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HomeMy WebLinkAboutMinutes_1976 n ~ ~ cO ~ ::t::' ::r:: o n ii, t~-% I , REGULAR MEETING OF CITY COMMISSION JANUARY 12 I 1976 ' The City Commission' convened in regular 'session at the CitY' Hall on Monday, January 12', 1976,- 7130 p.m;, with the following membe'rs present: Mayor Wallin, presiding; Commissioners Binig,Dunn, Stanley and'Thompson. The.' City Attorney and City' Man"ager were' al so present. , The Invocation was pronounced by Commissioner Dunn. In accordiHicewitha request"of'the City 'Commission, Lt. James O. Bryant of the West University Police Department was introduced as the designee for appointment as Acting ,Chief 'Of" Police. Motion by Commissioner Stanley, seconded by Commissioner Thompson, that Lt. James O. Bryant be appointed Acting Police Chief until such time as a per- manentChiefiJls duly elected and qualified and that thetentJre of'the Acting Chief'beginat 7:00 a.m., January '13, 1976. , '" Voting Aye: ' All . 'Voting No: None Mayor Wallin administered the Oath of Office to Lt. James O. Bryant as Acting Chief of Police of the City of Wes't University'Plate.- " " , , Mr. Buddy Glass, 3501 Amherst requested to speak and complimented the Mayor, City Commission and City Manager for appointing Lt'.Bryant as Act~ing'Chief 'of Police stating that.it was believed that West University would continue to have the service and protection:the' residents desired and' needed:'by,the'appoint- ment of a memher of the'Police Department"'as Acting Chief'of Polite, and it was his hope that Lt. Bryant wouli:lsoon be made"Chief of Police of-the City of:West University Place. ' ' Mr.'Bri-an 'McLaughlin, 28l9Sunset;stated:that Lt-., Bryant; had, not only helpetl ra'ise hi s childreri, b'ut' grandchi'l dren as well, and that ;'he woul d 1 i ke very milch to add f1is 'personalap-preciation for tne' appointment of;' Lt; Bryant as Acting Chief of Police, and that:'he be.:giveneveryconsideration for appoint- ment as permanent Chief of Police. Mayor Wallin advised tnose'in attendance'that members of,thePolice Departmen~ and other applicants would"'\each be given complete and thorough consideration by the Corroni ssion prior' to, the' appointment 'of a permanent' Chi efbf Pol ice. :, Misses Paul Caldwell and Ann Eason and Mr. Kevin Willis, representing the Nekoosa Dancers, appeared before the Commission to advise that the group hail been se" ected' as Good\'J; 1'l Ambassadors bY the' Revbluti onal ' Bi-c-entenni a 1 Commi'ttee,an'd'that inasmuch as their :week'lY practH:e 'sessibns:wereheld fn the West University Commun,ity Bu;-l ding it: was" their ties; re that thecert'ifitateof designation they had recei'\ted be 'displayed--ih the foyer of that building: . Mayor Wallin accepted the beautifully framed certificate on behalf of the city and:'advisedthat it would be proudlY displayed at' the CommiAnity Building'. He' further 'noted: that,Misses Caldwell and Eason were selected as Nekoosa Princesses I! r- I I , ;... I I 11'111" ..., ---- ,.... '''1 ,II 'TiIf[ ITIII',' .'lIrJ1l1l1nlllT I I" _, Jl111': "I IDlIlDlJlnrrml'LL I ~JlJIl~ 111-'- ~--.. - ---- ---- --"[ !.!.',..__ , '" m-T""'----- r .; 1 1 1_1 1', 1~ 8' .I;~ .12 . and that each member of the dance group made their own costumes as near as pos- sible to authentic indiand nce-costumes~' , Mr. Robert E. Attra, represlnting the ~t. George Orthodox Church, appeared before the Commission to di~CUSS plans being made to conduct a Middle Eastern Festival on the church grou ds tentatively set for May 15 and 16 or May 22 and 23. Pl ~ns i ricl ude"seve al bo?~hs ,fo:r the sa ~ e of foods and beve~ages, as well as artlfacts andc:craftl of Mlddle Eastern culture, Plans also lnclude music and demonstrations Df folk dancing with a projected attendance of some' 5,000 people. Mr. Attra st ted that funds from the Festival would be used in the church building program and that proper and necessary security would be provi ded by the church. " " In respons-eto questions"by members of the Commfssion regarding'trafficpro- bl ems that might be encount red with 'such a 1 arge crowd, Mr'. Attra stated that neighboring facilities ~ad een used pre~io~sly ~hen function~ had been held ' by the church and that the rogram each day would be planned from noon until soon. after sundown. Following a di'scus'sion" regalr'ding the proposal to sell' wirieand b'eer during the festival, it was the decisibn of the City Commission that City Attorney Charles Cockrell be requested to re~der an opinion regarding th~sale of alcoholic beverages by a religious grbup and the affect of any to the'proximity of the West University Church of Crist. -- . ~ t t!.,!.:tCJ.:i..ili~ n j=j; -~:':-' ._....1 Mr. John W. Gardner and Mr. Charles' Mus'ick of Joe Myers FordCompahy had re- quested time on the agenda 0 review the status of three truck units on which 0 bids 'were receivedbj:the c'ty on'January 13; 1975, and purchase~orders made I to'Joe Myers Ford forpurch se; Mr'~ Musick reviewed all det oils of the transaction', stating that Unit #6, a '1975 model 18,000 gvw cab anc:!' chassis had 'been delivered to the city and a' subsequent i nvcii ce' submi t ed showi ng the pri ce increase "Joe Myers Ford had received from the Ford otor Company, Units #7 and #8 were both: d 'esel trucks requiring 'a much longer, delivery" time and compl icated constructio procedure.- When received' Unit #7was:-a 1975 model as was called 'for' in' the bi ~. specificati'i:ms;-however, Unit #8 wa:s~a 1976 model' inasmuch as a'nother '1 975"mo eYwas not'available'~h! " Mr. Musick presented the coemission an invoice received from Ford Motor Company indicating a current price 'f$1l,109.14for delivery. ofa 19T6'modeldiesel, '23,000 gvw cab' and chassis '~'n tbday's market, stating'~that if th'e escalated price on each of ttfe three' nits wa-sadded to the bid :pri ceof only Unit #8 the price on such unit woul be $10,759.19, or $1,504.58 more than the bid pri ce Dn Un it #8. ,,'- ' , . "" Noting 'that both dlesel un;- s were in stock and could 'be~del ivered immediately, Mr. G'ardner stated that,if: he Commission were-not ina'greementwith their: proposa fhi s company waul d e'li ver Uili:t#T and 'absorbth'e $400.00 loss on Units #6and'''#7, butwoul d "ot del iver 'Un'it #8; a 197"6 modeL for the bid pri~e of ~ 1975 model. Following'Mr, Cockrell'$op'hion that th'e bid price was, theorice that 'should be' pard by'the' Commission (f r each of the units,' it was the decision of the ] Ui I 1- ~ (".J c.C '~ :r::- ::c o n :~. ; .Ie'i.l&"f! ~ "..- 1'.',,- ""9 ! ~~'E" I ,-' 'J}.;." . I City'Commission'that tHe Assistant"City 'Managerre~analyze the original bids and report later' during' the meeting,' " 'n , ~ -: " . : ~'. . ~."h:.'. . ':''k N-.. Financial adviser MarvTn Moreland of Moreland; FosdieR, Inc. and Mr. Frank McCreary 6fthe firm Vincent, 'Elkins,:Searls; Connally and Smith,. legarad". vi sors',' appeared' before the ,Commissi orl" to di scuss the City Commi ssion" s,'des;-re to can an'ce1ection to'cauthoriZe'theissuance'of$l ,70Q,000 ih public i1i1prov'e- ment bonds. Mr. McCreary 'statedthat,'there'had been some discussion with 're:" gard to caning' the' el ecti on: for'- February '3rd'orFebruary 10th inasmuch as'an election on February 3rd would not provide sufficient time for the norma.l period of absentee voting. Following a decision by: the City Commiss,ion that't'heb6nd'election shou1d-be called for Tuesday, February 10, 1976, Ordinance Number 1055 was presented to the Comm;ss';on andi read ';n fiJll: '-- - , ORDINANCE CALLING:BOND ELECTION" TO AUTHORIZE THE ISSUANCE OF PERMANENT PUBLIC IMPROVEMENT - BONDS: IN THE: AMOUNT OF $860,000 FOR DRAINAGE IMPROVEMENTS" $490';000 FOR STREET IMPROVEMENTS AND $350,000 TO IMPROVE LAND FOR PARK PUR~ , POSES ANDT'HE -LEVY OF 'TAXES' SUFFICIENT'TO PAY; PRINCIPAL : AND INTEREST ON' SAID BONDS; , , Motion by' Commissioner Binig; seconded by CommissionerDunn~that Ordinance' Number 1055 calling a bond electioO"forthe ;ssu'ance'of'bonds in the amount of $1,700,000, be approved as read, ' , , . "Voting Aye:: All . . Vot:ing' No::' None: Ordinance Numb~r1056 was presented to the Commission and read in full: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITV PLACE,'TEXAS, BY'ADDINGSECTIONS'lcl..J9.1 THROUGH SECTION 11 ",19~J 2; PROVIDING RULES AND REGULATIONS,,' -FOR' THE' OPERATION" OF EMERGENCY -AMBULANCES- 'WITHIN THE CITY OF WEST UNIVERSITY PLACE';,MAKING,CERTAIN: PROV'ISIONS'WITH:' REGARD TO THE SUBJECT ; PROVIDING A PENALTY; PROVIDING A . '-',SEVERAB'ILITY' ,CLAUSE; AND PROVIDING' AN' EFFECTIVE DATE.; --.-, Ord'i nance Number 1056 ,was revi sed;' by members of the Ci ty Commiss i on with' " recoinmemdatiohs for' addi ti ons 'and del eti bns' to, make. the ordfnance most _ap...' -.' plicable to the needs of the City of West University, Motion by Comniiss.ioner Stanley, seconded by Commisioner Thompson, th'atOrdi- nance Number 1056 be adopted as revised. Voting Aye: All Voting No: None.. The Commission was advised that Mrs. Paxton was now on duty in an office at the' Community ~u'irdi,n~.,;as' Dfrectbr _of the 'Council' on Aging,' Following a general'd,iscussion: regarding the 'provisions of ,II Umbrella II insurance coverage, the City Manager was requested to present this as an item for dis- cussionbY th~.city' s Insurance Committee at its meeting on Thursday", Janu- ary 15, 1976, 3:45 p.m. ' L rI I :--::1. ----.l.~ -III ,'L..........!..__...J..~_-'----....J11 [1II11 JII "[]IIMllIIllIllIill I . .1111I11 _ . umv' , . 1 moo IIlnrrm!'fl.MJillJ 11'----'-, L.!Il',.._ '...... ~~r" I II -'J ',1,1" ,"iiAiffi;I-',~: ',,"',1 t:zo The "Commission was advised that considetati on had- not been given 'to 'a request of the Civic Club regarding parking on restd~rittal ~treets at night and such matter should be considered soon by the Commission. '-. - Mr~ Mi ke' Parks, "Chairman; 'Parks and'--Recreation' Board'; requested that the City Cbmm'i ssi on' authorize~ use:of $1;500. 00, that-was provided' 'i n the 1975 budget forth~ Ihd~pend~nce pa~k ~roject which~hadnot~beenused. Mr. Parks stated it' was'the belief-of the Park Board':that'ari'area of the 'proposed parkway could be cleared and'possiblysome asphalt'bik~.trails installed-fOr this: 'amount. " . . " - , . Mr. Parks also advised the Commission that members of the Parks and Recrea- ti6nBoard were available for any assistance needed during the, bond election. '. . - - , D , . Mr. Robert Kendrick requested information regardfng funds- that were avai 1- able for use by the Bicentennial Committee with special emphasis on funds for the construction Of the Mosiac Park~ ' Mr; Kendrick'was advised'that the sum of $5,000 'had'b~etia'pprovedinth~ 1976 budget for all of the Bicentennial celebration plans and activities. " ' The Commission was advised 'that i f1' actordance with the prOVl s 1 ons"o'f Section 15, Article XXVl of the City Charter, it was necessary- that an official news- paper be designated for the city for the year 1976, A statement of current rates charged' by the Houstoh Chronicle, Houston Post'and Southwest Argus was presented to the'<Commfssion 'for comparative purposes.' ' Motion by Commissioner Thompson, seconded by Commissioner Dunn, that the City 0 Commission des'ign'ate the Southwest Argus, Houston Post and Houston Chronicle I as official newspapers for the City of West University for the year 1976: :' , " -.F\. Voting Aye: All Voting No: None Statements r~ceived from BayshoreEngineers,Int. in the'amount of.$4,000 for the preparation of an env'iromhentaTa'ssessment and complete facility plan and $613.60'for the preparation and en'forcement hearing before the Texas Hater Qual ity Board 'were presented for consH:leratioh. . Moti on by Commissioner Thompson, seconded- byCommissianer 'Stanl ey, that Bayshore Engineers, Inc. be paid the sum of $4,000 for the preparation of an :environinentala"ssessment and complete faci 1 ity -p1 an 'and the'sum of $613.6'0 for thepreparatfon.' and enforcement' h"ear.ingbefore the Texas Wat~r Qual ity Boa rd . ' , ,., '" , 'Voting Aye: All ' Voting No: None , , A statement in the amount of $532.68 received from the Houston-Galveston Area Council formeinbershi p dues for the period January 1, J 976 through D'eceli1ber 31, 1976, ~a~ presen~ed for consideration. Motion by Commissioner Stanley, 'seconded 'by Commi'ssioner 'Bin'ig, that the state- ment in the amount of $532,68 from H-GAC for membership dues for the period Jan,uary 1, 19.16 through Uecember 31,1976',. be' apptoved> ;for payment. , Voting Aye: ' All '. . Voting No: None ::,"\ :..- -.~ D m ~ GN to C5 :::r:: tr:: [J m J'~' ;It' I '. ." ,'" 1"- i ~ .~~<. ~,,~ i The 'following list of resident insurance, agents meeting previously established criteria for participation in the premium distribution of commissions paid on insurance premiums by ~he city during the year1975,was presented for consi- deration: ' ''I', " '., ' >-,~""''', . 'Charles Brown James K. Cornelius Wynne L. Creekmore Joe O. Eason Aubrey L.Frye Wayland ltBuddyll Hancock George L, Hawkins T. P. Hewitt ' Fred E. Hughes Stephen E. Kane J. A. ,Meason Robert Overstreet S. W ~ Ramey , Jack R. Rawson Fred A. Rhodes, Jr. R. J. IlHollis" Waldt Joe L.Wi 11 i ams , 053'5 . Sewanee ' 6430 Buffalo 3759 Tangley 3777,' Nottingham 3008 Rice' .. 3909 University 3514 Cason ' 3755 Tangl ey " 4016 '. Vln anova 3413 Georgetown '3129 Robinhood- 3113 Pittsburg 3409- Ric'e ' 2819 Bissonnet 2929 Bissonnet 5932 Auden - '3112 Laf:ayette Charlie Brown Agency Cornelius & Associates Creekmore & Jacobs Danvers:"'Eason Agency Aubrey Frye &tompany Wayland Hancock Ins. Agency Blaine & Company 'T. F. HewHt &'$on' Northwestern National Life The Kane Agency Jameason & Company Broadfoot & Overstreet 'John L.' Wortham'&C Son Jack Rawson Agency Fred Rhodes & Company , Wayl and Hancock Ins. Agency $0 r L Wi s<en'berg Motion by Commissioner' Dunn,' se'conded' byCommlss:ionerBinig, that the' list of applicants for insurance commission be considered as eligible according to previously established standards and be allocated their pro-rata share of commissions paid -on insurance premiums by tbe city during the year 1'975. Voting Aye: All Voting No: None The Commission was presented a lis'ti.n'g showing state -flags' to bedisp'layed on Colonial Road (Buffalo Speedway to' Kirby Drive, East and. 'Buffalo Speedway to Auden', West) with'thbse persons who have purchased: the' flags; Avenue' of' " the States (Bellaire to Bissonnet) (North to South) and the Bennington flags. It was noted that a number of the flags had already been sold and th'cita very attractive display soliciting the purchase of flags was located in the City' Ha 11 Lobby. ' '.., " Attention of the Commission was directed to the fact that Friday, January 16 is Texas Arbor Day and would be a fitting time for planting replacement trees in the Albans Esplanade. It was the decision of the Commission that such cere- mony should be held at 4:00 p.m., Friday, January-16th. The Commission was adv,isedthat specifications are in the process of being pre- pared for j:>~intjng JheL:city',~ water reservoirs and that prior to advertising for bids the Commission wouldinake a decision regarding the use of any Bicen- tennl'al theme or lettering that might be placed on the water towers. Follow- ing a discussion regarding the condition of the water reservoirs and the need for painting, it was the decision of the Commission to delay any discussion until after the tanks have been inspected. A letter was presented to the CommissiQ[l from Mr. 'Jain~'s;-L.-Fawl~y, 2628P,itts- burg, requesting that the name of Pittsburg Street beHchanged to Pennsylvania. Mr. Fawley cited the connotation of soot, coal Qust, smoke, dirty air, dirty I I' __ , [I r..-:1 I Iii' nm' -.--[!.( . L.......... ....JI[ 'I THILl'" 'll,WtnilllJillffi I' "Iilil" ,.II~W 1Z2 I mawlillillJ ~i LJL-c' . ,._ _____'J'!: I I ,: L_:J___~J' streets, etc. as his basis for the request. The City Manager was instructed to advise Mr. Fawley that the City Commiss'ion' considered the request impractical at this time. ..,. . Minutes of the regular meeting of the Zoning Board of Adjustment on December 18th and the recessed meeting on January 8th were presented to the Commission for their information. Members of the Commission noted the number ofabsten;t'ions from voting by members of the Board. 'Assistant City 'Manager Dan Edwards presented the Commission an analysis of bids 'received' on January 13, 1975, for delivery of automotive units. After further d i'scuss i ng the subj ect and determi n'i ng that a dec is i on' .cou 1 d not be made' on emergency needs-, and requesting advice from City AttorneyChar'les Cockrell re- garding' r'esponsibility and liabiLity of Joe Myers Ford to deliver Units 7 and 8 on' the competitive bid price, ,the following action was taken:' h", Motion by Commissioner Thompson, seconded by Commissioner Stanley, that Joe Myers Ford be asked to deliver, under the'provisions of our purchase'order, either one (1) or two (2) of the diesel trucks and payment will be made im- mediately. . ' ,Motion amended by Commissioner Dunn, accepted by Commissioner ThornpsQn, that a provision be' included that theCity'Commission ask for performa'nce' of the contract and in the event said vehicle is not delivered within (10) days from this date the 'CityComm'iss'ion shall consider filling action to enforce the contract in a Co'urt - of 1 aw. Voting Aye: . All Voti ng' No: None' Minutes of the re'gular meeting of the City Commission on December 2:2,1976, were presented for consideration and the following action taken: Motion by COlTimi ssion'E:~r Thompson, "seconded by Commi s'sioner Stanl ey; that the' mi'nutes of the regular meeting of -the City Commi'ssionon December -22,1976, be 'corrected to 'show the Commission convened at 7:00 p.m., and approved as corrected. , Voting Aye: . All Voting No: None With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 11:30 p.m. Q~)J}{jjolt- f ' . ' , Mayor , . '. ." ATTEST: k~ Ass stant Cit Secretary:" , ' ',~ Il.;'}>"'~~: n .~. " .. --~ . o".'y"., o u u ~ ~ ~ 't:l ::- 0::- c [ II: w.., 'I' l~"l:ll , REGULARMEET1NGOF CITY CO~1MISSION ''"' ' January. 26 , 1976" , . c. ~,'..' The City Commission convened in regular session at the City Hall, on Monday, January 26,1976, 7:30 p.m" with the following members present: Mayor Wallin, presiding; Commi,ssioners Binig, Dunn, Stanley and Thompson. The City Attorney' and 'City' Manager were al so' pres~nf. . , ' The Invocation was pronounced by Commissioner Dunn. In accordance with a request of the City Commission 'and subsequent to a meet- ing of the Insurance Committee held on January 15th; Mr; Wynne Creekmore, Chair- man of the Insurance-Committee, appeared before the Commission with Mr. Hollis 'Waldt, Coinmitteemember and Mr. Frank Comiskey, representing the Comiskey' In- surance Agency.' Mr. Creekmore advised' the Commission that the' increased 'p-r'emiums for Workmen's Compensation coverage resulted from a decision made in April of 1972 to write such coverage on a three-year retrospective plan. Good experience ratings in 1972-7'3 and in 1973-74 resulted in adjusted premiums bei'n'g returned to the city. However, a bad loss ratio:' in 1974-75 resulted in increased prem- i ums.' ' .. , ' ' , ", . Mr., Com-i skey advi sed the Commis's i on :that the Workmen's Compensatidn coverage . -offered through 'the Texas Municipal League was' being investigated together with coverage that might beavailab1e from other insurance carriers in order to obtain th'e best available insurance for the city, He further advised that lIUmbrellatl cove.rage was a:lso 'befng investigated, " . , The Commission was adiiised that an$8:,00Q' error by Iraveler1s In'surance Com-pany was in part responsible for receipt of an invoice in the amount of $24,000 for Workmen ts Compensation co'verageunder the ,th,ree:-year' retr~spec'tive plan_: :_ Mr'. Creekmore requested assi'stance of the City 'Attorney 'in 'legal ar'easas the Insurance Committee makes a complete review of all of the city's insurance cover- age, and that a report of the Committee, should be availab'le for'cdn'side:ra'tion by th~ ~ity Commi?sion in early March, Motion by Commissioner Thompson, seconded by Commissioner Dunn, that the invoice in the amount of $24,006,00 received from Comiskey Insurance Agency for Work- ments Compensation coverage, be approved for payment. ' Voting Aye: All Voting No: None In accordance with previous action of the City Comm'ission, bids received for de 1 i ver'y of the fo llowi ng 'un'its were presented' to the Comnii ss i oris: Police Depar'tment Admini strative D'epartment Inspection Department Street Department Water Department Sanitation' Department -4 Patrol Units 1; 4-Door Sedan - 1 Station Wagon -Diesel Cab & Chassis - 2 Pickup Trucks 1 Pi ckup Truck 1 Diesel'Cab & Chassis Packer Body Service Body for Picku~ Truck Fi're,Department L~, 1I I ~, -- ___n__ l.i 'l......... _....JII IlIlIT L[JI!M[JJllIlllllill I . , 11[[llIll. ' . ' .l __ ,[llllY :12'4 I I jlll~Ullilll~lllJ..J 111111 III l I' --_1,1 n,._.JI~'II!"~ '.:r1~, !' :1' ~!~ Attention of the Commission was directed to the few bids that had been received, noting that if returned unopened so- that priceswoul d' not be exposed, the City Commission could reject all bids and re:-advertise. It was further noted that U after invitations to bid had been furnished to'all bidders, it was learned that D.O.T. regulations required a larger chassis for mounting of a packer body than had been specified. . .". Motion by Commissioner Stanley, seconded' byCommissi0'l1er Thompso'n, ,that the City Commission reject all bids received: and re-adverti-se' for bids," incl uding specifications for the proper size truck for use of the Sanitation Department. Voting Aye: Dunn Stanley Thompson Motion by Commissioner Stanley, seconded by Commissioner Thompson, that the : City Commission advertise for" bids to be received on February 23, 1976, for all units rejected. ,I' Voting No: Binig Wallin .,...