making this intersection a 4-101ay stop;, but that the Chief of Police give a fuller explanation con- cerning the need for the other STOP signs recon~ended. Voting Aye: Voting No: Mayor Ham~lond; Com~issioners Brown,Davis,Galbraith and Halbert NODe Estimai:.eNo. 4 from F & R Construction Company for pa;y-ment of $5,107.50 was presented to the Commission for consideration, the building being ready for accepte,nce, with exception of a few minor iterns, end ~~3,450.20 being retained' as 10% of the original amount of the contract to guarantee completion and also until such time as certificate is obtained stating that all outstandll1g bills and obligations have been satisfied. Notion by Commissioner Brm~n, seconded by Connnissioner Davis that Estimate No.4, from F & R Construction Company in the amount of $5,l07.50, be approved for pay1Uent as recorr~ended by the City Manager and 0treet Superintendent. Voting Aye: Voting No: Hayor Hammond; Comrnissioners Brovm,Davis ,Galbraith and Halbert None Inspection of the building by the ComJllission before final approval was set for ~;Jednesday, April 16, 5:30 P.E. Jl.U6 The Commission considered awarding a contract for construction of a retaining wall at the new Street Department building for street material storage. Hmifever, after discussing the matter it was the decision of the City Commission that the bids received on July 22, 1957, should be rejected ~nd the project readver- tised for bids due to the long lapse of time. Motion by Conooissioner Galbraith, seconded by' Commissioner Halbert that bids received on July 22, 1957, for construction of a reinforced concrete retaining wall for material storage for the Street Department be rejected due to the long lapse of time sjnce these bids~Bre received, and the project be readvertised for bids to be received until 7=30 P.-H., Nay 12, 1958. (.Y;J Voting Aye: Voting No: Mayor Hammond; COTIunissioners Brown,Davis,Galbraith and Halbert. None 0') "r"~1 ~~1: <'.!'t tt;; The City Manager reported to the Commission on the audit of the city's records and accounts recently completed by Everett Green, CPA, for ~~eyear ending December 31, 1957. Motion by CODunissioner Brown, seconded by Com~issioner Halbert, that the audit recently completed by Everett Green, CPA, for the year ending December 31, 1957, be (3,ccepted. V oting Aye: Voting No: Mayor HaMnond; Comrnissioners Brown,Davis,Galbraith and Halbert. None v -Ii' C.orll1Tlissiom~rs Brown and Davis, and City Hanager vJhitt Johnson., liJere appointed as a Corrmittee to reconwend an auditing firm to audit the city's records and accounts for the year ending December 31, 1958. The need for replacement of street name signs was discussed by the City Cow~ission. The City Manager reconunended that porcelain street name signs be purchased, half this year and the balance next year. Motion by Cow~issioner Brown., seconded by Conlmissioner Galbraith that specifi- cations be prepared for porcelain street name signs, and Notice to Bidders be published for bids to be received until 7:30 P.M., May 26th, 1958. Voting Aye: Voting, No: Nayor Hammond; Corrmlissioners Brown, Davis ,Galbraith and Halbert. None Resolution 58-7, as follows, was submitted to the Cow~ission for consideration and read in full: A RESOLUTION CREATING A PROCEDURE TO BE FOLL01rJED n\J D1STALLING ADDITIONAL STREET LIGHTS ~HTHIN TFi.E Lll"InS OF THE CITY OF \j,JEST UNIVERSITY PJ~lI.CE, TEXAS. 'imERFJiS, the City Cormnission of the Gity of lrJest University Place, Texas, periodic2,lly receiv'es requests from various individuals for the ins tal1ation of street lights C),t various points wi thin the City of\flest University Place; and it- See Page 171. l6B 1~~REAS, said City Commission is of the opinion that it is e~~edient and would be to the advantage of said City t.hat a certain procedure be followed in all such requests for the installat.ion of street lights; NO\iJ, THEREFORE, BE IT RESOLiTED BY THE CITY COIJIT1ISSION OF 'r-tIE CITY OF lJ'1EST UNIVERSITY PLACE, 'lW,..AS, 1. That hereafter all Roolications for requests for the installation of any street light shall be in writing and shall be addressed to the City Hanager of said City; such application shall state the location l.Jhere it is desired that the street light be installed and the reason or reasons that a light is needed at such location. 2. That in the event that such application is not ~ign~d by the persons residing on the corners of the street intersection at which the desired installation is to be made, that the City Manager shall be furnished with an agreement in writing from all persons reaiding on the corners of such street intersection agreeing to the location of such street lights at such street intersection. If such installation is requested at some point other than a street intersection the aforesaid agreement in writing shall be signed by the owners or occupants of those lots adjoining the lot on which the light is to be located. 3. That the City Nanager upon receipt of 8...D.y such application shall be, and is hereby, authorized to request the Houston Lighting & Power Company to make the desired installation. Motion by Commissioner Halbert, seconded by Commissioner DaVis, that Resolu- tion 58-7 authorizing the installation of street lights at the request of residents after certain requirements had been met, be passed and approved as read. Voting Aye: Voting No: Hayor Hammond; Commissioners Brown,Davis,Galbraith and Halbert None The City Attorney brought to the attention of the Commission the publication "National Institute of Hunri:.c;ilpal Law Officersll which offers various services such as municipal lavl decisions, ml.micipal ordinance review, issu.ed to members in loose leaf form. This is a municipal law journal which also records muni- cipal. legislation that has been written for cities. The cost is $62.50 per year and for initial membership, a city is supplied with ml1nicipal ordinance book containing illustrative ordinances on all subjects that 1.vould be handled by mun~c ipal law. Notion by Commissioner Galbraith, seconded by CoTflJnissioner Brmm, that the city Durchase a membershiD in National Institute of Municipal Law Officers for the city Attorney at a c~st of $62.50 per year. Voting Aye: Voting No: j\ilayor Ha.mmond; Commissioners Brown,Davis, Galbraith and Ha.lbert None Hayor Ha.mmond presented information and a recommendation from the Board of Hea.J..th concerning use of chick embryo vaccine '\':f11ioh has been recognized to immunize dogs aga.inst rEbies for a minimum of three years. The Board of Health recolJ'lIl1ended that the city's ordinEnce be amended to permit t.he use of chick embryo vaccine in addition to the l-year type vaccine presently used. o Cy~_) CJ:J '1""""" -~{.:-r. ~::;~ l>>f""'-1 'J",/~.,<.,,1 ~ 169 Motion by Conmiissioner Brown, seconded by Cwmissioner Halbert, thatOrdinance No. 255 be ~~ended to permit the use of chick embryo vaccine for immunization of dogs against rabies. V oHng Aye: Voting No: Hayor Harr.mond; Commissioners Brown,Davis,Galbraith and Halbert None Resolution 58-8, as follows, was presented to the Commission for consideration and read in full: v.JHERF..AS, the City of West University Place, currently has capital available in the Insurance Reserve Fund which will not be required for operating expenses until the next fiscal year; AND, 1rJHEREAS, it is deemed to be to the best interest of the City that such funds be placed in a time deposit investment in order to earn additional revenue in the form of interest, for the operation of the City; Al\i'D, WHEREAS, the present bank balance, the average monthly income and expenditures of this Fund as anticipated until maturity of this investment will preclude a fund deficit: NOV.;, TIJ.EREFORE, BE IT RESOLVED BY THE CITY COIvITHSSION OF THE CITY OF WEST UNIVERSITY PLACE, TEY~S, that the City Treasurer is hereby directed to invest funds amounting to $10,000.00 from the Insurance , Reserve Fund, for a period of Twelve months. Motion by Commissioner Davis, seconded by Commissioner Galbraith that Resolu- tion 58-8 authorizing the City Treasurer to invest funds amounting to $10,000.00 from the Insurance Reserve Fund for a period of twelve months be passed and approved as read. Voting Aye: Voting No: Mayor Hannnond; Cor@lissioners Brown,Davis,Galbraith and Halbert None Resolution 58-9, as follows, was presented to the Commission for considera- tion and read ll1 full: ~mERFAS, the City of West University Place, currently has capital available in the Sanitary Sev.Jer Capital Improvement Fund lflhich will not be required for operating expenses until the next fiscal year; .AND, 1rmEREAS, it is deemed to be to the best interest of the, City that such funds be placed in a tire deposit investment in order to e2,rn additional revenue in the form of interest for the operation of the city; A.c~D, ~~1:lEP..E.AS, the pres pn t bank balanee, the average monthly income and expenditures of this Fund as anticipated until maturity of' this investment will preclude a .fund deficit: 1 TO NO\J>I, THEREFORE, BE IT RE;SOLVED BY TBE CITY GOfilhISSION OF THE CITY OF ~1IEST UNIVERSITY PLACE, TEXAS, that the City Treasurer is hereby directed to invest funds amounting to $12,687.37 from the Sanitary Sewer Capital Improvement Fund, for a period of ~Ielve months. Motion by ConJmissioner Davis, seconded by Co~~issioner Halbert, that Resolu- tion 58-9, authorizing the City Treasurer to invest funds amounting to $12,687.37 from the Sanitary Sewer Capital Improvement Fund for a perio.d of twelve months be passed and approved as read. Voting Aye: Voting No: ~fuyor Hammond; Cownissioners Davis, Brovm, Galbraith and Halbert None A tabulation of bids received on March 24, 1958, for delivery of a 20 c.y. garbage and refuse body was submitted ~vith a recommendation by Garbage Sup- erintendent J. if!. Clarke and the City Hanager that the bid submitted by Pak- lYlor :Mfg. Co. of San Antonio in the amount of $3,526.00 be accepted. Notion by Cornmissioner Davis, seconded by Commissioner Galbraith that the", bid. submitted by Pak-Hor Nfg. Co. of San Antonio, in the amount of $3,526.00 for delivery of a 20 c.y. garbage and refuse body be accepted. Voting Aye: Voting No: IVIayor Hammond; Commissioners Davis, Brown, Galbraith and Halbert None A tabulation of bids received on March 24, 1958, for delivery of street materials required for ~he 1958 street improvement program was submitted and the following recomTIlendation made: I-B I-A 950 Tons Grade #3 Rock Asphalt - Uvalde Asphalt Co. $1.33 per Ton , Less 10~ per Ton, 30 days 300 Tons Grade #9 Rock Asphalt - Uvalde Asphalt Co. $1.78 per Ton , ' Less lO~ per Ton, 30 days 70 Tons Grade #4 Precoated Rock Asphalt - Uvalde Asphalt Co. , $2.23 pe~ Ton, less 10~ 60,000 Gallons J\.sphalt Emulsion ltCol9.s" - vJright Asphalt Products Co. $.1064 per gal. 200 Cu.Yds. 5-sack gravel ready mix concrete - South End Building VitI C ."13 0 f_ s. O. -.w ./0 per c.y. 50 Cu.Yds. 4t-sack gravel ready mix concrete - South EngBuilding NtIs. Co. - $13.4Oper c.y. 800 Cu.Yds. Mud Shell - W. D. Haden Co., for $1.70 per c.y. 700 Ft. 12" Reinforced Concrete Pipe - IVlonroe Ferrell Concret,e Pipe Co. $1.30 per Lin,. Ft. 300 Ft. 15ft Reinforced Concrete Pipe - Nonroe Ferrell Concrete Pipe Co. $1.60 per Lin. Ft. 100 Ft. 18" Reinforced Concrete Pi.pe - Honroe Ferrell Concrete Pipe ((.0. $2.10 per Lin. Ft. ~ 1-C 2 .3-A 3-B 4 r:' .\ .? -,n S-B 5-C l'vlotion by Comm. Brown, seconded by Commissioner Galbraith, that the recommen- dation of the City ~~nager and Street Superintendent for the purchase of street materials required for 1958 be accepted. Voting Aye: Voting No: L__ filayor Ha.rnmond; Conmli.ssioners Davis, Brmm,GaIbraith 3,nd Halbert None e Ie"..".... --~~".."'"~~-r':I.. r..~'.."..,....--,',',"',"'......l-- -=r- ~I!.. 5' .l. The City f'Ianager advised the Commission that the InternationalTD14 Tractor is in need of a w2jor mechanical overhaul, and the following action was taken: Motion by Commissioner HaJbert, seconded by Comnlissioner Davis, that the City Manager have the necessar,r repair work done on the International TD14 Tractor and the City Attorney instructed to prepare a Resolution authorizing such -l- . ac "lOn. Voting Aye: Voting No: filayor Hammond; Commissioners Brown, Davis, Galbraith and Halbert None ,~,.; The minutes of the meeting of March 24, 1958, were read and approved as corrected. O\A: 'T"'''''j ':i<t~.~~ ~vith no further business to come before the Conmlission at this time, the meeting was adjourned. ~~:~:r ~"""~ ~ of West University Place, Texas A '!TEST: {~ Motion by CowJuissioner Davis, seconded ify Conm1issioner G~lbraith, authorizing payment of the balance due Mr. Everett Green, CPA fur Audit of the city's records and, accounts for. the year ending Decem,ber 31, 1957, in the B..1llount of $700.00 V oting Aye: Voting No: Mayor Harmnond; Commissioners Brown, Davis, Galbraith and Halbert None r~" - -~~"~""'~I'I r -', '''~~~''~''~l li2 RBGULAR I'lif<~E1'nIjG OF CI'lY COMHISSION APRTL ,.?~~_,_____,_ The City Commission convened in regular sesi'3ion at the City Hall, 7:30 P .lVI. l'1onday, April 28, 1958, 1J.Jith the following members present: Hayor Haxfllnond., presiding; Commissioners Davis, Galbraith and Halbert. The City Attorney and City fiIanager were also present. Commissioner Brown ,vas absent due to being OLJ,t of the city on company business. The Invocation was pronounced by Commissioner Galbraith. Mr. arid. Mrs. C. R. Edgar, 3103 University Blvd., appeared before the COTIMis- sion in compliance with an invitation to discuss their request for permission to make improvements to an existing room over the garage at the above address. Nrs. Edgar stated that improvements were needed on the existing room in order that it might be used. as a guest room. She explained that there were no kitchen facilitie$ in the room over the 15' x 151 garage. Mayor Hammond explained to, Mr. & IvIrs. Edgar that the Zoning Board had reconrrnended approval of the request subject to execution of an affidavit that the room will not be rented nor permanently occupied as regular living quarters and that vJiring be restricted to normal 110 volt circuits; and if they desired to abide by the zoning board's recommendation and execute the affidavit that the room will not be rented nor permanently occupied as regular living quarters, further consideratIon would be givEmtheir request. fiIrs. Edgar stated that she would read the affidavit and consult with her attorney. No action was taken by the COlmnission at this time pending I'1r. (}, Nrs. Edgar I s decision as to execution: of the usual affidavit required by property owners when permits are issued for improvements to an accessory building which could possibly be used in viola- tion of the zoning ordinance. Mr. Robert W. Goff appeared, before the CO~ili1ission on behalf of the Little League baseball organization requesting that a water connection be made near the No.2 ball diamond located at the northwest corner of the school grounds in order to furnish drinking water for the children who play ball on the school grounds. The City Hanager recommended that the 14" main near this lo- cation be tapped and a meter set by the city and the Little League install the necessary line to the desired location and install a water cooler. Mr. Goff stated that he had not received permission from the school authorities for such installation but he vJOuld do so and report back to the City Commission for further considBratioD and action. Resolution No. 58-10, as fol101v:::, directing the investment of funds 1ms sub- mit teet to the Commiss ion and read in full: vniEREAS, the City of West University Place, currently, has capital ava.ilable in the Sanitary Sewer CB,;)ital Improvement Fund, Charter Amendment Reserve Fund, Fire Truck Fund and Trust Agency Fund, which will not be required for operating expenses until the next fiscal year; and, \^HiEREA,S, it is deemed to be to the best interest of the City that such funds be placed in a time deposit Lnvestment in order to earn additional revenue in the forra of interest for the operation of the city; and, 1tJHEm~S, the present bani\: balance, the average monthly jl'1COme a...'1.d 173 expenditures of these funds, as anticipated until maturity of this investment, will preclude a fund deficit: Now, THEREFORE BE IT RESOLVED BY THE CI'IT COiVIHISSION OF THE CITY OF "ldEST UNIVF..RSITY PUCE, TEXAS, that the City Treasurer is hereby directed to invest funds mrrounting to: $3,347.50 from the Sanitary Sewer Capital Improvement }lund, $16,637.86 from Charter Amendment Reserve Fund, and $887.36 from the Fire Truck Fund, for a period of 12 months; and $2,500.00 from the Trust Agency Fund, in the Univer- sity Savings and Loan Association. ' ~~:~~ Motion by Commissioner Galbraith, seconded by Commissioner Halbert, that Resolution No. 58-10 directing the City Treasurer to invest funds amounting to $3,347.86 from the Charter Amendment Reserve Fund, and $887.36 from the Fire Truck Fund, for a period of 12 months; and $2,500.00 from the Trust Agency Fund, in the University Savings and Loan Association, be passed and approved as read. -"'"',-'''"'\ ~f) C:) 'l"'''''i eX' :c:: Voting Aye: Voting No: Mayor Hammond; Commissioners Davis, Galbraith and Halbert. None The Commi ttee appoL~ted by the Cornmission on April 14, 1958, for the purpose of recommending an auditor for the current year ending Dec. 31, 1958, to audit the city's accounts, recommended that the proposal from Everett P. Green, C.P.A., who proposes to wBke an examination of the accounts on the same basis as for the year ended December 31, 1957, be accepted. Motion by Commissioner Davis, seconded by Comraissioner Galbraith that the pro- posal from Everett P. Green, C.P.A., to make an examination of the city's aC'counts for a fee of $1,700.00, being the same basis as far the year 1957, be accepted as recon~ended. Voting Aye: Voting No: Mayor Hammond; Commissioners Davis, Galbraith and Halbert. None A detail list of delinquent taxes prepared by the City Tax Collector was presented to the COTILmission for consideration. After discussing the list with the City Attorney it was recommended that he be given an opportunity to rewiew the list and discuss it with the City ~~nager in order to make the city a proposal to proceed with collection of the delinquent accounts prior to 1956 on personal property and prior to 1953 on real property. Further consideration is to be given the matter by the City Commission after receipt of the city attorney's proposal. Chief of Police H. E. Shipp, recommended that STOP signs be placed on West Poi.nt Street at Case Street OIl the J:.'1.rJ corner, 'and at Byron Street on the SE corner in order to stop southbound traffic at Case Street and northbound traffic at Byron Street. Chief Shipp pointed out that he was recormrrending these STOP signs as a protection to Pedestrians in the m-Jimming pool area as requested on a petition signed by 64 residents in the vicinity. 114 Motion by' Conrr.1issioner Galbraith, seconded by Commissioner Halbert, that STOP signs be placed on West Point Street at Case Street on the Wd con~er to stop southbound traffic and on \!Jest Point Street at Byron on the SE corner to stop northbound traffic, as recorrrrnended by Chief of Police H. E. Shipp. In accordance with the request of the City Commission on April 14, the Chief of Police submitted a fuller explanation concerning the need for STOP signs on Hercer at Robinhood and Plu.mb Streets and on Sewanee at Robinhood and' Plumb Streets as follows: "A year or so ago, complaints 1;'I1ere received that traffic was too fast on Rutgers Street and STOP signs were installed and traffic slowed on Rutgers. Then complairrts came in from Westchester 0treet. A STOP sign was installed and apparently took care of that situation. Now complaints are coming in from Mercer Street. If signs are placed on Mercer Street and not on Sevmnee Street it would only divert the traffic to Sewanee Street and He Houldhave the same problem facing us again. I, therefore, recommend that these signs be erected.tI After discussing the recommenda:!:.ion and the possibility of removing some of the STOP signs at various other locations, the following action was taken: Motion by Commissioner Halbert, seconded by Commissioner Galbraith that the recommendation of Police Chief H. E. Shipp for installation of STOP signs on Mercer Street at Plumb and Robinhood Streets and on Sewanee at Plumb and Robinhood Streets be approved. Voil;,ing Aye: Voting No: Hayor Hammond; Com.missioners DaviS, Galbraith and Halbert None A petition signed by 78 residents of West University Place requesting the Conmlission to pass an ordinance which would prohibit the distribution o~ circulars and other advertising panlphlets within the City of West University Place Has presented to the Commission for consid.eration. After discussing , the request it was suggested by Mayor Hamnlond that the proposition of passing such an ordinance be submitted to the residents of West University Place on the city's ballot at the November, 1958, election. An ordi:r...ance amending ordinance No. 255 to provide for the permissive use , of rabies vaccine of chick-embryo orggin for vaccination of dogs was read and considered by the Commission. It Has agreed that a feH changes in the wording of the ordinance were desirable lliLd therefore no action was taken at this ..... u 1J11e . Resolution 58-11~ as follows, was submitted to the Corrill1ission and read in full: 1;,IHEREAS, the City Commission h<.:w been advised by the City IVIanager that it is imperative that certain repairs be m9.de to the InGernationa.1 TDlh Tractor being used at the City Garbage Disposal site; and 'V{HEREAS, it is necessary that such repair work be done immedi,ately in order that the operations at the garbBge disposal site be carried on, on 8. regul8.r basis, 8,S such operation is necessary to the public health and welfare of the 0ity of VJ-est University Place; arId r~'''"'C''O~~c'~~'~i'''1C'''----'-l~C' ,C '. C, 0 '.1 ,j (;r~ o~:; "Fooi ,~ ~r ~ 175 'lrlliEREAS, it is impossible to determine the exact cost of such repairs until the tracks on such tractor have been removed and it is thereby impossible to draw the necessary specifications as to the repairs needed to be made; and I"[HEREAS, the City. Eanager in vieVJ of the exist ing emergency, has obtained an estimate of the cost of suchcreDairs fronl the Texas Weld- ing & Press Company in the 2~lount of $1,534:90 and an estimate from the Browning-Ferris rviachinery Company in the amount of ~~2 ,822.67; and ~illEREAS, the City Manager has authorized the Texas Welding & Press Comparry to make the necessary repairs t~ said tractor; N01i1, THEREFORE, BE IT RESOLVED BY TIlE CI'lY COHlVIISSION OF THE CITY OF '\.fES T UNIVERSITY PLACE, TEXAS: 1. That the City JY1anager and the l"iayor be and they are hereby empow- ered and authorized to enter into such agreementscwith Texas Welding & Press Company as is n?,cessary to immediately effectuate the comple- tion of repairs to the:Gity's Inten"ational TDl4 Tractor now being used at the Garbage Disposal site. 2. That any actions taken by the City Manager and ~myor heretofore relative to obtaining the necessary repairs to said International TD14 Tractor are in all things ratified and approved. }1otion by Commissioner Galbraith, seconded by Commissione+> Davis, that Resolu- tion 58-11, authorizing theCit,y Nanager and Hayor to enter into agreements With Texas .v,Telding &, Press Company as necessary to repair the city's International TD14 Tractor being used at the garbage disposal site be passed and approved 8S read. Voting Aye: Voting No: Hay or Hammond; Commissioners Davis, Galbraith and Halbert None The City Attorney reported that he had received a call from Attorney John V. irJheat, representing HI's. Ralph C. Redd, who stated that the garage apartment owned by Mrs. RedO., at 2741 Amherst, had now been vacated as requested. The City Commission asked that the Building Inspector check the premises to de- termine that this violation of the zoning ordinance has been stopped. The City Manager advised that the planting and landscaping liJork at the sewage disposal Dlant was 95% cOffiDlete and est,llrlates were now being received for ~ ~. ~ repainting the buildings and tanks, which 1-JOuld be submitted at a later date 'for consideration and action by the Commission. llhe City Hanager called to the Commission I s attention a letter dat.ed July 25, 1956, and signed by Edlv-in 'd. ]\1orris, Hayor, 'Ii/hich was written to Hr. Gregg ~'Jaddill of Phillips, Sheffield, Hopson & Lm-lis, regarding compensation for auditing the city's records for the year 1955 . It was brought out in the letter that the firm had encountered considerable. more work LYl performing the "T-"-"-,'~-~~~r-r"--~~-'-U"-~~~"=~'~"C'I ....... 