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HomeMy WebLinkAboutMinutes_1959 245 REGULAR HEETIl'JG OF CIT[ COHHISSION JANUARY 12, 19.5 9 The City Co~aission convened in regular session on Monday, January 12, 19.59, 7:30 P.M. at the City Hall, with the following memb~rs present: Mayor Brown, presiding; Commissioners Davis, Halbert, Lamkin and Lutz. The City Hanager and City Attorney were also present. Cow~issioner Davis pronounced the Invocation. ~ m ...... ~ ~ :d Minutes of the regular meeting of the Zoning & Planning Board which was held on January 8, 19.59, were presented to the Conmlission for consideration and the following action taken: Motion by Conwissioner Davis, seconded by Commissioner Lutz, that apubli~ hearing,be called for February 9, 19.59, to consider subdivision of Lots 8, 9, and 10, Block 1, Belle Court, into VdO lots of 75 & 80 feet in width, as requested by Hr. R. L. Gallaway, 2632' Bellaire Blvd., and recomm&"1ded by the Zoning & Planning Board. Voting Voting /1--;/8 : No: :Nayor Brown; COIll~issioners Davis, Halbert, Lamkin and Lutz. None. The City Engineer's Estimate No.1, in the amount of $3,342.00 from the Conway Contracting Company, for remodeling an abandoned filter for a storage building, and a reCOIllJllendation from the City Nanager that 7.5~& of the total amount be paid at this time, was submitted to tiie Comraission. Motion by Comraissioner Lutz, seconded by Comrrlissioner Davis, that the recom- mendation of the City Manager be accepted and 7.5% of the contract price, amounting to $2,506..50, be paid the Conway Contracting Compa~ for remodeling the abandoned filter for storage building at the Sewage Disposal Plant. Voting Aye: Voting No: Mayor Brown; Co~~issioners Davis, Halbert, Lamkin and Lutz. None The City Manager advised that Patrol Car No. 102 had been involved in an accident January 10, 19.59, at the intersection of University Blvd. 2nd Wes- Jayan Street. Upon instructions from the City }ill.nager, Chief H. E. Shipp had obtained three estimat~s for repairing the dmaaged patrol car, and an estimate of its trade-in value on a ne~ automobile. The following repair estimates were obtained: Mohr Chevrolet, Inc. JimJaie Green Chevrolet Jack Roach Bissonnet, Inc. ;jp233.l.5 $289.44 $292.87 It was the oplnlon of Chief Shipp that repairs were also needed to the trans- mission and that it would be more economical to trade the damaged unit off iwmediately and that delay lll. replacing the patrol car would greatly impair the efficiency of the Police Department. Jirrrrny Green Chevrolet had offered a trade-in of ~p1200, or a net difference of $778.00, for a ne"l1 1959 Chevrolet. In view of the need for continuing police service and that the loss of one polic'~'~ar'"wuld greatly :Lllpair the efficiency of the Police Department by 2.57';, 1." , --=-3 'nn~":~ [ '1 =r 246 the Mayor asked the City Attorney to give an opinion as to whether or not the Commission could legally purchase a new patrol car 1rJi thout follolioJing the Charter provisions. City Attorney, CD2rles Cockrell, stated in his opinion the Cornnission could declare an elnergency and authorize the purchase of a new patrol car if the City is in danger of inadequate police protection. Motion by Commissioner Halbert, seconded by Commissioner Larr~in, that an emergency be declared for reason of police protection of the inhabitants having been reduced and that the efficiency of the Police Department was hapaired and that a Resolution be passed authorizing the City Manager to receive three (3) informal, compet~tive bids and to negotiate for the pur- chase of a new patrol car, on the basis of the most advantageous bid sub- mitted. c Voting Aye: Voting No: Mayor Brown; Commissioners Halbert, Lamkin, Lutz and Davis None The City Manager submitted ~ne following list of additional automotive equipment needed and re~uested authority to receive bids: . 3 trucks for the Garbage Department 2 dump trucks for the Street Department 1 pickup for the Water Department 1 pickup for the Health Department 2 automobiles for the Police Department Notion by Commissioner DaviS, seconded by Commissioner Halbert, that bids be received until 7=30 p.m. February 23, 1959, for automotive and truck equip- ment as provided for in the 1959 budget. Voting Aye: Voting No: Jl1a.yor Brown; Commissioners Halbert, Lamkin, Lutz and Davis None A request was made for authority to employ a qualified person as meter re- pairman to bring the city's water meter program up to date. Justification for employment of a person for this job was deterrained by the fact that the ~'.j'ater Superintendent had changed the werking schedule to justify la~ring off two laborers if a mechanic can be employed for repairs to meters which are now being repaired by contract work. Notion by Com.missioner LaYr1.kin, seconded by Commissioner Lutz, that the City Manager be authorized to obtain the services of a qualified person as meter repairraan at a salarY not to exceed $300.00 per month in order to bri~~ the city's water meter p~ogram up to date. Voting Aye: Voting No: Mayor Brown;ComIaissioners Halbert, Lamkin, Lutz and Davis None Perrrrission for authority to advertise for bids to be received for the p~r- chase of 100 ..JClter meters., 'l:Jith an option to rmrchase an additional 100 at the same bid price, was requested. r'- .', ....^-"-:..-~~~:- 1-' r':C;-::-:-_C=""'-'co)""_CC_"_""~~::'_-O-- '''':-'"'-0-' 1 -,----"'-'-----' 247 Motion by Commissioner Davis, seconded by Comrnissioner Halbert, that the City Nanager be authorized to advertise for bids to be received until 7:30 P.M., February 9, 1959, for 100 water meters, with option to purchase an additional 100. Vo ting Aye: Voting No: Mayor Brown; Comrrlissioners Davis, Halbert, Lamkin and Lutz None The following Resolution was submitted to the Commission and read in full: M 0') .,..., <t <t ;::e WHEREAS,. the City of West University Place, current~y, has capital available in the SANITAFff SEv.JER CAPITA.L J]vIPROVEi"lENT F'lmD, FIRE TRUCK FUND AND GENERAL OPERATING FUND, lfJhich i..ill not be required for operating expenses until the next fiscal year; end ~'JHEREAS, 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 1nffiREAS, 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: NQvI, THEFI.EFORE BE IT RESOLVED FI THE CITY CQf]nS~;ImJ OF THE CITY OF 1fJEST UNIVERSITY PMCE, TEXAS, that the City Treasurer is hereby di- rected to invest funds amounting to: $3,600 from the Sanitary Sewer Capital knprovement Fund; $4,000 from the Fire Truck Fund and $20,000 from the General ~peratin~ Fund for a ~eriod of twelve months @?% and ~15,000 for a perlod of SlX months @ 22% from the General Operatlng Fund in 'the University State Bank of Houston, Texas IJlotion by Commissioner Halbert, seconded by Cornmissioner Lamkin, that Resolution 59-1 directing the City Treasurer to invest funds in the Univer- sity State Bank of Houston, Texas, be passed and approved as read. Voting Aye: Voting No: Mayor Brown; COlnmissioners DaviS, Halbert, Larr~in end Lutz. None A discussion concerning the appointment of various Boards and COlmnittees was held by the Conrrnission and the question of appointing advisory or altern8~e members arose. City Attorney, Charles COCkrell, was asked to render an opinion as to whether or not an alternate could be appoLnted to the various boards and corranittees and if they could be appointed on a rotating basis. Hr. Cockrell stated that in his opinion Boards and Com- mittees authorized by the City Charter are restricted to a specific number of members and can oruy be appointed for a definite two year term; however, the membership of the various other boards 'and committees may be rotated or appointed for any specific number of years determined advisable by the Com.n'ission. Hr. Cockrell further stated it 1.Jas his opinion that advisory or alternate members would have no vote or official authority. --<O-.;="'===---="'=='''--=~=<=t .~..~"-"C:."'~.'" 1 F ---- 248 funutes of the meeting of Decenilier 22, 1958, were read and approved as corrected. V[ith no further business to come before the Comrllission a.t this time, upon motion dnly made, seconded and carried, the meeting was adjourned. . ~..~ ~ it 0 ,rest ,U iversity Place, Texas ATTEST: ~Q~ C'i ty Secreta ' .4j~~ REGULAR J'iCEETDTG OF CITY COrj)}1ISSION JANUARY 26, 1959 The City CorMaission convened in regular session on Monday, January 26, 1959, 7: 30 P .IvI. at the City Hall, ,.Ji th the following members present: }fay. or Pro tem Davis presiding; Cornmissioners Halbert and Lamkin. The City Hanager and City Attorney were also present. Hayor Brown ,vas out of the city on company business and Commissioner Lutz was absent due to illness. The Invocation was pronounced by Cmmaissioner Halbert. M OJ M < .e1f ~ In compliance with Eesolution 58-22 and Notice duly published in the official newspaper of the city, applications received from bacl{s for the custody of funds of the City of West University Place were opened and the following results announced: An application from the First City National Bank of Houston, dated January 22, 1959, stated they would continue to handle the city's accounts along the saIne lines as they have been handled in the past. An application from the University State Bar~ dated January 21, 1959, stated their desire to handle .~e city's accounts and the interest rate which could be paid on time deposits. The application also stated they were agreeable to paying the maximum rate allov-Jed to be paid under the law, and that they would pledge high grade Texas municipal bonds, acceptable to the city, in sufficient amount to secure both time and demand deposits. ' Notion by Corrrrnissioner Lamkin, seconded by Cow,[aissioner Halbert, that the First City National Bank be designated as a depository to handle Tax Revenue Sinking Fund and the SeliJer Sinking Fund accounts and the University State Bank be designated to serve as a depository to handle all working accounts, special accounts and all others not designated to be handled by the First City National Bank. Voting Aye: Voting No: Mayor Pro tem Davis; Cow~issioners Lamkin and Halbert None Commissioner Lamkin, Chairman of a ConKaittee appointed to investigate the employment of an auditing firm for the ensuing year reported that the Com- mittee had reviewed the audit reports for the past 10 years and found that it had been the acc?pted practice to change audi~ing firms every two years, hOlrJever, the Corrrrnittee li18.S of the opinion that this practice ,vas not to the best interest of the city as an auditing fj.rm v-lill normally spend a great amount of t~le during the first year familiarizing themselves with the city's operation, history, past ordinances and resolutions. At the end of the second year they are then in a position to ma~e an adequate examination of the city! s records. Commissioner Lamkin stated that the revielrJ had indicated that Hr. Everett P. Green had performed a thoroughandit and in vielrJ of the reco~nizedfact that an auditing firm's worth to his client will lln~rove with~his tenure, the Cownittee ~ecowuended reappointment of Mr. Eve~ett P. Green as independent auditor for the year 1959. , .~ r'- "-~~'~"~~~--~~ r "'=-~-=--===-"T'3="--='''''''1 I' ilJOIU . IVlotion by Commissioner Lamkin, seconded by Commissioner Halbert,. that Hr. Everett P. Green be rea.ppointed as independent auditor for the year 1959, as recornmended by the Auditing Committee; at a fee not to exceed ~~1700.00. Voting Aye: Voting No: Nayor Pro tern Davis, Cormnissioners Lamkin and Halbert. None Resolution 59-2, as follows, was submitted to the COmITlission for consider- ation and read in,full: 1..JHEREAS, The City of lvest University Place, currently, has capital available in the IN'SUFJ-\.NCE RESERVE, HEALTH AND HATER-SEHER FUNDS Tjllhich Tjllill not be required for operating expenses until the next fiscal year; and 11fHEREAS, 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 ~rHEREAS, the present bank baIlance, the average monthly income and e~penditures of these funds, as anticipated until maturity of this investment, will preclude a fund deficit; NmJ THEREFORE BE IT RESOLVED BY THE CITY COlVirUS5ION OF THE CITY OF "(;fEST UNIVERSITY PLACE, TEXAS, that the City Treasurer is hereby directed to invest funds amounting to: $10,000 from the Insu~ance Reserve p'und; $2,000 from the Health Fund and $25,000 from the vIater Sewer Fund in the University State Bank for a period of six months @ 2t%. '. . i Motion by Commissioner Halbert, seconded by Com~issioner Lamkin, that Resolution 59-2, directing the City Treasurer to invest ftmds in the University State Bank of Houston, Texas, be passed and approved as read. Voting Aye: Voting No: Hayor Pro tern DaVis, Comrnissioners Lamkin and Halbert None The following representatives of meter companies appeared before the Commission and demonstrated their respective makes of t-mter meters: Nr. A. B. Crossman, of the Calmet Neter Company; lVIr. J. L. Bamngartner, of the Neptune Meter Company; and Mr. Harold R. Strickland, of the Rockwell Hanufacturing Company. The City Hanager advised the Commission that the follo'VJing street material would be needed for the year 1959, and requested authority to receive bids: 200 Tons Stabilized Shell 60,000 Gals. Asphalt Emulsion 300 Tons Gravel, Grade 10 900 Tons Limestone Rock Asnhalt- Grade. h Rock Asphalt- Grade 10 llColasll 250 Tons Limestone i<Iotion by Commissioner H,albert, seconded by Commissioner Lamkin that bids be received until 7:30 P.H., February 23, 1959, for delivery of street material as provided for i.YJ. the 1959 budget. r ~~ " 'o~' .... ~l ,_m 251 Voting Aye: V oting No: H8.yor Pro tem Davis, Cornmissioners Lamkin and Halbert None C't'J en 'l"""l ,~ <d ::r::: Hr. Wnitt Johnson, City Hanager, stated that the city had on hand a 2000 gallon water tank mOlu1ted on a trailer and short wheelbase truck which could be converted into a street flusher to clean the city's streets for approxi- mately $1,250.00. He also stated that the 1947 model Ford truck which is being used as a leaf truck is completely worn out and this equipment could be replaced for approJcnaately $1,500.00 by transferrLDg a 1954 model Inter- national Truck from the Garbage Department and installing a new bed and other miscellaneous work. He explained that the General FUnd budget has approximately $15,000 more in surplus funds than anticipated and that an appropriation for the purpose of rebuilding this present equipment could be made from these funds. Hotion by Commissioner Lamkin, seconded by Commissioner Halbert, that an expenditure of approximately $1;250.00 for rebuilding present equipment to be used for flushing the city's streets, with no single item amounting to more than $500.00 be approved; also that the City l~nager be directed to prepare plans and specifications in order that bids might be received for necessary lli2.terial to rebuild the leaf truck; further, that the budget be amended to appropriate the necessary iV.nds for rebuilding equipment for the Street Department. Voting Aye: Voting' No: Nayor Pro tern Davis, Commissioners Lamkin and Halbert None A proposal for 'beautifying the garbage disposal ground site by planting shrubbery along the property which fronts Ruffino Road was submitted to the Commission. Informal quotations have been received from three nurseries and it was estimated that the grounds could be landscaped and considerable improvements made for the sum of $450.00. lVlotion by Commissioner Halbert, seconded by Commissioner Lamkin, tha t plans for landscaping the disposal ground site on Ruffino Road be approved and authority granted for expenditure of funds not to exceed $450.00 for this purpose and the General Fund Budget be a.mended a.ccording:i:;y. Voting Aye: Voting No: Mayor Pro tem Davis, Commissioners Lamkin and Halbert None Ordinance No. 751, captioned as folloiPls, was submitted to the Commission and read in full: AN ORDTIIJANCE Al'iENDING SECTION ONE (b) OF OFillHLI\.NCE NO. 604 OF THE CITY OF \FI}'EST UNI\TERSI'IT PLACE, REGULATING THE SPEED OF ,lEHICIES ON STREETS ;IN Tfi:E CITY OF 1,r,JEST UNI\lERSITY PLACE; PROVIDING IDR A l\.IAXI- HUM SPEED FOR NOTOR VEHICLES ON RICF1'IOND ROAD FROE 1J.'HE EAST RIGHT OF 'HAYLINE OF ACADEHY S'l'HEET 'fO THE F.JiE::T LINE OF THE RIGHT OF ~-J.AY OF THE RAILROAD TRACKS OF' THE G.H. & S. A. RAILROAD COHPANY; PRO- VIDING FeR TIlE REPEAL OF 'rHOSE ORDINANCES OR PAHTS OF OF.DmANCES IN CONFLICT HERm\TITH; AND PP.DVIDIHG TH..AT 'l'HIS OFnIN.t-.NCE SHALL BE- CONE EFli'ECTIVE TI'lHEDIATELY FROH AND AFTER 1'1';18. PASSAGE AND APPROVAL _-'---.:..1. _ __~_r---~--- :-----=<'=1 =r-u ~;l~ Notion by Commissioner Halbert, seconded by Commissioner Lamkin, that Ordinance No. 761, amending Ordinance No. 604 to provide a maximmu speed of 35miles per hour on Ric~mond Road brom the east right of way line of Academy Street to the S.H. & S.A. railroad tracks, be approved as read. Voting Aye: Voting No: fJIa.yor Pro tem Davis, Commissioners Halbert a.nd Larnkin None Chlorine needs for the year 1959 were discussed and the following'a.ction taken: :Hotion by Commissioner Lcl1l1kin, seconded by Commi,ssioner Halbert, that bids be received until 7:30 P.M., Februa.ry 23, 1959, for chlorine in 150 pound cylinders and one ton containers. Voting Aye: Voting No: X'layor Pro tem Da.vis, Commissioners Halbert a.nd Lamkin None Resolution 59-3, as follows, wa.s submitted to the Con~ission and read in full: \fHEREAS, on the lOth day of Janua~J, 1959, one of the police vehicles of the City of West University Place was involved in an accident resulting in considerable dama.ge to sai~ vehicle and rendering it inoperable and out of commission as a polic~ vehicle; and; WHEREAS, the loss of such vehicle as a patrol vehicle for the City reduced the pa.trolling vehicles of the Police Department to a. number tha.t could not in the opinion of the Dhief of Police and City Cow~ission adequately render proper police protection to the citizens of the City; and liJHEBEAS, It has been de termined by the City C Olmniss ion tha. t the da.maged vehicle be repla.ced apd put into operation liw,ediately in the interest of the safety and'tvelfa.re of the citizens and that such iF~ediate replacement creates a.n emergency: Nm'l Th'EREFORE, BE IT RESOLVED BY 11m CITY COHtvIISSION OF Tli"E CIYy OF ~JEST UNIVERSITY PLACE, TEXAS; TH.4T 1. An emergency is hereby declared to exist relative to the re- placement of the police vehicle bearing Texas eXffiupt License No. 1969 which was damaged in an accident on the lOth day of January, 1959, and that such vehicle should be replaced at the soonest possible time. 2. The City Manager is hereby authorized and directed to obtalll three informal estlirrates from reputa.ble automobile dealers and after obtaining such three estimates he shall effect the best trade possible for the benefit of the City. 3. All actions taken by the Cit;}T Iilanager in pursuance of the replace- ment of the aforesaid damaged police vehicle are hereby ratified and confirmed. r,.~c~c~'~~"'~"~'~~~OC'~-r' r' ,u, '~l----'-n- A~'~'.. Notion by Commissioner Halbert, seconded by Commissioner Lamkin, that Resolution 59-3, declaring an emergency and authorizing the City Manager to receive inforrnal bids for the replacement of the damaged 1958 Chevrolet used as a patrol car, be passed and approved as read. Voting Aye: Voting No: rmyor Pro tem Davis, Co~~issioners Halbert and Lanu(in None I"linutes of the meeting of ~Janu,ary 12, 1959, 1rJere read and approved as corrected. C'f'j en M '~ ~ ~ With no further business to come before the Commission at this time, upon motiondp:ly made, seconded and carried, the meetLYlg was adjourned. ~.cI<., ~ IvIayor Pro t,em, City of vJest University Place, Texas ATTEST: ~~ City Secretary. . r'~~~-~""C"'C,,-"'~',~C'""~"'" r'.'.'.r.".'.~,.~. ".'..-...., ---r- {, ~} t..} HEGULAR NEETING OF CITY COHIUSSION TI~BP,UARI-9, 1959 The City Commission convened in regular sesf;ion at the City Hall, on Handay, February- 9, 1959, 7:30 P.M., i'Jith the follolrJ:ing members present: Hayor Brown, presicjj,ng; Commissioners Halbert, Lci.mki:t1 and Lutz. The City Attorney and City Hanager T,-.lere also present. Commissioner Davis vJaS absent for business reasons. The Ilr~ocation was pronounced by COITmissioner Lamkin. In compliance with legal notice duly published in the official newspaper of the city, Mayor Brown announced that a public hearing was in order to consider an amendment to the city's zoning ordirlance to perrnit subdivision of Lots 8, 9 & 10, Block 1, Belle Court, into only two lots with a frontage of 75 and 80 feet as requested by Hr. R. 1. Galla1'1aY. City M&~ager ~fuitt Johnson, after being duly sworn, testified in answer to questions by the City Attorney, that all rec~uirements of the city's ord:L.Ylance to call a public hearing had been complied with and it was. his opinion that the hearing was in order. I'll'. R. L. Galla,,18.Y, having been duly S\>Jorn by Nayor Brown, stated his desire to increase the size of his lots by subdividing the three 1vhich are presently 50 nnd 55 feet in width, into two lots with a width of 75 and 80 feet. He stated that he has his home on Lot 8, which is only 50 feet in width and he desired to in- crease the size of his existing garage 1vhich is not practical ill11ess he can build to the side of the structure in lilhich event he needs additiona.l lot space in order to adhere to the reouired setback distance. A ~olot plan submitted bv :Mr. Galla- 1.FiJay showed the di vi~ion of Lot 9 I-Ii th 25 feet b~ing . added to Lot 8, ~ and 25 feet added to Lot 10 making a corner lot 80 feet in width. rtr. C. P. Lanman and Mr. Roy Maley, owners of property within 200 feet of Mr. Galla~ay's property, were present but did not take part in the hearing. There being no other interested parties present vJho desired to be heard, the following action was taken: Notion by Commissioner Halbert, seconded by Comrniss ioner Lutz, that the Hearing called for the purpose of considering em amendment to the city's zoning ordinance to permit subdivision of Lots 8, 9, and 10 into tl1/0 larger lots be closed, and the City Attorney instructed to prepare a.n amendment to Ordinance rro. 111 to permit Mr. R. L. Galla~ay to subdivide Lots 8, 9 and 10, Block 1, Belle Court, into two lots with a frontage of 75 and 80 feet in width, as recoMaended by the Zoning and Planning Board. Voting Aye: Flayor Brmm; Commissioners halbert, LaJi1kin and Lutz. Voting No: None In accordance "lith Notice to Bidders duly :published in the official nel1/Spaper of t.n8 Clt.y, bids received for delivery of 100 water meters \1Iere opened and results announced as follows: r~..~,c=ce.~c"n'c"'''''r r,..'~c~,c,c",c~e",c"",,----,' Ie ro en ;,-f ~ :0 ,ij or>> 4) Neptune Meter Company Neptune Heter Company ~ockwell Hfg. Company tCocbJelllVifg. Company Split case,. oil- enclosed_ Split case, regular reg. T-ll~ Empire, Oil ,Filled Reg. Box, sealed register ~j)30. 92 sa. 28~20 ea. 30.90 ea. 26.60 ea. Notion by Cornrnissioner Lutz, seconded by Commissioner Halbert, that bids be referred to the Gity Hanager and City Engineer for study and recornmendation. Voting Aye: Voting No: Nayor Brown; Commissioners Halbert, l~amkin B.nd Lutz. None Residents frOTIl the 31 and 3200 blocks of Rice Blvd. appeared before the Com- mission protesting IINo Parkingtl signs ljJhich had been installed on Rice Blvd. 200 feet east and west of Buffalo Speed~ay as a temporary measure to avoid traffic congestion due to the recent re-timing of the traffic lights at this intersection. The residents from this section stated that they objected to the signs., (1) they are unsightly, (2) guests of residents have no place to park, and (3) permitting tlfJO la,nes of traffic makes it very difficult for res- idents to get in and out of their driveways during heavy traffic hours. It was the decision of the commission that only a mininlUi11 number of signs should be erected on the East side of Buffalo Speedway on Rice Blvd. to prohibit park- ing betleJeen the hours of 7-9 A.N. and 4:30 -6:30 P.E., w(jek days and a minimum mnnber of signs on the Nonth side of Rice Blvd. Heqt of buffalo Speed'l-Jay for a distance of 200 feet to prohibit parking from 7-9 A.l'1. aDd 4:30-6:30 P .H. and no parking to be permitted at anytline on the South side of Rice Blvd. A letter from the City Engineer certifying that the Texas Jipparatus Company had fabricated and delivered the switchboard addition to the Hilton Street ~'Ja tel' Plant in accordance 1iJi th plans and specifications, and a recommendation that they be paid ~;4,805. 72 in compliance 1-Jith their bid and contract, 1"JaS submitted to the CormTlission for consideration. Notion by Commissioner Lutz, seconded by Commissioner Halbert, tha.t the recom- mendation of the City Engineer be accepted and the Texas Apparatus Company paid $4,80$.72 for fabrication of the switchboard addition which has been delivered and installed at the Hilton Street ~'Jater Plant. Voting Aye: Voting No: Bayor Brown; Commissioners Halbert, Lamkin and Lutz. None The City Cornrnission vIaS advised that landscape i~ork at the Disposal plant was DOH complete and it was the recommendation of the City Manager that they be paid the remctining balance of the contrB.ct price which amounted to a total of $1,360.35. The amount of $110.35 had been withheld pending replacing of shrubs which had died shortly after planting. The replacements have been made and the 1iiork is nmv comp1ete. Motion by Commissioner Lutz, seconded by Commissioner Halbert, that the land- scape '\'JOrk done b~y Hans Peterson Nurse:y at the sewage disposal plant be accepted and the balance amounti..'1.g to ~?110.35 be paid.. Y/oting_A~re : \fotiIJ_g 1\10: Hayor Brmm.; COmInis s ionersHalbert, Lamldn and Lutz. None - T'==C"'~" CO" 'C"''''m.." I ' r-"" I' f"" """'"T 25ti The City Hanager advised that the Health Board had convened on February 6 and selected Dr. L. D. :F'arragut' for the position of City Health Officer and recornmended his appointment to the City Commission. lVIotion by Commissioner Halbert, seconded by Conmlissioner Lutz, that Dr. L. D. Farragut be appointed as City Health Officer. VotLYJ.g Aye: Voting No: Mayor Brown; Commissioners Halbert, Lamkin and Lutz. None It 1-JaS brought to the Commission I s attention that the appointment of the Health Board and Zoning & Planning Board was not recorded in the minutes as official action by the Cornmission. Motion by Con~issioner Lamkin, seconded by Conwissioner Lutz, that the appointment of Messrs. Clifton Campbell, O. P. Gill, David Hannah, Horace Rice, A. G. Davis, as members of the Zoning & Planning Board, 1i-Jith Hr., Ra;ymond itJy:.l1.garden as an alternate member be confirmed. V otLg Voting j~ye : No: !'layor Bro1i-Hl; Cornmissioners Halbert, Lamkin and Lutz. None Notion by CommissiQner La~kin, seconded by CO~illlissioner Lutz, that the appoint- ment of' Doctor Ben ;i\falpole, Doctor HOVJa.rd Evans and Pro. Jas. R. Sims, as members of the Board of Health '\olith Hr. George Dickenson as an alternate member be confirmed. Voting Aye: Vot:Lv:lg No: Hayor Brmm; Commissioners Halbert, Lamkin and LtltZ. None In connection with appointment of other Boards and Committees, the folloirJing action was taken: Hotion by Commissioner Lutz, seconded by Cornmissioner Halbert, that Hessrs. J. Claude MortoD, W. E. Furley, and Mrs. Jackie Greer be appointed as members of the Personnel Board with Messrs. Thad Sanders, Ed L. McCleskey and Lester Deir.fald ?s Advisory members. Voting Aye: Voting No: Mayor Brown; Cowaissioners Halbert, Lamkin ffi1Q Lutz. None I'1otion by Comrnissioner Halbert, seconded by Comrnissioner L8m.kin, that Hessrs. O. O. Hitchell, \fT. D. Berb, L. B. Bricker, lrJ.F. Ghiselin, H. L. '\t,Jbiteside, James Ill. ChjJ_d and lr,lalter Davis, be appointed as members of the Finance CQ;'mnittee !iJith three alternate members to be a.ppointed at a later date. Voting Voting Aye: N'o: Mayor Brown; ConrrQissioners Halbert, Lamkin and Lutz. None ffJ i!' 7' . .l~l tJ Hotion bJT COD"JIilissioner Lutz, seconded by Conmlissioner Lamkin, that l'lessrs. 1:1. Earl Eberling, liVe F. Halling, J.as. N. Gault, 1r;Jesley Kuenemann and Paul Black be appointed as members of the Corr~unity House Con~ittee with addi- tional members to be appointed later. Voting Aye: Voting No: :Hayor Brown; Commissioners Halbert, Lamkin and Lutz. None Action was deferred on appoL8tment of the Public Relations and SWllIDling Pool and Recreation Committees. M Cjj """" < ~ ~ Authority l..Jas requested for City Engineer E. N. Shepard to apply for Plumbing Inspector's license from the State Plumbing Board in Austin in order that he might qualify for Assistant Plumbing Inspector. The Commission i~as advised that it would be beneficial to the city for Mr. Shepard to be appointed as Assistant Building, Plumbing and Electrical Inspector to act in the absence of Inspector B. F. Kingman. Motion by Corrmlissioner Halbert, seconded by Com~issioner Lutz, that City Engineer E. N. Shepard be appointed Assistant Building and Electrical Inspec- tor and also as PlLuubing Inspector subject to authority being obtained from the State Pl~lbing Board. Voting Aye: Voting No: Mayor Brown; Cow~issioners Halbert, Lamkin and Lutz. None A drawing and specifications for constrQction of a leaf truck bed with fab- ricated cover Here submitted for the ComJniss ion I s consideration. Motion by Cormnissioner Lutz, seconded by Cmnmissioner Lamkin, that specifica- tions for 2 leaf truck bed 1,"1. th fabricated cover beapp::coved<,arid the.City filanager'authorized'to advertise for bids to be received until 7:30 P .H., r'Iarch 9, 1959. Voting Aye: Voting :No: hayor Brown; Commissioners Halbert, Lamkin and Lutz. None The CowIilission was advised that the Cl~Y has on hand four Q0its of used switch- gear, Allen Bradley Bulletin 740, reduced voltage motor starters, 440 V, 3- phase, complete ~Ji th circuit breakers and cabinet; miscellaneous 1'va ter and seHage pumps and electric motors TrJhich' have been stored and declared non- essential for future use by the city. Authority was requested for permission to sell the property, more fulJ~ described as follows, by means of a legal notice in the official newspaper: Item I. One Allen Bradley Bulletin 740., l"Iotor StarterC redu,ced voltage), 125 liP 4~.oV 60 cycle 3 phase, Size 4.5-612, Serial r~o. 359767; One K frame breaker, 3 pole. Panel and Frame \:J IH01\. [md light and transformer. Item II. One Panel, three 60 A, 3 pole breakers, one 60A 2 pole breakers, one 2 'KVA lighting air cooled transformers. l\w'riestinghouse Class ll200S- 3, 3 phase motor starters 440V 7.5HP. One Allen Brarlley -' Bulletin 7l.~o, T'~"O"~~"~~~~~' ..., r-~ -.'..1 r---,-'--r' ~:.lO ho tIP hhO\i 50A Size 33-39, Serial ,No. 359770, 3 HOA and pilots including tro.nsformers, 6 circuit l~ghtinf?; panel. Item III. One Allen Bradley Bulletin 740, 75 liP, LJ.!LOV, 9L.li., Size L,4-69, 3 phase, 60 cycle, Serial No. 359769, one K Frame Breaker, one HOA, light, transformer. IteITi IV. One Allen Brad+ey Bulletin 740, 75 HP, 440V', 9LA, Size 44-69, 3 phase, 60 cycle, Serial No. 359768, one K frame breaker, one BOA, light, transformer. Item V. Three Copper Buss Bars, 311 Hide by 1/4 ^ 91011. Item VI. Niscellcmeous equipment: One American Marsh horizontal split case pump, Cast Iron base, with General Electric 30 H.P." J:.lotor, 440\], 3 phase, 60 cycle. One 30E.P. motor sliailar to above, except it is known that one phase is grounded. One Cast Iron Pump bas$ for prunp similar to above. 9ne Fairbanks rIorse Sewage pump and Hator.. 600 GUl at 23 feet. TDE \. vertical) . One Sewage pump and l'Iotor. Three 5HP Vertical Electric motors. TivO J FIP Hator starters, 3 phase, 220 V., Eight 6lt gate valves. One lot junk inclusing cast iron sewer pipe, flanged CI pipe. Se1;yage pump, horizontal, broken yastings. Motion by Commissioner Halbert, seconded by Conm:issioner Lutz, that permission be granted to sell to the highest bidder the used switchgear, miscellaneous water and sewage plrraps and electric motors which are no longer essential for use by the city, i.'Jith bids to be received until 7:30 P.M., Nardl 9, 1959, the City J:llanager to have the necessary legal notice to bidders published in the official newspaper. Voting Aye: Voting No: :iYIayor Brm'Jn; Commissioners Halbert, Lamkin and Lutz. None Resolution 59-4 as follm,JS, Has submitted to the Cit-y Commission and read in full: v'11IEREAS, the City of vJest University Place, currently has capital available in the GENERAL OPERAT'ING FUND I'Jhich Hill notba required for operating expenses until the next fiscal year; and \~iERRAS, it is deemed to be to the best interest of the City that such f1.Hlds be placed in a time deposit investment in order to earn additional revenue r0 the form of interest for the operation of the city; and iillERFAS, the present bank balance, the average monthly incmne and expenditures of these funds, as anticipat,ed. until lTlaturit;y- of this investment, l>1i11 preclude a fund deficit; !\JOl":!, T!iEF.F~I~~ORE BJ~ IT R~SSOIJVED BY TBECI1TY C()l:Il~.'IISSI()l~ o:r:r Jln~ CITY OF 'hJITi'ST rTj';>T\T~Rc'Trp-y PFCH' TF\JQ thnt the C~ vY' T're2""1rer is n"'r"'ov i..i-J iJl"..1..............I,.Y!--J"~~_~..._-W1_....:..l, J.t.~u, .0.. - ,......... - . ,'-'''-- _.... l.-I.:-"'-"tJ directed to ,invest funds amounting to ~pl~, 000 for a 'period of six . h .. 21"i f t' (' 1 (' , - , , ,. , 1 r' . , mont s ([2 ;aia -.:rom he Jenera~ ",'pera"tlng .runO. In H18 dnlverSl"ty State Bank. l'Lotion by Cor!JIllissioner Lutz, seconded by Com.rr,issioner Lamkixl that Eesolution 58-4 be passed and approved as read. Votirlg A:;/e: l\'Ia~ror Bro~v11; Cornrnissioners L1albert.'1 .Larnl-cin and LU.tz. \lotirlg 1\10: None t~-~~=~~~!. r"'"'''.~~~~-'- 259 The City Engineer reported to the Cormnission that he had made a further study on repaving the 63 and 6700 blocks of li.utgers and VJestchester end the 66 and 6700 blocks of' Vanderbilt. He stated that the 1;vork could be done by city forces by v_sing a m2chine for installation of curbs and gutters, liJhich has been offered by manufacturers on a trial basis. It was the opinion of the City Engineer that purchase of such nmchine would prove very beneficial to the city. Hotion by Corrmlissioner Lutz, seconded by Conmlissioner Halbert, that the city's paving Attorney be instructed to amend Ordinance No. 742 and 749, declaring the necessity for improving the 63 and 6700 blocks of Rutgers and Westchester and the 66 and 6700 blocks of Vanderbilt. cv:> en ?""f <( 4 :d' \lotir~...4.ye : Voting No: flavor Brown; Comrnissioners ~albert, Lan~in and Lutz. No;e Hotion by Corrmlissioner Lamkin, seconded by Cormnissioner Lutz, that the City Manager and City Engineer be authorized to accept the loan of equipment desig- nated as curb and gutter machine that has been offered by the manufacturer for the purpose of testing the equipment. Voting ]\ye: Voting No: Hayor Brown; Cormnissioners halbert, Lamkin and Lutz. None Installation of gas lights at the bridge crossing Poor T'arm Ditch on. Rice Blvd. and Sunset Blvd. was discussed. The Conmlission li-JaS a(lvised that the cost of installing the lights 'I-iould be ~$50.00 each with a $1.00 per month charge for each li~h~~~it~no maintainence~theHouston Natural Gas CorD. It was the thought of the Co~mission that two of the lights should be in- stalled at one of the locations to determine their desirability before in- stalling them at other locations. ' Motion by Corr~issioner Lutz, seconded by Comrnissioner halbert, that two gas lights be installed at the Poor Farm Ditch on Rice Blvd. to determine their desirability. Voting Voting P..ye: No: I'layor Brown; C omIll,is siDners Halbert , Lamldn end Lutz. None Hinutes of the meeting of January 26, 1959, "i,rere read and approved as corrected. 1fiith no further business to come before the Comrn,ission at this time, upon motion duly made, seconded and carried, the meeting was adjourned. ~~ . , , ---- ~ -~">-~ Secretary ~ . r_ace, ATTEst: 260 REGUI.Jl.R YI:EETING OF CITY COJ:IHISSION FTi:m-mil RV ?] _ 1 ?59 The City Commission convened in regular session 8.t the City P'-8-ll on Monday, February 23, 19S9, 7: 30 P .N., IrJi th the folloHing members present: relaxor Brown, presiding; CODuuissioners Halbert, Davis, Larill~in and Lutz. The City t~nager and City AttOYDey were also present. The Invocation was pronounced by Corr@. Lutz. In compliance with action taken by the City Corrmlission and Notice to Bidders duly published in the official newspaper of the city, bids received for de- livery of two passenger cars for the Police Department, one pickup for the ':Jater Department, one pickup for the Health Department, three cabs and chassis for the Garbage Department and hw cabs and chassis for the Street Department were opened and results announced. Motion by Cmffiuissioner Halbert, seconded by COT~lissioner Davis, that bids re- ceived for delivery oi' passenger cars and trucks be referred to the City Manager and Department Heads for tabulation and recommendation. Voting Aye: Voting No: Hayor Brovm; Comrnis sioners Davis, Halbert, Lamkin and Lutz. None In accordance with previous action and Notice to Bidders duly. published, bids received for deliveX"J of street materials were opened and results announced. FIotion by Cormnissioner Lutz, seconded by Commissioner Lamkin, that bids re- ceived for delivery of street materials be referred to the City Barmger and Street Superintendent for tabulation and recommendation. Voting Aye: "'';lotirlg l\Jo: Ha.yor Brmm; Commissioners Davis, halbert, Lamkin and. Lutz. None .1.n compliance with Notice to Bidders, bids received for delivery of chlorine in one ton and ISO pound containers ,;jere opened a.nd results announced. Motion by Cormnissioner Lutz, seconded by Co~~issioner Halbert, that bids re- ceived for delivery of chlorine be referred to the City Erlanager for tabula.- tion and recommendation. Voting Voting A:le: No: l'-Tayor Brown; Commissioners DaVis, ha.lbert, Lamkin and Lutz. Hone Hinutes of a regular meeting of the Zoning Ii: Planning Board held. on February 12, were submitted to the COIT@ission for corlliideration. l'Jr. and Era. Alvin H. )\fraher, 6345 l,1estchester aDDeared before the Commission "\-Jith reference to their request ~;jhich had been submitted to the Zoning Board and recommended for a:,:'proval.' They had requested permission to complete 'rwrk on enclosing a service porch 1rJhich 'iJo.S stopped by the city's building i.."lspec- tor. It, Has revealed that enclosing the areav.]Ould be in violation of the section of the zoning ordinance 1,ghich reouires buildings on lots having a depth of over 12S feet to be set back from the front property line a distance ~-~.=,,= ~co===='""":~=~_~~ I __r~C~~--' .'-'--'=C-'7.'~'"""",,"",",,,~"=cy--- __r- M O'J ~ < ~ :e 261 of 30 feet.. '1'11e Commission deferred any definite HC.GlOn on the request until they could get C'm accurate report on the actual distance from the front property line to the front of the building, hOl-J6ver, they CJ,dvised hr. iSe Ers. Haher they il10uld not be in favor of approving their reeuest if a violation of the setback distance would be involved as they did not -voJish to set a precedeY1..t. Nr. J. B. 'I'ucker appeared before the City Commission requesting a hearing to be called as reconKaended by the Zoning & Planning Board to consider subdivision of Lot 11, Block 31, West University Place 1st Addition, into two 50 foot lots. relotion by Commissioner Davis, seconded by Cow.missioner Lutz, that a public hearing be called for 7:30 P.M, }mrch 23, 1959, to consider amending the city's zoning ordinance to permit subdivision of Lot 11, Block 31, West University Place 1st Addition, into two 50 x 150 foot lots as recow~ended by the Zoning and Planning Board. Voting Aye: Voting No: Nayor Brol-ill; CODrrnissioners Davis, Halbert, Lamki.n and Lutz. None A letter from Hr. A. G. Davis, submitting his resignalJlOn as Chairman and member of the Zoning and Planning Board for reason that he is moving out of, the City of West University Place was considered. Ilotion by Cormaissioner Lutz, seconded by Cow~issioner Dalbert, that the resig- na t.ion of Nr. A. G. Davis, as Chairman and member of the Zoning and Planning Board be accepted i'l1ith regrets. Voting Aye: Voting No: Mayor Brown; Co~missioners Davis, halbert, Lamkin and Lutz. None Botion by Cor@lissioner Halbert, seconded by Commissioner Lutz, that Br. Ra~~ond 1iJyngarden, 3810 Coleridge, be appointed as a regular member of the Zoning and Planning Board to fill the unexpired term Qf l'lr. A. G. Davis. Voting Aye: '\loting :No: l\layor Brown; Cormilissioners Davis, Halbert, Lamkin and Lutz. 1\Jor18 In compliance with action taken by the Commission on February 9, a tabulation of bids re..,geiveq. for .the purch~se of 200 i-Jeter meters was submitted '\'\Iith a recoll1luenclation that the bid $ubmitted by the Rockr11lell l'lanufacturing Com:oany in the anlount of $26.60 each for their Sealed Register, Magnetic Drive, Empire water meters be accepted. l'Iotion by Commissioner Lu.tz, seconded by Cormnissioner Lamkin, that the recom- mendation of the City JY1anager and \iJater Superintendent be accepted and 200 sealed register, l''Iagnetic drive Empire 'I'\Iater meters be purchased from. the RockHellNBnufacturing Company on their low bid price of ~~,26.60 each. Voting \!otirlg I'Iayor Brmm; Comrnissioners Davis, Halbert, Larnkin and Lutz. None j~ye : No: r' _r'--~------'-----'------'---------- __---..:...l. ...