~., -'_.~ - , Voting Aye:.' All Voting No: None' Mrs. Vicki Floyd Keltner appeared before the Commission to request permission for Distributive Education students from Sharps town and'Lamar High School to be permitted' to' make a survey in West University," Mrs~ Keltner expla'ined that the: survey woul d be conducted' in' three phases', telephone ; dri vi ng through the area' and' door- .to,door i'nterview. Mrs. Keltner 'stated that results of the analysis'made'of,the survey would be 'furnised to prospective businesses. city officials, First National Bank" of,~~est University ,and newspapers that 0 were interested, and would be used by the Distributive Education students as their project for participation in city-wide . competition, . , , Motion by Commiss'ioner'Stanley, 'seconded by Commi'ssioner Thompson, that the Distributive Education project, including a house to house survey, presented by Mrs. Vicki Keltner, be. approved with~the reserVation that the data obtained be retained'within the classroom environment and used for teaching purposes of Distributive Education students excl~sively. '- Voting Aye: Dunn Stanl ey , Thompson Wallin Voting No: Binig Ordinance Number'l057 was presented to the Commission and: read in fuTl: WHEREAS~ by Drdlnance Number 731 passed on th~ 18t~day of November, 1957, the City -Commission; acting undertheprovisions'of- (1) House Bill 6.03. Acts 52nd Leg. R.S., 1951, and (2) Public Law 734, 8lst Congress, ch. 809, 2d, H.R. 6000, entered' into 'an agreement with the State Dep'artment of Public Wel- fare and seCured the benefits of Federal- Old-Ag'e and Su:rvivors Insurance ,as outlined in safdlaws;' 'and ' , " '- WHEREAS, Section' 4 of ,Ordinance Number 73l.provided that a sufficient sum of money be allocated and set aside. fromavaila.ble funds for the purpose of l J carrying"out the prov;Si'on:s of the above-mentioned acts. such ,money so allocated' and set aside to be known as the City of West University Social Security Fund. which fund 'sha.ll be set a'si,de and maintained in the regular city depository; and m "=' ~ (.C ~' :r:: ::: ill W' I I I II i ': " 1:,,0 rr JP~~~ WHEREAS, a separate fund is no longer required by the Social Security Administration to guarantee payment of social security taxes aslbng as social security taxes are budg;eted, annua,lly; and ;,}'; . WHEREAS, the '~ity has, for the past sever'~r;iyears, budgeted soci a 1 security taxes as a current budget item. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS:' '. Section 1. That Ordinanc~ Number 731 ba ~mended to delete in its en- tirety Section 4 as hereinabove stated. Section 2. That the City Treasurer be authorized to make the necessary journal entry to eliminate the Social Security Fund. PASSED AND APPROVED this , , 1976. day of Motion by Commissioner Thompson, seconded by Commissioner Dunn, that Ordinance Number 1057 be approved as read. Voting Aye: All Voting No: None Resolution Number 76-1 was presented to the Commission &nd read in full: WHEREAS, the City Commission passed Resolution Number 54-24 on the , date of July 12, 1954, creating a separate fund to be known ,as Fund E; and l~HEREAS, Fund E was created for the purpose -of rel i'eving the neces- sity of issuing two or more checks to pay the amoun't'of,'a single invoice where materials, supplies or services were purchased or obtai~ed from one vendor and chargeable against the General 'Fund, Water-Sewer Fund 'and Health Fund;, and '. WHEREAS, by said Resolution a separate fund to be known as Fund E was created and the Universi,ty State Bank selected ,as. depository for Fund E; and WHEREAS, the'city has modernized its accounts payable system and is now using machine accounting and no longer is Fund E needed for the efficient operation of the c'i't.y's Accounting Department. 'NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSiTY PLACE, TEXAS:" " Section 1. That Fund E designated in the University State Bank on the date of August 1,- 1954 be dissolved., ' Section 2. That'the balance in Fund'E, ;'n the amount of $43:.79, be withdrawn and returned to the respective funds as follows: General Fund - $5.36; Water-Sewer Fun-d .:.' '$38.43. PASSED AND APPROVED this ---day of , ] 976. Motion by Commissioner Bi'nig, s'ecorided by Commissioner 'Thompson, that Resoll1tion Number 76-1 be approved as read. f..;-[-I'I.-----:1 '.,.'rL ,lllrull' I[ I LIlLI I' [U]lIIillrunlIT I' i II~ ..",.I!UI I , '126 , I jll~!JIIIIII~IIU Ij, IJ ~I l I!' " ,11111 II I I I I I I "i" Ii "', :;jNI!l!!!IJRVJ' TU ~ . ,-~~ ,-,~ Voting Aye: All , Voting No: 'None City Treasurer Robbie Barnett presented the following report on collection of nl", :" ' 1975" ad va1ore'mtaxes: LJ Amount certified by Tax Board of Equalization $ 1,015.434.91 DeductionsT: ' ,., Corrections for errors & omissions $3,000 homestead exemption for those '65~and, d1der :(1,319 taxpayers) $ 212.55 20,191.80 TOTAL DEDUCTIONS 20!404.35 " , .,(~,:. '1975 Taxes Receivable' 995,030,56,' --" " , , ~~~~,~S~ ~. .... ... ... .... Current ta~es collected in 1975 948,457.01 Percentage of taxes collected through 12/31/75 95.3% '" ~ . ~ l.. i . Mr. Don Loggins of Gulf Coast Cable T.V. presented a ~equest that the City Comis- .ill:'I;' sion call' a pub1tc' hearing-for the purpose of consideri~ga non~exc1usive franchise to serve t~est University with cable television service. . - Mr. Loggins advised' City Attorney Charles Cockrell that apub1i'c hearing was,re- qui red by FCC regulations and that cable television service was not considered as a public utility. Motion by Commissioner Binig, seconded by Commissioner Dunn, that a public hear- ing be called for March 15! 1975, 7:30 p.m. to consider an application by Gulf Coast Cable Television for a franchise .to provide cable television service. Voting Aye: All .' Voti ng No: None The Conmissionwas advised' that notice had. been received 'from Browning-Ferris Industries of Texas that charges for use of their sanitary' Jandfi'll fa'ci1ities had been increased from 60ct per cubic yard to 70ct per cubic yard. ". .' ~ . Motion by Commissioner Thompson, seconded by 'Commission-er ,Stan1ey~'1;hat the contract with Browning Ferris Industries of Texas be amended to increase the cost for use of its sanltary landfill 'fadl ities from 60ct to 70ct per cubic yard. Voting Aye: All Voting No: None. The Corrmission was advised'that consideration should be given to the employment of Mr.' John Mitchell for the preparation of an' app1 ication to the Texas Parks 1m . and Wi 1 d 1 ife Department for. a grant to make certain improvements at Case Park. ill ill ill m II. ";(""-f(S'"J,"", 127 Motion by Commissioner' Binig~,secohded by Commissioner Dunn that Mr. John Mitchell be employed to:prepare an application to theSureauof Outdoor Recrea- tion for matching funds fora fee not to exceed- $600,00. ' Voting Aye: All Voting No: None The Commission was presented a schedule showing comparisons of rates charged for season tickets for use of the-swimming' pool for the years 1956 through 1975, together with a tabulation of season- ticket sales, statement of swimming pool cash receipts and disbursements for the year 1975' and a schedule of suggested rates to be considered for setting charges for season- ticket purchases for the 1976 season. ' Moti-on by Commissioner Thompson, seconded by Commissioner Binig, that Schedule 111 be adopted for setting rates to be charged for the purchase of 1976 swimming pool season tickets, providing for the following charges: Single ticket, adult of child . Family of two participating members , Fami ly of three partici pati ng members , Family of four or:five participating members Family of six or more participating members Children four years of age or under Voting Aye: Binig Th0.inpson . Wallin $ 15'. 00 22.00 30.00 35.00 40.00 No Charge Voting No: Dunn Stanley Resolution Number 76~2 was presented to the Commission and read in full: WHEREAS; the 93rd Session of the' Congress passed and the President of the United States signed into law, the Housing and Community Development Act of 1974 'for the specific purpose of developing 'viable communitiesyand WHEREAS, Harris County has been designated as an II URBAN COUNTY II by the Department of Housing and Urban Development entitled to a' formula share of program funds. THAT, Article III, Section 64 of the Texas Constitution authorizes Texas counties to enter into cooperation ag-reements'with local governments for essential community development and housing, assistance ,activities, NOW, THEREFORE" be it resolved by the City Commission of the City of West University Place, that the Mayor and the City Commission support the ap- plication of Harris County for "funding of the Housing and Community Development Act of 1974. To this end: (1) ,The City of West University Place asks that its population base be included with that of Harris County for all of fiscal year 1976. (2) The City of West University Place joins with Harris County in the development of a Community Development Program pursuant ta ~itle I of the Housing and Community Development Act of 1974 for the mutual ~ --.rl J .-1 l' J I I' 1 II - .~I'l~ '1Iilii'Ji j ':DIillIl]III00Il[ I' ,I[[rntl:' , II - Ijl ,LJI!JIIL.Jlill I ~I l ......._''_ _ .... ..~, ' , 1 .:_L...IJ 11 , J , ~ 128 .." '''benefit of'ooth,'ttieCity"andthe"'County, 'The City agrees to allow. the Department of Housing and Urban Development to use its population 0 base and other necessary demographic characteristics in thedetermina- tion of the County's population base, and that the City will be en.- titled to its proportionate share of said funds. (3) Authorizes Harris County to administer within the City of West University Place such projects as designated by the City of West Uni~ versity Place when undertaking essential community development and housing assistance activities" specifically urban renewal and publicly assisted housing, if these activities are specified in the application and all other, activities listed as IICommunity Development Program Activities Eligible for Assistancell under Public Law 93-383 The Hous- iriq and Community Develooment Act of 1974. Title I, Section 105 and listed 9.S, "'Eligiple.Activitiesll under the r.nnp n-F F~neral g~~~I1iltjgr:Ji, Title 24, Chapter V, part 570 as amended, "Comrriunity Development Block Grants 'I . (3) (a) The City of West University Place, recognizing, that Harris County will incur certain administrative and Jegal expenses on the City's behalf, agrees to reimburse Harris Cpunty in the sum of fifteen (15) per cent of the proportionate, share of funds allocated to the City of West University Place; said reimbursement to, be paid atthe time all applications and grants are approved and awarded for, the benefit of the City. ' (4) All agreements by and between the City of West University Place 0 and Harris County shall be governed by and subject to the Housing and Community Development Act of 1974 and those rules and regulations , promulgated by the Secretary of the Department of Housing and, Urban Development. ' '(5) All accepted applications for grants pursuant to this or 9ny other agr,eements governed by and/or subject to the Housing and .Com~ munity Development Act of 1974'shall remain in full force and effect for the, entire funding period of the accepted, application. The ap- plication in no event shall be terminated prior to the expiration of the entire application funding period. (6) The City Commission of the City of West Univ,ersity Place b~ re- solution (which is attached hereto and incorporated herein for all inten~e~ p~rposes) authorizes the Mayor of West University Place as Chief Executive Officer to sign this Cooperation Agreement and such additiBn~l forms as requested by the Department of Housing and Urban Development pursuant to the purposes of this resolution. PASSED AND APPROVED this day of , 1976. Motion by Commissioner Binig, seconded by Commissioner Dunn, that Resolution Number 76-2 be approved a~ read. ' , Voting Aye: All Voting ~o: None '\ lJ .;~ n C':j C\! to ~ - -' tt: o t2g: Resalutian Number 76-3 was presented ta the CairnTIlssian and read in full: WHEREAS, the C'~ty' Cammi sSio-n .of West Univer~~;1"ty Pl ace desires ta imprave the 1 ivil1g enviranment within its entire jurisdictian; ,and WHEREAS, _the CityCammission' of West University Phce is the govern-- ing bady afWestUr)iverstty Placeanddaes hereby agree ta all terms and con- ditians a~ .outlined in'the aba~e r~solutian. ',' THAT, they hereby enter lntaa caaperation agreement with Harris County, Texas. .. .' .. NOW~ THEREFORE, be it resolvedby the City Cammission .of the City .of . West University Place, Texas, .that Mayor Paul W. Wallin, Jr.~ as Chief Execu- ' tive Offjcer .of West .univ:ersity place is, herebyautharized tasign' this ' " Caaperatiarl Agreerrientandall addldanal' forms as 'required by 'the ,Department .af Haustan and Urban Develapment pursuant to the purpases afthisresalutian. PASSED AND APPROVE this day .of ,1976. , Matian by Commissioner Thampsan, se'candeqby Cammissioner Dunn, that Resalutian Number 76-3 be appraved as read. Vqting .Aye:' ,All Vqting Na: Nane Minutes .of the regular 'meeting .of the Zaning and Planning Cammissian an January 13, 1976, were presented ta the Cammissian far their infarmatiqn. , . . - . . Minute5:of the regular: 'meeting .of the Electr1cq'lBaard a~Januar:Y 19, 1976 were -,Presented totheCammissian, for t,heir ir)farmati'an.. " . - . . Minute~ .of the regular meeting .of the City Cammissian an January 12, 1~76 were presented for ca'nsideratian qnd'the follawingpactian taken: Matian byCammissianer Thampson, secanded by Cammissioner Stanley, that minutes'af the regular meeting .of the City Cammissian on JanuarY 12, 1976~be appraved a~ submitted. Voting: Aye: All' Vati~gNa: ' Nane . . , With na further business to come befare the Commissian at this time,_upon motian duly made, secanded and carried, the meeting adjaurned at lO:45.p.m. ' I I .Gl~wwcdd.l~ ,'_ ",' ,ayar . ' . ATTEST: n ..r~. ~A,a..A , L_, i r I I 'I' irmil . ~ . I ~,~' 'I'''. , JI[ I fill II , '''[)lImlllllfiilllf I' ,_,liU 13,Q .1 JmIUIIIIII~!IIL !.lIIII L ~I LJI'_,_, I~ !' i' ! REGULAR MEETING OF CITY COMMISSION, February 9, 1976 Mr. McAninch was advised that the City Commission had made a thorough and com- pl ete study of all city streets and had designated certain areas as a :'fi rst" "second" or "third" priority rating .to -be paved upon receipt from 80% of the property owners a petition requesting such paving. In response to a request regarding thepos,sibility of'black-topping a street-in ,lieu of concrete paving, . Mr. 'McAninch was advised .that 'on some of the streets the crown was, too high and the base too poor to' consider permanent bl ack-topping, . Mr. Chuck Gillian, 3620 Georgetown, asked the Commission if a storm sewer were constructed on Georgetown would there be any assessed cost against the'-property owners for replacing the street, Mayor t~allin assured Mr. Gillian that there wauld be no prapertyowner ,cost involved in-this project since ithis,was the only location for the storm sewer. -, " , Mr. o. C. Bartholomew, Chairman, Zoning and Planning Commission appeared before the Commission to report on such Commission's activities.He:_;stateCl;:,J.that since May ,two requests had been received and approved for townhouse developments at the corner ,of Bell.aireand Buffalo Speedway and on Kirby Drive south of Tangley. - He als:o stated that three 'other inquiries had been received regarding townhouse development but no formal applications had been submitted to the Commission, Following Mr. Bartholomew's review of studies made on charges contained in a letter from the City Commission on August 12, 1975, Mr. ,Bartholomew was requested that the report from the Zoning and Planning CommissionfolTowing its March meeting be in the nature of a preliminary report in order for input to be provided by members of the City Cammission prior to preparation of a final report. In accordance with the provision of the City Charteran'Assistant Municipal Court Judge may be appointed only for a period of sixty days. The Commission, therefore, I"'}ffi'l' I, :1"rt<':F' , .' >H.J....,"-.... I :1 n , . ' ,-.-. ~:..' o [J u ~ C\}, to ~ - .M.... tI::, o u !I t I.;} J was advised of the necessity to reappoint Charles Orsburn as Assistant Municipal Court Judge in'ordert6 pfovide for:the'rieed~ of the Court during the absence of Judge Robert Dunn. . , liF" ';, Motionoy Commissioner Thomp'son; seconded by -Ccimmissi'orier Stanley~ that Charles "Orsburn' be reappointed to serve as Assistant Muri'icipal-Court'Judge for an addi- ti onal sixty (60) day term.' , , ' , Voting Aye: All Voting No: None It was noted that the Agenda included information regarding the necessity for a public hearing' by,theCity Commission'in ccinjLinctionwithfiling an application with the Texas Water Qlia'Tity Board for furids' for'thesewage disposal plant'project~ however, inasmuch' as Engi neer Di eter. ,Ufer was not avail ab 1 e "for the ,m'eeti ng thi s item wi 11 be included on the February 29, 1976, agenda. ,. , Mr. David stanger, representing the Independence Park Committee, stated that members of the Commi'ttee had been advi sed - that the necessary 'Resol ution had been passed by the City'Conimisston'to maRe applicati'on for Community Development 'Funds and would like assurance that all of these funds would be used for the development of the In- dependence Pa~k pr~ject. . Mr. Stranger was advised that 'a' letter had been received from the Community Develop- ment Agency stating that the city was required to hold'two"public hearings'prior to the final decision of how the funds received from Community Development Funds were to be allocate'd~ andtha:t'-Ind'epen'd'e'licePark 'was, witliin the guidelines for eligible projects, especially the Hike and Bike:-trails that had been planned for:thearea. Mr: s'tangeY"agreed'tofurnishmerriberscif'the Commission estimated cost estimates for projected park projects prior to --the public hearings. '.. Motion by Commissioner e5riig~ seconded ,by Commissioner Thompson, that the City Com- mission call two public hearings on February 12, 1976, 7:45 p.m. and February 19, 1976~'9:'OOp.m. prior to making a fin'al decision as to howfunds:'received from~the Com- munity Development Agency would be used. . " Voting'Aye: A11" Voting No: None Resoluti~nNumber:76:4 was:presented"to the Corrimission and read in'full: A RESOtUTION OF THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE ,TEXAS ,DESIGNATING CERTAIN'CITY OFFICIALS AS BEING RESPONSIBLE FOR ACTING FOR AND IN BEHALF OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PAR~ TICIPATING IN THE LAND AND WATER CONSERVATION FUND ACT OF 1965; CERTIFYING THAT THE CITY OF WEST UNIVERSITY PLACE TEXAS, IS ELIGIBLE TO RECEIVE ASSISTANCE UNDERSUCHPROGRAM~ WHEREAS, the United States Congress has passed the Land' and Water Con- servation Fund Act of 1965 (Public Law 88-578), authorizing the Secretary of the 'Interior to pr6videfi'riancial'-assistarice,to':states~ and political"'subdiVisions thereof ~ for'ontdoor recreat10n purposes; a~d" ' . ~ . ' WHEREAS, the 'Texas Legislature had adopted Article, 6081, V.A~C.S. for the purpose of allowing the State of Texas, and its political subdivisions, to partici- pate in the Federal program established under said Public Law 88-578~ or such other r~, Cl , ..-::1 ~---L-.Jj[ ...., ,. I [;Jill: L"[WlllIlJWIIliIIIT I' nrmn --[lJ :.1-...... ~~~----..!J[ _ [11111 : 132 I lIIUlJllllllmllL ,'1111111 II LI,!, _ _______U':I I I ~I::,;:!