116 j audit tp..an had been contemplated vJhen an agreement 0* the fee viaS entered into and rv:ayor jyiorris had stated. in his letter that tiff, after endeavoring to balance the matter out this year (1956) without violating good account- ing procedures, you are still behind at the conclusi6n of the second audit, we would like then to discuss with you the possibility of some additional reimbursement to your firm.1I I I i , I According to a revim'J of the minutes and city records, compensation has not been made to the fi~m of Phillips, Sheffield, Hopson 1& Le111is, other than the original amount of $l,hOO per year. After discussing the excellent work done by the auditing firm on the cityts records, it was agreed that fUrther com- pensation should be made to' the firm for reason that la considerable amount of I work was done by the auditors which was created by circumstances which had not been foreseen when a fee agreement was entered i~to. It was unan:i1nously agreed that the civJ should pay the firm of FhillipsJ Sheffield, Hopson & Lei!Jis an additional amount of $75.00 for the year 1955 and an additional ~t225 for the year 1956. 'I j T:"le Chief of Police requested, through the City ]Ylana~er, authority to place into effect a motorcycle patrol stating that Off'icer IFrank \rJalters has Cl,greed , to use his present motorcycle for police patrol for, reimbursement of $50.00 per month plus gasoline, and that it would be necess,ry for the motorcycle to be equipped vJith 2-way radio at the cityts expense. The COIT'J11lission asked that the Chief of Police prepare a letter aXPlaininglthe merits of a motor- cycle patrol and outlining the expenses involved, and further consideration would be given the request at the next meeting. I I p'allan underPTound tank for Dur- o 10 . ... department building on Milton j i i Motion by Corr@issioner Davis, seconded by Commission~r halbert, that the City Hanager be authorized to have installed a 5,000 galldn underground tank for purpose of storing gasoline at the "nei-i Street Departqent building on Hilton Street at a cost of approximately $496.00. j Votipg Aye: Mayor Hamraond; Cor~nissioners Davis, GalJlra~th, and Halbert Voting No: None i Corrnnissioner Davis and City Hanager vlhitt Johnson, ,('Ilho had been aDDointed as a Committee to consider the feasibility of installi..'Ylg additional street lights in the residential area, submitted a report on their Isurvey and recommended that street lights be installed at the fol10111ing in-Wrsections: Belmont a.nd Robir.L.hood, Belmont and Tangley, Belmont and Universi~y Blvd., Nottinghaxll and vJestchester, Robinhood and Nercer, Corondo and Herc81t, 3700 block Albc!.DS at 1Vroxton, Marquette at Community Drive, Amherst and Academy, SVJarthmore and Weslayan. It was recommended that the light at Cororldo and Hercer and in the 3700 block Albans at vJroxton be serviced by an underground connection if available. The Gorrmittee recorrmlended thnt lights of]the same specifications whj.ch presently are in service be installed; 2500 lur}en incandescent lamps mOlmted on suspension brackets at an annual cost of ;~18.00 per lamp; 1>Jith the lights listed for installation at the corne~' of gorondo and Eercer and i'n the 3700 block of AJbans a,t~froxton to cost ~,j-:SO.OO annuall" DeI' lamp. -'. . -. .. - 1 ,) . - I I I Authority was requested to install a 5,000 pose of storing gasoline at the new street Street at a cost of approxin~tely $496.00. (:)~ cr~ 'l"""" "~\':( et :C~ I I I l_ 177 :t1otion by Commissioner Halbert, seconded by Commissioner Galtrai th, that street lights be installed at the locations recommended by Cormdssioner Davis and City Manager ~[hitt Johnson. Voting Aye: Voting No: :Hayor Hammond; Commissioners Galbraith, Davis and Halbert None Proposed personnel regulations which the City Commission had requested the City Manager to revise with particular emphasis on vacation benefits were submitted for further review and consideration. A Committee of city em- ployees composed of Verna Mills, Chairman; C. E. Duffin, W. F. Spencer, H. E. Shipp, and J. W. Clarke,l-.Jhich t..he City Nanager had appointed,_to out- line a suggested personnel policy, had transmitted a letter to the Gity- Manager dated November 13, 1957, submitting recommended regulations upon 'Y>lhich the majority of the COTlll'llittee had agreed after considerable study. On JaJlUary 16, 1958, a letter W2.S received by the City l''lanager from the Chairman of the Personnel Board, Hr. Ed HcCleskey, stating that members of the Person- nel Board had studied the recomrnended policies and they had IIsufficient understanding and acceptance of the policies to recommend them without reSer- vations". After reviewing Section II, Item 5, l'Vacation Benefits", vJhich had been amended by the City Commission during previous consideration, the follow:ing action was taken: Hotion by Commissioner Galbraith, seconded by Commissioner Davis, that the Personnel Regulations covering Section I,ll Appointment & Separationll; Section J..l., "Attendance & Leavell; Section III, "Political Activity"; and 8ection IV," Service Awards, be passed and adopted to beco~e effective May 1, 1958. Voting Aye: Voting No: Mayor Hanmond; Comraissioners Galbraith, Davis and Halbert None riIinutes of the meeting of April 14, 1958, ,".!ere read and approved as corrected. With no further business to come before the COfMrrission at this tTI1e, upon motion duly made, seconded and carried, the meeting ~ifas adjourned. ~ ~~ , yor, City of itJest UniV~, Texas A 'ITEST : , ) ~~i -.J -~-_.-~~- f-="'''=~~~""''~~=-''=''~'~~'~---r'c-'''''''-''"----<='''':''''~'''''''''-'---"""""o-~""'."'~r ~.......!..I,.----- 1 'tB REGULAR IV[~E'I'ING OF CITY COHHISSION HAY 12, ~ ._____ The City Comrnission convened in regular session at the City Hall, Monday, Nay 12, 1958, 7:30 P.H. 1tJith the follm1ing members present: Hay-or Hammond, presiding; Comnissioners Brown, Davis, Halbert and Galbraith. ~~e City l1anager and City Attorney were also present. The Invocation ,.Jas pronounced by Commissioner Halbert. .r-1ayor Hmnlnond announced that a public hear;i,ng had been called for 7=30 P.N. for the purpose of considering amending the city's zoning ordinance to permit a 20 foot setback from the front property line instead of 30 feet on Lots 2, 3,4,5 & 6, Block 7, Cunningham Terrace, as requested by Mr. H. R. Houck, Sr., l..Jho proposes to build a 46 unit apartment building on this connnercially zoned property, and recommended by the Zoning & Planning Board. The Oath was adl'ninistered by J:.1ayor Harmnond to the follovJing named persons who expressed a desire to testify during the hearing: Nessrs. H. R. Houck, .Jr., Edwin H. Robinson, 6712 W. College; and City ManagervJhitt Johnson. The City IVlanager testified in ans,.Jer to questions by the City Attorne;)I" that application had been submitted by ]Vlr. H. H. Houck, Sr., for permission to construct a 46 unit apartment building on Lots 2,6, ac:listance,~of 20 feet from the frontprbperty cline and this \<']as recoIT1'Tlended for approval by the Zoning &: Planning Board. 'The City rvIanager also testified that a notice of the hear- ing scheduled for 7:30 P.M., f~y 12, 1958, had been published in the official i newspaper of the city and a notice had been mailed to all owners of property 1-Jithin a 200 Ft. radius. In his opinion all requirements had been complied 'with in order to hold a public hearir~. Hr. H. R. Houck, Jr., explained they proposed to build a 46 unit apartment project on the commercial property located in the 6700 block on the east side of Stella Link Road and liJere asking for permission to set back only 20 Feet instead of 30 Feet. Hr. Houck stated they proposed to erect 32 one-bedroom Ullits and 14 two-bedroom units l<Jith the premises to be landscaped and to have a swL~ming pool. One carport was proposed for each apartment unit and off- street parking facilities in front of the project to acconmlodate 15 automobiles was also proposed. Nr. EchoJm H. Robinson, 6712W. College Street, stated that he represented a group of residents in the area who were opposed to any change in the zoning ordinance. Hr. R. P. RicHey, 3911 Ruskin,' asked the question as to vJhy the zoning board originally set up a 30 foot setback requirement for commercial property and it was explained that this was to provide off-street parking space for custonrers; however, on the proposed apartment project 46 carport9 Here provided as vilell as the off-street space along the front of the property. Messrs. L. A. Dawson, 3903 Ruskin; and Jorlll Langston, 3928 Ruskin, also asked quest.ions regarding off-street parking and drainage. t__ r~~CC~"~~'C'~~C'~~T::r"-'-r'~-"~~~'--"'~-~'-~""~r~. _, :.=r 1'19 HI's. Carnes, 6732 Stella Link, stated that in her oplnlon the additional 10Ft. added to the front of ~le building would provide additional space at the rear of the project and it would not have to be built directly on the rear property line. With no further questioning desired, the following action was taken: Notion by Commissioner Galbraith, seconded b;l Cornmissioner Davis, that the hearing called for the purpose of considering an amend.;'TIent to the Zoning Ordin- ance to peTIlit construction of a 46 unit apartment building on the corrmercial property located on the east side of the 6700 block Stella Lind Road, 'i~ith a r,Y;) setback of 20 Feet from the front property lines as requested by lVIr. H. R. ~ Houck, Sr., be closed. ~ ;<~l Voting Aye: Voting No: Hayor HB.!'JJTLond; Commissionerq Br01tm, Davis, Halbert and Galbraith None ,....-{' ~~ ~ ;~t Notion by CO~;1ffiissioner Halbert, seconded by Commissioner Galbraith, that Ordin- anceNo. Ill, be amepded to permit construction of a 46 unit apartment project a distance of 20' from the front property lines of Lots 2,3,4,5, & 6, Block 7, Cunningham Terrace, as requested by Mr. H. R. Houck J Sr. V oting Aye: Voting No: Mayor Hammond; CO~'TIissioners Brown, DaviS, Halbert and Galbraith None In compliance with Notice to Bidders duly published in the official newspaper of the city, bids received for construction of a reinforced concrete retaining wall at the city's equipment storage building, were opened and results announced as follows: W. M. CorDoration ~~. E. itJ orthen ~uss Mitchell, Inc. Riclunond Road & Eng. Co. Inland Contractors Donald Pung J. E. Skeen F & R Construction Co. :$ 5-,958.30 6,327.00 6,339.50 6,357.00 6,403.60 6,757.00 12,258.00 5,200.00 Mr. Lamonte, of F & R Construction Company explained that a mistake had been made in preparation of his bid, and he had erroneously entered the wror~ unit prices, however, he had listed a total amou:r:t of $5,200.00 in the bid proposal and stated thflt he 1'11ould agree to do the 1iJQrk for that amount. JvIotion by Cor;unissioner Brmm, seconded by Commissioner Galbraith, that bids received be referred to the City IvIanager and Street Superintendent A. L. Bearden for tabulation and recommendation and to the City Attorney for an opinion re- garding the legality of the bid submitted by the F &r:: R Construction Company. Voting Ay'e: Voting No: Havor Harmnondj Commissioners Brown, Davis, Halbert and Galbraith No~e 180 P~lthority was requested to advertise for 400 feet of 2t inch fire hose, 200 feet of l~ inch fire hose, one Scott Air Pack, one Cooper Hose Jacket, lli1d one Deluge Nozzle, for the Fire Department. Notion by Commissioner Brmm, seconded by Commissioner Halbert, that the City f~nager be authorized to advert~se for bids to be received until 7:30 P.M., June 9, 1958, for 400 feet of 2~ inch fire hose, 200 feet of I! inch fire hose, one Scott Air Pack, one Cooper Hose Jacket, and One Deluge Nozzle, as provided for in the 1958 budget. Voting Aye: Voting No: Mayor Harrmlond; Com~issioners Brown,Davis,Galbraith and Halbert None Minutes of the Zoning & Planning ~oard meeting held on May 8, 1958, were pre- se.,'1ted for consideration and reviewed by the Conrrnission. There was no action required by the Conmlission at this time. Ordinance No. 737, captioned as follows, was submitted to ~he CODwission and read in full: AN ORDTIJANCE AMENDING ORDINANCE NO. 255 OF TIlE CITY OF l-JEST UNIVERSIT'I PlACE, TEXAS, TO PROVIDE FOR 'l'HE PERNISSIVE USE OF RABIES VACCINE OF CHICK":'EHBKiO ORIGIN AND F.ECOGNIZING THE EFFECTIV'ENESS OF SUCH VACCHlE FOR A PERIOD OF THREE YEARS FOLLOirJING F..J\.CH SUCH VACCINATION; A1\JD PROVIDING AN EFFECTIVE DATE. l'1otion by Corrrrnissioner Galbraith, seconded by Commissioner Davis, that Ordin- ance No. 737, amending Ordinance No. 255, permitting use of rabies vaccine of chick-embr-yo origin and recognizing the effectiveness of such vaccine for a period of three years, be passed and approved as read. Voting Aye: Voting No: Mayor Hmamond; Commissioners Brown,Davis,Galbraith and Halbert None In compliance with the. Cowmission1s instructions earlier in the meeting, the City Attorney, City Hanager and Street Superintendent submitted their opinion and recommendation in regard to the bids received for construction of the re- iD~orced concrete retaining wall for storage of street department materials. The City Attorney explained that it was his opini.on the bid submitted by Ii' & R Construction Company was not prepared in accorda,nce vd th Itlnstructions to Bidder-sll. It was recommended by the City i'vlanager in view of the City Attorn~Jj s opinion that the bid of W~~ Corporation in theffinoID1t of $5,958.30, for con- struction of the concrete retaining wall be accepted. xllotion by Commissioner Galbraith, seconded by Commissioner Brmvn, that the bid submitted by' v.J-H Corporation in the amount of ~~5,958.30, for construction of OJ. reinforced concrete retainhlg ,..Jall for stora,ge of street department material storage, be accepted as recormnended by the City Manager. Voting .A:y-e: Voting l'Jo: Hay-or Hammond; Commissio;ners Brown,Davj,s,Galbraith andfialbert None L__ '1~"'"'~"" 'o' "~~~'~~'T::r-' ['" ,~'''''C~~~',~,,, "'1 ------.:J ----T----- C'I"J ('if". ""..... ,j ~1lV"1 :~=-! ,-e::t ~ A.U,lL The City Hanager requested authority to advertise for a ne", insecticide machine for use by the Health Department to carry out the sanitation program. He explained that this item had been provided for in the 1958 budget. Notion by Comrnissioner Davis, seconded by Cormnissioner Halbert., that the City lVIanager be authbl'ized to advertise for bids to be received until June 9, 1958, 7:30 P.M., for delivery. of a new blower or fog type insecticide machine. Voting Aye: Voting No: Mayor Hammond; COlilinissioners Brown,Davis,Galbraith and Halbert None In accordance with action taken by the City Conrraission on April 28, 1958, with reference to consideration of collection of delinquent tax accounts, City Attorney Cockrell stated that the amounts in a number of instances were negli- gible and in his opinion a nmnber of them could possibly be collected by letter. However, it was determined advisable for the City Tax Assessor-Collector to write to the County Tax Collector and the Houston Independent School District advising them of the city's desire to joLT). in any action taken on their part to collect taxes from those which are included on the city's delinquent list. The City Attorney was authorized to proceed with whatever action he deemed advisable to collect certain delinquent accounts. The City Attorney presented his opinion concerning the request of fllr. Ed Luckett, 3721 Nottingham, for permission to have his company's name, Gold Coast Adver- tising Company, listed in the telephone director,y under his residence street address stating that such request was not a 210ning matter, and not something that should be approved or denied by the Zoning Board. Minutes of the meeting of April 28, 1958, were read and approved as corrected. With no fU.rther business to come before the Co@rrission at this tlirre, upon motion duly made, seconded and carried, the meeting was adjourned. ~~~~fJ:>>'-~ ".ayor, City of ~'est nivers.:.ty Place, Texas ATTEST: r- ~="~~.=O~l '-,' _-,~C~~~. '1 ,Im'-'------- ,_m T' L ~,", REGULAR NEETIJlJG OF CITY COtvIHISS ION MAY 2.6, 1958 The Cit,y Co,rnmission. convened in regular session at the Cit~y Hall, Honday, Hay 26, 1958, 7 :30 P.M., vlith the following members present: Playor Hammond, presiding; Comrnissioners Brown, Galbraith and Halbert. TDe City Manager and City Attorney vlere also present. Commissioner Davis 1'18.S absent as he was out of the city attending the 50th wedding anniversary of his Nother and Father. The Invocation was pronounced by Com~issioner Brown. In compliance with Notice to Bidders duly published in the official newspaper of the city, bids received for delivery of approximately 1500 street na~e signs were opened and results announced as follows: L & M Company, Inc. AlUIninum plate and baked enamel II It "porcelain II Baked enamel Porcelain enamel on steel $ .86 1.27 1.02 1.21 ea. It II Sargent & Sowell, Inc. Big State Company It Motion by CO~tiaissioner Halbert, seconded by Comrnissioner Galbraith, that bids received for delivery of approximately 1500 street name signs be referred to the City Manager for study and recom~endation. Voting Aye: Voting No: rilayor Hammond; Commissioners Brown, Galbraith and Halbert. None An agreement for lease of the swumning pool concession to Mr. J. R. Howard, was submitted to the Commission for consideration. Hotion by Commissioner Broli'm, seconded by Co~unissioner Halbert, that the conces- sion at the sv,]ulllning pool be leased to Nr. J. R. EoliJard and that the Hayor be authorized to execute the agreement as presented on behalf of the city. Voting Aye: Voting No: Mayor Hmnmond; Commissioners Brown, Galbraith and Halbert. None Hayor Hammond advised that he had contacted Ivlessrs. Ed Arnold, O. C. King, Chas. !;JaIl, and David G. '\.1Jynne, and all indicated their Hil1ingness and desire to serve on the Board of Equalization. Hotion by Conlillissioner Gal'9r'aith, seconded by' C~mmlissioner Brm-m, that.Hrssrs. Ed Amold.'j : O. C . ,King, and Ghas. \ivall be appointed to serve as a Board of Equali- zation for the 1958, and that lvlr. David G. Wynne be names as an alternate member and eligible to serve in the absence of any of the other members; IVlr. Ed Arnold to be desigr~ted as Chairman. Vo-tin.g .Aye: Voting No: Hayor Harmnond; Commissioners Brown, Galbraith and Halbert. None The City Manager advised the Commission that the city purchased a l'lodel lVIHD- 72-55-K Seaman Pulvi-Nixer on pneLl1.llatic tired '\-Jheels, powered vJith a Nodel 6HZAU Haukesha Engine on July 29, 19h9, for the amount of :{p3,637. He explained 1:,118,T, the machi.ne had been used to a decided advantB.€:;e during the tirre Hhen the dtY'\-1as stabilizing shell and sand 'flith em asphalt mixtu.re, but. that the process r"~""'~~~"1 [" ~1 ,r JL. '-J 'i4 has beendiseontinued as sand and cement stabilized shell and also an asphaltic shell eoulp. be purchased cheaper than it can be maxed with city equipment. He, therefore, recommended that arrangements be made to dispose of the Pulvi-Hixer ,'lhich is nOH stored in the Street Department equipment building. Hotion by Commissioner Halbert, seconded by Commissioner Brmm, that the Seaman Pulvi-lVIixer be disposed of by advertising for public sale since the city has no further use for this machine. (,Y:) V oting Aye: VotirlO' No: to.> Havor .Ha,mmond; CCTrl'l1issioners Brmm, Galbraith and Halbert. No;e rt".,,\ "-'''' The Commission was also advised that the 1946 F'ord Pickup truck, Notor No. 699C-1225099, purchased on June 12, 1954, for the amount of $250, for use in connection 10Jith the ei ty' s fogging program, is in inoperable condition and it was not considered advisab~e to expend money to place it in operating condi- tion; therefore, the City Nanager recomnlended that this vehicle, which has no further use, be disposed of. 'F'9 H".::f' /Joor"l \>.... Notion by Commissioner tialbert, seconded by Commissioner Brmom, that the 1946 Ford Pickup, Motor No. 699C-1225099, be disposed of by advertising for public sale as recommended. V oting Aye: Voting No: I'1ayor Ha.rrU"llond; Commissioners Brmm, Galbraith and Halbert None The City l'vIan.ager submi t.ted the following list of accounts receivable which are considered delinquent and explained that a diligent effort had been made to collect each of them without results: Zack Graham - For mowing of vacant property, 1956-57 Houck Realty Co. _ II II It 11 1957 Hunters' Creek Village - Incarceration of prisoner W. H. Krenzler - For mowing of vacant property, 1956-57 Edw. L. Nitchell - Rent & storm se1riler extension :$ 90.00 100.00 3.50 25.00 3,342.93 After reviewing the list of accounts, the following action was taken: Motion by Commissioner Galbraith, seconded by ConL~issioner Brown, that all of the delinquent accounts receivable be turned over to the City Attorney for collection with exception of tile charge to Hunters' Creek Village which appears to be an erroneou.s charge for incarcerating a prisoner who was not that towns responsibility; and that the amount of $3.50 be charged off of the cityls books. Voting Voting Aye: No: Hayor Hammond; Commissioners Brown, Galbraith and Halbert None City Attorney Charles Cockrell, st.ated that he had contacted the legal depart- ment of the City of Houston relati va to an ordinance 1jvhich the City Council of the City of Houston proposes to pass to eliminate traffic hazards at inter- sections caused by excessive grmvth of trees, shrubbery, etc., and after the 1.0":]: ordinance is passed and a copy received, he would prepare a s~uilar one for consideration by the/West University City Com~lission. Hi.nutes of the Zoning and Planni.ng Board I s meeting on 11'1a)" 17, 1958, 'Here submitted to the Commission for consideration. It was the decision of the City' Commission that Mr. Ellis Williams and his son should endeavor to con- struct a carport on the rear of the property in question instead of increas- ing the building, and the City JVIanager to advise the Building Inspector to discuss this matter with Nr. ~{i,lliams and advise him of this decision. The Hayor stated that bids were to be received June 9 for delivery of a dusting or 'fogging machine for the Health Department to use in its insecticide program and requested that bidders be invited to demonstrate their machines for inspection by the City Cornrnission and Board of Health. Minutes of the meeting of May 12, 1958, were read and approved as corrected. With no further business to come before the Comrnission at this ~lme, upon motion duly made, seconded and carried, the meeting was adjourned. ATTEST: r~"""~'C'~~O~"~ """''''1''1-- r"'-'-'" ,,,,,,,'~-,"~-'''' "'-~I-'''' f cr'j (J~ "I'c-f y~~:( ~:r ::e; ..ll.U<l!J1. REGULAR Iv1EETING OF CITY COlVIMISSIDN JUNE 9, 1958 The Cit;r Commission convened in regular session at the City Hall, 7:30 P .!>'I. Iv1onday, June 9, 1958, with the following members present: lVIayor Hammond, presiding; Corrrrnissioners Brown, Davis and Galbraith. The City Attorney and Acting City Secretary, W. F. Spencer were also present. Commissioner Halbert was absent due to business reasons and the City Manager was absent as he was out of the city on vacation. The Invocation was pronounced by Commissioner Davis. In compliance with Notice to Bidders duly published in the official newspaper of the city, bids received for fire hose and equipment were opened and results announced as follows: Bi-Lateral American Eureka Fire Item F;1"A Hn~", r.n 1 LaFrance Co. Hose Co. 400' - 2tn Hose $ 596.00 $ 748.00 $ 760.00 200' - 12''' Hose 200.00 266.00 260.00 Alt. Bid. 400' _ 21..ll Hose 596.00 660.00 760.00 200' _ 1;" Hose 200.00 228.00 260.00 1 Scott Air Pack 230.50 217.00 No bid 1 Cooper Hose Jacket '75.00 66.50 70.00 1 Deluge Nozzle 338.25 309.00 360.00 Notion by Commissioner Galbraith, seconded by Commissioner Brown, that bids received for delive~J of 400 feet of 2! inch fire hose, 200 feet of It inch fire hose, 1 Scott Air Pack, l cooper hose jacket, and 1 Deluge nozzle, be referred to the City .lV1anager and Fire Chief for tabulation and recorrrrnendation. Voting Aye: Voting No: Mayor Hammond; Corrrrnissioners Brown, Davis and Galbraith. None Bids received for delivery of a dusting or fogging machine to be used by the Health Department in connection with the city's insect control program were opened and results announced as follows: Curtis Automotive Devices, Inc. Dyna-Fog Sr. $ 1,305.00 1,846.00 1,295.00 2,295.00 Todd Shipyards Corporation TIFA TODD Superior Chemical Company Dyna-Fog Sr. Buffalo Turbine Public Health Equip. & Supply Co. r'~~'=rr. if ~,"~_~~~~'~"~.o,. 