~_l U", 1&1 'Y i!:..J A letter from Hr. F. F. Beadle, First Assistant City At.torney for t.he City of Houston, in regard to the proposed paving of Bissonnet from .vlakeforest. t.o Kirby Drive and requesting execution of an agreement between the ti!;m cities, lPJaS sub- mitted to the CorMaission for consideration. The agreement proposed that t.he r~iniJl1UIa cost to lpJest University Place 'Honld be ~~5 ,000 ~Jith a maximu.m cost of ""1 /" 000 tiP_O, - . Hotion by Conunissioner Davis, seconded by Commissioner Lut.z,that Hayor Brown be aut.horized to execute the Agreement with t.he City .of Houston to participate in the project for paving Bissonnet. from Wakeforest. to Kirby Drive. Voting Aye: Voting No ~ ~~yor Brown; Co~nissioners Davis, Halbert, Lan~in and Lutz. None A review of t.he efforts made and aC~lon taken to pave t.he 63 and 6700 blocks of~\Test.chester and Rutgers and the 66 and 6700 blocks of Vanderbilt _I!..venues ~Jas presented to the Commission. Petitions having been signed by most of the property owners agreeing to pay $1.25 per front. foot, bids having been received and rejected on ti-JO occasions for replacing curb and gutter because of the exhorbitant ,cost; it was now considered advisable and reconmended by the City Engineer and City Hcmager that all the work involved, including curb and gutter be performed by use of city equipment and personnel. The City Engineer presented a plan for purchase of a curb and gutter !l1aCnlne at an estnnated cost of $6,000 to expedite the city's paving project stating that the machine could be used on other paving work throughout the city and the investment cost could be ammortized by use on the paving project now ill question. Hotion by Commissioner Lutz, seconded by Comilissioner Halbert, that bids be received until 7:30 P.H., Narch 23, 1959, for the purchase of a curb and gutter machine as outlined in the specifications presented by the City Engineer and that proper notice bo Bidders be published in the official newspaper of the city. Voting Aye: V oting No: Mayor Brown; Cm@lissioners DaVis, Halbert, L8~~in and Lutz. None The City Engineer presented revised plans and specifications and revised cost estimates whereby the work necessa~- for repaving the 63 and 6700 blocks of \tTestchester and Rutgers, and the 66 and 6700 blocks of Vanderbilt would be performed by use of city equipment and persorillel. The steps necessary to initiate a paving program for the sir: blocks was orrtlL~ed in a letter from Paving Attor-ney E. E. Tmmes, ,Jr. After all details involved 1;Jere discussed, thefollOl'l!ing action 1"as taken: Ordinance No. 752, captioned as follo1-Js, was submitted to the Commission and read in full: AN ORDmANCE REPEALING ORDINANCE NO. 742 PASSED AJ\TD APPR.OVED SEP'rEEBEi'l 8, 1958, AND ORDINANCE NO. 749 PASSED AND APPROVED OaTOBER 27, 1958, At'IENDING SAHE; AND RESCINDING ALL ACTIONS FlJ1i.SUANT THEFJI:'lD; DlIlECTIHG Tli'"E CITY SECRETARY 10 FILE A NOTICE OF THIS OIIDH..IANCE 1;.JI'l'I-I 'l'H.'"E COUN'I'Y CIER.1( OF IL.L\ARRIS' CC1tTI\J'lY, .TE}~.S ;PJID DECli~Ii.Il\G Al\J E~JIEftGEr.ICY'. !=- 1 r - "~.m'-~~~l 263 Motion by Comnlissioner Davis, seconded by Cor~uissioner Lamkin, that Ordin- ance No. 752, repealing Ordinance Nos. 742 and 749, which determined the necessity for and orq,ered the i.mprovements on \'Jestchester, Vanderbilt and Rutgers .Avenues, be passed and approved as read. Voting Aye: Voting No: Mayor Brown; Cow~issioners Davis, Halbert, Lamkin and Lutz None Ordinance No. 753, captioned as follows, irJas submitted to the Comrnission and read in full: AN ORDINANCE DE'IERlUHING THE. NECESSITY FOR AND. ORDERING TIi.AT 'l':h:'E FIEREIN DESIGNATED PORTIONS OF THE Nl\NED STREETS 'rJI'IHIN THE :F'OLLOHING CrENERAL LTIUTS, TO ~-IIT: CtJ OJ ,,....,j < .et ~ Section l. Section 2. Section 3. Sec tion 4. Section 5. vJES'ICfIESTER A\lENUE BET\t,JEEN 1JNTiTERSITY BOULEVARD AND DUKE S'l'HEET '[,JES'ICHESTER Av~I\ITJE BET!;JEEN CASON STREET AND BELLA IRE BOULEVARD RUTGERS A VENUE BETifJEEN UNIVERSITY BOULEV.ARD AN1} DUKE STREET RUTGERS A VENUE BETIiJEEN CASON STREET AND BELLA IRE BOULEVARD VANDERBILT AVENUE BETv;!EEN CARNEGIE STREET AND BELLAntE BOULEV AF.D IN THE CITY OF \rJEST Ul\!Tvi':RSITY PLACE, TEXAS, SHA.LL BE IlYIPROVED; APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR SUCH n'IPROVEJVlENTS; AUTHORIZING SUCH IMPROVE1v'JENT 10 BE EXECUTED DIRECTLY BY THE STREET DEPARTNENT OF THE CITY nI CONFORl'HTY vIlTH SAID DETAILED PLANS, SPECI- FICATIONS AND ESTll'IA'IES; PROVIDING FOR SEGREGATION OF PORTIONS OF SAID STREETS INID SEPARATE SECTIONS, EACH OF 1j-VHICH SECTIONS SHALL BE TREATED AS A SEPARl,\,'IE AIm COHPLETE UNIT; DIREC'l'ING AND REqUIRIl'ifG THE CITY ENGINEER TO PREPARE AN ESTll"lA'rn OF THE COST OF SUCH TIVIPROVEiYJENTS AN!) A 1rJRITTEN S'rATEHENT OF Th"E rD\}fES CF TIlE mINERS OF THE PROPERTIES ABUTTING ON EACH PORTION OF EACH STREET TO BE IHPROVED, TOGETHER ~HTH A DESCR.IPTION OF Tf:1ERESPECTlVE PR.O PERT IES ; PROVIDING THAT .A PART OF THE COST OF SAID TIvIPRO\TEMENT SFJl.LL BE PAID BY THE CITY AND A PART OF THE COST OF SAID IHPROv'EjVIElIJTS SHALL BE PAm BY .AlIJD ASSESSED AGAINST THE ABU'ITnm PROPERTY AND THE Qi;.}JlIERS THEREOF, AND FOR INCIDENTAL HATTERS: DEClARING 'IRA'l' THIS ORDINANCE AND ALL FURTHER. PROCEEDINGS RELATING TO SUCH IHPROVEfifENTS ARE AND SHALL BE UlmER AND BY VIRTUE OF ARTICLE 1105(b) OF 'ffiE REVISED STi-\.TUTES OF TEX1\S; DIRECTING THE'CITY SECRETAR.Y TO FILE A . NOTICE OF THIS ORDINANCE 'lUTE Tf:lE COUNTY CLE~RK OF HARRIS ComITY, TEXAS, AS PROVIDED BY lA1N'. Motion by COTIrrnissioner Davis, seconded by Commissioner Lutz, that Ordinance :No. 753, determining necessi t-y for a.nd again ordering improvements on !dest- chester, Rutgers and Vanderbilt; approving and adopting the revised plans and specifications and au.thorizing the improvements to be performed by the Stre?t Department of the city, be passed and appro-'led as read. Voting Aye: Voting Ho: Mayor Brown; Co~nissioners Dains, Halbert, Lamkin and Lutz. None 264 Ordinance No. 754, captioned as fOllOirJS, 1JaS submitted and read in full: AN OPcDIIfANCE APPR.OVD~G AND ADOPTING ESTnIA'lES OF TI-IE COSTS Al'JD THE VAEIOUS PORTIONS OF,TI-IE cosec OF TEE PAVING AND THE PEnhANENT n"I- PROVE)YiENT OF: Section 2. Section 3. Section 4. Section 5. Section 1. 1,rJESTCHESTER AVENUE BET;[,lEEN UNIVERSITY BOULEVARD AND DUKE S THEET 1rIESTCHES'lER .i\\FEl\TUE BE'nJEElIJ CASON STREET AND BELLAlRE BOULEVARD HUTGEHS AVENUE BE'l'vVEEN UNIVFRSITY BOULEVARD AND DUKE STP.EET RUTGERS A V'ENUE BE TirlEEN CASON STREET AND BELLAIRE BOULEVARD VANDERBILT AVENUE BE:TlrJlml\f CAP~TEGl'E STREET AN'D BELLA mE BOULEVARD IN THE CITY OF \r,,'EST UNIVERSITY PLACE, TEXAS, PREPAHED BY 'I'IiE CIT! ENGINEER, PUFBUANT TO LA1r,I, J~D AS REQUIRED BY EARLIER OF.DD\iANCE; DE'lERNINING THE NECESSI'IY FOR AND DECLARING THE INTENTION OF ASSESS- ING PART OF THE COST OF SUCH TIvIPROVENEr.jTS AGAnJST CERTATII PROPER'l'mS ABUTTING ON SAID PORTIONS OF SAID STREET AND THE<~ Oh'1IIERS THEREOF TIf THE F.HOUNJI'S AS SET FORTH J]\J SAID ESTTI'1ATE; Pf{OVIDING FOR AND ORDER- ING THAT A :8::EARING BEHElD AND GIVEN '1'0 ALL OvJNING OR CLATIHNG ANY SUCH ABUTTING PROPER.TY OR ANY IN'rEREST THJ<':REJJ.\l, AS TO SUCH PROPOSED ASSESSl'IENTS AND PROCEEDINGS AND AS; 'ID OTHER h.A T'l'EnS P.EL.il'ITNG TO SUCH IHPROVElvlENT; SETITIW AND FDCnm THE TJ}iE AND PLACE OF SUCH fiEl-\.RJJ.\IG; DIRECTING TPili.T THE CITY SECRETAE.Y GIVE NOTICE THEREOF AS HEQUIRED BY LA\i~, AND DECLAE.I"NG AN EIY[ERGENCY. Motion by Co~nissioner Halbert, seconded by Comnissioner LaYm~in, that Or- dinance No. 754, approving and adopting estimates of costs for improving portions of \J'Testchester, Hutgers and Vanderbilt Avenues and calling a public hearing be passed and approved as read. Voting Aye: Voting No: Hayor BrolfJn; Gorffilliss ioners Davis, rlalbert, Lamkin and Lutz. None it certification from the City Treasurer certifying that $12,000 was available for appropriation to pay the city's cost for improving portions of ~Jestchester, Rutgers and Vanderbilt Avenues was presented. Ordinance No . 755, captioned as follows, was submitted and read in full: AN ORDINANCE APPROPRLA.TTIiiG. TIlE: SU.H OF ~!j12,OQO OUT OF THE FUND 'I'O THE CREDIT OF STREB'l' JJ.<iPROVEHENT BONDS SERms 1948 IN THE CI'IY 'l'REi\.SUFfi TO PAY 'I'HE COST OF PAVnJG AND IEPnDVING: Section 1. \iJES'l'CHES'l'ER A VENUE BETJ.iEEN UNlV1SE.SI'I'Y BOULEVAPJJ AND DUKE STEBET Section 2. 'UESTCHESTER. A'{CNUE BE'l~:TEEN CASON STREET liND BELLlt IRE BOULEVARD Section 3. HUTGEHS A IJENUE BET\."JEEH UI.TIlERSITY BOULE:VARD AIID Drrf~1:~ S Tl1EE'J1 Section 4. IiTJTG.ERS _l\VEl'~{JE~ B}!;TI,;'.].!_a~;rJ Ci\.SOJ:~ S!ffi.I~~E:T; 1llID BELLA lEE DO ULEV AaD T~~~~~~~=, ,I F~-~~~C'~'~TT'~"-- .r 6)QI'! AJU~ Section 5. VANDERBILT fi,VENu1i: BE'I\>JEEN CARFEGIE STREET AND BELLA IRE BOULEVARD AND DEC LA RING AN El'l:&B.GENCY. Motion by Corrmissioner Lalnkin, seconded by Commissioner Halbert, that Ordin- ance No. 755, appropriating an amount of ~n2,OOO for the purpose of improving portions of lrTestchester, Rutgers and Vanderbilt be passed and approved as read. Voting Aye: Voting No: I'1ayor Br01-Jn; Commissioners Davis, Halbert, Lamkin and Lutz. None ~ 0') ~ < ~ ;:c The Commission discussed a proposed general paving program and agreed that the existing skip areas in various locations around the city should be paved first. A list of 8 unpaid assessments against property owners on University Blvd., amount:ing to a total of $3,316.50 and one on Academy Street in the amount of $375.00, both plus interest, was submitted and the following action taken: Motion by Comrnissioner Lamkin, seconded by Co~missioner Halbert, that the unpaid assessments on University Blvd., amounting to $3,316.50 plus interest and one on Academy Street amounting to $375.00 plus interest, be referred to the city's Paving Attorney, E. E. Townes, Jr., for collection. :'l:oting Aye: Voting No: Mayor Brown; COIT@issioneFs Davis, Halbert, Lan~in and Lutz. None Specifications for the paln~lng of th~ city1s two elevated water storage tanks lj-Jere submitted to the Commission by the City Engineer, \^Jith a recomrilen- dation that the tanks be paixlted outside and also a system of cathodic pro- tection be installed. He advised that the treatment as outlined in the specifications would in his opinion pFotect the inside of the ta~k for more than 5 years. Motion by Cormnissioner Lutz, seconded by Co~missioner DaVis, that the City Engineer be instructed to prepare final plans and specifications for painting the outside of the city's two elevated water tanks, and also for cathodic protection to be installed, with bids to be received until 7:30 P.M., Monday, Tlarch 23, 1959. Voting Aye: All No: None Final EstDuate for remodeling the abandoned filter for the storage building at the se.vage disposal plant showing 8, balance due of ~i736.50 1.Jas Dresented for approval. The original 81110unt of the contract '\vas ~~3,342.00, ;Jith a pre- vious payment by the City amounting to $2,605.50. The City Manager reconrraended that final pa;y:ment be made as the v.JOrk had been performed in accordance with the city's plans and specifications as certified by the City Engineer. ]'Ilotion by Commissioner Davis, seconded by C-ommissioner Lamkin, that final estunate in the amount of $736.50 payable to Conway Contracting Company for remodeli.ng an abandoned filter at the Se!:iage Di.sposal Plant :for a storage building be approved for pay,lent as recoDmended by the City nanager and certified by the City Engineer. b_ r'o~-~----'::'i ..:J. _ _ r~=~-'^~"~'~--_c~ -'-~'--=r ~U'UI "if oting Aye: Voting No~ 1'1p...yor Brovm; Cornmissioners Davis, Halbert, 1amkL.'1. ac'1.d Lutz. None The Commission was advised by the City Engineer that an icspec~lon at the seVJage disposal plcmt on February 13, 1959, revealed that several critical pHrts needed repairing, VJhich included the follm.Jing items: 1034 linear feet 11720 Conveyor chain, 15 Linear feet IIH078 Drive Chain, 100 Flight attachments F-22 #720 Conveyor chHin, 5 C1 sprockets and 3 sprockets, chill rim. It VJas requested that authority be granted to receive bids on these items liJith a labor contract to be awarded for installation after the material is on hand. Dotion by Commissioner halbert, seconded by COIT@issioner Davis, that bids be received until 7=30 P.M., March 23, 1959, for drive sprockets, drive chains and large flight conveyor chains determined necessary by an inspection and report of the City Engineer. Voting Aye: Voting No: l'1ayor Brown; Commiss ioners Davis, Halbert, Lamkin and Lutz. None The City Manager requested authority to complete the storage building at the sewage disposal plant including installation of electrical, mechanical and plwnbing fixtures, construction of a concrete floor and paving, at an esti- mated cost of $1,282.50. Motion by Cor~Qissioner Lutz, seconded by Conmlissioner Davis, that the City Manager be authorized to complete the storage building at the disposal plant at a cost of approximately $1,282.50 by performing the required 1;wrk under different trade agreements amounting to less than ~~500.00 each. Voting Aye: Voting No~ Mayor Brown; Conmissioners Davis, Halbert, Lanu(in and Lutz. None Resolution 59-5 as follows, was submitted to the Co@nission and read in full: , '\rJHEREAS, the City of lrJest University Place, currently, has capital available in the GEJ\iERJI.L OPERA'I'ING, BEALTH, INS1JRANCE RESERVE, SANITARY SE\t~'ER CAPITliL IHPROVENENT AND CHARTER AivmrIDHENT m:;;SERllE FUNDS which will not be required for operating expenses until the next 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 ~~~RR4S, the presEnt bank balance, the averHge monthly income and expenditures of thepe funds, as anticipated until maturity of this investment, will preclude a fund deficit: :NOW, 'I'flEREFORE BE IT EESOLVED BY 'l'h'E CITY COI:O:HS~nON OF Th-g CITY OF ~',)EE;T UNlVERSITY PLACE. 'I'EXAS. that the City 'Treasurer is hereby directed to invest fu~ds amo~nting to: $20,000.00 from-the General Opera.ting Fund and ~n,500.00 from the Health Fund for a periodof 6 months a t 2~%; and ~no, 000 form the Insurance Reserve F1LDd, $12,741.10 from the Scmitary Seider Cap. Imp. Fund and ~~11,653.27 from the Charter Amendment Rese:cve Fund-Sev-Jer, for a period of 12 months at 3%, in the University State Bank. T""""="""O".,~'~'''=:'','n I r'~~r""~'~~~~"~l I~-----~ M 0':) .,...., -< E'1: :c It Ii II I: b~, 261 Motion by COlrrnissioner 1an~in, seconded by Corr~issioner Davis, that Resolution 59-5, authorizing investment of funds in the University State Bank, be passed and approved as read. Voting .Aye: Voting No: playor Brown, Commissioners Davis, Halbert, Lamkin and Lutz. None A recoTIunendation from the Chief of Police for No Parking signs on certain lo- cations near the intersections of Buffalo Speed1-my -vJith University Blvd. and R:'Lce Blvd. was discussed and the following Resolution read in full: RESOLUTION 59-6 A RESOLUTION APPROVING THE DESIGNATION OF NO PARKING ZONES ON CERTAIN STREETS III THE CITY OF vrEST UNIVF..:..-qSITY PLJ\.CE. w~EPJJcS, the Chief of Police of the City of West University Place is authorized by Ordinance No. 698 and Ordinance No. 717 of the City of West University Place, to designate certain no parking zor~s on the streets of said City, subject to the approval of the City Commission; and ~rnEREAS, the Chief of Police has submitted a recoMnendation that parking of motor vehicles shou~d be prohibited on Buffalo and University Blvd., for certain distances and certain times, and that parking of motorve- hicles should be prohibited on Buffalo Speedway and Rice Blvd., for certain distances and certain tlllles; as follows to-wit: 1.) No parking on the North side of University Blvd., for a distance of 200 feet east from the intersection thereof with Buffalo Speedway from 4:30 P.M. to 6:30 P.M., and that all cars so illegally parked shall be towed 8~ay by the Police Department. 2.) No parking on the South side of University Blvd., for a clistcmce of 200 feet Nest from the intersection thereof with Buffalo Speedway from 7:00 A.M. to 9:00 A.M., and ill"y car so illegally parked shall be towed away by the Police Department. .3.) No parking on the West side of Buffalo Speedway from the intersection thereof with University Blvd., to Amherst Street., and any automobile so. illegally parked shall be t01-red by the Police Department. 4.) No parking on the East side of Buffalo SpeedNay from the 'intersection thereof with University Blvd. to Amherst Street. S.) No parking on Buffalo Speedl,~ay from the intersection thereof i,Jith Rie.e Blvd., to Georgetown Street. 6.) No parking on Rice Blvd., from the intersection thereof with Buffalo Speedway. 7.) No parking on the East side of 'Buffalo Speedway from the L~tersection thereof with Rice Blvd., to Jarrard Street. 8.) No parking on the North side of Rice Blvd., from the intersection thereof i..Jith Buffalo Speed1fJ2.y for a distance 200 feet east of said inter- section from 7~00 A.H. to 9:00 A.E. and from 4=30 P.ll. to 6:30 P.N. 9.) No parking on the South side of Rice Blvd., from the intersection thereof with Buffalo Speedway for a distance 200 feet east of said inter- section. 10.) The afores2id no parki.rlg provisions to be in effect on ;>Jeek c.i.ays OJi.'1ly. ~~~~~~"'-'-C''''''-'1'-:-:'J. -~------=r' -I" , ,~['~--T'~- -~~'''-'~'l 2ti{j NOlrJ, 'l'HER.E:FOHE, BElT RESOL \i'ED BY 'THE c: ITY COHHISSlmJ Ir.]"i-ST UNlVEHSIT'I PLf.i.CE, TEXAS: r..,'f.l' \'-.1: THE CITY 01" I. The recommendation of the Chief of Police that parKmg be prohibi": ted on Buffalo Speedl'>1ay and University Blvd. and on Buffalo Speedway and Rice Blvd., for the folloliJing distances and at the various times is hereby approved as follows, to-wit: 1.) No parking on the North side of University Blvd.,~ for a distance of 200 feet east from the intersection thereof '\-Jith .buffalo Speedvmy i'rom 4: 30 P .H. to 6:30 P.M., and that all cars so illegally parked shall be tm-Jed away by the Police Department. 2.) No parking on the South side of University Blvd., for a dist8"nce of 200 ~eet west from the intersection thereof with Buffalo Speedway from 7:00 A.M. to 9:00 A.M., and any car so illegally parked shall be t01iJed a'rJaY by the Police Depe.rtment. 3.) No parking on the West side of Buffalo Speed~ay from the intersec- tionthereof with University Blvd., to Amherst Street and any automo- bile so illegally. parked shall be tOvJed by the Police Department. 4.) No parking on the East side of Buffalo Speechmy from the' intersec- tion thereof with University Blvd. to Amherst Street. 5.) No parking on Buffalo Speedway from the intersection thereof with Hice Blvd., to Georgetovm Street. 6.) No parking on Hiee Blvd., from the intersection thereof "VJith Buf- falo Speed~ay for a distance 150 feet west of Buffalo Speed~ay. 7.) No'parking on the East side of Buffalo Speedway from the intersec- tion thereof with Hiee Blvd., to Jarrard Street. 8.) No parking on the North side of Rice Blvd., from the intersection thereof with Buffalo Speedway for a distance 200 feet east of said intersection from 7:00 A.l1." to 9:00 A.}'1. and from 4:30 P.N. to 6:30 P.N. 9.) No parking on the South side of Rice Blvd., from the intersection thereof vJith Buffalo Speedt~ay for a distance 200 feet east. of said intersection. 10.) The aforesaid no parking provisions to be in effect on week days only. 2. 1'he Chief of Police is hereby instructed and authorized to secure and install the necessary signs or other devices to properly designate the aforesaid no parking zones on .~le aforesaid streets. }lotion by Commissioner Lamkin, seconded by Cornmissioner dalbert, that Resolu- tion 59-6 approving the designation of No Parking Zones on certc:,in streets in Hest University Place be passed and approved as read. V oting Aye: -Voting No: ]\iayor Brmvu;Cormnissioners Davis, Halbert, Lamkin and Lutz. None The City l'Iana.ger reported on an investigation of em alleged zoning violation at 3521 Nottingham. The report indicated that Era. Stella Trahan, mmer of the property Has violating the single fC:J(lil~T d~Jelling provision of the city's zoning ordi.nance. Building Permit No. 1751, issued in Septe~1ber of 1938, provided for constru.ction of a six room brick veneer house \\lith tl-JO story frame garage vJith servants quarters. The investigation revealed that the serv2.nts quarters are' L ________ lc....=""~-~=::L _ _ __--.:. r~."":T-'--"T",.,,,,,-.,==o--_--=~-,,,,,,,.a'__,,,, _ :-} ...1 2tJ9 nOI.] being occupied as a secondd"relling lmit on the premises at 3521 Nottingham. The Co~~ission instructed the violation report be referred to the City Attorney for proper handling. A report lioJaS submitted from Hr. 1J.Jesley A. Kuenemann, Chairman of the Cormnunij:.y House Committee, advising they had met on February 12, 1959, and reco@uended the appointment of .Hrs. D. B. Saunders as an additional member to the Committee. The foll01-Jing recommendations were also made to the Commission: 1. M 2. OJ ,.MI 3. <r <t ::r:: 4. It is recomrnended that the citizens of !;fest University Place move toward establishing a complete, well arranged and fully equipped Corr~lli1ity House. It is recomNended that the facility be established in the existing building after it has been repaired or remodeled, or That such facilities be built new at the present location after wreckll1g the present building if on professional advice repair or remodeling is not feasible. Since the conrrnittee does not have the qualifications to design or layout facilities such as are under consideration, it is recomNended that the ComNunity House Committee be authorized to screen architects to deterrnine their professional, qualifications to provide pl~~s and layouts to satisfy the needs of the comnunity in such a center. , 5. It is further recommended that upon approval of an architect by- the Council based upon recommendations made by the Committee, the COIflmittee be authorized to have the so approved architect submit plans and specifications, suitable for bid purposes, on a contingency basis. This will not COIT@it the city or the Committee to a fee unless the facility is actually buirG. Notion by Comm.issioner Lamkin, seconded by Commissioner Halbe~t, that ]VIrs. D. B. Saunders be appointed as a member of the Community House Cmill11ittee and that the Cor~littee be authorized to screen architects for the purpose of finding one who could submit plans and specifications on a contingency basis for a building to satisfy the needs of the community as recommended. Voting Aye: Voting No: Mayor Brown; Commissioners Davis, Halbert, La~kin and Lutz. None Due to the lateness of the hour, being 1:45 A.M., the Commission agreed to withhold reading of the minutes of the meeting of February 9, until the next regular meeting. With no further business to come before the Conwlission at this time, upon motion duly made, seconded and. carried., the meeting was adjourned. . ~ City Secretary Place, I\. ~TEST: r~'~~~~i -:l =''''.''1==--'.=00_-_. ;--- "'" 1 ~l.'I'U REGUIA11. NEETING OF CITY CO~IMISSION MARCH 9, 1959 The City Commission convened in regular session at the City H(i1l1 on :Monday, 7:30 P.M., March 9, 1959, with the following members present: Mayor Brown, presiding; Commissioners Halbert, Lamkin and Lutz. The City Manager and Assis- tant City Attorney Frank Cope Were also present. The City Attorney and Commissioner Davis were absent. The Invocation was pronounced by Commissioner Lamkin. In compliance with action taken by the City Commission on February 9, 1959,-and Notice to Bidders duly published in the of'ficial newspaper of the city, bids re~ ceived for fabrication of a leaf truck body for the street Department were opened and results announced as f'ollows: Carroll Service Company Koenig Iron Works Cook Steel Building Co. $1214.80 1500.00 1496.00 Motion by Commissioner Lutz, seconded by Commissioner Halbert, that bids received for fabrication of a leaf truck body for the street Department be referred to the City Manager for tabulation and recommendation. Voting Aye: Voting No: Mayor Brown, Commissioners Halbert, Lamkin and Lutz. None In compliance with Notice to Bidders duly published in the of'ficial ne1",spaper' of' the city, bids received f'rom f'irms interested in purchasing used eQuipment from the city were opened and results announced as follows: Gulf Electric Machinery Company $370.00 Electro Quip Company . 516.00 Motion by Commissioner Halbert, seconded by Commissioner Lutz, that bids rec~ived from firms interested in purchasing used eQuipment from the city be rejected as the bids were considered unusually low as the switchgear and electrical equipment had been appraise,d f'or approximately $1200 and that the items f'or sale be readver~ tised with bids to be received until 7:30 P.M.,Monday April 13, 1959. Voting Aye: Voting No: Mayor Brown, Commissioners Halbert, Lamkin and Lutz. None. Mr. and Mrs. Alvin M. Maher, 6345 Westchester, again appeared before the Commission in behalf of their reQuest for permission to enclose the frontpoI'oh of their house which extends approximately, 7 , into the front setback line. After it was determined that enclosing the ~Drahwould be a definite violation of the Zoning Ordinance, t4e,Commission advised ~tr. and 1trs. Maher they could not approve a permit for this purpose. Twelve Boy Scouts from Troop No. 125 and two from Troop No. 510 who are studying for their Citizenship Merit Badge visited the meeting of' the Commission. The Scouts from the two Troops were introduced by Scout Master Searcy Bracevlell. Mayor Brmm advised that he had received a letter of resignation from Mr. Clifton Campbell,a member of' the Zoning Board, stating that he had accepted a position with another company which necessitated his moving to st. Petersburg, Florida. Motion by Commissioner Lamkin, seconded by Commissioner Halbert, that the resig- nation of Mr. Clif'ton Campbell as a member of the Zoning and Planning Board be T~----~~ u 'co r~""'"T~'~'''-''~''O"~''' _I 2'11 accepted with regrets and that a letter be vTritten to Mr. Campbell express.- ing the Crrmmission's appreciation for his service as a member of the Zoning and Planning Board. Voting Aye: Voting No: Mayor Brown~ Commissioners Halbert, Lamkin and Lutz. None. Motion by Commissioner Lutz, seconded by Commissioner Halbert, that Mr. O. C. King be appointed as a member of' the Zoning Board to fill the vacancy created by the resignation of' Mr. Clifton Campbell. ro ~ .,..., -< ~ ~ Voting Aye: Mayor Brown, Commissioners Halbert, Lamkin and Lutz. Voting No: None. Mr. Frank Perkins, 6116 Charlotte, appeared before the Commission in response to a violation notice issued by Building Inspe,ctor Kingman. The Commission ,-Tas ad- vised that Mr. Perkins had begun construction of an addition to his house at 6116 Charlotte without first obtaining a permit, and such addition extending closer than 20' to the rear property line. He also installed plumbing materials in vio- lation of the Plumbing Ordinance and without first obtaining proper permit. After much consideration and discussion, the Commission advised Mr. Perkins that the ad- dition extending into the rear setback line was definitely a violation of the Zoning Ordinance and they recommended that he confer with the Building Inspector and make the necessary changes in orde:r to comply with the City's Zoning and Plumbing Ordinance. In accordance with action taken by the Commission on February 23rd, a tabulation of bids received for delivery of nine automotive units was submitted, with the following recommendation: UnH 1 2 3 4 Sedan Sedan .:. t Ton Pickup '2 Ton Pickup Truck Truck Truck 8 Truck 9 Truck police Department police Department Water Department Health Department Street Department Street Department Garbage Department Garbage Department Garbage Department Jimmie Green Chevrolet Jimmie Green Chevrolet Earl McMillian, Inc. Earl McMillian, Inc. Ivy-Russell Motor Company Earl McMillian, Inc. Earl McMillian, Inc. Ivy-Russell Motor Company Albert Berry Dodge-P1J~louth $135l.38 851.38 1516.51 l74l. 51 2003.32 2069.44 254l.24 I 25L~2.4 3 2790.00 5 6 7 Motion by Commissioner Halbert, seconded by Commissioner Lutz, that e~uipment be purchased as recommended by the City Manager. Voting Aye: Voting No: Mayor Brmm, Commissioners Halbert, Lamkin and Lutz. T~one . A tabulation of bids received for chlorine re~uirements of the city was submitted with a recrrmmendation that the low bid of Diamond Alkali Company in the amount of $12.75 per cwt. f'or 150# cylinders and $3.80 per cv~. for 1 Ton containers be accepted. Motion by Commissioner Lutz, seconded by Commissioner Lamkin, that the bid of Diamond Alkali Company be accepted as recommended by the .City Manager. Voting Aye: Voting No: Mayor Brown, Commissioners Halbert, Lamkin and Lutz. None. _. ,;- :>,::_---.-.--..-~~.,_...:':,,:!"'C~"'~_~ _~_ ___FT~C_~'~._=F'-"=_=_'_""-_O== - --------r ~' rl"~':l I I L The tabulation and recornmendation on bids received for delivery of materials for the street Department was vithheld pending a further investigation on the quality of certain materials bid. The following report and recommendation from Building Inspector B. F.Kingman was presented to the Comr~ission by the City Manager, dated Febrlmry 25, 1959. " On October 3, 1957, Building Permit //8972 was issued to the Tex-Ho Gunite Cons.. truction Company to construct two buildings on Lot 1, Block 92, West University Place Second Addition. Due to difficulties between the above contractor and the Building Conmlittee of the Church, this contractor left the job on or about January 1,1958, after which time the building that had been started set until about May 13, 1958, when J.M. Williamson Construction Company ~~s given a contract t6 complete the buildings. On or about the middle of August, this contract was revised to com- plete the first building only, with'the main building to be constructed at a later date under a dif'ferent contract. After several delays in completing the f'irst building, the Building Committee of the Church obtained an injunction to remove the present contractor from the premises ,and to allovT another contractor to com- plete the nearly complete first building only, with no plans to do anJ~hing on the other building. Therefore, I would like to have the following action by the City Commission on this matter. 1. That the part of tJle building permit pertaining to the main building be voided. 2. Due to many changes in the griginal plans, that new plans be submitted for approYl3.l before"aneYl perm":i:t UJa;ybe,isqued. 3. On behalf of the City and theproperty m.mers of the area, that the contractor and the Building Cmmnittee appear before the City Commission, and a time limit set on completion, in vITiting, of 'this building, this meeting to be before a permit may be issued. 4. That after the building has been started, any changes in the plans which concern the structural part of the building be submitted to the office of the Building Inspector before rnaking such changes, such changes to bear the Seal of the Engineer on the job. 5. That before a new contractor is allowed to complete the first bUilding, that the Building Committee of the Church present the Off'ice of the Building Inspector a letter stating the present contractor has been replaced, g~ving the name of the new contractor and necessary inf'ormation regarding saicl contractor for the records kept on buiidings~ 6. That a time limit be set at not more than thirty days to complete the first building. This is, in the opinion of this Office, more than enough time to finish. '7. That an inspection of all electrical, plumbing and other services be made and. 111e contractor installing such services be billed for any balanCe due on his permit, before another' sub-contractor shall be allmTed to complete unfinished installations. II (signed - B. F. Kingman, Inspector.) Motion by CommiSSioner Lutz, seconded by Commissioner Halbert, that a letter be vrritten to the proper officials of the st. George Orthodox Church, outlining the re- commendation of the Building Inspector and advising of the action taken by the City Commission loTi th reference to future construction of their church facilities. Voting Aye: Voting No: Mayor Brmm, Commissioners Halbert, Lamkin and Lutz. . None The City Manager reported to the Commission that a recheck in accordance with their instructions had been made on several alleged violations and the City Attorney had written letters to the f'ollowing property owners advising them that renting of a garage apartment was in violation of the city's zoning ordinance and asking that r"..o..".....~~~"i..~._l I'~ _ _ [ ..'.'cr-.-'--.'.,..,_.~'_..y CiJ 0':) M < .et ~ . ".-., - ________m_..__ 213' such violation be corrected immediately: Mr. R9Y Logsdon,360l Nottingham; Mr. c.o. Boydstun, 2702 Talbot; l1r. Harry S. Paes, 3108 Jarrard; ~~'. George A. Beck, 2801 Rice; Mrs. Lucy A. Darling, 4040 Byron street. Two dif'f'erent plans for lighting the tennis court located in Colonial Park were presented for consideration by the City Commission. From the information presented it ioTaS determi'ned, that the flourescent lights w'Ould be less objectionable than any other type of' lighting. It was also brought out that the lights would be turned on in most cases while .the swimming pool was in operation and should not be objection- able to the neighbors. The Commission also agreed to installation of a coin operate~ mechanism to control the use of the lights. Motion by Commissioner Lutz, seconded by Comraissioner Halbert, that 12 double high efficiency flourescent lights suspended 25 feet above the center of the tennis court at Colonial Park in accordance with the Engineer's plan subtutted, the lights to be installed with the city purchasing the material and negotiating for the services of' an electrical f'irm to install the wiring and fixtures. Voting Aye: Voting No: Mayor Brown, Commissioners Halbert, Lamkin and Lutz. None The Commission ,-laS appri~ed of the fact that ~Ir. HoraceW. Elrod, Jr., hact been ap- pointed Director of Intramural Athletics for the Ho~ston Independent School District and would not be available to manage the city's swimming pool f'or the 1959 season. Motion by Commissioner Lutz,geconded by Commissioner Laml~in, that a letter of commen- dation be forvlarded to Mr. Horace W. Elrod, Jr., for the excellent work he has perf'ormed in managing the West University Swimming Pool and Swiumdng Team. Voting Aye: Voting No: Mayor Brown, Commissioners Halbert, Lamkin and Lutz. None. Motion by Commissioner Lamkin, seconded by Commissioner Lutz, that ~Ir. Clyde Blackman be employed as Manager of the West University Swimming Pool for the 1959 Season at a salary of $400 .per montha,nd'aiJ. assistant to be employ~dat cjt.'" salaty-of $250 per month-',\'lith a'l StoJimming Team Coach also to be employed by Mr. Blackcnan for a monthly salary of $1,00.00, during the Season. Voting Aye: Voting No: Mayor Brown, Commissioners Halbert, Lamkin and Lutz. None. Rates for admission to the Si-Timming Pool for the coming season were discussed and the following action taken: Motion by Commissioner Halbert, seconded by Commissioner Lutz, that rates for use of the Swimming Pool during the 1959 Season be set at the same basis of last season 'Hhich were: Season ticket for one - $10.00; season tickets for tvlO members of a family.. $14.00; season tickets for three members of a family .- $16.00; and season tickets for f'our or more members of a family - $18.00; with general admission prices to be 50~ for adults and 25~ f'or children 15 years and under. Voting Aye: Voting No: Mayor BrovTn, Commiss ioners Halbert, Laml~in and Lutz. None. r='='--=~'~~~C=',.. I - --- or- ,..=,,;cO~-;:-=_.~''''''..=.''='l " -I ,€, ~ '-};:. After discussing personnel for appointment to the Recreation Committee, the following action was taken: Motion by Commissioner Lamkin, seconded by Commissioner Lutz, that the following members be appointed to serve as a Recreation Committee with other members to be appointed at a later date: Messrs. R.L. Carruthers, Charles Bowden, Spense Taylor and ~~s. Warren Buttlemann. Voting Aye: Voting :No: Mayor Brown, Commissioners Halbert, Lamkin and Lutz. None. The Commission discussed advisability of selling loam from the 75 acre tract of land used as a sanitary land f'ill as there had been inQuiry as to the availability of the loam. Motion by Commissioner Lutz, seconded by Commissioner Halbert, that the City Manager be authorized to proceed with plans to sell top soil f'romthe 75 acre tract of land in the area where a trench is to be excavated for sanitary land fill purposes. Voting Aye: Voting No: Mayor Brmm, Commissioners Halbert ,Lamkin and Lutz. :None. It was explained to the Commission that an experiment had been tried in connection with the use of a clam bucket operated from the TD-18 Tractor aCQuired from the Sur- plus Property Agency for the spreading of dirt over garbage and refuse vlhich had been emptied into the trenches but that it ,'laS Slovl and impractical. It being de - termined by the Engineer that a dozer blade attached to the TD-18 Tractor would be the city's best method of operation and it was therefore recommended that steps be taken to aCQuire a used attachment for the tractor f'or the purpose of burying garbage. Motion by Conmissioner Halbert, seconded by Commissioner Lawkin, that bids be re- ceived until 7:30 P.M. April 13, 1959, for purchase ofa used bull dozer blade assembly f'or the TD-18rnternational Tractor used at the Garbage Disposal Grounds. Voting Aye: Voting :No: Mayor Brmm, Commissioners Halbert, Lamkin and Lutz. :None. At this time, Commissioner Ed Davis arrived at the Commission meeting, explaining that he was delayed for business reasons. The Provisions of House Bill 326 submitted to the current session of the Legislature for creation of a public utility commission was explained. The Commission dis - cussed the advantages and disadvantages of a public utilities commission and agreed to support passage of H.B. 326. Motion by Co.mmissioner Lutz, seconded by Commissioner TIavis, that the City Commission endorse the passage of H.B.326 and the Texas Municipal League so notif'ied. Voting Aye: Voting No: Mayor Brmm, Commissioners, Halbert, Lamkin, Lutz and Davis. None. The City Manager advised that ]litr. E.N. Shepard had served a six months probationary period as City Engineer, ending February 28,1959, and was entitled to an increase in salary in accordance ,'lith his terms of emplo.yment. r"'~C~"""'~"""~' ", - "1 r ~'~'~'i~~"~'~~'"Pl ----r M ~ ,...., ~ ~ ::e llla Motion by Commissioner Lutz, seconded by Commissioner La~~in, that the salary of ~tr. E.N. Shepard, City Engineer, be increased $25.00 per month effective February 1, 1959, in accordance vith the city's agreement at the time of his em- plo;Ylnent. Voting Aye: ~ayor Brown, Commissioners Halbert, Lamkin,Lutz and Davis. Voting No: None. Mayor Brown presented copies of a proposed Resolution of the Harris County Mayor's and CounciluIDn's Association establishing and activating the Harris County Public Officials' Traffic Safety Association and stated that each city in Harris County was being requested to cooperate in this traffic safety program and that a budget of approximately $31+,000 had been proposed and that it i-TOuld require 21 per capita from each participating political subdivision and he felt that it was a worthwhile cause and that the City of West University Place should actively support the traffic safety association. Mayor Brown further stated that a great deal of the program was contingent upon action taken by the City of Houston as they would be required to bear the brunt of the expense. Motion by Commissioner Lutz, seconded by Commissioner Davis, that the City of \lest University Place pledge its cooperation and assistance to the Harris County Public Off'icials' Traffic Safety Association and pay the 21 per capita assessment if the Association is duly ,organized, activated and supported by the City of Houston and Harris County. Voting Aye: Voting No: Mayor Brown, Commissioners Halbert, Lamkin, Lutz and Davis. None. Minutes of the meetings of February 9, and 23, were read and approved as corrected. With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting was adjourned. A'l'i'.i:$ST: A:~~~~,j City Secretary - -----, r~crc,.""""".C~O~"''''''''i=, r" T'T~,~~.."r.