~:fll :1 programs as are hereinafter established by the Federal Government; and , " WHEREAS;' the City of West University Place is fully eligible to receive assistance under this Program; and ' u WHEREAS, the City Commission of the City of W,est University Place is desirous of authorizing-its administrative staff to represent and act for the city in dealing with the Texas Parks and Wildlife Department concerning this Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 'THE 'CITY OF WEST UNIVERSITY PLACE, TEXAS: ' 'Section 1. That:the City COinmiSsion of the City of West- 'university Place hereby certifies that the City of West University Place"is eligible' to receive assistance under Public '88'-578;' as"augumented by Article'608lr,'V.A.C.S. Section 2. That the City Commission hereby authorizes and directs its City ~4anager to represent and act for the City of West University P.l ace in dealing , with the Texas Parks and Wildlife Department for the purpose of this Program. The City Manager is hereby'officially designated as the City'srepres,entative in this regard. - Section 3. The City Commission hereby designates its City Treasur.er as the official authorized te'serve as the, City's fiscal officer to receive federal funds for purposes of thiS Program. Section 4. The City Commiss'ionhereby specifically authQri-zes the City officials herein designated to make application to ,the Texas Parks and Wildlife 0 Department concerning the tract of land-to.beknown as, Colonial (Case) Park is hereby designated for public outdoor recreation purposes; . PASSED AND APPROVED 'this day of ',> '-- 1976. Motion by'Commissioner Thompson, seconded by Commissioner Rinig, that Resolution Number 76-4 be approved as read. Motion amended by Commissioner Stanley, accepted by Commissioner Thompson~'that Resolution Number 76-4 be amended so that Section 4 would read as follO\~/s: liThe City Commission hereby specifically authorizes the City, officials herein designated to make application to the Texas Parks and Wildlife Department concerning the tracts of land to be known as'Colonial'(Case) Park and Inder>endence Parkin the City of West Uni versity"Pl ace for improvements for 'park purposes t II, Voting on amendment. Voting Aye: 'All 'Voting No: None Voting on motion as amended. Voting Aye: All Voting No: None Commissioner Stanley reminded members; of the Commission that definite action should be taken in regard to work to be performed on the Mosiac Park prior to the April U' ':" 4th date that had been established for the ceremonies planned for the Bicentennial. It was also noted that'platforms and other necessary equipment must be arranged 'for. ' . n ~ C'J tC ~ == :r:: o [ l~,a I The Commission was advi~ed that correspondence had been received from the Houston- Galveston Regional Transportation Study together with a map showing intra-urban routes that would be indruded in the Federal-Aid Urbfr~'~ystem. Inasmuch as Weslayan Street'was included from Bellaire Boulevard to-Bissonnet it is"hoped that such street might become eligible for federal 'fundirig. ',", - The Commission was presented a letter from the Council on Aging recommendihg the appoi ntment of Mr. Oscar 'H. Kotteman, 6355 Rutgers and Mrs. Bess i e "M-. Wendt, 6'646 Westchester as members to replace Mr. Clarence Kapp and Mrs. Lorene Loftus:who had submitted their resignations. The Commission was also advised that the Council on Aging, had requested that the name" -of the department be changed to Service to Aging. Following a general discussion: with regard tbthe 'creat'ion of the Gouncil and possible desire of the City Commission ,torecomniend YIleplacement 'members foY- the Council, Mayor Wallin was requested to write Mrs. Paxton a letter of clarification. In accordance with a provision of the City 'Charter which requires that the City Commission canvass the returns and declare the results of an election within five (5) days after the elect i on.-;the fo 1'1 owi n9 acti on was taken: Motion by Coinmissioner Stanley, seconded'by'Commissioner Thompson, that an official meeti rig of the C Ci ty Commfss ion be called for Thursday:, February 12, :1976, 7: 30 'p. m. for the purpose of canvassing the returns of the $1,700,OOO.OO,public improvements bond ~l ecti on. ".. , Voting Aye: All Voting No: None Attention of the City Commission was directed to the Annual Report of the Fire De~ partment outl ining such Department's activiti es 'during the year 1975. A letter -froin Mr. Gerard"Kerbow requesting an appearance before the City Commission to request permissiori' to"omit the ctiristructi6ifof'a sidewalk at his new residence~ 6330 Wakeforest, was" presented for consideration, This request is to be included on the City Comini ssi on agenda for its regul ar -meetingoh 'February 23, 1976 and Mr. Kerbow so advised.' ,., .' , ,..", , Minutes of the regular meeting of -the City Commission on January 26~ 1976~ were presented for cdrisider.ation ahd the foTlowing ,action taken: . Motion: by Commissioner Stanl ey, seconded; by' Comini ssioner Thompson, thaT'minutes of the regul ar meeting of the City Commissi,on on Monday; Janu'ary 26,1976, be "approved 'as s'libmitted. Voting Aye: All Voting No: None With no further Dusiii"e'ss to come before the Commission, at this time, ,upon motion duly made, "seconded' and carried, the meeting "adjourned at 9: 30 p.m. ., - ' , ' . @d ..dI dL f- -, ' lfra. ~ " , " ",',.'" ,,' ayor., ," . , , , ATTEST: ,~~'~~~' l~:..i.' ~.- lEe 111I,1'1:'~"wll:J1IIlJl:JI=nr: I ,tlm ,: IlIlIl' , . I mWlmmllllP.J"L!JllLi..L-., i 11,--------,-- ~:w 'I ,~I !,,' J, 1,0" I ~ 1---'--- I,,! i ',,'...L ,.] ,",~ I, , I i ..~" ',I ~ , .!l "'~ I" , SPECIAL MEETING OF CITY COMMISSION February 12, 1976 The Gity Commission convened in special session 'at the City Hall on Thursday, Il February 12, 1976, 7:30 p.m., with the, follo\</ing'members-present: Mayor U Wallin. presiding; Commissioners Binig, Dunn, Stanley, Thompson, the City Attorney and City Manager Were a'l so present'. Mr'. Hank Coleman, representing Vinsctn;';Elkins., -Searls, Connally and Smith, was also in attendance at thee meeting. ' Returns of the Public Improvement Bond Issue election held on Thursday, 'February 10, 1976, were canvassed and Ordinance Nlimber-1058 was presented to the Commission and r.ead in full.,' , , . ORDINANCE CANVASSING RETURNS AND DECLARING RESULTS OF BOND ELEGTI ON HELD FEBRUARY 10,1976 "< ~ ':. WHEREAS ~ in accordance 'wi th the taws of "the State-of Texas ~ -the Charter of the City of West University Place, Texas, and Ordinance Number 1055 adopted pursuant thereto, an election 'was held within ,and 'for s'cfid' City on "February '10, 1976; at which three{3) propositions 'relat-ing to tlie ;:ssuance 'of public ini- provement bonds of. the.CHY and the '1 evy . of taxes to 'pay' sa i d,' bonds were sub- mitted in accordance with law, said propositions being: ERnpn~TTTO~ NO 1 SHALL' THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS,' BE AUTHORIZED TO ISSUE AND SELL THE :BONDS "- OF SAID CITY IN THE AMOUNT OF $860,000 MATURING SERIALLY . 'OR OTHERWISE' OVER A PERIOD NOT TO EXCEED 20 YEARS FROM THEIR DATE OR DATES, ft.} ANYPRICEOR.PRICES AND 'BEARING INTEREST AT ANV'RATE OR ,RATES NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR, HEREAFTERAUTHORIZE~ BY'LAW; AS'SHALL~BE DETERMINED WITHIN THE DISCRETION OF SAID CITY COMMISSION, FOR THE PURPOSE OF CONSTRUCTING PERMANENT PUBLIC IMPROVEMENTS IN AND FOR SAID CITY, TO WIT: 'DRAI:NAGEIMPROVEMENTS; AND 'TO LEVY TAXES UPON 'ALL TAXABLE PROPERTY,WITHIN SAlD'CITY ANNUALLYSUFFlC'IENT TO , PAY THE INTEREST ON, SAID:BONDSAS IT ACCRUES [-AND TO CREATE A SINKING FUND,TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES? w RROPOSTTTON NO ? SHALL.: THE- CITY' COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; . BE AUTHORIZED' TO ,-.ISSUEAND SELL THE"BONDS OF SAIUCITY IN THE AMOUNT OF $490,000, MATURING SERIALLY OR OTHERWISE OVER A PERIOD NOT TO EXCEED 20 YEARS FROM THEIR DATE OR DATES, AT ANY . PRICE OR PRICES AND BEARI'NG INTEREST- AT ANY RATE OR RATES NOT TO EXCEED THE, MAX.IMUM.'JNTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS'SHALL BE DETERMINED ,WITHIN THE DISCRETION OF SAID CITY COMMISSION, FOR THE PURPOSE OF 'CONSTRUCTING PERMANENT PUBLIC IM- PROVEMENTS IN AND FOR SAID CITY, TO WIT: STREET IMPROVEMENTS, AND 'lU"i:. TO LEVY TAXES UPON ALLTAXABL.:E PROPERTY WITHIN SAID CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE A SINKING FUND TO PAY THE PRINCIPA'L OF, SAID BONDS AS IT MATURES? if. f I ~.>'?H~l 'I .! t, I \-'~ n ~ IN to ~ - ....... t:r::: o n t<~~a I PRnpnsTTtn~Nnl ~ ~. ~.~ :<. ... ~ .., - , f'\ SHALL _THE CITy,ltdMMISSION OF .THE' CITYOF'W~~T}U~IVERSITY PLACE, TEXAS, BE AUTHORIZED TO'ISSUE AND SELL THE ,BONDS OF SAID CITY IN THE AMOUNT OF $350~OOO~ MATURING SERIALLY OR OTHERWISE OVER A , PERIOD' NOT TO EXCEED 20 'YEARS F~OM 'THEIR DATE QR DATES ~ AT ANY PRICE OR PRICES BEARING :INTEREST AT ANY 'RATE OR RATES NOT TO EXCEED 'THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF SAID ~ITY COMMISSION, :FOR THE PURPOSE b'F 'cONSTRUCTING PERMANENT'PUBLIC IMPROVEMENTS IN " AND FOR SAiD CITY, 'TO WIT ;'- "IMPROVEMENT OF LAND FOR PARK PURPOSES, AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN SAID CITY ANNUALLY SUFFICIENT TO PAY'THE INTEREST .ON SAID BONDS As IT ACCRUES AND TO CREATE. A SINKING FUND'TO PAY THE PRINCIPAL OF SAID BONDS AS 'IT, MATURES? ' , ' WHEREAS, in accordance with the terms and provisions of the Texas Election Code, the judges of said e'lectionha:ve recorded, signed and delivered the returns of said election, together wittl-the pool lists and tally lists, to the Mayor and ~ity COml11iS'sion, and have filed same with the City Secretary; and WHEREAS, the Mayor and City Commissioners, duly as:sembled ,on this date, hav.e opened and examined said election returns, and, in accordanC'e with the City Charter and the laws of the State of Texas, wish: to pass an .ordinance canvassing said returns and declaring the results of said election; ~ THEREFORE, B,E IT ORDAINED BY THE CITY COMMISSION OF'THE CITY OF WEST UNIVERSITY PLACE THAT: S,e,Gtion l. and declares that: The City Commissi'on.hereby officially finds, determines - ~ ~ '" . (af' Ata regular meeting of the City 'Commission held January 12, 1976, at which all members of the City COIllmission were ,present and voting the City Commission unanimou.sly passed an ordinancecal-ling the aforesaid bond election, appointing all requisite election6ffi~tals and designating polling places (designated by the City Commission 'and referred to herein as 1I0rdinanc'eNumber 105511); . (b) Notice of the January 12-meeting was posted in ErigJish and in Spanish on a bulletin board in the City Hall convenient and readily accessible to the general public ~~'all times for at least 72 hours pre- ceding the scheduled time of such meeting and such meeting was open to the public at a'll times during which Otdinance Number 1055 and the sub- ' ject matter thereof w~s discussed, con~i~ered and acted upon, all in compliance'with the Open Meetings Law,' Article 6252-17; Vernon's Texas Civil Stat~tes, as amended; , (c) :Notice of the aforesaid 'bond election .was givenby posting a notice containing a substantial copy of Ordinance Number 1055 in English and in Spanish at the City Hall and in each of the .four election precincts of the City not less than fourteen (14) days prior to the date on which the election was held, and same was likewise published on Wednesday, January 21, 1976, and Wednesday, January 28, 1976, in English and in Ii I I -, <....,..l. "!"h<'''''Tlr 1111'11'1 ," li'lllIlIllDli1f II r' ,Iill , ,- "---J Ir IImJl' , , "I TIlWlmnllllll!1...I.:I'111I11 I 11.36 111-- ~-,_..- ---LIL,.... _ ____" ...__~~,- 1:....: I I [ , .. 1 , Section 2. The-CityCbmmiss"ion, pursuant to an official canvass of the returns of said election~ hereby declares the'results of the voting on each of the three (3) propositiori~, which are set forth in full in the preamble to this Ordinance, to be as ~ollows: 'PROPOSITION NO 1 Precinct 15 Precinct 87 Precin"tt'133 Precinct 183 TOTAL Precinct 15 Precinct.87 Precinct 133 Precinct 183 . TOTAL Precinct 15 Precinct 87 Precinct 133, Precinct 183 TOTAL 'For , Ag"ainst 438, 441 305 586 " 1770 ' 46 54 137 , 81 318 , , , PROPOSITION NO. 2 , For 419 405, 265 560 ,1649 Aga,inst ' . 60 8.5 164 .. '106 415 PRQPOSITION NO. 3 For Against 358 376 239 477 1450 ' 120 118 200 190 628 . ('''- ," I u j ,-:! ,. , .<:' . .....;..' ..' ",.-"- o n Ll -- ~ C"J c.c ~ :::: :r.:: o n l~a.I i I , Section 3. The City~Commissionhereby finds and declares that more than a majority of the duly qualified~ voters. voting at said election have voted in favor of each of tbe three 0) 'propositions'sublJ1itted; that, therefore, the election has resulted favorably to each of said propositions; and that the City Commissi.on is, therefore, authorized to issue $860,000 in bonds for drainage improvements as provided inqPropos.ition No. 1, $490,000 in bonds for s't;reet im- provements as provided in Proposition No. 2, and $350,000 ,in bonds for park ,improvements as provided in. Propos,ition No. 3-, and to levy taxes annually to pay principal and interest on said bonds. ,Section 4. The' City Commission further officially finds, determines and declares. that this Ordinance was read' once, carefully' considered, and adopted at a meeting of the City Commission beginning -at -7:30 0 tclock p.m. on February 12, 1976~ that sufficient written notice in English and Spanish of the date, hour, place and subject of this meeting was posted on a bulletin ,board' in the City Hall readily accessible and convenient to the public for the time required by law pre- . ceding this meeting., as required by the Open Meeting Law,. Article 6252-17, Ver- non1s Texas Civil Statutesr as ~mended, and that this'meetin~ has been open to the public as required by. law at a'll.times duringwhich~th'is Ordinance and the subject matter thereof has been discussed, considered and acted upon. The City Commission further ratifies, approves and confirms such written notice and the contents and posting,thereof. Motion by Commissioner 8inig, seconded by Commissioner Dunn, that Ordinance Number 1058 be corrected to change: Preci net .187 to Preci nct 183, and approved as. corrected. Voting Aye: ' All Voting No: None Mayor Wallin ascertained that the services of a bilingual interpreter were avail- able during all hours that the polling places were open. . With no further business to come before. the Commission at this time, upon motion duly made, seconded a~d carried, the meeting adjourned at 7:50 p.m. PASSED ,AND APP~OVED this 12th day of February, 1976. . . f - 1 r - f .. ~,-Q_u)~flL 1 Mayor -., ' , (J CITY OF WEST UNIVERSITY PLACE, TEXAS ' " ATTEST: ,~,~~~ , Clty, Secretary . C'" " ' CITY OF WEST UNIVER~ITY PLACE, TEXAS (SEAL) ~ L:J: 1 -=::1 I I I. '11"- __L,J ."11 ----ill I r In it:; -t1lIitlIlTIlIJlIlDDIlr I ,. ,t[1iIl1" .. :-. . ~',IlWll! 11'q,O , ,ilo '. I illllll!lmUlI!Il1I!J ,.1..lJlLL..... JI"-------,-------~I~-_.___.:.:..l!T' - I ~---r-, [:___1 U' n 1 . "14...,";", ,j CITY COMMISSION :PUBLIC:'HEARING" , , FebruarY12.'t 976" ;' ~ ' L1 . , .. ~, ~ ,~, The City, Commissjon convenedaf 7:45 p:m~at the, C,ity~Ha11 on February 12., 1976, ,for ,the purp9se, of, bol ding, a Pub" icHeariJj9 'c~,11ed" for' 'this d~te,.wi'th. t,~e fo1- , lowing memper~, p,r:,esent: MayorWa 11 in., pr~$j ciing ;C9!T1mi s,S; oners Bin; g , Dunn, Stanley and Thompson. The City Attorn~yandCityManager,were also present. , Motion by Cpmmi~~ipn~r ~tan1~y,,, secpnd~d by C9!l1mis$,;oner Thompson, that the '. Pub 1; c Hear5ng be opemed 'for the purpose ofheari ng a) 1 p~rsons des i ri n,g to be hea,rd i ri conn~Ctjon wi th an app) icati on 'fpr funds to,: be di stri buted by the Com- , munity Qevelopment Agency, Of Harris County, T~xas. . , - ~.' ." ". ", . ';'1," . Voting Aye,:' All Voting No:, None ,/ "h - - Mayor Wall i n"a.d.vi sed' those in attendance that'the He!irj ng had beEm ,called in accordance. with. provf~icms of the Community Development, Agency req'uir'ing that two PUb,l icHearings beh~l~ prior to a (ina1decisionof how Community, Develop- ment f.unds are,.to, be, an ocated. " " . . Mayor Wall in requested all persons desiring to be heard to give their name and address prior to making ~my. statements. Mr. Jeff Corbin, 3017 'Bissomiet, Chairman:-:()f the Independence Park Committee, stated that such CO!1l1Jrlttee was created approximate)y a year and hq,l f ago, and charged as a Committee to look into the feasibility' of creating Independence Park as well as. the feps,i bi1 i,ty and, possibiJ ity of financing such park without the use of 'city fwids.' . " '..' .'., ' " Mr. Corbin stated that since its creation the Committee had made schematic draw- i ngs of p'ark 'plan's , phasing t~e park' i'nto from four-to' ,si x phases ; he 1 d_ meeti ngs with citizens that own 'property adjacent to Pnase One of the park; held meetings' with the City Commission;' and. had in,vestigq.t,ed tnanypos'sib1e funding sources. Mr. Corbin further stated'tha~fit was believed that Phase-One could be substantially completed if all funds received from the Community Development Block grant were allocated to its construction. D , ' Mr. Corbin strongJy urged that all funds derived from the grant be used by the Iridependence;Park .Gommitt~e for the construction of the park and that the Commit- te,e be,aJ;tive, during Gonstructionof the park. , ' , In response to a question from Mayor Wallin regarding conferences held with citizens living adjacent to the proposed park site, Mr. Corbin stated that reac:tton was ap- proximately 50% for the creation of the park and 50% opposed to it. ,Those in op- position to the park primarily stated such opposition was in view of possible noise, possibility of people cutting across lawns and litter that is prevalent in public parks. ....' In response to a question from Commissioner Stanley rega-rding parki'ng fO,r persons using the park, Mr. Corbin stated that this was, 9i~c:u.s~ecl,at't\1emeeting~s with residents and it was believed that most people using the park would be either "hikingll or Ilbikingtf and parking would not pose any problem. Commissioner Thompson questioned why members of the Committee felt they could u n '" ~ co 'C:i :e = o Ii U 1;,3,9 , , substanti ally ,compl e,te Phase On~ with Community Development funds when i't was be- l i eyed .there would 'be only approximately '$1.-00' per capita and 'r'low'thatrecent in- formation i'r'ldicatedthere would be $3':00 to $4.00 ,available for use the Committee felt all of, ~he_ funds~;~uld, be required. .~~~>, ~. ~ . - , ... . Mr~ C-oroin stat'ed that the Comm'ittee'cQuldwork:wlth a' budget of' $100,000, $60,000, $50,000 :orwhatever' might b~ a,,,ailable; Proposed expenditures would:' include $7,000 'for fencing, $15,000 to $20,000 for' lighting; hike and bike trails approximately $15,000 and in addition basic utilities, screening for corner lots and outdoor 'pic.nic' equ,iprrienf w"D~'lifneed to beinclude-d~. ' .. ' Mr. Mike Parks, 6427 BuffaJo,Speedway, stated that 'as 'Chafrman of the city's Parks and Recreation Board~ and also a .citizen of 'West University, he would strongly urge that Community 'Development, funds be'all ocatedfor- the construction 'of Phase One of Independence Park. Mr. Parks stated that this property was unique and would provide 'a park that'cou,1dbe used. by re~i;den.ts of"~llages. ., , , " , . ' ," ,,', '. In response to a question'from'Commis-sionef'Stanley' regarding the des'ire of 'those citizens favoring Independence Park to put all funds that would be- 'i::6m,e avai'lable this year intoPhas'e'One of'Independence'Park~ Mr. P.arks replied that use of only the land ,designated as Right~Of-Way would get the park.started and would provide visibility to the outside world of the city's creation and perhaps provide additional sources of income for further develop- ment ~f the pa~k. 'Mr. <;nff Potter, 3622 Duke,' rev;ewedquestions that were contained in a letter he addressed to the City Commission on June 2, 1975, concerning proposed' con- struction of the park.' ~ _Some of,Mr. Potter's questions. included lighting, who would be responsible ,for. replacement of bulbs, who would be responsible if lights'should shine into homes and'disturb' citizens; cleanliness, who would ,_be responsible for ',. piCking:_upc.a:(ls"p,oU-les, and o,ther debris left by park users; traffic"would traffic, especlallynear the W_est UniversitY Methodist Church disturb their services; trespassing, how can home owners who live on the dead end streets keep strangers from parking in front of their homes or crossing their property. Mr. Potter stated that it was'his belief that there were many places in the ,city that funds received from the Community Development Block grantcou]a be much better used than on the construction of Independence ~ark~' -' , ' Mayor'Wallin advised Mr. Potter thqt when his letter was :received it was not taken lightly and that his questions werea,lso,ofco,rlG.erri-.to.,members of-the City Commission. .' '. ,"" '.'.",. " , .", . . . t . In response to a question by Mr. John Glash,6712'Brompton Road, as, to why he did not want the park, Mr. Potter stated that he did not want strangers parking in front of his house night and day; did not want people marching up and down the ditch in the midc(le of thenJght; did not want broken glass and beer cans in his yard; and that there was a strong possibility that persons fleeing the scene of a crime would use the park trying to elude police. Mrs, John Glash,6712 Brompton Road, stated that her residence was quite near Whitt,Johnson Park and she had seen no evidence of traffic problems because most of the people using the park facilities either rode their bicycles or walked. r - I I ''-; I ~, ft-.. -".. - ~'! -, I ill 'I 1'1 "1 - n1l11m11111 nlDnr I' Ifiill ,,--,un [ I JlllIIIlffiUIHIIIID.1. J! I'lL, I, Jlw'-'---~- I, L ITr '~r I= I I "] 1',i-40' J." ' ",Mr. Allen":Weymouth ~663o' Belmont~' 'stated .,-t,hatit,seemed everyone ;wanted a : park: anywh~,re' Qut,near his_" home~' howe.ver~', he waul p, be, very pl eased, to,have one nearerhi:s ,home,'and"thathe"wbuld'like trisee,Independence Park ,built. " Mrs. Janet Messer, 3508 Corondo Court~ stated that she would like very much to "see Wes,t,UnJversitymoved out of the disadvantaged .cJ ass as far 'as pa'rk 'area' i's;'concerY:led;; and: that. she hoped" the:- CityCommissi0nwoulduse these fund$- for' the'- Indepe'ndence: Park: project. ' ~ ~'., ,.." " -',.-"~ '.- ~.~ . . ,", .- >. .. -" . . ; Mrs. Sue Cole, 3523 Robinhood, stated. that' she 'had liVed in West University fo_r ten years and had four sons up to age twenty. During the time she had c' -lived :here,anytime;there ,had been a bicycletheft"the boys always went to the: "Diteh" to look: for it 'and 'a'~ n\;Jmber:' had' beenrecoV'ered. The creation 'oft-he park-- will cl ea,n,upan "obscure conditionthat'nowexi sts. Commi ss i oner Stan i ey adv;-sed - those: inatten,dance that thi shea ri ng had 'been held ~o determine tbeviews of residents and that the Commission would address themselves'to some' of, the' questions'ra:i sed by ,Mr. ' Potter. , .. Moti on' by ,Commi'ssioner ,Dunn,- seconded by' Commiss;i ooer Bi hi g, that'- the publ i c \ hearing becldsed.' " " 't' r Votirrg ,Aye: All',' Voting No': None With no other business to be considered by the City Commission at this time upon'prope'r,motion'dulymade, ,seconded antlcarried~ the public hear-ing adjourned .. at 8: 45, p. m. ' " .Q~~... )tdL, ...........