1 ,LOU Notion by Commissioner Davis, seconded by Commissioner Galbraith, that bids received for delivery of a dusting or fogging machine be referred to the City Manager and Board of Health for tabulation and recommendation. Voting Aye: Voting No: Hayor Hammond; Commissioners Brown, Davis and Galbraith None In accordance with instructions" of the City Commission on Nay 26th, a tabulation of bids received for delivery of approximately 1500 street name sign plates was submitted with a recommendation that the bid received from L & 1'1 Company, Inc. on their unit bid price of $1.27 each for a porcelain enamel sign on aluminum plate with a 10 year guarantee against fading or spalling which is considered more economical to the city than the baked enamel sign on aluminum plate at l~86 each with only a three year guarantee. I"lotion by Commissioner Brown, seconded by Com.missioner Davis, that street name plates be purchased from the L & 1'1 Company, Inc., on their bid of $1.27 each for porcelain enamel on alumiqum with a ten year guarantee as recommended by the City }lanager and Street SUPerintendent. Voting Aye: Voting No: , ' , ' Mayor Hammond; Commis~ioners Brown, Davis and Galbraith None Resolution 58-12 as follows, was s~bmitted to the Commission for considera- tion and read in full: WHERE1\S, the City of West ,University Place, currently, has capital available in the Sm itary Sewer Capital Improvement Fund and Street Improvement Bond-1948 Fund, which will not be required for operating expenses until the next fiscal year; AND, vJHEREAS, it is deemed to be to the best interest of the City that such funds be placed in a time deposit investment in order to earn additional revenue in the form of interest for the operation of the City; AND, WHEREAS, the present bank balance, the average monthly income and expenditures of these funds, as anticipated until maturity of this investment, will preclude a fund deficit: "- NOW THEREFORE, BE IT RESOLVED BY THE CITY COlvITJiISSION OF THE CITY OF vJEST UNIVERSITY PlACE, TE.,'{AS, THAT the City Treasurer is hereby directed to invest funds amounting to: $5,613.50 from the Sanitary SevIer Capital Improvement Fund for 12 months; $28,923.20 from the Street Improvement Bond-1948'Fund for 12 months. Motion by Commissioner Davis, seconded by Commissioner Brown, that Resolu- tion 58-12 directing the City Treasurer to invest funds amounting to $5,613.50 from the Sanitary Sewer Capital Improvement Fund and $28,923.20: from the Street Improvement Bond, 1948 Fund, for a period of 12 months, be passed and approved as read. .LV . Voting Aye: Nayor Hammond; Commissioners Brown, Davis and Galbraith Voting No: None Ordinance No. 738, captioned as follows, was presented and read in full: ''''~~,:'f AN ORDINANCE FINDING MID DE'ffiillUNING THAT EACH AND ALL OF THE PROCEEDINGS HAVE BEEN HAD AND ALL THINGS DONE PREREQUISITE TO THE HOLDING OF A PUBLIC HEARING TO CONSIDER THE .ANE~IDING OF ZONIN~ ORDINANCE NO. 111 OF THE CIIT OF \tJEST UNIVERSITY PLACE, TEXAS, SO AS TO PERHIT THE CONSTRUCTION OF AN APARTHENT BUIlDING 0 ON LOTS 3, 4, 5 and 6, BLOCK 7, CUNNINGHAlvI 'ffiRRACE AND THE NORTH 200 FEET OF LOT 26, CAMBRIDGE PLACE, A DISTANCE OF 20 FEET FROM THE FRONT PROPERTY LINE ON STELLA LINK ROAD; FINDING 'iliA T A PUBLIC HEARING FOR THE PURPOSE OF CONSIDERING AN A~'IENDl'1ENT TO~ ORDINANCE NO. 111 HAS BEEN DULY AND LEGALLY HELD; APPROVING AND ADOPTING THE REPORT ANDRECOV1NENDA TION OF THE ZONING AND PLANNING BOARD~ THAT ORDINANCE NO. ill BE Al'1ENDED SO AS 'IO PERJYIIT THE ERECTION OF SAID APJI,RTI"lENT BUILDING A DISTANCE OF 20 FEET FROM THE FRONT PROPERTY LINE ON STELLA LINK ROAD; FINDING 'IRA T ORDINANCE NO. 111 OF THE CITY OF 1,'ffiST UNIVERSITY PlACE SHOULD BE AMENDED SO AS TO lERMIT SUCH CONSTRUCTION; AND ,PROVIDING AN EFFECTIVE DATE. ' C'r::J ()':) 'I,-j <t ~~1 ~ Motion by Commissioner Galbraith, seconded by Commissioner Brown, that Ordinance No. 738, amending Ordinance No. 111, to permit construction of an apartment building a minimum distance of 20 Ft. from the front property line on Stella Link Road, of Lots 3,4,5,and 6, Cunningham Terrace, be passed and approved as read. Voting Aye: Voting No: Hayor Hammond; Commissioners Brown, Davis and Galbraith None The Commission discussed a recommendation from the City fiIanager that the State Fire Insurance Commission be given an opportunity to review the plans and speci- fications for construction of the 46 unit apartment building before a permit is issued in order to eliminate any possibility of jeopardizing the city's good fire insurance record and key rate. Commissioner Brown was appointed to study the plans and specifications when presented to the city to determine whether or not all State Fire Insurance Commission regulations and the city's building code and fire zone regula:tions are complied with. f.'h-. Edward L. Hi tchell, President of the .sparkle Car 1rJash, appeared before the Commission and requested an extension of time until July 1, 1958, for payment of his delinquent account forrent due on the property owned by the city in the 4200 block of Bellaire Blvd. Mr. Mitchell explained that he had made applica- tion for a loan in order to payoff his present indebtedness and to place him- self on a current basis. The City Attorney reported that Hr. J. A. Kelly, has now removed the building which was erected in the area beyond 160' west of Kirby Drive at Albctlls in violation of the city's zoning ordinance., J.88 The Commission was advised that a number of calls were being received regarding use of the swimming pool by former residents. The rules governing use of the swimming pool were reviewed and it was the decision of the Commission that they not be changed at this time, and that Rule No.1, which states lithe use of thy swimming pool and its facilities shall be restricted to bona ~ide resi- dents of the City of ~vest University Place, Texas, and their guestsll, be ad- herred to. W. F. Spencer, City Treasurer ,advised the Commission that the used cash register which was purchased by the city in May, 1949, for the sum of $711.46 and used each season at the swimming pool is not in working condition this year and is in need of an overhaul and repairs, which would amount to approximately $180.00. The National Cash Register Company of~ered to purchase the machine from the city,for $238.40. It was Hr. Spencer's recommendation that the city sell the yash register and use a cash drawer at the swimming pool which would serve the same purpose. Motion by Commissioner Galbraith, seconded by Commissioner Brown, that the cash register which has been used at the swmmming pool be advertised for sale inas- much as it does not appear to the best advantage of the city to expend approxi- mately $180.00 for repairs to the machine which is over 10 years Old, bids to be received until 7:30 P.M., Mon~y, July 14, 1958. Voting Aye: Voting No: Mayor Hammond; Commissioners Brmm, Davis and Galbraith None A letter from the City Nanager advised the Commission that a statement had been received from the Hans Peterson Nursery in the amount of $1,360.35 for the planting of trees and shrubs at the Disposal Plant in accordance with a contract dated }ilarch 28, 1958. It was the City Nanager's recommendation that a partial payment of $750 be made on this account as a number of the plants and shrubs have died and should be replaced in accordance with the contract agrEement. Motion by Commissioner Brown, seconded by Conwissioner Galbraith, that a partial payment in the amount of $750 be made to the Hans Peterson Nursery with the balance to be paid as soon as the dead plants and shrubs have been replaced. " " Voting Aye: Voting No: Mayor Hammond; Commissioners Brown, Davis a...nd Galbraith None Minutes of the meeting of May 26, 1958, were read and approved as corrected. With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting was adjourned. ace, ATTEST: i J C:=-. "'..'--'..~F"..CC~'o:~..~,..'.,......~~~~......'"=......---r'~'....'......:".."..,....,....,..,....,.., __m--..-..:..l.-- - 189 :REGULAR HEETll'm OF CITY COMIV[ISSION JUNE 23, 1958 The City Commission convened in regular session at the City Hall, 7:30 P.M., Ivlonday, June 23, 1958, with the following members present: Hay-or Hammond, presiding; Commissioners Brown, Davis a.nd Halbert. The Assistant City Attor- ney, Frank Cope, and Vi. F. Spencer, acting as City Secretary were also present. Commissioner Galbraith was out of the city due to a death in his family and the City Manager and City Attorney were out of the ci 'bJ on vaca- tion. The Invocation was pronounced by Mayor Harr~ond. M OJ 'l"""i <t <t ::c Mr. J. Carl Logan, 3211 Pittsburg, appeared before the Commission protesting the Zoning Board's action taken On June 12, recon~ending denial of his re- quest to construct an 11 x 16 foot addi~ion to the front of his house which would extend to within 17 feet of the front lot line. ~or Hammond asked that he be disqualified from ~ction on this matter as he had a,n interest in it financially since Mr. Logan was a next door neighbor and any improvements made on the property at 3211 Pittsburg would either en- hance or reduce the value of h~s property, according to action taken. Com- missioner navis took the chair and presided upon request of l1ayor Hammond. I'1r. Logan explained that the house was originally a garage apartment built early in the 1920's on the west 5Oxl00 feet of Lot 6, Block 31, WestUniver- sity Place 1st Addition and ftonted~6n Buffalo' Speedway. ,Since that time several additions have ,been made to the original structure and when he pur....! chased the house and only, the west 50 x 100 feet of the lot the house fronted on Pittsburg Street. Mr. Logan stated that the house was very badly in need of repair and alterations in order to make it a more desirable residence from the standpoint of livability and also appearance. After considerable discussion~ the following action was taken: l'iIotion by Commissioner Halbert, seconded by Commissioner Brown, that no action be taken a:t this time on Ylr. J. Carl Logan's reques t pending a personal in- spection of the premises by members of the Commission and further considera- tion. Voting Aye: Voting No: l'Iayor Hammond; Commissioners Brown, Davis and Halbert None At this time Conrrnissioner Davis asked I"layor Hanrrnond to resume the chair and preside. lvIayor Hammond stated that he had invited E. E. Townes, Jr., Paving Attorney for the city to meet with the Cormnission in order to answer several questions regarding expenditure of bond funds for improvement of streets other: than those specified at the time of the bond election. Hr. Townes explained that the Bond Ordinance did not specify any certain streets and the unexpended funds could be used for any permanent street improvements. I A 9..J.~. It was explained by Hayor Hammond that the City of Houston was considering improvements on paving Kirby Drive and that vlest University would probably' be called upon to enter into proceedings since the street abuts property to the west in West University Place. Mayor Hammond asked if funds could be expended for this purpose and Mr. TO'frInes answered affirmatively. Asked by Mayor Hammond if bond runds could be expended for tne purpose of improving some of the streets by scarifying and lowering the grade and paving with asphalt and with or TrIi thout construction of curbs and gutters, Attorney Townes stated that he had rather not answer the question directly without further study of the matter; however, he did state that his first opinion would be that this type of improvement may not be considered permanent, therefore, bond funds could not be used. Mr. Townes also stated that prop- erty owners would not have to participate in the cost of street improvements in order for bond funds to be used. Minutes of the Zoning & Planning Board meeting of June 12, 1958, regarding the requests of IVlr. 1rJ'. \Pl. ,Kendrick, 3134 Amherst for garage living quarters, and the request of property owners in the 4100 block of Bellah-e Blvd. for re?,oning to permit commercial establishments, were read to the Commission, however no action was required at this time. A letter from Mr. Gerard Isken, Agent of the Land Acquisition Division of the City of Houston, requesting West University Place to dedicate a 60 x 130 foot strip of land located near Brays Bayou in the 4200 block was presented for consideration. This strip of land lies within the proposed right-of-way alignment for the extension of North BraeswClod Blvd. from Stella Link Road to Post Oak Road. A. L. Bearden, Street Superintendent told the Commission that this portion of land was on the city's outfall ditch from the Academy Street Storm Sewer and at the location of the proposed crossing, the ditch was 40 feet wide and 20 feet deep, and it was his recommendation that a clear span be constructed across the ditch to avoid a bottleneck for storm waters. It was the Commission's opinion that plans and specifications f0r the crossing of the 60 foot strip of land should be submitted for approval by West University Place before permission is granted for use of the proper- ty for this purpose. In accordance with action taken by the Commission on June 9, C. E. Posey, Sanitarian, submitted a tabulation of bids received for delivery of fogging and dusting machines with a recommendation from the Board of Health that the city purchase the Buffalo Turbine Sprayer Duster, Model BS, from the Public Health Equipment & Supply Company, for the amount of ~p2295.00 inasmuch as reports have indicated the dusting machine is far more effective for ip~ect control than the fogging machines and has also proven more economical. Hotion by Commissioner Davis, seconded by Commissioner Halbert that the bid submitted by the Public Health Equipment & Supply Compmy in the amount of $2,295.00 for delivery of a Buffalo Turbine Sprayer Duster, Model BS, be accepted as recommended. V oting Aye: Voting No: May~rHammond; Co~~issioners Brown, Davis and Halbert None T~~"o'~'~~'=n'-""~--'-rc,-....,o~..,~"",..~,.."rT''"1 --;r ..i. "l ',1.' Street Superintendent, A. L. Bearden, reported on construction of the concrete retaining wall at the Street Department's new building. Mr. Bearden reported that the wall had not been finished in accordance with specifications even though he had attempted each day of construction to have this accomplished, and he could not recommend acceptance of the job. The Co~~ission instructed City Manager \fJhitt Johnson to consult with concrete specialists to advise with him on the job to determine if there was anything ,,,,hich could be done to improve the looks of the concrete finish and to obtain estimates of the amount necessary to change the wall to Conform with the specifications in the original contract. rl The Commission discussed steps to be taken July 1st in event fiIr. Edward L. Mitchell, President of the Sparkle Car Wash, has not made payment of the delin- quent account covering cost of extending drain tile and dirt fill at the city's outfall ditch in the 4200 block of Bellaire Blvd., and also rent for the months of March, April, May and June amounting to a total of $3,792.93. cr~ ;0-'''' \~~.j -~~:t 'et' l>~ {!><!-t Motion by Cormnissioner Brown, seconded by Commissioner Halbert, that the City Manager be instructed to refer the account of Edward L. Mitchell to the City , Attorney for collection if paym~nt is not made by July 1, 1958, as promised by Mr. Mitchell on June 9, when he requested an extension of time which was granted by the Commission. Voting Aye: Voting No: Ma.yor Hammond; Commissioners Brown, Davis and Halbert None Resolution 58-13, as follows was submitted to the Commission for consideration and read in full: 1\THEREAS, the City of West University Place, currently has capital available in the General Operating Fund which will not be required for operating expenses until later in the present fiscal year; and 1tlHEREAS, it is deemed to be to the best interest of the City that such funds be placed in a time deposit investment in order to earn additional revenue in the form of interest for the operation of the City; and 1i.JHEFEAS, the present bank balance, the average monthly i,'1come and expenditures of this Fund as anticipated until maturity of this investment will preclude a fund deficit: N01^J, THEREFORE, BE IT RESOLVED BY THE CITY COMlvIISSION OF Th"E CITY OF itJEST UNIVERSITY PLACE, TEXAS, that the City Treasurer is hereby directed to invest funds amounting to $20,000.00 from the General Operating Fund, for a period of 6 months, at 2!%. Motion by Comnlissioner Davis, seconded by Commissioner Brown, that Resolution 58-13 directing the City Treasurer to invest $20,000.00 from the General Operating Fund for a period'of 6 months @ 2~% interest be passed and approved as read. Voting Aye': Voting No: Hayor Hammond; Commissioners Brown, Davis and Halbert. None I""~c"e~~e""""r~'---~r"~,"e"'" .' "-"-"1 "--ire_'~-__--'.. _,ue 19~ Resolution 58-14, as follows vJaS submitted for consideration and read in full: ~'lliEREAS, the City of West University Place, currently has capital available in the Water-Sewer Fund which will not be required for oper- ating expenses until later in the present fiscal year; and WHEREAS, it is deemed to be to the best interest of the City that such funds be placed in a time deposit investment in order to earn additional revenue in the> form of interest for the operation of the city; and v-JHEREAS, the present bank balance, the average monthly income and expenditures of this Fund as anticipated until maturity of this investment will preclude a fund deficit; NotV', THEREFORE, BE IT RESOLVED BY THE CITY CO.IYITUSSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, that the City Treasurer is hereby directed to invest funds amounting to $20,000.00 from the itlJater-Sewer Fund, for a period of six months, at t1rlO and one half per cent. IvJ:otion by Commissioner Brown, seconded by Commissioner Davis, that Resolution 58-14 directing the City Treasurer to invest $20jOOO.00 from the Water-Sewer Fund for a period of 6 months at 2t% interest be passed and approved as read. Voting Aye: li[ayor Hammond, Commissioners Brown, Davis and Halbert Voting No:' None Resolution 58-15, as follows was submitted for consideration and read in full: WHEREAS, the City of \rJ'est University Place, currently has capital available in the Swimming Pool Fund, Insurance Reserve Fund, Tax Revenue Sinking Fund and the Trust Agency Fund which 1.-Jill not be required for operating expenses until the next fiscal year; and liHEREAS, it is deemed to be to the best interest of the City that such funds be placed in a time deposit investment in order to earn additional revenue in the form of interest for the operation of the City; and irJHEREAS, the present bank balance, the average monthly income and expenditures of these funds, as anticipated until maturity of this investment, will preclude a fund deficit; NOH, THEREFDRE BE IT RESOLVED BY THE CI1'"'t COfiIlliLISSION OF THE CITY OF \'JEST UNIVERSITY PLACE, TEXAS, that the City Treasurer is hereby di- rected to invest funds amounting to $3,000.00 from the Swimning Pool Fund, $5,000.00 from the Insurance Reserve Fund, ~p35,ooo.oo from the Tax Revenue Sinking Fund for a period of twelve months at 3% and $1,000.00 from the Trust Agency Fund, in the University Savings & Loan Association. ~,.- r"'o~~>~>'>'>~=~'i'T>" r">"~>' >>>'~~'>'''''>~ "'''I _--1 Cfd OJ ~~ "'-~: ~ :;:: r-'~- ~ .-,-~-, 193. lVlotion by Commissioner Davis, seconded by Commissioner Brown, that Resolution 58-l5 directing the City Treasurer to invest $3,000.00 from the Swimming Poo~ Fund; $5,000.00 from the Insurance Reserve Fund, and $35,000.00 from the Tax Revenue Sinking Fund, for a period of l2 months at 3% interest, and $l,OOO.OO from the Trust Agency Fund, in the University Savings & Loan Association, be passed and approved as read. Voting Aye: Voting No: Nayor Hammond; Commissioners Brown, Davis and Halbert None Minutes of the meeting of June 9, 1958, were read and approved. v.Iith no further business to come before the Cormnission at this time, upon motion duly maqe, seconded and carried, the meeting was adjourned. A TTES T: i ~~/ . ;j " , ---'-r-~==-.'==---K--'[""'T~---r=-- --,-- =-=-=-_','r'~l" ,1-----,-----'--- 194 REGULAR IvIB~ETING OF CITY COHHISSION JULY 14, 1958 The City Commission convened in regular session at the City Hall at 7:30 P.M. on IVlonday, July 14, 1958, with the follovJing members present: Hayor HaIl1l1l0nd, presiding; COIl1.missioners Davis, Brown, Halbert and Galbraith. The City Attor- ney and City Manager were also present. The Invocation was pronounced by Comrnissioner Galbraith. In compliance with Notice to Bidders duly published in the official newspaper of the city, bids received from persons interested in purchasing t..l1ree pieces of used equipment from the city, were opened and results announced as follows: For purchase of Seaman Pulvi-Hixer, Serial No. Ivl-2413 Highway Equipment Co., Inc. ~)350.oo Alexander Distributing Co. 501.00 For purchase of 1946 Ford Pickup Truck: Jack RQach Motor Co. Ivy-Russell Motor Co. 20.00 25.00 For purchase of National Cash Register: National Cash Register Co. D. Lenzner 238.40 256.50 Motion by Commissioner Davis, seconded by Corrmissioner Halbert, that the Seaman Pulvi-Jl'Iixer, Serial No. 1'1-2413, be sold to Alexander Distributing Company for the sum of $501.00; that the 1946 Ford Pickup truck, Motor No. 699C 1225099, be sold to Ivy Russell Motor Company for $25.00; and the National Cash Register, Number 4523484-1944(3S-1B)lSC, be sold to D. Lenzner for $256.50. Voting Aye: Voting No: Hayor Hammond; Commissioners Brown,Davis,Halbert and Galbraith None Mr. George B. Rush, President of the Barron Builders, Inc., appeared before the Commission upon invitation by the Mayor to explain his plans promoted by the National Home Improvement Council to remodel an existing down-graded home LYl order to show residents of this city and surrounding areas what can be accomplished through home improvements. Mr. Rush explained that he had pur- chased a residence at 2816 Rice Blvd. to be remodeled and that there would be a national coverage of remodeled homes on display in fifteen cities through- out the United States, in the October issue of Living Magazine. He also stated that the house would be open to the public for about 10 days or 2 weeks the first part of October and it would enlighten the public as to what can be accomplished through home improvements. The COIl1l1lission expressed their approval of such a program and offered their support and assistance. N inu tes of the Zoning Board meeting held on July 10, 1958, were reviewed and the recormnendation regarding the request of property owners on Bellaire Blvd. between the Telephone Company building and the YNCA building, for rezoning from resi- dential to retail business use, was considered. The Board recommended denial of the property owner's request after resolving the following facts: r~eo~~~e~~ e,e, "e~ce~c'":'r"--r~~C~"C"~.,,,,,,ec~ "'1 r-' ,__n 195 (1) That zoning as prescribed by the City of West University Place was designed mainly for the protection of residential property. (2) That the owners of property in the immediate vicinity, as ~ell as residents of the city as a whole, are entitled to first consideration in the matter of any proposed rezoning. (3) That to date there has been shown no urgent necessity for additional com- mercial property in this particular area, to se~ve adequately the needs of the community. (4) That in general the immediate vicinity, as well as the community as a whole would suffer more from the proposed rezoning than in maintaining the sta tus quo. "':1 OJ '!"'""I <1.: ~r ~ Motion by Cow~issioner Davis, seconded by Cow~issioner Galbraith, that the re- quest of property owners on Bellaire Blvd. for the rezoning of property between the Telephone Company building and the YMCA building on Bellaire Blvd., from residential to retail business use be denied as recommended by the Zoning & Planning Board. Voting Aye: Voting No: Mayor Hammond; Commissioners Brown, Davis, GaThraith and Halbert None Members of the Commission expressed their appreciation to members o~ the Zoning Board for the work they have done on this request and it was their thought that this was the right decision at least for the time being. Commissioner Galbraith stated that in his opinion this was one of the finest and most courag- eous decisions of the Zoning Board. Hr. Cecil Lancaster, owner of the duplex at 6401 Westchester, appeared before the Commission in regard to a request he had previously submitted to the Zoning Board for Dermission to install a second electric meter at this address. Mr. Lancaster ~xplained that he had purchased the property in 1934 and lived in one side of the duplex until the latter part of 1957 and it was his desire to in- stall the second'meter in order that his tenants might pay their own utility b;i.lls. In reviewing the Zoning Board minutes of October 10, 1957, and the City Commission minutes of October 14, 1957, it was determined that the request of Mr. Lancaster had been deferred, "pending an opinion from the City Attorney as to 't-Jhether or not approval of this installation i'lOuld in any way jeopardize the city's policy of denying improvements to non-conforming use.1t vJhen asked to give an opinion, the City Attorney stated that it was his thought that installation of an additional meter would not create an extension of a noncQ!l-f'orming use. Commissioner Brm'Jll stated that in his opinion two electric meters would help in the perpetuance of the violation. After discussing the request the following action was taken: Motion by Commissioner Brown, seconded by Commissioner Halbert, that the request of I~. Cecil Lancaster, for permission to install a second electric meter at 6401 Westchester be denied, as the building is used for a non-conforming purpose. Voting Aye: Voting No: Hayor Hammond; Commissioners Brown, Davis, Galbraith and Halbert None A tabulation of bids received on June 9, for delivery of fire hose and other equipment for the Fire Department was ~ubmitted with a recommendation from the 'Fire Chief and City Manager that bids be accepted as follows: T::'.