~, '1 i:4au RE'GULAR li.lEETING OF CITY CQ1ljMISSION :iYlARCH 23, 1959 The City COUllilission convened in regular session at the City Hall on. Monday, March 23, 1959, with the f'ollowing members present: Mayor P-.co Tem Davis ,presiding; Commissioners Halbert, Lamkin and Lutz. The City Attorney an~ City Manager were also present. Mayor Brown was ab- sent as he was out of the City. The Invocation was pronounced by Commissioner Halbert. In compliance with Legal Notice duly published in the official newspaper of the city, Mayor pro..Tem Davis announced that a public hearing vTaS in order to consider an amendment to the city's Zoning Ordinance to permit subdivision of' Lot 11, Block 31, West University Place First Addition, into ti-lO 50 x 150 foot lots, as requested by Mr. J. B. Tucker and re - ; commended by the Zoning and Planning Board. ~,f.:...' '<=.-"(,' ~"r: City Manage~ Whitt JOhnson, after being duly sworn, testified in answer to Questions l)y the City Attorney, that all requirements of the city's ordinance to call apubllc hearing had been .complied with and it was his opinion that the hearing was in order. Mr. J. B. Tucker, having been duly sworn by Mayor Pro-Tem Davis, stated his desire to subdivide the 100 x 150 foot lot in order to provide an additional building site; one residence presently existing. on the N! of the lot. - ~.----, lfrr. Victor Kimmell, 6531 Rutgers, having been duly sworn, stated that he had recently purchased the N ! of Lot 11, Block 31, \.Jest University Place First Addition vTit:} improvements and was joining lfrr. Tucker in his re - Quest for official subdivision of the lot. There being no other interested parties present "Tho desired to be heard, the following action was taken: Motion b;)r Commissioner Lutz, seconded by Commissioner Halbert, that the hearing called for the purpose of considering an amendment to the city's zoning ordinance to permit subdivision of Lot 11, Block 31, West Univer- si t:y- Place First Addition into two 50 x 150 foot lots be closed, and the City Attorney instructed to prepare an amendment to Ordinance No. 111 to permit subdivision of t':}e said lot as reQuested by Ml~. J. B. Tucker and recommended by the Zoning and Planning Board. Voting Aye: Voting No: Mayor Pro-Tem Davis, Commissioners Halbert, Lamkin and Lutz. None. In compliance i-lith action of' the City Commission on February 23, 1959" and Notice duly published three times in tbe of'ficial newspaper of' the city, Mayor Pro~Tem Davis announced that a Public Hearing was in order to de - termine benefits to be derived from improvements to be constructed on the 63 and 6700 blocks of Rutgers and Westchester and on the 66 and 6100 blocks of Vanderbilt Avenues, and to hear any person owning and claiming interest in property abutting tl,ese sections" Ivlayor P-.co..Tem Davis administered the Oath to all who intended to off'er testimony or be heard in the proceed - ,\ "---~='r-l r ur'~=C'C~~C~.l -~Cur' 1--------- Z'l" ings and then turned the hearing over to Mr. E.E, Townes, Jr., Paving Attorney for the city. f.:1j 0") ,...., '< <t ~ ~rr. E.N. Shepard, duly sworn by Mayor Pro-Tern Davis, stated in answer to questions by the Paving Attorney tbat he was Engineer for the City of West University Place alid had prepared plans and specifications for the proposed paving and improvements of the 63 and 6700 blocks of Rutgers and Westchester and the 66 and 6700 blocks of Vanderbilt Avenues, and the plans and specifications had been approved and adopted by the City Commission. He stated that the plans and specifications call for new. curb and gutter, existing pavement to be removed and subbase recompac- ted with new 3 course inverted penetration to be constructed on the newly prepared base.Mr. Shepard stated that in his opinion the design and specifications meet good construction and engineering practices and that the paving will meet State Highway specif'ications for state highways and are appropriate for heavily travelled streets and are of a permanent nature. The same type of improvements are to be constructed on each of the streets and the work will be performed by the city's per- sonnel of' the street Department. J Mr. G. 1). Hhatley, being duly S1tTOrn, stated in answer to questions pro- pounded by Mr.. Townes, that he vTaS 'a real estate broker with Hodell and Company , a real estate firm, and that he has handled the purchase and sale of residential property in West University, and was familiar with residential values in this area. Mr. Whatley stated that he has handled purchases and sales of property on streets which were paved and ~npaved and where the streets were rough and drainage poor, and property on paved streets has a higher value than property dn unpaved or rough streets. Mr. Whatley stated he was f'amiliar with property abutting the 63 and 6700 blocks of Rutgers and Westchester and the 66 and 6700 blocks of Vanderbilt, and the streets in these blocks are very rough and the drainage is poor. If the streets are improved as outlined by Mr. Shepard, they will be in much better condition than at present and property values on these streets will be increased by approximately $2.50 per f'ront f'oot or double the pro- posed assessment of $1.25. There is no property in these blocks which will not be enhanced in value by at least $1.25 per f'ront foot. ~tr. P. P. Bongio, 6712 Vanderbilt, protested paving of Vanderbilt Avenue in the 6700,block, stating he was of the opinion that the street was now in good shape and also that he did not think the curb should be replaced with new curb as most of' it was in good shape. It was his opinion that only the broken curb should be removed and replaced ,and the remainder should be properly aligned for drainage and re-used. It was explained to Mr. Bongio by the City Manager and City Engineer that bids had been re - ceived at one time for replacing only the ,broken curb and aligning the rerr~inder to provide proper ~rainage; however, the bids received were so exorbitant that they were rejected and a f'urther study showed that the city could replace all curbs with city f'orces at a much lower price and the property owners would then have a better street, With no further testimony or evidence or protest, for or against the pro- posed improvements to Weschester, Vanderbilt and Rutgers Avenues, the -" T- -- "~~"~~~.,..., '--~I""--"" "-~~'1 " kl ~' C; following action was taken: Motion by Cummissioner Halbert, seconded by Commissioner Lutz, that the hearing called to consider improving the 63 and 6700 blocks of West- chester and Rutgers Avenues and the 66 and 6700 blocks of Vanderbilt Avenue be closed. Voting Aye: Mayor Pro-Tem Davis, Commissioners Halbert, Lamldn and Lutz. Voting No: None. Ordinance No. 756, captioned as follows, was submitted to the Commission and read in full: Ordinance No. 756 AN ORDINANCE CLOSING THE HEARING GIVEN TO' THE REAL MID TRUE OWNERS OF PROPERTY ABurI'ING ON: Section l. WESTCHESTER AVENUE BETWEEN UNIVERSITY BOULEVARD AND DUKE STREET Section 2. ~fESTCHESTER AVE11UE BETWEEN CASON STREET AND BELLAIRE BOULEVARD Section 3. RUTGERS AVENUE BET.fEEN UNIVERSITY BOULEVARD AND DUKE, STREET Section 4. RUTGERS AVENUE BE'fl.JEEN CASON STREET AND BELLAIRE BOULEVARD Section 5. VANDERBILT AVENUE BETWEEN CARNEGIE STREET AND BELLAIRE BOULEVARD . AND TO ALL OTHER INTERESTED PARTIES, AS TO' SPECIAL BENEFITS TO' ACCRUE TO SAID PROPERTY AND THE TRUE OWNERS THEREOF' BY VIRTUE . . . OF THE IMPROVEMENTS, AND AS TO THE PROPOSED ASSESSMENTS THERE- FOR ,AND AS TO THE ACCURACY, SUFFICIENCY, REGULARITY MID V.L\.LIDITY OF THE PRO'CEEDINGS Al\ID CONTRACT IN CO'NNECTIO'N \-lITH SAID IMPROVEME11TS A1!'TI ASSESSMENTS, MID ANY MATTER OR THING CONNECTED THEREVnTH; FINDING AND DETERMINING THE REGUIA..'lITY OF ALL PROCEEDINGS AND THE PERFORNANCE, OF ALL PREREQUISITES TO FIXING Al\i"D LEVYING THE. ASSESSME:l\J"'T LIENS AND THE PERSONAL LIABILITY OF PROPERTY ow:NERS; OVERRULING AlIJD DENYING' ALL PROTESTS Al-ID OBJECTIONS OFFERED, EXCEPr AS TO PARTICUL.L\R CASES MENTIONED;. FIrmING AJ\TD DETERMINING SPECIAL BENEFITS TO EACH" PARCEL OF PROPERTY AND THE OI.JNERS THEREOF BY REASON OF SAID DIPROVEMENTS IN EXCESS OF THE AJYIOUNT OF THE RESPEC- TIVE ASSESSMEJ:;JTS AGAINST SAME; LEVYING ASSESSMENTS; FIXING A CHARGE JUID LIEN AGAINST THE RESPECTIVE PROPERTIES ABUTTING ON THOSE PORTIONS OF SAID STREETS TO BE I!iIPROVED AND AGAINST THE TRUE OHNERS THEREOF FOR THE PAYMENT OF PART OF THE CO'ST OF THE TMPROVEMENTS WITHIN THE LIMITS DESCRIBED; PROVIDING FOR THE ISSUANCE OF ASSESSJvIENT CERTIFICATES AND THE MANJ:JER OF THEIR COLLECTION ; MID DECLfu'lING AN EMERGENCY. r'-~~~-~~~~i-' .-1 " '~"~~"'-'''~O~~C~l UI o:l O':i ,..... <t ~ = L 279- :Motion by Commissioner Halbert, seconded by Commissioner Lutz, that Ordinance No. 756, closing the hearing on benefits to accrue by im - proving Westchester, Rutgers and Vanderbilt Avenues, overruling and denying all protests and objections off'ered, fixing a charge and lien against the respective properties abutting on the portions of the streets to be improved.and providing for issuance of assessment certificates; be. passed and approved as read. Voting Aye: Voting No: Mayor Pro-Tem Davis, Commissioners Halbert, Lamkin and Lutz. None. In compliance with Notice to Bidders duly published in the official news- paper of' the city, bids received for a curb and getter machine were opened and results announced as follows: A. A. Pruitt E.L.Hardin Assoc. $6,919.66 5,604.50 Motion by Commissioner Lutz, seconded by Commissioner Lamkin, that a con- tract be'awarded to the lovrbidder E. L. Hardin, Associates, through their representative Mr. A. A. Pruitt, and that the curb and gutter machine and equipment be purchased on the bid deemed most advantageous to the city and that a purchase order be issued immediately in order that the curb and gutter work and street resurfacing not be delayed. Voting Aye: Voting No: Mayor Pro-Tem Davis,Commissioners Halbert, Lamkin and Lutz. None. Bids received for painting of the city's two elevated 'iorater storage tanks were opened and results announced as follows: Joiner, Inc. Water Tank Serv.Co. Gulf Coast Painters, Inc. Knobloch & Company $9;730.00 4,887.00 9,437.00 8,484.60 Motion by Commissioner Lutz, seconded by Commissioner Lamkin, that bids received for painting the two water storage tanks be referred to the City Manager for tabulation and recommendation. Voting Aye: Voting No: Mayor Pro-Tem.Davis,Commissioners Halbert, Lam..kin and Lutz. None. Bids received for designing and installing cathodic protection ror the two elevated water tanks were opened and results announced as follows: Wayne Broyles Eng.Corp. $3,952.32 Cathodic Protec.Serv. 2,082.00 Metallic Corros.Cont.Co. 4,990.00 Corrosion Rectifying Co. 1,814.00 r-. .-= ____c. ~ _r ~~u Motion by Commissioner Lamkin, seconded by Commissioner Lutz, that bids received f'or designing and installing cathodic protection for the two elevated water tanks be referred to the City Manager and that he be authorized to seek the aid of ~ualified persons to interpret and analyze the bids for tabulation and recommendation. Voting Aye: Voting No: Mayor Pro-Tem Davis,Commissioners Halbert,Lamkin and Lutz. None. Bids received for delivery of materials for repairs at the Sewage Dis - posal Plant were opened and results announced as follows: Moline Malleable Iron Company Hou--Tex Independent Supply Inc. Buffalo Machine Company Link-Belt Company Kreiter Ind. Supply, Inc. *(:-NO BID on Sprockets)' Behring's Bearing Service Inc. *(NOBID on Sprockets) Beacon Supply Company Inc. Texas Belting Supply Company Chain Belt Company *(NO BID on Sprockets) $3,428.50 2,856.36 2,866.00 3,210.75 2,82~4 .29* 2,914.23* 3,573.81 2,997.82 3,001.89* Motion by Commissioner Halbert, seconded by Commissioner Lutz, that bids received for f'urnishing and delivering materials for repairs at the S~wage Disposal Plant be referred to the City Manager for tabulation and recommen- dation. Voting Aye: Voting No: Mayor Pro-Tem Davis, Commissioners Halbert, Lamkin and Lutz. None. A tabulation bf bids received on March 9, 1959, was submitted to the Commission with a recommendation that the low bid of' Carroll Service Company be accepted, with the following explanation: 11 It is recommended that a larger Hydraulic Hoist be purchased in order that the truck and platform might be used in other departments during the off season, and that a 3/1611 one piece steel floor be substituted for the pine flooring on the following basis. 1. A 2011 R,am Marion Hoist Cylinder be substituted f'or the 1511 Ram Hoist Cylinder, as bid for the additional sum of $75.00. 2. That a 3/1611 one piece steel floor be substituted f'or the pine f'looring, as bid for the additional sum of $87 4"1 I'" l......-. The total contract price would then amount to $1377.20. We recommend that a contract be awarded to the Carroll Service Company on their low bid of' $1214.80, and the contract be increased by $162.2~0 to include Items 1 and 2 above. (s) City Manager II Motion by Cou1illissioner Lutz, seconded by Commissioner Halbert, that the bid of Carroll Service Company be accepted, and the contract be increased 1'''~,.".~~~'~"~~"'T'c"::1 -'_ ["~'~"C"'_~~~""~_"''''--- ~..'.____m.~_ "Pl'iId'l .!.~J \Jl by $162.40 to include a 2011 hydraulic hoist to be substituted for the 15" hoist cylinder as bid; and a 3/l611 one piece steel floor be sub - stituted for the pine flooring as recommended by the City Manager. Voting Aye: Voting No: Mayor Pro.-Tem Davis, Commissioners Halbert, Lamkin and Lutz. None. Minutes of the regular meeting of the Zoning and Planning Board, held on March 12, 1959, 'fere presented for consideration /3,nd the follm'ling action taken: CfJ 0".> '\"""'f 'et: et =r: Motion by Commissioner Lutz, seconded by Commissioner Halbert, that the City Manager and City Attorney be directed to write a letter explaining to the persons of Tangley Terrace who signed the petition asking the city to Iluse all their legally authorized powers to the end that any and all property owners in the subdivision be permitted to advertise such proper- ty for sale for residential purposes only", \vhich isa provision of the private deed restrictions, according to the property owners, in Tangley Terrace, over which the city has no jurisdiction. Voting Aye: Voting No: Mayor Pro-Tem Davis, Commissioners Halbert, Lamkin and Lutz. None. The City Attorney reported that he had written letters to five property owners, named as follows, who have alleged zoning violations and had ad - vised each of them that legal action would be instituted by the city if the violation had not been corrected within 10 days. The Commission .,instruc- ted the City Attorney to write an additional letter to the violators advising them that action would be taken immediately unless the violation is ceased. Mr. H.S'.Paes, 3108 Jarrard 1-tts. Lucy A.Darling, 4040. Byrgn !vIr. Geo:. A.Beck; ,280L];t.ice Mr. C. O. Boydstun, 2702 Talbot Mr. Roy Logsdon, 3601~Ot;tingham The City Attorney advised that Attorney Paul strong, Counsel for the city in the case of Marshall vs. City of West University Place referring to the rezoning of the property in 4100 block on BellaireBoulevard, had stated that the case has nm-T been set for April 20th, and desired to em- ploy two or three ~ualified real estate experts to testif'y at the hearing. Motion by Commissioner Halbert, seconded by Commissioner Lutz, that Mr. Paul strong be authorized to employ realtors for expert testimony in the case Marshall vs. West University Place, as re~uested. Voting Aye: Voting No: Mayor Pro-Tem Davis, Commissioners Halbert,Lamkin and Lutz. None. Resolution 59-7, as follows, was submitted to the Conmlission and read in full: WHEREAS, on the 13th day of' March, 1956 the City of West University Place conveyed a tract of land of 19.11 acres out of the Beckman Canfield Survey, JCO=""'='=~='i" -, r' -'~~..==.="- '1 r- T t!d ~)' }'.,'; Harris County, Texas, to Robert Vernon King and as part of the pur - chase pl~ice of said property Robert Vernon King executed a promissory note of even date therewith in the principal sum of' FIFTY THOUSA~m ($50,000.00) DOL~\RS, bearing interest at the rate of' 4% per annum, the principal of said note being payable in three equal annual install- ments of SIXTEEN THOUSAlqn SIX HUNDRED SIXTY-SIX & 66/100 ($16,666.66) DOLLARS, the first such installment being due and payable on or bef'ore . the 13th day of March 1957 and the last installment being due and pay - able on or before the 13th day of March 1959; and WHEREAS, on the 13th day of June 1957 said Robert Vernon King did convey the above described property to Earl H. Gammage and said Earl vI. Gammage assumed payment of' the aforesaid note and said Earl W. Gammage is now the owner of' said property; and WHEREAS, said Earl W. Gammage has requested that said note be extended so that the final pa~nment thereon shall become due and payable on the 13th day of March 1960 and the request of said Earl W. Gammage has been considered by the City Commission; NOH, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY' OF WEST UNIVERSITY PLACE, TEXAS: 1. That the Mayor is hereby authorized to enter into an agreement with Earl W. Gar.~ge in behalf of the City of West University Place extending the time of payment of the third and final installment of the aforesaid note until the 13th day of March 1960. 2. An exact copy of the contract to be signed by both parties is at - tached hereto and made a part of this Resolution and such ag~eement is hereby referr'ed to for a more detailed description of said extension agreement. ... Motion by Commissioner Lamkin, seconded by Commissioner Halbert, that Resolution 59-7, authorizing the Mayor to execute an agreement with ~tr. Earl W. Gaw~Bge extending the time of the third and f'inal installment in the amount of $16,666.66 plus interest on a promissory note originally amounting to $50,000.00 and bearing interest at the rate of 4% per annum, for purchase of a tract of land of 19.11 acres out of the Beckman Can - field Survey on Alief' Road, be passed and approved as read. Voting Aye: Voting No: Mayor Pro-Tem Davis, Commissioners Halbert, Lamkin and Lutz. None. Appointment of an Insurance Committee was discussed and the following action was taken: Motion by Commissioner Lutz, seconded by Commissioner Lamlcin, that Messrs. Gus H. Comiskey, Pride Black, W. J. Gehharg,Ray W.Laird, Fred A. Rhodes, Jr. and C.V. Berson be appointed as members of the InsuranceCommittee. Voting Aye: Voting No: Mayor Pro-Tem Davis, Commissioners Halbert, Lamkin and Lutz. None. Minutes of the meeting of March 9, 1959, were read and approved as corrected. ;~~.~ 1 yeary, With no further business to come before the Commission, upon motion duly made, seconded and carried, the meeting was adjourned. ~.~.4~ ~1AYOR PRO TEM City of West University Place, Texas r~~~""-~T . I r' '.. ""'h'~-''''~''''''C~~l ---r 288 REGlJLAF. lvIEETING OF CITY COMMISSION APRIL 13, 1959 T__,., The City Commission convened in regular session at the City Hall Monday, April 13, 1959, 7:30P.M. with the following members present: Mayor Brown, presiding; Commissioners Davis, Halbert, Lamkin and Lutz. The City Attorne~y and City Manager were also present. The Invocation was pronounced by Commissioner Lutz. In compliance with Notice to Bidders, duly published in the official newspaper of the city, bids received from persons interested in purchas- ing used electrical equipment and other salvage material were opened and results announced as follows: C'? OJ ,-; < -et - ........ Electro-Quip Company ,Houston Armature Works $576.00 670.00 Motion by Commissioner Davis, seconded by Commissioner Lutz, that the bids received for purchase of' used electrical equipment no longer needed by the city be rejected due to the low figure submitted and that the City Manager be authorized to dispose of other equipment on a salvage basis. Voting Aye: Voting No: Mayor Brown, Commissioners Davis, Halbert, Lamkin and Lutz. None. No bids were received f'or f'urnishing and delivering one used bull dozer blade to the city in compliance with Notice to Bidders duly published. Motion b;)rCommissioner Lutz, seconded by Commissioner Davis, that the City Manager be instructed to readvertise for bids to be received f'or delivery of' one u~ed bull dozer blade for use on a TD 18 Tractor at the Disposal Grounds. Voting Aye: Voting No: Mayor Brown, Commissioners Davis, Halbert, Lamkin and Lutz. None. Mr. Roscoe R. McGuyer, Executive Assistant Manager for the Houston Coca- Cola Bottling Company appeared bef'ore the Commission requesting permission to erect a sign on the Wakeforest elevated storage tank advertising Coca-- Cola and announcing that the Coca-Cola stadium is the home of the West University Little League. Mr. McGuyer stated that the Company w.ould pay all cost. of erecting the sign plus all maintenance and power bills; and further that the company was willing to appropriate money f'or painting the tank one time for an estimated sum of $2,200.00. The Commission advised Mr . McGuyer to submit a proposed contract for erection of the sign i.hich would be referred to the City Attorney for legal advice. An invoice in the amount of $1,082.04 from the L & M Sign Company, with a recommendation from the City Manager that the amount be paid, was submitted for consideration. The City Manager explained that this amount was for the delivery of 852 street name signs @$1.27 in compliance with a contract entered into by the city on July 14, 1958. 720 signs were delivered and paid f'or during 1958 and the 852 which have recently been delivered and installed make a total of 1572 signs received which completes the contract. 1----- ~t54 Motion by Commissioner Halbert, seconded by Commissioner LamkinA that $1,082.01~ be paid the L & M Company, Inc. for delivery of (j52 , street name signs ,yhich represents the balance of the signs con- tracted for on July 14, 1958. Voting Aye: Voting No: Mayor Bro,Yn, Commissioners Davis, Halbert, Lamkin and Lutz. None. Lease of the Swimming Pool Concession fQr the 1959 season to Mr. J. H. Howard was discussed. Action was deferred until. the next meeting of the Commission. In compliance with action taken by the City Commission on March 23, 1959, a tabulation of bids received for painting the interior and exterior of the city's two elevated water tanks with a recommendation that a contract be awarded to the Water Tank Service Company on their low bid of $4,887.00 for painting the two reservoirs, and the estimate of $2,5l2.OO for labor, equipment and materials necessary to repair the reservoir. Mot'ion by Commissioner Lutz, seconded by Commissioner Halbert, that Water Tank Service Company be awarded a contract on their low bid of $4,887.00 for painting and an estimate of $2,512.00 on labor, equip - ment and materials necessary to repair the two water storage reservoirs as recommended by the City Manager. Voting Aye: Voting No: Mayor Brown, CommiSSioners Davis, Halbert, Lamkin and Lutz. None. A tabulation of bids received f'or the installation of Cathodic Protection for the two elevated water storage reservoirs was submitted with a recom- mendation that a contract be awarded to the Corrosion Rectifying Company on their 10\-1 bid in the amount of $1,814.00. City Manager W;hitt Johnson reported that he had contacted two qualified Corrosion Engineers, Messrs. Bert Suber, of Trunkline Gas Company and Lyle Sheppard, of Shell Pipeline Company, pursuant to instructions by the City Commission on March 23, 1959. It was their opinion that the Corrosion Rectifying Company is qualif'ied to install the cathodic protection system. Motion by Commissioner Lawtin, seconded by Commissioner DaVis, that a contract be awarded to the Corrosion Rectifying Company on their low bid of $1,814.00 f'or installation of cathodic protection for the two elevated water storage reservoirs as recommended by Corrosion Engineers, Bert Suber and Lyle Sheppard, and the City Manager. Voting Aye: Voting No: Mayor Brown, Commissioners Davis, Halbert, Lamkin and Lutz. None. A tabulation of bids received on February 23, 1959, for supplying the city's annvBl street material requirements was submitted with a recommen- dation that the low bids be accepted as follows: "',._".- __:~~_ _ r-='=--"~'====-'=C.~::1 '",' r=~:"~C"'C~~"~'~~"1 _r~-'---~ :,;; '('9 n Item 1 100 Tons Stabilized Shell 2 100 Tons Shell 3 60,000 gals. "Colas" '--- 4 300 Gravel Grade 10 Tons -- 5a 900 Tons Rock Asphalt-Grade 4 5b 250 Tons Rock Asphalt-Grade 10 Parker Bros. W.D.Haden Ce. ~vright Asphalt Products Company No bid received. We may'have to re-.advertise this item later. White's Uvalde Minesl.37 per ton II " "1.67 per ton @ $3.95 per T l. 70 per T .1064 per gal. Motion by Commissioner Lutz, seconded by Commissioner Davis, that the low bids submitted f'or street material requirements be accepted as recommen- ded by the City Manager. M m M < ..e:t ~ Voting Aye: Mayor Brown, Commissioners Halbert, Lamkin,Davis and Lutz. Voting No: None. w , A tabulation of bids received on arch 23, 1959, for delivery of Conveyor Chain and Sprockets, re~uired for repairs at the Sewage Disposal Plant, with a recommendation that the low bid submitted by Hou-Tex Industrial Supply Company in the amount of' $2,856.36, 'with 2% discount..! be.~c - cepted. Voting Aye: Mayor Brown, Commissioners Halbert, Davis, Lamkin and Lutz. Voting No: None. A letter was presented f'rom the Community Building Committee advising that a conf'erence had been held with three architectural firms in regard to proposed improvements for the building. It was their recommendation that the architectural firm of Pierce & Pierce be employed on a con - tingency basis to recommend needs and draw plans and specifications for improvements to the building. After considerable discussion on this matter, it was the Commission's opinion that members of the firm Pierce & Pierce be invited to appear Gefore the Commission to discuss the terms of emplo;yment and reach a mutual agreement. A meeting time for this purpose was set for Monday, April 20, 8:30'P.M. A proposal from the Harris County Right of' Way Department of'fering the sum of $55,150 for l. 5820 acres out of' the city's tract of land located at Alief Road and Edloe Street for right of way purposes for construc - tion of the Southwest Freeway. Af'ter discussing the present value of property in the area, it was the decision of the Commission that this offer was not in keeping with the present market value. Motion by Commissioner Davis, seconded by Comm.issioner Lamkin, that the offer from Harris County Right of Way Department, in the amount of' $55, 150 for 1.5820 acres out of the city's tract of land located at Edloe Street and Alief Road, be denied, and the City Manager authorized to negotiate further with the Harris County Right of Way Department. Voting Aye: Mayor Brown, Commissioners Davis, Halbert, Lamkin and Lutz. Voting No: None. k" r -~.. -,~ r .,..~.".~._.,_.",._....~..m 1 r T Il' Y~i; ~ <":'1 't..~ .~ ~...-l . Ordinance No. 757, captioned as follows, was presented to the Commission and read in full: " AJ:.T ORDINANCE FINDING AND DETER:MINING THAT EACH AND ALL OF THE PROCEEDINGS HAVE BEEN HAD AND ALL THINGS DOl\lE PREREQUISITE TO THE HOLDING OF A PUBLIC HEARING TO CONSIDER THE AI\fENDING OF ZONING ORDINANCE NO.lll OF THE CITY OF ~fEST UNIVERSITY PLACE, TEXAS, SO AS TO PEIDUT THE SUBDIVISION OF LOTS 8,9 AND lO,]jLOCK 1,BELLE COURT ADDITION, INTO 'TIm LOTS WITH A FRONTAGE OF 75 FEET A1\ID 80 FEEl', F.ESPECTlVELY; FINDING THAT A PUBLIC HEARING FOR THE PURPOSE OF CONm SIDERING AN' AMENDMENT TO ORDINANCE NO. III BAS BEEN DULY AND LEGALLY HELD; APPROVING AND ADOPTING THE REPORT AND RECOMMENDATION OF THE ZONING AND PlANNING BOARD THAT ORDINANCE NO.111 BE AMENDED SO AS TO PERMIT TEE SUB - DIVISION OF SAID LOTS, FIJ\1DING THAT ORDINANCE NO.Ill OF THE CITY OF \-JEST UNIVERSITY PLACE SHOULD BE AMEIIDED SO AS TO PERMIT SUCH SUB - DIVISION; AMENDING ORDINANCE Ne>. 111 PERMITTING SUCH SUBDIVISION; AND PROVIDING AN EFFECTIVE DATE. Motion by Commission Davis, seconded by Commissioner Halbert, that Ordinance No. 757, amending Ordinance No. 111, permitting subdivision of Lots Nos. 8, 9 and 10, Block l, Belle Court Addition, into two lots with a frontage of 75 feet and 80 feet, be passed and approved as read. I i i I --.J Voting Aye: Mayor Brown, Commissioners Davis,. Halbert, Lamkin and Lutz. Voting No: None. Ordinance No. 758, captioned as follows, was presented to the Commission and read in full: AN ORDINANCE FINDING AND DETERMINING 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 AMEIIDING OF ZONING ORDINANCE NO.ll;!.. OF THE CITY OF \'lEST UNIVERSITY PLACE, TEXAS, SO AS TO PERMIT THE SUBDIVISION OF LOT 1, BLOCK 23 , '.JEST UNIVERSITY PLACE FIRST ADDITION II-J""TO 'l't'TO LOTS OF 50 x . l50 FEET EACH; FINDING THAT A PUBLIC HEARING FOR THE PURPOSE OF CONSIDERING AN AMENDMENT TO ORDINANCE NO.Ill HAS BEEN DULY AND LEGALLY HELD; APPROVING AND .AJ)OPTING THE REPORTED RECOMMENDATION OF THE ZONING AND PLANNING BOARD THAT ORDINANCE NO. III BE AMENDED SO AS TO PERMIT SAID SUBDIVISION; FINDING THAT ORDINANCE NO.lll OF THE CITY OF \-lEST UNIVERSITY PLACE SHOULD BE Al~NDED SO AS TO PEPMIT SUCH SUBDIVISION; AMENDING ORDINANCE NO.lll PERMITTING SUCH SUBDIVISION; AND PROVIDDTG AN EFFECTIVE DATE. 287 Motion by Commissioner Davis, seconded by Commissioner Lutz, that Ordinance No. 758, amending Ordinance No.lll, permitting subdivi- sic;Dn of Lot 1, Block 23, West University Place First Addition, ihto two lots of' 50 x 150 feet, be passed and approved as read. Voting Aye: Mayor Brown, Commissioners Davis, Halbert, Lamkin and Lutz. Voting No: None. C"J 0') ~ ~ :r:::: City Attorney Charles Cockrell reported to the Commission on response he had received from letters written to property owne~s who are viola- ting the city's Zoning Ordinance by renting garage living Quarters. Attorney Cockrell was instructed to file suit against ~tr. C.O Boydstun, 2702 Talbot, who has admitted using the l~ story garage for rental purposes and also to notify Mr. George A. Beck, 2740 Rice Blvd. to abate violation of' garage apartment rental immediately or suit would be filed. City Manager Whitt Johnson advised that a check was being made of buildings on which permits had been issued during the past ten years where affidavits were filed by the m;mers certifying that the acces- sory building would not be used for commercial or rental purposes. Motion by Commissioner Davis, seconded by Commissioner Halbert, that any alleged violations where aff'idavits have been filed by the owners at the time a building permit was issued, be turned over to the City Attorney. Voting Aye: Mayor Brown, Commissioners Davis,. Halbert, Lamkin and Lutz. Voting No: None. A request from the Yf,WA was presented to the Commission, asking that the Mayor proclaim the week of' April 19-25 as YVTCA Week in West University Place. Motion by Commissioner Halbert, seconded by Commissioner Davis, that Mayor Brmin be authorized to execute a proclamation proclaiming the week of April 19-25 as YWCA Week in West University Place. Voting Aye: Mayor Brown, Commissioners Davis, Halbert, Lamkin and Lutz. Voting No: None An invoice f'rom City Attorney Charles Cockrell in the amount of $55 for services rendered in connection with filing an answer to the case styled E. A. Berry vs. City of West University Place, whereby damages were claimed as a result of' the paving on Richmond Road. Mr. Cockrell filed an answer on behalf' of the city advising that the paving on Richmond Road was a City of' Houston project and not West University Place. Motion by Commissioner Davis, seconded by Commissioner Halbert, that the invoice from City Attorney Cockrell in the amount of $55 for ser- vices rendered in connection with filing an answer to the case styled BerTY vs. City of West University Place, be paid. r==o;:~:_ ~--.:-.T-::.:=1 _..~r C'~.E-l .1 r ,(~oo Voting Aye: Mayor Brown, Commissioners Davis, Halbert, Lawldn ar:-~. Lutz. Voting :No: None" .' ~~.. A request was presented f'rom the Fire Department for permission to send 3 additional firemen to the Firemen's Training School at A & M College, in addition to the l~ presently authorized to attend. The City Manager explained that this Ims excellent training for the members of the Fire Department and added to the credit given the city by the state Fire Insurance Commission. ----' Motion by Commissioner Lutz, seconded by Commissioner Halbert, that the Fire Department be authorized to send three additional persons to the Firements Training School at A & M College. Voting Aye: Mayor Brown, Commissioners Davis, Halbert, Lamkin and Lutz. Voting No: None. The Commission discussed the advisability of appointing qualified persons to serve as a Cathodic Protection Committee. Commissioner Davis was asked to contact the f'ollowing persons and determine their willingness to serve on such a Committee to make a study and advise the Commission on cathodic protection needs for the cityts water lines: Messrs. Lyle Sheppard, A. B.Campbell, Don Bond and Russ Brannon. Minutes of the meeting of March 23, 1959, were read and approved as corrected. With no f'urther business to come before the Commission at this time, . upon motion duly made, seconded and carried, the meeting was adjourned~ ---' Place, ATI'EST: I --------._...1" I _'"...'"_C~,c~'"~, r. . " .. "~"".,--- " CD' ~ P,EGULAR MEETING OF CITY COMMISSION APRIL 27, 1959 The City Commission convened in~regular session on Monday, April ~7, 1959, 7:30 P.M., at the City Hall, with the following members present: Mayor Brown, presiding; COmtuissioners Lamkin and Lutz. The City Manager and City Attorney were also present. Commissioners Davis and Halbert were absent f'or business reasons. The Invocation was pronounced by Commissioner Lamkin. Resolution 59-8, as f'ollows, was submitted to the Commission and read in full: M m M < ~ ~ ~illEREAS, the City of West University Place, currently, has capital available in the Trust Agency, Insurance Reserve, Tax Revenue Sinking, Sanitary Sewer Capital Improvement Fund, Street Improve- ment i:indFireTx''Uck'Funds which will not be re'luired for operating expenses until the next fiscal year; and \~S, 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 TEE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, that the City Treasurer is hereby directed to invest funds amounting to: $500.00 from the Trust Agency Fund in the University Savings and Loan Association, $5,000.00 from the Insurance Reserve Fund, $5,000.00 f'rom the Tax Revenue Sinking Fund, $13,067.99 f'rom the Sanitary Sewer Cap. Impro. Fund, $4,120.00 from the Fire Truck Fund, all for a period of 12 months @ 3% in Certificates of Time Depos~t with the University State Bank. Motion by Ccmmissioner Lamkin, seconded by Commissioner Lutz, that Resolution 59-8 directing investment of $500 from the Trust Agency Fund in the University Savings & Loan Association; $5,00 from the Insurance Reserve Fund; $5,000 from the Tax Revenue Sinking Fund; $13,067.99 from the Sanitary Sewer Cap. Impr. Fund; $4,120 f'rom the Fire Truck Fund for a period of lZ months @ 3% in Certificates of' Time Deposit with the University State Bank, be passed and approved as read. Voting Aye: Voting No: Mayor Brown, Commissioners Lamkin and Lutz. None. The employment of an architectural firm for the purpose of recommending needs and drawing plans and specifications for improvements to the Community Building was again discussed and the f'ollowing action taken: Motion by Commissioner Lamkin, seconded by Commissioner Lutz, that Pierce & Pierce Architectural Firm be employed on a contingency basis for the purpose of recommending needs and preparing plans and specifica- tions for improvements to the Community Building, subject to a written agreement satisfactory to both parties. Voting Aye: Voting No: Mayor Bro~m, Commissioners Lamkin and ~utz. None. r"""'~'~~~~~~'~'1~r-l r"~"""~"~'~~~'~~'~"~l r 2HU In compliance with action taken by the Commission on April 13, 1959, a proposal from the Houston Coca-Cola Company was submitted for consideration. In anSvler to questions by members of the City Commission, City Attorney Charles Cockrell stated ,that in his opin- ion the proposed project would be lawful for the City Commission to approve as such use would in no way interfere with public functions or use by the city. Also that the Houston Coca-Cola Company had agreed to maintain and paint the outside of the water tank causing no added expense on the city I s part. Motion by Commissioner Lutz, seconded by Courrnissioner Lau~in, that the City Attorney be authorized to prepare a contract for submission and consideration at the next meeting of tlle City Commission. Voting Aye: Voting No: Mayor Brown, Commissioners Lamkin and Lutz. None. City Attorney Charles Cockrell reported that the Zoning suit George Marshall, et al vs. City of West University Place, had reached the Court at 9A.M. on Friday, April 24, 1959, and would probably con - tinue through April 30. City Manager Hhitt Johnson advised the Commission that property owners on the 6300 block of' Westchester and 6300 block of Rutgers had signed mechanic's lien coptr.acts and requested authority to proceed ,.;ith the paving. The Commission authorized the City Manager to proceed with the paving on the 6300 block of Rutgers 'and Westchester with assessments to be placed against property where owners have not signed. The City Manager explained a proposed Bill now bef'ore the Senate where- by Electricians would be licensed by the state instead of municipalities, in which they are doing work. Motion by Commissioner Lutz, seconded by Commi,ssioner Lamkin, that letters be vITitten to Representatives voicing objection to the pro - posed Bill whereby electricians would be licensed by the state as it is f'elt this bill would be very detrimental to the city's control in this area. Voting Aye: Voting No: ' Mayor Brovm, Commissioners Lamkin and Lutz. None. Motion by Comr~issioner Lamkin, seconded by Conrrnissioner Halbert, that the s,.;imming pool concession lease vrith Mr. J. R. Howard be approved af'ter proper certificate of insurance showing public liability and pro - ducts liability has been furnished by ~~. Howard. Voting Aye: Voting No: Mayor Brmm, Commissioners Lamkin and Lutz. None. The City Manager advised that $300 had been placed in escrow for in - stalling sidevlalks in front of residences at ..!!-128, 4132 and l~136 Richmond Road, by contractOl~s Lee O-~.Neal and Marion Tallen; said $300 being placed in escrow until th~ property owners could determine a desirable location "There the sidewalks could be constructed. The propert;)T Clmers nOVT ad - 291 vise they wish the sidewalks installed. Three inforn~l estilnates, for construction of the sidewalks were received, the lowest being from Dixon Brothers,4l06 B~id,for the sum of $240.00 for complete installation, with exception of reinforcement steel, which is to be furnished by the city at a cost of approxiraately $25.00. Motion by Commissioner Lamkin,seconded by Commissioner Lutz, that the City Manager be instructed to engage the Dixon Brothers to construct a side- walk in front of' 4128, 4132 and 4136 Richmond Road in accordance with their bid of' $240.00 exclusive of the 'steel which is to be furnished by the city and that the cost of said work be paid f'rom funds placed in es- crow for this purpose by contractors who erected homes on the respective property. Clj 0') ~ ~ :c Voting Aye: Voting 'No: Mayor Brown, Commissioners Lamkin and Lutz. None. Minutes of a special meeting of the Zoning and Planning Board held on April 23, 1959,were submitted to the Commission for consideration. Motion by Commissioner Lutz, seconded by Commissioner Lamkin, that Mr. E.E. David.son be permitted to construct a carport, utility room and stor- age room on the site of his present garage and storage room at his home located at 3103 Albans, subject to execution of affidavit that the struc- ture would not be used for living quarters or any commercial use, as recommended by the Zoning and Planning Board. Voting Aye: Voting No: Mayor Brown, Commissioners Lamkin and Lutz. None. The City Commission discussed advisability of purchasing Lots 4 & 5,Block 19, College View First Addition, located on the north side of the 3800 block Amherst Street immediately behind the Water Plant property. It was explained that the present property on which the proposed building to house f'acilities of the Water and Sewer Department and Garbage Department was inadequate and that additional property was needed in order to design a 1-Torkable area for these departments. The purchase of' this property would prevent the necessity of expenditures to relocate the Houston Lighting and Power Company transformer banks and power lines. The area is 'presently congested and the erection of a building on the present prop- erty, which project has heretofore been officially approved for future construction, would create a further congestion. The City Manager ad - vised the property could be purchased for $10,000.00. Motion by Commissioner Lamkin, seconded by Commissioner Lutz, that the City Attorney be authorized to proceed with the purchase of Lots 4 & 5, Block 19, College View First Addition as Trustee for the City, for use in connection with water, sewer and garbage department storage facili - ties, by entering into a earnest money contract with the present owner, pending investigation of title. . Voting Aye: Voting No: Mayor Brown, Commissioners Lamkin and Lutz. None. III ll,611 ~'<J.