~......t3- ATrEST: 'f .- , , i " ~...~ ' ,', ' '" - ".. , . '. '-. , . . . , - :',~',' ',' ' Assistant City Secretary ; ~,".,,' ,j I u o u n ~ IN c.c ~' ::r::: - ::t:: o n ( I ~ , . v ~ , t,: ,;.l i~ . tI: -:I;. CITY COMMISSION PUBLIC .HEARING, February 19. 1976, ' , , , , The City Commission convened at 7:00 p'~m.,at the- chy kai r'bn February 19, 1976" ,for thepuy:pose of holding a pub.li,c- Hearing ql.1JeQ for this date, w,ith the following members pre,~ent: Mayor Wall in, presiding; Com.missioners,,~inig, DLinn, Stanley and Thompson ~ The City, Attorlley, clOd Ci,ty Manager were ,also pre- sent. ' - , ' Mrs. Barbara Cook, Deputy Directo'r/ Community Development Agency, attended the Public Hearing in accordance with that agency's proposed assistan~e in ob- taining CommunityDeve10pm~nt, funds.-. Mbti on, by. Coromi ss'; oner, Dunn,~~ secqnded by: Conuniss i cner, Bi otg ~ tha't' the Publ i c ' Hearingb'e opened .for ~he,purpDse'of he~ring an pers'ons desiring to be heard in connection with an application, for funds to be distributed by the Community Deve 1 opment Agency of Harri s County. ' , _Voting Aye: All , Voting Nn: None , . . . Mayor Wall in advised those in attendance that this was the second of two hear- , i ngs req~.i.r~d i n ac~ordance, wi th the. provi s i (ms of, the Community Development Agency prior to a final decision by the City Commission for the allocation of any funds received. , ... Mayor Wallin requested all persons.desir1ng,to be'heard to give their mime and acldressprior to making any statements,. ' ' Mr. David Stanger~ 3417 Georgetown, representing the Independence Park Committee presented a cost estimate showing a Phase One cost of $46,651.46 in February, 1975, noting- that 'the amQuntmu~t be ,increased approximately 15% to reflect i-ncreased 'con~truc;tion costs. Additiqnally, Mr. Stang,er provided th'e following information in reply' to specific questions that were brought forth at the, first Public Hearing to consider allocation of Community Development funds: Parking - The :Go'rriinittee does 'not believe, this ,is,a proqlein since .prec.~dents in the city indicate that, most' park users wal~ or ridebi.cycles to park sites within the city. ' Particularly since this isa hike.,and bicycle trail" the w~e of cars could be expected to be mi ni,ll1ii 1., Sti 11, the Committee expects measures to be taken to prohibit' parking for park users-al ong "de~d-end" streets ~ ,and to encourage parking .along University Bouleyard wher._eamp~epark- ing is available. , i . .' ... . Maintenance ~ Amp1e manpower and machinery is now avai,1able within the city , to ma1nt~in Phase O~ecportion of the project _and the use of indi- g;ouspl q.nt materi a.1 s, i ncl ud5 ng nati ve grasses and wi 1 dfl owers, can reduce the amount of maintenance necessary. Police Protection - It is believed it will .be much easier to patrol the area . once 'if is improved beyond {t"s now primitive and dangerous condi- tion. The Pol ice Department, has expres~ed encouragement .,i n the '\: :';; .r:...:-~-=-~r i' -=t I I r - " . 'II 1"11'0:,:1 --lilIilIlIlIIIllIIllffi I' [[mil .. ~LjJ .-1 I~' ..: "llIIml '142 ,I mWIUIIIIDIII!U.J:TIIlI.'1. JII-----~~I--LJ,!J' ~,~'l- L:": I U '-1 I, ,fact that a now llclandestine" and difficult-to-patrol area could be opened up and made safe for the citizens. Privacy - The Committee has ccmtinuallY expressed its intention to work directly with citiz~ns adj~~en~'to the park, particularly those at the corner lots, so as to guarantee a satisfactory solution ,to privacy, along the park. IJ . . -. . "In responsetoaquestipn .from Commis.sioner StanleyrE)garding loca.tions on Uni- . versity, ~ourev,ard, ,Mr:. Stanger ,stated: that any rie,cessaryparking could be pro- vided by parallel parking where provisions now exist and even possibly usjng the parking lot of the West University Methodist Church, and it was the belief .of the Committee ,that rnpst park., users,. wi,l1 ,corne to, ,the park by ,means other than automobiles.. '," , , ' ' , , " In response to a question from Mr. Cliff Potter, 3622 Duke, regarding the place- . ment of p,i cn.i ctable$, nea,r, the dead, end 'streets. ,encouragjng, use by people by.; ng- ,:, ,I i ng hampers. of foo.d and ,beer., Mr:.., Stang,err,epJi ed that ,si gns coul d be used to~', , "des,ignateareas,to. ,be used': and ,that W,esct Ur1:iver.sity, residents were known to have a high respect 'for property. of other people. ' , In response, to, a request from Mr. John Garrett, 3410 Sunset, for. a ,definition of "bike" ,Mr. Stanger replied that the area would b'e designated 'for use as a footpedal bicycle,area,and,motorized .bikes cou]d .easily enough he prohibited~ Mr:.:,Lar,rY'Aillet,~'422'lS-unset, a:sked',if, the :~~ount of:money available ,had yet been determined. ' , Mrs. ,Barbara, ,Cook"Deputy Directo,r,~,~ommunity ,Developm~l1t Agency, stated that 0 the Agency was awaiting word from Washi,ngton.as to the total amount that would be avail~ble, but it was believed at this time it would be approximately $4:00 "per capita.. . " ..... . ,... In respons'e to Mr. Ppt'terlsreference to her,letterdi:lted February 2, 1976, stating: that It,was riece,ssary for a r.,epresentati.ve of .the Agency to, attend the two public, hearings; ,Mrs. ,Cook -stated ,thatattenda'ncewas riot a requi.rement but that it,washer.desira to do so. '. ,Mr. ,Potter:. asked, why the funciscould not be used for.. sidewal ks in ,\4~st,Univer- , sHy. inasmuch a's, the ~CUy of Pas,adena, riHmned to use,'..$240,000 of a $650,000 ent,t.tlement.for such construction" and whY adecis;'on regarding allocation of . ' funds, must, be completed, by West Universi,ty by February 27 when the City of . Pasadena had called. thei r second public heari ng ,for March,M,t. Mrs. Cook explained, that tne Agency's, deadline,.was ,March.3rd for, completion of its ap- "plicaUon andspmetimewould be, required subsequent to receipt of fund alloca- tion decisions from participating municipalities.:.., Mr. Garretts-tated ,that. he -was concerned when, the IDroposition included on the ,BOlid E1 ection : ba 11 ot for park funds di d not name the ,pa,rk where the funds were " to be used,and inasmuch, ,as. he did ,not favor Independ_ence, Park and was fearful funds might 'be used for its .construction ,he. voted against the Park Bond Proposi- tion. ' ' Mr. J,ess Sanford,,3422A:Jottingham, stated that he represented the West University U ',Methodi st Church, and ,was quit~ concerned that -church member-s be provi ded a means of ingress and egress to its parking lot which had been constructed on the ease- ment adjacent to Poor Farm Ditch, and he would like to go on record as having n CI'j N ~ '~ - ......i ::::' o (1 u ".' ~ or.' ,~, - , ," ,: '" > ",.' !'-.,~' , . 1 "~~ ,: ' 14>:1 ! requested that chl)tch members, not be shut out. Mr. Sanford also "expressed some concern with regard to traffic hazards caused by bicycles. Commissioner Thompson was advised that there is approximately thirty (3D') feet between the church building and ,Poor Farm Ditch. It was also noted that Houston 'Natural Gas Company had a regulator station 'in thEt:~rea to which access must be provided. ,,' ';, . " . t!1~'~" In response to a question ,from Commissioner 'Binig as to how liability wo'uld be handled since the church parking lot was actually constructed on city property, Mr". Cockrell stated it woul dbe the 'same as on any public property when there i,s n_egl igenceifany negligence exits,; Mr. p'otter reviewed a letter dated May 22, 1975,-fromMr~ O. C,' Bartholomew, Chairman, Zoning and Planning Commission, stating thiifsuch Commission thought 'it very -important that in the' planning anddeveloplilent of'the, park great effort be made to corisi'der the human' dimens'lon -or scal e and to' chnsider the situation .' Of theprbperty 'owners 'who' are now residing in the Vicinity o'f the park; followed . by a qu'~sti on as to how 'this co'urd 'be effected with the use of government money. . and the strings inherently placed on such use,' 'Mrs'. Cook respo'hded that very few strfhgs werebein'g placed on the use of Com- munity Development Gran-t funds and administration was 'bei'ng lefttoldca'l gov- ernments. Mrs.' Cook'fU'rther stated tha't the' only conditiori 'that 'mlght 'prompt interference would"be 'the'necessity for purcha'se of additional right-of-way and concern for those persons who might be thus affected; , Mr. Jerry Head, 2915 Bissonn'et, stated 'that his falililywas looking forward to construction"of the park as a place away from traffic tor'ide bi'cydes and jog; and it was 'hi's belief that the park would fill a real needi,n the .city. Motion by Commissioner Thompson, seconded by Commissioner Stanley, that the Publ ic He'aring be 'closed,' , , Voting ~ye:" ,All,_ ' Voting No: ~one With no further business to be considered by the City ,Comm;-ssion at'this :time, upon m~tion du~y ma~e, seconded and carried, the meeting adjourned at 7:55 p.m. ~d!,tfU}#4-- l- ayor' ',,' ,._ ATTEST: ,~"'~~. Assistant City 'Secretary , L-:~, il ,---:=1 __L'---------.IL' -:, .._, Lr"I", ] , --.JIll 11I.lJ.l-[i]]IITIJIiIlmm I' Hilil ,',-In !144 , ,. I mWlllJlm _1 'I [[I ~r 'liUlr "~~I'I Ir--T~ _.~_"__.~ '.'., ,1.,=...,,,,,. REGULAR. MEETING. OF ,C'ITY' COMMISSION" February 23, 1976 The--CityCommission conven.ed in regular, session: at the City Hall on Monday, February 23,1976,7:30 p.m., with the following members present: Mayor Wallin, presiding; Commissioners Binig, Dunn, Stanley and Thompson. The City Attorney and Ci ty' Manag"erwere- also present.' -, The Invocation' was' pronounced by Commi ss; oner Thompson. Mrs. Marilyn Paxton, Director, Council on Aging, reported to the Commission on services that were' be; ng"rendered ' to the older res i dents'of' the ,ci,ty." ~1rs. Paxton reViewed' activities of her ,Department inclu~ing secur'ing: volunt:eers to work wi thin the program~ 'referra 15, that" are made to' put. needy persons 'i n ~ touch wUh, agencies that can"provide :ser,vi'ce;' updat~' of survey. made when pro- 'gram- originally' begl.ln'''with' plans fo'Y' HGACto .provide--computer' pr.intout a-fter a' March '15th cut-off date; .and the need for additional -volunteers in the pro- gram. ,1 u , In response to a question from Commi'ssi,oner Stanl ey regarding the: possibi,l ity o,fvolunteers handlinghcalls tha-t, are currently being taken by the Fir'st Aid Unit of the Fir.e Department to assi.st people back 'into bed, ,wheelchairs', etc. 'Mrs. Paxtonreplie'd that this service CQu'ld be considered as the program 'is further developed." - Mr. Gerald Kerbowappe'ared ,before the Commissionto'requestpermission to com- 0 plete construction of -"his new residence at 6330 Wakeforest/-S"treet without being required 'to construct a s:idewalk inasmuch as there are :current1y no sidewalks ~ocated in that block. , , Resolution Number 76-5 was presented to the Commission'andrea'd:in full: ' 'WHEREAS, Mr. Gerald Kerbow, the owner of property' located at 6330 Wakeforest Street in the city has requested a building permit to construct "improvements' at saidad'dress; and' , -, , . .. ~ WHEREAS, Mr. Gerald Kerbow has requested that he be permitted to , construct such improvements without constructing a sidewalk on such lot; and WHEREAS, it has been determined by the City Commission that there are notsidewal,ks' i,n"frontofany of the houses located in the 6300 block of Wake- forest Street.-O" . NOW, THEREFORE, BE IT RESOLVED BY THEC-ITY COMmSSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Mr. Gerald Kerbow, the own~r of the North 90' of the East 1/2 of Lot 4 and the South 10' of the. East-1j2,o.f,Lot '5, Block 20, West University First Addition, be permitted to-construct improvements on said lot otherwise known as 6330 Wakeforest Street, and that said Mr. Gerald Kerbow shall not be required to construct a sidewalk on said lot at this time. Section 2. If and when the City Commission shall determine that a sidewalk shall be constructed on said lot and shall so notify the then owner '0 n ~ C\) C!) r..:; ::r::- ::c::' o n -' 1431 PASSED AND APPROVED this day of , 1976. M~tion by-Commissioner Binig, seconded by Commissioner Thompson, that Resolution Number 76.;.5 be approved as read. ' '.,! Voting Aye: All, Vo~ing No: None Mr. Dieter.. 4fer,Bayshore Engineers, appe'ared before the Commlission to review addi-tional'requirements need'ed to complete Step 1 of the, city's application ' to. the Texas Water Qual ityBoard fOr ,funds for the 's'ewage' treatment pl ant pro- Ject. Mr. Ufer stated it,would be necessary'for the City Commission to call a public hearing which ,of necessity ,must be advertised in the city's ;legal newspaperfqra period'of,atleast thirty (30) days "prior to the date of the hearing. Mr., 'Uferbriefly reviewed'o~her requirements includ:ing forwarding a ,copy of the Environmental Assessment to various agencies and organizations; 'organizatiqns to I;>e no,tif.ied'of' date o,f Pu-blic Hearing; 'and other requirements to be completed during the thirty day period, of Public Hearing publication. Motion by-Commissioner Thompson, seconded by Commissioner Stanley, that the City Commission call a Public Hearing at 7:'00 p.m., -Monday, April 12, 1976, in conjunction with fil ing an appl ication with the Texas Water Qual ity Board for'funds for the sewa-ge di'sposal- plant project. " Voting Aye: All , I Voting No: None Mr. John Fosdick of Greer 'Moreland Fosd;-ckJnc. appeared before the Commission to review the~status of the proposed 'sale of $1 ,700,000 public improvement bonds that were approvedin an election.onFebruary'lO, 1976. Mr. Fosdick stated that upon receipt of the completed audit a submission will be made to the bond rating qompanies ~and that arepresentative'of the city should plan to attend the presentation. i In accordance with previous action of the City Commission, bips received for automotive equipment were opened and results announced aSfol,lows: , , ' ,Bidder Bid Unit No."l, Uni t No. :2 ,Unit No. 3 Unit No. 4 A. J. Foyt Base Bid 4,790.23 4,790.23 ' 4,790,23 4.790.23 Trade:"In 1 , 1 00. 00 1,160;00 ' ' 1 ,1160.,00. 1 ,160.00 Net Price 3,690.23 3,630.23 . 3,630.23 3,630.23 , Bob Robertson Base Bid 4,791.05 4,791. 05 4,791.05 4,791.05 Trade-In 1,275.00 .' 1,275.00 1,275.00 825.00 Net Price 3,516"05 3,516.05 3 ,1516.05 3,745.42 l_LJ,] ,,=:I, I I: r-~I, ,_[iLl" 'I I, '..JIll 1:IIIIJil'lilIlIIlIlIIIllmrn: I' 11[11I1" , , plll!]11 1146 pi JlI~llllllll!ll~L.llllU Bidder Bid Charlie Thomas Base Bid Trade-In ,Net Pri ce Gulf Coast Base Bid Trade,-In Net Pric~ Base Bid Trade-In Net Price '~uke ,Johnson' Base Bid Trade-In Net Price Jack Roach Rllsse11 & $mi th . , Bas~ Bid Jrqde-I ri Net Price Bidder:' Bid A. J. Foyt Base Bid Trade": I ri ' Net pr'ice Bob Robertson Base Bid Trade-In Net Price Jack Road)' Base'Bid Trade-In ~et Price Charlie Thomas Base Bid Trade-In Net Pr; ce Gulf Coast Base Bid Trade-In Net Price Internation~l Base Bid Harvester Trade-In Net Price Luke Johnson Base Bid Trade-In Net Price Port City Ford Base Bid Trade-In Net Price III Ii j ,II I LJ!L '~I"'],tL :1 Unit Nri;~l Unit No. 2 Unit No; 3 Uriit No. 4 5,038.87 ,1,225.00, 3,813.87 " 5,033.27 2,300.00 2,733.27 5,164.97 1,350.00 3,814.97 5,188.87 , 2 , 000 ~ 00 . 3~188.87 4,956..47 1 , 3'25 .00 3 , 6'31 . 47 5,038.87 1,225.00 3,813.'87 5,033.27 '2, 5lYO. 00 " 2 ,5~3 ..27 5, 164.97 1;350.00, 3,814.97, 5 , 188 . 87 2 ~ 1 00. QO ' J,088.~7, 4,956~47 1,425.00, 3' 531 .47' , , p , 5,038.87 1,225.00 3,812.87 5,033.27 2,300.00 ,2,733.27 , 5,)64.97 1,350.00 3,814.97 5~188.87 , 1,800.00 3;388.87 4,956.47 1,350.00 3,606.47 5,038.87 800.00 , 4,238.87 5,033.27 1,100.00 3,933.27 4,946.37 1,000.00 3,946.37 5,188.87 1 ,1 00 . 00 4,088.87 4,956.47 750.00 4,206.47 Unit No.5 Unit No: 6' Unit No.'7 Unit No: 8 4,554.97 4,964.58 760:00 540.00'[ , 3794.97 ". 4 424<58' " .' .', , , p., '4'~545.42 ' 800.00 3,966.05 4,771 :89 800:00 3,971.89 4;667.80 800.00 ,3,867.80 '4,770.27 1 , 1 00 . 00 3,670.37 No Bid 4,769..28 1,300.00, 3,469.28: No'Bid 4,9i3.75, 525.00 4,388.75;' , 4~993.66 50Q.ob' No Bid 4,493.66 ," , " ' r 4,904.92 ' 500.00 4 ,404-. ~2 4,840.90 ' , 500 . 00 4,340.90 No Bid 4,886.84p 300.00 4 ,586 . 84 C" ' . No Bid 14,026.83 500.00 13,526.83 No Bid 1 0 , 277 . 96 450.00 9,827.96 , TO, 110.55 , 600. 00 9,510.55 9,976.91 750.00 9,226.91 3,699.04 " 570.00 3,i29.04 3,753.39 575.00 3,228.39 3.878.05 650.00 3,2~8.05 3,743.88 550.00 3,;93.88 3,751.01 900.00 2,851.01 No Bid 3,940.34 400.00 3,540.34 3,878.05 650.00 3,293.85 u I ./~. . ~. { -" ; o D L___ L J J ~ _~ ----'------........L............__Jt -....... - _ LIJ..L" '1 0' I .--...JJ.JC I_OilljJ.l"ol_IilIIlIlllIllIlmnr 10. " I , I HIlliJ _ :. ,lllilll 148 i I j~WIIIIIIII~IIII.LlJJj Bidder :B-id Russell & Smith Base Bid , 'Trade-In Net Price SoLith Loop Base Bid Trade-In Net Price Superior Base Bid 'Trade-In Net 'Price Davis Truck Base Bid Trade-In Net Price Davis Truck & Equipment Base Bid Trade-In Net Price Sartain- Hogan Base Bid Trade-In Net rPri ce R.B. Everett Base Bid Bidder Bid Garwood- Houston Koenig ~i UlL f 1 ~I! :1' I tLLLLlJ, , ' ! : i . :r4-1,~: . 1 . ~",",-l k...t.. ':J Unit No. 9~Unit No. 10 'Unit No. 11 Unit No. 12 3,536.33 450.00 ' 3,086.33 3,701.68 800.00 2,901 .68 3,616.80 800.00 2,816.80 Unit No. 13 1 ,187.00 1 , 1 84. 1 5 1 ,124. 15 3,716.15 500.00 3,216.15 3,881.50 700.00 2,901.68 3,772.35 500.00 ' " 3,272 .45 11;027.50 3,200.00 7,827.50 15,595.86 1,750.00 , 13,845.86 11,620.00 ' 2,000.00 9,620.00 -", . 6,695.00 2,000.00 4,695.00 6,870.00 3,000.00 3,870.00 19,613.00 Truck & Pickup Equipment Motion by Commissioner Thompson,seconded,oy Commissioner Stanley, that bids received for delivery of automotive equipment be referred to the City Manager and Department Heads for tabulation and review, and a recommendation for pur- chase be presented to the City Commission in recessed session at 7:00 p.m. on Thursday, February 26, 1976. Voting Aye: All Voting No: None u ':'.'. ( {', " c IS,',.- o Subsequent to a concern expressed by Commissioner Binig regarding a vacant house located at Be11aire Boulevard and Belmont Street with open doors, broken wi ndows, etc., the CommiSsi on' was advi sed that efforts :wi 11 be made, to contact the owner of the property, or any agent handling the possible sale of the pro- perty, to have the condi tion corrected ~ ' Commissioner Stanley inquired about the possibility of'timing the signal lights '---'u on Buffalo Speedway to permit an even 30 m.p.h. traffic ,flow through the signal- ized intersections:at University Boulevard, Rice Boulevard and Sunset Boulevard, ;. (J O'j C\I c.o ~ :1::' =: n I : LJ n f'r.1, i1 I "1 ~~ Concern was also expressed with ,the Police 'Department making routine driVer license checks on Buffalo Speedway. " It was explained that'due to the fact the s'ignal'controllers were not inter- connected and the intersections at Rice and Sunset are off-setting intersections caused problems in this res peeL It was alsoexplatned that the State 'Highway Department plans to install a new signal system on Buffalo Speedway in West University by July of this year, Itwasalso"ex'pTained that drivers' license checks were made at the request of the State~ Depii'rtmerit of Publ ic Safety and di'scretion would be used in the future'to eliminate drivers' license checks on Sunday. Information r'egarding action of' previous City -Commissions in the regulation of fence construction was presented.to the Comrriission to aid in their decision to again look.at the city's fence ordinance especially regarding construction of eight (8') foot fences 'when such construction could-interfere with air rights of 'neighbors. ... ' -', ..' ' Resolution Number 76-:-6 was pr~sented to the Commission and read in full: A RESOLUTION OF THE CITY COMMISSION OF WEST UNIVERSITY PLACE, TEXAs, OPPOSING A GENERAL RATE INCREASE BY SOUTH- WESTERN BELL TELEPHONE TO COVER THE COST OF DIRECTORY ASSISTANCE SERVICE ANO-APPROVrNG'CHARGING THE USERS,OF SUCH SERVICE IF SUCH ADDITIONAL CHARGES ARE NECESSARY; WHEREAS, the City of Houston, Harris CountYt Texas, is considering whether to allow either a general 'rate increase 'by Southwestern Bell Telephone Company to' ,cover the cost of dire'ctory'assiStance servi ce or charging the"' user~ of such servfce;and . -'" . WHEREAS, the residents of the City of West University Place will be directly .affected by either action should such 'action be taken. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY'OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the City Commission of the City of West .University Place is opposed to the granting of a general increase in rates charged by Southwestern Bel' Telephone-Company to cover the cost of directory assistance .-. . .. - serVlce. ' SeCtion 2. Thiit if additional revenue is required and, necessary to" furnish directory assistance service, the additional cost should be paid by those who use'such 'ser~ice. ' - Section '3. 'Thls'Resolution shall take effect and be in'force immed- iatelYfr~mand a~ter 1ts passage an? approval by theM~yor. PASSED AND APPROVED this :'" day of'; . 