-::':~cC"'=,,~"='"':"-- ~I F.'-'C"'-='r=""='="~'.' rr=~'''.l -:::-:-= 196 400 Ft. 2~1l Dacron Filler Hose @ ~n .49 per foot Bi-Lateral Fire Hose 200 Ft. 1~1I Dacron Filler Hose @ $1.00 per foot Bi-Lateral Fire Hose Company 1 Scott Air Pack $217.00 1 Cooper Hose Jacket 66.50 1 Deluge Nozzle 309.00 Company American LaFrance Company Motion by Commissioner Galbraith, seconded by ConnnissionerBrown, that the recommendation of the Fire Chief and City Hanager for purchase of fire hose from Bi-Lateral Fire Hose Company and one Scott Air Pack, one Cooper hose jacket, and one deluge nozzle from American LaFrance Company, be accepted. Voting Aye: Voting No: IVlayor Hammond; Commissioners Brm-m, Halbert, Davis and Galbraith None Authority was requested by the City ~~nager to purchase an additional 100 water meters from the Rocktilell Hanum'acturing Company in accordance with their proposal dated November 4, 1957. The original bid price for the Roc~)ell Magnetic drive sealed register meters vms $27.00 each with the city's option to purchase an additional 100 meters at the same price. Hotion by Commissioner Galbraith, seconded by Commissioner Davis, that an additional 100 water meters be purchased from Rockwell ~~nufacturing Company for $27.00 each in accordance with their proposal dated November 4, 1957. Voting Aye: Voting No: Nayor Hammond; Commissioners Brown, Halbert, Davis and Galbraith None It was announced that the next item on the agenda i-Jould be consideration of the request submitted by ~tr. Carl Logan for modification of the front setback line in connection with remodeling of his home at 3211 Pittsburg, on which the Zoning Board had taken action on June 12, reconnnending denial of the request. At this time, l'-Iayor Hammond requested Commissioner Davis to take the chair and preside and asked that he be excused from action on the matter as he was a next door neighbor to Mr. Logan and that he was interested in improvements to, the property from a financial standpoint. With Com~issioner Davis presiding, the request of Mr. Logan was reviewed and discussed. A search of the zoning minutes having been m2de it was determined that previous action had been taken denying all requests for permission to extend the front of the building closer to the property line than required by ordinance. It was brought out that members of the commission had visited the area personally to determine if any previous action had been taken which would warrant an exception in f~. Logan1scase. After carefully considering the re- quest, the following action was taken: Motion by ComxJissioner Galbraith, seconded by Commissioner Halbert, that the request of Mr. Carl Logan for modification of the front setback line in con- nection with remodeling of his home at 3211 Pittsburg, be denied as recom- mended by the Zoning & Planning Board. 19,7' Voting Aye: Voting No: l"Iayor I-T..a:mmond; Commissioners Brown, Davis, Halbert and Galbraith None IVIayor I-Iamrnond resumed the Chair and presided at this time. c") OJ '~""'1 ,.;;,~J: ~1'. !>->>l'l') ~ , A letter from Hr. H. R. Smith requesting the City Commission to abandon use of a 20 foot easement located north of Lot 1, Block 21, Collegeview 1st Addition was submitted for consideration. }~. Smith stated in his letter that he pro- posed to construct a 50 x 155 foot building on the entire unoccupied portion of Lbt 1 and the north 75 feet of Lot 2, Block 21, Collegeview 1st Addition and it was his understandLng that the 6 inch sanitary sewer line on this property which services only the St. Hark's Episcopal Church, would be removed when a new sewer system is constructed by ~~. H. R. Houck to service a proposed 46 unit apartment building as well as the St. Mark's Bpiscopal Church prior to the time work is started on the apartments. Tne question arose as to whether or not lvlr. Smith was the legal owner of the 20 foot easement; however, members of the Corrnnission favored abandoning the present 6 foot sanitary sewer line and also the easement provided a new sanitary sewer system is constructed by Hr. H. R. Houck prior to' construction of a 46 unit apartment project in the 6700 block of Stella Link Road and provided the 20 foot easement is ovmed by Hr. Smith. The City I"1anager called the Commission's attention to the fact that the budget must be adopted prior to September 1, and a public hearing shall be held at least once during preparation in accordance with Charter provisions. Motion by Commissioner Davis, seconded by Commissioner Galbraith, that a public hearing be called for 7:30 P.H., on the 25th day of August, 1958, for the pur- pose of considering a proposed budget for the city for the fiscal year begi~~ing the 1st day of January, 1959, and ending the 31st day of December, 1959. Voting Aye: Voting No: Hayor Hammond; Corrnnissioners Brown, Davis, Halbert and Galbraith None An agreement from L & JIll Company, Inc., including a guarantee for the manufacture of approximately 1500 street name signs was submitted for consideration. Motion by Corrmissioner Halbert, seconded by Corrnnissioner Davis, that the Mayor be authorized to execute the agreement with L & M Company, Inc., for manufacture of approximately 1500 street nai'ne signs. Voting Aye: Voting No: Nayor Hammond; Commissioners Brown, Davis, Halbert and Galbraith None The City Manager requested authority for Building Inspector B. F. Kingman to attend the Texas State Association of Plumbing Inspector's Educational Short Course to be held in Dallas, Texas, July 17-20. Notion by Cormnissioner Brown, seconded by Commissioner Halbert, that B. F. Kingman be authorized to attend the Texas State Association of Plumbing Inspec- tor's Educational Short Course to be held in Dallas, Texas, July 17-20; necessary amount of expenses to be paid by the city. Voting Aye: Voting No: I'1ayor Hammond; Commissioners Brmm, Davis, Halbert and Galbraith None I I il " II 1'::=._ __ T'~.":""~"::~::~:,,~:,:-::_~ _ _ __["~C'~C-7'l'-o.-'T'n=~=-=':"l __ ----.l-- IH8 A statement of charges in the amount of $336.00 for the city's share of League services for the year ending June 30, 1959, was presented for approval. Motion byCormnissioner Halbert, seconded by Commissioner Brown, that paJ~ent be authorized to the League of Texas Hlmicipalities in the amount of $336.00 for the city's share of League services for the year ending June 30, 1959. Voting Aye: Voting No: Hayor Hammond; Commissioners Brown, Davis, Galbraith and Halbert None A request was pres'nted to the Commission from Hilton NcGinty, Architect, for interpretation of building line restrictions on the rear of Tract 10, Preston Place. It was explained that a store building was proposed for this property and it was desired to construct the building on the property lines on both sides and the rear. The request was referred to City Attorney Charles Cockrell for an interpretation of the zoning ordinance requirement for setback distance for commercial buildings. Mr. Edward L. Mitchell, requested by letter, an additional extension of time to bring his account, now amounting to $1,525.00, current. After discussing the request, it was the decision of the Commission to rescind their action of June 9 and June 23, and grant an extension of time until July 31, 1958, for Mr. Edward L. Mitchell, President of the Sparkle Car Wash, to bring his account current. ' Minutes of the,meeting of June 23, 1958, were read and approved. With no further business, upon motion duly made, seconded and carried, the meeting was adjourned. I' of 1i{est University P ce, Texas ATTEST: 199 REGULAR I'--1EETING OF CITY COJVIHISSION JULY 28, 1958 'lb.e City Connnission convened in regular session at the City Hall, 7:30 P.1YI., with the following members present: Mayor HamEond, presiding; Commissioners Galbraith, Halbert, and Davis. ,The City Attorney and City Manager were also present. Commissioner Brown was out of the city. The Invocation was pronounced by Commissioner Davis. Cf.) 0) .!vIr. G. A. Schroeder of 2640 Talbot appeared before the Commission to inquire about an ordinance regulating noise. He complained of at least three teen-age boys who repair and ride motor scooters back and forth on Talbot and Annapolis Street from 8 a.m. to 10 p.m., to the annoyance and distress of Mr. and Mrs. Schroeder and other neighbors. Mr. Schroeder stated that he had talked to the boys and to the father of the one who lives in this block, and has not received their cooperation to eliminate the noise. He asked that the City Commission attempt to relieve this situation. Mayor Hammond instructed the City IVlariager to refer this matter to C. E. Posey,Sanit,arian, so that he may secure a sound level meter to determine the extent of the noise; also to have the Chief of Police make a thorough check of this situation. '1""--j '''cr """,r :r::; The City lVIanager outlined a problem concerning inadequqte setback lines on lots siding along the ,..est boundary line of the City of Southside, where a large storm- sewer had been constructed by the City of West University Place. In the past, developers had built homes over the storm sewer or immediately adjacent thereto. A survey of the houses now constructed indicated that they had been built from four to ten feet off the sewer line, and that no definite lines had been estab- lished by the city other than the three foot setback line provtdedby the Zoning Ordinance, and this is inadequate. Only two vacant lots remain, and a request for a permit to build a single-family residence on Lot 10, Block 3, Collegeview First Addition, in the 3800 block of Marquette had been received. The City Manager recommended that definite building line regulations be established by the City Commission. Motion by Commissioner Galbraith, seconded by Commissioner Davis that the follow- ing building lines be established on the remaining vacant Lot 10, Block 3, College- view First Addition or any other vacant lots existing at this time which have a boundary to the West corporate limits of the City of Southside Place: Side setback on east side - 10 feet for house or garage. (A driveway may be constructed to extend to the property line provided a waiver is signed relieving the City of any responsibility for damage which might occur as a result of said driveway being constructed over a storm sewer line.) Side setback on west side - 3 feet. Rear yard setback - 5 feet for garage and 20 feet for house. Front setback - 20 feet. Voting Aye: Voting No: Mayor Harmnond; Commissioners Davis, Galbraith and Halbert None 200 Nayor Hammond brought before the Commission the request. of the SouthvJestern Bell Telephone Company for consideration of an ordinance granting a 20-year franchise to become effective January 1, 1959. The present franchise expires in December:J 1958. After general discussion, expecially as to whether or not the 2% gross receipts tax is adequate and in ke~ping with the percentage of gross receipts tax paid to other cities, Hayor Hammond referred a copy of the franchise to the City Attorney for review, after which the matter will be taken up again by the Commission. Reporting on the estimate of F & R Construction Company for final payment due on the new Street Department building, the City ~~ager stated that some of the sub-contractors and vendors have filed liens against F & R Construction Company for money owed them, the City is holding up final paynillnt of $3,450.20 until these obligations have been paid. The City Attorney advised that the City 'should have a release from those who have filed liens against F & R before making final settlement of this contract. The status of final payment for construction of the retaining wall by the Bruce Willis Company was explained by the City JVIanager who stated that one of the partners of this company was out of town and upon his return the job would be inspected for approval. The City Manager presented tentative plans for a street resurfacing program involving the following six blocks: 63 and 6700 blocks of Rutgers and West- chester, 66 and 6700 blocks of Vanderbilt. The City Commission discussed certain construction phases of the program including the question of whether or not the curbs and gutters should be replaced entirely or in some cases where they were salvable, raised to proper height. The possibility of paving the streets with concrete or asphalt, it being agreed that the higher cost of concrete for these particular blocks should be ruled out in favor of asphalt which is the present t;y--pe of pavement used on the streets in question. The desirability of widening the streets from 27 to 30 feet was discussed, but it was tl1.e opinion of the Commission that property owners would probably not agree to sign contracts if additional costs of widening the streets were included in the project. I'-1ayor Hammond recommended that Street Superintendent A. L. Bearden be requested to investigate the best method of Salvaging the present curgs and gutters and that the discussion on this subject be continued at the August 11 meeting of the City Cormnission. After discussion of the proposed budget for 1959, which is scheduled for adoption at a public hearing August 25, at' 7: 30 P .JV1., the .Playor suggested that a meeting or meetings beset up for informal discussion of the Budget. The first of these meetings was set for Wednesday, July 30th at 7:00 P.M. A letter from the City I"Janager was read to the Commission which stated that a garage apartment LD violation of the Zoning Ordinance is being rented at 2740 University Boulevard. The letter was turned over to the City Attorney, who was asked to take action on this violation. An ord:iJ.l.ance prohibiting the planting, grov.rth or maintenance of any hedges, trees, shrubs or other growth upon the unpaved or untraveled street right of way portions and certain private property portions of certain street conlers cY:l en M ~ od ~ I L 201' in the City, in the interest and furtherance of insuring V~Slon for traffic safety, was presented by the City Attorney and read in full. After discussion brought about by questions of the Commissioners and City fIanager, the City Attorney was directed to review the proposed ordinance for revision and pres- entation at the next meeting according to the recommendations made. The request by Mr. Milton McGinty, Architect, for information regarding inter- pretation of building line restrictions on the rear of Tract 10, Preston Place, was again discussed. The City Attorney will continue to study and prepare information for lVIr. HcGinty. Commissioner Davis brought to the attention of the Cowaission the fact that he had received a number of complaints regarding the 4-way stop sign at Rice and College being unnecessary. After a general discussion about the fact that there has been considerable difference of opinion in the reaction of citizens to the nunber of street signs in the City, Mayor Hammond suggested that a field survey of the stop signs be made and presented to the Commissioners for study. The minutes of the meeting of July 14, 1958, were read and approved. There being no further business to come before the Commission, the meeting was adjourned. A '!TEST: ~' ,: ,'~ ~J C Y Secret?' ~, , 202 REGULAR NEETING OF CITY COlvnvIISSION AUGUST 11, 1958 The City Commission convened in regular session at the City Hall, Monday, August 11, 1958, 7 :3-0 P.I\JI., with the following members present: Hayor Hammond, presiding; Cornm. Brown, Galbraith and Halbert. 'lhe City Hanager and City Attorney were also present. Commissioner Davis was absent as he was out of the city on business. The Invocation was pronounced by Commissioner Halbert. A letter was read to the Commission from Hr. A. G. Davis, Chairman of the Zon- ing and Planning Board, recommending that a request from Hr. itJ. C. Patterson, 3911 Riley, for permission tb construct a 10 x 16 foot frame structure on the back of his lot at this address to be used as a storage place and hobby shop be approved. IVlotion by Commiss ioner Galbraith, seconded by Commissioner Brown, that Nr. irI. C. Patterson be permitted to construct a 10 x 16 foot frame structure on the back of his lot at 3911 Riley to be used as a storage place and hobby shop, subject to execution of an affidavit that the building will not be used for living quarters or for any commercial purpose, as recommended by the Zoning and Planning Board. Voting Aye: Voting No: Mayor Hammond; Commissioners Brown, Galbraith and Halbert. None r City Nanager 1rJhitt Johnson explained that he had contacted the irJ. JIll. Corpora- tion in regard to final acceptance of the concrete retaining wall they had erected at the Street Department material storage building' in the 3800 block of Nilton Street. A. L. Bearden, Street Superintendent, had advised the Commission on June 23, 1958, that in his opinion the wall had not been finished in accordance with specifications and he could not recorr~end accept- ance of the job. Mr. Johnson stated that fJIr. Bruce Willis had agreed to a de(xuction from the total contract price of an estimated $200.00 in order to compensate for the finish work of the wall. It was the City l1anager's recom- mendation that the wall be accepted on this basis and final payment made to the W. M. Corporation. Motion by Commissioner Brown, seconded by Commissioner Halbert that the concrete wall at the material storage building on Milton Street be accepted and the amount of approximately $200.00 be deducted from the final estimate submitted by W. M. Corporation to compensate for non-compliance of the sec- tion of the specifications entitled ltFinish Treatmentll contained in the contract documents, as recomi'llend~d by City 1VIanager vJhitt Johnson. Voting Aye: Voting No: Mayor Hammond; Commissioners Brm~, Galbraith and Halbert. None The City Manager advised that he had interviewed a number of applicants for the position of City Engineer and in his opinion fill'. Eugene Nelson Shepard was most qualified. It was his recommendation that Mr. Shepard be employed as City Engineer. i==~__ '-'~:::'-O"~"~:"==c..-==,,":-'-~c,:=-~~ ~. r=_-_''-'-~'-:o"'''-o'~':''~'-~-'-_'':CC=;_'''-'-~ __ ------I: C'f) OJ ~ ~ <f' ~ 203'" Motion by Co~~issioner Halbert, seconded by Corr@issionerBrown, that Mr. Eugene Nelson Shepard be employed as City Engineer as recommended by the City Manager; effective date of appointment August 11, 1958, at a salary of $500.00 per month, plus use of a city vehicle for transportation while on the job. Voting Aye; Voting No; I1ayor Hammond; Commissioners Brown, Galbraith and Halbert None The Oath of Office was administered to Mr. Shepard as City Engineer by Nayor Hammond. The City lVIanager presented a request from the St. Vincent De Paul Catholic Church located at the corner of Buffalo Speedway and Bellaire Blvd., for permission to connect onto the city's 66 inch storm sewer line with a pro- posed 12 inch storm sewer line to be constructed by the church on their property. The connection would be in a convenient location where the said 66 inch sewer easement is contiguous to and joins the church property ,to the south. An agreement was submitted by the Church which would indemnify the city f'rom any loss, damage and malf'unction of the church's 1211 storm sewer line caused by an overloaded condition of the city's 6611 storm, sewer line. The agreement as submitted is as follows: STATE OF TEXP--S: COUNTY OF HARRIS: KN01rJ ALL fJEN BY THESE PRESENTS: THIS AGRE~ffiNT made and entered into this 25th day of July, 1958 by and between st. Vincent de Paul Catholic ChurCh, acting through its Pastor, the Reverend J. D. Connolly, and the City of' ~-Jest University Place. ~H'l'NESSETH ~rHEREAS, St. Vincent de Paul Catholic Church desires to construct a 1211 storm sewer line and connect the same to the City of \iest Univer- sity Place's 6611 storm sewer line in a convenient location Ivhere the said 6611 sewer easement is contiguous to and joins the property of St. Vincent de Paul Catholic Church; and, WHEREAS, said Church desires to make such co~~ection free of charge, and the City of Hest University Place has agreed to allow such storm sewer connection. NOW, THEREFORE, in consideration of the said agreement, the said Church does hereby recognize the fact that the said City's 6611 storm sewer becomes overloaded from time to time during adverse weather conditions. The said City of West University Place is hereby indem- nified and the said Church does hereby hold the said City harmless f'rom any loss, damage and malf'unction of said Church's 1211 storm sewer line caused by the said overloaded condition of' the City's 6611 storm se1l'Jer line. '2 6 ;1, St. Vincent de Paul Catholic Church does hereby agree 'lio build a manhole as an inlet before their storm seHer is connected into the said City's 66" storm sewer. It is the intention of this Agreement that the said Church release the City of West University Place from all responsibility li1hatsoever, including any injury to person or any damage to property in COD.1leC- tion vJith the construction and connection of its said 12" stom sewer line into the City's 66" storm seHer and said Church does further agree to notify the proper authority of the City of West University Place of such connection before any of the construction required in connecting the lines are covered up so that an authorized representa- tive of the said City be allowed to inspect the said connection and annrove the same before the cODnection and work is covered Hith fill. . l: ( " , I ST. VmCENT DE PAUL CATHOLIC CHfJRCH (s) rtev. J. U. Connolly, Pastor Motion by Commissioner Galbraith, seconded by Commissioner Brown, that per- mission be granted the St. Vincent de Paul Catholic Church to connect onto the city's 66" storm sewer line i'ljhich is contiguous to and joins the church property on the south in accordance with the agreement ex~cuted by the Rev. J. D. Connolly, Pastor of the St. Vincent de Paul Catholic ChurCh, on the 25th day of July, 1958. Voting Aye: Voting No: Mayor Hammond; Commissioners Brovm, Galbraith and Halbert None A report was made by the City Attorney as to the status of the delinauent account of l\lr. Edward L. lVlitchell, who operates the Snarkle Car 1rJash ~on the property leased to him by the city at 4213 Bellaire Blvd. Mr. Cockrell reported that no payment had been received from Mr. Mitchell as he had promised in his letter of July 10, 1958, and action taken by the City Com- mission had set a deadline as of August 1, 1958. It was the Gor.1ffiission's opinion that action should be taken to take possession of the premises at 4213 Bellaire Blvd. in accordance with the lease agreement exe~uted by the city and Hr. lVIitchell. The City JYIanager was instructed to take the neces- sary action to take possession of the premises at5 p.m., August 12, 1958, in event payment of delinquent account is not received. I<Iinutes of the meeting held on July 28, 1958, were read and approved as corrected. With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting was adjourned. i I 1 v1.