-J.~ Members of the Co~mission considere~ the problems which might be presented by neighbors and citizens on Arnherst street in relation to the proposed plan for expansion of municipal facilities of this area and stated that all zoning building line requirements must be adherred to and the property be properly landscaped and a natural' barrier erected to present an aesthetic view to adjacent property owners, if and when, such property is acquired and utilized in the building program. Minutes of the meeting of April 13, 1959, were read and approved as corrected. With no f'urther business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting was adjourned. ATTEST: ~~~ City Secret, L~u r~'''''"'='='''=~i~:I C '...."...='='='=,."=='=1 , ..J ~u 293 REGUL.A.R ~IEETING OF CITY COMMISSION MAY 11, 1959 I The City Commission convened in regular session at the City Hall, on Monday May 11, 1959, 7:30 P.M., with the following members present: Mayor Brown, presiding; Commissionel"S Davis, Halbert, Lamkin and Lutz. The City Manager and City Attorney were also present. The Invocat~on was pronounced by Mayor Brown. The City Manager advised the Commission that the city Charte.r provlslons prescribed fo~ the appointment of' a Board of Equalization to be composed of three members before the f'irst day of June. Af'ter discussion of var - ious eligible citizens, the f'ollowing action was taken: M OJ M ~ ~ ~ Motion by Commissioner Davis, seconded by Commissioner Lutz, that Messrs. ILE. Arnold, C. L. Wall, Jr. and David G. '{ynne be appointed as members of the Board of Equalization for the year 1959, with an alternate member to be appointed at a later date. Voting Aye: Mayor Brown, Commissioners Davis, Halbert, Lamkin and Lutz. Voting No: None. 1 I In accordance vTith a suggestion at the meeting of April 13, 1959, Commis- sioner Davis reported that he had contacted qualified persons in regard to their vTillingness and desire to serve as members of a Board, to be known as the Corrosion Prevention Board, and recommended appointment of' MeSsrs. Lyle R. Sheppard, A. B. Campbell, Donald Bond, Russell A. Brannon, Lloyd B. Quinby and George Pike as an ex-officio member. Commissioner Davis also suggested the following scope of' activity for the new Corrosion Prevention Board: ' (l) Recommendations for standards and procedures for corrosion prevention to be followed by City Water Department for future installations, also forre- pairs to existing leakage points where corrosion is t~e probable cause. (2) Recommendations fOr coordination of cathodic pro - i:;ection methods nOvT being used, or projected, by all utilities serving the city. Standards devel- oped for this problem could become the basis f'or an Ordinance. Motion by Commissioner Lutz, seconded by Cormnissioner Halbert, that a new Board be established to be known as the Corrosion Prevention Board, with Messrs. Lyle R. Sheppard, A. B. Campbell, Donald Bond, Russell A. Brannon, Lloyd B. Quinby and George Pike (ex-officio) to be appointed as members of the new Board, with a meeting to be called on Thursday, May 28, 1959, to consider recommendations as outlined by Commissioner Davis. Voting Aye: Mayor Brmm, Commissioners DaviS, Halbert, Lamkin and Lutz. Voting No: None. Commissioner Lamkin reported on a meeting held by the Community Building Committee on Thursday, May 7, 1959, at vnlich time it was agreed that the Committee would meet each 2nd and 4th Thursday nights to work on a program (l,,\IOt.jt ~;;y ~:.L for improvements to the Community Building; statistical advice would be requested from the Community Service Council; and it was recommended that a public relations committee be appointed to assist in publici - zing the proposed program. ! I 1- City Manager Whitt Johnson explained to the Commission that an error had been made in delivering two dump trucks as trade-in units on two new vehicles, and in this regard the f'ollowing resolution was presented for consideration: Resolution 59-9, as follows, was read in full: WHEREAS, the City of i~est University Place by legal advertisement, on the date of February 4, 1959, authorized the trading in of two 1954 International Dump Trucks on new equipment for the Street Department; and WHEREAS, the Ivy-Russell Motor Company submitted a bid and trade-in 13.1 - 1m-lance for 1954 International D1).I;l1p:,Unit, NQ.;5blt,Motor No. SD240 126503, Lic .No.2696,Trade.-in allmvanee $325.00 and Earl McMillian, Ine. submitted a bid and trade-in allowance for 1954 International Dump,Unit N9.506, Motor No. SD240 126513, Lic.No. 2697, Trade..in allowance $300.00; and if.HEREAS, through error Unit 504 ioTaS delivered to Earl McMillian, Inc. in- stead of Unit 506. In the meantime, Earl McMillian, Inc. sold Unit 504 to a third party which rightfully should have been delivered to the Ivy- Russell Motor Company; and WHEREAS, Earl McMillian, Inc. is agreeable to reimbursing the City of' West University Place $325 for Unit 504 and the Ivy-Russell Motor Company is agreeable to receiving $325 cash in liew of Unit 504 which rightfully should have been delivered to them; NOW,THEREFORE, BE IT RESOLVED BY: THE CITY COMMISSION OF THE CITY OF iiEST UNIVERSITY PLACE, TEXAS. Section 1. That the City Manager be authorized to receive from the Earl McMillian, Inc. Check No. 2126E in the amount of $325.00same to be deposited in the Treasury of the City of West University Place, Texas, and then a check of'like amount payable to Ivy-Russell Motor Company be transmitted to them in liew of their receiving Unit 504 on their bid allowance of $325.00. Section 2. That the necessary certificates of title both be de - livered to the Earl McMillian, Inc. which gives them lawful title to both Unit 504 and 506. Motion by Co~missioner Lamkin, seconded by Commissioner Halbert, that Resolution 59..9 authorizing the City Manager to receive a check from Earl McMillian, Inc., in the amount of $325.00 and a check of like amount payable to Ivy-Russell Motor Company be transmitted to them in lieu of their receiving Unit 50l~ on thei1~ bid allowance of $325.00, be passed and ap - proved as read. Voting Aye: Voting No: Mayor Brown, Commissioners DaviS, Halbert, Lamkin and Lutz. None. A statement f'rom R. W. Winstead, Real Estate Appraiser, in the amount of $75.00 for services rendered in connection with preparation of testi- mony in the Zoning suit, which was never given in court, Marshall et 13.1 295 vs. City of' West University Place, was submitted for consideration. Motion by Commissioner Halbert, seconded by Commissioner Davis, that the statement from Mr. R.W. Winstead, Real Estate Appraiser, in the amount of $75.00 be approved for pa~nent'as recommended by Attorney Paul Strong and authorized by the City Commission at the meeting on March 23, 1959. Voting Aye: Voting No: Mayor BrOim, Commissioners Davis, Halbert, Lamkin and Lutz. None. M O'J ~ .4 ~ ~ :d Mr. Everett P. Green, Auditor for the City, submitted a brief summary of his findings and recoTIilllendations in connection with his audit report of' the City' for the year '1958. Ordinance No. 759, captioned as follows, was subm~tted to the Commission and read in full: AN ORDINANCE LIMITING THE HEIGHT OF A FENCE OR vIALL AND PROHIBITUm ERECTION OF A FENCE OR vIALL BEYOND THE FROJ:.lT HALL OF 'rHE MAIN BUILDING I1!lTO THE FRONT BUILDING LnlE; EEQUIRING AN APPLICATION TO BE MADE FOR E..RECTIONOF A FENCE OR WALL; SETTING FORTH THE COST OF PER- MIT; PRESCRIBING THE RESPONSIBILITY OF THE CONTRACTOR FOR INSTALLING THE FENCE OR WALL AND REMOVING DEBRIS; PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR ($1) NOR MOP,E THAN TWO HUNDRED DOLLARS ($200) FOR VIOhA.TION AND PROVIDING FOR EFFECTIVE DATE; A..1\ID REPEALING ALL ORDI1!TAJ'.lCES OR PARTS OF ORDINANCES IN CONFLICT \.-TITH THIS ORDINANCE. Motion by Commissioner Halbert, . seconded by Commissioner Lutz, that Ordi- nanceNo. 759, limiting the height of a fence and prohibiting erection of a fence or wall beyond the front wall of the main building into the front building line, be passed and approved as read. Voting Aye: Voting No: . Mayor Brown, Commissioners Davis, Halbert, Lamkin and Lutz. None. Ordinance No. 760, caption~d as follows, was submitted to the Commission and read in full: AN ORDlNAJ~CEFINDING AND DETEmm\fG THAT EACH AND ALL OF THE PROCEED- INGS HAVE BEEN HAD ATiJD ALL THINGS DONE PREREQUISITE TO THE HOLDING OF A PUBLIC HEARING TO CONSIDER THE AMEI\1J)];NG OF ZONING ORDINANCE NO.lll OF THE CITY OF i-lEST UNIVERSITY PLACE, TEXAS, SO AS TO PERMIT THE SUB- DIVISION OF LOT 11, BLOCK 31, '\-lEST UNIVERSITY PLACE FIRST ADDITION n1TO TWO LOTS OF 50 x 150 FEET EACH; FINDING THAT A PUBLIC HEilliING FOR THE PURPOSE OF CONSIDERING AN A.iYrENDMEl'lT TO ORDINANCE NO.lll HAS BEEN DULY AND LEGJI...LLY HELD; APPROVING AND ADOPTING THE REPORTED RE- COMHEl-l'"DATION OF THE ZONING AND PhANNING BOARD THAT ORDINl\lITCE NO.lll BE AMENDED SO AS TO PERMIT SAID SUBDIVISION; FTImDTG THAT ORDINANCE NO.lll OF THE CITY OF 1flEST t.Jr.rIVERSITY PLACE SHOULD BE AJYrEJ:lIDED SO AS TO PERIvIIT SUCH SUBDIVISION; AMENDING ORDINANCE NO.lll PERMITTING SUCH SUBDIVISION; AND PROVIDING AN EFFECTIVE DATE. Motion by Commissioner Davis, seconded by Cow~issioner Halbert, that Ordi- nance No. 760, amending Ordinance No.lll, peI'mitting subdivision of Lot 11, rc"oc ,.- '-~~~["--=r- r.' ",~-~,.._,c~",~.n'l IU .~o~ ,s.;:}'U Block 31, West University Place First Addition, into two lots of 50 x 150 feet each, be passed and approved as read. , Voting Aye: Voting No: Mayor Brown, Commissioners Davis, Halbert, Lamkin and Lutz. None. .--~-'\ I ! ---.-J In compliance 1-rith action taken by the City Commission on April 27, 1959, the City Attorney submitt~d a proposedCcontract ~etweenthe ~ity of ~~st University Place and the Houston Coca-- ola Bottllng Company Ior erectlon of a sign by the coca-Cola Company on the City's elevated water storage tank on Wakeforest street, which was read in full. The contract is as follows: II Ag;reement made and entered into this the 11th day of' May, 1959, 1JY and between the City of I'Jest University Place, a municipal corporation, hereinafter called City, acting by and through its duly authorized Mayor, and the Houston Coca-Cola Bottling Company, hereinafter called Company. I .--: HITNESSETH In consideration of the mutual covenants herein contained, the parties hereby agree as follows: 1. The City hereby permits the Company, at all times during the con tinuance of this agreement, to paint and illuminate by neon tubing, a sign reading IIDrink Coca--Colall on the East and West side of Cits"s VJakefm:est street elevated vTater storage tank and for that purpose the Company shall have the right of access to said water storage tank and the right to do all things necessary to painting, illuminating and operating such sign. ~~I i' ! i --' II. The Company agrees that at the time of placing the "Drink Coca~Cola" sign on said tm-rer they will erect, install, operate and maintain on the East and West side of said tower a sign whose letters would be mounted on hurricane fencing and attached to said tower shieh Shall read as follows, II Home of 1.fest University Little League Baseball" and City shall have the option as to 1-rhether said sign shall be illumina- ted ,.lith neon tubing or by tie use of f'lood lights. III. The Company shall obtain the necessary consents for the erection and n~intenance of' said signs from the proper municipal departments and Con~any shall keep said signs in good repair at its own expense. IV . The Company shall pay all sums that may become due to the electric light company for electric energy supplied to said signs ano_ shall keep the City indemnified against being called on to pay the same. The Company shall have the right at all reasonable times to enter in- to and upon the said premises for the purpose of repairing, inspecting or testing the said signs and doing all work necessary f'or wBintaining t~.,e same in a state of efficiency, all of iorhich shall be done at its sole expense. I~~~=~f-- --C:=J. -- !-~ ,"u '~_'] -[~--- 291 V. The Company ,.Till pay to City the cost of repainting said tower, said sum at the option of City being payable immediately or at the time of the next repainting of said tower and it is calculated that the approximate cost of repainting said tower is $2000.00. VI. f..~ OJ ~ :i ::t:: The Company shall indemnif'y and save harmless the City from all liability hm-rever arising to any and all persons ,vhomsoever, or for personal injuries or otherwise, by reason of' the erection, mainte-- nance, operation, unsafety of condition of any sign or signs or any part thereof', or any device or appliance used in connection there- with, and from any damage or injury resulting to any persons w'homsoever f'rom defects in or defective condition of any of the signs so erected by Company. VII. This agreement shall remain in force for the term of five years from the date of signing hereof, unless previously determined as here- inafter provided and at the expiration of said five year period the Company shall have the option to renew said agreement for an addition- al five year period. VIII. If the Company shall fail to perf'orm or observe any of the stipulations on its part herein contained, it shall be lawful for the City to determine this agreement by giving to the Company ten days written notice of City's intention so to do; in the event it is ascertained at any time during the period of this agreement that the erection,. maintenance or operation of said signs interferes in any way with City's operation of said storage tank, the City shall have the right to terminate this agreement by giving to the Company ten days ~n'itten notice of the intention so to do. IN vJITNESS 1mEREOF, this agreement is hereby executed in duplicate originals on this the 11th day of :May, 1959. (s) Wesley R. Brown MAYOR City of West University Place Texas (s) Thmnas C. Evans HOUSTON COCA-COLA BOTTLING CO. PP,ESIDENT " I 1- _ ------ !.--"---.- 1~:I ['..' 298 Motion by Cammissianer Davis, seconded by Commissianer Lamkin, that MayaI' Brmm be autharized to' execute the contract vli th the Coca~Cala Battling Company for erectian of' a sign on the City's elevated water storage tank on Wakeforest street. Voting Aye: Voting No: Mayor Brown, Commissioners Davis, Halbert, Lamkin, L'utz. None Minutes of the meeting of April 27, 1959, were read and approved. With no further business to come before the Caillnlission at this time, upon motion duly made, seconded and carl~ied, the meeting \,ras adjourned. ATTEST: :MAYOR university Place, Texas ----=t: r I i ! '.......J 1" -,~ . 'J HEGULAR r.1EETING OF CITY COMMISSION _____}1AY 25, 19'59 (~" I I ! j Iq I The City Commiss ion convened in regular session at t',e City Hall on Monday, May 25, 1959, 7:30 P.M., with the following members present: Mayor Brown, presiding; Commissioners Halbert, La~~in and Lutz. The City Manager and City Attorney were also.present. Commissioner Davis was absent because of' business reasons. The Invocation was pronounced by Commissioner Halbert. lL~ In compliance ,>Tit:} Notice to Bidders, duly published in the official nevlS- b&per of the city, bids received for delivery of a dozer blade and hydraulic attachments to fit an International TD-18Tractor used at the Garbage Dis-.. posal Grounds, were opened and results announced as follows: c') ~ t;;.) E. T. Baker, Fort Bend County Plains Machinery Company, Amarillo- $2,650.00 2,250.00 ,....~..... 1::--,/.., cc Motion by Commissioner Halbert, seconded by Commissioner Lutz, tl':at bids 1'e-- ceived f'ordelivery-of a dozer blade and hydraulic attachments for installation on the city's International TD-18 be referred to the City Manager f'or t8~U- lation and recommendation. Voting Aye: Voting No: Mayor Brown, COu~issioners Halbert, Lamkin and Lutz. None, I r l.....- Mr. Gus Comiskey, Chairn~n of' the InSurance Committee, appeared bef'ore the Commission and submitted the following report on t11e Committee's activities and recommendations: a. vIORKlv1EN'S COMPENSATION - this ,form of' insurance being purc:,:ased26cja be- low standard rates. No recommended change. b . COMPREHENSIVE GENERAL LIABILITY INSURANCE pl~esently carrie$ limits of $l()(), (JOO per person Recommended to increase bodily injury limits to $500,000 per occurrence, additional annual cost this f'orm of $300,000 per $200,000 per $170. insurance occurrence. person and c . AUTOMarIVE EQUIfl,1EJ.lIT - Present limits $100,000 pe:c person and $500,000 per occurrence on Bodily Injury and $25,000 on property damage; being vlritten on an experience credit of'36ajo. Recommendation f'or insurance '.Jritten cn a $50.00 deductible basis ~ The saving on premiums for deductible prop .- er'ty. damage vlOuld have been $685.67 on previous ;.Tears claims. d. PUBLIC EMPLOYEES FAITHFUL PERFORMANCE BOND Present amount $5000, re- commended increase to $10,:.',00. A 3 year increase in cost of' $261.92. e. FIRE INSUPANCE - Total value based on all property $385,000. No re- commended change. ,'--, I ' I . I i L' f. BOILER INSURANCE - On cast iron boilel' in the City Hall Building. No recommended change. '1 r' 2" Motion by Commissioner Lutz, seconded by Commissioner Lamkin, that auto- motive e~uipment Property Damage coverage be written on a $50.00 deductible basis and that further conside~ation be given to. increasing' Bodily Injury and Property Damage under the General Comprehensive Liabiil- 0" ,"- ." ity Insurance, increasing Public Employee's Faithful Performance Bond . from $5;.000 to $10,000, and consideration of carrying windstorm insurance on all property. Voting Aye: Voting'''No:. Mayor Brown, Commissioners Halbert, Lamkin and Lutz. None. Minutes of the Zoning andPlannipg Board meeting held on May 14, 1959; were submitted to tte Commission for consideration. . 'Mt;'&Mrs. L. L. Laningham, appeared before the Comm:i,.ssion on behaU of a . re(luest presented to tte Zoning & Planning Board' by Mrs. Ida Hanka for per"7 .' missi.on to erec"!! a resiCl.enceonLot16., Block 13, Monticello Addition, being a~let 43.6 x 105 feet with a minimuIDs(luare foot area of l200 s(luare in - stead of 1400 as required by t e Zoning Ordinance. The ~oard recommended that permission be granted for a residence to be cotlstructedonLot16) which is only 43.6 feet in width since the lot was originally subdivided in this1vidth;andwaspurchased hy Mr. and Mrs. Hank~:":im 1927, predating the Zoning Ordinance. However, it was no"!! recommerided> that the l;:milding requirements be lowered. Mr. & Mrs. Laningham, vlhopropose to purchase . the lot from Mrs. Hanka f'or the purpose of building a home, protested the action: of ,the Zoning Board insofar as the building :requirementsloT.ere con. cerned and asked the Commission to f'urtherconsiderthe request.. The Commission agreed to have a check made on other residences in the area to determine 'whether or not ". all loTerein compliance with the requirements, and 0 to further cons ider the re'l.uest at the uext regular meeting. .1-::. The Commission revie'wed a re(luestfrom MisS Phyllis Cole who stated that . she had purchased from Mr. Fra.nkJ. Gaskey, the East 15 i of Lot' 16,. Block 16~ Colonial Terrace, which is adjacent to her home, located on Lot 15,and she desired to relocate her garage on a.'portion of. this additional prop - erty. The necessity of a public hearing was discUssed between the Com - mission and the City Attorney, &nd it was the declsion of the Commission that a public hearing should be held as a matter of policy and that Mr. Frank Gaskey and Miss Cole should be notified of this requirement, and . also of the feere(luired for this'purpose. Voting Aye: ~oting No: Mayor Brmm, Commissioners Halbert, Lamkin and Lutz. None. Motion by.Commissi9ner Halbert, seconded by Commissioner Lamkin, that a pub- lic h~arillg be called to consider subdivision of Lots 1 & 2, Block 24,west ,'" trn'iversityPlace First Addition, into four 50 x 150 foot lots as re(luested by Mr. H. L. McCormick, subject to a satisfactory survey of improvements D', on the lpts determing that all setback requirements are met, as recommended by the Zoning and Planning Board. Voting Aye: Voting No: Mayor Brown, CQmmissioners Halbert, Lamkin and Lutz. None. T _'O~'~C-''''~'''"''''[' '~'I run "I~"-----'-----r 3 D Motion by Commissioner Halbe!:"t, seconded by Commissioner Lutz, tLat the request of' Mx'. R. A. Piehl, 3006 RObinhood, be further investigated to ascertain the exact intentions of Mr. Piehl, as recommended b~r the Zoning and Planning Board. Voting Aye: Voting No: Mayor Brown, Co~missioners Halbert, Lamkin and Lutz. None. The f'ollovling amendment to the contract with the Houston Coca Cola Bott- ling Company, changing Section V, was presented and discussed: ~ The Company will pay to City the cost of repainting said tower or an amount of $2,400.00, whichever figure is smaller. A contract having re cently been aT,rarded for the immediate painting of said tOloler this proposition ,?ill apply to. t:.,e next repainting estimated to be four or five years hence. tI :Motion by Com.missionel.' Lutz, seconded by Com.missioner Halbert, that the amendment to the contract whereby the Coca-Cola Bottling Company "rill pay the cost of repainting the Hakeforest wa.ter storage reservoir, or an amount of $2400, whichever figure is smaller, the next repainting job estiu~ted to be f'our or five years hence, be approved and accepted by the City. Voting Aye.: Voting ~o: Mayor BrovlD, C01.mnissioners, Halbert, Lamkin and Lutz. None. i ) U A request was received fromxaembers of American Legion Post No. 77, T,Tho had sponsored a Boy Scout Troop that met the t:1e Scout House on tb.e Colo- nial Park grounds, f'or permission to remove the Scout House and construct barbecue and other picnic facilities at the same location. It was ex - plained that the Scout House ,vas built about 20 years ago and is presentl~r in need of very extensive repairs, also t'ne Troop ,.,,-hich had used the building during this time had now disbanded. A letter from the Sam Houston Area Council of Boy Scouts of America, signed by Scout Executive Minor Huf'fman, stated they had no objections to disposing of the Scout House. Motion by Commissioner Lamkin, seconded by Commissioner Halbert, that Am- erican Legion Post No. 77 be permitted to remove the Scout HOUSe at Colonial Park and that their request to construct barbecue pits and other picnic facilities at the same location be approved subject to their furnishing plans before beginning construction. Voting Aye: Voting No: Mayor Brown, Commissioners Halbert, Lamkin and Lutz. None. Plans and specifications from the City of Houston for the paving of' Bisson- net Street from Wakeforest to Kirby Drive ,.rere reviei'led by the City Commission and City Engineer. No exception was taken to the plans and speci- fications .and all drainage was declared adequate by the City Engineer. :Motion by Commissioner Halbert, seconded by Commissioner Lutz, that plans and specifications as submitted by the City of' Houston, f'or the paving of Bissonnet Street from Wakeforest to Kirby Drive, be approved. ( I . I : I ! I ! U Voting Aye: Voting No: Mayor Brmm, Commissioneis Halbert, Lamkin and Lutz. None. r~"=- '-~--~l r'-'-~'-~~-~'~'~-'~~-l 4. . ' . " . The 'City Manag~:i:' requ~s'.hedauthQtity to prepare plans and specifications for thepayipS'of . "skip;'! area:stflrougho~tthe city .~ndals6for the ~aYing' of severalblbcks where requests have been submitted. . TneCity Manager and . Ci {;;y 'Engineer were! author2zedtci proceed with plans and' specif'icatio1lli$ for pavi tlgof'the: a:reas aSI'equ~,s~ea:. .:' The following st~tementsinvolvingexpenses in connection with the Zoning case of' Mar13nall eta.Lvs,C~tY~f.'WestP"niversity Place were presented for consid~ration: ' , . 0' , , , ~. ".,' . C . A. Whi telford:; '~,~R. CEi;rtei'\ , :Pau.l Stro~g R~a.l Estate testimony .-". .:'A~~:~~~.~ts'.. . ' . Certified copies of abstracts ,$100.00 , 40.00,"" 22.50 Motion, byC9-m.lD.issi,olfer .~l!1k:i.n,', ~econded by Commissioner Lutz;" :ihatl3ti:l.te - mentsfro.m.c ..A~ Wh:itelfot,d,E~R~ ,~ai'ter and'Paul str.ongin connect:1oh with thezonl,. suit ofM4irsh~ll-.~~:~iii;l;ib#': approved' f'or:paymePt. . . . '. '-':;' .' . '.' .' . ,>'-'~"~::, ,,' (:' ," ' ' . .... ..' . Voting Aye:'M8.yor:ar9Wt),i'C6~isiiioners Halper.t,Laink~n and Lutz., Votiti~No: 'None. ' . ' . . '.. A statemeritfromAttori)~yi.'E>~ownes~ Jr., 'in'the amount of: $7)0~OOf,?r fees incoririectiol1 with'legal work involved in the Wes't;cheeter:' Rutgers'. andVa:nderbilt,~ving::proje~t~sqonsidered and, the followin~aGtibn taken: . ., Mot:j.on'by CO~:tf3Si6per.~tnk:fn},$~~bhdedl:lYCOnmd,sSioner' Halbert,~~at,tl1e i," statementfr6mE. E. };rbwne~j '~r~,.:tnthe amQuntof $750.00 forlegalW9rk invoived inth.e West;c!i~srtelr;Etitg~rs:,arid Va~derbilt' paving project:be,~p~ prO~~d:f9r pa.~en:t.: ;.'7 ' ..' " ,',. '., ' ,_.", . . '< ' . o , . . . - . . , Vot:i,ngAyei{;, ~""Mayor :l3r6vin,.Cd.:tss}..oher:sHalber~, Lam.k;in, and Lu'tz.' . yotingJ,'if9: .' ,'..',.:None. .:. .' ..". ," Minutes of: the ,meet;i.ngpt.y li", .];959, were read. and appr:ove.d as. corrected. . ."... . . ,:,' , . . , . . , . , . ' . hthe. COmJlission at this ti~:.;: upon" the meeting was adjourned.,. '.' With no "~u~the~btl~in~'6~: tdG6m~ - before tnot~Otl. duiY'mli~e:; 's'eco~<<ed~tiQ:~:arri~d~ . ,"' "- A~2.. ... ...W.' .'.' '. '. , ,;'. . . . .. . . . . '.' ",. .' ...' . . ," . .'. . . . . . . '. .' . . . . . . . , . . '. -. '. . . "... . .." . ... " . .... . '.. '. . .". . . ., . ".' ... . -'. . .' ..... .." . 4/#~............ ... " . "Ol ' . ' , ry':, ,'" . . . . . . . .'. . .. . .', ..... ; : "., . ....".. '. ~.'- . . , , (., .i . . '.- . . ", ~ . Q T . ~ ,. T"'.....- ------f- ~~'l r'l I i ! I I~: ~~~ (-"', '-><.... <::.:r <:~ c..c c:: (i , L ii' '--- [ Ii ~ . . L If' REGULAR MEETING OF CITY CO~4MISSION JUNE 8, 1959 The City Commission convened in regular session at the City Hall, on Monday, June 8, 1959, 7:30 P.M., with the following me~bers present: Mayor Brown, presiding; Commissioners Davis, Halbert, Lamkin and Lutz. The City Attorney and W. F. Spencer, Acting City Secretary, were also present. City Manager Whitt Johnson was out of' the city on vacation. The Invocation was given by Commissioner Davis. In compliance with action taken by the City Commission on May 25, 1959, a tabulation of bids received on tJlat date for furnishing a hydraulic dozer and attachments for installation on the City's TD-18 Tractor for use at the Garbage Disposal Grounds, was submitted with a recommendation from the City Manager that the bid of' E. T. Baker of' Fort Bend County in the amount of $2,65C: f.o.b. West 'University Place be accepted. It was explained in a letter from the City Manager that this was not the low bid submitted, how- ever, the other bid received was from the Plains Machinery Company in the amount of $2,250 f.o.b. Amarillo, and it would require expense of'someone to investigate the condition of the equipment and fr~ight charges from Amarillo to West University Place. It was his opinion that the bid of E.T. Baker was the most advantageous to the City. The City Manager also reconnnended that authorization be granted to engage the Texas Welding & :press Company to mount the dozer to the TD-18 Tractor, in accordance with their quotation in the amount of approximately $1100, which' includes 80 grousers to be "i-relded on the tracks. Motion by Commissioner Davis, seconded by Commissioner Halbert, that the BucyrusErie Dozer complete with hydraulics be purchased from E. T. Baker of Fort Bend County, for the sum of $2,650 f.o.b. West University Place, and that Texas Welding & Press Company be engaged to mount the Dozer to the City's TD-18 Tractor for approximately $1100, as recommended by the City Manager. Voting Aye: Voting No: Mayor Brown, Commissioners Davis, Halbert, Lamkin and Lutz. None. Miss Phyllis ~ole appeared b~fore the Commission with a joint re~uest that Lot 16, Block 16, Cqlonial Te~race, be subdivided in order that she might relocate her garage:""on a portion of this property ,{hich she has purchased from l~. Frank Gaskey in,order that she might have a larger yard area. She is also owner of Lot 15, Block 16, on ',rhich she has her home. Motion by Commissioner Halbert, seconded by Commissioner DaVis, that a pub- lic hearing be called f'or July 13,1959, to consider subdivision of' Lot 16, Block 16, Colonial Terrace, the East .l5' to be added to Lot 15, Block 16, Colonial Terrace, as re~uested by Miss Phyllis Cole and Mr. Frank J. Gaskey and recommended by the Zoning and PlannipgBoard. Voting Aye: Voting No: Mayor Brmm, Commissioners Davis, Halbert, Lamkin and Lutz. None. 1 -~ ....:.1'-,---.- <-- --..._ _1. - r> 6. The recommendations submitted by the Ins~rance Committee on May 25, 1959, were f~ther considered by the Commission and the following action taken: Motion by Commissioner Lutz, seconded by Commissioner Lamkin, that the City'sComp~ehensive General Liabilit~ Insurance be increased from $100,000 ..,.Oi,' per person for ?odily injury to $200,000, and from $}09,00~ per occurrence to $500,000., at 'an additional ann}lal .cost of $170;' also that Public Em ."" ployees Faithful Performance Bond presently in the amount of $5,000 be increased to $10,000, as recommEmd~d by the Insurance Committee. ' Voting Aye: Voting No: Ml:lyor Brown, Commipsioners Davis, Halbert, Lamkin and Lutz. None. An ~gpeement between the City of West UniVersity Place, Texas, and the . Office of Georg~ P;i.e;t'ce-Abel B. ~ierce, Architects and Planning Consu,l- tants, ew..ployitig t};:Le f'~rm to.~perform archite.cturalservices on the proposed remodeling or rebuilding of the Community House was submitted to the Com - .~ssion for consideration. . Motion by Commissioner Lutz, 'seconded by Commissioner Halbert, that the, . agreement between the City of West University P,lace- and George Pier~e...,A'bel B. Pierce, ~rchitects and Planning Consultants, be approved. Voting Aye: Mayor :arown, Commissioners Davis, Halbert, Lamkin andI,utz. Voting No: . None. Minutes of the CQ1DmutlitYl!ouse J~ommitt-ee meetingp held on May 14th and: May 28th were presented t() the COlIllqission. . It .was-. noted ,that the Committee was planning a survey todetermine'th~ need for anew Recreation.Building. and .That facilities should be incorporl:lted therein. The Committee will be Gtssisted inobtaining;thesqrvey by the 'CommunityCouncil of Houston. Minutes of 'the first meeting . qfthe Cor~osion Prevention Bo~rd heldo.l;l May 28, 1959, were also presented to the Cpmlni,ssion. . Officers f,l.lectedtoserve .. J'" ... . the Board, were }!.Jr,.A. B. campbellt'Q;ha1;rman, anli, Mr. Lyle Slleppard,Vice ':'" Chairman.. The Board suggested ,that records be k-ept of all water lea1cs and that if it is convenient, fqr one or more members of the Board tq examine ." breaks ,;iIltne 'water .pipes cor "mains of the City'.S system to determine the, cause of the break or leak. " :] Mr. W.: T. Henderson, Jr., Water SUPerintendent, advised the Commission that the 41f. liIle supplying- water tothe,busi~essestaplish~nts in the . Corrigan Center, loc~ted at Bellaire Bo~lev~d and Weslayan Avenue, needed replacing since lPajor rEi!pairswere having to be'ma.de quite frequently. 'Mr. Henderson review~d E;!xpensesinvolved inrepa;i.rl? for the past 6 months and.Jt was his' opinion that it would be more advantageous to the city to replace the line at an approx;i.mate cost' of'$767 . 76 rathe:r than continue repairing' the line: and eausing,such an inconvenience to residents and business esta'blish~nts. , . Motion ~y Commissioner Dav;i.s, seconded by Commissioner Halbert, that an em ..., ergency be declared and authorization granted for purchase of 41f pipe to . replace the water line between Bellaire and Ruskin in the 4000. Block, and installation of cathodic protecti€m as .may be recommen,ded by the Corrosion , Prevention Board. o " , /:;A~. '1 ~~,".,- '.n .""\" r' . .. .." '" 7',' <~ , , Voting Aye: Voting No: Mayor Brown, Commissioners DaVis, Halbert, Lamkin and Lutz. None. (- ._--'\ i I I , I I L The City Engineer discussed with the Commission the proposed project of paving the skip areas throughout the city and various streets where property owners have expressed a desire for paving. The City Treasurer was asked to give a report on the balance contained in Street Improvement Bond Fund. It was reported that the ~alance was not sufficient to cover the cost of the skip areas and also the various other blocks where assessments would have to be levied if the owners refused to sign mechanic's lien contracts. The Commission authorized preparation of' plans and specifications and necessary ordinances to initiate paving of skip areas and blocks where property owners will sign mechanic's lien contracts only. ~'.".I'" .,.; City Engineer E. N. Shepard advised the Commission that the 1000 & l500 GPM pumps recently purchased from Fairbanks ..Morse had been installed at the Milton.Street Water Plant and tested on June 6, 1959, by himself' and Mr. Koen of the Houston Lighting & Power Company. He stated that the pumps fully met the specifications under which they were purchased and recommended that they be accepted. ~s:> (NO' -'.>:.,:P' (,) .c;: i",~' ~~ Motion by Commissioner Halbert, seconded by Commissioner Lutz, that the 1000 & 1500 GPMpumps purchased from Fairbanks-Morse Company be accepted as re - comrnended by the City Engineer. Voting Aye: Voting No: Mayor Brown, Co~missioners Davis, Halbert, Lamkin and Lutz. None. L__ A letter from the City Manager recommended that the salary of Mr. W. T. Henderson, Jr., be increased from $450 to $475 per month, effective June 1, 1959. Mr. Johnson stated in his letter that it was agreed with Mr. Henderson when he was employed on October 1, 1958, that the salary would be increased $25.00 per month after he had served a probationary period, and that he had def'initely earned the increase. Motion by Commissioner Lutz, seconded by Commissioner Halbert, that Mr. W. T. Hender'son, Jr., be increased from $450 to $475 per month retroactive to June 1, '1959, as recommended by the City Manager. Voting Aye: Voting No: Mayor Brown, Commissioners Davis, Halbert, Lamkin and Lutz. None. Resolution 59-10 as follows, was submitted to the Commission and read in full: , I '--- ~fHEREAS, the City of West University Place, currently has capital available in the Sanitary Sewer Capital Improvement Fund which will not be required for operating expenses until the next fiscal year; A}ID, WHEREAS, it is deemed to be to the best interest of the City that such f'unds be placed in a time deposit investment i~ order to earn additional re- venue in the f'orm of interest for the operation of the City; ~TD, ~T.HEREAS, the present bank balance, the average monthly income and ex - penditures of this Fund as anticipated until maturity of this investment will preclude a fund deficit: NO'ii, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF "lEST UNI- VERsITY PLACE, TEXAS, that the City Treasurer is hereby directed to invest funds amounting to $5,781.90 f'rom the Sanitary Sewer Capital Improvement Fund, for a period of twelve months, at 3%. 8'''' ~ 'Motion "by Commissioner Davis, seconded by Commissioner Lamkin, that, Resolu- tion 59':'10, directing investment df $5,78L90fromthe Sanitary Sew:er Capital Improvement Fund for a period of 12 months at 3% interest,. in the:u'niversity state~~nk" be pass~~~nd approved as read. ' , . , Vot:l.ngAye: . ~ypr: BP,PWn" Commissioners Davis~ Halbert'; Lalllk:in and i.~tz. \r.oting N.o:. .:W6ne.";." '-A o A letter, fr6m."Pl~t ~i:1pager Whitt Jop.nson waS presented t.o theCotnmiErs{on., lad- visirig,that melnP~~shJp had not been appointed.to the Board of.~djuSt:metit and A,ppeal!3,Ele'c~r:i:cal Board; Plumbing Board anp" Public Relations Committee; also actiotihad been withheld' on appointment.- 9f an a:lt,ernate member for tb'e'Tax' Board of' Equaliiation penditlg sugges';t:tons of' qUalified p~rsoris.No~ctiop. was taken on appointments. at this time. ' , ' ". . . The City,:Ati;6rne:yr~pbrted t~at.;heJ wouldpur,sue. action' on certain: r~portea zqni;ng v'iPl~'t:i9hs".~p.d wquld preparepetitibns'in ,order to file suit in the' cas'e~:O:f'G.,.'q,: B6yd'stup, 2702 T~ibot~ yThOis using, the It story garage :for X'entaJ.purl;iosE!fie;r:J,q, it:! the ,case ~f qeqrgeBeck, owner of the property at ' 2801. Rice;:Slvd. .\ih6' is alleged1.y'using servants 'qUarters for r~ntaJ. purposeS .in vio.latiotlof the Zoning Ordinance. The City Attorney advised ther~ yTould , ,be an , initial 'fee, qf. $25..00 for .eac~ peti t,ion, f'i~ed. , . c;.. . ' . . .. ~', ) '. - :.'. -' . . . Motion by'COnmdssionerLamkin, seconded by Commissioner Halbert, that.the City Treasurer be authorized to issue two checks in the amount of $25' e8;ch payable to R.~J.L,ind).ey, .Distr:tG!;. CA,.erk, .to pay for filing pet:i.:tions a,ga:inst C .0. :Boyd.stuti~ 2702Talb6tjana;"GeO!'fl;e Beck, owner of property at .2801; Rice BlvQ. ' Voting, Aye: ,.lda;yor;n.rCiwri~'CdmmiSSiQner'S Da~is; lIalbert,La~iri and Ltltz. . Vot~ngNo: '~f1~~:jn~; . ,...' " , '-' o ~ . - - :. "0' .' . , The Colnnii$si9,n : again, dis,G1l,,~.sed :th~ request :f;'rom tb:~' Southwestern,Beil: Tele- phoneCompanyfoi 'granting a franchise to replace the one which expireq,on - Nove:mber9, '1958. The C:i,ty Attorney reported that he had not beEm qqntacted by l~l .90UtlSeJ-, for the TeJephone .Company, therefore, there .had be.en no fur- the+: :prq~~s;~ :'.m$:d,e , d~, :rev-iefan, of' the., fra~~hi,se ,'e.g1;'eement .,Ac~ce'pta;ncie ,:of a ' 'check in'paymeritfor'/!!fo gross rec~'ipts tai >,for the;period Januaryl;'t958,'to , December 31,; 1958, was again con,~fdereQ.and the following' a.ction taken: ,. . ~':. . . . . .' ~ ...' '. . _. " - '. ". . '. - . : .",. ..,'. ," -, J:: . Motion by Com.~ssi'ori.er DaviS, seconded by Commissiqner Halbert, 'that the ~heek from. the Telepht>neCompany for the period 'of January 1 to December 31,. 1958", be rejected but th~t,tl1e CQmpanybe.~Cl.viljled that the City wil.l accE;lpt.vayment for 2$' gross 'receipts'tax for'the perlod"January 1, 1958 to NQvenibeZ" '9; 1958, , which ,was. the expiration, ~1;e of t~e,old fr::;nchise.. . Yot 1. Og Aye: Voting No: Mayor Brown, Co1rimiss:i~mers :o~v~s, Halbert, ,.Lamkin -and'Lutz.~ . Npne . , . A letter froni.~..Fr!il.,~lt.Beadle,First A.ssistant City Attorney for the: City of Houston, vitp.:r,efere'P,G'e to p&ving"of Bissonnet from Kirby DrIVe to- W~keforest was presel1t~d; to ,th.e'C9~t$$ion. , Mr,. Beadle. 'advised that. bids h8.dbe~m, re- ceived aoo' the' bid"sub'initt'ect' byGaylbrdCbnstruction Company in the amount of -$54,647,,60,1Vti!-fi.,l.ow;i lh9w~ve:r;"a',c.p~;r'act :woulJl..notbe awarded until W,~sttJ'ni-' n versity Plac~'sJibm{t,sP'ij;~' 'cne:6k, I'9!" $5 ;000 ~ as previously ~greed in th?~ c:6ntract U: J between the two cittes~ .' ,', , .',' . . '. ,:.".. l-.'