1976. Motion by Commissioner Thompson, seconded by Commissioner Binig, that Resolution Number 76~6'be ~pproved as read.' " , Voting Aye: Al' Voting No: None I. ."" . "", ~1""""',"WI"''''''''II1I' I , Jill j~ :,150 II jllUlllllll.l~IIII, IlllUI III LJ.lL__ ,____~I, I I ~J ~Commiss,ioner Thompson stated that it was' his des'i're that copies of-Resolution Number 76-6 be forwarded to members of the Houston City Council,'members of the Harris County Mayors and Councilmen's Association and others that may be con- cerned 'with the proposed increase 'in rates by Southwestern Bell Telephone Company. . ~'.; ~f' I I 'LJ 'ResoTutionNumber 76-'6 was p'resented to' the Commission 'and read in full: ~ . ~ . , ,,' WHEREAS, ~1r.'Eddie Roberts; employed as PoJice Dispatcher and 'appointed Deputy Clerk of the:Municipa:l Court of the City of West University Place, Texas, has resigned his' emploYment with 'the city; and WHEREAS, Mrs. Christine Crump, employed as Police Dispatcher and ap- pointed Deputy Clerk of "the Municipal Collrt'of'the City of 'West University Place, Texas, hasb'een're":ass'igneddllties as a Police Officer; and, " WHEREAS, Mr. JosephSchultea, 'Jr~and'Mr. Michael' Perry have'been employed as Police Dispatchers, and are qualified to assume'the duties of Deputy Clerks of the Municipal Court. " ~', . ...." '. ,: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY prACE; 'TEXAS: ...' ' Section 1, That Mr. Joseph Schultea,Jr. and Mr. Michael Perry be, and they are hereby, appointed 'Deputy Clerks of the Municipal Court of the City of West University Place, Texas. Section 2. 'That the appointmentpf Mr, Joseph:Schultea, Jr, and Mr. Michael Perry as Deputy Clerks of the '-Muni Gi pal Court of the City of West Uni- 01 versity Place, Texas; shall be effective with,the'passage of this Resolution and that they shall assume the assigned duties of Deputy Clerk after having been ad~fnistered~he p~oper~' Oath of Office. PASSED AND APPROVED,this day of ",1976. . MblibnPby Commi'ssi6ner Dunn, seconded by Commissioner Thompson, that Resolution Number 76-6 be approved as read. Voting Aye: All VotfngNo: None Acting'Chiefof'Police James Bryant 'appeared before the Commission, at the re- "quest of the City Manager, to present a report in response to a petition'filed with the Commission by residents of the 4200 block of Tennyson Street requesting traffic coritrols to deter speeding a'nd excessive traffic'-in their block. " ." Chief Bryant reviewed traffic checks made by members 'of the Police Department for six days during morning and rush hour traffic'in the 4200 block of Tenny- son which';naicated thaLtraffic was very light. pChiefBryant stated that he could find no justi'fication for traffic controls in the area, but he did re-' commend the installation of "Slow, Children at Play" signs- in a place and manner that 'will make them visible to all traffic traveling both east and west upon the 4'200 block of Tennyson Street. Motion by Commissioner Binig, seconded by Commissioner Stanley, that uSlow Children at Play" traffic signs be installed in the 4200 block of Tennyson. , I Ii Voting Aye: All Voting No: ' None u n M C\J ~ '~ ::r:: 0:::' m W n L~\ II I I tiLl Mr. John Mitchell, architect for the rehabilitation of Case Park, -appeared before the Commission in regard to an application to be filed with the Texas Department 'of 'Parks and Wildlife for Bureau of Outdoor Recreation funds for' use in the rehabilitation of thepark.Mr; Mitchell' reviewed the folloWinq proposed budget informat.ion to be included;in the 'gr~Dt' application. ,~, ~ ~, . , ;~,?"" 'Administration expense '$ '3,500.00 Architectural & Engineering fees . ~26~250.00 Construcion& project improvement 264,750.00 Con~ingenci~s: ' . 8~000.OO Total 'Project Amount Grant funds requested 402;500.00 201 ,250.00 The following schedul e was presente~ to financing ~ne city ts' ~at'ching funds:, Park & Recreation bonds Operatin~ F~~ds . Other' $153.500.00 22',750.00 25,000.00 201,250.00 Total ,Ci,ty Amoun~ 'It was noted that operating funds in'the amount of $22.750.00 could'be pro- vided from proceeds received from Texas Industries for rental "of ci ty, owned' Westpark property, but the additional $25,000.00 would have to be provided from some resour'ce to match the same amount requested 'from the Texas 'Parks and Wildlife Department. ' , - The Commission was presented a:Standard Fdrrriof' Agreement in the amount of $600.00 with Mr. Mitchell for professional services to be rendered in the preparation of an'application to b'esubmitted to' Texas' Parks and Wildlife Department 'for Bureau of Outdoor "Recreatio'n grant, funds.' . ' . MotionbyCommisstoner Stanley, seconded by Commissione~ Thompson, that Mayor Wa 11 in be authori zed to execute 'ari agreement wi th archi tect John Mitchell for the sum of $600.00 for preparation of an application to Texas Parks and Wild- 1 ffe' Department.' , ' ' " ". . ,~" ,. ..- , , Voting Aye: All Voting No: None Motion 'byCommi ss toner Si nig ,seconded by Commissioner D(mn , that the City' Commi s5i on give consideration; to the 'ja 11 ocat;:on of' funds received from'a, Commun~ty Devel?pment,grant,for:- which application ~s,being ma~e. 'Voting Aye: All Voti rig No :, :None In accordance with' a previous requestcif'the 'Commission a'schedlile, was pre,;;: ..,. sented showing the lineal feet of sidewalk located in the 6300-6700 blocks of Mercer Street with an estimated cost for replacement 'for consideration as an eligib~e project for u~e of CommunityDev~lopment f~nds. ' Motion by Commissicinen Binig,'secondedby Commissioner"Stanley, that the total allocation of funds received from a Community' Developmant grant be made to the Independence Patrk project in thjs our Bi centenni a 1 year. . , \, ' r--:-' I. I 'I ,--:1 _.LiT ,'1 ...J~_....J11 II,nil iLLlilInrnilllllIllDm Iii. II i 111- Ilml ,ulllllll : " ,..,. 'l , J.; ~ '" ! I J~WlIIJJJ] mi U!J ..- jl ' , LLLLL-I Voting .Aye; " All Voting No: None City' Attorney Gharl~~,Cockrel1 'advised, the:, Commission that a building had been lJ constructed on Bissonnet wHh. an enc.roachment three (3") feet into a rear uti 1 ity easement "qnd-that ^the owner had -requested a waiver, from the Ci ty. ,How- ever, Mr:. Cockrell stated that inasmuch as this item was not included on the posted agenda it,would be his recommendation that it be'considered at another meeting of the City Commission.' . It was the decision of the Commission that the request for ,a waiver and a state- ment submitted, by Mr. Cockrell for legal services performed during the months of October, November and: 'December, be i nc 1 uded on' the Commi ss i on agenda for a re~essed meeting on Thursday, February 26, 1976, at 7:00 p.m. The City Manager advised the City Commission there was a 1211 water line broken on 'Bissonnetand i,twas his optoion 'that the.citydid not have the 'personnel, manpower or equipment to efficiently repair the broken water line. It was explained 'that Mr. George Holloway, president of Holloway Construction Company, had bee~ contacted regardi.ng an emergency repair and agreed to perform the work on a force account basis at an estimated cost of $500.00. Motion by Commissioner Thompson, seconded by Commissioner Binig, that Holloway Construc,tiori Company be employed on'a force account basts to repair a 12" water 1 i tie break :'on' Bi ssonnet 'Street.' ',' , Voting 'Aye: ' 'All Voting No~ None o Minutes of a meeting of the .,Bicentennial Committee on January 27, 1976, were presented to the Commission for their information. Mi.nutesof-theregu'lar meeting of the Safety &, Accident Review Board 'on Feb- ruary 10,1976, were presented -to the Commission for their informat;on~' Mi'nutesof the regular meeting' oJ the Electrical Board on Monday, February 16th were -presented to the Commissi,on' for their information. ' Minutes of the regular meeting of the Zoning and Planning Commission on Febru- ary lOth were presented to the Commission for their information. ' . .. - The following City Commission minutes were presented for consideration: Regular meeting on February 9th,. special meeting on February'12th, public 'hearing 'on February 12th and the-public hear-ingon.February 19th~" .' ' , , ~ - -' Motion by Commissioner Binig, seconded by Commissioner Stanley, that minutes of the regular meeting of the City Commission on February 9th be~corrected to show that the Council on Aging rather than Mrs. Marilyn'Paxton requested that the 'organlzation"s'name De changed 'to' Service to-Aging, and all minutes approved. ,- ~ ~ ',' Voting Aye:' 'All, Voting No: None, n M C..} c.o ~- == ~ o n Li " ,;.e-~. RECESSED,MEETING CITY COMMISSION FEBRUARY 26, 1976 ';::t. ~,}, ~.~::-::- liJ The City Commission conven~d, in recessed:,s'ession at^'the.City Hall on Thursday, February 26,19,76, 7:00 p.m~, with thefollowingmembers_pr;-esent:'Mayor Wallin, presiding; Commissioners Binig, Dunn, Stanley arid Thompson; The City Manager . was,aJ so present. The City Attorney was absent. : ", ' , In accordance with. previ,ous'acti on of the City Commi ss;.on,,~ tabulat;onof..bids received for d~livery of thirt~en (.l3)automotiyeaY.id truck \ipits' for ,use, by- various departments of the city, was presented with the fQllowing,recommendation for purchase: ' !!!!it ~, ", - Deoartment Police Department PoUc,e Department, PoliceDepa~tm~nt Police Department Administration . ,Inspecti on Street gepartment . Water Department . Water Department Sanitation Department Sanitation Department Sanitation Department Fire Department 1 2 3 4 5 ~6, 7 8 9 10 11 12 13 ,Bidder Gulf Coast Dodge ~' -Gulf, Coast D09ge '- ' Gul f Coast Dodge , ,A ,J. F oytChevrolet Luke Johnson Ford Gulf ,Coast Dodge' . P6rtCity'Ford Truck'Sales Gulf Coast Dodge' ' Gulf Coast Dodge Gulf Coast Dodge ,South Loop Ford Truck Sales Davls.,Truck & Equipment Co; , Truck & Pickup Equi~ment Co, Net Delivered 'Price .' r' 2,733.27 ,2,533.,27 2,733.23 3. ; 630.23 3,469.28 4,340~90 9,226.91 , 2,851. 01 2,224.91 2,5Q3.91 7,827.50 4,695.00 1 ,124. , 5 During discussion there appear.ed to :bees,ome question -as to, the 'recommendations for Units #11 and #12. Further conside~ati6nof vehicle bids was tabl~d ~ritil later in the meeting.- .. - ", . ,- A statement for 1 ega 1 services for the months of October, November" and ,peceml:>E~r,< 1975 was subm:itted for co'nsideration from City Attor.ney CharI es F..CockrelLi,n the amount of $810.03., __d ,_ . ' ... , '"l .-' .' It was establishedthat,theabove amquntincluded Mr~ Cockr~ll's expenses f~t~the trip toWashingten,,_D. C.,in connectioh. with matterscencerning the recent bond: . election. '. Motion by Commissioner Stanley, seconded by Commissioner Thompson~that City Attorney Charles F. Cockre11's statement in the amount of $810.03 for legal services rendered during the months of October, November and December, 1975 be approved for payment. Voting Aye: . All Voting No: None . " . . A Wa,iver of Encroachment on public utility easement on a tract of land in the A. C. Reynolds survey, Abstract 61, West University Place, Harris COl,lnty, Texas"owned by:. Mr. J. L'. Brown, President, Home Entertainment Co., Inc. ,was presented to the Commis- sion for their consideration. . r .. ~1 1--:--=:1 . If ""r, C:r:,~ 'II :1 "U11"",..l:c[iIIIlI1IJ1.l1li1li111m r:J i[[m:l-- _:-.: :....~ ,llIlIlII L I llIWIIIII!IIIII[J~]..~ nO~L1, JIIII , L'I.;,! ,JJ~--:-IL;_!,.. LI.J 11.54 "l~AIVER OF "ENCROACHMENT ON PUBLIC UTILiTY EASEMENT ' In Re: A tract of land containing 21,240 square feet, being all of that tract of land heretofore conveyed to W. H. Krenzler by deed recorded in voluftJe 1059, page,725 ofthed~ecl records of.Harris ~ounty, Texas, in the ,A. C. Reynolds $urvey, j:ibstr~~t6J~ jp West Univer.sity Place, Harris County, Texas, and I:>eing more,particularly described by metes and bounds as follows: , i IL-l . . ~ ,.. , . .. . , . B~GINNING at a 1/2 inch iron pipe marking the northeast corner of the afore~ ,said W. /:I. .Krenz 1 er tract ,of, land, ,on the south 1 i(le of Bi ssonnet Avenue, , sai,d beginning ,corner, being lqca~ed ,S. 890.51 t W. ~,a' distance,of 177-.00 feet" .from a point markingctheinter,section pf the, west line of Kirby Drive and, the south line of Bissonriet Avenue; THENq ,S. 0006 IE. , along ,the .,east 1 i ne of the said Krenzl er tract of land, a di~tance of 120.00 feet to a 1/2 inch iron pipe ma~king the southeast corner of the said W. H.. Krenzler tract of larid;, THENCE~ S. 89051 I W., along the sQuth1ine of theS'aid'W. H. Kranzler tract of land, a distance of177.QOf~~t to a 1/2 inch iron: rod markfng the south- west corner of the said Krenzler tract',of land; , , Tf:IENCE,N. 00061, W." along the w~st' fine of the said W. H. 'Krenzler tract of l.and,a distance of 120.0-reet'tci a 1/2 inch iron-rod~niarking the northwest corner of the said W. H. Krenzler tract of land, o~ thesouth'line of Bissonnet Avenue; "', THENCE, N. 89051' Eo ~ -. along --the north 1 ine of the :sai d w. H. Krenz1 er tract 0 of land, on thesoutbline of,Blssonnet Avenue, a aistance of 1n.00 feet to the place of beginn~ng. ' , TO: J. .., L . 'Brown and .a110wn~rsor ,_~ccup'antsof the 'above' ~escr.i'bed pr~perty. , The City .of West University Place, Texas, has been 'made aware of the fact'that a portion of the" improvemellts on the above referenced property may ~I)~roa.ch on ,a certain ten fqot utility easement as,-evidenced by instrument recorded in Volume l897,'Page 25R of the', Deed Records of Harrls' tounty,Texas~ Upon review of thaf'pOssib1e encroachment, the undersigned ori behalf of the City of West University Place does hereby waive such en- croachment., if".any, upon ..said ~asE!ment" but. expressly ,reserves a 11 otherri ghts in, and to: said ,easement; provided, however, that the use of the improvements so encroach- ing on the easement does not violate' the bui1'di'rlg code or zoning ordinances of West" University Place, Texas. Mayor City,of.~est_University Place, Texas Date: February 26 ,'1976 . . " . Motion by Commissioner Stanley, seconded by CommissionerThompson~ that Waiver of Encroachment on public utility easement on tract of land, as described, in the A. C. o n ~ C\l to' ~ :r:: 0:: o [l 1'8, '-' ~ ' 4. ~~.,~ I Reynolds Survey, Abstract 61, West University Place, Harris County, Texas, owned by Mr. J. L. Brown, President,Ho~e Entertainment Co" ,Inc" be ~pproved. -Voting Aye:., All " " " ' Voting No: None ResMution Number 76...;8 J~s presented to the Comm<issio~~~d read 'in 'full, ' '''WHEREAS; the'Siriking Fund was originally created by the authbrity'ofthe City Charter for the purpose of paying principal and interest on the bonded indebtedness or the city; and"'" .. ".: " " ,"-' WHEREAS, at this date the City of West'University Place has no outstanding bonded indebtedness and there is no necessity of mairitaininga balance in said Fund; and WHEREAS, there remains in the ,Sinking Fund a balance of $15,269.45; and '\' - . " ' " <..' WHEREAs, the electorat,e',has.,appruved the issuance of $1,700,000.00 'in tax bonds; and WHEREAS," various expense in conducting the 'election authorizing the issuance of bonds, and the sale of such bonds has been incurred; and ,WHEREAS, it is the desire of the City Commission to pay the incurred expense of the bond election and marketing said bonds from the balance of $15,269.45''-' . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OFTHECI,TY OF WEST. UNIVERSITY PLACE, TEXAS: ' Section 1. That the City Treasurer be, and he is hereby, authorized to transfer from the Sinking Fund to the General Fund the sum 'of'$15,269.45. ' Section 2. It is necessary that these funds be transferred prior to the dis- bursement of 1975 tax funds to the Sinking Fund for the purpose of paying princi- pal and interest on-the approved $1,700,000,00 bond issue. ' Section 3. This Resolution shall take effect and be in force immediately from and after its passage by the. City Commission and approval by the Mayor., PASSED AND APPROVED this day of , 1976. Motion by Commi"ssiomir Thompson, seconded by Commissioner Dunn" that Resolution Number 76-8 authorizing the City Treasurer to transfer from the Sinking Fund to the General Fund the sum of $15,269.45, prior to the disbursement of 1975 tax funds to the Sinking Fund, ,be approved as read. Voting Aye: All Voting No: N.one It was explained that the recommended bids for Units #11 and #12 is the Aext lowest, combination of bids for the two units. The lowest bid would consist of International Harvester bid on Unit #11 (no trade-in) and the Saria~n-Hogan bid. on Unit #12 (trade- in of truck and.body). It was determined that Superintendent 0; D. Gregg had not considered Internation Harvester combination bid as the wheels and tires did not meet specifications. The City Manager also advised that the city had experienced difficulty in the past c~' -.l L l--==:t I, I I, 1.--- ,I , _L[I~ , 'UIi'LT'[]JilllIiIIIIlmm ] r ....111 mIliI _' ,.. .J!I!IJll 1156 ,I' JllUIIIIRII[] T'TI.IW-II. 1111 , :---.:.:..nr1 _" _ ~IT"" r--- L U --I 1',_,-}~I,','I'l'I"1 with both International Harvester and Sartain~Hogan (Pakmor) in obtain replacement parts and repairs. ' - , '" Mot~on by Commi~sioner Stan~ey,.seconded by Commissioner Thompson, that the recommen~---l datlon of the"Clty Manager ln hlS letter dated February'26, 1976, for:the purchase ILl of vehicles be accepted, with the corrected' figure of $6,695.00 on Unit #12, and bids awarded' accord:ingly. ~ Voting 'Aye: . All' , 'Voting No! None , , With no further business to come before the Commis'sion at this time, 'upon motion duly made, seconded and carried, the meeting adjourned.at 7:45 p.m. QoJ))) .tvod;. b " " , Mayor ,f " ATTEST: ,,~ ;XJ~ Assistant City Secretary '- (..:!4. (/') :':.-'-) o II n ~ C\) ~ ~ - ~ 0:: o fl \~i ~ ~,'T ~ ijJ.~, REGULAR MEETING, OF CITY COMMISSION' MARCH 8, 1976 The City Commission conven,~d in regular session at the;G,jty Hall on Monday, March 8,. 197Q, 7:30, p.m. ;cwith ,thefoJlowing members pr.esent: . Mayor .Pro-Tem Binig, presidjng; Commission.ersDlJnn, Stanley and Thompson.., The City Attorney and City Manager were also present. Mayor Wallin was attending ameetirig,of ~ the Houston Independent School District. ' The Invocati on waS pronounced by.. Commi 5S i one'rDun'ri", Assistant. Bu,ild,ing, Inspector WaynePerr.y,reviewedpr,ogress made by th~ Inspec- tionDepartment in its enforcement.ofthe Standard Housing Code. ,Mr.Perry advised that his primary .concernin~making,of. inspec.tions ,is that of safety' inasmuch as some of the older houses have hot water heaters and electrical connections that are quiet ,dangerous. Since passage. of the ,Code Mr. Perry has been in a total of 870 houses, of which 110 were found to be in complete compliance with the Code, 377 had some violations which were corrected to meet the requirements of the-Housing,Codeand others were now in the process of being remodeled. A total of 20 houses had been tagged by the ,Department as being un- fit for occupancy until certain corrections have been made.' , . -. .',.' . . ," , Mr. Perry further stated that. enforcement ,of the Code had permitted the re- moval and/or remodeling of a number of garages that wereiil very bad condition.. some were replaced with carports and others only removed the garages that were in violation. , ". ", '" . . . . . Mr. Perry listed the following as the major violations that had been foundln his inspections: a) Hotwater.heate,rs, b) e,lectrica~ connections, that had been,.made by. homeowners themselves, and c) heating units., .. . . . , . . . Following a general dis~ussion regarding his inability to know when occupants of rent'a 1 units move where the water meter deposit is furni shed by the owner of the property, the City Attorney was requested. to investigate the possibility of requiring occupants rather than owners to pay the water meter deposit. Commissioner Sta'nley commended Mr~ 'Perry for the good work he. is dOing;n the enforcement of the provisions of the Standard Housing Code and requested that an upcoming, issue,of C,Uy" Currentsin,c~ ude, an .Jnvitati on, to. residents to take advantag,e, of an inspectio'rL to det~rmine that. their homes are safe. " . .. ,") ...... '. . ..... -. - , . Building ,lnspector: J., 'D..:Allstot.:t.advjs.edthe COmmis,si,on that copies of. the Southern, Bu,ilding.,;Code" hila been ,receiv,ed .andwould be., reviewed fo'r possible, adoption by the Cfty''CCimmission 'inasmiJch as the National Building, Code is only reviewed and updated each ten years, whereas the Southern Buil ding Code is amended each year. Mr. Allstott also noted that operation., of. the Fi,re De- partment wi 11 also, be covered by provi si ons of the Southern Bui 1 di'ngCode. Copies of. the Souther.n Bull ding. Co,~e', have ,now been receivedan~L.f,ollowing. a review. by the .Inspectfon:p.epartm~n:t; ,a.'meetihgwill~be .held withmember$ of a Committee,appointed-- by: theCit.Y.~ COrmi1i:ssion:, to make re.commendat;,oTlsas t.o ',' the feas i bi n ty of chang.fng from. the Nqt i ona 1 ,Bu i 1 d.ing code- to the Sou,thern Building Code. ,. L_~ LJ .. J ----.l... I I. 'Iff _,I . .. ~L[lI7'1 .......Jl.JI. 'It"':U1I L:.LlllIlllllllllIUlllnr I f" III HB.fiI' ",,:~ J]J]U '" ""8 'l~ , ,.,1. I illDlll!llIIIillIIrLl,,' IIn:ll 1111' II i ---':':,IU':': .!II, I I ~! LJ "'J Resolution Number 76-9 waspresented.to the~.Commission and read in full: WHEREAS, by Resolution Number 75-29,passedon September 22, 1975, the City Commission created an organization which was called a "Council on Aging"; and . , ' .. " " '" WHEREAS, it has beendet.