-ft:::l~j " ~~~JJ University 15i~ ~~~~~T"""""C'"'''' ~'"~~~....~=l""-~-"'::'r" .. 'C ~l ....A- 20i, REGULAR HEETING OF CITY COHMISSIOl'if AUGUST 25, 1958 The City Commission convened in regular session at ~he City hall, on Monday, August 25, 1958, 7:30 P.M., with the following members present: Mayor Hammond, presiding; Commissioner Davis, Galbraith and Halbert. The City Manager and Assistant City Attorney were also present. Comraissioner Brown was absent as he was out of the city on vacation and City Attorney Cockrell was also absent. The Invocation was pronounced by Commissioner Galbraith. M ~ ~ <I i!!!!!f = Mayor Hammond announced that a public hearing for the adoption of the 1959 budget, in accordance with Charter requirements and previously published legal notice, would be held at this time. The Hayor stated that the City Cormnission had met on several occasions to consider the proposed budget and after final revision, it had been referred to the Finance Committeeifor their considera- tion. :tvIr. L. E. Bricker, member of the Finance Committee, stated that the Committee had met and reviml1ed the proposed budget and Unanimously agre~d to recommend approval and adoption. ~'1ayor Hammond then asked City Manager vJhitt Johnson to explain the details of the budget and review its highlights for those present. The City Manager pointed out that the proposed budget was substantially the same total amount as the 1958 budget. He pointed out that no new personnel was authorized in the budget and no overall salary increases proposed. The feasibility of employing part time personnel for school patrol duties was discussed and it was determined that a sufficient amount could be allocated from the budget for this purpose. After careful consideration and discussion and no one else present desiring to be heard, it ~1aS determined that the budget was in final form and ready for adoption. Motion b! Commissioner Galbraith, seconded by Commissioner Davis that the hearing to consider adoption of the 1959 budget be closed. V oting Aye: Voting No: Hayor Hammond; Cormnissioners Davis, Galbraith and Halbert None Ordinance No. 739, captioned as follrnl1s, was submitted for consideration and read in full: AN ORDINANCE LEVYING AI\)]) ASSESSING AN AD VALOREH TAX ON ALL TAXABLE PROPERlY ~nTHIN THE CORPORATE LDlITS OF THE CITY OF ~'JEST UN I VERSI TY PLACE, 'I'EXAS, FOR THE YEAR 1958, AND PROVIDING FOR THE COLLEC TION THEHEOF. Motion by Commissioner Galbraith, seconded by Commissioner Davis, that Ordinance No. 739 , levying and assessing an ad ve.lorem tax on property within the, city, for the year 1958, be passed and approved as read. Voting Aye: Nayor Harrnnond; Comlllissioners Davis, Galbraith and Halbert Voting No: 'None 20~~ Ordinance No. 740, captioned as f'ollows, "Jas submitted and read in full: AN ORDINANCE APPROVING A BUDGET FOR THE CITY OF 'iJEST UJ:HVERSITY PLACE, 'I'EXAS, FOR A T'v.,JELllE NONTH PERIOD BEGINNING JANUARY 1, 1959, AND ENDING DECEr-mER 31, 1959; PFDVIDING FOR THE .APPROPRIATION OF PUBLIC FONDS OF THE CI'lY FOR USE ANTI EXPE.t'IJDI 'IURES . Motion by Commissioner Galbraith, seconded by Commissioner Halbert, that Ordinance No. 740, approving a budget for West University Place for the year 1959 be passed and approved as read. Voting Aye: Voting No: Mayor Ha%~ond; Comrrissioners Davis, Galbraith and Halbert None Minutes of a Zoning & Planning Board meeting held on August 21, 1958, were presented for consideration and the following action t~ken: Notion by Commiss ioner Halbert, seconded by COliunissioner Galbraith, that a public hearing be called for September 22, 1958, to consider the request of Mr. Victor Saub to subdivide Lot 6, Block 24, West University Place First Addition into two 50 x 150 foot lots. Voting Aye: Voting No: JVlayor Hammond; Commissioners DaVis, Galbraith and Halbert None City Engineer E. N. Shepard, presented details concerning a method of resurfacing the 63 and 6700 blocks of Westchester, 63 and 6700 blocks of Rutgers and the 66 and 6700 blocks of Vanderbilt. He recommended that the street be resurfaced with a six inch compacted sand stabilized shell -base with a triple course inverted asphaltic penetration wearing surface and the curbs to be raised by hydraulic fill where possible and replaced where necessary. 1he Engineer's total estlirrated cost to property owners was approximately $8,000.00 with a cost to the city of approximately $2,000.00 for cost of paving intersections and replacing curbs. Motion by Comrrrissioner Davis, seconded by Cormnissioner Halbert, that the program for resurfacing the 66 and 6700 blocks of' Vanderbilt, 63 and 6700 blocks of Westchester and Rutgers, be authorized as outlined in the Engineer's plans and specifications, with a maximum cost to property mmers of ~~1.25 per front foot. Voting Aye: Voting No: Mayor Hammond; Commissioners DaVis, Galbraith and Halbert None A final revised estimate was submitted from the W. M. Corporation for constrLlction of retaining walls for the Street Department building in the am01mt of $5,686.46. It was explained that an error had been made in the original figure of' ~t:.5 ,866.14 submitted by the vf I'JI Corporation. The City Manager stated they had also agreed to a deduction of $200.00 from the final estimate to com-oensate for non-comuliance of the section of the specifications entitl~d nFinish Treatmentll in accorda.nce with action taken by the Commission on August 11. r--- ---"r"o=""=:-~-c,~__'~~~'C=- _ ____r"'.'~-.- I -- -----------~ 201 Motion by Commissioner Galbraith, seconded by Commissioner Halbert, that the revised final estimate from W M Corporation in the amount of $5,686.46 for construction of retaining walls for the street department building less the agreed deduction of $200.00 be approved for payment. Voting Aye: Voting No: Mayor Hammond; Commissioners Davis, Galbraith and Halbert None M OJ ,.....; <t: od" ::0 The City l\:Ianager reported to the Cornmission that Hr. Ed Hitchell, Presi- dent of the Sparkle Gar Wash, 4213 Bellaire Blvd., had offered, a partial payment of $500.00 on his delinquent account to the city and after the matter was discussed with the City, Attorney, the rvIcJ.Yor and other members of the City Cormnission, the partial paynlent was accepted with the under- standing that a payment of $75.00 each month would be made, in addition to his regular monthly rental of $225.00', to apply on the delinquent account. 110tion by Commissioner Halbert, seconded by Commissioner Galbraith, that action taken by the Commission on August 11, instructing the City lVIanager lito take necessary action to take possession of the premises at, 4213 Bell- aire Blvd. at 5:00 P.M., August 12, 1958, in event payment of delLnquent account is not received, It be rescinded and the action taken by the City Manager and City Attorney to accept the partial payment of $500.00 with the understanding that a payment of $75.00 to apply on the delinquent account would be made each month until the account is paid in full, be ratified. Voting Aye: Voting No: Mayor Harrilllond; Commissioners Davis, Galbraith and Halbert None Authority was requested by the Chief of Police to seek emplo~rynent of per- sons to perform school patrol duties. It was estimated that this would involve an expenditure of approximately $450.0'0 from the 1958 budget; however, it would relieve the regular patrohaen and patrol cars from per- forming school traffic duties allowing them to maintain better traffic control in other parts of the city. Motion byCommission~r Halbert, seconded by Commissioner Davis, that the Chief of Police be authorized to seek employment of persons to perform school patrol duties at the rate of $1.50 per hour, two hours per day. Voting Aye: Voting No: Hayor Hammond; Commissioners Davis, Galbraith and Halbert None Ordinance No. 741, captioned as follows, was presented to the Com.mission and read in full: AN ORDINANCE PROHIBITING THE PLANTING, GROitITH O'R HAINTENANGE OF ANY HEDGES, THEES, SHRUBS O'R OTB..ER GRO\tJTH UPON THE UNP.A VED O'R UNTRAVELED STREET RIGHT OF lJAY PORTIONS AND CERTAIN PRIVATE PROPERTY PORTIONS OF CERTAIN STREET CORNERS IN THE CITY OF hlEST UNTVERSITY PLACE, IN THE INTEREST AND FURTHERANCE OF' llISURING VISION FOR TRI,I.FFIC SAFETY; PROVIDING FOR PENALTY; PROVIDTIIJG FOR OTHER ENFORCEtvI:ENT; AND PRJVIDING FOR SEVERANCE CLAUSE. 208 11otion by Commissioner Davis, seconded by Conm1issioner Halbert, that Ordinance No. 741, prohibiting the, planting, growth or r~intenance of any hedges, trees, shrubs or other grm"i'th upon the street right-of-way portions and certain private property portions, be passed and approved as read. V oting Aye: Voting No: Mayor Hammond; Commissioners Davis, Galbraith and Halbert None A letter from E. J. Hood, Water Superintendent, recomraending sale of 71 ~fatchdog water meters which had been junked due to worn or otherwise unserviceable chambers, was presented. 11r. Hood advised that meter com- panies allow only $1.75 per meter on a trade-in basis and it was his opinion that the city could receive a larger amount on a sale basis. Motion by Commissioner Galbraith, seconded by Commissioner Davis, that the City Manager be authorized to publish a Notice to Bidders for the sale of junked water meters, with bids to be received until 7: 30 P.N., September 22, 1958. Voting Aye: Voting No: Mayor Hammond; Commissioners Davis, Galbraith and Halbert None rvIinutes of the meeting of August 11, 1958, were read and approved. With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting was adjourned. ATTEST: C~"-"~"-~"~~-I'CC"'C""","T'''" ,",,'," ''''C""::r----r'' , "'---~-" ------:r 209 REGULAR fiIEETTIW OF CITY COrJll'IISSI ON SEP~IDER 8, 1958 The City COJ11.r:nission convened in regula.r session at the City Hall, on Monday, 7:30 P.M., September 8, 1958, with the following members present: I"12.yor Hammond, presiding; Commissioners Da.vis, Halbert and Galbraith. The City Attorney and City Manager were also present. Commissioner Brown was absent as he was out of the city on vacation. The Invocation was pronounced by Mr. W. H. Farrington, a resident of 6624 Vanderbilt. OJ OJ M ~ ~ ~ Mayor Hammond announced that several residents who are interested in pro- posed i.r:nprovements to Vanderbilt, Rutgers a.nd ~Jestchester Avenues, and acting as Block Chairmen, were present and he then asked each of them to give a report on petitions from their particular blocks. Each Chairman reported very good response from their block and petitions indicated more than 90% of property owners of the 63 and 6700 blocks of Rutgers and West- chester and the 66 and 6700 blocks of Vanderbilt had agreed to sign a contract for improvements in their respective blocks at a maximum cost of $1.25 per front~ foot. The Chairmen reporting were: Nessrs. Earl L. Church, 6344 Rutgers; R. L. Carruthers, 6337 ~Jestchester; C. B. Jones, 6324 \^Jest- chester; W. H. Farrington, 6624 Vanderbilt. A report was also sent to the Hayor by Mr. A. Ray Si.r:ns, 6710 Rutgers, and Mr. M. H. Pruett, 3031 Cason at Vanderbilt. A letter from Paving Attorney E. E. Townes, Jr., in compliance with action taken on June 23, was read to the Commission. Nr. Townes gave the follow- ing statement with reference to the question asked by the Commission as to whether or not bond funds could be expended for the purpose of improving some of the streets with asphalt: IIAfter reviewing ~-Jith Nr. Shepard some- thing of the details of the construction, I believe that the work contem- plated is property classed as improvement, etc.,'in a permanent manner'; so that Article 1105-b (adopted by the City) is applicable, and further, that the funds from the Street Improvement Bonds, Series 1948, can be used to pay the city's portion of the cost.1I In view of the paving attorney's opinion and signed petitions from more than 90% of property owners of the 63 and 6700 blocks of Rutgers and Westchester and the 66 and 6700 blocks of Vanderbilt having been received, it was the Commission's desire to proceed with steps necessary to initiate paving proceedings for these blocks. Ordinance No. 742, captioned as follows, was submitted to the Commission and read in full: AN ORDINANCE DETERF1Il\TING THE NECESSITY FOR AND ORDERING THAT THE HEREIN DESIGNATED PORTIONS OF '.rBE. NAHED S'l'REE'ISHITHIN TfJE FOLLOlrJ- ING GENERAL LIlvrI'IS, T01J'JIT: Section 1, ltJESTCHESTER AVENUE BE'TIr.iEEN UNIVERSITY BOULEVARD AND mmE STREET ...'---'.00.1 ~lU Section 2, Iv"ESTcHESTER A VENUE BE'J}JEEN CASON STREE'r AND BELLAIRE BOULEVARD Section 3, RUTGERS AVENUE BETIVEEN ill\TIVEHSITY BOULEVARD AND D1JKE S'IREET Sect.ion 4, RUTGERS A VENUE BET/TEEN CASON STREET AND BELIJ~IRE BOULEVARD Section 5, VANDEHBILT AVENUE BE'I'i/'JEEN CAR1TEGIE STREET AND BELLAIRE BOUI..E;VAFI..D IN THE C I'I'Y OF "\illEST UNIVERSITY PIA CE, TEXAS, SHALL BE IJVIPROVED; APPROVn~G AND ADOPTING PLANS AI\!'D SPECIFICATIONS FOR SUCH nvIPRO'VE- J.IENTS; PHOVIDING FOR SEGREGATION OF PORTIONS OF SAID STREE'IS INTO SEPARATE SECTIONS, EACH OF \mrCH SECTIONS SHALL BE TREATED AS A SEPARATE AN"}) CONPLETE UNIT; DIRECTnm AND REQUIRING THE ENGINEER FOR THE CITY TO PP..EPARE AN ESTllvIATE FOR THE COST OF SUCH IMPROVENENTS AND A "VIJRITTEN STA TEHENT OF THE !'JANES OF THE m,TNERS OF THE PROPERTIES ABUTTING ON EACH PORTION OF EACH STEEET 'ill BE IHPEOVED, 'IDGETHER tHTH A DESCRIPTION OF THE RESPEC TIVE PEOPERTIES; PHOVIDHJG THA T A, PAET OF THE COST OF THE SAID I}'IPEOVEfiiENTS SHALL BE PAID BY AND ASSESSED AGAINS T TH"""E ABUTTING PROPERTY AND THE OItJNERS 'IHEREOF, AND FOR INCIDENTAL HA TTERS~ DECLARING 'JFJ\.T THIS ORDnJANCE AND ALL FURTHER PROCEEDTIfGS REUTTIfG 'ill SUCH IHPROVEfvIENTS ARE AND SHALL HE; UNDER Ah'D BY VIRTUE OF ARTICLE 1105 (b) OF THE REVISED STATUTES OF TEXAS; DIRECTTIfG THE CITY SECRETARY TO FILE A NOTICE OF THIS ORDINANCE v-JITH THE COUNTY CLERK OF HARRIS COUN'lY, 'IEXAS, AS PROVIDED BY IA1rJ AND TO ADVERTISE FOR BIDS 'ID BE RECEIVED AND FILED ldITHIN THE 'I'll-IE PROVIDED; AND DEe LARIN G AN El'o1ERGE:NCY. Hotion by Commissioner ~albrait.h, seconded by Commissioner Davis, that Ordin- ance No. 742, determining the necessity for and ordering that portions of Westchest.er, Rutgers and Vanderbilt Avenues, be improved; approving and adopting plans and specifications, etc., bids to be received until 7:30 P.M. September 25, 1958; be passed and approved as read. Voting Aye: Voting No: Mayor Hammond; Commissioners Davis, Galbraith and Halbert None Ordinance No. 743, captioned as follows, was submitted to the Commission for consideration and read in full: AN ORDINANCE CALLTIfG AN ELECTION 1tiI'Y.tUN THE CITY OF 1rJEST UNIVERSITY PLACE ,TEXAS, ON Th'E 4TH DAY OF NOVElvIBER, 1958, FOR THE ELECTION OF A HAYOR AND FOUR COrvINISSIOI\1EFB FOR A TEP,N OF ':[Ii'YO YEARS AND APPOINTING ELECTION OFFICERS FDR EACH POLLHJG PLACE. Motion by Corr.unissioner Halbert, seconded by Commissioner Galbraith, that Ordinance No. 743, calling an election for November 4, 1958, for the purpose of electing a Mayor and four Commissioners be passed and approved as read. Voting Aye: Voting No: J\la.yor Hammond; Commissioners Davis, Galbraith lli"1d Halbert None T~"""'C~"C~"',:~'"~'~" " r'c~~"~~~~"~~'~ =r ~ ~ .,.... <C <t :::e Lu_ 2f1 The Commission discussed the adYisabilityof changing the'speedlimit in the school zone from 15 miles per hour to 20 miles per hour. lvlotion by Commissioner Galbraith., seconded by Commissioner Davis., that ord:in8nce be pretE red by the City Attorney authorizing a change :in the zone in front of the West University Elementary School. an speed Voting Aye: Voting No: lVIayor Hammond; CormnissionersDavis, Galbraith and Halbert None lVlembers of the Conrrnission expressed their sympathy for the family of the late E. M.' Biggers who died September 6, of injuries received in an auto accident at Plantersville. Mr. Biggers lived at 3620 Sunset and had been very active as a civic leader both in city and national affatrs. The Commission requested that an expression of condolences be published in the Southwest Section of the Houston Chronicle. It was agreed by the Corr@ission that reading of the minutes of August 25, 1958, be postponed until next meeting, inasmuch as members desired to attend another meeting which had been scheduled on this date. 1rJith no further business to come before the Cornmission a.t this time, upon motion duly made, seconded and carried, the meeting was adjourned. ~~T9.t !J~vOP.it)- Pl""e, Texas A 'ITEST: CiT..y -~r""""~~"~"~-'-......T-~-'~~"":' --"-'--~~""r' -:::-..:r :l12 REGULAR I'IEETING OF CITY COJVIMISSION SEPTD1BF~ 22, 1958 , The City Commission convened in regular session at the City Hall on Monday, September 22, 1958, 7 :30 P .H. vd th the follovJing members present: Hayor Harr@ond, presiding; Conwissioners Brown, Davis, Galbraith and Halbert. The City Manager and City Attorney were also present. fmyor HamJnond pronounced the Invocation. In accordance with action taken by the City Corili~ission on August 25, 1958, and Notice duly published in the official newspaper of the City ,on September 3, 1958, Mayor Hammond announced that a public hearing was in order to con- sider amending the city's zoning ordinance to permit subdivision of Lot 6, Block 24, West University Place 1st Addition, into two 50 x 150 foot lots as requested by Hr. Victor Saub. The Oath was administered by Mayor Hammond to the following named persons who expressed a desire to testify during the hearing: Nessrs. Victor Saub; T. W. Spurlock, 6316 Sewanee; Wm. C. Hicks, 6317 Mercer; Deilaar Suhr, 6317 Sewanee; and City l~nager vfhitt Johnson. The City Nanager testified, in answer to questions by the City Attorney that application had been submitted by fIT. Victor Saub for subdivision of Lot 6, Block 24, West University Place 1st Addition, to the Zoning & Planning Board and it was recommended to the Commission that the request be approved. The Ci ty Hanager also testified that a Notice of the Public Hearing was published in the official newspaper of the city and notices mailed to all property owners vJithin 200 feet of Lot 6, Block 24, \>Test University Place 1st Addition, and in his opinion all requirements of the city's ordinance for calling a public hearing had been complied with. Hr. Saub explained to the Commission that he had bought the property in- volved where there is an existing residence on th~ north 1/2 of the lot which is badly in need of repair and also an old three car garage which is very unsightly. ~IT. Saub stated that it was his desire to tear down the old garage building and remodel the existing house, but to do so he needed additional funds which could be obtained by the sale of' the south 1/2 of the lot as a building site. It was explained that all other lots in the, immediate area fronting on Sewanee were only 50 feet wide. I-lr. T. 'VJ. Spurlock stated that he did not vJant to see any old buildir..g moved on the premises and it was explained to him that the Corrmlission had passed an ordinance prohibiting any building being moved into West University Place for residential pu~poses. Wm. C. Hicks, of 6317 Mercer Street, stated that he had no objection to the lot beiI1.g subdivided and he was delighted to hear that the old garage "Jas to be torn down and removed. Mr. Delmar SQhr, called the Go@nission's Attention to the fact that a small building in back of the house on the north 1/2 of the lot had been occupied in the past as living quarters by unsavory individuals. l'1ayor Hammond asked 'C'"'~""~""~'I_ n '=:JI n_ 213 I'1r. Saub if he would be vJilling to remove the building or make it uninhabitable. Itr. Saub explained that the building had not been occupied as living quarters since he had owned the property, but was a small 20 x 20 foot house used as a storage room &~d wa.s not inhabitable at this time. He further stated that he would execute an affidavit that the 20 x 20 foot house has not been rented during the time he has been mmer of the property' and that he intends to begin cleaning the premises and remodeling the existing house immediately. \I'Jith no further questioning desired, the following action l-Jas taken: M 0';) 'l"""I ~ ~ ::c Notion by Cormnissioner Galbraith, second.ed by Connnissioner Brown, that the hearing called to consider the request of Mr. Victor Saub, to amend Ordinance No. 111, to permit subdivision of Lot 6, Block 24, West University Place 1st Addition be closed. Voting Aye: Voting No: Nayor Ha.mmond; Commissioners Brown, Davis, Galbraith and Halbert None Hotion by Commissioner Brown, secQ1n ed by Commissioner Galbraith, that Ordin- ance No.' 111 be amended to permit subdivision of Lot 6, Block 24, West Uni- versity Place 1st Addition into two 50 x 150 foot lots as requested by Mr. ;If ictor Saub. Voting Aye: Voting No: Mayor Hammond; Com~issioners Brown, DaVis, Galbraith and Halbert None In compliance with Notice to Bidders duly published in the official newspaper of the city, bids received from parties interested in purchasing approximately 71 used water meters from the city, were opened and the following results announced: Meter Repair Service Approximately 75 Worthington-Gamon Watchdog water meters 518 x 314 Unassembled Ea. $3.75 Water meter register box covers Ea. .50 Motion by COIT@issioner Galbr~ith, seconded by Commissioner Halbert, that the one and only bid received be referred to the City Manager and Water Superin- tendent for study and recommendation. VotL~g Aye: f~yorHammond; Connnissioners Brown, Davis, Galbraith and halbert Voting No:. None Messrs. J. .ft.. Pardue and H. D. \Jickerham, representing the Boy Scouts of America, and three boy scouts from Troup 125 appeared before the Commission to explain a national program to distribute copies of a llHandbook for Emer- gencieslt, one of~jhich "l'Jas presented to lVIayor Hammond. City Engineer E. N. Shepard, presented preliminary plans and specifications for construction of a storage room at the sewage disposal plant utilizing an old concrete filter tank which is no longer used for that purpose. 214 Notion by Commissioner Davis, seconded by Commissioner Brmm, that t,."le City Engineer be instructed to prepare final plans and specifications in accord- ance with those submitted and that bids be received until October 27, 1958, 7:30 P.N. Voting Aye: Voting No: f~yor Hammond; Commissioners Brown, Davis, Galbraith and Halbert None Minutes of a Zoning and PlarLDing Board meeting held on September 11, 1958, were presented for consideration. Motion bJ CowIaissioner Halbert, seconded by CommissjDner Davis, that the request of Mr. P. D. Phillips, 6524 Belmont, for perraission to rebuild and enlarge a garage to include a second story 20 x 26 feet for use as a hobby room, storage and wash room, be approved subject to lliaitation of sanitary facilities to a wash basin and commode, and no kitchen facilities; also with the understanding that Mr. Phillips will furnish an affidavit that the structure will not, be used as ,living quarters or for B.ITJ- commercial purpose; further that these restrictions be included in terms of sale should the property be sold, as recommended by the Zoning & Planning Board. Voting Aye: Voting No: Mayor Hammond; COJ11~issioners Brown, Davis, Galbraith and Halbert None A letter from Hr. Ed"t..Jard L. JYlitchell, regardL'1.g his desire to sub-lease the city oHned property which is now being leased to Mr. Mitchell for operation of the Sparkle Car -vJash, vJaS read to the Commission for cons.ideration. Motion by Commissioner DaVis, seconded by Co~missioner Brown, that the City l'lanager be authorized and cOl11_manded' to collect from jvlr .Ed~-Jard L. Hi tchell the full balance due the city or, by Hr. Hitchell's failure to make full payment, .take possession of the city's property by all legal means l-Jithout delay. Voting Aye: Voting No: Hayor Hammond; Commissioners Brown, DaVis, Galbraith and Halbert None Mrs. Ralph Redd, 2741 AnLherst, appeared before the Commission, protesting action taken by the City Attorney demandin~ that she cease renting a garage apartment located on her premises. flITS. Redd stated that she bought the property in 1948 and was not advised that it would be a violation of the city's zoning ordinance to rent the garage quarters and demanded to know t-Jhat she could do t'Jith the $5,000 to $6,000 investment she has in the building. Hayor HaTTJllOnd explain.ed to Nrs. Redd ilia t the c i t~T was making an effort to prevent the illegal renting OI garage apartments as a protec- tion to all property ovmers in the city and it 1-Jas not the intent to dis- criminate against any individual. The City Attorney advised the Commission that Hr. Paul Strong, Attorney, had consented to work with him on the zoning suit shich has been filed against the city by Attorney Burke Holman, representing property owners in the 4100 block of Bellaire Blvd. c:=====-~_.._< --~. I ''''<'"'~:'''-''C'<<"=r'"<<---<--~<-'-'-<',,< - "'""'.