~--'''''~-'=;''''''---=-:O=='l -::1 9 i I '-- Motion by Commissioner Lutz, seconded by Commissioner Halbert, that the City Treasurer be authorized to prepare a check to the City of Houston in the amount of $5,000, street Improvement Bond Fund, Series 1948, in payment of West University Place's part of ,paving Bissonnet from Kirby to Wakeforest, as provided i~ previous contract agreement between the two cities. Voting Aye: Mayor Brown, Commissioners Davis, Halbert, Lamkin and Lutz. Voting ,No: None. t;';> c::; In compliance with action taken on May 25th, with ref'erence to the request of Mr. Ernest J. Hanka, for permission to construct a house on Lot 16, Block 13, Monticello Addition, with a minimum of 1200 square feet, a report was presented from the Building Inspector, showing that all existing houses in an area within 200' of this lot contain a minimum of 1400 square feet. ~""!'Ul "-,J t , '~'>J':..-I Ci: r-f"" t::"=',.". Motion by'Commissioner Halbert, seconded by Commissioner Davis, that the Zon- ing Board's action be upheld permitting construction of a residential building on Lot 16, Block 13, Monticello Addition, provided it contains a minimum of 1400 square f'eet and all building code requirements are met; the 50' frontage requirement being 'waived since the lot was originally purchasecJ_ as a 43.6 foot lot prior to passage of the Zoning Ordinance. Voting Aye: Voting No: Mayor Brmm, Commissioners DaVis, Halbert, Lamkin and Lutz. None. Minutes of the meet{ng of May 25, 1959, were read and approved. With no further business, upon motion duly made, seconded and carried, the meeting was adjourned. ATTEST: , , '- I~O~~=:~-..~~________"_ ..J=::::::1 __ _~c-._. -...-......-] ,[ 10 REGULAR MrnETING OF CITY COMMISSION, JUNE 22, 1959 TheCi'tyCo_issionconvenedin regular session at the 'City Hall, on "!J 'Monday, June 22, 19'59" 7: 30 P.M. ,wit"h the following memb;ers present'.: , Mayor Brown, presiding; Commissioners Davis and Lamkin; The City Attor- ney and City Ma.nager VTere also present. Commissioner Ha,lbert was absent ,as hew-a.Sout of the dty.owva;cation' and Commissioner Lutz'was absent due to busineSS reasons. The, Invocati:on was' pronounced, by Commissioner Lamkin. Mr. Charles'T:Q.o'mpson, 3822 Swarthmore"appeared before the Commission re- questing permission'to move~a6roomhouseontoa lot next door to his residenee/',After'cOllsideringthe request, the, Commission advised Mr. Thompson of the reasons'for passing Ordinance No. 734 in February, 1958, to prohibit';th.e,movingofany building or structure. to be used or designed to be use"d;a.sa dwelling place or res:1-dence,onto any lot in the City of west 'University' Place. They explained that. permission could not be, granted fbI', ail indiVidual to move a house into West University without repealing the Ordinance, which, in tl:1eir opinion, was notjustifiable~ Colonel O'.W.. Noel, 6703 Buffalo Speedway, requested the Commission to take action 'nece'ssal:'y,~ to make the 3100 block of Cason a one -way street iA order to eliminate some of the increased traffic caused by, automobile drivers ~ turning off of Bellaire Boulevard in order to avoid the traffic light on' Bellaire Bouleva.rd.atBuffalo Speedway. ,The matter.was referred to the' Chief of Police for. study and recommendation. o Motion by Commissioner Lamkin, seconded by Commissioner Davis, that a public " hearing be called for ~uly l3~1959, 'to consider subdivision of Lots 1 & 2, , ,Block 24, West University Place First Addition, into three lots 'With front,.,>, 'ages on Sewanee street of 60, 90 and 50,feet as requested in the r~vis.edap- plication from Mr,., and Mrs. .H. L. McCormick. , " ' Voting Aye: Voting No: Mayor Brown~ Commissioners Davis and Lamkin. None. A partial payment of $3,329.55 was recommend:ed for the ,Water Tank Service Company for cleaning and painting the wake$for6est Elevated~aterReservoir. ,0'1' This figure represented tbe bid price of 3, 99.50 ~ess lvp retainage of $369.95~ Motion by Commissioner Davis, second?d by Commissioner Lamkin, that payment of $3,699'.50 less lCYfo retainage of $369.95 be made to Water Tank Service T~-~'''' "1 r-- . "1 r 1,1 Company for cleaning and painting the Wakeforest Elevated Water Reser- voir, as recommended by the City Engineer and City Manager. I i Voting Aye: Voting No: Mayor Brown, Commissioners Davis and Lamkin. None. 1___ Minutes of a regular meeting of the Zbning & Planning Board held on June 11, 1959, were considered by the Commission and the following action taken: ~,""\ tt...<UI' C) ~~ C>,) 0::: ry15\ ""~~ Motion by Commissioner Davis, seconded by Commissioner Lamkin, that a public hear'ing be called for July 13, 1959, to consider subdivision of' Lot 7, Block 10, West University Place First Addition, into two lots; one to front 100 feet on Vanderbilt with a l40 foot depth and the other to front on Pittsburg 60 feet with a depth of 100 feet, as requested by Mr. L. C. Crossman of 6501 Vanderbilt and recormnended by the Zoning & Planning Board. Voting Aye: Voting No: Mayor Brown, Commissioners Davis and Lamkin. None. A letter from Mr. Jerome R. Epstein, Attorney representing lf~. & r~s. L. E. Carpenter, owner of the E 15' of Lot 30, all of 31 and 32, Block 6, Monti - celio Addition, was presented to the Commission for consideration. Mr. Epstein stated that city officials had failed to authorize water service for the small building located on Lot 30 and he was desiring an explanation. It was stated that the building had been vacated more than a year ago and that Mr. Carpenter had been denied a permit' for .improving the structure and that the building was to be used for a commercial purpOSe inconsistent with the Zoning Ordinance. It was also stated that the building was' originally erect- ed as a sales office during the year 1935 or thereabouts, when the Monticello subdivision was being developed, and that such structure was erected for temporary use. The City Attorney was instructed to advise 14r. Epstein and Mr. and Mrs. Carpenter that the building could not be used for a real estate office or any other commercial purpose. Commissioner Lutz arrived at this time. mo action was taken on the request from the st. Andrew's Presbyterian Church for use of 'Lots, 1, 2, 3 g;; 4, Block 1, Monticello Addition for parking of automobiles by guests and church members, pending f'urther word from church off'icials. Motion by Commissioner Lamkin, seconded by C.ommissioner Davis, that action taken by the Zoning & Planning Board denying the requests of Mr. R. A. Piehl, 3006 Robinhood for servants quarters and Mr. James B. Council, 6327 Belmont for guestroom facilities, be upheld. Voting Aye: ' Voting No: Mayor Brown, Commissioners DaviS, Lamkin and Lutz. None. ! The City Attorney reported that }~. Paul strong, Attorney, had forwarded the City a copy of the Judgment filed in the case of George E. Marshall, et al YS. City of West University Place; Cause No. 512907, i-TYich opinion was in favor of' the City and the single family dwelling provision of' the Zoning Ordinance be upheld. 1'2' Alleged zoning yiolations against the following persons were submitted to the City Attorney for handling: 2931 Jarrard 2928 University 6135 Fordham 3932 Oberlin 5820 Fordham Ella Ji. Milby Estate Russell Paull Earl M. Arbaugh C. C. Huff' · Mrs ~ C., A~ Voebel' Building Inspector B. F. 'Kingman requested permission to attend a meeting and short school bf the TexasS-tate Association of Plumbing Inspectors to be held in Fort Worth July 8th th.I-ough ,the 11th. , , ' Motion by Commissioner Davisj seconded by Commissioner Lutz, that Mr. B. F. Kingman be -permitted,to attendthe,meet1rig of the Texas state Association of Plum"QingInspectors in Fort Worth July 8th through 11th, with 'reasonable ;expenses paid. ' , ,Voting Aye: Voting No: Mayor Brown, Commissioners Davis, Lamkin and Lutz. None. ' Minutes of the meeting of June 8th were read and approved as corrected. With no ,further business to come before the Commissio~ at this time, upon motion du:(V lIIS.de,SeCbnded and carried, the- meeting 'Yf8.S adjourned. ATTEST : ~~~/.... ". Texas I) 'u \. o Ii IJ i i ! Lei Lr;) c;; ,1j'" C) r~:""". .---"'" er: ,_. 1,3 REGULAR :MEETING OF CITY COMMISSION JULY 13, 1959 The City Commission convened in regular session at the City Hall on Monday, July 13, 1959, 7:30 P.M., with the following members present: Mayor Brown, presiding; Commissioners Davis, Halbert, La.mkin and Lutz. The City Manager and City Attorney were also present. Commissioner Lutz pronounced the Invocation. In compliance with previous action taken by the City Commission and Notices duly published in the official newspaper of the city, Mayor Brown announced that three hearings were in order to consider amending the city's Zoning Ordinance for the following' purposes: (1) To permit subdivi9ion of Lot 16, Block 16, Colonial Terrace, in order to add 15 f'eet to Lot 15, belonging to Miss phyllis Cole, and 35 feet,of Lot 16, to be retained by Mr. Frank Gaskey. (2) To permit subdivision of Lots 1 & 2, Block 24, West University Place First Addition, into three (3) lots with frontages of 60, 90 and 50 feet on Sewanee,as requested by the owners, Mr. & Mrs. H. L. McCormick, 6344 Sewanee. (3) To permit subdivision of Lot 7, Block 10, West University Place First Addition, into two (2) lots 100 x 140 f'eet to front on Vanderbilt and the East 60 x 100 feet to front on Pittsburg, as requested by the owner, Mr. L.D. Crossman, 6501 Vanderbilt. Mayor Brown administered the, Oath to Miss Phyllis Cole and City Manager Whitt. Johnson':iand ,.aslted to City Attorney to proceed with the first Hearing. In answer to questions propounded by the City Attorney, the City Manager stated that a request had been submitted to the Zoning Board by Miss Cole and Mr. Frank Gaskey f'or subdivision of Lot 16, Block 16, Colonial Terrace, and it was their recommendation that such request be approved. He further stated that all requirements of the Zoning Ordinance had been met insof'ar as the publication of the Notice of Hearing and mailing of notices to all property owners within 200 feet of the said lot. Miss Cole, upon request by the City Attorney, stated that her purpose for wanting the additional 15 feet added to her present property was to provide additional yard and space for the garage to be moved further west of the house, making it more accessible. She also stated that all improvements would be in accordance with the city's ordinance requirements. There b~ing no other property owners present who desired to be heard in connection with this hearing, the following action was taken: Motion by Commissioner DaviS, seconded by Commissioner Lutz, that the hearing called to consider amending Ordinance No. 111, to permit subdivision of' Lot 16, Block 16, Colonial Terrace, be closed, and the City Attorney instructed to prepare an ordinance amending Ordinance No. 111 permitting the subdivision of said lot as requested by Miss Phyllis Cole and Mr. Frank Gaskey and re - commended by the Zoning and Planning Board. Voting Aye: Voting No: Mayor Brown, Commissioners Davis, Halbert, Lamkin and Lutz. None. _-..ee'~'''~r''==~==='~Tl~'~''T~-r''=c'='o~- ,........=.\ --;r-'m'..' -- -~'C~- 14:' , '. ~. .' . , At' 7: 45 P.M., Mayor Brow 'an.n6unded' that the second nearing. wa.~ in order '- and after administering' the'~a;th to"Mf. H. L.McCormick 'and the City Manager, asked the City Attorney to proceed with the questioning. . . . - . . : ;. . .....,. . . ~ '_~ ~~~::l> - ", . ..' ..- . : :' The C1 ~y. :Ma.n~e:r,a.t~#~1,..t.~:tMr,:.'~~' .L~ ,McCormick's .request for l?ubdi v:i:... sionof':X.otst~~~~~:~24,Wtii~--~~w.vir,~it:YPla.c~Fi:r'.~t,Additio~, .h~d ' : been stibnii tted. to, the Zoning 'B " ;;:\"'d)'eCdmmended:for ~pproval~ 'an.d:.." " ., that after a hearing was callea~~y'.'-cileC:ttY'd6IDmission,proper not:i.c~ 'was' inserted in the official newspap~r, :Qf."th~.c-ity and noti,ceswere:mail~g"tQ ',' all property owners within 200 feet o:r"theproperty. lIe statedthB.t'In' '" his q!,,~fi~~ ~!,l.;reqUir:ements forca1"~ing a, pUblic hea:ringha,d heeD: '~~" :,', : ~ ~'. .~~y!~~?~'..~::::t..;.' -:. ". . '":", .,-':. ".' .".. .'..". .' ',' . In answ;e;r- tc;f.4~~r!,t,i,9ns" bY the QitYA.t,torney, ~ . McC.ormick sta.ted th8.t .l:l.t,' the'tlnie':he siibiDlfte~ his request 'to 'tbe ~oning' Boa:l":l'i he had asked ,forJ?li:i::':': mission t6di,vide the two lots into four 50 X 150 f60t lots; however~ when' he appe~J?edbe,fore t-b,e, COmui.ission on ,June 22nd, he. revisedl;1is ,req-qea:t;; stat;i.ng.:~fuitJ:ie ,prefer,r.ed.tQ~v~,t:qre,e 1arg~rlots ins:tead,ofthefour, 50: foot~16ts.The, revised a.ppl:tca~ion'.'~f!ked for permission:to resubdivide. ' the propertY'into three lots with frontages of '50,90 and. 6cif'e'et~ ' This wouJ,.q,~ pr~yi~e,;:f9r:a ::90: ,x J,.50 f:~~~ ~ract' on "wh,ich :p.:Ls.e:x:i~ti~'r-e,sidellee [,. ' wou:+d',:be loca.;j.;,edw;th t'Wo::add:L:Gj.onal:building 'sites that. ,he pr.oposes :tq ,. s,ell-,.- :" ", " "'", " " , ' " " ' It,,;wa~bro~ht,to the ,.CPmudss:L~n t $, att-entionthat the survey p+at, ()f Lots 1 &g,::Biop'kJ~~,"We~:!;,ijIl~ver~ity' PJ4ge::First Addit~9n) shows thE! -~:x::if:r\:;~~g , ,: i:g~r~~~ ~t;;i,~g.-;t;rli to ,pea, a..ista~c~<.o:fl,.5 :feet :from the p~oposed ,property;, lineof the N ~' of Lot 2. The Commission was of the opinion t}u:l.t SO~",pr(),., viSion.Sh~ld be made to acknowledge this setback violation in'event'~b- divilll;l.9"ft9f. thejlo.1tis:a,pp:t;c>yed., .',' , / ' , il U , .,....,!.."..;. '.. ", With no'othe~'property'.owners present'.who desired'to be .heard in connec- tion:w.i;t;tl: t~il?: ,hea~itig'i:trbe : fol~();dp'e;~.action vtasta~en: .' . o ." . ;.!.~ .. " . _. .;":. . ,. '.,. ,:. n. '. ".' . ..: . "," . . ~ ."', , Mo:\; ~Qn.):)Y.rC~~f:S~ion~r:':L$rTlud~, .sec,~nded by,Cqnnniss ionerDav.~s, ,'that t;:he he~ring. ca1:1e(t'.;~o ,cQp.~id~r ~m~Bg,ing . Ordinance No. 111, to, permit sl,lbdivi-' siq:[l. of..:tP'I}s;" 1~'~.4' B~o~k ,~~,.Jt~St University Pla~e FiI'St Ad~ition, be.- _ ' close<l.alil~"Or:<1.;Lna"~Qe .Jt~.., 1.1.1 1:?e a;~rid,~q; to permit sllbdiyls:i,c.;>B of Lots 1 &... ',. 2 , 'Block 2ii:; 'liest. Uoi vershy, ~~~e :.l!'irst Additio~, ,intG> -':th.re~ .lots 01'60"," ., 90 and, 50 foot frontages on Sewanee Street, as requested by Mr,.and Mrs.' H.,I.... MeCpit'mic~; ,'su"Qject to iii. 5 foot .$~1iba.ek being el;ltablished;,on th~n,so~th . .... ' ,-..' .. .". .' .. .... ," l' ..', , . , . .. . . " ' ' ~+;PJil~1i"i;Y':P.1j1,~>of : th~'-.l.lr~a,of ,Lot 2" ;'si'~ce,t~ ex;~~tingga.rlilog~;b~ild.ing,'~i~:;' only '.l.'5:hJ~~1t~"f'r()Jll': t~',ts: prope;otyb.ne ",QJl the ,S. 2" O:f':+ot 2,. .~'" ,. ,... ' , ' " .-.:~ ';:'; ~:':-"'#~"~:-('~:';"..'_ ..;.A .... '. .. .S.: .:..:. .:-, ~ Voting Aye: '~Y9r,;al'~n, ,eommiss;i.qp.er.s, D~vis..; Hall>~rt, ,~~~n,a:Q~ Lut~. Voting' No: None. The third b,earing'!3et,t'Qr' e~.QO:P.k'.:'~9-~~nsider the sub4ivisi~n:oJ:];@t_ '7,. .. BloGk 10, WE1st University Pla.ce First Addition, into two lots, Was an- nOl,lnceo:"in'.order l;>Y:~Y;:Q;t".J3;r()WB ,who tp.el1 adP.1ipist~red ; the;.. oath to Mr:! L.. D. :,C1!'~S!$lPtil.:n,; 'Oi!Tner,.o;f'~ the property ,Cit,y J.1a..nag~:Y:;,Whitt.JohI;lson a.nd, Mrs. . Adr:t,$;n<P;~:.II~ze:;:'9.504- ~~e:Lmont, ,an ,iI}.terestedp;rqper.ty : owner . " . . '.~' -..' . \.. .::,. .;. ~;'. ' In:~n~~r::t,Q:,qiJ.el?:t~911,S, byth,e C,~:ty 4j:;t9rney:,City Mli-nager Whitt Johnson stated,th8.taT?plication had beetl<,pro~r:l,.Y,:maq.~,'by Mr.. L..,D. Crossman to the Zoninga.ndPlanning Board and after the City Commission's action on Jun~, a~nd:':~l1'-l,lit,\g.fl t':.u.bltcJJe~~~ng,j prqper"n9tice ~a~_~insert~d i;tt~e:., 0:['f'.1", cial newspaper of, the City and notices were mailed to all. ,p:roperty, ~ers 'j IJ .I I I I , t~ ro" .......,.. ~ t~) CC cc 15- within 200 feet of Lot 7, Block 10, West University Place First Addition. Mr. Crossman stated that he desired to subdivide his lot which is present~ ly 100 x 200 feet into two lots; one to be 100 x 140 feet to front on Vanderbilt and the east 60 x 100 feet to ~ront on Pittsburg. Mr. Crossman stated that he was willing to execute an easement of 5 feet off of the east 60 feet of the lot adjacent to Lot 8, in order to provide right of egres~ and ingress for utilities to service the west 100 x 140 feet of Lot 7~ Mrs. Adrian P. Howze, 6504 Belmont, stated that she was owner of the property immediately to the east of Mr. Crossman and she had no objection to the pro- posed subdivision of Lot 7. With no other property owner deSiring to be heard in connection with this hearing, the following action was taken: Motion by Commissioner Halbert, seconded by Commissioner Lamkin, that the hearing called to consider amending Ordinance No. 111, to permit subdivision of Lot 7, Block 10, West University Place First Addition" be closed" and that Ordinance III be amended to permit subdivision of the said lot into two lots; one to be 100 x 140 feet to front on Vanderbilt and the other to be 60 x 100 feet to front on Pittsburg; subject to a 5 foot easement being dedicated from the SE corner of Lot 7, Block 10, West University Place First Addition, west for a distance of 60 feet. Voting Aye: Voting;'No: Mayor Brown, Commissioners Davis, Halbert, Lamkin and Lutz. None. Mr. Stokes Adair, representing the st. AndrevT's Presbyterian Church, ap- peared before the Commission in connection with a request submitted to the Zoning & Planning Board on June 11, asking that permission be granted for the church to use Lots 1,2,3 & 4, Block 1, Monticello Addition, as an auto- mobile parking area for members' and guests of the st. Andre.v's Presbyterian Church. Mr. Adair presented an extract from the Minutes of the Regular Stated Meeting of the Board of Deacons of st. Andrew's Presbyterian Church, held on July 12, 1959, whereby he was officially authorized to represent the church in their negotiat~ons with the City of West University Place in the parking request. The Zoning & Planning Board recommended to the City Commission that the re- quest for use of the lots as parking area for members and guests 'of st. Andrew's PreSbyterian Church be granted subject to the area being surfaced with asphalt and/or concrete and provided that walls, f'ences, gates and/or other barriers are constructed to insure that these lots will not be used except for church parking. Mr. Adair submitted a letter officially requesting that a public hearing be called in order to consider this matter. Motion by Commissioner Halbert, seconded by Commissioner Lamkin, that a pub- lic hearing be called for August 10, 1959, 7:30 P.M., to consider amending the city's Zoning Ordinance to permit use of Lots 1,2, 3 & 4, Block 1, Monticello Addition" as an automobile parking area for members and guests of the St. Andrel-F's Presbyterian Church as requested by Mr. Stokes Adair, official representative of the Church, and recommended by the Zoning and Planning Board. 1:6, b Voting Aye: <Mayor Brown, Commissioners Davis, Halbert, La.mkin and Lutz. . Voting No: None. Minutes of the meeting of the 'Zoning '& Plamiing Board,held JulY.9, 1959,. were presented to the'Connnission for consideration and the following action ..taken.:~ '. ". " 1'"1 u Motion byComm:;i;ssionerHalbert, second~d by ,Commissioner Lamkin, that the request of Mr.. & Mrs. J;r .F.~ ste'Vens:for. permission to enlarge the accessory building now existing on their premises at 6431 Belmont be denied as re - commended: by the 'Zoning and Pla.nningBoard. Voting Aye: 'Mayor Brown, CommisSioners Davis, Ha.lbert, Lamkin and Lutz. Voting No: None. Motion by Commissioner Lamkin, secondedby;CommissionerDavis, that the re.,. quest of' Mr. & Mrs. G. O. Brown, Jr~for permission to construct an a.ddition to their exi$t:itl!S ',reside,n.cEi'at:, 3921' Marlowe Stree..t.,;be referred back .to, the Zo'ning uB.oa.rd.:for consideration,a;s;,tn.e' ,proposed addition as ,shown on :tlle".pla.t $ubmitted'd:oe'S 'not comply,rttb:"~the~2@i'foot:,'seiba:ek res.tri.ction for. a ,rear ': yai'darea.: 'f," ,:-. ;..... ,:':-:T . . .". "",' . L":.... ~.....:. " Voting Aye: Mayor :Brawn" Commissioners Davis, Ha'lbert, 'L8.mkinand:'LJilt~~~:;. Vot.ing~No:," None. ,,::::,., . .. ,', " Motion by Commissioner Davis, seconded by Commissioner Halbert, that the re- quest of' Mt l, '&: Mrs ~ Hemry M8.yf4.:eltt; ':2620 Talbot", fpr . permission tof:i;nish' . the a.rea above the 2 car ge.rage for use as guest facilities:be den:teq,.as,. .' recomm.ended~ ,by the, Zoning and Plannirig Board. ...~.~.. !J'. i I ' ~. ; Voting' Aye:' - Mayor 'BrO:wn,Co~ssio:nerS,Davis:, Halbert, :Lamkin and:,Lutz"" VotingN6~ ' None,;' .'-,.'- ,,' ,., " .' ", ~~. ~ ~. . .". . . 'Motion -bY,Cotrilliissioner.Da.viS;,seconded' by Commissioner Halbert, tha;t :ther,e- quest 'of Mr . JameS R. Sims i 3121.Wroxton Road, 'f'oi1'a ,proposed addition-to: his'exist1'ngres.idence' to exteticf within, 13 feet of the rear, property.l;ine:be deriiedas: recOttmi.ena:edby:the:~dning a.mlPlaim.iOg'Board. . Voting Aye : Mayor Brown, Commissioners Davis, Halbert ,Lamkin and 'Lutz. Voting No~ . None. Eng:fin~er.ts .Estima.te ':NO';; 2 on' theptlinting 'of the two elevated.:waterstorage rel;feJ:lVoirs:b:yWater Tal1kServieeGonipa.uY'.was 'submitted witharecomDle:ladat:ion that they' be paid:.t-ne ~amQunt ,01':$3,348'.:05 with an 'amount of $739.9Q;,to be', retained by :th~ ci ~ytintl,l' fina'lacce'Ptance. .' The total contractpJ;'-ice 'of' _ painting and reljlairs amounted to $7,399;;00.:, Motion by Comm:iS'sioner, Lutz ,seconded 'by, C6thmd.ssionel'Davis, . that. t~~Water Tank 'Service Company be, paid the amount, of '$3,348.05:" as .reeommendedby ,', : the ,Cit~ Engineer and City Manager. '. . .... V6t~iI~ Ay:: 'Mayor BrQwn'~c-oilllIlisSio~ers Da~i~" Halbe~t"Lamkin and, Lutz,; :: VotJ.ng No: ., None.' '.,', -'.' , Mayor Brown explained tG theComttlission that he a.ndCity 'Manager Whitt Johnson' had been conta<ctedby:,the'lIal<r'is' County' R:tght~of...:WayDepartment' o , r- ~~--~. ~"T~--:r--r " n' "'1 ...J 17' who made' an offer to the city of $.40 per square foot for 68,910 square feet of property, located in the city's tract of land on Edloe street at Alief Road, to be used for right-of-way purposes in construction of the Southwest Freeway, and after refusing to accept this amount on behalf of the city, an offer was then made of $.80 per square foot which was denied on April 13, 1959, by action of the City Commission. TheRight-of-Way Department now advises that they will enter condemnation proceedings for right-of-way through the city's property located on Edloe Street in order to secure same. It was the opinion of the City Manager and City Attorney that issuance of a citation to the city should be waived. c- Motion by Commissioner Halbert, seconded by Commissioner Lutz, that the City Manager or City Attorney be authorized to vmive issuance of citation to the city and to accept service in behalf of the city and enter an ap - pearance in the pending condemnation action filed by Harris County for a right-of-way through the city's property located on Edloe Street. "'r"""\ (;"""~ "j:> c.) c::c. f'Y"' J;>u-~_ Voting Aye: Voting No: Mayor Brown, Cormnissioners Davis, Ha~bert, Lamkin and Lutz. None. A statement for dues to ~he Texas Municipal League in the amount of $336.00 for the city's share of the cost of League services f'or the year ending 6-30~60 was submitted. It was explained by the City Manager that this was the same amount that was paid in 1958 and 1959. Motion by Commissioner Lamkin, seconded by Commissioner Halbert, that the 'i invoice from the Texas Municipal League in the amount 'of $336.00 for the city's share of the cost of League services for the year ending 6-30-60 be approved f'or payment. Voting Aye: Voting No: Mayor Brown, Commissioners Davis, H~lbert, Lamkin and Lutz. None. A new residential rate schedule was submitted for filing by the Houston Lighting & Power Company with an explanation that the schedule was in con- formity with the new rate adopted by the City of Houston on June 24, 1959, which discontinued residential demand metering. It was further explained that the ratewas;beiilg made effective system-wide as to each residential customer for all electricity used after such customer's next regular meter reading date subsequent to June 24, 1959. Motion by Commissioner Davis, seconded by Commissioner Lamkin, that the Houston Lighting & Power Company rate schedule RS-l submitted in their letter of June 26, 1959, in accordance with their franchise, which dis - continu~s demand metering in determination of residential electrical service charges, be accepted for filing, to become ef'fective with the next regular meter reading subsequent to June 24, 1959. Voting Aye: Voting No: Mayor Brmm, Commissioners Davis, Halbert, Lamkin and Lutz. None. City Attorney Charles Cockrell reported that suits had been filed against , r" "~~"=-,=,---r"'~" '~<<T -r"'-~"'~~ -'T'T'" t8' George Beck, 2801 Rice Blvd. and R.A. HOlden, 2740 University Blvd., for alleged viq1ations of th,e city'S~Zoning Ordinance by renting livingquar- ters located on their prElmises and,-the: cases were being set for a hearing , dUring the month of' July." ,., , A-letter :from Bill :MarteX','Ch8.i~n,of. the,Volun,teer, Fire Department" of West UriiV,ersity Place;,' exprElSsing ~ppreei~tionto th~ city for providing, funds for him toattenCi. the Texas Firemen's &,Fire MarShal's Assoc:l.ation , Convention in . Fort WOJ:\th d1.lXingthemonth of June, w~s read to the,C:om,Uu:ssion. Mr. Marter stated that the.,sessions wer~most interest1.ngand informative' ..' ". . ) as to ,the various problems and activities of firemen from all over'the state of Texas. ' 'J'" , ; \ City Manager Whitt J6hnsonadvisedthe Commission that he was in process , of preparing pX'e1.iminary estima.t;e's, ' f<:>i:' the 196b,budg~t" and according to . the City Cbarterit would- be riecessa.ry to hold a: public ;hearing prior to' its adoption which shall be no later than August 31. , , . .. . '. . . " . Motion by Commissioner' Lamkin, , seconCled byConmiissioner Halbert, , that, a He~ring be called; fer 7:30 P.M. August 31,1959, 'for the purpose of con~' sidering6~g.9.~!Opf' gft,he '1.'96.0 bJJP.gElt,. a.nd:8. legal notice be published it;!" the HoUston .Chrollicle, til.nnou~cingtJ::le'plibli.? jiearing for adoption of the1)\icige,t. .' " .".. - .' . '. '. '. voting Aye:' Ma.yorBrown, CormriissiO~~rsDavis, H~,lb,ert, t.amkiq and ~U;t.z.' Voting No: No~e. . ", ", .. , , ' , " . . . . . A statementcoveZ:ing services rendered by. Attbrney'C. :F., ,Cockrell, in, the' case ~t:George~. ' Marshall,,' etal~;vs..Jhe City of' Vest University pia.ce; amounting to$5ob.oo, was submitted to'th~ COpmlissionfor.considerat;ion. Mot;Lon ,byColIllIliss.ioner Lalllkin,,:,. s~conp.ed, ,by, Commiss,ioner Halbert, . that Attor- ney C. F .Cockre 11 be paid $500.00 for services rendered in the ca.se George Marshall, et al,vs. the City of West: University Place.' , Voting Aye:~yorBrown,Cc)tIgrd..s~:iQner.s D~'ltis, H/j\lbert, Latnkin and~1+tz. Voting No: "None. J , , Alett~r,:from .To~n i. '~uliiv~n,.A~~orney with' the, firm.'9f ltutche,son, Ta;LiaferroandHu.tcheso~,in reference" to tne eSct."o:w'fi:nid in:- the s-qm,"of , $3,450~26,w1:iic1i i~ being held by tb.ecity 'for t~e: ben~$i,tof .va:dous''''6iaim:- ants who are. owed a sum of money b'y the F & R Construction Company, for fur.n~~p}~ cei.ta~n lab.or an.d~ter~~l~,:used :in ,const~uctio.nof the, eqllip~, ~rlt Jrlf~~~e bu~ld~n~ 10c~~d,a.t1:;l:~, in;tersection of~lton arid Col+~ge ~., Streej~&, and an ~eementp-rovidin,g for a pro rata distribution of' s~,id fund :to the, c~'ini.a1:lts, was reviewed J>;y .the Commission. : . . " ..' . ~ ': '. . , ~, '. '. ." ,..-. . . . .... ", Motion -by C6tl1Illi.ssioner Lutz, aec6iid.ed by Commissioner ,Ha~bert, t~t :Mayor Brown be authorized to execute the agre~ment providing ~ora pro 'rata die tribution of the ,escrow" f,und 'in thes.~w., of, $3,450.20 to: , Hackle Company of'TeXas' , " "$1,997.15 Detering Company 705.18 Britain ElectricC.ompany , 705.52 Best Universal LocK: Company 41. 75 as requested by Mr. John F. Sullivan, Attorney with the firm of Hutcheson, '''-1 . i ~ ,~~ ~ - r-~"'''''-- ~ r-----'O----.=-r~ r'-' 19 Taliaferro and Hutcheson, and payment made accordingly. Voting Aye: Voting No: Mayor Brown, Commissioners Davis, Halbert, Lamkin and Lutz. None. Minutes of the meeting of June 22, 1959, were read and approved as corrected. With no further business to come before the Commission, upon motion duly made, seconded and carried, the meeting was adjourned. 'i/~ (I~..1.d "":..... ......., ~~ r '~ ......>;00...... r....,......... .,>004... Place, (1::.... ATl'EST: ~:u._ REGULAR MEETING OF CITY COMMISSION JULY 27, 1959 The City Commission convened in regular session at the City Hall' Monday, July 27, 19?9, 7:30 P.M., with the following members present: Mayor :arown;' presiding; Commissioners -Da.vis, Halbert _,and Lamkin. The CitJT Manager was also present. Commissioner Lutz, was absent and the City Attorn~y w~s out of the city on vacation. J The Invocation was pronounced by Mayor Brown. Mr. & Mrs. J.E'. Stevens ,6431- :aEil!D.oni::, appeared before the Commission concerning their request to the-Zoning Board on July 9, for permission: to construct an addition to a non-conforming structure on thei~ pre .- miseS. Mrs. Stevens explained they proposed to remodel the existing 12 X 24 foot structure in. order that it could be used to house her aged Mother and Father. City Manager Whitt Johnson presented the origi- nal request a~aaction taken by the Zoning Board &'City Commission in July, 1947.tt w~srelated that th~ request for permission to cons - 'truct the 12 X 24\ acces,sory building to be occupied by Mrs. stevens' aged, Mother' ~nd:;'Father :W~s:'gra.nted provided the building was not uSl:d . for purposes other than, persopal use a.nd an affidavit filed to,that effect . Mrs. Stevens,sta,ted that, her parents lived in the building about 4 or 5 years and then moved ~lsewhere; however" they were now de- pendent on her for transportation and other necessities and it was becoming very difficult for her. Therefore she desired to remodel and add to the existing structure in orde~ that the parents could live close to her, making it.more convenient for both parties. Commissioner Lutz arrived at this time. 'J'-" , ' l ' After the Commission considered the request, they advised Mr. and Mrs. Stevens they did not feel they should change their action of July l3, denying the request to enlarge the non-conforming building existing on their premises at 6431 Belmont;however, they would be permitted to. place the building back in the same structuralcoodition as it was-be- fore a contractor recently' started adding to thE:_ buildirig.'without a..' permit. Engineer's Estimate No. 3 and Final for painting the two elevated water reservoirs was presented for consideration. The estimate indicated that Water Tank Service Company had completed the painting-of the res- ervoirs which was in compliance with specifications and contract dated April 28, 1959; and recommended they be paid the amount of $J39.90 which represents the balance due on the total contract price of $7,399.00. Motion by Commissioner Halbert, seconded by Commissioner Lutz, that Esti- mate No.3 in the amount of $739.90 be paid the Water Tank Service Company for painting of the two elevated water reservoirs. / Voting Aye: Voting No: ; Mayor Brawn, Commissioners Davis , Halbert, La1l!k:;.n and Lutz. None. / (" ) , , I ~ .I / ,/ / / )i ;~I----r , . r ~~-- ~-------- --r If-I~ .......~ ...,:......... 1..~ \~~ {',,) C.; t":.:: 21 The City Manager presented a report on a study made of the 3100 block of Cason street after a request had been received to make this block one-i-ray to eliminate increased traffic. The report inclicated that a 'traffic count had been made and in addition, traffic was ob - served during the peak hours by the City Engineer. This observation revealed that traff'ic was not exceedingly heavy at any time and it ap- peared to be mainly local traffic. A letter from the Chief of Police recommending that Cason street not be made one-way in the 3100 block as the study and survey did not reveal that traffic was exceedingly heavy at any time, vTaS submitted to the Commission. Motion by CommiSSioner Halbert, Seconded by Commissioner Lamkin, that the recommendation of the City Engineer and Chief of Police be accepted and the 3100 block of Cason not be made a one-way street; this action taken as a detailed survey and study reveals that most of the traffic appears to be local and is not exceedingly heavy at any time. Voting Aye: Voting No: Mayor Brmm, Commissioners Davis, Halbert, Lamkin & Lutz. None. In compliance with action previously taken by the City Commission re- garding appointment of' an Assistant City Secretary, City Manager Whitt Johnson submitted the following letter: II Gentlemen: I have been instructed to present in .lriting an inter- pretation of the duties whi~h may be designated to the Assistant City Secretary, as set forth in Section 2 of Ordinance No. 720. It is my suggestion and recommendation that the Assistant City Secre- tary assume all of the duties normally and regularly performed by the City Secretary, with the exception of those specifically set forth in the City Charter pertaining to the holding of municipal elections and also duties of' the City Secretary as prescribed in Zoning Ordinance No. 111 and amendments thereto. However, the Assistant City Secretary should have authority to per- f'orm all duties normally and regularly performed by the City Secretary pertaining to the City Charter and Zoning Ordinance No. III and amend- ments thereto in event the City Secretary may be absent for reason of illness, vacation or inability to perform his duties. : (s) City Manager Whitt Johnson The City Manager recommended that Mrs. Verna Mills be appointed Assis- tant City Secretary. <.. Motion by Commissioner Lutz, seconded by Commissioner Lamkin, that bITS. Verna Mills be appointed Assistant City Secretary to assume all of',the duties normally and regularly performed by the city Secretary, with the ,'22 exception ofthosespecificallY'ae.t forth in the City Charter pertaining totl1e holding of lIlunicip~l elections and those< pre- scribed lnZoh~n;g"Oidiha:nce'No. ~ll;however, the Assistant City Secretarysha:libe'l:l.uthori;e:~d:'t6:perform:a.ll dutiesnormally'and regular.lY performea: by the"' city- Se'cretary per't~i;inir1g to' the City , Charter' and" Zdning Ordina:nce'No. ;1:11 in event the c~ty Secretary' may be'~bsent,f6rreason of illness? vacat~onor inabilityto~p'er- . form h;i:s?-p:ties.;' . , , , :1 , "---.J Voting Aye: Mayor Brown, Commissioners Davis, Halbert, Lutz & Lamkii1:~ Voting No:. Nsme. . ~ .' ~ . , ~,. - . !_-' '.. .,....... "'. .' . - .. . Areportvia~ give!n' by theeityMa~ger Oil the' hear~tJ.grece:ntly held a tthe; '9bnirnis.$f~ne:r' t3 Ci:l1irir'~:t t'h reference to coiIdemnatiOti proceedings for right-of .,.way' a:C:i:h!iss'a trafit of land on 'Ed.ioe Street: at Alief 'Which ' belongs to the 'city: 'lIes:tatedthat no de i:d.s ion was reached at thai" time as tot~e ~mount,t~,be pa.i<i the city for the property, but they wouldadvisEi'by' l'etter !:tn.thE{:nea:rtuttire." "':, ," ','; ", ' , , The City MaD,l3.ger related to the Commission that :the City Attorney had ~in.ail~d:,~~~t~i:'S:to_fi'Ve _'prop~rt~,owner~ ,who were' violating Ordi~' nanc~ NO~1.1.1'.by renti,ngah aCCEH:l'Sbrybui1dihg located on their. premises. ,'l'he letters have been aicknowledged h-y Mr. E. M.Arbaughi'" 6135 Fo~dham;l{r.. C,'C.. Huff, 3932'Oberlin; and Mr. Rus~el~Paull, 2928 ,l!ni.vers;i/ty ;Blvd~M;essrs. ,HUff 'and Paull both stated they woula'~ v:acat,e thebuiidirigs :tlieyhB;ve"?~en renting and would comply with , ' the city'sZoning Oidirianc{e.tetters written to Mrs~ C.. A. Voebel"of' 5820 Fbr,dha,tn,and to ,R, q. ~rboe who is handling ,the e~tate of Ella H~ Milby,iocated,a.t 293:1: 'Jarraia,'; haveri6tbeem acknowledged. ' ,', The'ConnDiElsion:was '~~vi6edI bY,'th~City Manager that the City's Au~itor' a.nd' Trea.su.re:t; 'ha.qb~e~ ~:fn., t:h.~ -process of study~ng a system whereby :the " , payrollp;rocE\!dure could be chahged io eli1n1nate 56% b,f the time in - " v-olvedin p;reparing the' checks for monthJ:y:employees, ' No' action.was ' takeR at this time. o " ,~ , Mi~l.it'e.:s~ 9f thetneet.ing o1'.:q~~y 1,3, '-1959~ were r~ada~dapprovedas, corre ded. ' -."' ". W1th no further 'business' to'come '~'&e:rore the' Commission at this time; up": , otf:motionnd:uitWsma.Cl.e" :'seco~ded and car;ried, the meeting was 'adjourned, .,." ATTEST: /J u y .~, ..__..___._O=;:-_=-:;-.,.....l'""-<~-' 1 i~J [;.~") c:; '(j~ C) r'!.......... ~..j_4 ;~"" 6"':.=:><:1 I I l _ I ' LI 23: REGULAR MmETING OF CITY COMMISSION AUGUST 10, 1959' The City Commission convened in regular session at the City Hall, Monday, August 10, 1959, 7:30'P.M~, with the following members present: Mayor Brown, presiding; Commissioners Davis, Halbert, Lutz and Lamkin. The City Attorney and City Manager were also present. Commissioner Halbert pronounced the Invocation. In compliance with previolB action taken by the City Commission and Notices duly published in the official newspaper of' the city, Mayor Brown announced that a hearing was in order to consider amending the city's Zoning Ordinance to permit use of Lots 1,2,3 & 4, Block 1, Monti- cello Addition, as an automobile parking area f'or members and guests of St. Andrew's Presbyterian Church. After administering the Oath to Mr. ptokes Adair, representing st. Andrew's Presbyterian Church, Mr. E. V. Drozda, property owner and resident of 3125Wroxton Road, and Whitt JOhnson, City Manager, Mayor Brown asked the City Attorney to proceed with the hearing. ' The City Manager'stated, in answer to questions by the City Attorney that a request had been submitted to the Zpning & Planning Board and, recommended for approval. He further stated. that all requirements of the Zoning Ordinance had been met insofar as the publication of the Notice of' Hearing and~iling of notices, to all property owners within 200 feet of Lots 1,2,3 & l~, Block 1, Monticello Addition. Mr. Stokes Adair, upon request by the City Attorney, stated the purpose for asking that the Zoning Ordinance be amended to permit parking of automobiles by church members and guests was to relieve the congested and hazardous condition created by the great number of automobiles par~- ing on the streets on Sundays. He stated that the approximate cost for paving the lots, erecting chain barriers and beautifying the property was estimated at $8,000 and the church would need about 18 months in order to raise the necessary f'unds and complete the project. Mr. Adair advised that he, personally, was planning to donate labor and materials to construct two approaches on Buffalo Speedway and one on Bissonnet. He explained that this property is located across Buffalo Speedway from the church building and that temporarily the lots would be used for dry yreather parking only. Mr. E. V. Drozda, stated he was the owner of property at 3125 Wroxton Road and desired information regarding the request Of the Church. He vTaS, intereste,d in ~)1owing for what purpose the balance of the lots in Block 1, Monticellb Additi,on, could be used. It was explained to Mr. Drozda that if the request was approved, Lpts 1, 2, 3 & 4 could not be used for any other purpose other than parking of automobilesf'or church members arid guests and the remainder of the lot,S in the block would still be zoned for single f'a~ilyresidences only. Mr. Drozda stated that (),A.:, A~,. he had no objections 'in that event. There 'being no other property owners present who desired to 'be heard in connection with this he~ring; the following action was taken;' . -"';, u Mot'ionby'-Coun:n.tsaioner Davia, seconded by Commissioner Ha:lbert;.:jthat' ".', !' the hearlng da41ed/ to cons ider ame'hding Or-dinance NO .111} . to 'permit, use ", ' , of Lots 1,2,3, & 4, Block 1, Monticel1:d :A.ddi'tion, for parking",q.f':.,a.uto-' ' , '. ,mobiles by members of st. Andrew's Presbyterian Church, be~closed. ..} 'Voting Aye: , Voting No: Jla.yor Brown, Commissioners Davis, Halbert, La!rik1~~'& :,Lutz. ;None .:" > '., Mr.. Adair: reques-ted theOo:tnmissionto grant the 'church 18 .mont:hs time to complete the surfacing qf. the park-iiig area, stating that j,:f the lots he- come 'dusty dor an ..any way'e.nuisance ," they;:wouldquitusing, ;the'lots for' parking until they 'could "install the, paving. ' , Mdtionby t:O'!llliJ.issionerLutz, 'sec'oridedoy :Cofumissioner Lamkin,that,03tdi";.' ' nance N0~fll.be'amended' to'perinitLotsl"f2;3 ~ '4,:alock 1,;'Mdn.:ticello,: ':' " Add,itiori:j',to. be Used'f'dr ,.parking'pti:r;i:J,fus.e:s, ':by ~etn'bers and: gtiE!$'ts,.