~rmi n~(( by the m~!TIb~rs~i I? of the COljilci 1 on A~in~ that such designation doescnotproperly des~ribe the Qrgani?atio~ nor its functions; and .." WHEREAS, it has been recommended~that a more appropriate d~~ignation of the organization would be "Service to Aging"; and .' , " . WHEREAS, Mrs. Lqrene Loftus'a~d:Mr.. ClarenCe Kapp, hav'e,found' it neces:- sary to resign. as members of.,such ormmi zatic;>rr and it i snecessary to appoint two person to replace the afore,said,individyal$; and, . , , WHEREAS ,Mrs. Bessie M.Wendt and Mr. Oscar H! Kotteman have been recommended to th,e Commis~ion,to ~erve on.,such organization. ,NOW, THEREfORE, 'BE IT ,RES'OLVED BY THE CITY' COMMISSION Ot THE 'ciTY OF WEST UN1VERSITY PLACE, TEXAS:.. ," ,,'. Section]. "The organization heretofor,e known as t'Council on Aging" of the, City of Wes,t Unlv~rsjty Place, Texas,. shall hereafter be known and' ' designated as "Service to Ag,ingtt;' Section 2. That Mrs, Bessie M. Wendt and Mr. Oscar H. Kottman are hereby'appointed to serve on the, governing body of. the S.ervice to Aging. .' . . , , , , Section 3. That in,the,event.ofvacancies'()ccuring on the governing body of the Service to Aging i~ the future, replacements may be made by the City Commission,by motion duly passed,. in open meeting without the.,necessity of a, formal Resol uticm ~ . , PASSED AND APPROVED this day of " ] 976. Motion by Comm,issioner DUlin, seconded by Commissioner Thompson, that,Resolution Number 76-9 be approved as read,. ' ." ..... . ." \ ' : A~ . : FoTlowi'ng an explanation by Mayor. Pro-Tern Bi'n,ig regardin~.:.the desire of members of the Board of Directors of the Council on Aging to retain ~uch designation as the name of the group and, a desire tochan,ge only the. designo:tion of the service be.ing prov'ided under the 1 eadershtpof Mr$.Martlyn' Paxton to ',"Service to Agingll" motion by Commissioner Stanley, seconded byC9Tnmissioner T,hompson~ that Res~lution,Number 76-8 be.tabl~d..' . .! ''''',1- Voting Aye: ' ,All Voting No:, None . . '. .. . , , ".. l . .. Motion by CommissionerDtmn, second~d by Commissioner Thompson, that resignations of Mrs. Lorene Lo.ftus and Mr. Cl arence Kapp. as memhers of 'the Counci 1 on Ag,ing be accepted a.nd Mrs. Bess5eM., Wendt and Mr,' Oscar H. Kot.teman appoi n.ted by the City Commission to fill vacanCie's as members of the Council on Aging. ,.., Voting Aye: All Voting No: None .1. _~. ...~.i ,;1 II I I LJ ;- , o n ;~) n ~ M N c.o ~ :e, 0::: o r~1 \. .' ..~ r;:. (! ~fW~. It was directed that Mayor Pro~Tem Binig address a lettertb the Director 0, advising of action of the City Commission 'and that a copy of such ,letter be ' furnished ,to the Council on Aging; , , , , . ~\; I i~~J;: ": The Commissi on was advised that one of the 30 h';p~' el 'ectri c motors used in a dual pumping system at the Weslayan Sanitary Sewer Lift Plant had burned up , and,repairs were authorized by the Water Superintendent resultingin,excessive charges in his opinion. 'Consultation with repr:esentatives bf'HoustonArmature Works, Inc. resulted inreceijJtof a corrected invoice in the amount of $1-,447 which was presented for consideration. . ' , Motion by Commissioner Thompson, seconded by Commission'er Stanley, that Houston Armature Works,' Inc. be paid charges in the amount of,$1,447'for emergency re- pairs made to a 30 h.p. motor located in theWeslayan Sewer Lift Plant. Voting Aye: All' Vot; ng No:" None The Commission was presented a letter dated March 2, 1976, frolT) Acting Chief of Police James Bryant outlining traffic conditions at the intersection of Duke and Buffalo Speedway noting diffiCu'lty 'experienced 'bymotbrists traveling on' Duke Street in an.'easterly d'irection:being'able:'tosee approaching traffic on BUffalo Speedway because of large bak'trees whfchlihe:the west sldeof' , the easement. It was Chief Bryantl's recommendation to the Commission that a stop sign on-the west'side"of the intersection, should bep'laced approximately three feet from"the'west curb of Buffalo Speedway on the~s6uthwest'cornerof ' the intersection. Motion by Commissioner Stanley,secohdedbY'iCommissibnerThompson, that ,the recommendation of Chief Bryant in his letter of March 2, 1976, be accepted and a stop':sign"erected"apprbxili1ate'ly three feet from the west curb of Buffa 10 Speedway on' the" southwest corner of the intersection. . Voting Aye: All 'Voting:No:-Non~'~ In"a'ccordance'with the provisibns of'oil contractddated"February"25,'1976, ,for 'professional servi cesi n connect; on'with' the propos~d rehabiJ itation of Colonial Park, the Commission was presented an invoice for,retainer.feesin' the amount of $2,000.00 submitted by Mitchell, Carlson & Associates, Inc. .. .. ., , , . '.' ~ .. Following a discussion regarding the contract for services and the:'lack of expense involved by the architect for such services at the present time, it was the deCision or'the, Commission thatsuch-:olnvoice bEf retained until ex- penses are--incurredc byi' the architect:,' l .r ; ! An invoic:e'in the amount of$669.24'for professi,onal'servicesrendered by..': Mitchell, Carlson & Associates, Inc. in the preparation of an application to the Texas' Department of Parks & Wil d1-ife for: Bureau. of Outdoor Recrea'tioo' Funds was, presented' .for' consideration: : ' , ",' Motion by'Cotnmissioner'Thompson, seconded.byCommissionerdStanley, that Mitchell, CarlSon &; As.s'ociates, Inc'~ be pai d the~ sum of-'$669.24 for' professiona 1 services rend-er-ea in"th"e preparation of an application to: the Texas,Department of Parks & Wndlifefor Bureau' of Outdoor Recreation Funds~:' Voting Aye: All Voting No: None , _::::,mum , . [,. ' illWIUII!IIDI1'l :1 n,I1n--1. .II!> ': , ---':':.11]'1' _ J_ .lH i i I i r' I..) I T - -"] ;. d " ,....;,;;.;;,.;; '" -I ,16fi I ..L ".\1 The Commission was advised that the TO-158 Internation bulldozer used at the sanitary landfi 11 "was" in ,'needbf vahiousparts to ,.the under carriage to be rebuilt or replaced. .Estimatesfrom~the' manufacturer to' rebuil d: the fJ' tractor with all new parts for an estimated cost.of, $7~126.00 and from an independent tractor repair service to rebuild all usable old parts and re- place'new' partswhere"necessary at an estimated:cost'of:$3,300,OO were presented. . d . , '".- " " Motion by' Cornmissioner'-ThOmpson; seconded' by, Commissioner Stanl ey-, that the CltyMa'nager"be;:authorized:-to prepare--specifications for: repairs to' a' TO-158 International ,bulldozer and to advertise for bids"to'bereceived" by the 'City Commission on April 12, 1976. .. Voti'ng 'Aye;'- All Voting No~ ~None" The following letter from Mr. JohnH. Foxworth, Representative; West University Lion,ls Cl ub, was' presented to the Commi ssi on for consi derati on: II m~ar' Mr ~ Johnson ;" This--is,'to, confirm our. conversation of March 3,,1976 'in regqrd to the West UniVersity Lion's-:Club'working with' our Scout Troop and' the City of 14est Uni- versity Place-on a project'fbrolder residents. ' First; we'plan to'offer,'a cleanup plan'to.the senlorcitizens of the city every Saturday 'morning . ' Thi s 'activity would-, in'cl ude removing: dead 'vines' fronf fences, removing trash and other debris from each yard and bringing it tbthefront so that the city might haul it away. This service will be rendered only to the senior citizens'and'shut.::.ins who request it by mail. ' , In checking with' the insurance agent who has the "insurance, o'n the' Scout House, we are informed that' as long as we -are' invited on the' owners' property we -are protected. We will also get a letter of consent from the parents of our Scouts giving them permis'sion to help in this, project. We'fee1 that lhi's"plan will help 'oUr senior'citizen-s as well as be good training for the' Scouts and' alSo bring the West Uiliversity Lion"ls Club closer to the 'city for whidi we were named." " " , o We sincerely hope this will merit the approval of the City Council and yourself. We a!,e pr;ii.tilegedto' go:-towor~." "," . It was the concensus 'of the Commlssion tha,t the proposed project' of the West' Uni- versity Lion's Club will be of much benefit to'senior:c;,tizens":as well as the overall appearance of the city and 'that Mayor Wallin should direct a letter of approval fo!, the plan -'to: ~ecoordi'nated: ~hrough the ~irector of Se'rvi ce -to' A~i ng. An ;Agreementbetween -the ci'ty and Houston' Coca'-Cola Bottling Company for painting and advertising on the cityts elevated waterreservoi.r located on Wakeforest Street was presented to the Commission for consideration. It was noted that the agreement pro"i des for the' payment~ by' C6ca;-Col a Bottl tng Com- ",'pany the. ac-ttia 1'- confractedcost ',of 'repa i ilt;-ng- the' :i ns i.d-e ahd otltsi de surface' IU of the~water 'tower' or the 'sum, of $6,000.00, whicheverfigurei's smaller. . 'It ". was further noted that the' agreement i sfor an i niti:a 1 'term of fiVe years and provides f~r a~ automatic extension period of an additional five year term. n ~ C\1 ~ c.,:, :::: :::r:: [J t n ~ !t. ~!6~ JI:~. Jt I Motion by Cpmmissioner Thompson, seconded by Commissioner Stanley, that,the Mayor be authorized ,to ,execute an agreement with-Hou'ston Coca-Cola Bottling Company for ,p'ainting-andadvertising on the city_Is ,elevated water reservoir located on Wakeforest Street for a period of only fi'veyears with no provision for an automatic secondiff'ive year period. -%~,l: ' ' Voting Aye: All Voting No: None , Inasmuch as a request to advertise for,bids for re-p,ainting the city's water. reserNoirs was not' incl udedin the. posted Carnmissian agenda lit was, the, decision that'this item would be i-ncludedon the agenda' for a Public Hearing called Jar Monday, March 15th, to consider-an application' by Gulf Coast Cable. Television for a franchise for cable television within the,corpora~e l~imitsof the city" Following a concern expressed by the Commission regarding two truck purchased from Joe Myers Ford in 1975, one of which has not he Em delivered, C'ity Attorney Charles Cockrell advised that the city could sue for specific performance or , coul d advertise for" bids for del ivery:of another unit- and sue for the difference in price of the 1976 bid over the 1975 bid-, The City .Manager was requested to provide the Commis.sion ,a:tabulation !=If,bids recei,ved,inJanuary, 1975 as ,con;'_ trastedto,thosereceived.,for.a similar unit in January, 1976. Concern was, expressed regarding final arrangements that are to be made for, planned activities on April A, 1976, atwh.ich time the. City., of West Univer:sity will be designated as an official Bicentennial city,: Mayor Pro-Tern Binig ap~ pointed Commissioners Stanley and Thompson to meet with Bicentennial Committee Chairman John Burns fora bhieHng,on activities and report to the,Commission- at its s peG-i ill meet i ng 'on Ma r:ch 15th:. ' , . In regard to a concern expressed by Commissioner Dunn concerning the next order of- bus i ness in' the se,l ection of a ,Chi ef of Po 1 ice it was deci ded thi.s could be ad'iscussion i,tem,for the Commisstonfollow,ing.a public.hear-ing to. be held' on Monday, .Mard).15th. - .' .' . " .....' It was suggested that an item be included in the next issue of City Currents regarding theavaHability of home inspections by the Inspection Depa.rtment and activities of the Council on Aging. . ~ . .. The.commis~ion wasa'dv.:js:ed that delivery wasexp'e<;;ted,ofthe 1975 Audit on ," Tuesday" following which a-notice of bond ,sale and brochure would 'bepr~pared and it was hoped that $1,700,000 in,public improvement bonds {;ou:]d'~beoffered for bi ds on or about April 19th. It fs further hoped that a Commi ttee wi 11 go to ,New York abo:utthe16th .or .,}7th "of Ma,rch ,to, obtain :afavorabl e.bond ,ra,ting. It was the decision of':the Commission :that following sale of the. ponds, the, constructjon .of, proposed storm sewers 'wDuId be the firs,t .improvement_ project, ' · to commence. . ' '. An approximatel:osf.of,,$2 ,240 was .reported. to, th~Commi s~ioh as,a.' ~esult" ol a break in a 1211 nwater.' main. on Bissonnet Street.n Prev-;ious approval, had been . given' by. the G:i-~Y,Comnii-ssion, for the:,employment,of'Hpll<?~ay Cohstru~tion.col11pany on a force .account basis .to make repajrs etO. theli'neand:,B" P.,Construction..co. was,empl-oyed for:mu-dja~king the street.'.. '_' ~, ., Motion by Commissioner Stanley~ -seconded by Commissi,oner .Jhompson,thatthe?City "1'"""'''' ~.-...J.r _i-----.......l... _Lm~~LLJ 'I I 1 III. 'I :,illl L..L:mDlilllllmnr ' [, IImI'L I 'Iii , ,".....I!11l]llI ] " illlllll.!]..'!' 11 no:,1 JIV~-----rr-"~'------r '.I!J 1 ~JJII I, I r-- [i mI" 162 . it ._ .~, ~.l!_.. I I t I Commi 5s1on' approve for 'paYment ,ad 'lOvo; ~e' :from Ho 11 oway Coristructi9n Company in th~' amount of $568.66 forrepa~i'rs 'madeC'to. a,12ti'wa-ter maroon Blssphne't' I~I and'arl'lnvo',cefrom B. cpo Construction in the arriduntof,'$950;O..O for'inudjacking L~" on Bissonnet. ' " ,".. , ",,' I, Votin~ Ay~~All "Voting No: None The Commission wasreminoed of re~eipt of ~ letter jromMr. Jeffry Corbin, , Chairman; 'tngependenc~ Park Commhtee, expressing~ 'such-Committee's interest: ' in partic,ipating' in the 1 ntery.i ew and selection of anY a17chitect: ccinsiciered for. employment in conjun.ction with,the.development~of: Independence Park. It was' the ..deci 5:100-: of'. the' Comini ssi on:" tnai/'cpnsideration regarding 'the employ- ment of an architect for: In"deperidEmd~Park snou'l d' be delayed until a deter-' .. minatipn has been made as to the amount of funds available for such project in.order that the Camm; $s'lon 'can di rect. an ,arch; tect' 1'ri the 'sc..ope and scale o(.the project. ' , ,', ." ",,' rna~m-\l..~h ?s. th~,l ~75 :~~ai:~~hq;s' oeen"Ccomp.l ere'd~li will'. be~, necess-aryfor: tbe City ComlJlission toc9n$id~r~mployrn~nt__of an ,auditingffrm to" audit the citits reCords~ books and_accouhts for'the,year 1976. City Treasurer Robbie Barnett has recommended that anati'Orl-wide firrri'be' select~d iriasmuch as they are aware of muni ci pa 1 bookkeepi ng, procedures and records keeping and woul d be able to ,pro~jqe.a better, audit~ It was the. deci~ion.of the City Commfssion that the City Manager and City Treasurer be. instructed tocohtact interested auditing fi rms and request proposa] s :,' , ,," , '" '-, ' ,. ,. . . ~ ~ . . . The"Commission was provided a cost break-down indicating that publication of the 1974 Annual Report had a total estimated cost oT $2,801.04 and were advised that,cost for publtcatio~ of,the 1~75 report would possibly be more. . . I . ~ . Moti'on by, C~mmissi6ne'r Stimley,.. seconded by Coinmission~er Thompson'~ that the City Manager beautho'rized 'to adverfise for bids for the publication of an' Annual Report for the year 1975 with such bids to be received by the City Com- mi~~s i OD, on Ap.ri 1 12, ,19.76.. , , , Voting Aye: All Voting N~: None City, Attprney: Charl es "Cockrell advised the, Commiss,ion t.hat each had been pro- vided copies :of a letter froinHoustOllNatural G,a~advi~i,rig of ,a rate adjust'" ment to decrease the: current,domestl~~lty gate rate under th~' rules of the Ra{ir.qad Comrnission and the Clty"s'fril'nc.hise.' , , , ' " - . , , 'C'i ty AttorneY' Cockre 11. :rev1 ewed ,a 1 etter ad.dre,ssed to tQeCi ty Manager re- ga.rdtng, proper'ty lcic.ated"at 64.01' Westchester, being Lot 7, BlOck 29,. West University First Addition, where there is located a duplex as well as two two-story, garage apartments. Mr. Cockrell stated that it would appear from bui}di.ng p~rmits that the ~upl ex and garage apartment whi ch.. is entered from Duke Street, were non-conforming uses according .to the ,provisions of the Zoning " ,.Ordinanc.e wt)ere~,s: t~~e,garage' apartment ~ntere~ from .Wes:tch~,~ter Street was, in v,iolat.ibn .of'the ZoningOrdtnance inasmuch as it was co.nstructed in the latter part 'of 1938 subsequent to passage bf 'the'ZOning, Ordi.rliince. The City ,Manager was instructed to ,direct a letter to the mtner of the property, advising of . ,theQ.pi,ni~n of,~he_ G~ty, At,tqr.ney a~d requ:st,ing that hetak~ action necessary to remove the vlolatlon of the Zomng Ordlnance. \ o t o n '" N ~ ~ := ::r::: o ii L_ 16:I Attention of the City Commission was directed"to a provision in the Code of Ordinances which construes the fo110wing;to ~e10yd, disturbing and unneces- sary noises in violation of the Code: liThe erection, demolition, alteration or repair of any bui1diR~ in a residential or busineS~tdistrict other 'than between the hours' of 7:00 a.m. and6:00"p.m. on week"days.. ~.. II. It was noted that this not applicable inasmuch'as we~k-ends ~ere the only time available to many home own'ers to make repairs to their homes~ :TheCity Manager was instructed to include this as an agenda item forthenextregu'lar meeting of the City Com- mission. ' The'Gommission was advised that notice had been-received from Banker's Life Insurance Company ofa proposed 58%; increase 'in hospitalizationc'overage for city employees and study would be necessarY'by the'Insurance Committee for a recommendation. ' Members of>the Commission were' adVised that a Public Hearing had beenschedu1ed 'by the' Harri s-Ga1 veston 'Coastal sub--s-idEmce-Di strict ::6n March 19~,_:T97o~~_~egi nni ng at 10:0~a~m. at the offic~of th~ Harris-Galvesto~ Coasta1;Subsia~rice'District to consi~er the city's application fora.permit to drill ?n,additional water well. t. " Minutes of ther~gularmeetingof' the Zoning Board of Adjustment on Thursday, February 26, 1976, were presented to the Commission for their information; Minutes of the' regular meeting of the City Commission~ on February 23; 1976 and a recessed meeting on February26~ 1976, were presented'for consideration and the fo11owihgaction taken. Motion by Commissioner Thompson,' seconded byC6m- missioner Dunn, that mlnutesof the'regu1ar meeting of: the CitY Commission on February 23, 1976 and the recessed meeting on February 26, 1976, be approved as submitted. '", ,. ' Voting ~y~: All ,." Voting No: None . i With no further business' to come: before the Commissionatthi-s' time, upon motion duly made, ~econded and carried the meeti~g adjourned at 11:~5 p.m. G;..Q,u~...J '. . ayor., f ATTEST: ~, ~~ . { . .' " ' /.2.' /. / ' AsSlStanity e~ sO: " ~ ,-.-,--.-:1. _ ----'--..~ _~ __ 'I . till ~- H-t:1lllI1Inrnl:nJll1Ir I - 1 Jrrnrl" II. ,PIUI 164 l . I IDlIll1Iml. ~ [[[[I IU I"--ur n2[T'~ II ' ___~ ',. '-CHY COMMISSION'PUBLIC HEARING , 'March'15,' }976 ' '- The City Commission"convened in special session 'at the City Hall on Monday; March 15', 1976,7:30 p;'rn. ,:wHh' the following members present: Mayor-Wal.1iR, presiding;--CommissionersBinig, 'Stanley,'and Thompson,' The, City Attorney and City-Managerwerealso"present; 'Commissioner Dunn, was out of the city, Mayor Wallin announced that the City Commission would hold a Public Hearing ca-lledforthis date and'hour.to 'hear andconsidera-:proposed non..exclusive' franchise,'for ,the -Gol f'Coast Cabl e-Televisi on' Company to'serve the res idents of.. the City of"West, Uni versity 'Place',' Mayor Wallin ascertained from the secretary that Notice of Public Hearing was 'published in the Southwestern Argus on Feb-ruary26,1976-; and Notice of:Meet- ing hadbeen:posted' in;'the"CitY:Hal1"on"ThursdaY';'March 11-;'1976'; ,thereby ful- fillin~all~'legal'requirements'for the 'holding' of the' Public Hearing: Mayor Wallin administered the Oath to all persons in attendance desiring to spea'k, for or' against the'proposed non":'exClu's'ive 'franchise for the 'Gulf Coast Cable'-TeleVision:-Company. ' , Mr.-- Cl ive' Runnel 1 s'; General, Partne'r',- Gul f Coast Cabl e Tel evisi on ;adv-i sed' those' in attendance that" i '0 'accordance with the. ru'l es promul ga ted by the Federal Communications 'Commission to' obtain- a non-exclusive' franchise for cable televis'ion setvrce it'wasnecessa'rythata PUbl1c Hearing-beheld-. , . . ~ ~ Mr. Runnells stated that he had been in the Cable Television industry since' 1956; presently owned cable television stations in Nevada, Missouri, Bay City, Texas and Wharto'li, Texas, and was a general partner in the Gulf Coast Cable ' Television Company, which was owned by a group of very diversified business men 'whose desire Was to bring cabletelevisionservice,tb the'people. ' Mr. Runnells pointed out to those in attendance that cable television was only a service organization and that residents would have an option as to whether or not they availed themselves of the service. He further pointed out that in add',ition to additi()nal prpgramming being provided through the cable tele- vision serv'ice' better rec!