-'O~'T-~-. '-~-- 215 Ordinance No. 744, captioned as follows, was submitted to the Cowmission and read in full: AN ORDINANCE REGlJIA'ITNG THE SPEF..J) OF VEHICLES ON STHEETS IN YHE CIYi OF v\lEST UNIVERSITY PLACE IN A SCHOOL DIS'IRICT; DE- FINING "SCHOOL AND PARK DISTRICT" Al'JD SETrnm PRll'IA FACIE LIEI1S IN SUCH DISTRICT; THE CPIARGING OF VIOLATIONS HERff:UNDER AND PRO- VIDING FOR PUNISHHENT FOR VIOLATIONS HEREOF. C"J ~ .,...., < < :.:e Notion by Commissioner Brown, seconded b;y- Commissioner Halbert, that Ordin- ance No. 744 regulating the speed of vehicles on streets in a school dis- trict be passed and approved as read. Voting Aye:. Voting No: Hayor Hammond; Commissioners Brmm, Davis, Galbraith and Halbert None The following letter from W. F. Spencer~ Treasurer, West University VolUllteer Fire Department was read to the Comraission: r-rr. 1[.[. F. Johns on, CitylVJBnager I have been appointed by the l,.'Jest University Volunteer Fire Department to ask the city to contribute to the Firemen's Pension Plan study corrnnittee. This committee intends to make a study of all Firemen's Pension systems throughout the state to determine whether or not the system should be continued, and if so, on what basis. The committee has asked fire departments to contribute on the basis of $3.00 perman to pay for an actuarial study to be made in the near future. The date of October 1, 1958 has been set as the closing date of the drive for contributions. The amount to be contributed by this city's fire department is $96.00, ~'Thich is 32 men at ;!r3.00 per man. The West University Volunteer Fire Department respectfully requests that the city bear this e~~ense. Yours veY~ truly, (s) -(d. F. Spencer, Treasurer, !jJU Volunteer Fire Department Motion by Commissioner Halbert, seconded by Conmlissioner Davis, tlmt the city contribute $96.00 to the Firemen's Pension Plan study Cor~nittee to help pay for an actuarial study as requested by the v'lest University Volunteer Fire Depa rtment. Voting Aye: Voting No: Hayor Hammond; Commissioners Brmm, Davis, Galbraith and Halbert None l'Iinutes of the meetings of August 25, and September 8, "',-Jere read and approved as corrected. 216 With no further business to come before the Cor,1ffiission at ~his tline, upon motion duly made, seconded and carried, the meeting i-JaS recessed. The City Commission convened in recessed session on September 25, 1952., at the City Ha.ll, i-Jith the following members present: Hayor Ha:m.mond, presiding; Commissioners Brmm, DaVis, Ga.lbraith and Halbert. The City ~mnager and City Attorney were also present. Mayor Hanunond annolXQced that the Commission had been asked to convene at this time in compliance with Notice to Bidders duly published Ln the offi- cial newspaper, with bids to be received until 7:30 p.m. for c'oncrete curb and gutter work in connection with the pavLng of the 6300 and 6700 blocks of Westchester and Rutgers Avenues and the ,6600 and 6700 blocks of Vander- bilt Avenue. The City Manager reported that no bids had been received for the curb and gutter work. He stated that five companies had taken out plans and speci- fications on the project but had returned them stating they did not wish to submit a bid on this type of "lOrk. lJJith no further business to come before the Comm.ission at this time, upon motion duly made, seconded and carried, the meeting was adjourned. Place, ATTEST: ~ ' -~_. - S".cret rc.~ -- rH- "T-- .----.--------r . 'ii M (j.) '!-I ~ ..e:( . := 211 P..F~GUIJ~R J:JlF..ETING OF CITY COHHISSION OC TOBER 13, 1958 The City Commission convened in regular session on Monday, October 13, 1958, 7:30 P.H., at the City Hall, ~-.rith the follov>1ing members present: I:{ayor Ham.mond, presid:ing; Commissioners Davis, Brown, Galbraith and Halbert. The City Attorney and City Nanager ,,1ere also present. Commissioner Davis pronounced the Invocation. The City Hanager advised the Commission that a letter had been received from First Assist&~t City Attorney Frank Beadle of the City of Houston regarding the proposed paving of Bissonnet Street from v1akeforest to Kirby Drive and requesting Vvest University to cooperate in the iniation of the assessment paving project. The letter stated that the proposed ;,,1ork lJOuld be substan- tially the same as that to the i'1est of I,r;)akeforest, namely, two 24-foot roadl-Jays 7 inches thick, uith curbs and separated by an esplanade. The esti.r:nated tota.l cost is ~p50 ,000 with about $16,700 to be assessed the abutting property on the south side of the street in West University Place,frJith the sa_me amount to be assessed against the abutting property on the north side of the street in Houston and with about ~n6,600 remainL"lg as IICity Costll. ~'Jest University was requested to obligate itself to pay $5,000 of this f1CityCostll, and to further obligate itself to pay a:-IJl8.Xi.r:nurii of- $8 ;500 iHeveB--t, there are any f1homestead skip certificates" on the south. side of the street i.rhich have to be taken over on account of the owners refusing to sign mechanics lien contracts; but if these"homestead takeoverslt on the south side of the street amount to less than $8,500, We~t University will correspondingly increase their participation in the "City cost" item, but not to exceed $8,300 in this item. T'nis would place the City of West University's minnnltm participation cost at $8,300 with a max:Lmum cost of $13,500. .. . - Motion by COIT@issioner Davis, seconded by Comr1lssioner Halbert, that the City '}Ylanager be authorized to inform Hr. Frank Beadle .of the City of Houston that the City Cornmission i-Jill join the Cit;). of Houston in iniation proceedings for the proposed paving of Bissonnet Street from Wakeforest to Kirby Drive as outlined in Mr. Beadle's letter dated October 10; 1958. Voting Aye: Voting No: ~myor Hammond; Commissioners Brown, Davis, Galbraith and Halbert None . 11r. Ralph C. Peterson, 6420 Wakeforest, appeared before the Con~ission protesting the speeding of automobiles on ~'Takeforest Street and reques ted addi tional IlSTopn signs be installed. This matter vJas referred to the Chief of Police for study and recownendation. Mr. Peterson also stated that the area of Wakeforest and A11napolis was very bad about flooding each time it rains and asked if the storm sewers could be checked to see if the condition could be remedied. The City Manager was instructed to look into the situation to determine if something could be done to promote better drainage. In accordance with action taken by the Cownission on June 23, 1958, plans and specifications from the City of Houston for a proposed roadway across 60 x 130 feet of . ,the city's outfa.ll di tell extending from the 4200 block on Dellaire l'c'.c"c'.~'~"."""~'""'.----r'" '-.. " .-.., o 1 ~. 4& ~ \.-.. Boulevard to Brays Bayou were reviewed. The City Engineer stated he had studied the plans and specifications and in his opinion the proposed crossing at the drainage ditch would be constructed ina manner to avoid a bottleneck for storm waters and drainage would be improved. Notion by Commissioner Brmm, seconded by Commissioner Galbraith, that l"Iayor Hanrrrrond be authorized to execute an agreement on behalf of the City of west University Pla.ce dedicating a 60 x 130 foot strip or 7,800 square feet out of the city's outfall dit9h in the P. W. Rose Survey in Houston, for exten- sion of North Braes,-JQod Boulevard. Voting )'0'e: Voting No: Nayor Hammond; Corrrrnissioners Brown, Davis, Galbraith and Halbert None The City }1anager'recommended to the Commission that Hr. ~J. T. Henderson, Jr., 4213 Marquette Street be appointed as Water and Sewage Superintendent. Motion by Corr~issioner Galbraith, seconded by Conmissioner Davis, that Mr. W. T. Henderson, Jr., be appointed Water and Sewage Superintendent. Voting Aye: - Mayor Hammond; cornmissioners Brown, Dairis, Galbraith and Halbert Voting No: None Ordinance No. 745, captioned as follows, was submitted to the Co~nission and read in full: ~!- * Motion by Commissioner Halbert, seconded by Conooissioner Davis, that Ordinance No. 745, amending Ordinance No. Ill, permitting resubdivision of Lot 6, Block 24, 1JJest University Place 1st Addition into two 50 x 150 foot lots, be passed~nd approved as read. Voting Aye: Voting liJ'o: J:fayor Hannnond; Commissioners Brown, Davis, Galbraith and Halbert None .., ,,~ ~~ 'I.. AN ORDINANCE FUmIHG AND DE'IERi.'1nHNG TI1AT EACH AND ALL OF THE PROCEEDINGS HAIlE BEEN HAD AND ALL THINGS DONE PREREQUISITE TO THE HOLDING OF A YLJBLIC HEARING 1D CONSIDER T.dE AHENDD~G OF ZONDlG ORDINANCE NO. 111 OF THE CITY OF (r:!EST UNIVEHSITY PLACE, TEXAS, SO AS TO PEBl"lIT THE RESUBD IV IS ION OF LO T 6, BLOC K 24, It.!EST UNIllERSITY PLACE FIRST ADDITION INTO TiJ'JO (2) IDTS, EACH LOT BEING 50 x 150 F'EET; APPROVING AND ADOPTING THE PEPORT AND RECO:iYI- NENDATION OF T}n~ ZONING AND PLANNING BOABD THAT OHDINANCE NO. 111 BE Jlj'IENDED SO AS TO PERl'HT THE RESUBDIVISION OF THE SAID LOT; FINDING THAT ORDINANCE NO. 111 OF THE CITY OF 1..JEST mUVERSITY PLACE SHOULD BE lliv1ENDED SO AS TO PEHNIT SUCH RESUBDIVISION; PlilENDING ORDINANCE NO. 111 RESUBDDJIDING Tli'E Sjl~ID lDT; AND PROVIDDm AN EFFEC TIllE DA'I'E. Ordinance No. 746, captioned as follows, was 'submitted to the Com~ission for consideration and read in full: r ~-----T-~-' '--'.rc,<-- - _~~~_~~<.~,"~~'m r=-O'-i-~'-"--' -,., 219 AN ORDINANCE AHElIIDING SEC'I'IONS 1 AND 2 OF ORDIf.:fANCE NO. 729 1rJHICH ADOPTED A BUDGET FOR 'lb'E FISCAL YEAR BEGINNING JAr-mARY 1, 1958, }\lJD El'IDnm DECEHBER 31, 1958. Motion by Commissioner Brown, seconded by Commissioner Galbraith, that Ordinance No. 746, amending Ordinance No. 729, which adopted a budget for the fiscal year beginning Janua~J 1, 1958, and ending December 31, 1958, be passed and approved as read. Voting Aye: Voting No: Nayor Hammond; Commissioners Brown, DaVis, Galbraith and Halbert None ~ c.r: 'l'-l < ~ t:i:: In compliance with action by the Comnlission on September 22, a recommendation 'ltJas submitted from the v\Tater Superintendent and City HaIl.E.ger that the JIleter Repair Service, 323 Engel Street be permitted to purchase 76 used 5/8 x 3/4 inch Watchdog water meters from the city at $3.75 each and 100 water meter register box covers at 50~ e~ch in accordance with their bid submitted Sep- tember 22. Notion by Corrrrnissioner Galbraith, seconded by Commissioner Da.vis that the Meter Repair Service be permitted to purchase 76 used Watchdog water meters from the city at $3.75 each and 100 water meter register box covers at 50~ each in accordance with their bid submitted September 22 as recommended by the ~1Tater Superintendent and City lVianager. Voting Aye: Voting No: JYlayor Hammond; Commissioners Brown, Davis, Galbraith and Halbert None The City Commission unanLmously agreed that action should be taken to collect the paving assessment against Lots 11 & 12, Block 11, Virginia Court since the property is in the process of changing ownership. The City fmnager was author- ized to refer this matter to E. E. Tmmes, Jr., PavingAttorne~T, for collection. Ninutes of the meeting of September 22, 1958, were read and approved as corrected. lrJith no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting was adjourned. ATTEST: ~T""<m""~."~T r" ' ""'~,~~,~,.~'." 1 220 REGULAR HF.ETING OF CITY COEHISSION OCTOBER 27, 1958 The City Commission convened in regular session at the City Hall on Honday,- October 27, 1958, 7:30 P.N. vJith the follovJ:ing members present: Hayor Pro tem Galbraith, presiding; Commissioners Brown, Davis and Halbert. The City Attorney and City Nanager -Ivere also present. Nayor Hariunond was absent. Commissioner Halbert pronounced th~ Invocation. In compliance with Notice to Bidders duly published in the official newspaper of the city, bids received for remodeling an abandoned filter at 'we sewage disposal plant for a storage building 'iJere opened and results announced as follows: Harmnond Construction Company Commy.Contracting Corp. Hervy Hall Contracting Co. Donald\rJ. Pung Brown & Root ~~6 , 265 .00 5,942.00 6,090.00 6,605.00 7,320.00 Motion by Commissioner Davis, seconded by Cormnission8r Halbert, that bids received for remodeling an abandoned filter at t.~e se"\>Jage disposal plant for a storage building be referred to ,the City Manager and City Engineer for tabulation and recommendation. Voting Aye: Voting No: Mayor Pro tem Galbraith; Commissioners Bro-r.-m, Davis and Halbert None Mrs. H. H. Taft, 3614 Tangley, appeared before the Conm:ission regarding an unusually high water bill for the months of August and September amounting to approximately $172.00. Hrs. Taft stated that an adjustment offered by the City }~nager was not satisfactory and she was requesting further con- sideration of a larger adjustment by the City Commission. It .hVas the opin- ion of the City Manager that 1/3 of the total bill in excess of the $1.50 min:iJnum monthly charge was - a fair adjustment inasmuch as them-mer, :Hrs. - Maud Hitson and the tenant, Mr. Taft, had been notified of the leak and that a large responsibility rested with the owner, Mrs. Hitson, as the leak appar- ently existed prior to the Tafts moving into the home. Hrs. Taft Has of the opinion that the city should make an adjustment due to the fact she was not notified of the leak Hhen it hVaS detected by the 'vTater Department. After considerable discussion the Commission agreed to adjust the bills for the month of August and September by 1/3. Preliminary plans and specifications for improvements to ST.rJitch gear and electrical equipment at the "Jater plant for the purpose of saving on the city's electrical power cost were submitted by the City Engineer. It was explained that this vwuld require the installation of n6\-1 switchgear, three across the line starters and capacitors to correct the power factor, and in all probability the money which will be saved in a period of three years by a reduction o;fi pm'Jer 1rJOuld amortize the cost of the new capacitors. Author- ization ,>..as reqJ,ested to employ Electrical Engineer Blackman for the sum of ~~175 .00 to assist in preparing plans and specifications on this project. I -/ - ---"-"--"~--I r- -----~-~-----r------------~-r M O'J ~ ~ 4(f ~ 22t. Motion by Commissioner Brown, seconded by Commissioner Halbert, that Electrical Engineer B. E. Blackburn be employed for the sum of :n75.00, and final plans and specifications prepa.red for improvffinents to switch gear and electrical equipment at the water plant in accordance with preliminary plans and specifica- tions submitted and the City Manager instructed to advertise for bids to be received on this project until 7:30 P.M.,November 24, 1958. Voting Aye: Voting No: ~fuyor Pro tern Galbraith, Commissioners Brown, Davis and Halbert None Resolution 58-16, as follovJs, was submitted to the Commission and read in full: \fHEREAS, the City of -V'lest University Place, currently, has capital available in the General Fund, 1rJa ter-SevJer Fund and Storm SelfJer Fund which will not be required for operating e~~enses until the next fiscal year; and lrJHEREAS, it is deemed to be to the best interest of the City that such funds be placed in a time deposit investment in order to earn additional revenue in the forra of interest for the operation of the city; and ~"JIiEREAS, the present bank balance, the average monthly income and expenditures of these funds, as anticipated until maturity of this investment, will preclude a fund deficit; NOH THEREFOFE BE IT RESOLVED BY 'lli""E CITY CONHISSION OF THE CITY OF ~.JEST UNIVERST'lY PLACE, TFXAS, that the City T".ceasurer is hereby directed to invest funds amounting to: $20,000.00 @ 37b for a period of 12 months from the General Operating Fund; $15,000.00 @ 3% for a period of 12 months from the Water-Sewer Fund; $1,410.64 @ 3% for a period of 12 months from the Storm Sewer Fund, in the University State Bank. Hotion by Commissioner Halbert, seconded by COfnrnissioner BrONn, that Resolu- tion 58-16 directing the Oity lreasurer to invest funds amounting to $20,000.00 from the General Operating Fund, $15,000.00 from the Water Sewer Fund and $1,410.64 from the Storm SeHer Fund in the University State Ba:nk. for a period of 12 months at 3% be passed and ~pproved as read. Voting Aye: Voth:g No: Mayor Pro tem Galbraith, con~issioners Brovm, Davis and Halbert None The 1958 Tax Roll sho",Jing the valuation of land in the City of ':Jest University Place at i~8,617 ,979, improvements valued at $16,386,937 amounting to a total of ~i;25,004,916 ",lith taxes amounting to $445,087.50 was submitted for approval by the City Commission. Motion by Corr~issioner Davis, seconded by COillrrlissioner Brown, that the tax roll for the year 1958, be accepted and approved. Va-Ling Aye: Voting No: Hayor Pro tern Galbraith, Commissioners Brmm, Davis and E8.1bert None 1",- 222 The City ]Vlanager requested approval from the Commission to initiate a plan for the sale of season swraming pool tickets on an installment basis be- ginning January 1, 1959. Motion by Commissioner Brown, seconded by Cormnissioner Halbert, that approval be granted the City Iv'lanager to initiate a plan for the sale of season SHim- ming pool tickets on an installment basis. V oting A~Te: Voting No: l1ayor Pro tem Galbraith; Commissioners Brown, Davis and Halbert None Ordinance No. 747, captioned as follo't-Js, "\vas submitted to the Commission for consideration and read in full: AN ORDINANCE ANENDING OHDINANCE NO. 743 OF THE CITY OF ~'JEST ulH- VERSITY PLACE, TEXAS, CALLING AN ELECTION IN SAID CITY ON THE 4th DAY OF NOv~1BER, 1958. lVIotion by Cornmissioner Davis, seconded by Commissioner Halbert, that Ordinance No. 7u7, amending Ordinance No. 743, calling an election on the 4th day of November, 1958, be passed and approved as read. Voting Aye: Voting No: Nayor Pro tern Galbraith; COIll..rnissioners Br01m, Davis and Halbert None Ordinance No. 748, captioned as follows, itJas submitted to the Commission for consideration and read in full: AN OHDINANCE EHPWYING PAUL STRONG 'IT) REPRESENT THE CITY OF v.iEST lJ"'NIVERSITY PLACE, TEXAS, AS ITS A TTORrifEY IN THE TRIAL CO URT IN THE CASE OF GEORGE E. j:.1ARSH1\LL, ET AL, PL.UNTIFFS vet. THE CITY OF 1rJEST UN IilERSITY PLACE , TEXAS, DEFENDANTS NO. 512909 IN Tli""E 151 ST JUDICIAL DISTRICT COURT, OF F.JI.RRIS COUNTY, 'IEXAS, AND FL'<:TIiJG HIS COJ'.'1PEHSA TION THEREFOR. Motion by Commissioner Brown, seconded by Cormnissioner Davis, that Ordinance No. 748, employing Paul Strong to represent the City of West University Place as its attorney in the trial court in the case of George E. Marshall, et al, and fixing his compensation therefor, be passed and approved as read. Voting Aye: Voting No: Mayor pro tem Galbraith; Commissioners Brown, Davis and Halbert None Cit.yEngineer E. N. Shepard submitted plans and specifications Hhich had been redesigned for rebuilding approximately 1640 feet of new curb and gutter in connection with the repaving of the 63 and 6700 blocks or Westchester and Rutgers Avenue and the 66 and 6700 blocks of Vanderbilt Avenue inasmuch as no bids were received on the proposed plans to raise the curb and gutter on. this project by means of hydraulic jacking. It was estimated that the cost of reguilding the curb and gutter would amount to approximately $2.50 per lineal foot. Ordinance No. 749, cavtioned as follows, was submitted to the Co~~ission for consideration and read in full: b~_ r"'=~':~=~~==~ __ _.L __n .~~".=,,=o>:=~'_==-=='=,.-~:c, __-1'---- ~ ~ .,..... ~ <t :c AN OHDINANCE APPROVIHG AND ADOprrING REVISED PLANS At-ill SPE:CIFICA'l'IONS Fa R Th""E nvIPRO V&:lENT 0 F Section 1. 1iJESTCI-t:ESTER AVENUE BETIpJERTIJ UNIVERSITY BOULEVARD AND Du.KE STREET Section 2. ~'J"ESTCHESTER AVENUE BE'I'Vv'EEN CASON STEBET AND BELLAIEE BOULEVAIID Section 3. EUTGEPB AVENUE BE']},i'EEN UNIVEESITY BOULEVARD AND DUKE STREE'I' Section 4. RU'ffiERS A i.TENUE BETiiJEEN CASON STREET Al'ill BELLA-IRE BOULEVARD Section 5. VANDERBILT AVENUE BETI'JEEN CAPJmGIE STREET AtJ-:D BELLlURE BOULEVARD HERE'IDFORE ORDERED Il\lPROVF.-J); PROVIDING THA T SAID REVISED PLANS AND SPECIFICATIONS SHALL, IN ALL THIN"GS, SUPERSEDE AND BE SUBSTITUTED FOR AND IN LIEU OF PLANS AND SPECIFICATIONS APPROIlED AND ADOPTED FOR SAID ]}'IPIDVEHENTS IN AND BY OHDINANCE NO. 742, PASSED AND ADOPTED SEPTEHBER 8, 1958; AHEl'illTIJG SAID ORDINANCE NO. 742 TO THE EXTENT STATED AIm' PROVIDING TF..AT SAJViE OTHERWISE REKA.INS IN FULL FORC"E AND EFFECT, AS SO MIENDED: DIRECTING AND REQUIRING THE ENGINEE.."R. FOR 'lli""E CITY 'ill PF.EPARE A Nro{ ESTUiATE FOR THE COST OF SAID IIvlPROVUIE:NTS AND DIREC TING THEC ITY SECRETARY TO ADVERTISE FOR BIDS TO BE RECEIVED AND FILED 1HTHIl.\T THE TIHEPROVIDED; AND DECIJ-iRUm AN Et'1ERGENCY. Motion by Commissioner Davis, seconded by Commissioner Halbert, that plans and specifications for rebuilding 1640 feet of curb and gutter in connection with the repaving of Westchester, Rutgers and Vanderbilt Avenues be approved and Ordinance No. 7h9 be passed and approved as read with the City Secretary to advertise for bids to be received on this project until Novenlber 24, 1958, 7:30 P.H. V otingAye: Voting No: lilayor Pro tem Galbraith; Commis(3ioners Brmm, Davis and Halbert None Minutes of the meetings of September 25 and October 13, 1958, were read and approved as correct.ed. ~{ith no further business to come before the Co:rmnission at this time, upon motion duly made, seconded and carried, the meeting was adjourned. ~c~ Place, Texas P.. ~;TEST: ......j . (--2"' / ~fk#'dIJ~ J ... r~~'C'""~""""'''''----:rr-----'-'-'-r'''~-'''' ."""..~...._._,,. ...".----. :1---- 223 .. 224 SClIEDULED I.mETING OF CrT'! COhNISSION NOVFNBER 6, 1958 The City Cori'1.,'nission convened in ascheduled meeting at the City Hall, on Thursday, November 6, 1958., Hi th the follo1idng members present: Hayor Pro tern Galbraith, presiding; Cormnissioners Davis, Brown and Halbert. The City ~funager ~nd City Attorney were also present. Mayor Hc.Ii~ond was absent as he was out of the city. Mayor Pro tem Galbraith announced that the meeting was called for the purpose of canvassing returns of the General City Election held November 4, 1958, for the purpose of electing a ~fuyor and four Cormnissioners. The three precinct judges! official returns were submitted to the Con~ission, whereupon, after inspection of the poll and tally lists by the City Conrrnission it appeared that the returns submitted by the precinct Judges were in order. Resolution 58-17 was submitted to the Commission for consideration and read in full: A RESOLUTION CANVASSING THE RETURNS OF AN ELECTION IN THE CITY OF 1rmST ill'iiIVERSI1'Y PLACE, TEXAS, HELD ON NO\j~I\I[BER 4, 1958, liDR THE PURPOSE OF ELECTll'W A fiIAYOR AND FOUR Cm.n'1ISSIONERS OF SAID CITI; DECLARING TB-:E RESULTS OF SUCH ELEC TION AND CERTIFYThTG SUCH RE~ SULTS. vJB~RR4S, in accordance with the Charter of the City of West University Place, Texas, the General Election Laws and Ordinance No. 743 of the City of vJest University Place, Texas, a general City election l-JaS held in the City of v>Test University Place, Texas, on November 4, 1958, for the purpose of electing a Nayor and four Commissioners; and WHEREAS, in accordance with the terms and provisions of Article 8.29 of the Election Code (.Acts 1951, 52nd Leg. P. 1097, Ch. h92, Art. 111) the managers of the election have made out, signed and delivered in a sealed envelope, the returns of said election together with the poll lists and tally lists, to the Hayor and City Commissioners of the City of West University Place, Texas; and irJEEFEAS, the Hayor and City Commissioners of the City of 'IJest Univer- sity Place, Texas, in Special Session assembled on November 6, 1958, have opened and examined the election returns and have canvassed the result~ thereof in accordance with Article 8.34, Acts 1951, 52nd Leg.., p. 1097, ChI 492, Art. 116, en d as a result of such examination and canvass, said Mayor and City Cormnissioners find that at such election the following votes were cast: Votes Cast in Precincts Name 'VJesley R. Brmm Wm. K. Greenlief Joe Poener ehas. CartTiJright A. K. Korn Geo. ~hlliarns E. R. Davis Nayor Hayor :Hayor Hayor Hayor Hayor Commis s ioner No. 183 1053 No. 133 726 1 1 No. 87 695 Total 2474 1 1 1 1 2 2tJ-~O 1 1 1035 720 685 -'~~~--~--T7~~~_--~------~~-~~------,----"- - ~ ------ -..