~~.:'St..;;: :. Andrew'.s . PreSbyterian Church, pr.ovidedthat:thepa.v1ng p:riogra.'m.'beconi.:. pleted in 18 tn:onthsand that church officials .endeavor to restrict use of the property; i'i(:0rdeI< that a 'ntiisa:ncefw:i,l1.tio-tbe created t'o, the " : : neighb()rhood' e'':tther\'bY'du:st~) ,gr:~~:fS cuttiD;gsordebriswhich usually,8.C::- ' cumulates dai'oun~c:~~k~ng,'lot.s. ' ; ~ .' -. ".: . '. " Voting. Aye': 'Maycrt Brown, Commiss:loners:Qa.vis, Halber~; La~in & :Lutz~ Voting No: None. " J' ! The CftyMlinagerreportedto the coIDmiss~onthata. letter had been r~- , ceived from-AttorneypatilStrohg'who sta:ttedthat' Mr. Burke Holn1an had ' filed ,Appeal Bond 'in the ca.se,'ofMarsba~Ji .vs. City, of' west 'University' Placej '~and the'da.tefor deqil3ion ot1his', Motion for NewT:i'iai.was set f'or, September:15, i959~ There waS 'no action !required at thistime~' , '". ..". :.../ . "., ,> <: . ". .-:. .' ~.. ,,:'.! ". ..~ .', i The CitYMan~~et reported: to the..eotmn1ss~,bh that an o~fer.of 80rp per, square;.;'f6ot~d" beenmade~ by,tneBoafd;qf Special'Cbmmissionersas a. :t;esult:ofcdiid~il1riatiori'prOeeedings'6iiI~th~ city's property on Edloe' streetwhich;is:'to1:le ul;ledas,tigh-e-:of'.:.wa.yfor:the south~est'Freeway. It was tlie'CoinInission' sfeeiirigtMt'the !prot>erty is worth $r~,io 'p~r ,.," square foot, 'hOwever, it was dsuggestedtqat $~ 90 be a.cce'p-ted. Qn'a com- promise basis if the Board ofSpecialConimissioners woulda.gree. ,:' ~~".. - . ." . .' . Motion by Commisid.onerlIalbert ,seconded ;byCommissioner Lamkitl,.' that the City Attorneybe':instructedtb"file"niotldn,for appeal on the offer of,:8or;, per squa.re;f'ootforright-b:t-wia.y~ei:'0'ss : the city's 'property on Edloe,- Street, - ana lit .1ette:t-be'Wi'i ttEin.to::. the Cbunty A t.torney~sta. tihg t'ha t the city will accept90rp'- per square' f60t0ne;"eOmpl'om1s~gas~s;a:lthb,ughit, is the' COlilmissf0u's feeiing that: ,the ,p':tb~rtyis wort.h>$L 10 per, square;. ' foot.," Voting Aye: Voting No: Mayor Brown, Commissioners pavis, Halbert, Lamkin & Dp.tz. None. ' Ii U k 1 "'-'""~-'~-~i-'=:r ( ~~~ ..J I !\.,...~ l;..) oJ C ~::t C) 1''<'" \-~ cc r-i i i~i 25 Resolution 59-11, as f'ollows, was presented to the Commission f'or con- sideration and read in full: ~ffiEREAS, on the 31st day of July, 1950, Police Patrol Vehicle Unit 102 of the City of West University Place, Texas, driven by Of'ficer Fred Peebles and occupied by Auxiliary Paul Gibault, was involved in a four- way collision at the intersection of' Post Oak and Richmond Avenue, resulting in considerable damage to said patrol car and rendering it inoperable and but of commission as a Police Vehicle; and WHEREAS, the loss of such vehicle as a Patrol Car for the city re- duced the eff'ectiveness of the Police Department to a degree which, in the opinion of the City Commission and the Chief' of POlice, is inadequ~te for, proper police protection to the citizens of the city; a net WHEREAS, it has been determined by the City Commission tl1at the qam- aged vehicle should be replaced by a ~ew one and placed into operation im~ediately in the interest of safety and welfare of the citizens and that such immediate replacement creates an emergency: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY :r.LA.CE, TEXAS, THAT: , Section 1. An emergency is hereby declared to exist relative to the replacement of Police Vehicle Unit 102 bearing Texas Exempt License No. 7777, .Thich was involved in a major collision on the 31st day of JUly, 1959, and that such vehicle should be replaced at the earliest possible aa te . Section 2. The City Manager and Chief of Police, acting upon the authority and instruction of the City Commission, obtained 4 informal estimates from reputable automobile dealers, which were as follows: coMPANY 1. Richardson Chevrolet 2. Jack Roach 3 . Ivy Russe 11 4. Jimmie Green Chevrolet QUOTATION $ 240l.00 2172.03 2304.05 215l.38 NEW AMOUNT $ 2141.00 1847.03 1776.55 1576.38 TRADE -Dr $ 260.00 325.00 527.50 575.00 Section 3. All action taken by the City Manager and the Chief of Police in pursuance of replacement of aforesaid damaged vehicle are hereby ratified and confirmed and authority granted for the purchase of a new 1959 Chevrolet from the Jimmie Green Chevrolet Company, on their low bid of $1,576.38. Motion by Commissioner Davis, seconded by Commissioner Lamkin, that Resolu- tion 59-11 authorizing replacement of Police Vehicle Unit 102 which was involved in a major collision July 31, 1959, be passed and approved as read. Voting Aye: Voting No: Hayor Brown, Commissioners DaviS, Halbert, Lamkin and Lutz. None. 2i6,; The advisability of installing safety belts in all emergency vehicles was diBc~sBe~and the following ac~iontaken: Motion by ,Commissioner Lamkin, seconded by Commissioner Davis, that' the City Ma,m\gerbe. aui:;hor:i,zed topur~~sesafety 'belts fqr al!"'emer- ' geney yehiclesa.ndtruq,tpQ,:%;tqy ,conce:r-n:tng ',tp.eir use be est"ablish:~d ' ..~f.ter, briefi.ng, ,perso.nrie,l roiL d:e:sirabili ty of their use: ' :l .,U Voting Aye: Voting No: '.~0r BrOWJ:l,f: C~:lllnlissionel:'s,Davis, Halbert, Lamkin ,& Lutz. None.: - , / A letter was presented r~om the ?ersonnel Board with two re~0mme~da- tions ;a.s. f:,o~Joows ,:, l. ,That pins, be "pr~.sentedtoemployees: c<;)mpleting unbrqken periods of service, beginning with five years and in mul- tiples of five .ye~rs th,erea.,fterl initial presen'l1ation"to be madea.t theannual'empioyer-em-ployee Christmas event.; - " 2 . That Item 6 of-the ;'.p+;esemt H personnel regu1a:t:ipns bealllel1d~d .by adding an item to be styled "6:':AfI and to read: "In the event:::aRemploy~'e' 0,Il, telllPQrE!-~ysta.tus, haf? his statu~, c~nged to that of a"permanen~ ,eJJm'19Y~e':hi~ ,l~ngthof serv:i:ce.;';s~ll be retroactive to the date of his last employment. If- " . (. . -, , ,What Item,131>echanged to rea4:, "Any employee'Wh6T;i,~~;t~r~ minatedfor reaSon of, reduGtion' in forees,a.nd who shs.l1 be", , re -E:mployed~:by'the; C:Ltyof : West Uni verB i ty Place; , wi i:;hin ,'8."' six months period from date of his termination shal.l"no:fi".. J':" , be considered to have ,forfeited his rights, privileges ana time of,service for-computation of longevity or other bene- ~ / - ., - .. 1 ~ , fi 'fs. ~,ecru~ng ;t'rom c?ntin~i ty . of' employment. -- '::,' " r. ' _. '...: '. I ',_ ...., " ," ", ' ; ,,"; . .' ,'An;y,,'~mp19yeSl,wh9 ist~:r;~;n~ted for any other . :~hal1 be~re:';;;~mp~oyed by:~:~theCity at any ,time , .~~ea.ted asa ne"lt hire.- n, '. , " , .' .' . reason:' and' who sha.ll:';be ",vot:if1~..~i~f : ' Voting No: Mot,:t.cin '~~(Gommissiofier$alb~r~, seconded by -Commissioner Davis:,::,,:that: I the recommendation of the Pers'omielJ3oat'd be' accepted: and: :pins,,'. a.warded ,~o employe~s,~o~pl~tiq&un.krok~n periodS of~ervice beginning with five "years" e;'nCl..innitiltiples''Qf fi'v~ y~ars;theTeaf:ter; initial,'pf~~~.r1t~ :., tiqp t6be W:\.dE/at :t~e"~#fi~i '~e~ptoyer;;;employeeChfistms : livent: ana.: ' .,st1}J~ei~~~t :',~~~~s t9l){:~a~, at,:the', f,~rst ,thee.Hug. o~ the 'City ,~C.btntnis- sian fblldw:rngth~a.nniV'etsa.rydate';:with :a.letter' f:;rotil.the MaYOi" 'to ac~ompanyeach award; further, that personnel regulations,'h~'ainerided' ,.!';loB +,eQommended by tpe p'ersgnnel Board. ' '''.;'''<, '. ..~.;_..,~ :.,:- _ .... ,.... ".; .:.:i~~'~'::""'/.'-;. ~..:. :'".> ::;<.. _ , ' May6r.: :Brbwn" e6tfmli'Ss'ibtiers"Davis 'Ha.i.bert~'Lamkin &'Lutz. N6n~:;":.':' .:' .;' ',' '~ ' ." ' , , ' . "';;'.l ~ r . . ";'~" ,", 'J. ~ , :':"'" o L r~'~'-~~T~ r' -. .,""} .::r r-l , , i_ t;~ r" ...........# "J" , c..) ""." ~. po..,.... ~ L ( b_ 21~ Motion by Commissioner Halbert, seconded by Commissioner Davis, that the City Manager be authorized to expend an initial amount not to ex- ceed $500 for pins to be awarded to employees in accordance with the recommendation of the Personnel Board. Voting Aye: voting 'No: Mayor Brown, Commtssioners Davis, Halbert, Lamkin & Lutz. None. A rate schedule and letter of explanation dated June 4, 1959, from the Houston Natural Gas Corporation was presented for consideration. It was explained that hearings before the City Council of Houston had just been completed and the company was granted an increase in rates. It was stated that the gas distribution system serving the areas in ' and around Houston had been constructed and operated as an integrated , unit in order to provide the most economical gas service possible and it had not been practical to segregate the cost of service in each of the communities served. They also stated that it was their fI belief' that this was a reasonable approach and was in accord with the recent decisions of the Houston City Council and its staff of experts as well as the Railroad Commission and Courts of Texas where it has been held that rates should be based upon the cost of service in the logical operating unit rather than in the artificial and changing areas encompassed by city boundaries." The Houston Natural Gas Cor- poration advised the City Commission that the increased rates would apply to all gas used after the next meter reading dates in West University. Motion by Commissioner Lamkin, seconded by Commissioner Halbert, that the new rate schedule submitted by the Houston Natural Gas Corpora- tion and attached to their letter dated June 4, 1959, be accepted for filing; said rate schedule to become effective and to apply to all gas used af'ter the next meter reading dates in West University Place. Voting Aye: Voting No: Mayor Brown, Commissioners Davis,Halbert~Lamkin & Lutz. None. The Commission discussed the proposed system recommended by the city's , Auditor, and Treasurer, whereby the payroll procedure could be changed to eliminate 500/0 of' the time involved in preparing checks for monthly employees and took the following action: Motion by Commissioner Lamkin, seconded by Commissioner Davis, that the payroll system as prepared by the city's Auditor and Treasurer, and recommended by the City Manager, be approved and future payroll checks for monthly employees be prepared accordingly. Voting Aye: Voting No: Mayor Brown, Commissioners Davis,Halbert,Lamkin & Lutz. None. r':::~ ,,~~~~~=~I_~[ ,-, _ .--:I ' , m ["-""',~~~~~~ , 28.: The Oath 'of Office was ~dministered by Mayor Brown to Mrs'. Verna Mills~as Assistant City Secretary. The City Attorney advised the Oommission that the case involvitlg a zoningvioiaticin 'by Mr. George :Beck, '2801 Rice Blvd.,; for tempo':l:ary injunction, was, to be heard on WedneSday, August 12, 1~59,inthe JJ- th District;, .court. ... . . '- M:LnutEis ~c;>tthe Commission meeting held on 'July 27, 1959, were read aria:;a~#bved.. ,: ' . , , , , , With no fUrther business to come :before the Commission' at this ,time, upon:motion :duly'made, seconded'and c~rried, the meeting was adjourned. , AmST':' . ':J ~ 'T " ' n "~---:~T""":I ,,<0'1' i / . '.: .J u o Il LJ 2'9 REGULAR MEETING OF CITY COMMISSION AUGUST 2h, 1959 i_ The'City Commission converfedin. regular session at the City Hall, Monday, August 24, 1959, 7:30 P.M., with the following members present: Mayor Brmm, presiding; Commissioners Davis, Halbert and Lamkin. The City Att- orney and City Manager were also present. Commissioner Lutz was absent as he was out of the city on vacation. The Invocation was pronounced by Commissioner Davis. The minutes of the Zoning and Planning Board Meeting held on August 13, 1959, were submitted to the Commission and the following action taken: """,, 1:~fiI (.:; ~~T ~ , t...~~ r......' ....... CC Motion by Commissioner Davis, seconded by Commissioner Lamkin, that a hear- ing be called for Monday, September 14, 1959, 7:30 P.M. to consider amending the city's 'zoning' ordinance, as recommended by the Zoning Board, to permit subdivision of Lot 7, Block 34, West University Place First Addition, in- to two lots; 53 x 100' on which a present dwelling exists and the other 97 x 100' on which the owner, Mr. J. H. Parnell, proposes to build a house, to front on Pittsburg Street. Voting Aye::" Mayor Brown, Commissioners Davis, Halbert and Lamkin. Voting No: None. r ! I Motion by CommissionerHalber~econded by Commissioner Lamkin, that a public hearing be called for' Monday, September 14, 1959, 1:45 P.M. to con- sider amending the city's zoning ordinance to permit subdivision of Lot 2, Block. 34, College View Fourth Addition, into two lots with 30' to be used in connection with Lot 3 making a building site 80 x 114', with a pro- posed building to setback a distance of' 25.5' from the front property line as requested by the owner, Mr. W.A. Claytor, and as recommended by the Zoning and Planning Board. Voting Aye: Voting No: Mayor Brmm, Commissioners Davis, Halbert, Lamkin. None. Motion by Commissioner Davis, seconded by Commissioner Lamkim, that a pub- lic hearing be called f'or Monday, September 14, 1959, 8:00 P.M. to consider amending the city's zoning 'ordinance to permit subdivision of Lot 6, Block 45, vJest University Place Second Addition, located at the corner of' Sewanee Street and University Blvd. into two lots 50 x 150 feet each to front University Blvd. as requested by the owner, Mr. B. o. Penny and re- commended by the Zoning and Planning Board. Voting Aye: Voting No: Mayor Brown, Commissioners Davis, Halbert, and Lamkin. None. A letter from E. N. Shepard submitting his resignation as City Engineer was presented to the Commission. He desired his resignation to become effective as of September 1, 1959. Motion by Commissioner Lamkin, seconded by Commissioner Halbert, that the resignation of E. N. Shepard become effective September 1, 1959, and be accepted with regrets. Voting Aye: Mayor Brown, Commissioners Davis, Halbert- and Lamkin. Voting No: None. ~r"""7'~'~~T'""'1"'- r~'"'''''''' ~ __'_""."1 .I ' 2'Ui, o '-!~ .' Mr. Wesley Kuenemann, Chairma-nof 'the Community Hause Committee and , members Paul Black arid Mrs. D.' Ir:-Saunders 'a.nd Robert V. Flanagan, sub- mitted a final report of the Committee's study of recreational activities and rieed~' itiWes.t::UtrlverSityi,Pilaee ..:,' Ma;yor,BroWn'artd., me~ber5:of",icij.eS:~}', "~' Commission: exp:t-essed' apprec:i.at'io.ii:~to' the Committee for: theh' ef'fortS.::-'in. makin~r.the,',atudya.nd':.sur-vey.' The report was accepted for study byniem-, bel'S of the, Commis'sictJ.>' , o Mrs; A. F. Remmert~ 2736 Sunset ~lvd. and ,Mrs. C. G. Finkle, 2805 Sunset, appeared before the Commi'ssion protesting asignwhic'h badbeetJ. erected at '2808 Sunset in connection with a building being used as a real estate off'ice.'.They'adviSed'that the.S,ignwas at leas~ 4'x 12'., and, it was poi'l1ted"but'that thisbuildingwa;s ih a 'Single family dwelling distr-1ct and had be~n erected on the property prior to 1937, in connection with development,' o-f1(onticella Addition. ' A:f.t'er rev'iewing>thie provision :in ' ' the:Zoning,Ordinance.; for: signs in. 8,' residentialdi'strict, it was the' opinion' 0'1' thE! City: Attorney and the 'Commi:ssion'thatthe'signwa'scfefi;'" ti.ite.1Y'13.',vrola;t:ion: of the city's 'ordi-fiance..-' " . . . - , , Motidnby C0mD11ssionLamkin:, second~d.by Cotnmiss:ioner Da.Vis, that the City Attorney be instructed to take whatever.act11on'necessary to have the large,unsightly sign removed from the premises at 2808 Sunset. " ' ". >~-:: , ' . Voting Aye: Voting No: Mayor Brown, Cotrimissitmers Davis, Halbert and Lamkin.: None. -:-::"f .~." . o:..~, '..~:: uMr.E :M.,cArbaugh, :61'34 Fbrdham};~ppeared:'bef'ore, the, Commissi'On inre,.... spol\l;$e>'.toa '-;Liit'ter,f'roll1 th~6itY'A:tt'brney.with r.e:J;'srence to. an alleged viola;t'idn,oI":,:thecity"szonirig ,ord!inatic~by. renting.: garagelivingquar-: . :'::t-ers,exi,st:i!ng :on hfsproperty.. ' Mr.' Arbaugh submitted a' statement ,o.f ' 'fact'swh;i.ch'r.~vea.led:tha;t 'the .premises, were being used more. ssa stor- age'l?l~ceby;'Mr.s'. C,. :(}~1!l];;l.i:s,'who '~s a. .practi~lnurse" and whose"" daughter and family live directly across the st;['eet:at2'623'.Amherst:,; He explained that she -only comes on the premises a.bout two or three t,imes a; 'morithiand very ",el~o1n if-or the 'pur'@ose of spending ,the night. " O ! , ,. i , City Manager Whitt Johnson, ~eportedto the Commission that the Finance Oommittee had: .met: on Augnst. "~O'j1959,to eonsia~r the'pr:QPosed 1960'-'.," b'udget~A$'ter reir.iewi'tlg'aJ:l'ttemsbf income 'and expenditures ", itowas ;, ' "the!i.r,r'ecetnn'J.endati:o.bthat the ", proposed budget' be accepted. " , , It' wasrep,o~tred t:othe Cotmiti.ss.ionthat :CaptaitfClyde Hanssard 'hadsub~ m;i"tted his;'resi:'gnation' to the' Chief"of, Pb:lic.e 'and authority was requested to trans,fer, personneL, The City :Maina.ger:advil:!ed that ,one of the o:ffic,ers, A. T. Scott, was 67 years of age and it seemed advisable to place him in a,pos1ti.tbn'Whereit M0uldtro't 'be 'so hazardous..., . ,It. was his ppini;QJL'" that he could be trained to oceupy the position o.f pump op~rato;rand,; "\, clerk at the Water Plant, which would relieve him of the responsibility of'dr1;.vinga.pol:icecar. . . ..r- Motion by Commissioner Lamkin, seconded bY,Cominissiotter :Halbe-rt,: ,tha:tvthe City Manager ,be authorized to transfer Mr. A. T. Scott from the Police Departmen:t to.'&lie water~ Depar.tm~,nt,and.other: :'transfers .to' be lI!B-de within , the. Folice D.epartment':to f,iil':the'two vaeanCies,,"crea.ted ,bjr the resignation 11 U . ;. ~~; . .t. . 1-----' ~--~r~ ,'".. c r'~1 ""T ---r '~1 . 31~ of Captain Hanssard and transfer of A. T. Scott. Voting Aye: Voting No: Mayor Brown, Commissioners Davis, Halbert and Lamkin. None. !~ ~~J The City Attorney advised that a letter had been received from the Assis- tant County Attorney, advising that the city's offer of settlement could not be considered for the reason that the appeal to the County Court was not filed in the time required by law; therefore, the award made by the Board of Special Commissioners of 8o~ per s~uare foot would stand as the city has no other recourse. (R.O.W.:' at Edloe & Alief.) , A letter f'rom Mr. Edward L. Mitchell was presented to the Commission by the City Attorney; whereby Mr. Mitchell Tequested an agreement be made betiveeri Mr. A.L. Anderson and the City that Mr. Anderson would be res - ponsible for the rental payments on the property located at 4213 Bellaire Blvd. and owned by the city. Mr. Anderson had requested that the lease be reassigned to him to protect himself on a large note he is purchasing on the equipment and building on said property from Mr. Edward L. Mitchell. C) 'T C) Cr.:.:: c.c Motion by Commissioner Davis, seconded by Commissioner Halbert, that as - signment of' the lease on property located at 4213 Bellaire Blvd. and owned by the City, to Mr. A. L. Anderson whereby he agrees to be respon- sible f'or the rental payments on the property; as requested by Mr. Edward L. Mitchell, and the Mayor be authorized to execute the agreement on be- half of the city. "I Voting Aye: Voting No: . Mayor Brown, Commissioners Davis, Halbert and Lamkin. None. Ordinance No. 761, captioned as follows, was submitted to the Commission and read in full. AN ORDINANCE FINDING AND DETERMINING THAT EACH AND ALL OF TEE PROCEEDINGS HAVE BEEN HAD AND ALL THINGS PREREQUISITE TO THE HOLDING OF A PUBLIC HEARING TO CONSIDER THE AMENDING OF ZONING ORDINANCE NO.lll OF TEE CITY OF WEST UNTVERSITY PLACE, TEXAS, SO AS TO PERMIT THE: SUBDIVISION OF LOTS 1 AND 2, BLOCK 24, WEST UNIVERSITY PLACE FIRST ADDITION; FINDING THAT A PUBLIC HEARING FOR THE: PURPOSE OF CONSIDERING AN AMENDMENT TO ORDI - NANCE NO. 111 HAS BEEN DULY AND LEGALLY HELD; APPROVING AND ADOPrING THE REPORTED RECOMMENDATION OF THE ZONING AND PLAN- NINGBOARD THAT ORDINANCE NO. 111 BE AMENDED SO AS TO PERMIT SUCH SUBDIVISION; FINDING THAT ORDINANCE NO.lll OF THE CITY OF WEST UNIVERSITY PLACE SHOULD BE AMENDED SO AS TO PERMIT SUCH SUBDIVISION; AMENDING ORDINANCE NO.lll PERMITTING SUCH SUBDIVISION; AND PROVIDING AN EFFECTIVE DATE. Motion by Commissioner Davis, seconded by Commissioner Halbert, that Ordi- nance No. 761 amending Ordinance 111 to permit subdivision of Lots 1 and 2, Block 24, West University Place First Addition, into three lots to front on Sewanee Street, be passed and approved as read. Voting Aye: Voting No: Mayor Brown, Commissioners Davis, Halbert and Lamkin. None. 'TO~~~~~"~"i~-1 r~"""C' c,'cO~~~''''~l 3i~:. Ordinance No. 762, captioned as f~llbWS, was submitted to the Commis- sion and read in full: AN ORDINANCE FINDING MID DETERMINING THAT EACH ANn ALL OF. TB.E PROCEEDINGS J:TAVE 'BEEN HAD AND ALL 'J.'HINGS DONE PREREQUI- " 'SITE 'TO TEE' gomING '(}F~ A' MLIC ~ING,TO G.ON$IDER THE AMEN.!):"" ING OF ZONING"PJIDlNAl'lCE NO. 111 OF THE, CITY OFWESTUNLVERSm ' PLACE; 'l'EXA,s, SQ AS TO PEmMIT TEE SUBD~!SION OF. LOT. NO~ : 16,:: ' BLOCK i6, COLONIAL',t'ERRACE; FINDING'THAT A' PuBLIC HEARn1GFO~ :,' THE PURPOSE, OF CONSIDERING AN AMIDNDMENTTO ORDINANCE 'NO. ill .' HAS BEEN DULY ANDtEGAIiy FmI:D,;" 'APPROVINGAIID Ari6~ING TEE .':< REJ?ORTED, EECOMMENDA'B;rON="OF .':C;BE ::zONING MID PLANNING BOARD , " ,,',' THAT .l_I~CENO. ~ll BE AMENDED, SO AS TO PERMIT SUCH Su:B,:-' .: ,',~ DIVISrObl; ;-FnIDJNG THAT :O;RDINANQE NO.-llt- OF THE CITY OFWST_ , ,UNIVli:RSITY ('PlACE "SHOUIJ) "BE AMENDED, SO ' AS ~'l'O PERMIT ,SUCH' SU:I3"; " DIVIStON; AMEIN])IN(}O~~CE ;NO.,lll~INGS"(jCH $u:BD!VI$.tON; AND 'P.ROVIDmG AN; EFFECTIVE DATE.. .. " " '.." , , . - . ".: '..,'." . 'i" .... ". . ".'.. ." . Motion by Commissioner Davis, seconded by Commissioner Limkin, that 'Ordi~ nance:No. ,762 amending:Ordinance lll.to' permitsl+bdivis:i.on of Lot ],.6" ' , 'Block 16, colonial Terrace, bepassed:,andapproved a~ read." - . " Voting,Aye: .M~yorBrown, Comm:issioners Davis, Halbert and r.amkin.~ " Voting No:' None. ' ) . ' , Minutes of th.e meeting;of,August 10, 1959, were read and approved. With no further , business, upon motion duly made, seconded and ~arrieQ, the'meet,ing was recessed. - - .-~. "-.-. - - - - - - - - - - - - - - - - . -, '. ':',:;" . ; ..- "", J -:' .,_.-. - " <,' , . . ,.~ 0 ' . " ' ...: 7." .. - --r ''OJ -, r'~ ~ ~ ~'l "0: , ' "iJ ' . . ~i . ~ r-l u :~3- RECESSED MEETING OF CITY COMMISSION AUGUST 31, 1959 The City Commission convened in recessed session at the City Hall, Monday, August 31, 1959, 7:30 P.M., with the following members present: Mayor Brown, presiding; Commissioners Halbert, Lamkin and Lutz. The City Attorney and City Manager wsre also present. Commissioner Davis was absent as he was out of the city on vacation. The Invocation was pronounced by Commissioner Halbert. l~i~ ~~,.; C'" ~,.I Mayor Brown announced that a public hearing would be held at this time in compliance with the City Charter reQuirements and previously published legal notice, to consider adoption of a budget for the f'iscal year JanuBry .1, 1960 to December 31, 196Q. The Mayor stated that the City Commission had met on several occasions to consider the proposed budget and after final revision, it had been referred to the Finance Committee for their study and recommendation. "-"J~ (~) CC CC ,-, A.grQ~P&of 10 citi~eris composed of Mr. & Mrs. G. M. Harbeson, Mrs. H.C. h DlllT~1Ts. L. A. Alllet, Jr., Mr. & Mrs. C. McMurrey, Jr., Mr. Joe Deutsc,", Mr. Robert H. Law-and Mrs. Stuart Lamkin appeared at the hearing in the interest of re~uesting an additional appropriation of funds to defray ex- penses of the swimming team activities. Mr. Harbeson served as spokesman and outlined the year's activities and some of the competitive swimming meets which they felt desirable for the 80-90 children who would profit bY attending. It was re~uested that funds be provided so more team mem... bers could participate and swimsuits and proper awards be presented. It was suggested that a Parent's Club be organized and that some of' the officers and interested members meet with City Manager Whitt Johnson and Clyde Blackman, Manager of the Pool, and outline a tentative program and cost of operation and then the City Manager would present it to the City Commission prior to the next swimming season for consideration. A letter from the Finance Committee dated August 25, and signed by Mr. O. O. Mitchell, Chairman, stated that the Committee pad met and reviewed the pro- posed budget and unanimously agreed to recommend approval and adoption. Mayor Brown then asked City Manager Whitt Johnson to explain the details of the hudget and review its highlights for those present. After caref'ul consideration and discussion and no one else present desir- ing to be heard, it was determined that the budget was in final form and , ready for adoption. Motion by Commissioner Lutz, seconded by Commissioner Halbert, that the Hearing to consider adoption of the 1960 budget be closed. Voting Aye: Voting No: Mayor Brown, Commissioners Halbert, Lamkin and Lutz. None. 1 ~-,,-"-., -. ----=+"~ . ~-:=J.. ~ r -- '.<=r'f ..r :'3'4'" " . ~, .v' . , ' , Ordinance No. 763~ "captioneu. as-'fol1oW5;~wa.S submitted for consideration and read in full: AN,0RDINANGELEvYING AND ASSESS:ENG,AN ,Au VALOREM TAX 'oN ALL TAXABLEl.mOPERTtwITHIN TEE 'CORPORATE'LIMITS 'OF THE CITY 'OF :wEST u:NIvERSITY P:LAC:m,.'TJSXAS) FORTBE' YEARi1959;' AND ,PRO - , VIDING. FOR THE COLLECTION, 'THEREOF'. Motion by Commissioner Halbert, 'seconded by Cominissioner"Lamkin, thatOrdi- nance'No. 763, levying and assessing an ad valorem tax on property within the'> city fot, the'year 1959 be passed and apprmred as read. Voting Aye: Voti'rlg 'No: Mayor Brown, Commiss:toners. Halbert, 'Lamkin and Lutz.' , None. Ordinance No. 764, captioned asfo1.1ows, was submitted for consideration iand read in full: . AN' ORDiNANCE"APPROVING 'A BUDGET FOR 'THE CITY OF WEST UNIVERSJ:il!Y ' "PLACE,~S, ,FOR A 'TwELvE .MONTH PERIODBEG:rnN:J;NG .:rANUARY1~"" 1960 AND ENI>ING DECm4Bl!r.R, 31 j '1960 ;PROVID:mG'1eJI~ APPROPRIAT- ION Ol? MLIC ":FtJ.NDS 'OF-THE} CITY FORUSE'AJ.IJD EX1?EttmITURES' . . . .... ".' , ..., ,~.: Motion by Comm.issib'rier"La:mkin,:seconded byCommiss::toner Halbert,tb.e.t ' Orcl:l.nance No. r;i6li:, 'appToving a. bUdget ,forWest:University Pla.cefol'tihe year. 1960 ,be passed anda.pprovea. : as.r:ead;. Voting Aye: Mayor Brown, Commissioners Halbert, Lamkin and Lutz. voting No: ,.> "None~: ,; , 'l' , . , Withuof'urther "businesS t~e0me.b;efere the Cominissionat this time; 'upon motion 'duly ma,~~;' sec<3nded;-and:ca.itrre~, the meeting was adjourned. , " ~ '. , . ~ ATTEST: "-,7" I' .'t". ",t.; . >-..-'.; .'. t" . "",.'\ . ;. -r ' ,~ , ~--::r---r' "",- ---=r o . : I. :1 LJ :', ! I LJ 35' REGULAR r-1EETING OF CITY COMMISSION SEPTEMBER 14, 1959 The City Commission convened in regular session at the City Hall, Monday, September 14, 1959, 7:30 P.M., with the following members present: Mayor Brown, presiding; Commissioners Davis, Halbert, Lamkin and Lutz. The City Attorney and the City Manager were also present. The Invocation was pronounced by Gommissioner Lamkin. A..":} I;:::) ~ <:,.,) c.:c C;C In compliance with previous action taken by the City Commission and Notices duly published in the off'icial newspaper of the city, Mayor Brown announced that a Hearing was in order to consider amending the city's zoning ordinance to permit subdivision of Lot 7, Block 34, West University Place lst Addition, into two lots; one lot to be 53 x 100', on which a present dwelling exists, and the other to be 97 x 100'. The owner proposes to build a house on the 97 x 100' lot, to f:r;ont onPittsburg street. The Oath was administered to Mr. J. H. Parnell, 3515 pittsburg, and City Manager Whitt Johnson; also to the following named citizens and property ownerS who were present and desired to be heard: Mr. & Mrs. Evan H. Botting, , 6508 Mercer, Mr. & Mrs. Chas. L. Hughes, 6502 Sewanee, Mr.M. L. Barr, 6445 Mercer, Mr. & Mrs. Gus BarkovT, 6512 Mercer, Mrs. P. W. McOoy, 6521 Mercer, Mr. Lyle'R. Sheppard, 6522 Mercer, Mr. Allan B. Campbell, 6518 Mercer, Mrs. R. A. Smothers, 6534 Mercer. r I The Hearing was then turned over to the City Attorney f'or questioning. City Manager Whitt Johnson, having been duly sworn by Mayor Brown, stated in answer to questions by the City Attorney, that proper application had been made ,by Mr. J. H. Parnell, and after the City Commission's action calling a public hearing, proper notice was inserted in the official newspaper of' the city and Notices were mailed to all property owners within 200' of Lot 7~ Block 34, West University Place First Addition. Mr. J. H. ,Parnell, owner of Lot 7, Block 34, West University Place 1st Addition, irtanswer to questions by the City Attorney, stated that he de- sired the lot subd~vided into two lots, both to front on Pittsburg Street. The corner lot would be 97 x 100 feet and the East lot with an existing house would be 53 x 100 f'eet. Mr. Parnell presented plans for a pro - posed house to be constructed on the West portion of the lot to f'ront on Pittsburg Street. Mr. Evan H. Botting, 6508 Mercer; served as spokesman for the group and stated they were in opposition to the subdivision requested by r-tr. Parnell as they felt that a house f'ronting on Pittsburg would cause their property to go down in value and be a source of inconvenience as the back yard of the proposed residence would face the front yards of those persons living on Mercer. Mi~. William Croft arrived late, and after being sworn by Mayor Brovm, stated that he resides at No. 5 Lookout Court in Houston, but he owns and rents a home at 6502, Mercer. He was in accord with.the pOSition outlined by Mr. Botting. itf Considerable di~cll"ss_:i..Pn.,too~ l)l€l;~e}. and both parties looked over the, blue- prints of the property. It was suggested that the City Commission consider a 22f~otsetback line on Mercer street which woul~ give Mr. Parnell an ad~ dit'iona.1.: 8f'eet of,bui1.ding, aIlea. " ,,' .-; . I; 0" .. Mayor Brown stated ' t--hat the'C:61ittnission would not',consi!lera 22 foot.setcl;lack on ;Mercer street as, i-tl9.a.d bee.n, against the Commission I s policy to ch,apge thi{ front setback line and they did not wish to set a precedent in this ca~e_.' It was suggestedtbat the" hearing' be> recessed until September 28th in order to give ,Mr. Parnell an opportunity to reviSe his plans in a manner that would ,'be "more agreeable, to the' surroundingpropertyowner,g and .th~. Ci~Y"Coinm.issio.n' Motion byC6tritnissionerLamkin,Seconded by Commissioner Davis, thai; the "Hearing'called ,to'ccins'idet" ameildi.rig,Ordi~tlce No.:lll to, permit subdivi':- sion of, Lot' 1, Block 34, west University PJacei First Addition into two lots , both to front on Pittsburg St.reeti:berecessed'until September '281;;h. voting 'Aye: , Voting No: 'Mayor ,Bt'own ,G,otmiid.s.sia.rl.er.s Davis ',<ffa1.b.ert,Lamkin anq,Lu:~z. None~';' .... MayorBroWn'a.~ri0'uncea'tha;tthe secondhearing'scheduled fot' this d.l;i.tewas . nOw' inorder~d- adm:i:riisteredtheOathto ,Mr~W. AVCJ..a.ytor,th.e"G:i:tyManager 'and a group 'of cit'isens pr'esent inres,ponse. to.l1otice :ofthe "Re~:tpg.,Tp.eir' names are:H. N. DeBois, 4022 Swa.rthmore, Chas~E.Eti1mert,,-.4:018:JJrUN~rsity, 'Fr~nk E. Bonn:iJwell" 4026 university and R. O. Dickson, 4o~5 Uhive"l"!3ity'. . ,'.., The Hearing ~s turneWi over toe'the City At1;;orney ~or questioning,'Th~i,:City Manager'st$';ted'tha.tMr.W ;A~' QlaytQr's. reqti-e$~ ,to permit subdivi$.:LQtl,ef' Lot "2,'':Block S4"c.c.j]iege'iiiew]'ourth"Addj:ti~n, ,had,b~en.~ubmitte>dttot~he ' Zoning Board ':andrecdiD1iiend.ed for' 'appr-ovaLa.ndthat after, a. hearing;"''Wa,s,, "called by the :CityOotiJInil3sion, ,pr0-per-nbticewasinserted ,in the:0f'ff~ia1.,' newspaper and Notices "ma:i.led to.a.ll::;prope.rty.iOwnerswithin, 200 feet<'of the property; He stated that in his opini.on all requirements for calling' a. public' hearing had'beenmet. '. J ' .. , ' Mr-~: CJ..a.ytor stated that beca.use of', proposed:\.oop drive on th~ present: 80 feet 'of vacant preperty<whiah fronts 'on Univer6ity Blvd., he des':Lr~d. t9 set thefront::6f' the proi[losed' home Q5.5feetback from the front,:p'rppe,rty line instead of any 20 f~tas' the remainder' of the houses in tha~,:,p,lock. He stated that this would still allow a distance of 53.5 feet from. ,'the back of the prop()sed, residence to the rear property line. .' The property owners, present' all'spok,e in favot':ofthe' proposed residence' , and ilo~bJectioiis vere'voiced. With 'no other propertyOWhers present who desired to ,b'e hea;;rd, ,th~' he~ing was turned ?ack to Mayor Brown and the :following action taken: ," MotfonbyCon1in:tssiotier Davis, seconded by Cdmmis.sio:ner Halbert; i{h~'t.:-:';~,he hearing .cal1.edto .conside~(;l.tneriding 'Ordinance No.. 111 ,to pernd.t .st1.Qdi~i- sian: of tot ~'i:::e:16c~34;>Cbllege View Fotirth:Addn. in order that 30Xeet might be use.d in conl;lec:tibn with !tot 3, making an 80 xl14 footbu:i:;ld.i.p,g .. r "'''~-"''=-~~'i~' r ~ '~~~"l . . it i I lJ \ , o II ; I LJ 37. site with the proposed building to setback a distance of 25.5 f'eet from the f'rontproperty line, be closed; further that the City Attorney pre- pare'the necessary ordinance to permit approval of Mr. Claytor's request. Voting Aye: Voting No: Mayor Brown, Commissioners Davis,Halbert,Lamkin and Lutz. None. The third Hearing to consider subdivision of Lot 6, Block 45, West Uni - versity Place Second Addition, into two lots 50 x 150 feet, was announced in order by Mayor Brown, who then administered the Oath to Mr. B. O.Penny, owner of the property, and to the City Manager. L:l o ~ C,.) ce' t'V''I ~..J. In answer to questions by the City Attorney, City Manager Whitt Johnson stated that application had been properly made by Mr. B. O. Penny to the Zoning and Planning Board and after the City Commission's action on August 24th, calling a public hearing, proper notice was inserted in the official nei{Spaper of' the city and Notices were mailed to all property owners within 200 feet of Lot 6, Block 45, West University Place 2nd Addn. Mr. Penny stated, in answer to questions from the City Attorney, that he desired the lot subdivided into two 50x 150 foot lots, both to front on University Blvd~ in order that he might build a home on one of the lots, and sell the other for another building site. The fact. was revealed that all other lots in Block 34 had been,subdivided into 50 foot lots. With no other property owners desiring to be heard, the follOi-Ting action vTas taken: Motion by Commissioner Halbert, seconded by Commissioner Lam.1tin, that the Hearing called to consider amending Ordinance No.lll,to permit subdivision of Lot 6, Block 45, West University Place 2nd Addn., into two 50 xl50 f'oot lots, be closed, and that the City Attorney be instructed to prepare the necessary Ordinance to permit said subdivision as requested by Mr. B. o. ~~.' . Voting Aye: Voting No: Mayor Broi-m, Commissioners Davis ,Halbert ,Lamkin & Lutz. None. Commissioner Davis stated that Mr. Roscoe McGuyer, public Relations Direc- tor of the Houston Coca-Cola Bottling Company, had advised that the West University Little League sign has been installed on the Wakeforest water tower and was ready for operation. He suggested that a suitable ceremony be held, wherein the Mayor would turn on the switch illuminating the sign. It was the opinion of the Commission that Mayor Pro-Tem Davis should be the one to participate in the ceremony as he has been closely associated with Little League activities. A discussion was held but no action taken. It was brou~ht to the Commission's attention that the Zoning & Planning Board had met in regular session on September lOth, however, there was no action taken inasmuch as no requests were submitted. The City Manager advised that he had received a request from the PTA of the West University Elementary School for use of' the Community Bldg. each Monday , 3'Cl)",' I '~Q)" , -' and Wednesday morning, 9-12, beginning September 21st for 8 weeks. It was expJ.a.ined that 'classes were to be held'fnSewirig, cooking, homema,ki:ng,;'etc. for women, inthevtest University"area~' :J:t,was also explained tha.tthePrA ,had usedthebuiIding last:year.f'or'thispurpose, and that it had,'filled a real need. o . .:~ . Motion by Commissioner Lamkin,' seconded by Commiss:i,oner .-Davis, that: the West University School PTA be allowed to use the Community Building each Monday and Wednesda.y; '9:"12'A.M.foredghtweeks beginning September~l, for Home Demonstration classes-with6ut::charge.' Voting Aye: Voting No: Mayor Brown, Commissioners ,Davis,Halbert.,Lamkin 'and Lutz'. None. Authority, was requestedtoaa.vertise 'forbids for the following ii}~1f1Sfor the ]j'ire, DepaI'tment: "200'-:f!eet l~~\FireHose, 400 feet ~" Firt! H6~~ I}h.to Ta'P and "Die, Sets' (l~'\ and ~11,) ,One Cooper Hose Jacket and One FireHose Expa.hd~r( 2k1l) ~" It was 'explained 'that: funds had been appropriated. for this 'purpose in'the ~959 budget; , " Mot:Lbnpy' Commissioner Halbert, se,condedby: CowIdssioner Davis, that the, City Ma~ger'be authorized to 's.dvertise ,for bids to,be received on'October 12'."1959' l' "'\OO,..Q t"'l'ln Fir" 'H ,', "400.p t 2111 F" 'H m,.,. T ,.. 'd ' ,'" ,or 'c.,' ':Lee,,', '2", .e os,er '.L.ee "2' ~re ose, .LwO', ap'an , Die sets(li\labd'~l'};One.coo:pei,llose'Jacket. and One Fire Hose Expander (2~1I) as; provided for "in '., the,1959'budget'o Voting Aye:- ' .. 1{oting No: Mayor Brown, Commissioners Davis,.B:albert,Lamkin &Lutz~;::i; None. ' . ~, ,,' " , J MayoJtBrown sta.t'edtbatth:e>City Comm.issionhadm.etinf'ormally at a 'luncheon with, Mr .: Wesley, Kuenemia.nn;Chairman' of the ,COlIln'l.uni tyHouse Colinni ttee ',to con- ,sider the Committee 's report'and'it wa:s'deteriliined that certain aspects of" ' , , . the program shoiild befurtb:er developed,.'na;mely: . the attitude of' the' Harris . County Gomm1ssionersCourt;.'ih; reJ.atiGm to expansion of the library and, what. contributions could be expected of the Court; desirability of enlarging of ' the present Committee and obtaining assurance from pr<?per authorities of~the, Hotis:to~Independ.ent" Sch:60'1'. D~st:ri:ct fot'" use" of' the, playground: and faci'Ii ties., . of the West University Place Elementary School. No .further ac~ionws. 'taken .on the Community House Committee's report. ' ',I ,The' City Manager: l:tnnounced.tmt; incomPliance. :with 'prev.i~us instructions from the c~:tyd6nimissi:oti,'prreparations hadbee'n made, to institute' 'backdoor garbagecolieqtio'n'on an experiniental ba.si$:~ uThe Garbage Superintetident had'. ,:s~l,ected"th~' area. he twee n"R:i:.ce Bivc1..'lt'olJ_Case' Street from College, Avenue to Corirmuni ty Dr'iv~' for experimental 'pUrposes.' It was brought out that there " would be 'no 'ch8.rge; for, the homes'.serv-ed duririgthis two week trial ,period, ~' however, ifiihe. service is" deeni.ed~a:dv'isa.ble for-the :City as a whole, it. has been estimated that the approximate cost per family dwelling unit will be 75~ per' month. " It was deC'1ded .:that'1?he1 tr:i'a.l badk~oor collection :would be-., gin on TUesday,'September' 29thfbt' a peribdof" tWo' weeks. A request fr6mthe Houston Great Books Council asking that the~yor pro- claim Great Bbbks Day in the, City 'of West University Place was presented ' to the C.ommission. ' , , , . I-I ;J Motion by Commissioner Davis, seconded by Commissioner Lute,that Mayor Brown b -- - J '~~ ~ -':~~~:--::r [" ~-,," 1 ....I' 39 r be authorized to execute a ProclamatQon proclaiming September 18, 1959, as Great Books Day in the City of West University Place as re~uested by the Houston Great Books Council. Voting Aye: Voting No: Mayor Brown, Commissioners Davis, Halbert, Lamkin & Lutz. None. A letter from :!vIr's. Roland Heyne representing Daughters of the American Re- volution re~uesting that Mayor Brown proclaim the week of September 17-23,. 1959, as Constitution Week in the City of West University Place, was pre- sented to the Commission. t:.Q C;) Motion by Commissioner Lamkin, seconded by Commissioner Halbert, that Mayor Brown be authorized to execute a Proclamation proclaiming September 17-23, 1959, as Constitution Week in the City of West University Place, as re~u~sted in the letter from Mrs. Roland Heyne. ""r U CC CC Voting Aye: Voting No: Mayor Brown, Commissioners Davis, Halbert,Lamkin & Lutz. None. The City Manager advised that the five room frame house located on Lots 4 &5, Block 19, College View Addition, Section 1, 3822 Amherst, which the city recently acquired to expand water department facilities, should be de- molished and r~moved and requested the City Commission's instructions as to the handling of this matter. Upon advice of the City Attorney, it was determined advisable to insert a Notice to Bidders in the official news - paper of the city for demolition and removal of thef'rame house at 3822 Amherst. Motion by Commissioner Lamkin, seconded by Commissioner Halbert, that the City Manager be authorized to advertise for the sale of the five room fr~ house located on Lots 4 & 5, Block 19, College View Addn. Section 1, and for the demolition and removal of the building in accordance with speci- ficationsconcerningremoval and clearing of the site; bids to be received until .7:30 P.M., October 12, 1959. . Voting Aye: Voting No: Mayor Brown, Commissioners Davis,Halbert,Lamltin & Lutz. None. Ordinance No. 765, captioned as f'ollows, was submitted f'or consideration and read in full: AN ORDINANCE FINDING AND DETERMINING THAT EACH AND ALL OF THE PRO- CEEDINGS HAVE BEEN HAD AND ALL THINGS DONE PREREQUISITE TO THE HOLDJ;:NG OF A PUBLIC HEARING TO CONSIDER THE AMENDING OF ZONING ORDI- NANCENO~ 111 OF THE CITY ,OF 'V1EST IJNIVERSITY PLACE,TEXAS SO AS TO PERMIT THE PARKING OF MarOR VEHICLES ON LOTS 1,2, 3 AND 4, BLOCK 1, MONTICELLO ADDITION; FINDDTG THAT A PUBLIC HEARING FOR THE PURPOSE OF CONSIDERING AN AMEND:ME:NT TO ORDINANCE NO .111 HAS BEEN DULY AND LEGALLY HELD; APPROVING AND ADOPrING THE REPORTED RECOMMENDATION OF THE ,ZONING AND PLANNING BOARD THAT ORDINANCE NO.lll BE AMENDED SO AS TO ~RMIT SUCH USE; FINDING THAT ORDINANCE NO.lll OF THE CITY OF WEST UNIVERSITY PLACE SHOULD BE AME~lDED SO AS TO PERMIT SUCH USE; M1ENDING ORDINANCE NO.lll PERMITTING SUCH USE; AND PROVIDING AN EFFECTIVE DATE. r~"~~, 1~~-~r~~'=~CC~C~'~""-"-'~I--_. ,,,1 -- '40 .' Motion by Commissioner Lutz, seconded by Commissioner Halbert, that ,"Ordinance No.765,~mending Zoning Ordinance 111 to permit parking of motor vehicles 001--1 Lots 1,2, 3 & 4, Block 1, Monticello Addition, by the st. ,Andrews Presby- : I terian ' Church, be' pa.ssedand, appr,ov~d ,as read., " U Voting Aye: Voting No: Mayor Brown, Commissioners Davis,Halbert,Lamkin & Lutz. 