=pt:ion would result on other television channels. Mr. Don Loggins, Manager of the Gulf Coast Cable Television's Bellaire Cable Television, demonstrated to the audience the converter used by such company as well as reviewing the procedure followed in the installation of cable service into individual homes. In response to a question from Commissioner Stanley regarding the necessity o'f providi ng a Pub 1 i c Access channel in conformance ~I'i th requi rements of the Federal Communications Commission, Mr, Loggins and Mr; Runnells explaihe~ that the only'-diff~cBiltty. that had been encountered with such provision was the lack of use and that such channel would indeed be of community service if used for "in-home" study courses. Mr. Shelton Miller, 3835 University Boulevard, asked if only those persons subscribing to the cable television service would be connected into the system and what charges would be made for this service, -: i j /- ~ .:".,' . . :., J u [ ~ C\) ~ ~- 0::' =:: [J 1 i "~oct); Mr. Miller was advised that cable television service was optional to residents and that the, franchise agreement included an initial $25.00 installation fee (which is generally waived as part of the initial promotion of the cable tele- vision company going inte a new area); $7.50 per month fee for cable television; $4.95 fee ona monthly,basis for a movie channel; al')d an additional $2.00 per month being charged Ujr'each additional set connectE!tl into the cable television service., . , '1 - Mr. . Runneflsslated that'a'i -the present time there are l,400 subscribers to the Bellaire Cable Television service with 986 of those subscribers also being on the movie channel. In response to a question from Mr. Miller regarding money the city would derive from the service, it was explained that the City of West University Place would be paid 3% of the gross subscriber revenues received by the Gulf Coast Cable Television Company.' , . n _ ~ In response to a question from Mayor Wall fn 'regar(fing"-i~stallation service into a residence with underground utility service, Mr. Loggins explained that service from the circuit on utility poles was provided underground where requested and that utmost consideration was given to the beautification of homes where service was installed. Mr. Tom Conner, 2628 Sunset, stated that he had lived in a city previously which had cable television service and he would like to urge that the City Commission approve the service for residents inasmuch as it made all recep- tion much better; would provi,de a service to West University residents that is unavailable to residents of the City of Houston and would provide a channel for local activities. In response to a question from Commissioner Stanley regarding the number of complaints that could possibly be expected from residents concerning the showing of IIRII rated movies in the middle of the day, Mr. Loggins advised that the first showing of all tlRII rated movies was at 7:30 in the evening in order that parents would have control of the situation. There were no person in attendance at the Public Hearing desiring to be heard in opposition to the granting of a non-exclusive franchise to the Gulf Coast Cable Television Company for providing cable television service to residents ,of the City of West University Place. ' Motion by Commissioner Thompson, seconded by Commissioner Binig, that the Public Hearing be closed. Voting Aye: All Voting No: None It was the decision of the City Commission that an ordinance grantlng a non- exclusive franchise for cable television service and an additional ordinance setting rates to be charged for such service be placed on the City Commission agenda for consideration at its regular meeting on Monday, March 22, 1976. (: With no further business to be considered at this time, upon motion duly made, L' i" .L~_ , L J 1'1 m, I [.illl Ll: Ii 1llTIllllilllllffi . T 1[[JIliI'L . _ l r,T-:1..... , .' , ............JII' J Imllll , II, II ,IUIIII~~I~U.JI,:! llUl, t66 e-JI;, ' i r UlL I IW II ~ seconded and carried, the Publft.Hearing adjourned at 8:15 p,m. "., " '.!.'- , ,.. 0 r,- : . '. ~\ . ' ':' . " ...., " ' - .... . ATTEST: " ~,~~, Assistant CitY,Sec17et.~ry " " , , u ... 90uQ~J))A-) :"-..:" o u n C"j C\l ~ ~' :r:: :t:: o u I~ -(i C/'1 1 \f)~:,. , i SPECIAL MEETING OF CITY COMM1SSION March 15, 1976 The City Commission convened in special session at the City Hall on Monday, March 15,1976,8:30 p.m., with the following members present: Mayor Wallin, presiding; Commissioners Binig, Stanley and Thompson. The City Attorney ahd City Manager Were also present. Commissioner Dunn was out of the city. In accordance with a previous request of the City Commission the following comparison'of trucks purchased for the 'Sanitation Department ih January, 1975 and in January 1976, was presented for consideration'.' " Unit. #8 ' Low Bidder - Joe Myers Ford Base Bid Escalated price increase $'9.744.61 1 , 514 . 58 Total Price '$ 11,259;;19 General Specifications: 1976 Model Ford 635 cubic inch'displacement, 175 h.p. "Tires 'with tubes, 900 x 20 - 10 ply. 23,OOOGVW Unit #11 Base Bid ' Low'Bidder- South Loop Ford Truck Sales, Inc. '$ , 11 , 027~ 50 General Specifications: 1976 Model Ford 63S'cubic irlch displacement, diesel engine; 175 h.p. Tires with tubes, 1,000 x 10 - 12 ply '27,000 GVW ' With the larger tires and heavier frame, specifications vary between the two units. . , It waspoi'nted out to the Commission that'there was approximately $300.00 difference, in the two ,units in 'only the, c'ost of'tiTes that were to be furnished on the unit.' , , .~ \ , ". >'\ " Following a general discussion regarding possible suit against Joe Myers Ford for delivery of the unit on which a bid was acc'epted '-;n 'January, 1975., the" ' Commission was advised that records should be cleared with regard to the matter. Motion by Commissioner Thompson~ seconded by Commissioner Stanley, that the matter of Joe Myers 1975 bid for delivery of a truck for use of the Sani- tation Department not be pursued any futher. Voting Aye: All Voting No: None r' TT-:-l ..JII' 'I I'll 'It I1Immlllilllllf '11 III ITol , 1-1 ili : 1.H~jll ,I 168, jUI~II~~I~UJ!I,'lJllW ~I( , ':I! Uj,I__ ~I i ~J The Commission was advised'that the--sum of$25~000hadbeen provided in the 1976 Budget to paint all five (5) of the city's water reservoirs, and that in the interest of weather conditions and the need for completion prior to high water usage in the summer, a request was presented to advertise for bids. . " The City Manager stated that he had contacted two individuals'with regard to assistanceih the p'repar-ation of sp'ecifications for use'of an epoxy or acrylic coating to be submitted to bidders as an alternate. , . I . .... ~. . . Motion by Commissioner Stanley, seconded by Commissioner Thompson, that the City Manager be authorized.;to prepare-s'pecifications for cleaning and paint- ing the city1s water reservoirs with assistance of his consultants, and advertise for bids to be received by the City Commission on April 26, 1976. Voting Aye: All Voting No: None A schedule for the sale of $1,700,000 public improvement bonds was presented to the Commission. It was noted that financial, advisor Marvin'Moreland would appear before the Commission at its regular meeting on March 22nd for the pre- sentation of a prospectus for the bond sale: If approved by the City Commis- sion the prospectus would be printed in final form for submission to the rating services. " Assuming that there are no delays encountered in the proposed schedule, it is hoped that conferences will be held,"in NewYork'with representatives of the rating services the week of March 29th'~nd the bond sale held on Thurs- day, April 8th, 7:30 p.m. In response to a question from Commissioner Binig regarding notification to prospective bond buyers, the CitY'Mana'gerstatedthat'letters would be mailed to interested bidders and an advertisement of the sale would be placed in the Bond Buyer, which is a trade journal followed by all purchasers of bonds. With no further business to come before the Commission at this time', upon motion duly made, 'seconded and carried, the: meeting recessed at 8:55 p.m. , . In accordance with a previously posted notice, the City Commission reconvened for the'purpose of the selection of a Chief of Police. , ' The merits of ' the final two (2) candidates under consideration ,were discuss:ed at length~ After considering the Police Department structure and objectives for the best interest'-of'the Department and citizens, the followingaction'was ' taken': Motion by 'Commissioner' Sfnig,: seconded, by Cbmmis,sioner Thompson, that - Acting Chiefof Police James O. Bryant be appointed as Chief of Police De- partment at a salary of $16,500 annually to include longevity, merit and base pay, and that th"eappbi ntmeht become effective March' 16th and that he be - administered-the 'Oath of Office'on that date. ' Voting Aye: All Voting No: None !;~~~<!T 'f"1 I. d.,,~ k, ~ >';"-. u :: ' j ", o u n M C\l ~ ~ :r::. :c o u f~69, ' With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned. ATTEST: ~I ~t!2~~:~~:- Assistant 'City 'Secretary: " ,- . . . -:" 1}:t<\" ~~ (U~: ~ ,::...' ,,:-Mayor ," . .. ~ . .. . - . . .. t.,. ,- . ,., ., - . " \' ---'-"'.1. _ll~~jlll 170 I jUIIII~IIIILIHl_' .1111111 m 1'1 ! II ! WJf__J I~,., REGULAR MEETING OF CITY COMMISSION March 22, 1976 -~ .-~ _. "*>;"." .' ~'. . -' '-.'. "';;. . The City Commission convened in regular session at the City Hall on Monday, March 22, 1976, 7:30 p.m., with the following members present: Mayor Wallin, presiding; Commissioners Binig, Dunn, Stanley and Thompson. The City Attorney and City Manager were also pre~ent. The Invocation was pronQunced,by MaY0~ Wallin. ", .." . "" .:"', :..~, ,":;.~" ..:~. ,~:,,\ '~)<, .,' . Mr. Marvin Moreland of':More1and, Fosdick, and Greer, the firm serving as the city's financial advisors in conjunction with the sale of $1,700,000 public improvement bonds presented the Commission a prospectus that is to be presented to rating services to obtain a bond rating,p~ior to the sale of the bonds. H~~,- Moreland stated that the bonds would be advertised in the next issue of The Bond Buyer and that notices of the sale would be mailed to interested bidders. >, Mr. Moreland directed attention to the Comrnission 'to ,a'reyised ,schedule, of ma- turities which would retire the bonds in seventeen (17) year.s: rather than'the"' original twenty (20) years that had b~en proposed, noting an estimated interest savings of $197,625.00 on the life of the bonds and a more marketable position for sale of the bonds. Motion by Commissioner Stanley, seconded..by Commissioner Binig, that the City Commission authorize the official Notice of Sale of the bonds to be distributed to interested parties and an advertisement as outlined in the Texas Bond Reporter serve as such other notice as is necessary, including the presentation to the rating services and whatever other notice is necessary for a valid sale of the bonds on April 8, 1976. Voting Aye: All Voting No: None Mr. Moreland suggested to the City Commission that a delegation consisting of Mayor Wa 11 in, Ci ty Manager Whi tt Johnson and he go to New York Ci ty on Thursday, March 25th and meet with representatives of Standard and Poors and Moody'sInc. on Friday for the purpose of representing this city anp presenting data con- ce~ning a bond rating. City Attorney Charles Cockrell read the following Proclamation designating April 4, 1976, as Bicentennial Flag Day in the City of West University Plac'e: WHEREAS, the year 1976 has been designated as the Bicentennial Year of the United States of America; and WHEREAS, the City of West University Place has been designated as an Official Bicentennial. City; and WHEREAS, there shall be displayed at various points in the city dis- tinctive flags commemorating the Bicentennial year; and WHEREAS, to accord official recognition to this memorable occasion, and to the patriotic exercises that will form a noteworthy feature of the occasion, seems fitting and proper. . ~ . ~" ...j ',I , I.", . J .. i. , J.<...~,x.,,,,,"_ u o u n ~ N ~ ~ :::' :r:: Q- [j I~ 1';: f'11: ' ..I~. :.1} ~ NOW, THEREFORE, I, Paul Wallin, Jr."by'virtue 'Of the autharity · vested in me as Mayar 'Of tHe," City 'Of West University Place, in the State of iexas, dahereb~ proclaimt~,ed~te, of:APr:i1 '4, ~976,,'as, -- BICENTENNIAL> FLAG :DAY in the City of West University'Place, Texas ,and urge 'all 'Our citizens ta attend the special celebrationceremonfes ''Of 'theday;- and , " '1, further desi gnate Univers:ity Boul evard from, Kirby Drive to Auden ' Street as "Colanial Road" ta be decarated with Calanial flags, and'Suffalo:Speed- way from Bissonnet Street to Bellaire Boulevard is designated 1'lAvenue of States" to be decorated with flags,o~'the ficfty s~ates! '-, , > , ,- IN::WITNESSWHEREOF; I havehereunta set my ha'ndand caused the'seal 'Of the City 'Of West University Place', Texas, ta be affixed atWest:University this 22nd daj 'Of March~ 1976. , , Mr. Mike Parks ,Chairman, P'arks and REkreati on 'Board ,a:ppearedbefare the Com- mission to present his resignation as Chairman -'Of: such Baard. Mr. 'Parks stated: that it was his belief that it would be in the best interest of the Baard and the city ifa new chairman,'was appa'int'edin 'Order to 'provide continuity for'mem- bership on th~ ~oard. ' , ; t~otron bj Commi ssiOner' Binig, seconded' by. 'Commissioner ,'Stanley, that the City Commissio'n reluctantly~accept the r>esi'gnation 'Of Mr. ~Mike Parks,as ehairman 'of the Parks and Recreation Board.' , 'Voti n'g Aye :'A 11 Voting No:' Nane' Following a request by Mr. Parks that a new Chairman be appointed as soon as possible in order that the Board 'may. proceed with many impor.tari-tproje,cts, and noting that the Ordinance approved by the City Commission provided that the Commission "mayll a'pp6fnt a Chairman of' the Parks and 'Recreation'Boar.d, but was not required to do ~so, ':it was' thedecfsion' of the Comiiiission that the Board elects its own chairman' from its member.ship. ' " , Mr. Clive Runnels andMr~'Don Loggins of the'Gulf Coast Cable Television Com- pany appeared before''theComriiission iri-hehcilfof 'their .interestinbeing grant a non-exclusive franchiSe tofurnish'cahle television service to the r,es.i dents of__~est Un,i~~rsity. , " > Mr. Runnells reviewed regulations of the Federal Communications Cammission which require that on March 31, 1977? any city receiving in excess,of 3% of the'annual gross receiptsmtist justify the-reason far any additional fee (whatthecity,is doing "bY way 'of its .regulatory'program.) Mr. Runnels-also..' revi ewed pl ans of' hi s company to negoti ate fh:inchi ses' at thi s time that' wilL not require revisions and the legal fees that will ensue under the FCC regul~- tions that will become effective on March 31, 1977. , - . Following a discussion by'members of the C6mniissionregarding having been pro- vided copies o~ the proposed franchise ordinance shortly before the meeting and a ,desire to further; studysuch':ar-dinancepriortoconsi deratian, it was decided that ' this consideration' shoul d :oe'incl uded in the' Corill11issi on agenda r -, nr:, Ilrl,1 L, I' :~Ir 1111111 1I11lllllllllllUlm I I I IE ,IJ j~~jll ~ ......~:>> .t i, JJ. Imlllllllll~lllll.'~ IIIII1 III L1j' _ ~.~~ll~J ] ~.~:~~ -.r. U ' '". ,-'~., o! n, "t.;;;, . . ,I for itsriext regular meetin~'onApril12; 1976. . ~ . , . The CommiSsion was advised that consideration should be:~iven to.certain changes in the air conditioning system of the City Hall in order to provide better cool- ing of the area used for operation6f computers: It was noted that adequate ducting and dampers would cost from $800.00 to $1,200.00. It was noted that adequate space ~was not avail able within'the buHd-ing "to properly," house employees and reproduction equipment and consideration mightbe.in order for an addition, to the building, with necessary heating and cooling facilities. The City Manager was instructed 'to contact an engineer prior' to 'presenting a recommendation to the City Cbmmi ssion; , , .. Plans for lighting the City Hall parking lot-and front entrance to ~he building' were presented to the Commission for discussion noting that it would require approximately'$2,500 to light the parking lot-and a cost of approximately $500 would 'be requiredtoemploy'anengineer to provide the plans needed,.for the pro- ject. Members of the Commission stated that such services were available through suppliers of equipment necessary for such construction and the City Manager was instructed to contact representatives of Wide-Lite, General Electric, Crouse Hinds fbr assistance with the project.' Chief of Police James Bryant appeared before 'the Commission to request that the: compl ement of personnel of the Department be changed to el iminate the two pos_i- tions of Lieutenant and create a fourth Sergeant~s position. Chief Bryant stated that it was;hi's beH.;efthat such personnel changes would streamline the Police Department and prov-Mie'better super,vision in the field. Chief Bryant stated that at the present time none of the Sergeants in. the Police Department were capable, qualified or interested in becoming Lieutenants, and if in the future there was a need for such position he would request that it be re-estab~'- lished. Ordinance Number 1061 It/as presented to the Commission and rea'd in full: AN ORDINANCE' AMENDING THE CODE OF 'ORDINANCES OF THE _CITY .- OF WEST UNIVERSITY PLACE, TEXAS, BY AMENDING SECTION 19.:.1 TO ELIMINATE THE POSHION OF LIEUTENANTS IN THE POLICE DEPARTMENT; TO INCREASE THE NUMBER OF SERGEANTS IN THE POLICE DEPARTMENT FROM"THREE' (3) TO FOUR (,4);' TO PHASE OUT'THE PATROLMAN CLASSIFICATION II 'DURING THE. YEARS 1976'AND 1977;" AND PROVIDING 'AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Paragraphs (a)(l), (b)(1),'(c)(1)(2), and (d) of- Section 19-1 .of the Code of Ordinances of the City of West University Place is herebyamendedis.o'that such:Sectibn and paragrapsh shall 'hereafter read as foll ows: IISection 19-1(a)(l), The position' of Lieutenant heretofore existing in'the Police Department is herebyabolished,1I IISection 19-1'(.b)(l}.' There is hereby created four (4) positions in the Police 'Department to be intermediary between the Chief of Pol-ice u 10 ' ! _c u u ~ N co '~ == ::::t::' [l u l,~'3, ' and the Patrolmen. The hol der :of such position sha 11 be known "as Sergeant of the Police Department and his authority shall supercede that of Patrolman. II ' ,,' , x~;' - IISection '19-1 (c) OJ (2).' The position of PatromanClassification II heretofore existing in 'the Police Departmenl'shal'-be phased out in its entirety'dtiring the years 1976 and197T.'t IISection 19-1(d). Full complement of personnel. The total comple- mentof personnel' of the:P61ice Department of tne City'of West University Place, Texas, shall hereinafter consist of the following' Chief of Police, four (4) sergeants, eleven (11) patrolmen, four (4) 'radio dispatchersan'd two -(2)' school patrolinen', making a total of twenty-two' persons, and such other persons' as theJCity Commission may, by ordinance, from ti,me to time designa~e." Secti on 2. Thi s ordinance :s'ha 11 become 'effect; ve from arid after its passage and approval as requ.ired' b~' 1 aw':', PASSED 'AND APPROVED thfs , 'day of, 1976. Motion by Commissioner Binig,seconded bY Commis'sioner'Stanley, ,that' Ordinance Number 1061 be approved as read. Voting: Aye:' Binig Dunn Stanley Thompson Voting No: Wallin The Commission was pre,sented ;a recommendation from Chief of Police James Bryant that the 3600 block of Rice Boulevard, on the south side, be designated as a" "No Parking" area. Chief Bryant~s recommendation cited the dangerous situation caused'when automobiles leave the drive-in window of the :First National Bank and cannot see traffic approaching from the west on Rice Boulevard because of cars parked west of the driveway. ' , Motion by Commissioner Thompson, seconded by Commissioner Binig, that the rec'ommeridation of - Chief' Bryant be' accepted, -and 'the south side of the 3600 block of' Rice Boulevard be designated as a UNo 'Parkingll area and the curbs be pai~ted'to designate such area rattier than use of conventional "signs. Voting Aye: All ;' Voting No: :None - The City Commission was advised by the City Manager that he was experiencing some difffcultyin advising'residents concerning the policy of removing trees from city property 'and' from in' front' of res,i dences. Requests have been re- . ceived for ;the removal of bea'utifiJT oak trees'for construction of circular driveways and where trees of- various'specieswere:breaking sidewalks and drive- ways. The Commission was requested to set some policy or guidelines to be fo 11 owed in the removal of trees from ci ty property. . After - di scuss i ng advantages ;and' d',isadvantages :of such requests bei rig handl ed under the same guidel ine's 'as opposed:toeach 'case being given' individual con- sideration, it, was the deC'ision of the City Comm'ission ,that such requestsre- main administrative decisions. r~ . L .r-- I. ~.J. _...:._L.....__,L.~.-- . L:-r:jr~~----'__.__L_______________~L..............II 11LlIl[ w:ll.l IJIIllillIlIIu.mr 1 1l[lIIr i.L. . ':J "IlII:lIlJ I illlDIIIIIIIIIIlII,lJl.l1 !LIIIII. ' 'Iii" LJ!J'l .~II.I 'r---I - 1'- -~'1" I. ,._." 114 ....",...' Ordinance Number 1062 was p:resented -too-the C-olfJmission and read in ,full: AN ORDINANCE AMENDING SECTION'15-2(g) OF THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS - BY 'CHANGING THE'HOURS AND' ~DAYS WITHIN' WHJCH"CERTAIN . . CONSTRUCT:TOW'WORK CAN BE DONE' FROM 7: 00 A. M.- 'AND 6:00 P.M. MONDAY'THROUGH -SATURDAY;- AND PROVIDING AN EFFECTIVE DATE. 