---~-------~---.-~- --------rr CfJ 0":) l"""'l ,~ .et :c 225 Wm. T. Lutz N. C. Halbert Stuart L. Lai'nkin Tom Kelley Commissioner Cormnissioner Commissioner Commissioner 1026 1025 1038 680 677 692 2427 2421 2445 1 721 719 715 1 and, vfHEREAS, as a result of such election, it appears that Wesley R. Brown with a total nlli~ber of 2474 votes cast for hLm was elected Mayor of the City of West University Place, Texas; and E. R. (Ed) Davis with a total number of 2440 votes cast for hi.r:n, and .Hilliam T. (Bill) Lutz, Jr., with a total number of 2427 votes cast for him, and Haurice C. Halbert, vJith a total number of 2421 votes cast for hlin, and Stuart L. Lamkin, with a total number or 2445 votes cast for h:iJn, have been elected Commissioners of the City of Nest University Place, Texas; NOVI, THEREFORE, BE IT RESOLVED BY 'JJIE CITY COExlISSION OF THE CITY OF v'ffi;ST UNIVERSITY PLACE, 'TEXAS: that, 1. The official results of such election shall be, and they are hereby declared, pursuant to canvass of the returns of such election by the Nayor and City Commission to be that: Wesley R. Brown was elected Mayor E. R. (Ed) Davis Has elected Commissioner William T. (Bill) Lutz, Jr., was elected Commissioner I:1:aurice C. Halbert vJas elected Commissioner Stuart L. Lamkin was elected Commissioner of the City of West University Place, at the said election. 2. An executed copy of this Resolution shall be delivered to each vJesley R. Brown, E. R. Davis, irJilliam T. Lutz, Jr., J':Iaurice C. Halbert, and Stuart L. Lamkin as his Certificate of Election, and duplicate copies hereof shall be delivered to the City Secretary of the City of West'University Place, Texas, and the County Judge of Harris County, Texas, and the Secretary of State of the State of Texas, as provided by lali>J.. Motion by Cowmissioner Davis, seconded by Commissioner Halbert, that Resolution 58-17 canvassing returns of the election held in the City of West Universivj Place for the purpose of electing a Mayor and four Conrrnissioners be passed and approved as read. Voting Aye: V otLl1g No: JYIa.yor Pro tem Galbraith; Cot:>Jllissioners Davis, Brmm and .Halbert None With no further business to come before the Conmission at this t:iJne, upon motion duly made, seconded and carried, the meeting Has adjo;J-yned. ~~~ F P t .0 '. '.!- f". -'- U' 't nayor ro em, luY 0_ ~esu nlverSl y Plact, Texas ATTEST: - T~~=':~~~:-:~:...-~.- 22.{1 REGULAR l'JIE:E:TING OF CITY COlifrUSSION NO "lET'mER 10, 1958 The City Commission convened in regular session at the City Hall, 7: 30 P.N. Honday, November 10, 19.58, Hith the followmg members present: JYIayor Pro tem 9-a.ilibraith, presiding; Cornrnissioners Davis, Brmm and halbert. The City Manager'and City Attorney were also present. ~Iayor Hlli(~ond was absent as he was out of the city on company business. The Invocation ~.Jas pronounced by Commissioner,;Brown. The City Narlager recorn:mended to the City Cornmission that aC1j~on be taken to install 1NJO booster pumps at the water plant, one of 1500 gpm capacity to replace one which is more than 23 years old and a 1000 gpm capacity to replace one which is worn out and is of insufficient capacity. ~~. Johnson and the City Engineer explained that this was one of the items approved in the five year lllprovement program which was adopted in 1956, and the installation of these two new booster pumps would increase pumping cost to a slight degree. Mayor Har~lond arrived at this time, and upon his request Mayor pro tem Gal- braith continued to preside. Motion by Commissioner Davis, seconded by Co~missioner Brown, that plans and specifications for one 1500 gpm capacity booster pump and one 1000 gpm capacity booster pump for the water plant be approved and the City Manager instructed to advertise for bids to be received until 7:30 P .1'1., December 8, 1958. Voting Aye: Hayor Protem Galbraith; Commissioners Brm'm, Davis and Halbert and :Mayor Hammond. Voting No: None In accordance with action taken by the City Commission on October 27, 1958, a tabulation of bids received for remodeling an abandoned filter at the sew- age disposal plant for conversion into a storage building was submitted with a recommendation that the bids be held for further consideration due to the unusually high difference betHeen the engineers estlllate and the bid price. The fact was brought out that the engineer's estimate was $3,100.00 against the low bid price of $5,942.00. Motion by Mayor Harrmond, seconded by Comraissioner Brown that further considera- tion be given the pids received with a recow~endation to be submitted at the next regular meeting of the City Corr,mission. Voting Aye: Hayor Pro tern Galbraith; Corrunissioners Brown, Davis and Halbert and Mayor Hammond. Voting No: None 1\ 1 AttAr was received from the irJest Unj_versit;y- Garden Club advising they were interested in promoting a program to beautify and clean up the corununity and stated they lI1j>lould like to see a la..1 enacted that vJOuld prohibit and allow for prosecution of persons who deliberately cast l~bbish or litter from their cars or vehicles on either private or vacant lots. II The City Hanager explained that Ordinance No. 256 prohibits such act and provides a penalty. The Garden Club also stated in their letter that they !I'Hould like to see receptacles placed at ---~T':--~:'"~~=:-.::::'.:,"CC=-----:==-._._.~_.~_.._~.~._,~'r-:- = C'"J OJ M ~ < ~ 227 the bus stops in our cornmunityll, and also they uHould desire the cooperation of the public schools to stimulate the school childrens participation in keeping our streets free of litter.1t Motion by COITmlissioner Brown, seconded by Mayor Harrrrnond that the City Manager be instructed to ~-Jrite a letter of commendation and appreciation to the ~vest University Garden Club for the good work they are doing and advise them of the present ordinance prohibiting rubbish or trash being placed on private or vacant lots and that the Cow~ission will be glad to assist in any way possible within reason in their program to keep our Corrnnunity clean and beautiful. Voting Aye: Hayor Pro tern Galbraith; Commissioners Brmm, Davis and Halbert and flIayor Hammond. Voting No: None Resolution 58-18, as follov>JS, "vJaS submitted to the Connnission for considera- tion and read in full: WnEREAS, the City of West University Place, currently, has capital available in the Tax Collector Fund which will riot be reouired for operating expenses until the next fiscal year; and WHERF....AS, it is deemed to be to the best interest of the City that such funds be placed in a time deposit investment in order to earn additional revenue in the form of interest for the operation of the City; and \rJH.EREAS, the present bank balance, the average monthly income and expenditures of these funds, as anticipated until maturity of this investment, will preclude a fund deficit: Nm..r, THEREFORE BE IT RESOL\IED BY TITE CITY CONfESSION OF 'llm; CITY" OF ,,-JEST UN IVERS I TY PIA CE , 'IEXl\S, that the City Treasurer is hereby directed to invest funds amounting to: $60,000.00 @ 3% for a period of tv.Jelve months from the Tax Collector Fund and $40,000.00 @ 2~ ~. for a period of six months, in the University State Bank.' Motion by ~~yor Harr~ond, seconded by Commissioner Davis, that Resolution No. 58-18, directing the City Treasurer to invest funds amounting to $60,000.00 for a period of 12 months at 3% and $40,000.00 for a period of 6 months at 2~% from the Tax Collector's Fund, be passed and approved as read. Voting Aye: Mayor Pro tem Galbraith; Commissioners Brown, Davis and Halbert and Nayor Hammond Voting No: None Plans for installation of additional traffic signal material at the intersec- tion of Hice Blvd. and Buffalo Speedl'IaY at an estimated cost of~p480.60 "Here presented to the City Conmlission. Installation of the additional signals was deemed advisable due to the traffic hazard and the nu.i11ber of accidents at this intersection due to the cross traffic in making left hand turns. ~~~ ". [- "1 if' 228 Motion by Commissioner Halbert, seconded by Cow~issioner Brown, that installa- tion of additional traffic light n~terial be considered as reco~~ended by the City Engineer and City Manager. Voting Aye: Hayor Pro tern Galbraith; Commissioners Brown, Davis and Halbert and :fv1ayor Hammond. Voting No: None The City Manager reported that he had been working with the Engineer of the Harris County Flood Control District in an effort to obtain their assistance in cleaning and maintaining the Academy Street drainage ditch and that the Harris County COlmaissioners Court had made a motion in their regular session of Thursday October 16, 1958, directing ~he Harris County Flood Control District to maintain the drainage ditch provided the right-of-way along the ditch is transferred from West University Place to the Harris County Flood Control District. Records of the city indicated~hat the city had, on the 5th day of October, 1942, granted this right-of-1rJaY to Harris County. The City H8-TJ.ager was instructed to determLDe if the right-of-way had been recorded in the deed records conveying the drainage ditch to Harris County and if so to advise the Commissioners Court and Flood Control District Engineer. ,c_ Hinutes of the meetings of October 27 and November 6, were read and approved as corrected. With no further business to come before the Cow~ission at this time, upon motion duly made, seconded and carried, the meeting was adjourned. ~~,~~ Place, Texas ' ATTEST: ~{l~ City secr~ r-- ~-~---T'~c.".".._C~,~,,~,,"'~"="'---'--,"-',-.""- --'''1-- C"J 0':) """" ~ <t :e 229 SPECIAL filEETnm OF CITY COEEISSION NOVElvIBER 13, 19.58 The City Commission convened in Special Session at the City Hall on Thursday, November 13, 1958, 7~30 P.M., for the purpose' of installing the newly elected City Commission 1>rith the following members present: Hayor James 1\J. Ha.mmond, presiding; Hayor Elect 'desley R. Brown; Commissioners Cecil Galbrai th,E. R. Davis and H. C. Halbert and Commissioners Elect Stuart L. Lamkin and 1-Jilliam T. Lutz, Jr. The City Hanager was also present. The Invocation was pronounced by Rev. Byron Lovelady, Minister of the West University Methodist Church. Mayor Hammond extended a cordial welcome to everyone present and introduced those who had served on the City Commission in prior years. Former officials Formor offieialn present were ex-Ma.yors R. G. Hyett, Cecil P. Lanmon, Edwin ~J. Morris, H. E. Terry, ex-Commissioners Dupree Holman, Paul Reeve, R. vI. Gof~, W. A. Hamlett. Mayor Harrmond introduced ~~yor Pro tem Cecil Galbraith who expressed appredia- tion for the cooperation he had received during his tenure of office and even though the four years had been busy ones he had enjoyed the pleasure of serv- ing on the Commission. He expressed complete confidence in those elected to serve during the next term. >1 Bob Casey, Judge of Harr~s County and Congressman elect was introduced by the Mayor. Judge Casey introduced each of the Conrraissioners elect and gave a brief resume of their experience and educational background, then administered the Oath of Office. flayor RawJaond presented Commissioners E. R. Davis, M. C. Halbert, Stuart L. Lamkin and William T.Lutz, Jr., who in turn made appropriate remarks concern- ing their appreciation for the confidence shown in them and their desire to perpetuate good government in West University Place. Appreciation was then expressed to the group present by Mayor Hanlffiond who stated that his experience of serving on .the City Commission had been very pleasant and he expressed his thoughts to the new Commission by stating, !IYou \>iere elected 1>rithout asking to be considered for this job. life have selected you because we found in you those traits to give our City that leadership which we want. These personal characteristics are courage, faith, tolerance, restraint, praise, good news, and a love for good people, the right people, your fello1>r citizens of \'\I-est University Place.1t Judge Casey administered the Oath of Office to ~;Jesley R. Brown, as Mayor, who was then presented to the group by Mayor Rarmnondashe relinquished the chair. Mayor Brown addressed the group present and expressed his appreciation of the t~~e of governraent in West University Place which has been recognized through- out the United States as being most unusual in that the officials elected are allovJed to serve according to their OHn cons cience and are unimpeded. l'1ayor BrO\m then introduced the City Hana.ger and asked that he in turn introduce the Department Heads and city employees vJho Here present. ~~.-'J'~'-"=-C_~'="'~--=-=-::""'''."":,''c:,,,,~:,~,--~.~-- - .~'.-C-_'..,,,,,,,"."'.,","~ --,,-,-.,-,,1. --' 230 I~yor Brown stated the first order of business in compliance with charter pro- visions was the selection of a Hayor Pro tem to serve for the ensuing two year term. Hotion by Cormnissioner Halbert, seconded by Commissioner Lutz that E. R. Davis be elected ~myor Pro tem for the ensuing two year term. Voting Aye: Voting No: :rviavor Brown; Commissioners Davis, Halbert, Lamkin and Lutz No~e Mayor Brown annoQDced that this aC~lon concluded the business for the evening and the Cor~aission would adjourn for a public reception to be held at the Community Building. West University Place, Texas ATTEST: ~~~4_J C:L-ty ecretar;y:' . r~~~~~'"~~:'" -',,1 [~'co,.~..O'~""'~~""T r----------------- 23t NINUTES OF I?EGUL1J.R J.:IEETING NOVEf'1BER 24, 1958 The City Commission convened in regular session at the City Hall on Monday, November 24, 1958, 7:30 P.M., with the following members present: Mayor Wesley R. Brown, presiding; Commissioners Davis, Halbert, Lamkin and Lutz. The City p~nager and City Attorney were also present. The Invocation was pronounced by Co~~issioner Halbert. CJ:) en 'l"'-l <( ~ :e In compliance with Notice to Bidders duly published in the official newspaper of the city, Mayor Brown, announced that bids received for furnishing switch gear equipment at the city's water plant at 3825 Milton Street would be opened at this time. The following results were announced: Powell Sales Engineering Company . . . $ 6,258.00 General Electric Supply Company. . . . 6,850.00 Graybar Electric Com~?ny . . 4,850.00 Texas Apparatus Company . . . . 4,805.72 Nelson Electric Mfg. Company. . 5,771.00 Hilson Electric Equipment Company . 4,916.00 Allis-Chalmers Company. . . . . . 6,155.00 Motion by COMaissioner Davis, seconded by CorMlissioner rtalbert, that bids re- ceived for furnishing switchgear equipment for the city's water plant on Milton Street be referred to the City Engineer and Mr. B. E. Blackburn, Con- sulting Electrical Engineer for tabulation and recomnlendation. Voting Aye1 V oting No: < Mayor Brown, Conwissioner Davis, Halbert, Lar~(in and Lutz. None Bids received for construction of curbs and gutters in connection with paving the 63 & 3700 blocks of Westchester and Rutgers and the 66 and 6700 blocks of Vanderbilt were opened and results announced as follows: iiJorthen Company . . . . . . . A. C. Construction Company .. . $.;9,840.00 10,142.50 Notion by Commissioner Halbert, seconded by Commissioner Lamkin, that bids received for construction of curbs and gutters in connection with the repaving program on Westchester, Rutgers and Vanderbilt Streets be referred to the City Nanager and City Engineer for study and tabulation. Voting Aye:' IVlayor Brmm, Commissioners Davis, Halbert, Lamkin and Lutz. VotL'1g No: None Minutes of the regular meeting of the Zoning & Planning Board held on November 13, 1958, were submitted for consideration and the following action taken: Notion by Commissioner Davis, seconded by COmJllissioner Lutz, that a public hearing be called for 7:30 P.M., December 22, 1958, to consider mnending the city's zoning ordinance to permit subdivision of Lot 1, Block 23, Hest Univer- sity Place 1st Addition into t1>JO 50 x 150 foot lots as requested by the mmer, Mr. C. B. Paris, and recommended by the Zoning & Planning Board. Voting Aye: V oting No: Mayor Brown, Cor~~issioners Davis, Halbert, Lamkin and Lutz. None L____ '~--I 'C"'--~~~~'''-~'''''':'".-=l _c~- _C~_'- =r- 232 lhe City ~mnager presented a request fr~n the Southwestern Bell .Telephone Company for reneliJal of a 20 year franchise agreement i^lhich had expired on Novernber 9, 1958. It was agreed by the ~o~~ission that the franchise should be extended for an additional 20 years, however, it was deemed advisable to discuss the matter with the Southwestern Bell Telephone Company and ask that certain sections of the proposed ordinance be changed, modified, or inserted, as follm'Js: - (1) that a section be inserted protecting the city froDl liability, (2) that section 11 be changed to establish an ending "date for the franchise, (3) that section 3 be changed to provide for the repair of a street Dillnediately after completion of repair work, (4) that an inser- tion be made in 'addition to the statement refering to the 2% gross receipts payrnent to include lIaddi tional payments in direct proportion as those re- ceived by the City of Houston," (5) that a section be inserted regarding rates in the City of irJest University Place not to exceed those charged in the City of Houston, (6) addition of a section regarding publication cost to be paid by the Telephone Company. "'- A report from the City fiIanager revealed that the city has on hand $37,000.00 WIlich can be used for the purpose of calling outstanding bonds and a sub- stantial ~lount of money could be saved on interest by so doing. Motion by GornmissionerLarr~in, seconded by COD@issioner Halber~, that the matter be referred to the Finance COD'Inittee for consideration and recomlllen- dation. Voting Aye: Voti..Y1g No: Mayor Brown~ Commissioners Davis, Halbert, Lamkin and Lutz. None A letter signed by}ir. H. H. Sexton, District Superintendent of the Houston Natural Gas Corporation requesting permission for the gas company to install gas lights "V>lithin the City of lJJest University Place liJithout first, obtaining a plumbing permit, was read to the Commission. Hr. SeXton explained that none of the cities have required a plumbing permit to connect a gas appliance because they did not actually add to the existing housepiping, and that the gas lights were installed outside and the housepiping was not cut nor the tubing run through the wall or floor. It was revealed that the city's pllli~bing code requires that a permit be obtai..Y1ed for installation of any permanent appliance and it was the opinion of the Commission that a. permit should be applied for before inotallation of gas lights. Motion by Commissioner Halbert, seconded by Commissioner DaVis, that the pro- VlSlon of the city's plumbing code requiring a permit to be obtained for installation of any permanent appliance, and the provision req1nrlng that permits be issued only to a gas fitter or licensed plunlber be adherred to and that gas lights be considered a permanent appliance. Voting Aye: Voting J'.Jo: Nayor Brmm, Commissioners Davis, Halbert, Lamkin and Lutz. None The following letter i..n regard to bids received October 27, 1958, for remodel- ing an abandoned filter at the sewage disposal plant for conversion into a storage building was read in full: '?~~3 ~@ Honorable Dayor and City Coumissioners: Bids 1rJere received October 27, 1958, for remodeling an abandoned filter ct the sewage disposal plant, for conversion into a storage building. Conway Contracting Corporation submitted the lowest bid of five bidders of $5,942.00. On November lOth, the tabulation was submitted to the Commission, with the recommendation that additional time be granted for further study and considera- tion of the project, with the thought of either abandoning the project or modifying plans to come within the budget limit. ~ m "l"""'I < ~ = . . The City Engineer has gone over the bid with a representative of tl1e Conway Contracting Corporation, and they have analyzed the bid as follows: ROOf, roofing, sheet metal Demolition, door, install door Overhead, supervision, taxes, Insurance, etc. incl. profit ~~2,356.00 467.00 51$....m $3,342.00 The suxn of $3,342.00 for placing the building in usable condition for storage purposes is $542 above the budget amount of $2,800.00. However, I believe it to be to the city's advantage to develop this much needed storage space, and in the future, to install some of the other items, concrete floors, light and heater, during the next fiscal year. (s) Whitt Johnson, City Ma~Ager Motion by Commissioner Davis, seconded by Cowmissioner Lawkin that the recom- mendation of the City Manager and City EngL~eer be accepted and a contract executed with Conway Contracting Corporation to comr~ence work on remodeling the abandoned filter at the sewage plant for a storage building for the amount of $3,342.00 as recoramended by the City Manager and City Engineer. Voting Aye: Voting No: j'-1ayor Brown, Commissioners Davis, Halbert, Lamkin and Lutz None City Manager Whitt Johnson reported that he had checked the records at the Court House and had determined that the City of West University Place had granted right-of~way to Harris County Cow~lissioners Court in October of 1942 along the Academy Street outfall ditch b~tween Bellaire Blvd. and Brays Bayou and the instru."1lent had been recorded in the deed records of Harris County. The City Hanager was instructed to advise the Commissimlers Court of the existing right-of-way. Resolution No. 58-19, as follo1rJs, l~as subrrritted for consideration and read in full: l;.JH'"EREAS, the City of ~'.Test University Place, currently, has capital available in the Trust Agency Fund and Tax Collector Fund !i1hich will not be required for operating expenses until the next fiscal year; and WHEr~.S, it is deemed to be to the best interest of the City that such funds be placed in a tline deposit investnlent in order to earn additional revenue in the form of interes t for the operation of the city; and 2 :J-,~ I I l \:JHEREAS, the present bank balance, the average monthly inc ome and ex- penditures of these funds, as anticipated until maturity of this invest- ment, will preclude a fund deficit: NOH, THEREFORE BE IT RESOLVED BY THE CITY COHHISSION OF THE CITY OF v;?EST UNIVERSITY PLACE, TEXAS, that the City Treasurer is hereby directed to invest funds amounting to: $1,000.00 from the Trust Agency Fund in the University Savings & Loan Association, $100,000.00 from the Tax Collector Fund in ten Certificates of Deposit of $10,000.00 each for six months @ 2~% interest. Notion by Commissioner Davis, seconded by Commissioner Lamkin, that Resolution 58-19 directing the City Treasurer to invest funds amounting to ~pl,OOO from the Trust Agency Fund in the University Savings & Loan Association and $100,000.00 from the T&~ Collector's Fund to be invested in 10 certificates of deposit at $10,000.00 each for 6 months @ 2~% interest. Voting Aye: Voting No: Mayor Brown, Commissioners Davis, Halbert, LarrLkin and Lutz L~ one Motion by Cormnissioner Halbert, seconded by Commissioner Lamkin, that the City Hanager be instructed to refer the letter from the State of Texas, Department of Health, regarding the appointment of a Health Officer for the City of West University Place to the city's Health Board. Voting Aye: Mayor Brown; CowIaissioners Davis, dalbert, LaTIlicin and Lutz. Voting No: ,None Minutes of the meetings of November 10 and 13, 1958, were read and approved. 