'None~' c , Mention wasma.de.Ofthe zoning violation against R. E.Holden, 2740,Uni - versityBlvd~ The City Attorney was instructed to determine whether.or...not the violation still exists, and if so, the name of the occupant of the garage apa.rtment and wnere'Mr. Holden .m=\.ghtbe located. , ,,,,' '." Commissioner' Halbert brought 'up the fact that the 9wner of the p:r:op~rty~at 3925 Swarthmore .is permitting vicious dogs to run at 'large in the 3900~;block of Swarthmore and is endangering lives of citizens. " .' The City Manager told the Commission that, in order toe1iminate,tr,affic con- gestion on days when football games are scheduled for Rice Stadium, NO PARKING 'signs would:be placed .along, the principal :.streets'-leading'.to the stad:}:\1U1, and that traffic.signa.lS 6i1ri now be ope:rated' manually be,$. trafficoffj;c~fin oruertoexpedite . movement of ,veh;i.cles. ; i'. , :f'. The Ci i:;y.Mana.ger' stated' that a 'public bearing. on benefits to 'be derived from. pa.ving"Bissohnet Street betweenWakeforest: and Kirby: Drive wa.s" to be he l(i._by,the 'Oity of" 'Houston on:Wednesday; September 16th arid wi thin'-:fdue.:time the City Commission would be requested to pass ,an ordinance confirming. and, ratifying th~ City of Houston's front foot paving assessment rate. o .The'minuteS of August, 24th and 31st were read and approved. 'With' nofur:ther' busineslil'to come 'duly.made,'..seeonded and carried, , ' ',t': .' Commission,atthfs' ti~, up~m motion :' was adjourned. ,.'-. :. ... nivers.ity.' Place a s '. ": , ".. ; ." ('-l ~ I LJ t''''I ....'" o ~ C) c:o r..t::: 4"1'. REGULAR MEETING OF CITY COMMISSION SEPTEMBER 28, 1959 The City Commission convened in regular session at the City Hall on Monday, September 28,1959, 7:39 P.M., with the following members present: Mayor Brown, presiding; Commissioners Halbert, Davis, Lamkin and Lutz. The City Attorney and City Manager were also present. Commissioner Lutz pronounced the Invocation. Mayor Brown announced .that the Public Hearing called for September 14, to consider amending Zoning Ordinance No. III to permit subdivision of Lot 7, Block 34, West University Place First Addition, into two lots to front on Pittsburg Street, would be continued at this time. It was determined that all interested persons present who desired to be heard had been duly sworn at the previous meeting with the exception of Mrs. Della Gosnell.~ho was ad- ministered the Oath at ~his time. Mr. J. H. Parnell, owner of Lot 7, Block 34, West University Place 1st Addn., stated in answer to questions by the City Attorney that he had considered the . suggestion of fronting the proposed house on Mercer Street instead of Pittsburg, however, the plan he desires to build could not be constructed on the lot with the required setback lines. He therefore, was still requesting that he be permitted to front the hOUSe on Pittsburg Street. Mr. E. H. Botting, 6508 Mercer, representing several property owners in the immediate area of Mr. Parnell's property, stated that they still objected for ;~easons as outlined on September 14. They felt their property valuation would be decreased if the house fronted Pittsburg with the back yard of the proposefi residence facing the front J~rds of the property owners living on Mercer street. Mr. M.L. Barr, 6445 Mercer, stated that he had no objection as to which way the house would front, and he could not see that values of surrounding prop- erties would be effected either way. Mr. Lyle Sheppard,6522 Mercer, also stated that he could not see any objection to ~tr. Parnell's plan to front the house on Pittsburg Street. Mrs~ Della Gosnell stated that she resjdes at 6511 Mercer, which' 'is' directly south of Mr. Parnell' s property, and' she vTOuld have no objection to the plan which is proposed by Mr. Parnell. Others speaking in opposition to Mr. Parnell's request to front the house on Pittsburg street were Mrs. E. H. Botting, and Mr. and Mrs. Gus Barkow. There being no other property owners present desiring to be heard, Mayor Brown entertained a motion that the hearing be closed. Motion by Commissioner Davis, seconded by Commissioner Halbert, that the hearing called to consider amending the city's zoning ordinance to permit subdivision of Lot 7, Block 3l~, West Universit,y Place First Addition into two lots to front on Pittsburg street, be closed~ Considerable discussion followed concerning advisability' of obtaining an expert appraiser to testify as to whether or not the values would be de - creased by construction of a residence as planned by Mr. Parnell. At this . !"C'""".-:.O"-:':.:"'OO: ,'"C_~I-- ____r .OO'""07-=.=~'--'""='<-,'..1 --I ---- '4~. time, the Commission recesSed in order that,theymiglit confer on the matter. 'After the meeting was resumed, Connnissioner Davis withdrew his motion"to close the hearing. Connnissioner Halbert also withdrew his second to the motion-. Mayor Brown thenstate'd that-he wouldentertain'a'mqtibn in regard to the sub- divisiOn of the lot as Tequested by Mb' Parnell; with the hearing,pertaining to fronting of th~ house on'Pittsburg street, to be recessed until October 12. Mr. Parnell stated that he would try to revise his;~lans in order to place an entrance on Me,rcer street to give the appearance 6~ a frOnt e'ntrance'/- - The' other property owners, agreed they would meet with Mr~F.arneli and review the re- vised plansbefcire October 12 ." o Motion by Connniss10ner Halbert, seconded, by CommIssioner La'mkip-; that Zonirig Ordinance No.lll be'amendedto permit'. subdivision of Lot 7, Block '34;"west', University PlacE';! First Addition into two lots; the east 53x 100'td front on Pittsburgatid~the' hearing to he re'cessed pertaining to the' frontinf?ofthe, west 97 x 100'01' the lot. ' Voting ~ye: Voting No: ~yor Brown"C.ommissio~ers Davis; Halbert', Lamkin ana. LlltE ~ Noo~;. The City Attor'ney-advised that Counsel ,for George Marshall et al is'~lanning to ask fOr a 'hearing ,in tbe Courl:of 'Civii Appeals on October 12th, 'arid':Li;;'-was his opinion that the City Comriiissions:houid employ Attorney Paul 'Strong'to repre~ent the City upon the a,ppealof the Bell~ire Blv:d. zoning case.. Ordina.nqe No . 76?" captioried. a:s .f'011o.ws;' -wassubmittecl to theComm,iss'ionand read. in ":!ull: . .. '. , ~'.:- ::' ~;.;." .' :-~ : ~ .' ......- ,.. AN ORD:rNANeE ~OnNG PAuLBTRONG TO REPRESENT 'TEE CITY OF wEcif~:"~:' UNIVERSITY PLACE, TEXAS, AS ITS ATI'ORNEY: IN TEE CASE OF GEORGE ':'" " 'E. MAR~HA.LL, ET AJ,-; VB. T@ C~, ~gF' rlEST }JNIVERSITYPLACE, _ :EN T$ 'COURT OF 'cIvIL APPEALs. FOR' THE FIRST' SUPREME JtID!eJ;AL' DISTRICT' OF 'TEXAS ~TlIO~TON/ ~,,'uPO~'~,AP1:'EAL:'OF;stJqIi CASE:tNsAin " COURT AND. INCommC:TtON, WrrH'~~rf.~ITOF1!:RROR OR' PROCEEDINGS. , THEREFR()MINTEE ~~ 'CQURT'QFTEXAS., ' Or, ,I ! L. _ .1.' Motion bYCo1DlI!-isSibn~r'Lutz~ 'sE!cQndedbYConnnissioner pavis,that()rd,ip.~nce No.' 766, employing Paul'St:tOngtor€!present the:city as :J:.tsattorney' intbe'case of. ' George-E. Marshall, et ,a.~, llPOlf the app~al of such case,in t~e Court of C~vil Appeals, be passed ~nd a:p~r~ve9- a.s read. " ' , ' , , .. ; Voting Aye: Votip:gN6: " Mayor B~own, ,Commissioners Davis,Halbert,Lamkin a~dLutz. None. " , ," " ",' Attorney Cockrell also told the Commlss~on that it would be advisable for Mr . paul Strong.t9'obtainacoJ!ii9I' the statement of' fact,S 'peing' prepared in thecae'€!- of '~a.~Shal+, etal~ VB . the city of'W~stUi1:tversity Place', as it would be of great aS$istande. in handling'tlie. case on appea.l and possibly iri future' " , zoning qases~ ' ~ , '. Motion by eo~ss:tonerLutz, seconded by Commissioner Davis, that a copy of the statement of Factsirith~ case of Ma:rhsll"et aI, v.si the City of 'west Uoi versi ty Plac'e, be obtained.. ' ~- lJ~-- ! 1 t - .~ -1 ,..,. ~ --, '~ ----r ~l ......J: f1 lj, - ........' I i ' ....~~ i , \......."..- iL t~____ i.~3 Voting Aye: Voting No: Mayor Brown, Co~missioners Davis, Halbert, Lamkin and Lutz. None. The City Manager advised that there is the sum of $68,301.03 now in various funds 'which will not be re~uired for current operating expenses and can be invested to earn additional revenue. He stated that current intereat rate on 91 day Trea- sury Bills is 3.958% average. Resolution 59-12, 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 Trust Agency Fund, Water-Sewer Fund, Insurance Reserve Fund, Swinnning Pool Fund, Tax Revenue Sinking Fund and Garbage and Refuse Sites Fund, which vTill not be required for current operation expenses; and WHEREAS, it is deemed to be to the ~est interest of the City that such funds be invested 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 expendi.. tures of these funds, as anticipated until maturity of this investment, i-rill preclude a fund deficit: NOW, THEREFORE, 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: Trust Agency Fund Water .-Sewer Fund Insurance Reserve Si-rimming Pool Tax Revenue Sinking Garbage & Refuse Sites ill 500.00 1+9,801.03 10,000.00 2,000.00 4,000.00 2,000.00 T..a.t.a.l $ 68,30l.03 with the Federal Reserve Bank, in 91 day Treasury Bills at tJ:e current interest rate available. Motion by Commissioner DaviS, seconded by Commissioner Lamkin, that Resolution 59-12 authorizing the City- Treasurer to invest funds amounting to $68,301.03 in 91 day Treasury Bill, be passed 'and approved as read. Voting..Aye: Voting No: Mayor Brown, Commissioners Davis, Halbert, Lamkin and Lutz. None. A statement from the National Institute of Municipal Lm-l Officers (!'TUlLO) amounting to $62. 50 as a membership fee for City Attorney Charles F. Cockrell was su~mitted for consideration. It was explained that this fee would be for the period'May, 1959, to May, 1960, and would cover subscriptions to several municipal '--~'--1'"-~~'- -' ,_I , C -------- "'-'T - --- ..1 44 law journals and magazines, as well as research and general information service~ Motion by Comm:i.ssionerHalb~rt,seconded by CoIilrri;tssioner Lamkin, that the member'..;" ship fee amounting to $62.50 be paid the National Institute of Municipal La;w.' Officers for seJ;'vice during the period of May,1959, to May, 1960. Yotfng'Aye: YotingNo: , . Mayor Brown,' CommisSioners Davis ; Halbert ,. La~inra~d~}liriltz ~ None. ..~. ." '0' l , The City Attorney advisedtheCo'!JIlliiss:ion that the case:of:'the City of West Univ-', ersity'Placevs. GeorgeA.Bec-k., regarding.the.allegedviolationoftheZonirtg Ordinance by hiS renting a servants quarters over his garage as 'a second dwelling, ' unit in connection with his -residence at 2861 Rice Blvd. had been dismissed as of . '., .' '." -' '. .... . this date ,for reason that"A.rticle>Yofthe'Constitution was 'invoked by-Mr. Beck upon advice 'of, :h1s1egal;CoUrise~.and'thecity was not 'prepared with personal testi- ,mony topresent,:t~~case t6the-'jury. It wa.s deeme<1advisable to disn1i.ssthe>case _ - until' further evidence' C()uldbe "presented atidsui t refiled as soon as possible. . The City<Manager:report~dthathe"hadwritten a'letter .to ,off'1cials, o.f the Southern Pacific Railroad inregardtbthe pqor drainage along the right-of-way, parallel to Community Drive but as of thiS date 'had not received a reply. . It was" suggested by theC.ftyM~na.ger that a Board be 'appointed thatwotJ,:ld cOns:i,st ',' ' of perf;lonsqualified torec6l7ilnenq.a,revisionof the code regulatingai~conditioners, ; heaters ,etc. ' Minutes of the meetingbf.September 14" '1959; :were read ,ana.. approved. '; With ,no :fur~he~'b~sin~ss toqome :1>efore the ConnniSSiO~ at' t;h~~;ti-m~" ~ponmotion ' duly ma,q.e, secot}ded and'carr~.€7d,:,:the,meeting was adjourned~ ,D " I ATTEST: 1:, D 1 ,", -,', ~ , '~'-"r---~r ~-T -r 45 REGULAR :MEETING OF CITY COMMISSION MONDAY, OCTOBER 12, 1959 The City Comrnission convened in regular session at City Hall Mo~day, October 12, 1959, 7: 30 P.M., with the follovling members present: Mayor Brown, presiding, Comrnissioners Halbert, Lamkin and Lutz. Commissioner Davis was ~bsent for busi- ness r~asons. The City Attorney and City Manager were also present. Mayor Brown pronounced the Invocation. LQ 200' 1.1.11 Fire Hose $ 1.00 per ft. 2 ....~. 400' 2.1." II II, l.49 II " '-.".,..J 2 =..... Att. bid 200' Fire Hose .......J l~~) Alt. bid 400' II II CC' .~ Sets-l!" 2.1.1l 51.~ . 00 11.1l 'J: 2 Tap & Die & - 2 ~7.38 2111 - 2 I - 2.1.11 Cooper Hose ,Jacket 60.00 1 - 2111 Fire Hose Expander 59.92 2 In compliance with Notice to Bidders, duly published of tr"e city, bids received for delivery of items for opened and the results announced as ,follows: Bi-Lateral Am.~LaFrance $ 1.27 p~r ft. 1. 79 II II 2.09 1l'1I 1. 59 tl Il 124. ~5 - 1.1.11' 133.25 - 2!" 69.50 73.75 in the official newspaper the Fire Department were Eureka C.E.Settle $ ,95 1.40 per ft. II Il l!" &- 2!"-$205. 0' 60.01 75.0' Motion by Commissioner Lamkin, seconded by Commissioner Halbert, that the bids be re- ferred to the City Manager for study and recommendation. Voting Aye: Voting No: Mayor Brown, Commissioners Halbert, Lamkin and Lutz. None. In compliance with Notice to Bidders, duly published in the official newspaper, bids received for removal or demolition of 5 room frame dwelling and garage lo- cated at 38s2 Amherst Street were opened and the results announced as follows Gossett Demolishing Company, Inc. Loe~~ood Lumber Company 1. T. May -- Parsons vlinch Truck Service Company, Inc. $351!00 299.95 LOO 402.38 Motion by Commissioner Lutz, seconded by Commissioner Lamkin, that the bid submitted by Mr. W. F. Parsons, owner of Parsons Winch Truck Service Company, Inc. offer- ing the city $402.38 for the 5 room dwelling and garage located at 3822 Amherst Stteet, be accepted and the Mayor authorized to enter tnto a contractual agreement with'Mr. Parsons. Voting Aye: Voting No: Mayor Brown, Commissioners Halbert, Lamkin and Lutz. None. Mayor Brown announced that the hearing called for'September 14th to consider the request of ~Y. J. H. Parnell, 3515 Pittsburg, for a residence to face on Pitts- burg Street on the west 97 X 100' of Lot 7, Block 3lJ-, West University Place First Addition, be continued at this time. ,- Mr. J. H. Parnell, owner of the property, was called at this time but was not present. A telephone call to his home revealed he did not plan to return to the hearing inasmuch as opposition to his plans was so strong he did not intend to pursue his plans further. 46' .' , --. :,--- Mr. E. H. Botting, 6508 Mercer, requested, permission to spealt, which was. granted. Mr. Botting stated he and his neighbors who opposed the facing of the propo~ed residence on Pit~sburg had agreed to meet with Mr. P~r~e~lto ,work out a compromise but al~h.ough the Botting hOtne.hadbeen,offeredfor this purpose,he' had heard nothing : from Mr. Parnell. ' - . .' . Mrs. Gus Barkow; 6512 M~rcer, [expressed the same 'opposition a~ thatreglsteted by Mr. Botting. She added th~t ,tho~eWho opposed the facing of the house on Pittsburg had felt that possi~ly an entrance could be placed on Merc~r t6 give the, appearance of ,a front doo:!t., , However, Mr. Parnell had made no effort" to get in touch wi1;l1 th~mto try tbior~ oilt ~omethipg.; ! - -. . . Mayor Brown a:n!lourlce~ a reces~~n~rder ~hat.the.CitYCommission might discuss acceptance or ;rejectJ.on of th~ request by..: Mr. Parnell. , ' o " " After a short regess, theCo~iSSionreturned and Mayor Brown called the meeting to order. ,; Motion by,Cqmmissioner Lamkin~ seconded by Commissioner Halbert, that the hearing to consider the request'of'Mr~ J. H;,Par~~ll, 3515 Pittsburg, for a residence to f'ac~ on Pittsburg Street ori't~ewest:'91 X 100' portion of' ,Lot 7, Block 34, We~t University Place First Additiqn, be,cloSed. Voting Aye: Voting ,No: Mayor Brown, cqmmissioners Halbert, Lamkin and Lutz. None. . . .. Motion by CommisSioner Lamkin{ seconded by Commissioner Lutz, that the applica .... tionof Mr. J. H~ pa;rne,l1:to :!face a r'esidence 'north on Pi ttsburg street on the': west 97 X 100' portion of Loti7, Block 34, West University Place First Addition, be denied. , , Voting "'Aye: ' Voting NO: Mayor-Brown, C1,:mm.issioners Halbert; Lamkin andLutz~ None. :] 3." The minutes of 'the Zoning & ptanning Board of October 8th were submitted to the Commission and the following ,ction taken~ , ' Motion by COmmissionerLtitz,~e'condedby 'Comzirl;ssionerLanikiii, that the request of Mr., & Mrs. Marcellus A. Beitler" 4223 Lehigh, to alt'er a one-car garage' for storage atidhobby room,be ap~roved" subject 'to certain' restrictionsahd.execu~ tion of an:affidavit that the !stru'cture will 'not contain any kitchen ()rs~nitary facilities and will not be-us~d as living quarters or for any commercial purpose, , as reconnnended'by -the' Zoning lplaUliing BOard. Voting Aye: Voting No: Mayor Brown, C~mmissioners Halbert, LaIDkin and Lutz. No.ne." r The request of J. J. Mathis" Jr., 6636'Sewanee~ was read, 'requesting permission to subdivi:de Lot3;':S-10ck24,Weg,tUniversity Place First Addition into't'wb 50-X 150' lots. r:nasmueh'asthe' <southvfali of an existing two car frame >garage nas been construct:edwithiri>.2' feet of iyhe proposed new property lirie,. the 3' setback 'X'e - quirements could not be compl~ed with, and Mr.Mathi~ wIthdrew his request." The City Manager Was 'instru~tE$d to advise Mr. Mathis ,to ';r:e-submit his pequest to the Zoning'Board and rearr~nge his plans so that the setback requirements' , " I would be' met .j J ~ 'I .., ~~, ~ ~,' '<'::r-- "1 ~ ,41'. Motion by Commissioner Lutz, seconded by Commissioner Halbert, that Mr. Lloyd B. Quinby, 5919 Fordham, be permitted to construct a 2 story garage on his premises, being Lot 5, Block 8, Preston Place Addition, for storage space and dark room and hobby shop, provided there be no kitchen facilities, commode I or wash basin installed in the structure and that Mr. Quinby execute, affidavit that the structure will not be used as living quarters or for any commercial purpose~ Voting Aye: Voting No: Mayor Brown, Commissioners Halbert, Lamkin and Lutz. None. Mayor Brown presented the question of progress wBde on the Community Building project. It was stated that Mr. Wes Kuenemann, Chairman of Community Building Committee proposes to meet with County Commissioner Kyle Chapman regarding the county's attitude toward expansion of library facilities. ':''''''\ f.~.~ ~ C "J" Cr) r""'~ .~" p.}.:i.' ~~ City Manager Whitt Johnson presented an invoice from Corrosion Rectifying Company for installation of rectifier cathodic protection systems to the interior of the Wakeforest and Bellaire Blvd. elevated water storage reservoirs. The City Manager stated this had been referred to the Corrosion Prevention Board and the members had inspected the installations and advised the systems were properly installed. Motion by Commissioner Halbert, seconded by Commissioner Lutz, that invoice in the amount of $1814.00 to Corrosion Rectifying Company for installation of cathodic protection systems to Wakeforest and Bellaire Blvd. elevated water storage reser- voirs, be approved for payment. Voting Aye: Voting No: Mayor Brown, Commissioners Halbert, Lamkin and Lutz. None. The City Manager announced that W. F. Spencer, Treasurer and Tax Assessor-Collector, had tendered his resignation, effective October 15, 1959. Motion by Commissioner Lamkin, seconded by Commissioner Halbert, that the resigna- tion ofW. F. Spencer as City Treasurer-Tax Assessor & Collector, be accepted with regrets, effective October 15, 1959. Voting Aye: Voting No: Mayor Brown, Commissioners Halbert, Lamkin and Lutz. None. The delinquest account of Sparkle Car Wash in the sum of $1200 was brought to the attention of the Commission. Mayor Brown stated he had been advised of a creditors' meeting on October 28, 1959" for the purpose of working out something in regard to all of the outstanding debt owed by rtt. Robert Shadle, operator of Sparkle Car Wash. City Manager Whitt Johnson reported that funds in the amount of $68,358 had been placed in 91 day Treasury Bills, with a yield of 4.006%. A preliminary report regarding progress of backdoor garb~ge pickup service was presented by the City Manager, who stated trial period had ended in an area in - volving 347 homes and that citizens had cooperated with the trial service and had received it enthusiastically. Commissioner Lamkin suggested trial experiment in another part of West University using more homes as it has been determined that the Garbage Department could ser - L~ -"I"~~-~~~'O'~'7""-'C"~i"~' [ - n_~_': I :=:r 4$- vice more'homes than they are at present. Commissioner Lamkin went with the City Manager on,one of the backdoor pickup routes and was qui:te impressed. The cont!'~st between the streets where the backdoor. ,garbage pickup service was in', ef.fectagainst 'streets where the cans are still in evidence was out - standing. ' Various methods of adVising the public of the advantages of backdoorgarbage pickup were discussed. ' Mayor Brown suggested use of visua~ aid and public meeting with Garden::CluDs, arid, other groups. ' City ~ttorney Charles Cockrell stated the City C~mmission should ,satisfy them- selves, that method bf'ba.ckdoor garbage service is to the public interest for the promotion of"healtb. and: welfare and ,is a decided advantage OVer the present system,:and if suchc5ncnusion were ,reached,' that, an ordinance regulating the subject shoi11dbe pass€d instead. 'of letting citizens voice their opinions as,' only negative opinions ~ould be heard: in a matter of this kind. 'The City Manager 'brought: up the;: subject , of the status of expenditures" on the patrol car,cbllision"ofJuly 31:,1959, with the remark that;Paul Gibault was presented with.a'4$?spitalbil~ totalling nearly $1;000.00 as of this date. The City Manager was-':~n,structed 'to keep the City Commission advised concerning further developments of this matter. Minutes'of the meeting ,of September' 28th were read and ,corrected. With no further business before the Cotmllission, upon ,motion duly made, seconded and carried, the meeting was adjourned. Um. versity Blace,~ x as ATTEST: - T J o r--. !J 49 REGULAR MEETING OF CITY co~~rrSSION MOIIDAY, OCTOBER 26, 1959 The City Commission convened in regular session at the City Hall Monday, October 26, 195)~ 7:30 P.M., with the following members ,present: Mayor Brmm, presiding; Commissioners Davis, Halbert, Lamkin and Lutz. The City Manager and City Attor- ney were also present. The Invocation was pronounced by Commissioner Davis. ...,.~ ~~ A letter signed by Earl F. Walborg, Chairman, Board of Management of the Y .M. C .A. and Paul W.Jury, Executive Secretary, was read by the Commission. Permission was requested to construct a 25 x 75 ft. swimming pool on the property of the YMCA located at 4210 Bellaire Blvd. Plans of the proposed pool were presented to the Commission by Mr. Jury, who explained that a generous gift had been made to the YMCA for this purpose by the Capon Chari ties, Inc. Besides Mr. Walborg and Mr. Jury, Messrs. Harry Montgomery, First Vice Chairman; Pete Garrison,member of the Board of Management; and Kelly Gaffney;. YMCA member, were also present rep - resenting the Y.M.C.A. It was brought out that the Board of Management agreed in 1953 at the time they asked for amendment to the zoning ordinance to permit erec- tion of the Y.M.C.A. building to withhold construction of a swimming pool for a period of ten years. Mayor Brmm stated he 'VTould like to consult w;ith former members of the City Commission who were in' office at the time the property was rezoned for use by the Y.M.C.A. 1:..;') (:) ':~... (=) (:r;; S. W. Garrison, 3772 Plumb, a resident of West University Place since February, 1941, made the following statement in connection with the Southwest Branch Y.M.C.A. proposed swimming pool: " Those of us who have been connected with the Southvlest Branch Y.M.C.A. through - out the years know what a struggle it has been each year to raise the nece~sary funds to carry out the "y" program. This Southvlest Branch began operations in 1948 witb an annual budget of $12,300.00, $7500 of which ,.fas supplied by the Communi ty Chest. From that modest beginning the Southvlest "Y" now has a fine plant situated on a 5-acre site in the southwest part of West University Pla~~. Naturally with the growth of program and f~cilities the annual budget has also' increased (1959 - $80~ooO). To date the Branch has not operated a single ye~r without a deficit. It is hoped the current year will be the first. The success and growth of the Southwest "y" and its program could never have been accomplished without the continued support and cooperation given by the of- ficials and citizens of West University Place. The City made a major contribution to the Southwest "Y" when it re-zoned the present 5.0-acre plant site in 1953. This of course meant no more tax income from this property. Most.of us heretonight are aware of the fact that the Y.M.C.A. , Board of Management at that time agreed to delay construction of: a svlimming pool for a period of ten years. The present Southwest Y.M.C.A. Board of Management now comes to the City of West University Place with another request. As you know about ten days ago the Bill1iiilliams Charities group offered $19,300 to our Southvlest "y" for the specific purpose of building a sVlimming pooL This gift vTaS extended to the Metropolitan Y .M.C .A. Board of Management which 'is the holding company for all Harris County Y.M.C. A. property. After careful consider- ation, the men serving on that Board did what they felt had to be done--they accepted the gift and then came to the Southwest Branch Committee of Management and gave us all the facts about the proposition. '-~',C'~~"-,--~O"--T~"::I"--'---:-=T""-""-----~~~--~-'--":--~ _-----..J- 5(r The Metropolitan Board Members and the SouthweS1;'Branch Board Members 'were a-, ware of the promise to delay construction of a swimming pool for ten years but everyone involved felt that the only solutio)1 was to accept the gift (which otherwise might be plac,ed' el,sewhere) and come tOWestUniv, ersity Place City', Oouncil to ask that the last three years of the' ten year wa.iting -period be "',','J' forgiven. Our petitionito the West University Place City Council at this time is that the Southwest Branch be allowed to carry through its acceptance oi.this'switiiming'pool gift. We believe tftis course of action will be of the greatest benefit to the youth of this Southwe~t 'area of Greater Hotist'onwhich includes .our City of: west University place." ' ' A tabulation of bids rece~vedf'or delivery of fire hose and other equipment'f'or , theF~re Department was submitted for consideration with the following recommen- dation: " ' , ,,', ' " ,,',' ',': ' '!t is my recciUltl1Eindation that the bids subnlittedbythe 'Bi-L8:teralFire Hose 'Company , on all of' the items' be accepted. Desdlt-iption,Brand,unit & Total Pricesf611ow:.' "ITEM 'f", ' '"BRA:ND UNIT PRICE TOTAL -PRICE 200' ,'l:!if)'ire'JIose, DaCronF.i1:&er':Cord,rD~f:i.'ance-D.J.(White) $ 1 -l'.ocf:p~i;.r~~po~oO' 400" 2~" ," II' II lJ," 'l, ,," II ll' ", 1.49 II 596.00 I lih Tap and Die Set Akron Brass Style 90 108.00 ., ' 108.00 Finish Cut ~> 1 1 2tn, 21..11 ',' 21.11 ' 2. .. . o. II II II II ll, .' II II' II II li4.76 :' 59 .92 ' 60.00 114.76 ,.59 .92 , ,60.00 'J " $1, 1~8. 68,\ purcpase ' Hose Expander Cooper Hose ,Jacket Akron Brass.Styte 86 : :!!:l"khart-Aluminum Alloy f' . . M6tion.p'Y Co~issi6ner Haipe'rt,secoP.ded:.by CQmmi~H3ionerLamkin, that the bid of Bi-Late:r:alFire Hose Company be accepted as recommended and a orde:r:i;3 sued. . .':.~~. "-I. ,..... Voting Aye: Voting No:' ~yor Brown, 'Com.missioner!3 D!3,vis, :g~l:O'ert, Lamkin and Lut:i. " None. ' , '. . '. .".. . .' - . We'sley Kuenemann, 'Chairman of the community HOtU3,e Committee, submitted Ii verbal repo:r::t;fr.omtheComm.-itteestating that they:r~commended that the Co~ssion pro- cee~with a program of' recreation for the,c'it'y, by first extendingthe'library facilities., The CommissionexeendeCl:~-1?prec~a:t.:t?n tb~h~'Comm~ttee for the: yqr~ , < they had done and for the reconnnendatJ.on. '1!hey assured Mr ~ Kuenemann they would exert every effort tQg~tapr~gra~st~ted. ' . >O:r:d~nance No. 767;; captioned a~.'i61iows',,:Vi;~S :suQmittedt"~ the CommiSsio!l,8.Q,d ;efid in full:' ' "",', , . AN ORDINANCE OF, THE ,. CITY :COMMISSI9N, O]'TH.E CITY 'OFWES~ ~IVERSITY ,PLACE, ': TEXAS, TAKING 'NGTE OF THE PASSAGE 'BY TIlE CITY COUNCIL OF TEE CrrYOFHOUSTON OF AN ORD!WlliG:{!: IEVYING ASSESSMEl\lTSAGAIN~T. ~ UlmING PROPE$TY AND THE OWNEES TIlEREOF.ABurrrNG UPON BISSOmTAVENUE (A'STREETINTHE CITY OF ,HOUSTON ~ TEXAS) FROM 'THE WEST PRQPl!$TY,:.-LI1'1E bFWMEFOREST S~T 'l'OTHE,WEST ' ,PROPERTY ,LJlilE 'OF '~Yi'DRJ;VE; . 'REc1T~,TEE, FACT TEAT. SAIl) ORDINANCE, AMONG OTHER THINGS,,:LJ5VIEDAS$EssMiNTsAG~~S~ cERT~IN PRb~TY :iN THE CrrYOF !,,:,J . WEST UNWERSITYPLAC:mTOPAYPJ\RT OF r,JmE coST ot,IMPROVING BISSO~ $\.Vli!,':' Nl]E' 'BETWEEN THE iiMITs AFORESA::tD; n:$CLARINGTHE IN:[1ENTION OFTHE'Ct,']:Y', COMMISSION OF THE CITY OF WEST UNDiif:Rsm PLACE TO CONS:LDER T,HE PROPRIETY - T ~, -r', , ': " r r" 1~-' '-.--..--------:1 51 OF RATIFY:q:JG AND APPROVTNG SAID ASSESSMENTS; ORDERING THAT A HEARING BE HELD UPON :MATI'ERS RELATED THE..RETO; AND FIXING THE TIIvJE AND PLACE OF SUCH HEARING. [-'1 Motion by Commissioner Davis, seconded by Commissioner Lamkin, that Ordinance No. 'L,l 767, taking note of the passage by the City of Houston of an ordinance levying as- sessments against the abutting property and owners on B~ssonnet Avenue between Wakeforest street and Kir'by Drive; declaring the intention of the City Commission of West University Place to ratify' and approve said assessments; ordering that a public hearing be held; and fixing the time and place of such hearing, be passed and approved as read. .,' Voting Aye: , Voting No: Mayor BrovTn, Commissioners Davis,Halbert, Lamkin and Lutz. None. Resolution 59-13, as follows, was presented to tbe Commission for consideration and read in full: ' WHEREAS, the City of West University Place, cu~rently has capital available in the Tax Collector Fund which will not be required for current operating ex - penses; and WHEREAS, it is deemed to be to the best~interest of the City that such funds be invested in order to earn additional revenue in the form of interest for the op- eration of the City; and \mEREAS, 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: NOW, THEREFORE, 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 $35,000.00 from the Tax Collector Fund, with the Federal Reserve Bank, in 91 day Treasury Bills at the current, interest rate available. Motion ~y Commissioner Lutz, seconded by Commissioner Davis, that Resolution No. 59-13 directing the City Treasurer to invest $35,000.00 from the Tax Collector Fund, with the Federal Reserve Bank in 91 day Treasury Bills at the current inter- est rate available, be passed and approved as read. Voting Aye: Voting No: Mayor Brown, ,Com.rnissioners Davis, Halbert, Lamkin and Lutz. None. Minutes of the meeting of October 12, 1959, were read and approved as corrected. With no further business to come duly made,seconded and carried, time, upon motion ATTEST: ( ! ! ~' -.., r'O" e,q'~C"~'Cco'~"!~-'-r" I"~"~ C' e". -~~'l II 52, REG~ MF!Il:TINGOF,CITY, COMMISSION, MONDAY, NOVEMBER 9, 1959 The City COnmUssion 'convened in regular session at the City, Hall on Monday,' November 9.1 1959, with the 'fQllowingJUemberspresent: Mayor Brown, presiding; Commissioners Davis, Halbert, Lamkin and Lu.tz. The cityMl:imiger and City Att6rriey , were also present.' , , ' , , The Invocation was pronounced by Commissioner ,Halbert,> 0, , I ' " . '. - ThreeSenio~Giri Sco~ts from Troop 119 visited the Commission meeting. girls wereJan Davis, Linda Richards and Jackie McClain. . In compliance with actiont'aken by the City cotimiissionon octob~r 26, 195.9; and, Legal Notice published in the official newspaper for the city on October "88,29;' and 30, Mayor Brown,annou:ncedthat a public hearing was in order to consider rati- ficationand approval of "assessments levied against property lying within the, . . . . " ~ '. . . . .' limits of the City of West University and abutting Bissonnett from Wakeforestto It:hbyDrive. The ~ i . . . . . . . . . ,Mayor Brown asked that each person ptes.erit who wished to gJ..ve testimony or to be .' heard, to stand and be svtorn~ ,Th6se~~:tng sworn by Mayor Brown were City Manager Whitt Johnson andM;r. George, 'Ba:Ldw,in :Qf~he City of HoustQ:nEngineering Dep~t '-, ' ment. In answer to quest,ions:)JY ~tt()rtiey,cockr~ll,CitY:M8.nager Whitt Johnson testified that Notices badb~enpUblished in theofficia~ newspaper o~ the city on October28~ 29 and 30"a.nnouncing ,the public hearing and the City Commission's intention ~ocon:t:~r::inandratifythe,pavJ1hgas.s~ssme_ntsapprovedby the eitYcof Houston. " Mi';'(}ockrell requ.este.d,Mr~;,'~etl<;!e Cook, Jr., Attorney for '''the CitY-Of' , Houston,too~:t~:il1e qand.sunima.rize'the'pJ:..6~eedings taken by the City Cquncil 'of, ',', ' Houston with respect to paving of Bissonnet street. Mr., Cook explained the le- 0 gali ty of paving afilsessment.s w~~re tWQ- ~,ci ties are, effected wi tha common bou~dary , ' and stated that the C1ty~f'Houstonhad,'institutedproceedirigs~and had. made El.Sse.ss- ment.s against ,all p;ropert'y owners on both sides of Bissonnet street betwe.et).' Wakeforest~~(i:L{:i,rpy Drive and ',~ci request,edthe city of West University to 'con- , _ '. ..l. .l>. ~, .",..... ..".. ....<.. '. . .n ~ . '.o... . , . . '. firm and ratify the paving 'l;issessments made' against proper,ty owners on the south ,,' side of the street wherethe'propertYis;withinthecity litnits ofWest~Uhiversity Place. ' Mr. Cook also stated~hat,a:~ordinal;J,cepassed l:Jythe City Council Of the ' City of Houston on September 23;,:t959,'leviedassessme-p.ts against ,property on Bissoonet 'betweenWa'k;eforest, ariC!- :Kirby .Drive in'the amou,nt ,,'of $16.21' per' front' foot including, curb> ' ' , ',' , Mr. George Baldwip t~stifi€idto thetj.p~ of the' pa~ement 'to be construc-e~d' and ", ' ,,' gave a general outline of,' the'plans and. specifications. He 'expiairied there would' be two road,ways of'24 ft.-each: with, an esplanade approxitnateJ,.y 12 ft. in width. .. <_I... ." , ~ .' .... .: . , . \ .. . ", With no other persons, present deSiring to give testimony or.be otherwiSe heard, and after discuss10nbY,the City Cbmni1ssion, theHf<?llowing~ction was taken: Motion by Commissioner, DaV'"is ,seconde,d' by, Connnissioner Halbert, that the public, hearingca1.1ed irrconnecti~m-:with~'!'1e'pr6posed, improvement pf Bissonriet Avenue from the West property line.'of Wakeforest to the West property line of Kirby Drive he closed~ Voting Aye: Voting No: Mayor Brown, Commissioners Davis, Halbert,' Lamkin and Lutz. None .' o .... ~~ I .," .~.~~- -= =,.=~ L':i o ~ (,) r.:;::; 0: 53 Ordinance No. 768, ~aptioned as follows, was submitted to the Commission and read ,in full: AN ORDINANCE OF THE CITY COMIvIISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, FINDING AND DETEIDflINING THAT IN THE MATTER OF THE PERMAr-lENT IMPROVEMEJ\1T OF BISSOI'lliET AVENUE FROM THE 'V-1EST PROPERTY LINE OF WAKEFOREST TO TIJE 'V-1EST PROPERTY LIJ\1E OF KIRBY DRIVE CERTAIN THINGS HAVE BEEN DONE AND CERTAIN EVENTS HAVE TRANSPIRED, INC - LUDING TEE LEVYING BY THE CITY OF HOUSTON OF ASSESSMEJ:.lTS OF PART OF THE COST OF SUCHn1PROVEME!llT AGAINST ABUTTING PROPERTY LYING ON THE SOUTH SIDE OF SAID PORTION OF BISSONNET AVENUE, 'V-iHICH A - BUTTING PROPERTY IS 'UTHDT THE LIMITS OF THE CITY OF WEST UNIVERSITY PLACE; RATIFYING AND APPROVING- SUCH ASSESmIJENT; AND DIRECTING THAT A CERTIFIED COPY OF THIS ORDINANCE BE DELIVERED TO THE CITY OF HOUSTON AS ITS EVIDENCE OF SUCH RATIFICATION AND APPROVAL. Motion by Commissioner Lamkin, seconded by Commissioner Halbert, that Ordinance No. 768, ratifying and approving assessments of $16.21 per front foot levied by the City of Houston against property abutting Bissonnet from the west property line of Wakeforest to the west property line of Kirby Drive be passed and approved as read. Voting Aye: Voting No: Mayor Brown, Commissioners Davis, Halbert, Lamkin and Lutz. None. The City Commission again considered the re~uest of the Southwest Branch of the Y.M.C.A. for permission to construct a swimming pool, and the following statement was read by Mayor Brm.Jn: fI The City CommiSSion, after due consideration and deliberation, has decided that it would approve the' issuance of a building permit to t'le Soutl'n.Jest Branch of the Y.M.C.A. to build a 25' x 75' swimming pool on their property located at 4210 Bellaire Blvd. This action has been taken although it appeared that when the re- quest to rezone the site of the YMCA building about 7 years ago was granted, one of the considerations was that the "yfI would not consider building a swimming pool on the site for at least 10 years. In view of the fact that only about 20% of the present boy building members of the "yfI are residents of' West University Place it is entirely probably that the city's swimming pool revenues will not be materially adversely af'fected by the building of' a swimming pool by the "yn at this time since it is expected that the resulting hoped for increase in YMCA members-nip Ivillcome from areas outside of West Unive~sity Place whose residents are not permitted to use the city's swim- ming pool except as guests of West University Place residents. At this time t';e City Commission 'would like to place on record its request to the YMCA tp~t it proceed with all possibly dispatch to enclose the pool either struc- turallyor by means of a sight-proof wall with a minimum height of 8'. It is felt that by so doing the pool can be utilized for a greater period of time during the year, particularly if the input piping to the pool is carried through the building's heating equipment so that the water can be warmed. A sight-proof vrall would act as a wind break so t~lat the pool could be used on sunny days during the late fall, early spring and even vTinter. In, addition such a lvall would minimize any possible objection from residential neighbors to the existance of the pool not only by eli- minating pool users being seen but would help minimize any noise factor which might be incidental to the use of the pool. 'fill: ' ~,~. It is to be understobd that the ~bove are recommendations and requests by the West University Place City CoIDm1ssion to the Board of the Y.M.C.A. and are not to be construed as being conditions of the building permit. 