'irfith no further business to come before the Commission at this ulll1e, upon motion duly made, seconded and carried, the' meeting was adjourned. Place, ATTEST: O_t. --'-'--'T'~--~~~--~-'-'c_'----:'::r'----r--'--:---~-~"---__-_r __ ------l. R.EGULAR. lIEETING OF C lTY CO]i'[f>USSION DECE11BER 8, 1958 The City Commission convened in regular session on Nonda;y-, December 8, 1958, 7 :30 P .H., at the City Hall, "itJith the follmling members present: Ivlayor Brown, presiding; Cormnissioners Davis, Halbert, Lamkin and Lutz. The City ~funager and City Attorney were also present. The Invocation was pronounced by Conrraissioner LarrJcin. In complia.nce with Notice to Bidders duly published in the official newspaper of the ci~y, bids received for furnishing and delivering two booster pumps for replacement of two existing pumps at the water plant were opened and re- sults announced as follows: Total amount bid far 1000 Gpn & 1 ~OO GPTv[ PlJmps BiddAr R. Bruce Carter Pump 6, POi'Jer Engineering Co. Fairbanks-Norse Johnson-Heyck Company Briggs "\rJeaver Company M. N. Dalmenbaum Company R. BwuceCarter Company Allied Power Equipment Comparry Southern Engine & Pump Company DeLa val Company Stewart & Stevenson Gulf Electric Hachinery Company $ 3,676.00 3,062.56 3,189.00 3,221.00 3,296.00 3,hlO.00 3,676.00 3,699.00 3,759.50 3,762.00 3,817.50 3,825.00 Notion by CO@missioner Davis, seconded by Cornrnissioner Halbert, that bids received for furnishing and delivering two booster pu~ps for installation at the water plant be referred to the City Engineer and City Manager for tabula- tion and recommendation. Voting Aye: Voting No: Hayor Brown; Commissioners Davis, Halbert, LaJi1.kin and Lutz None Nrs. S. B. Gidden, Hrs. Kercheval Nall and Brs. 1. C. Roberson, members of the V\!e~t University Garden Club and l'irs. C. J. Hebert, President, appeared before the Commission advising of the club1s proposed lILitterbugtl campaign for the purpose of cleaning andbeauti~ying the city as their project and requesting the city's cooperation. They were assuxed that the Comrl1ission would eIldorse the project 100~b and would cooperate in publicizing the campaign t1kick off" date of January 12, 1959. In accordance with instructions by the City Commission on November 24, 1958, a recommendation'rJas submitted by the City Engineer and Consult:L"1g Engineer D. E. Blackburn, that a contract be awarded to Texas Apparatus Company, for switchboard addition to the Milton Street Water Plant in accordance with sp~cifications and their low bid in the amount of $4,805.12. ~~-~._~.~- - r.. ......:=-;O--OO7.=c-"'''~.T''..1 236 Motion by Commissioner Halbert, seconded by Commissioner Lutz, tha t the recom- mendation of the City Engineer and Consulting Engineer B. E. Blackburn, be accepted and a contract awarded to Texas Apparatus Company for ST.-li tchboard addition to the Milton Street Water Plant in accordance with specifications for the amount of $4,805.12. V oting Aye: Voting No: Mayor Brown; Com~issioners Davis, Halbert, Lamkin and Lutz None The following list of 16 insurance agents considered eligible to share in the distribution of insurance commissions derived from premiums paid by the city during the year 1958, were submitted for consideration: ~'l. F. .Akin Pride Black John E. Boyd, Jr. & Sr. vk~~e L. Creekmore Ed J. Curry 14. J. Gebhard J. Paxton,Huff Charles Hughes Robert F. Hughes Ray -vI. Laird R.'B. Overstreet Seth \'J. Ramey - C. Van Berson Fred A. RhOdes, Jr. ~i. B. Ruth C. L. ifJall Gene E. Young Motion by Commissioner Lutz, seconded by Commissioner Lmnkin, that the list of 16 insurance agents heretofore considered by the City Commission be approved and authorized,to receive disbursements of insurance commissions derived from premiums paid by the city during the year 1958. Voting Aye: Voting No: Mayor Brown; Commissioners Davis, Halbert, Lamkin and Lutz None 'Ihe following letter from the Chairman of the Finance Committee viaS presented and read in full: Honorable rfuyor & City Coffim.issioners: December 8, 1958 At your request, members of the Finance Corrnnittee met on the date of Friday, December 5, 1958, at the City Hall, for the purpose of con- sidering the advisability of calling some of the City's outstanding bonds, which have a redemption clause. The City JVlanager met \-Jith the Finance Committee and it was determined the City had ~p37 ,000 available i.Yl its Sinking Fund, ~-Jhich could not be used for any other purpose than the pay1llent of principal and interest on the City's outstanding indebtedness or the calling of bonds. The Committee was assured by the City Hanager that, all of the principal and interest for the current year had previously been paid and that the $37,000 was available for the purpose of calling bonds. After considering all of the bonds with a redemption clause, it l'vas determined that t..he greatest interest cost could be saved by the City by calling the. folloHing outstanding bonds; Bonds No. 126-165, from the City of 'West University Place Street Improvement Bonds, Series 1948, totaling $37,000. By appropriate action, su'ch recoi'lmendation viaS rnade by the Finance Committee. All members of the Corrnnittee '{\fere present, with the exception of Mr. W. D. Herb. (s) O.O.Mitchell, Chairman Finance CormTlittee C":) m ,....., < <t ;:r:: 237 Motion by Commissioner Davis, seconded by Com~issioner Lutz, that outstanding Bonds Nos. 126-165 inclusive from the Street Improvement Bonds, Series 19h8, due January 15, 1968, totaling $37,000 be redeemed to effect an interest savings of $10,822.50. Voting Aye: Voting No: J:iIayor Brown; Commissioners Davis, Halbert, Lamk:L.~ and Lutz None Resolution 58-20, as follows, was submitted for the Corrunission I s consideration and read in full: A RESOLUTION EXERCISING H.ESER\IED OPTION TO REDEEJVl $37,000.00 OUTSTz.'i.NDING BONDS OF THE CITY OF 1\TEST UNIVERSITY PlACE, TEXAS, At-J'D AUTH:ORIZING THE GIVING OF NOTICE OF REDF1'lPTION ~~BEAS, the hereinafter described outstanding bonds of the City of West University Place, Texas, are redeemable at the pleasure of the City at Par and accrued interest, on the option date of January 15, 1959, or on any interest payment date thereafter; and ~ffiERR~S, the City of West University Place, Texas, has available in its Tax Revenue Sinking Fund an amount in the sum of $37,000.00 .i1hidl is considered as surplus and is not obligated or alloca.ted for the payment of principal and interest on any of its bonded indebtedness and is avail- able for redemption of the hereinafter described bonds; and 11IHERFJ\.S, the City Commission and the Finance Committee of the City have determined it advisable to call said bonds and the calling of these said bonds will effect an interest saving of approximately $10,822.50; Nm~, THEREFORE, BE IT PcESOLVED BY THE CITY CO.fvINISSION OF THE CITY OF 'lrJEST UNIVERSITY PlACE, TEXAS: That the City of West University Place, Texas, hereby elects to exercise its option to redeem at par and accrued interest on January 15, 1959, the hereinafter described bonds and the City1reasurer of the City of West University Place, Texas, is hereby authorized and directed to give proper notice, that the bonds have been called for redemption, such notice to be substantially in the following form: NO~'TCE OF Bmms CA.T,T,F.D FOR RRDRMPrrTON Notice is hereby given that the City of West University Place~, lexas, has elected to exercise its option to redeem the follovJing described Bonds in the denomination of $1,000.00 each, bearing interest at the rate of 3% % and redeemable on January- 15, 1959, or on any interest pa~aent date thereafter at par and accrued interest: HCITY OF llJEST UNlv'ERSIYi PLACE, STREET IHPRDVEI''lENT BONDS, SERIES 1948, DA.TFoD SEP~.'F,HBER 1, 1948 Aggregating - $;37,000.00 Bonds NillT.~ered 129 to 165, both inclusive, due January 15, 1968 ~-'I---":-:~:- _'_'-:'='~_.'< "~~l. " ",,-- ----..I -.-----------------,----- --. _ __I:"" 238 All of said bonds, totali:.t'lg ~i37 ,000.00 have been called for redemption on January 15, 1959, at the City National Bal1-k of Houston, Houston, Texas, (nov.1 known as the First City National Bank of Houston) where said bonds are to be presented for payraent at par and accrued interest to the date of call. Said Bonds shall cease to bear interest from January 15, 1959. By order of the City Commission of the vity of~'jest University Place, Texas. City Treasurer, City of v'Jest University Place, Texas Notion by comm.issioner Davis, seconded by Commissioner Lutz, that Resolution 58-20, authorizing the redemption of $37,000 outstanding bonds of the city be passed and approved as read. Voting Aye: ]l.1ayor Brmm; Commissioners Davis, Halbert, Lamkin and Lutz Voting No: None The Finance Committee advised by letter dated December 8, 1958, that each member ~1as submitting his resignation effective immediately inasmuch .as a new amninistration had been recently elected. Motion by Conunissioner Halbert, seconded by Cornmissioner Davis, that the resignation of members of the Finance Comrnittee be accepted in accordance with their desire. Voting Aye: Voting No: Mayor Brown; COIT@issioners Davis, Halbert, Lamkin and Lutz None The following letter from the Tax-Assessor Collector W. F. Spencer, requesting permission to charge off taxes erroneously assessed, '~.as submitted to the Commission for consideration: Honorable hayor ~ CityConm:issioners: December e, 1958 Request is hereby made to charge off the following property taxes: '1 J... John C. Emmett, 4263 South Judson, Lot 2, Block 2, College Court Place, 19L8 tax in the .?.JIlount of ~!26.50. Rev. John Paul Brmm, 2825 Albans Rd., Lot 10, Block 6, Honticello Addition. 1949 tax in the amount of $66,.48; 1950 tax in the amount of 66.48. Lot 11, Block 6, lknticello, 1949 tax in the amount of $5. 2~;' 1950 tax in the amount of $5 .,~O. Dietz Realty Company, 5410 Kirby, Personal Property - Business, 1955 tax in the amount of ~t'12,.46. W. Ii. Floyd, Architect, 2609 Sunset, Personal Property - Business, 1955 tax in the amount of ~n.. 78. , E. J. Stone, 3642 University, Personal Property - Business, 1954 tax in the amount of ~?21~36. 2. 3. 4. 5. Documents supporting these chargeoffs are attached. (8) w. F. Spencer 298 Hotion by Commissioner Lam_kin, seconded by Commissioner Lutz that Tax .Assessor- Collector W. F. Spencer be authorized to charge off taxes erroneously assessed to property mmers John C. Emmett, Rev. John Paul Brown, Dietz Healty Company, 'II. H. Floyd, and E. J. Stone, as requested in his letter of December 8, 1958. Voting Aye: Voting No: ~fuyor Brown; Com~issioners Davis, Halbert, La~kin and Lutz None Ordinance No. 750, captioned as follows, was submitted to the Con~issionand read in full: M 0".) ~ '< -e:t :0 AN ORDINANCE AUTHOlUZnm 'lEE IvlAYOR CF THE CITY OF t'lEST UNDJERSI1Y PUCE, 'IF.,xAS, 'IO El'EGUTE A DEDICATION DEED TO THE CI'YL OF HOUSTON FOR THE CON- VEYANCE OF AN EASEHENT FOR STREET PURPOSES OF 7800 SCiUARE FEET OUT OF THE P. 1:J. ROSE SURVEY FOR THE OPENING OF NORTH BRAES~'JOOD BOULEVAR]); AUTHORIZING THE DELPJERY OF SAID DEED 'IOGETHER \:HTH A CERTIFIED COPY OF THIS ORDINANCE; APPROV1NG TBE FORH AND SIJ13STi-\.NCE OF SAID DEDICATION DEED AS APPFDVl<.:D BY Tli""E CITY A TTOHNEY; AND DECMRING AN EtJIERGENCY. Motion by Co~~issioner Davis, seconded by Commissioner dalbert, that Ordinance No. 750, dedicating to the City of Houston an easement for street purposes for the opening ofN. Braeswood Blvd., be passed and approved as read. Voting Aye: Voting No: Hayor Brown; Con~issioners Davis, Halbert, Lamkin and Lut,z. None The City Engineer and City Nap.B.ger recommended to t..lte Commission that bids rece'ived: on November 24, 1958, .for construction of concrete curb a:rld gutter in connection i-Jith repaving of the 63 and 6700 blocks of 1;1estchester and Rutgers and the 66 and 6700 blocks of Vanderbilt be rejected inasmuch as they exceeded the Engineers estimate by approximately $4,000.00. Hotion by Commissioner Lutz, seconded by Commissioner halbert, that the recom- mendation from the City Hanager and City Engineer be accepted a.nd bids received for construction of curb and gutter Li'l the 63 and 6700 blocks of.~;jestchester and Rutgers and the 66 and 6700 blocks of Vanderbilt be rejected. Voting Aye: Voting No: Mayor Brmm; Corr:missioners Davis, halbert, Lamkin and Lutz. None A letter from members of the City Employees Insurance Com~ittee requesting additional aid from the city on paym.ent of premiuras for hospitalization insurance was read to the CowJnission. The letter explained that the premilrra had been increased from $3.84 to $4.14 per employee and from $7.92 to $8.85 for added dependents, making a total increase of ~~le23 per family. The city is not.] con- tributing $1.00 per month per employee. , Notion by Comrdssioner Lamkin, seconded by Commissioner Halbert, that the City pay the increase of 301 per month for each employee participating and *~1.23 per ~aonth for each family participating in addition to the $;1.QO per month per employee nOlI! contributed as requested by the Employees' Insurance Committee; -- r~~c~~~c~o.'o".~.~_~- r- .c.'.'''"'-O----~-~-''.l ,f' 240 with the understanding that 'lliis will in no way set a precedent for future negotiations for a rate increase. Voting Aye: Voting No: Mayor BroID1; Commissioners Davis, Halbert, Lamkin and Lutz. None Minutes of the meeting of November 24, 1958, were read and approved as corrected. ~hth no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting was adjourned. ATTEST: ~ k.~ C~~cretary -- . ~ ~ 2'41 REGULAR HEETING OF CITY COlViHISSIOlif DECEHBER 22, 1958 The GityCoJ11~ission convened in regular session on Monday, December 22; 1958, 7:30 P.M. at the City Hall, -vdth the follovdng members present: Hayor Brown, presiding; Commissioners Halbert, Lamkin and Lutz. The City Attorney and City Manager were also present. Commissioner Davis was absent as he vIaS out of the city. Commissioner Lutz pronounced the Invocation. Cl') 0':) 'l"""I < ..et :0 In accordance with action taken by the City COnh'1lission on November 24, 1958, and Notice duly published in the official newspaper of the city on December 3, 1958, f~_yor Brown announced. that a.public hearing was in order to consider amending the city's zoning ordinance to permit subdivision of Lot 1, Block 23, West University Place 1st Addition, into ~wo 50 x 150 foot lots as requested by the O1'l1ner JOlr. C. B. Paris, and reCOHlIllended by the Zoning & Planning Board. The Oath was administered by Hayor Brmm to City I'lanager ~Jhitt Johnson and to Hr. C. B. Paris. The City ~illnager testified, in answer to questions by the City Attorney, that application had been submitted by Mr. G. B. Paris for subdivision of Lot 1, Block 23,~vest University Place 1st Addition, to the Zoning & Planning Board who recommended to the Commission that the request be approved. The City ~'illnager also testified that a Notice of the Public Hearing was published in the official newspaper of the City and notices mailed to all property owners within 200 feet of the said lot, and in his opinion all requirements of the city's ordinance for calling a public hearing had been complied with. Mr. Paris explained to the Commission that the lot is 100 x 150 feet located at the corner of Westchester and Duke Streets and is larger than he desires for a home site. He stated that he planned to build a brick home on a 50 x 150 foot portion of the lot and perhaps sell the other 50 x 150 portion. 11e also stated that he had contacted several of the adjacent property mmers and they had no objection to subdivision of the lot. A letter from hr. and Mrs. Faul O. Bottler, 6404 Westchester, contah~ing the following statement, was read to the Commission: '~ve are definitely against granting Hr. Perry the privilege of dividing Lot 1, Block 23~ 'If he is given that privilege, can we, who are south of him, permit our daughter and son-in- law to build next to US?" The City l'Ianager was instructed to ans'wer the letter and explain to Mr. and Mrs. PaulO. Bottler that all property owners are given the same consideration when application is made for a subdivision of property. There being no further ques~loning desired and no other citizens present de- diring to be heard in regard to the application of hr. C. B. Paris, the fol- lowing action was taken: Motion by Commissioner Halbert, seconded by Commissioner Lamkin, that the hearing called to consider amend.ing the city1s zoning ordinance to permit subdivision of Lot 1, Block 23, vJest University Place 1st Addition be closed. ~'~~C"'''''~'''''''''-""'T I. - oc-:_=-_~_~='-'=~ ---r--- {'.} " q ~\~.-4A Voting Aye: Voting No: rlayor Brown; Commissioners Halbert, Lamkin and Lutz None Hotion by Commj.ssioner Halbert, seconded by Cormnissioner Lutz, that Ord~nance No. 111, be amended to permit subdivision of Lot 1, Block 23, "V-Jest University Place 1st Addition as requested by hr. C. B. Paris and recommended by the Zoning and Planning Board. Voting Aye: Voting No: Mayor Brown; Comrnissioners Halbert, Lamkin and Lutz None In compliance with aC~lon taken by the City Commission on Decerfuer 8, 1958, a tabulation of bids received for delivery of two booster pUMpS for the. Milton Street Water Plant was submitted to the Commission with a recorr~endation from the City Iv1ariager and City Engineer that the bid submitted by the Fairbanks, Horse Company, in the amount of $3,189.00 for delivery of the t1-Jo pumps be accepted as this bid was deemed more advantageous to the city than the low bid submitted by the Pump & Power Engine Company on two vIew_man pumps for a total of $3,062.56. Engineering data shoi'l7ing a comparison of pumping costs per month and efficiency for the two make of pumps was submitted for the Conmlission's consideration. Motion by COY~lissioner Lutz, seconded by Commissioner Lamkin, that the bid submitted by Fairbanks, I'larse Company for delivery of one 1500 gpm pump and one 1000 gpm pump with electric motors for a total amount of $3,189.00 be ac- cepted as recormnended by the City }1anager and City Engineer. Voting Aye: Voting No: Mayor Brown; COTIwissioners Halbert, Larnkin and Lutz None itppointment of a certified public accountant to perform the city's audit for the fiscal year begi~ning January 1 and ending December 31, 1959, was discussed. A Com:.m.ittee consisting of Commissioner Lamkin, Halbert and Lutz, ~Jas appointed by Hayor Brown to investigate the matter of employing an audit- ing firm for the fiscal year 1959, and make a recommendation at t..l-J.e next meeting of the Commission. The City Manager brought to the attention of the Comnlission the necessity of designating an official rillwspaper of the city which is required by Section 15, Article 26, of the City Charter. After considering the various eligible news- papers, the following action was taken: Motion by Com~issioner Lutz, seconded by COTIwissioner Halbert, that the Houston Chronicle and Southwest Neighborhood News section be selected as the official newspaper for the city. Voting Aye: Voting No: Mayor Brown; Cornmissioners Halbert, Lamkin and Lutz None The City ]\-Ianager advised the COm1nission that the cny had retained ~~3 ,450.20 due and O"ftJIimg the F & R Construction Company for erection of the Street Department building, as they had not furnished evidence that all of the out- standing accounts to vendors ~uho furnished TIla.teria.ls for the building had been properly' paid. He recorrnnended that this amount be placed in a special r~~:'"."....~~"~'" . C1 r.-~":'._~---~-.'.'..' _e-"''''1 243 or escroliJ account until it is determined to lj-Jhom such funds are due and payable, stating that the Anchor Casualty Company had furnished bond on this project in the amount of ~pJ4,390.00 and that it iPJas their responsi- bility to satisfy and pay all outstandi~~ bills incurred by F & R Con- struction Company. Resolution No. 58-21 as follows, was submitted for consideration and read . in full: ~ ~ 'l"""'l ~ -<f :r.:: 1;lHERF...AS, the City of v'Jest University Place, Texas, entered into a contract and agreement vJith the F ~:: R Construction Corporation on November 27, 1957, for the construction of an equipment storage building for the street department of ~aid city; and vmEREAS, prior to the completion of such construction and flilfill- ment of the contract by F & R Construction Corporation, said City has been served with notice that various Silins of money are due to various companies and individuals by F & R Construction Corporation for materials used or services rendered in the construction of said equipment storage buildL"1g; and h'HEREAS, under theter.rns of the contract bet~-Jeen said City and F & R Construction Corporation, said City is authorized to vJithhold a per- centage of the contract price, and is required by law to do so, if City receives notice that sums are due to suppliers or 'worbnen; and ~frERF~S, at the time said City received notice of the various claims against F & R Construction Corporation, there remained due -to said corporation the sum of $3,450.20 and said sum has been carried in the General F\md of said City in an account vlith the University State Bank; and l,~REAS, it is deemed expedient by t~e City Commission and to the best advantage of all parties concerned that said su~ be removed from' the General Fund of said City and be placed in a special or escrow account: :NmJ THEREFDRE, BE IT HEFEBY RESOLVED BY THE CITY Cm.rNISSIOl'J OF TIrE CITY OF v'lEST UNIVERS~'Yi PLACE, TEXAS, 1. That the' sum of ~P3,450.20, being the balance due from the Cit;y- of l,{est University Place to F & R Construction Corporation under a contract for the construction of an equipment storage building for the street department, be lrJithdrawn from the General Fund of said City nOl..J on deposit; with the University State Ba~l{ and that said sum be placed in a special account in the University State Bank and that said account shall be designated as IICity of 'Hest University Place Escrov.J Fund for Street Department Buildingll. 2. Said sum of ~s3,450.20 shall remain on deposit in the aforesaid Special Fund until it shall be la~-Jfully determined to whom such funds are due and payable. Motion by Conrrnissioner Halbert, seconded by COrrffilissioner Lutz, that Resolu- tion No. 58-21 establishing a special account in the University State Ban}~ and to be designated as "City of v-Jest University Place EscroH Fund for Street Depa.rtment Buildingll, be passed and a.pproved as rea.d. Voting Voting i:i.~Te: No: Hayor BrOit7U; COTInnissioners Halbert, Lamkin and Lutz, None '-~'T~'~~~"""~C""'''''''''''"=T''r----F~'~''''''~~''~',...'....'..~I" 24,4 Resolution No. 58-22 as follows, vms submitted for consider-a tion and read in full: BE ITRESOLVIW BY TBE CITY COlvjIHSSION OF THE CITY OF ifJES'l' UNIVERSITY PLACE, TEXAS, TB.AT: 1. The City Secretary is hereby authorized and directed to give notice through publication in the official publication of the City of West University Place, Texas, on January 7,1959, and through letters directed to three banking institutions in Harris County, Texas, that the City Commission of the City of West University Place, Texas, will receive ~Jritten a.pplications for the custody of the city's funds from any banking corporation, association or individual banker doing business in Harris County, Texas, that mBY be desired to be selected as a depository of the City of illest University Place,'1'exas. Such notice shall be published one (1) time and shall direct-any banking corporation, association or individual banker interested in being designated as depository of the City to ma~e its application with the CivJ Manager on or before 7:30 o'clock p.m., January 26, 1959, at the City Hall, 3800 University Boulevard, Houston 5, Texas. Such appli- cations shall state the~~erms and conditions ~pon which such banklllg corporation, association or illffidividual banker will handle the City's funds. 2. The City Commission reserves the right to reject any and all applications received. 3. The applications received pursuant to the notice hereinabove prescribed shall be opened at the regular Council Meeting to be held at 7:30 p.m., January 26, 1959, and at such time the City Commission shall designate the official deposit.ory or depositories for the funds of the City of West University Place, Texas, in accordance with the terms and provisions of applicable laws of the State of Texas, and provisions of the Charter of the City of ,[Jest University Place, Texas. ~IDtion by Co~~issioner Lutz, seconded by Com_missioner Lamkin, that Resolu- tion No. 58-22 authorizing and directing the City Secretary to publish notice to banking institutions that the city .Jill receive written applica- tions for the custody of city funds until 7:30 P.M., January 26, 1959, be passed and approved as read. Voting Aye: Voting No: Nayor Brovm; Commissioners Halbert, Lamkin and Lutz None The City Attorney advised the Corr~ission that he had received a notice from Attorney Paul Strong that the case entitled George E. I\farshall, et aI, vs. City of West University Place, was set 'to be heard in February, 1959. Ninutes of the meeting held on Deceniber 8, 1958, were read and approved. \.hth no further business to come before the Commission at this 1illlie, upon motion duly made, seconded and carried, the meeting was adjourned. ""~-~~-~~'~~~~"~'~=~'---f"~-~'~~~'---'-' '1