11 Motion by Commi'ssionerHalbert,' seconded by Commissioner Lutz; that the ,pouth'we'st ;J',"- Y ~M.C .A. be granted permissi.on'to construct ;a25 x: 75 ft. swimming poololi their property at 4210 Be lle. ire Blvd.; and,that the reconiinendatioli contained 'in the; statement be followed as riear as l?:r'acticabJ.:e." Voting Aye: Voting No: , Mayor Brown, ConimissionerSDavis, Halb.ert, 'Lamkin and Lutz. None. Resolution 59-14j(as follows, w8:s'presentedtothe Connnission for consideration and read in full: WHEBEAS, the City of West University Place, currently has cash a.vailable in the Water Fund which will not be required for current operating expenses; and WHEREAS,the:cpresent bankbalarice, the averagJmonthly income and expenditures of this Fund,as anticipated until maturity of' this inve,stmentwill preclude:a furtd ,deficit: ' NOW, ,TEEREFORE,'-:BE' IT RESO~VED BY TEE CITY COMMISSION OF THE CITY OF, WEST UNt- VERSITY PLACE, TEXAS, that the City Treasurer is hereby directed to invest funds amounting to $55,15~.00 from the Water Fund, with the Federa~Reserve Bank, in 91 day Trea.suryBills 'atthecurrelit' imterestrate avai.lable. . . -. . . . . .. . . . . .. Motion by Commissioner Davis, seconded by Commissioner La~in, that Resolution 59-14 directing investment of $55,150, f'rom the Water Fund in 91 'day Treasury Bills, be passed and approvedasread~' ' Voting, Aye:, Voting No: ' Mayo!' Brown, Commissioners Davis; Halbert, Lanikin and Lutz . None. J Resolution'59-'15, ,asfollows,,:vras presented to the Commission for consideration and read in full: WBEBEAS,the City of'West UniversitY-Place, currently has cash available in the ' Tax Collector Fund":which will not 'bereqtiired ,forcur:r-ent opera:.ting,exp~nses; and WHEREAS;, the present balance; the average monthly income and expenditures of this Fund as anticipated until mat~ity of this ilives,tment will preclude af'und, deficit: ',,., 0 NOW, THEREFORE, BE, IT 'RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY, 'PLACE,TEXAS, that, the ',City Treasu.rer is, hereby directed to invest flundsamountingto$50,OOo~OO'from the'!'ax'Colleetor Fund, with the Federal Reserve Bank,' in 91,dayTreasuryi31'llS 'at ..the current interest rate available ~ ' , Motion by Commissioner Davis,'secondedby Commissioner Lutz, that Resolution, 59-15direct1'rig ,'1'nves:tmentof$50,.OOO~OO from the 'Tax Collector Fund in 91 day Treasury :81'118, bi'~ passed and'approved,asread. ' Voting,Aye: Voting No: -Mayor Bro~, CommissionersDavis,Halbert, Lamkin and Lutz. ','None.. . ; .J ., - "-=-=-==-~~I r- ~T- I 55 r-- I ; LJ \,., City Manager Whitt Johnson advised the Commission that emergency repairs to a 200 HP electric motor operating the pump on Water Well No.5, had been made at a cost of $700.00. He explained that the motor was burned as a re- sult of a failure in the wiring insulation and it was very important that action be taken immediately to get the motor repaired and back in service as soon'as possible. Quotations were received from three firms and after con - ferring,witll,pgmmissioner Davis, action ioTas taken by the CitY"Manager to have the repairs made by the Houston Armature Company. !........ Resolution 59-16 was submitted for consideration and read in full. Motion by Commissioner Lutz, seconded by Commissioner Halbert,that Resolution 59-16, approving action taken by the City Manager to have repairs made by the Houston Armature Company on the 200 HPelectric motor operating the pump on Water Well No.5, for the sum of:$700.00, be passed and approved as read. Voting Aye: Voting No: Mayor Brown, Connnissioners Davis, Halbert, Lamkin and Lutz. None. Ordinance No. 769, captioned as follows, was submitted to the Commission and read in full: J AN ORDINANCE FINDING AND DETERMINING THAT EACH AND ALL OF THE PRO - CEEDINGS HAVE BEEN HAD AND ALL. THINGS DONE !mEREQUISITE TO THE HOLD~G OF A PUBLIC HEARING TO CQNSIDER THE AMENDING OF ZONING ORDINANCE NO. 111 OF THE CITY OF 'WEST UNIVERSITY PLACE, TEXAS, SO AS TO PERMIT THE SUBDIVISION OF LOT 6, BLOCK 45, WEST UNIVERSITY PLACE SECOND ADDITION INTO TWO LOTS 50 x 150 FEET EACH; FINDING THAT A ,PUBLIC HEARING FOR ' THE PURPOSE OF CONSIDERING AN AMENDMENT TO ORDINANCE NO.lll HAS BEEN DULY AND LEGALLY HELD; APPROVING AND ADOPl'ING THE REPORTEDRECOMMENDA- ,TION OF THE ZONING AND PLANNING BOARD THAT ORDINANCE, NO.lll BE AMENDED SO AS TO PERMIT SAID SUBDIVISIQN; FnID THAT ORDINANCE NO.lll QF THE " CITY OF WEST UNIVERSITY PLA,CE SHOULD BE AMENDED SO AS TO PERMIT SUCH SUBDIVISION; AMENDING ORDINANCE NO.lll PERMITTING SUCH SUBDIVISION; AND PROVIDING AN EFFECTIVE DATE . Motion by Commissioner Davis, seconded by Commissioner Halbert, 'that Ordinance NO.769, amending Ordinance No. Ill, to permit subdivision of Lot 6, Block 45, West University Place Second Addition, into two lots 50 x 150 feet each, be passed and approved as read. Voting Aye: Voting No: Mayor Brown,' Connnissioners Davis, Halbert, Lamkin and Lutz. None. Commissioner Davis stated that he and City Manager Whitt Johnson had attended a creditor's meeting of all those involved in the indebtedness of the Sparkle Car, Wash Company and it vTaS agreed that efforts should be made by one of the creditors to sell: the' business and that, a ten day extension period be granted before action is taken by creditors to foreclose their interest. The meeting W'aS held in the office of Attorney Joe Damiano, representing Mr. Robert Shadle, operator of the Car Wash, on the date of November 4th. It was agreed that the C:i.ty Commission would be advised of future developments. i '--, 56 ~ ". , .' Connnissioner Lamkin advised', that a ,cQnfererlCe had been held 'wi th' Mrs., Mary A. ,Butler, Coun~y Librarian, concerriingthe count~ts :f!1.hati'cial particip8:tiQn in the operation of the library in WeSiiijniversi1:;y P~ace allddesirable feature,s to be incorporate~ :in' the '@I'pposed Cotmnun1tyHouse:':woje'ct"wh:i.'ch ,wo'!lldin -, c1.ud~ library f'ac:p,ities. 'cbnunissione-rl.amkin 'also ~ugge,~ted: 'that the_city Connnission visit ,similar 'Projects fnlihe Houston-an.d'adja:cent'~areasto :in,'...;' . . . " ~ . . '. . . . . . sp~ct and,ob,s~~y~:-thefUtictic)us'Of 'ot~~r 'b1iildi~s toobtaini<ieas. " ' . .' . -' , , [l '< ~ .' . Cllarges, for genert:tl adm'issionand s,easc)U',ti.ckets for the 1960>season at, the swimmingpoo'l were discuf3sed and the ~ollowing a~til;:)Utaken:, Motion by Commissi,onek, La~in, seconded by Cemmissioner Ha,.lbert" tha't"'pttces for the, 1960seasqn tickets remain-at -:I)l'O'~OO:':for asitlgleti~ket,'4n4..ooper familY'0f""twoparticipating members,$16~oo per family'of threepart1-ci1?ating members an<:l,:$18.o0 'per":f'a-tnily of, four ()r,more participat'i,ng'jnembers; ',iirices , 'forgenerai'a.dn:dssionbeihcreased 'from 25~to 35S6 f6r,ohildren 15 years and " . 'under ano. from 50~ ,to -65rfi forallpersonl?' over 15 years of age; 'alsb that the plan for selling seasoti-ticketElon an :Lnst,allment',basis: by adding eqlialaniounts " ,to water"""01:l:1s for a period of four montl1sbe a'l'proved~ ; :'- voting Aye: Voting No:' Mayor' BroWn; Commiss iotie~s' 'Davls~ Ha).bert ,U_j,tL and , L~tz. ~M. . ' Minutes of t~e tneetingOf October2~;, 'i959, yere pas-sed ati.d{'RpPf;'{il(ecl as' corre.eted.---'-':- "L , , . With no :ft!,rther buSin,ess to ~ome,b,eforeth~dommi$s~on'at thi~:time; iJ;poh'iliotion duly ,mad.e, ,seco:nded,an,a'carried, ~he me,eting was.adjourned.,,-,"",',' ,: ' . . '." .". . ," " . ~. 0{ : :'l '.1f - o . ~ ~ ,',.... ~ ", ~ < ~. . . , , i ; . .. ~...:~, ': " ATr;rEST: ",~.' ;.... .', .t~. ,,:; . ,t.~ -~.... ~. .." .i', '\ ~ . , " ',~)~; . .... ~ i-..... " . .)" o I'~""'~'---' "~:-'~T ~'~'l r 5' 7'" -..... REGULAR MEETING OF CITY COMMISSION MO]I.J"DAY, NOVEMBER 23,1959 The City Commis~ion convened in regular session at the City Hall Monday, November 23, 1959,7:30 P.M., with the follovring members present: Mayor Brown, presiding; Comrriissioners':'Davis, Halbert, Lamkin and Lutz. The City Manager and City Attorney were also present. The Invocation was pronounced by Commissioner Lamkin. t;:: r"', --......... City Manager Whitt Johnson advised the Commission that an invoice had been re- ceived from Britain Electric Company in the amount of $1,118.51 for labor and materials in connection with their replacing an auto-transformer and coil at the Wakef:orest Water Plant. Mr. Johnson stated that the automatic transformer had shorted and burned beyond use, and Britain Electric Company was called to determine what ivould be necessary to get the plant back in operation, and to advise with the Water Superintendent, W. T. Henderson, Jr. Mr. Henderson was not given an estimate of the work to be involved and was not told that a com- plete new transformer was going to be installed. He further did not sign a work order nor was he advised that the vTOrk was being done in order that he could have the installation checked upon completion; ~~. Henderson had written a letter to Britain Electric Company, expressing his disappointment at the way the work was handled and advising them that he could not honor invoices in ex- cess of $500.00 as all purchases exceeding this amount must be approved by the City Commission. '".: .v.,,,, "J.... U c:.;c c.c Mr. Johnson stated that he and Commissioner Davis had checked with other firms on an estimate of charges for a new transformer and labor as performed by Britain Electric Company, and in their opinion the charge was in line;however, they were not in accord with Britain ElectriclCompany's performance of the work without a work order and it was their opinion that there should b~ an inspection made by a qualified person of the timing and back-up relay in an attempt to avoid a re-occurrence of th~ damage to the transformer. :, Mr. Johnson stated that Britain Electric Comp~ny was aware of the city's policy and they had, previously follovred the correct procedure; however, the person who usually handled the city's work was on vacatiqn and not available at the time. After the matter was thoroughly discussed, the follOWing action was taken: Motion by Commissioner Lutz, seconded by Commissioner Halbert, that the in - voice from Britain Electric Company in the amount of $1~118.51for auto- transformer unit, coil and labor for installation of same, be approved for payment after verification that the timing and back-up relay is working satis- factorily; also that a letter be written to Britain Electric Company, stating that the city's policy is to be followed at all times in performing work done by a work order only. Voting Aye: Voting No: Mayor Brovm, Commissioners Davis, Halbert, Lamkin and Lutz. None. The Commission was advised that Mr. William Di ttert ,Jr. had been interview'ed for the position of City Treasurer, Tax Assessor-Collector, by the City Manager, Mayor and Commissioner Lamkin. They were all impressed with his ~ualifica - tions and personality and recommended that he be employed for this position which has been vacant since the resignation of Mr. William Spencer, effec - tive October 15, 1959. r'~~'~==~~'i1 r'~ ,.'~'~"mT r-- t:'I;''''\ ~CJ....:J 1 "' n , Votitig Aye: 'MB.yo-r:Brownj cdtiiinissioners Darts', n1Llbert, Lamkin and Lu.tz~ Voting No: N~ne. ' ..' , Resolution 59-17, as ~911ow~;.waspreseritedtotheCommission for consideration and read in full: ,,> 'W1tERE.i\&, -the cit'-yof West: university Place cUrrentlY ,has cash '~va;ilable in the Tax OOllector, Fund in the :amOUri~ ,'of' $50,;OQO.OO~representing:'1959~ 'tax c'blleetions that canndtbe;:usec{ct"oI" cUrrent operating: expenses Within the present fiscal year;:~nd':: ' " . ' " " .... ..... , , ", '~it ci13' ,t-hEfob:tee~~ve'of" the oity,comnuss:Lonto.keep aU:;"o:l!;'-the , ,,', . - " " ' " , citytsinon~y: ':lrhf.ested 'to earrilriterest :as' additionalincbm.e-and'it ''fff'neces- 'ia.ry:a.lia'~iia~rit'~t:o' authorize ih"'~stm.ent, of certain sums efmeney tnat~iil becdT;I~tiedby,a giveridate': inorder':te carry out said itI\re~:me~t~bl~ci: ..... ." , '. . .N~~ ~ORE,BE fT ~OL~ BY THE ,CITY COMMISSION OF THE CJ;'l'Y OF' , WEsT:~Sm,' PLAcE - TE:XAS~, that,.the City: Treasurer ,'is<hereby' directed".'to iilves't'..',:tUnds'airnountrin;;::to $5o;ooo.eO:;'of'";-nhe Tax Collecter' Fund, repre'senting , '1959 ,:t'ax colleeti-ens'; 'WitH the' F~d:eral Hes4rV'e Bank,. ,in' 91 'day' Treasury' Bills at tliee1Jirrent-'~!ntere.st;ratt=b"aV'ai:lB.ble .'aitd ''then to: 'invest' :t'n ,the same \1r!ariner .- inadditiena1"91 dAjd1trea,sUrY"}BiITEf the"sum'of$50,OOO~OOin':amoun-esrof;' , , :' i$25;OOO.~OO 'fr:Gm _~nt'i:c:i;pate'd" co'11eet16ns that ,"willbe 'remHvea, betweencnew and December 14,1.959. . '"C,', "-',':", ' "'~<:.,:'~, '.. ',' 'Moii:'~ri:: by':'Ce1iim.i&Si6be~:DaV::i:s~f'~eco1id:'edby Gemmissioner Lamkin, 'that ':Reso.lutien ' "59-17,';"d'il'-eet:~i1g' tll.e ;1(J:tey~ea$ur&r'::to :Lnve'st 'funds amounting ;t() $50..:-000 of the . i 'Tax;C011.~iier'FUndi"'in,t'~1 daj:'Treasuty, Bil1:a at the ,current interes~-:rate avail- :ab'l-e,: arid' to "inves't iatt;atldlt'fena.1:*50;'OOO 'in. 'amounts Of'\'$2'5,000 frQm"iimticipated" collections to' be reeeived between now and December 14th; be passed and approved. "'~"':~o(.:. .....~_..~:~.-:.:-i'.;;.':~:..:.. .~ '-"~." . ,.' ..,."... ;J' : ',', Vetffig Aye:,' , ~i'~:BroWn;' "<1!~mmisSi:o~ers.D8.Vis', 'Halber,t,. Laliild'ii and Luti ~ "Voting'No:il\l'one. 0) '".,. ,;~ - ~.,.' :, .-;;, '" ' ' 1;"'. ..: . '" . ; ..' ~.~. : ': ':' ~ . , . . 'Minuteso:r':Zoning"~6ard:1n~~t~-:";~:;ht:lct:0n Novetilber12' 1959 'w~re1l\reserited for , . ~" " , ~, 'conside-ra;'b'ion':bY the :cotimiissiotl.,~t-ti':~$ 'nfijted-tMt ,no ac'ti'6nhei:d'bEtetl:-'taken on the request frem Mr. and' Mrs. J..:~~::'Ma.this.,6636 Sewa'iiee;,:f'Or pernrl:"ssion to ' subdivide their let into two 50 x 150 foot;lots, ~~, they desired the Building Inspector to' che'ck "the'~ propett:yto f'd=eter:nn:rii:{<the,tiiie~uat "li~eatidti of';tlle:,garage with ref'erence to the proposed sid~ propertyl:tne~' No aetfori was 'taken on a request verb,a+ly s~bmitted_b.Y Con~r.~c:te:, 0.,' P~Wendland,reppesentiDfb. Mr~, and ,.,' . '-I ! I U ~'..~ , .' , J J, "" t. ;:.~_ Tu ., --~ - -:~~T 1 59' ~~s.Walter F. Campbell,3008 Amherst, for permission to replace an existing 16 x 18 one-story garage with a new two-story stru~ture to include sleeping quarters for a maid, pending a written request from Mr. & Mrs. Campbell. Mr. and Mrs. Ralph T. Fleming were advised that their request for permission to add a room to the rear of an existing two-story garage at 6510 Wakeforest could not be approved. Motion by Commissioner Lamkin, seconded by Commissioner Davis, that action taken by the Zoning and Planning Board at their meeting on November 12,1959, be approved. Ii"'" ~~.~ ."J Voting Aye: Voting No: Mayor Brown, Commissioners Davis, Halbert, Lamkin and Lutz. None,. (:) ~:':t Ordinance No. 770, captioned as follows, was submitted to the Commission and read in full:- '() _.~~ L-.l...i (",""1 ~"""-... r'- AN ORDINANCE FINDING AND DETERMINING THAT EACH AND ALL OF THE PROCEED- DIGS HAVE BEEN HAD AND ALL THINGS PREREQUISITE TO THE HOLDING OF A PUBLIC HEARING TO CONSIPER THE AMENDI~~n' OF ZONING ORDINANCE NO.lll OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS SO AS TO PERMIT THE SUBDIVISION , OF LOT 2, BLOCK 34, COLLEGEVIEW FOURTH ADDITION AND TO :pERMIT AN EXCEP- TION TO THE SETBACK REQUIREMENT; FINDING THAT A PUBLIC HtARING, FOR TEE PURPOSE OF CONSIDERING- AN AMENDMENT TO ORDINANCE NO.lll HAS BEEN DULY AND LEGALLY HELD; APPROVING AND ADOPrING TEE REPORTED RECOMMENDATION OF THE ZONING AND PLANNING BOARD THAT ORDINANCE NO.lll BE AMENDED SO AS TO PERMIT SAID SUBDIVISION AND EXCEPrION TO THE SETBACK REQUIREMENT; FINDING THAT ORDINANCE NO.lll OF TEE CITY OF WEST UNIVERSITY PLACE SHOULD BE SO AMENDED; AMENDING ORDINANCE NO.lll PERMITTING SUCH SUBDIVISION; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Commissioner Halbert, seconded by Commissioner Lamkin, that Ordinance No. 770,permitting subdivision of Lot 2 to permit use of 30 feet of said lot in conjunction with Lot 3, Block 34, College View Fourth Addition, as a building site and also permitting the main improvements to be placed 25.5 feet from the front property line, be passed and approved as read. Voting Aye: Voting No: Mayor Brown, Commissioners Davis, Halbert, Lamkin and Lutz. None. Minutes of the meeting of November 9, 1.959, were read and approved as corrected. With no further business to come before the Commission at this time, upon motion duly ~de, seconded and carried, the meeting was adjourned. ATTEST: , est University Place, x a s " 60~ , ' REGULAR MEETING ,OF CITY COMMISSION: MONDAY, DECEMBER 14,' 1959 The City Cotnmission convened inreg-ular 'session at,theCity Hall, Monday,' 'December 14,1.959,7: 30 P~M., with 'the following members present: Mayor Brbwn, 0 presiding'; Collllriissionersnavis, 'lIalbert~ Lamkin and Lut'z '~TheCity Attorney and Cil>y'Mamger were also present. " . . r The Invocation was pronounced by Commissioner Lutz. ' ,Resolutit>n' 59-18,' ' as follows, . was" subttdtted.t6 the ,Connnission ,for considera- tibn and read1nfull':', ", " ,'or~,' ", " " , ' ' WHEREAS, the City of west University Place currently has cash available in the Tax Ceilect6r, ,Fund 'in the,amount'ot"$lUO;OOO.OOand 'in ' the Water Furid' $20,000.00 which will not be required fOr current bperating expenses immediate- ly; a)ld WHEREAS, it is the objective of the City Connnissi.on tokeep'all of the cityfs money invested .to earn interest as additional income and it is necessary " ~~;~u~~~~'~oaut1iori:z.~:, ~~v~'~tnie~t:',:~~:~e~rt~in~ sums'ot. money:, ", , ' "NOW'; ~omf BE: fT'RE'SOLV:mFBY:g: c':tTY'COMMISSIONOF~Bl!rd:i:TY OF WEST , 'tJ:Nt'Y'lmsm PLACE'/ rr'EXAS, ' ~ha:t ',..,he di~t-y Trea;sUrer': is 'hereby d;treeted~ to invest, " :f.unds " amB'iiii~ng, to '$JIQ6~,'b00~o6;Ft'~01iF the": Tax , Collector:',FUnd, and $20; 000.00 " , frdtJi'tilEfwat~r F.ooci) with:-'the"Fe~'ral;t{i1iserve:Bank ii'l.t82 day Treasury Bills , -'at' thi:i eurrent interest rate aiva.i1&btEi~:;" , ' ',- . :. ~..:... ."' --.,~ ( ;~..-., Motion byCotmIlissioner : Lutz,,' '.s'eeon:a.ii:~'d:'bYComnn.'ssfonerHa.lbert; ,that Resoiu.;. t:ron,,9...18, c'd.:Lr~c,t1rig:'the. ,:ei ty 'Tregi:turer~ to~inves:t;hnds 'amounting to $100,000" frolli)t.ne Ta5t:~eol1:e.e:toi';~iia;.and. '$'20;'00'0 J:"j:dtri;"the: water Fund,;" :with 'the Federal Res~t~eBafikP'fr{' 182. i:daY~!freas~Y:B!tiLS '. atthe-" current " interest' rate 'available, be passed, and approved as read., ' , ';,' ,.' ", ' : u.. ' , !D '~d:i:~~~:L ,~~::',~r~'~,,~~is'SionerSh,D~Vi~, l1aJ.bet't, Lamkin and ,L~tz~ ," . ". ~ ":' '..'.,;;;-,.. .r City Attorney Charles Cec'ki"eTi/pre'seated:additional iDf'ormationto thee City Commission regarding if' pi"ep€>sed 20"year fraflchise ordihanc'e1iTi'th the'south -' ' western Bell Telephone Company. Mr. Cockrell reviewed a letter written to the" , company bn"No1fember 2'5,19'58" *':'Mayor:er-b1m/iThlch enumerated six ,suggest'ed re-' visions and/or insertions to the proposed ordinance, and- also pre~,ent-ed'e:' letter dated December 10,1959,signed by Will. Sears~AttorneJC:f'or t'h~ ,aouthW~stern ,,'Bell,te)!epno:t:t~~: Cdlnpany. :Cii'Y'J\ttortky',Coe'kI~eIl'st8;ted' bh8.t~ all 6't":the+"six' points of the M8.yor' s ,letter ~:f', ~ove~eJ;. 25,1958, had been agr~ed'~ to by the company witJi eoc'ceptititi"of';'pofnt'; we~'lj:'i-etat:rtig" t6; thepa'Ylllent~ of'a' gross' receipts 'tax.. It was the conteritlSif'~:rthe": tel~:plrone':e6mpa:ny.that only the two, lazoigesteities in t~~,sta~e"Houston and Dallas, receive a gross receipts tax in excess of 2%. ' After r~Yiew1ng~ all of,:-tl1e inf'ormation presented by the City Attorney, the, ., City ~,*~~f"~s\dire~te(~\to ai3certain if the Southwestern Bell Telephone Co~ ~ ~:~i:~~~~f~t~i~~'~;'ft~~;:~~~:~e~~~~n~~c:n~ri~t~:~t~;th: ~~: ~~:~n~f be' withheld' pending redeipt of this information. The 'City Commission re~~e~ted that Mayor Brown's letter of November 25,1958, and Mr. Will Sears's' letter of December '10,1959, be made a part of the official minutes. 'Said letters are reproduced herewith: rl i~ .' ' " L~ T" ~~, ~ - . :-=1------,.-' ""--------- ----= at" Southwestern Bell Telephone Company Attn: Mr. John Pevateaux, District Manager 6707 Academy street Houston 5, Texas November 25, 195.8 Gentlemen: The question of extending the franchise of the Southwestern Bell Telephone Company for an additional twenty years was officially considered by the City Commission in regular session on November 24, 1958, and it was unanimously agreed that the franchise should be extended for the additional twenty year period. ~.:j'~ A number of time consuming projects and municipal activities have pre - vented earlier consideration of this matter; therefore, it is our desire and decision to make the agreement retroactive to the expiration date of November 9, 1958. There are several points, hovTever, ivhich we would like to discuss with you informally. Listed below are sections of the proposed or- dinance which, in our opinion, should be changed, modified or inserted to make a more workable agreement for both parties: l'.:."') ,--'" '-..,..,) C) c::: l;"~",,-~ p.;..':l 1. The following section should be inserted: "SECTION ": PROl'ECTION OF CITY FROM LIABILITY. It is expressly under- stood and agreed by and between the company and ,the city that the company shall save the city harmless from all loss sustained by the city on ac- count of aqy suit, judgment, execution, claim or demand whatsoever, resulting from negligence on the part of the company in the construction operation or maintenance of its telephone system in the city. The city ,shall notify the company representative in the city with5:n ten days' after the presentation of any claim or demand, either by suit' or otherwise, made against the city on account of any negligence as aforesaid on the part of the company." 2. Section 11 should be changed to read: "SECTION 11: PERIOD OF TIME OF THIS ORDINANCE. ~his agreement shall be in full force and effect for the period beginning with the effective ,date hereof and ending twenty years after November 9, 1958." 3., Section 3. The wording in t~e third line of this section should be changed! from ,"restored within a reasonable time after the completion" to "restored immediately after the completion." 4. Section 7. An insertion should be made in Section 7 in addition to the statement made reference the 2!{0 gross receipts payment, to include "additional paJrrnents in direct proportion as those received by the City of Houston." 5. Addition of the following section: "SECTION ": RATES. Without setting out any schedule of rates that the Telephone Company shall be authorized to charge for the various services ~--- -~, r~-~~'O~'"~~" -,':=:1- , _ [ ..c....,,~..,~~~'z...."~~"~l ,J 6i21 that, it may render to the pub~ic,:and without prejudice to the right of the 'city tQ question wheth~r,or not the.ratesas are nowi~ effectJ are reasonable or not.;' tpe governing 'body hereby expressly res'erves the rie;ht,power and authority to fu~ly regulat,e and f;tx:th~,rates' O-r-f and charges for the telephone company to their s~bscrfbers,fully re- serving to, itself a~~ "the rights,' powers) privileges and. imm,uJil;tties which the Constitution, the Laws of the ,State, and ariy'charter here- ':after ad.Qpted ,:conf~r upon. tne city, together wi t~ such, amen~nts or : :,e:fth~:r'~,' or all,' ,of..tue ,above mentioned" sources, of pO:wer, ,to:d~al with the"question of rl;l.~es.,.'l'he, rates c.harg~d sha:J,.l nev~r be in e~cess of th6~.e e~I\geci in th(f dity-of Houst6n~n', ,,'" " , , ," 6., Addition of the follo1fing section: \' ". .. . .' . . . . "~,C~~6N~: ,Pu.6J:,:rcA.ri:to~' Cq~T. The ,Conip~nyshali ,~ssume the"cost of pub,11'?atiQ~.,ot thi~f'r~:nch1se ,as, such publicat10nis .r.equire~,by law. "l\"J:it;1:~Ct'o:r 'pubiication,~ost s~llbe',presented tothe,do~p8.nyby the , ,_Cit;y~reasur,~upon the com.pany's filingo:facceptanceknd',Sh.!ill be "pa,id,a.t:,that,tim,e,." ," ". , ", . J. '. _ J ~ ",", .. ~ ~ ',' . . - -' . . 'We will be most happy to 'meet w1th'youat your convenience to diseuss these 'proposed changes. ' ";:T "(J()l'q,.i~l:l'y: ,yom-s, : 'f:~,:' , .. 'WRB:v ,',(s,) , . ~ :,.! r " . , Mayor ," ,'-.. ..... , ,Mr. ':CWl.~'a-liJ.ockr~1;l, Jr:.; q~'ty Attor:l?,ey City(:)t>~t~~t ,Yp.1.V~iri~~it,Y'Pl~qe"_:" " " ... " J3s;nl\; '''~ $l!~,,'Sot.tt:qv.es-t ,B1J.i:1:4~1itg :',' , , '" RQuS1:;Qn' '2; i}reX8;~ ' > '. . -. ..~. . HOmINZ,~,SJ!:ARS I"JAMES & BURNS' . Attorn~ys at Law . 0' , Sot'!-th, ,Goas~ ]~uilding,Houst~n ; "',:Dseember,'lO, 1959 Tex s t ff' ,', Re: ' ai'os,s Receip~~:, ,~:~inanc~ City of West University Place Dear Mr. ,Cockrell: ~'. . -~ ....~ ;! Th1si~tte:t" :':1S j)~irig:writt~n~a~' a,result of1:;:he di~dl,issiotis a1:; the conference " . attendi~dby~~.;.'J)e)~man",yqtt'~nd, ..,tIlyser.f.,.:Pecelil.ber,l" 1959~' The city has previously been adv,ised as to the company's, attitu.de on Points 1 and 2 contained in Mayor Brown's letter of November 25, i958. . ,. '. .-" -~.. '. . "," . ....- - . " A,s,a\1'lesu;Lii,o.f"O,ur conferellce:, ,Mr. De~matiand I,ar'e ,nil:1.ng i;oreconnnend to . .-... '-".e, .~.1...... .,~. _', J. ". . ". ". '. ~.'. .'. .' . ~_ "' ',~ . 'the management'of the' company :~J:l.~:fQ::tlowing: ' ;"'';.. , Point 3. That the cOlPnynot object further to the: inclusio\l of the langua~e suggested by you. Point; 5'~' Thatthe-co.mpany'agree to language 'being 'inserted in the ordi- 'tlance:$Ubstantially aS~'followBq,( in placeo:f' the, wor.ds }'the rates charged shall never be in excess of,those charged ~n th~ City of Houston): ' "Unle~s express1y~:e.uthor:tzed by an ordina.nceduly ','c ,. <a.do-p:be.d'by 1:;he '.'governing' body 'of' the' Cityof'Wes't " "','.;University- Pliace::,the Telephone Company sha.l~ 'never , charge rates within the City of,west University Place I' U -- ~~ T~~-'~'~'~' -~'~--I - r "', 63 r L in excess of the rates charged in any zone or area of the City of Houston comparable in location to the location of the City of West University Place." Point 6. That the company withdraw' any further objection to provision for publication of the ordinance. Point 4. I would like to summarize the difference in the si1:;uation of the City of Houston and that of the City of West University Place; (1) The City of Houston maintains from year to year a certain level of expenditures in connection with the regulation of the rates and'services of public utilities. , No similar expenditures are made by suburban cities which are comparable in any respect. j , I ~-' (2) There is a significant differenc~ in the situation of the City of Houston and the City of West University place. Every major public utility makes an extensive use of the streets of the c~ntral business district of the City of Houston on a scale which far exceeds any such use of any street in a suburban city.While the company does not recognize, in its particular instance, that any city can levy a gross receipts charge as a street rental or charge for occupancy without the com- pany's consent, there can be no question about the fact that there is reason for a,differential in agreement on charges between the City of Houston and any subur- ban city if the quantumP of use of 1:;hese central streets is taken into consideration. This differential existed for a long time prior to the acceptance by the telephone company of the 1953 Franchise OrdinanCe from the City of Houston. The differential now existing is only one differing in degree from that formerly in effect. (3) The company cannot make any exception in favor of the City of West University Place without dealing with all cities throughout the state of Texas upon a similar basis, with the result that the expenditures of the company would be increased at heavy expense to local rate payers. Only the two largest cities in the state, Houston and Dallas, receive gross receipts payment in excess of 2%. It is our understanding that, with agreement upon the points indicated, the form of ordinance previously submitted to yo:u will be acceptable. We would appreciate hearing from you at your earliest convenience. Mr. Denman and I stand ready to furnish you any other information you deem necessary. Thanking you for your courtesy in this matter, I am Sincerely, i L.- WS :ii-l!mb cc: Hoverstock Mr. Denman (s), Will Sears " 64 \ Connnissioner Lamkin g~:ve,a report on visit made by himself,' Mayor Brown, Commissioner Lutz andeityManager Whitt Johneon,to library facilities at Conroe"Be lla:i,re andth,e', toosc&n Center Librairy. The purpose of the visit ' to these facilities :was to help 'formulate i~eas for the, Cotnmunity HOUS$, proj~ct for West university :plae~..' o '."" The T,Ilatter of determing eligibility of insurance agents to receive cominis- sions 'received from insurance premiuIDSq paid 'blf the City of West University' - , Placed'l.iritlg' the year 1959~was discussed>and lists :oftnepr.eviousyears ,.an(fthos'e meeting the qua1.ificatiotlsfor the~ year 1959;7 were presented for consideration., .After reviewing the lists" it was determined that the, fo11owing'a;g-ents are e1igible, to receive ,a:prorata' :share of commissions recei'lfed,frominsurancepremi~pa.idby the City of West University Place during the year 1959:" , ' " AGENT ' 1. Pride Black , 2912 N()tt2ngli$m ' , , , COMP~ , AdkinS-Black 4810(South Main street 2~ J):)hn, !I. Boydj si. &Jr: , 2615~Uenby -,212;3' ~obinhood , 3. Wynne L.Creekmore 3759T!;l.ngley" 4. ,Ed J.ourry,,' ' 2709 Albatls 5. W. J';' Gebhard' 6~lt;8~~fa10SpeedWaY 6.' 'Cha~les B:1lgl1es: ' 6502 Bewa~ee -' 7. 'Robei-t Fi HUghes:" , 4204' Amherst' John E. Boyd & Company 1784 v.restheimer ' Creekmore ,'Be, Jacobs 'll12,PrbSpect , , ' Ed J. C~Y;' 'General Insarance " ~2109' Albems : Gebhard: !n,surance Agency 2480 ~~~SBlv.d. '.. Langh~m,Langston & Burnett 3700 Montros~:alvd. ' ' 'Robert i~'HUghes, "Insurance 6129 Edl,oe ' o ", " ( 8.. Ray V; ~:Laird 3115 La,farette 9. ,R.B. ,~ve:tst;t"ee1; , ' 31l3~1:ttsburg Ray W.$ird :t;nsltt'ance Company 2529 Sa~ Jacinto 10. Seth W.Ramey - C. Van' Berson 34Q9:&1ce - 2729 ' , , Broadfoot & OVerstreet 4'506 M6~trose . -- John L. ~ortham& Son Rusk Bld!g. ' ll.~ Fred A.. Rhodes; ,Jr., 6633 Vanderbilt. 12. W. B. Ruth 3516 Nottingham, 13. C. L. wall 4210 Oberlin '....". . iulius Le~i& Company' B,ankers ~ortgage Bldg. , W.. B. Ruth & Company 541-8'or~Wford ' Charlie Wall Agency 3503 Mbritrose Bl~g. 14. '.r. P. Hewitt, Jr.' 3755 Tangley , L. G. B-qtler, & Company 138 Ba~ers Mortgage Bldg. :~J.'~ , ' I '"~~'~:~~~:"'=' , "1 ~- 65' The above list of Insurance Agents were determined eligibile to receive pro rata share of commissions on insurance premiums paid by the city, and approved by the City Commission on the 14th day of necembe~, 1959. (8) Wesley R. Brovm, Mayor '- Mayor Brown stated that he had conferred with Mr. Gus Comiskey of the Comiskey Insurance Agency regarding the increased costs of handling the city's insurance account and ~~~ Comiskey stated that he could no 10nger use the services of his agency for 25% of the commissions. Mayor Brown advised the Commission that in his opinion 25% of the commission on the city's insurance premiums did not adequately compensate the Comiskey Insur- ance Agency for handling the city's entire account and recommended that their 'share be increased to 5afo. tfj r::) "-'l'" (~ c:::=: CC Motion by Commissioner Lutz, seconded by Commissioner Halbert, that Comiskey Insurance Agency be authorized,to retain ~O% of the commissions 'received from insurance premiums paid by the City of West University Place during the year 1959 and the remaining 50% be divided equally among the 14 agents who have been considered eligible to participate in the distribution. Voting,Aye: VQtingNo: Mayor Brown,Commissioners Davis, Halbert, Lamkin and Lutz. None. r..'. The Commission was advised that in addordance with their instructions a letter had been mailed on this date, to each residence in the city, out - lining plans for proposed off-street garbage pickup and asking that an enclosed postcard be returned with an indication of whether or not they were in favor of the plan. A plan for canvassing the returned postcards was discussed. It was agreed that members of the Commission would meet at the City Hall on Saturday morning, December 19th and canvass the cards which had been returned. Minutes of the meeti~g of. November 23, 1959, were read and approved as corrected. With no further business to come before motion dl.l1y made, seconded and carried, ATrEST: .Connnission at this time, upon ting was adjourned. ace, /~ titl~ REGULAR MEETING OF CITY COMMISSION ,MONDAY,,1>E€;EMBER28, 1959' . .'. "~'. . .~ The City Commission convened in regular session at the City Hall, Monday, December 28, 1.959,7:30 P..M." :With ~e; following members present: Mayor, Bro' T~m Davis, presiding; CommisSioners Halbert ,Lamkin and Lutz. Also pr.esent' was the:Ci ty' Manager~and ,e'11;y'; Attorney. .. )layor" Brown was' absent as he was: ,but, of'" the' eity.' Ci>ll' vae~tiQn. o ,) ..' 0" '.' _. . . The :Invoeation, was~'prenouti~ed 'by Mayor "pro Tem Davis'., , ,~. ~.' ,~. . , ' ,'" ,Mayoi:::1?ro;?!em Davis'st?-ted tb8.'b,:t'he:prineip'J:ematter, for discussion .'Wa.!3 the " off;..st'r,e.e;t;g~rbage pic-kutl,propO's,e.l and asked the City Mapager,to ,SU?m.it a i report of the number of' pO$tcards recei.ved'at this"timer. ,In'aeC9r~,n~e with instructions, the City Manager submitted the f'011owing'wr1tten report: ,', -,;,';;::RES~~',OF i'O~~D sriRVl!.~'~FbR"i&OPOSJ\L 'OF' OFFsTRErET'~Gk,:", ".:: ' '. ',.' " , ',cj,O~P:~to~; ,.', ' , , ' Total~ R~eeived Total- '['FOR: ' ' Total AGAINST '2,767 ' ", ';L, 900'", 867 " -or , ' All postcards received ip.' the mail from Decemb'er 16th through: 28tll,1959'- were, certif'ieid as to nUmber ana date received by tw or more of thef'ollowirig persons: Rar;old E) Shlippj:Ch1ef' ;o1t P61iCef Mrs~,.: -Verna Mills,,- Assii3tan't City Secre~~y; Mi-~~' Ray' MC-'P~e-rsori;, Cashier~ .... ",'. ' ,.' ."';-.' ... . . '. . , ' The' (fny 'OQnin'fissi:61i; ~ine1.uaHlg"taae:May.dr, "CommisSioners ,Davis, Lamkiniand Lutz, were' i;preserit';~t~"the 'Ci$Y:*1r..'t:tt(~e~ ,19th: andchecked::a.nd counted al10i",;, ~:~ards' redei:ved::onthe'aa.tea;'~~'D.6cemb~r'16', 17, 18 and .19th, 1959. '~, 'On Wed- , >H'riesday, 'necemjer"23tdj; Mayor,,~~'~ltl;-E;~'"'R. DaVis:'and:Ml"fh 'Tr.Ulah Everett, head of the Water'" illing Depl;lrtm.ent; checked and count~daJ:lpostGa.rds,:rte-ceived ' on December ~1.,22 and 23rd, 1959.Postcards rec'd. on Dec.24th & Dec.~8th'were cert:tt"iedas'11'eeeived ';bJt~S ~Ver~ ,~~~'~iA~~!~~~~J,~~:,~~blii~cretarY a'QcLMrs. Ray McPherson,Ca:shier. However, theyl1ave not been counted as of tbi~ date. .. Resp,e.c,t~~.lly'suPJfli,~~~!i" (s) ',..' .W,hitt"Joh'QSQP-..:,,:_, . . ". '. . . '. . . .. .' .-. . After'~~lAt~~~ th~ repo~f,',the 'city'66tmhission'-~6uDiea ahd sotted'tne' post cards r~ceived.:on Decemb~r,; 24th and 28th andanriounced results as follows: ' TotalRede1ved ',,, " ~08, "~ ,Tot~l ';~~~:F.0R"H, .. ;~.':'''t4':t '.,., . . " , Total 'AGAINST: .:' 61 ' The total number of cards received as of, this date was 2,975, of wh:!:,C?h 2,041 or a percentage of 68.S,voted FOR ~nd 934 or a l>e~cEmtage "of 31.2 voted AGAINST. Three persons were present at the meeting of the 'Gommisedoh, a'nd voiced' opposi- tion to the propos~d plan~They w~re'~~"::,G-earge~'I((;)use"tl;:63~Hk}1~rcer; Mr. .r~seph H. Stonis,6330 Mercer and Mrs. Gladys Birdsong,4~3S Swa:r'tbmore. Mayor , Pro tem Davis asked each person to present his object'ions for discussion with the CollimissiQn. Mr. Housen st~t!ed~ that service would be of no val1!e to him as' n IJ "~T'~'''-C'~' """', T" '~'l 67" he kept his garbage cans in his attached garage and did not want city em~ ployees on his property and also there was no indication that the cost could be maintained at 75~ per month. Mr. Stonis objected to the 75~ charge, stating, however, that if the city could provide the service on its present budget he thought it w'Ould be desirable. Mr. Stonis further sugges- ted that the city might attempt to reduce its overall expenditures as taxes and living expenses in general were too high. Mrs. Birdsong stated that she was against the proposal, but felt that if the city would pass an ordinance establishing the off-street garbage service and then fine all of the viola- tors, the city would have sufficient money from the fines received to compensate for the additional service. t~:l o A sealed letter from lf~s. C. P. Lanmon, 2630 Werlein, was presented to the Commission wnich was opened and read by each member of the Commission. The contents of the letter revealed that Mrs. Lanmon was definitely against the proposed service. After studying the report and hearing all persons present, it was the opinion of the Commission that the time for receiving postcards should be exterided'as only 52P/o of the cards had been returned. ~~ (~) CC I""'" .........' Motion by Commissioner Lamkin, seconded by Commissioner Halbert, that the date for receiving postcards on off-street garbage proposal be extended to the next meeting of the City Commission on January 11, 1960, in order that additional cards may be received to provide more comprehensive information for a final decision. Voting Aye: Voting Nq: Mayor Pro tem Davis, Commissioners Halbert, Lamkin and Lutz. None. Reso~ution 59-19, as 'follm-ls, ,-las SUbmitted to the Commission for considera- tion and Teadin full: WHEREAS, the City of West University Place has cash available in the Tax Collector Fund in the amount of $50,000 which will not be required for current operating expenses; and WHEREAS, the City also has available 91 day Treasury Bills maturing January 7, 1960, in the Water-Sewer Fund, Trust Agency Fund and Garbage and Refuse Fund, and Trust Agency Funds on deposit with the University Savings and LOan Association on which interest accrues to December 31, 1959; and WHEREAS, it is the objective of the City Commission to keep all of the city's money invested to earn additional income and it is necessary and prudent to authorize investment of these certain sums of money: NOV1, ~ORE, 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 in the amount of $50,000 from the Tax Collector Fund and rein- vestment of $50,000 from the Water-Sewer Fund, $16,000 from the Trust Agency Fund, $2,000 from the Garbage and Refuse Fund, in 182 day Treasury Bills at the current interest rate available. Motion by Commissioner Lamkin, seconded by Commissioner Lutz, that Resolution , 59-19 directing the City Treasurer to invest funds in the amount of $50,000 j 6' 8" , : 't from the Tax C6ilector ,:Fti.nq,a.nd rtidnvest:ment of $50,000' from, the Wa~~r--:Sewer , Fund, $16;000 ,f:I;'on( the, 'Tr,iJ,st 'Agency Fund, $2,000 from tlie' qarbage ang.Refuse Fund,in 182 day Treaf;ltJ.:rY ~ills 'at tliecl.ltrentint~i'est rateavailaqle. ' o , , Voting A,Y~:, ".J:!Iay6r Pro, t~mDl:!-vis,Co~ssion.ers H~l1:>ert,Lamkin and ,Lutz. 'Voting NO: None. , , The Coumi~sion' d:ts~ussedinst,a.1.~atJ9n Ofe~ec;tr:ic>a.l' s'ervice at the Garba.ge Disposal Gi'ounds'on Ruffino q~Qadf.or,' use i,nmairita;initig equipment and" Gnarg- ing batteries, etc.,'and aiso 'a.n easement needed, .by the Houston Lighting and P01Ver ComPany for this purpose. ,',' ", " " " , MoticHl bY,:Comzn;is~ioner Ha;lbert,~econded by 'Co~,.loner L-qtz, that low volt'"': a.ge eiecftricF se:rviceb~e.installe~at the Garb.~ti;<<1J~$POS~~ Grounds on ,R~fino Rd. Votingj~,ye:Nayor ,P:t"6~~m pavis,CommiSSion,ers Halbert;,Lamkinancrtut'z. Voting No: 'N~me~ ,: <, Motion by CQnnnissi91;1er ,Halbert, seconde,d by Go~;!,ssionerLutz, t4at j;:Qe HO\.lston Liglit1i}g ,,~ Iic&er'Compan;i .b~ .J?;i"~nt'ed.(a .'IQT~:e~'~em~nt .,~~. d,~sGrJ,15~d, by , their, bl~epI"int 'sKete~ iqr,' I:~671-:.~P,~9Y:~d.~d'tb~"s':t;:a~~t4etl~ "to:r,',~?e ,,~x>q,l~s:ive uSe of theC;,ty of' W~s,t, tTniv~rsitY~J),r,aqe~ ,~~~I!~~:'be' ':tp~$rt<;icl'in,the.~a,~ement 'description." '~', .:, ',' ,"'" "'--, "":',,,"," ",.' ,,""','," , , , , , Voting ,Aye:, ,l4a~or )?~O"t~1p.~a,v~~"CQ~~S:S.~9~r.:~,;:H~~J,:>erri,~amk~n' ,and" I..~X:?" 'VbtingNo{' None.' " ,', ,'-- , , ' ',' ,.., " "', " , " ' The Commission furth~t di~e~;i,sedt,~~"l?,ta1;us o:f:tpe .So1J.thw~,s.t~;e~Be.~~",T~le- :':"'] phone CO$~y franc1;li'~'e otdihanc'e~ -'-. The:dii;y 'Mariag~~-: ~1;J;l(e~:(r,t,~1;"~:'tep,ly. ..to his letter had been received from HighlandPark,stliti:ngt1ieywerer:eceivi'Q~ 4fI, gross receipt!? ta:lC:frol!l the,. 90~1:h~~~tter!l ~1:L, 'l:~,:!.~:n9~eg,qml),a,~r~but replies, ' from, the TeXas Municipal~e.agu€(:anq:.~li~,'Ci~Y:Qf., 'U~~~:r;$lt;.Y,:;:Pi!rl(l.ie;d",p.,o1; ,been , 'v d at this t'me~The cat'MS:nii er was"lns+ uc-t~d,':t";O'5t'ain:t~.pornia _ rece~ e ,J.," Y g ,",-' , ".-Yc;r",,',-,:n'.-,e' ;0".9,'."""..",."", ,,~+t,. "... tion f'rom'the League and the City of' Univer sity "'park?'ii'i Da:!las a.nd,transmit them to the City Att9rney prior ~o, ~l).? ,ne,~ meeting ,.o,f tl:.!e City Commission on 'January 11. ,.' - . " -"~:' ''- - :. ' ,', , ' , ,,'..:,'~ ' . ' .- .- " '~', , ~ . .' . - .. ' ..' . .~.. ". . . :.,.-. ,"- .... .' f :,- . ," -, --: .' .-" ,...,!: ": . ~,,". . . .. . Minutes of the m.e~ttng:~ of. ;D~~~er 14,\,\19:59,,1iere.' r~.aa.,tlnq;;~p~i:ov.~'c;l.\;' , \ ~ . ' .,.; " " '. ,.' ." . ...." .. :._ .' '. .' '. ..... t" :.' .: ' , . . ,.. .'. ~ ." . ... ", . . '. '" =-.>>. " Wi t1;l.ho, ,futt~e:r ):)'us:i,n~s~. to ~e9mebef9reth~ c CQwn~SE;,io,TJ.,&t t:q:\.~:.t<t,ime, upon mOtJOP'.}~ji~y~de, "sec6n~~d:a;n~. !~r~fed,'-~hf:m~,eti.ng .-~~(atJ.J~REtlie-a~'::y " ~ -,' '- ~ 'jn:'::"..' , , ,-,." ~"...' ,:~ . " / 'M8;y01:o, ~f!ifl' 1" W'P~At. 1tn1'1tA'rt=:;+.y 'P1l'l(>"', P:rQ",T~lll;' - T ,~, ,~, a, so" ". ~....~ .' t". _ ".'. '!"~ ;,.~ .'." ,~~~, 1'3" J b_~_: '-r'''~=-~I _1 [ ._~"==-,----"---",,,. -'''~~l --'