'BE IT-ORDAINED BY THE 'CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE,' TEXAS: Section 1.' T'hat Paragraphrfg)" of Sect.ion 15.2 be', 'and :it,is hereby, amended so thattiereafter' said Paragraph shall read as'follows: " , I' '/,". IISection 15-2(g). The erection (including excavation), demolition, alteration -or 'repair of any." building i'lia residential 'or' business district other than between the:hours of 7:00 a.m, 'and 6:00p.m., Monday, Tuesday, Wednesday, Thursday, Friday and Saturday, except - in case of urgent 'necessity in the -i'nterest of public safety, and then only with a permit from the city commission, which permit may be renewedfor'a period of three (3) 'days 'or' less whire-theemergency continues." " -.'" ',o, i Section '2.,' This ordinance shall take effect and;be in ,force from and after its passage and approval as required by law, PASSED AND APPROVED this day of 1976. o o eMotion by Commi'ssioner-Ttiompson; secondedcby Commissioner'Binig, tliat :Ordinance Number 1062 be approved as read. . , Voting 'Aye: ' Bi'nig Dunn Thompson Wallin : Voting No: 'Stanl ey A request was presented to ,the Commissi'on for permission to adverti'se: for bids for a lel ecare Ii unit for :use' in the cityts amnul ance in' conjunction with para-medic 'tra'ining for menibers'ofthe ,Fire -Department. The 'Commission was advised that a meeting had been held with Dr. Lowell Baker and it was his re- commendation that'the city purchase a Terecare II unit as ,opposed to the Tele- care I unit. Motion by'CommissionerStanley, seconded byCommissiotierThompson, tliatthe' City Manager be authorized to prepare specifications ar'ldadvertise forbids for a unit'alongtlie'line of a' Telecare I-!'telemetry system, with bids'to be:received by,the City ,Commission :on,April '26, 1976. Voting Aye: All Voting No: ,None The Commission was adv'ised that it :was necesSary, in-the absence 'of Muriici,pal Court ProsecLitor Tom-'Clarke, to find an 'attorney to 'serve as 'Municipal Court, prosecutor and consideration Should'be gtven'tottie:appointment of someone L u ~ C'J' ~ ~ - ...... ::t:: o n l.1!i . , to serve in this capacity. ' Motion by Commfssion'er Thompson, seconded by'Commissioner Stanley, that the City Attorney and City Manager'make arrangements for~~rr Assistant Proseeuting Attorney when such need arises. Voting Aye: 'All Voting No: None A request was presented to ,the 'Commis.sion,to advertise for 'bids for 700' feet of 1~1I high pressu're hose for lisewi th the city ts' 'sanitary sewer jet machine. It 'was noted that the machine 'was purchased" in 1969 and the Hose had been replaced one time. It was further noted that the machine is in almost daily use by the Sewer Department in cleaning out sewer lines. I Motion by Commissioner Thompson, seconded by ,Commissioner ,nunn, that the' City Manager be authorized to advertise for bids for 700t of 1~1I high pressure hose 'for 'use with<the city ts 'sani'tarY sewer. jet machi'ne with bids to be received by the CitiyCommiSsion 'on'April 26, 1976. Voting Aye: All Voting No: None After a general discussion. regarding_,actlonof the City of Katy in not .payin.g a permi t fee, to. the Harri's.,.Ga,lveston Coas1ta 1 Subsi dence Di stri ct for operation of thecity's water wells, and payment now being due on West University's permit fee in the amount of $8,992.64, it was the decision of the City Commission to include this item on the agenda for the next regular meeting of the City Commission on April 12, 1976, and the City Manager was instructed to contact representatives of the Village cities and Southside Place to determine the course of action those municipalities planned in regard to the permit fees. ' - A registered letter received from Extex adVising that they had taken over the distribution system of Houston Natural Gas Corporation was prE!sented to the Commission. It was noted that the city's _franehise,agreememt wtth Houston " Natural Gas would expire in July, 1976 and it was suggested'that Entex repre- sentatives be contacted with regard to their plans for re-negotiating the franchi'se. Zoning and Planning Commission minutes of the regular meeting on March 9, 1976, were presented to'the Commission for their information. Minutes of the regular meeting of the Electrical Board on March 15, 1976 were presented to the Commission for their information. Minutes of the Safety & Accident Review Board on March 9, 1976, were presented to the Commission for their information. Minutes of the regular meeting of the'City Commi-ssion on March 8, 1976, were presented for consideration and the following action taken: Motion by Commis- sioner Binig, seconded by Commissioner Thompson, that minutes of the regular meeting of the City Commission on March 8, 1976, be approved as submitted. Voting Aye: All Voting No: None r ,', '----'-III 11111lI1--IIIJllllillnnUlnr I [[filii T,-' -r,r'l "~I .JII ",'] ,llm 1.7-6 illlDIUIIIillIlI!IJICTI m[']ll ' IlIr Lil!JJ 1_-1~_ ~-,-- L_: I LF' "" 1 " ,,"~ i' ,j Minutes of the public hearing held by the City Commission on March 15, 1976, were presented for consideration and the following action taken: Motion by lJ Commissioner Thompson,: seconded by 'Cammi ssion-er' Stanley, , that minutes of tne public -hearing held by the'CityCommission on>March 15, 1976, be approved as submitted. ' Voting Aye: All Voting No: None Minutes of the" Speda"l "meeting "of the CHy'Commissionon March 15,1976, wer.e presented' for" "cons.ideratton and- the'f(>11 owi ng acti on taken: .' Moti on bY Commissioner Stanley.; seconded by Commissioner Thompson, that minutes of a special 'meeting of the City' Commission on"March 15, 1976, be approved as submitted. ,,' . Voting Aye: All ' Voting 'No: None ~; t,' With no further Dusinessto come'before:the Commission 'at this time, upon motion duly made, seconded arid carried; the meetirig adjourned'at 10:30 ~.m; ~ ..;. ." .;~ G.j2w;~~ " ..,', ,Maror '(,' ATTEST: o ~~~'_./. Assistant City Secretary' .. :" u u ~ C\l c.o ~ :::: :c o n 111 CITY ~OMMISSION SPECIAL MEETING Apri 1 8,1976 The City Commission convened in special session at the City Hall on Thursday April 8, 1976, 7:30 p.m., with the following' members"present: Mayor Wallin, presiding; Commissioners Binig, Dunn and Thompson. The City Attorney and City Manager were also present. Mayor Wallin announced that the rrieeting had been called to receive bids for the sale of $1,700,000 General Obligation bonds, Series 1976, approved by West University voters in a Bond Election on February 10, 1976. Mayor Wallin ascertained that all legal requirements had been fulfilled for holding the meeting. Bids received for purchase of City of West University Place General Obligation Bonds, Series 1976, were opened and the results announced by Mr. Marvin More- land of Greer, Moreland and Fosdick, the city's financial advisors, as follows: Bidder Maturities Coupons Interest Cost Effective Interest Rate Bank of Southwest 1977 5,50 GIC 741,450 4.8454% 1978 5.50 PREM- 102 1979 5.50 NIC 741,348 1980 4.75 . I 1981 4,10 I , 1982 4.20 1983 '4;-3'0 1984 4.40 1985 4.50 ,1986 4.60 1987 4;70 1988 4,80 1989 4.90 1990 5.00 1991 5,10 1992 5.20 1993 5.25 First National Bank of 1977 5.75 GIG 751,050 4.90773% Da 11 as 1978 '5.75 PREM 167 1979 5.75 NIC 750,883 1980 5.75 1981 5.25 1982 4.25 1983 4.40 1984 4.50 1985 4.6'0 1986 4.70 . 1987 4.80 1988 4.90 1989 5.00 1990 5.00 1991 5.00 1992 5.00 1993 5.00 ~L.L- J~ I I I ~I[" ~- c"l.l_L.............. I III 'ItWlll t;j,]i[!jlllllllllllDRm: 1][[.11][[' 'L,- .: ."..'..,lllrlll [ ]]]!DllIIIIIIIIlEIlll.:TlIIIIJU, :J[I' LlJT1- " ~,---- 'C '..J l.I no] , ,[ I 178 Bidder Maturities Coupons Interest Cost Effective Interest Rate First City National 1977 ' , 5:25 GIC 735,400 4.806536% Bank of Houston 1978 5.25 PREM -0- 1979 5.25 NIC 735,400 U 1980 ' 4.75 1981 4.00 , 1982 4.10 ' 1983 4.25 1984 4.40 1985 4.50 1986 - 4.60 1987 4.70 1988. 4';80, 1989 4.90 1990 5.00 1991 ,5:00 ~'.i. .. 1992 5.10 ' , 1993 . 5.25 - .. ,:... ;. -.....::,.. ~~ .;.. First National Bank of 1977 '5,.60 GIC 743,200 ~_.:::. ~ West University Place 1978 5.60 PREM -0- 4.857516% 1979 5.60 NIC 743,200 1980 5.25 1981 :4.10 1982 4.20 1983 4.30 1984 4.40 1985 .4 . 50 1986 4.60 0 1987 '4 ; 70 1988 4.80 1989 4.90 .1990 5.00 1991 5.10 1992 5.20 '1993 5.20 Merrill, Lynch, Pierce 1977 5.50 GIC 751.450 Fenner & Smith 1978 4.40 PREM -0- 4.911438% 1979 5.50 NIC 751,450 1980 5.50 1981 5.50 1982 '5.50 1983 5.50 1984 5.00 1985 4.60 1986, 4.70 1987 4.75 1988 4.90 ,1989 '5.00 1990 '5.00 1991 '5.00 1992 5,00 0 1993 4.00 ,.,'J",JlII'llll ]]]!UIIIIIIIIIIIIlWI-JJIIWJU, III,' LI!]:L-':_~' ~~~- L_:_I_I r . 1 h _.......~~, 180 ~', ' ,. Bidder Maturities Coupons Interest Cost Effective Interest . . . . . . . Rate . ~. ... '!;: ... ' , , '- .. '" ... ~ ... " "'- .... ~ Texas Commerce Medical 1977 5.70 GIC 741 ,800 lJ Bank 1978 5.lD PREM -0..;. 4.848% 1979 5. TO NIC 741,800 1980 4.2'0 1981 4.2'0 1982 4.2'0 1983 4.3'0 1984 4.4'0 '1985 4.5'0 1986 4.60 '1987 4.7'0 1988 4.8'0 , 1989 4.9'0 .. 1990 5.0'0 1991 5.1'"0 1992 5.20 1993 5.3'0 Underwood Neuhaus and 1977 5.75 GIC 751,600 Company 1978 .5.75 PREM, ,. -0- :4. 912418% 1979 5.15 NIC 751,600 1980 5.75 1981 5.3'0 .1982 4.30 1983 4.4'0 .1984 4.5'0 U 1985 4~6D 1986 4;70 1987 4.8'0 1988 4.90 1989 5~00 1990 5.00 1991 5.00 1992 5.00 1993 '5.00 Weeden and Company, Inc, 1977 5.75 GIC 751,050 1978 5.75 PREM -0- 4.90664% 1979 ' 5.75 NIC 751 ,050 1980 5.75 1981 5.25 1982 4.25 '-983 4.40 1984 4.50 1985 4.60 1986 4.70 1987 4.80 1988 4.90 1989 5.00 1990 5.00 U 1991 5.00 1992 5.00 1993 5.00 [ ~ C\l c.c ~- ::r:, ::: o n l_ lJj;t; Mr. More1and'retired from the Council 'Chamber to tabulate the bids received. Ordinance Number 106~ was presen~ed to the Comm~ssion and read in full: ORDINANCE AUTH6lUZING ISSUANCE AND SALE 'OF $1,700,000 GENERALOBLIGATTONBONDS, SERIES 1976; LEVYING TAXES TO ,PROVIDE FOR PAYMENT THEREOF; 'APPROPRIATING $1,700,000 ' OF PROCEEDS OF SALE THEREOF FOR VARIOUS PROJECTS; AND CONTAINING OTHER PROVISIONS RELATING 'THERETO; Coinmi$sionerStan1ey arrived ,at the 'meeting at this' tim~. Mr. Moreland returned to the Council Chamber to announce that the lowest and best bid had been submitted by First City Natiomi'l Bank' of Houston, bidding in association with Texas Bank'and Trust Company of Dallas,inaccordanc,e:with the bidding terms and issue. Mr;' Moreland recommended,tJiatthe City Commission accept the bid of First City National Bank of Houston at a net effective in- teres t rate of 4.806'5'36%. '" . . Motion by Commissioner Thompsori, -seconded by Commissioner ,Binig, that the City Commission accept the bid of First City National Bank of Houston and Texas Bank and Trust Company of Dallas, and that Mr. Marvin Moreland be 'authorized to return the 'good ~ai.th checks to the uns'uccessful ~bidders. Voting Aye: All Voting No: None' Following entry by the City Attorney of,the applicable amounts, dates and interest rates in Ordinance 1063, the following action was taken: Motion byCommissioner,.stanley, setonded'by:Comrriissioner Thompson, that Ordi- nance Number 1063 b~'~pptoved as read. Voting Aye: All Voting No: None With no further business to come 'before the Commission 'at this time, upon motion duly made, seconded and carrfed, the meeting adjourned at 8:45'p.,rri. ~~;a qfbJ~J:" ," ayor ',,' ., , , . , - , ATTEST: ~ ~e~a-J~ Ass's~antity Manager " " I : n'l 1111 11111111 'hrl~l1Il11l11lllll1r 11['1111 [- I ! ....,:J ,I!IlIllll : JlJIDlIlIIlllIIlfJ:l!LJJlrIIlll. IIU II', L'pTl~' --- T ~ IlI[;h~liill,1. 11,1" I' J----r--------:J I~ j' I. c huh""rn'M~ '. - r.-,,::I , 182 REGULAR MEETING OF CITY COMMISSION ',April '12,;" 197'6': ., " The City Commission convened in regular session at the City Hall on Monday, April 12, 1976,7::'30,p:.m-.,with'the:followih'g-memDeY's..'present: ,Mayor Wallin, presiding; Comiifis'sfmi'ers 13'ioi9, ',Durin 'arid Thorffpson: The City, Attorney and City Manager were cil so pres-erit'. Commis'sioner S:tanley was:-absent. " ;' I" The Invocation was pronoLinced oy-Cominissioner DUnn. Mayor Wallin announced,t-hat:aPub;lic 'Hearing must be.:he'ld' in- accordancewittJ the public participation requirements set forth in 40 CFR, Subpart E, Section 6.512,Vol.- 40,'-Aprlll4, 1975; 40'CFR, Part'34" Subpart E"Section 35.917-5, Vol. :39;-Febrliary 11, 19'75, 'in,conjunction'wi'-th ,the city"'sapplication 'for furid'ingthe construction of a' new wastewater treatment facility alidimprovements 'fo ,the sewer co 11 ect ion: system wi thi n ,the corporate Timi ts' of, the city. ' City Attorney Charles Cockrell ascertained that the requi'r'ed ,publ,ication of Notice of Public Hearing and posted notice in accordance with the provisions of Article 6252-17,V.T.C.S-. 'had been made and lega'lrequirements- fo,r:'holdingthe Public Hearing had'been'met. ' ,> '" , . " ;.\') .... Motion by Commissioner Thompson, seconded bY'Cdminissibner Bunn, that the Public Hearing was now open to hear all persons desiring to be he~rd. ~. ." f' Voting Aye: All Voting No: None Mayor Wall instated that' aneof the purposes of the '-Pub li c~' Heari ng :was to di s- cusS' thepotenti'al environmental' imp'atts of the' project'iand "altern.atives to it and instrutted any persons desiring to be heard to'gi:ve"his name, address, and the street address of any property owned in the city, Consulting Engineer Dieter Ufer of Bayshore Engineers, Inc. was in attendance at the meeting to provi de :answers to :'any, questions -that mi'ght be asked regarding the Facil ity Plan and/or the 'Environmental 'A'ssessment; ~ Mayor Wallin requested any persons desiring to be heard to please rise and take an Oath. Inasmuch as there 'were no persons present desiring to be heard, Mayor WaTlin di~,not administer the Oath. , . - , ~, .. -- . '". \ . . u o The 'City Manager made a brief statement to the City Commission outlining the different agencies that were notified of the Public Hearing in acco~dance with regulations. Commissioner Binig stated that she was very concerned that no residents were interested enough in the progress of the city to attend the Public Hearing and that voter apathy was of great concern, ' ~~-" , Following a ten minute interval for the arrival of anyone who might be interested in attending the Public Hearing, motion by Commissioner Thompson, seconded by ;\ Commissioner Dunn, that the Public Hearing be closed. I I L-J '" n ~ C\l ~ ~ :t: :r::: n LJ u 1 9;? {JrtJ Voting Aye: 'All -Vot i ng No: None Mrs. Denise Higgins, 2722 Werlein, appeared before the Commission to express her concern regarding a;-,;.potential 'traffic proolem tha,u-':might be created by the opening of the new Safeway-Store on Hblcombe'BouTevard. 'Mrs. Higgins stated' that during the grand opening ceremonies on Sunday cars were parked within a number of blocks of the store on residential streets. . - The City Manager advised that he had received numerous calls regarding the problems that were caused on Sunday and he suggested that'Mrs. Higgins join with Mrs. Jean McDaniel and others in the area who were interested in making a house to house contact with the residents to determine thei'r willingness to make the street one-way going east. Mr. Richard Nuffer, 2701 Cason, stated that he too was quite concerned about the probleinsthat may be 'encountered by residents with the opening ot such a larger supermarket nearby. Mr~~ Nuffer' was advised' that ,in con-formance with the requirementsof'the'city.s Code of Ordinances ,the Chief of Police would study the area and make a recommendation 'to: the City Commission for adequate traffic control. Mrs. Doris Parks, 3836 Villanova requested information regarding the proper procedure- to be followed in requesting that a' street oep-aved', 'her interest being primari ly College 'Street south of University. Mrs. Parks wasadvi sed' that College had not been included as one of the primary 1 or 2 areas that were scheduled for paving with use of funds' included in the recent '$1 ,700,000 bond i ssu'~_.:- Permissiorf was ,requested to deviate from the prepared agenda -in order to in- troduce Mr. Wynne 'Creekmore, Chairman of the city's Insurance Committee, and Mr. FranlCComi sl<ey of the Comi skey Insurance Agency. Mr. Creekmore and Mr. Comiskey reviewed the provisions_of the coverage the city has under its current Workmen's Compensation insurance program, citing advantages and di sadvantages of such coverage and comparison, with 'Workmen IS' Compensation plans offered by other companies. It was explained that the current coverage is the second year of a three~yearretrospective plan that" the Commission had requested be reviewed by the Insurance Committee at the end of the first year. In response to a question from Commissioner Dunn regarding any means by-which a better loss control could be obtained it was stated that the city now sub- scribes toa service which searches' clilims-records of ,all potential eniployees pri or 'toemp 1 oyment. ., .., - " Motion by Commissioner Thompson, seconded by Commissioner Binig, that the City Commission accept the recommendation of the Insurance Commi'ttee:to're- tain its present Workmen's Compensation Insurance coverage with Traveler's Insurance Company, with one change, thatbeing'theelimination of a loss" 1 imit on a case and a reduction in the premi'um due to the el imination of that limit.' " .-, ~.--. Voting Aye: A11 Voting No: None .r. j:-1 _1 _ ___~- ...- . lrIT-.--::L...-__ I I ---1111' "1IIII1ITC-:I.I'rnII1IllIlliJIDmf I t1[LIlliI" L.... . '. ,'J .lllrm, Ill~DIUIIIIIIIlI!I pr-D IIJW 11'----- L.:.ITl _ ~:..:.-!.I " 1 II V-I =Cl~-J 'I c.... .',* 1 , I 1-8';,4 Mr. Comiskey was requested to furnish the Commission with a report,orr the city's loss ration by July 15th. In accordance with previous actibn'of 'the 'City 'Commission, :bi ds received for re-build;-ng' the International Harvester TO 15B,tractor' used at the Sanitary Landfill were opened and'results announced as'.follows:' ' Uj Bidder Total Bid Price Transportation 'Hood&- Wedemeyer Welding' $ 2;800.00 $ 200.00 Houston Welding) Press ' 3,142.78 1 00. 00 Plains Machinery 7,126.30 150.00 " ' Motion by.Comniissioner Durin, secorided' by CommisstonerThompson,that :bids for rebuilding the'InterriationalHa:~vester'TD-15B tractor be?referred,tothe City Manager and 'if the'low bid'submitted'byHood & Wedenieyer:meets the city's spe- cifications they 'be 'awarded 'the contract. Voti.ng Aye:, All Voting No: None Bids received for printthgand~bindin~ 6~OOO copies 'of an ~hnual report for the year 1975 werebpened and 'results annoiJncedas,follows: Bidder : lump' Sun Bi d ' Lump' SumBi d Two-Color Three-Color 0 , The 'Beasley Company, Inc. 2;756.75 3,132.15 Gulf Printing Company 2,762.00 '- 3,536.00 The Mathi s Company Lithographer' 1,935'.00' 2,191-.00 Waddell"s L ithdgraphing 2,338;,00 :j . -... -0- Webb'Printing'Company 2,569.,00 3,OOe~00 Western Lithograph Company 2,701.00 3,170.00 Wetmore & Company , -2,500.00 -0- ., Moti on by Coninii s5i oner Thompson, seconded by Commissi dner Bi ni g, that the bid of The Mathis Company Lithographer for furnishing an annual report in three colors for a total bid price of $2,191.00 be accepted. . . . . . 'Voting Aye: ,'All Voting No: None In accordance witli aprevious'requestby'the City Commission, Mr.'Clive Runnels and Mr~ Don Loggins of Gulf Goast!"'Bellaire Cable TV reviewed a letter dated April 9, 1976, from Mr. Robert F. Corazzini of the law firm Smith & Pepper, Washington, D. C. which firm represents Gulf Coast-Bellaire Cable TV in its applications, etc. to the Federal Communtcations Commission. ~ ~ n L w C\I ~ ~' :Q 0:::: o n t' ot!' !.~'e.d . .. Mr-. Corazzini'sletter'set forth:,exp1anations of ' provisions by FCC whereby, the City Commi ss i on cannot requi re 'payment, of. 3% ,of the annual gross recei pts or an annual sum. of $3,000, whichever 'is more; the desirability of a separate ordinance 'setting rates for ,cabletelevi-sion serv-ice,;' and the violation of certa in Commi ssi on Rules ".'by the.,r,eference :to, defama,ttiry, obscene or other' actionable program. ' Ordinance Number 1059 was presented to the Commission and read in full: AN ORDINANCE GRANTING TO GULF COAST CABLE TELEVISION, , '.ITS SUCCESSORS ,AND .ASSIGNS;, THE RIGHT., PRIVIlEGE AND . FRANCHISE .TO CONDUCT WITHIN THE CITY A CABLE COMMUNICA-, TION SYSTEM BUSINESS ANDrO ERECT; CONSTRUCT, MAINTAIN, OPERATE, . USE, EXTEND, -REMOVE, REPLACE- AND.REPA.I R IN" UNDER, UPON,' )OVER, ACROSS AND ALONG ANY AND .Al:L OF, THE ' PRESENT AND FUTURE PUBLIC ROADS, HIGHWAYS, STREETS, LANES . AND AlLEYS OF THE .CITY ,AND "OVER -AND ,.AGROSS ANY STREAM OR STREAMS ,'BRIUGE OR BRlDGES~' .N'OW OR' HEREAFTER OWNED OR . CONTROLLED BY IT ,A ,SYSTEM Of . POLES, POLE LINES, TOWERS , ANCHORS, W~RES, CABLES, GUYS,. CONDUITS, MANHOlES AND ,OTHER .DESJRABLE INSTRUMENTALITIES AND APPURTENANCES ' , NECE;SSARY ,OR P.ROPER, FOR THE OPERATION.OF "A CABLE COM- MUN'icATION',SYSIEM'FOR:AR.ERIOD' OF,FIFTEEN (15) 'YEARS WITH A RENEWAL PE:RIOD OF FIFTEEN (15) YEARS; REGULATING THE USE OF-STREETS BY GRANTEE; PROVIDING A SCHEDULE FOR , THE CONSTRUCTION OF GRANTEE'S SYSTEM; PROVIDING FOR COM- PENSATION ,TO, BE PAID ,TO THE CITY ; PROVIDING THAT THIS. "{- FRANCHISE "S~ALL NOIBE, .EXCLUSIVE; 7 PROVID1NG THE GRANTEE I S :,.OBLIGATIONS TO FURNISH' REPAIR, AND MAINTENANCE SERVICE " AND TO MAINTAIN A LOCAL BUSINESSOFFICE;..PROVIDING, FOR . ,THE OpERATION OF .GRANTEE'SSYSTEM. PURSUANT TO APPLICABLE. " RULES AND REGULATIONS 'OF .THE FEOE-RALCOMMUNICATI.ONSCOM- ' MISSION; MAKING MISCELLANEOUS PROVISIONS RELATIVE. TO THIS GRANT OF FRANCHISE; PROVIDING A SEVERABILITY CLAUSE; AND , " ",RROV I DING FOR. ACCEPTANCE .' Motionby,Comm'W;s i oner Thompson, s,econded by Commi s s i onerDunn., that Orc! i nanee Number 10~9 be-appro~ed:as.r~ad. ,." . -' . Voting Aye:' Al1:.'" ,Voting No: None, Ordinance Number 1060, was presented,.tothe Commission and read.in full: ~ I. '. . ..' '. . _ AN ORDINANCE DETERMINING AND FIXING THE MAXIMUM SCHEDULE OF: RATES TOBLCHARGm BY, GULF COAST CABLE TELEVISION INTHE, CITY OF :WEST-UNIVERSITY,RLACE, PRQVIDING A PROCE- DUREFO~ DISCONTrNUANC~ OF SERVICE; PROVIDING A PROCEDURE FOR THE CHANGING OF SUCH RATES AND PROVIDING FOR REPEAL. " Motion by Commissioner Binig, seconded by Commissioner Dunn, that Ordinance Number 1060 be,approved as read.." . , Voting Aye: All " Votin~ No: None L. I 1 l----=-:l I I . : r-,- L [II .-L......,;.-.L........~-----.JII 11111111 u:JulillBllllllillim llU1li1 L;:. . .! 1 1~IJIII \. 86" .1 . I jUlUI~I~I~U II ] [111111 Illi' UJJ.- I ~J LJ J ~ An invoice in.the, amount of $&,992.64, submitted by t,he Houston-Galveston Coastal Subsidence DistrJct'for a' permit,fo~ the 'opera,tion of 'the city's water wells' was presented to 'the .Comm~ssion for c9nsid~ra~ion. , ' Motion bycomm'i ssi oner Tho,mpsQn ~ 5ec'onded by C-ommi 5S i oner Dunn, thatac~i on on the Houston:"Gal veston Coastal Subsidence Distdc't Permit be tabl ed pending re- ceipt of information from surrounding villages as to how they plan to handle the fees.. " Voting Aye: All Voting No: None In response toa question, rega,rd5n.g, a,ny information received regarding the city's application ,Tor Community De'!,~lopment funds, 'cth.e City Manag,er advised that Harris Count,Yr ha,d $J,lbmitte,c.ti.t,~:'appncationin. the amount of $3,000,000 and it now appeared that the,~ity's'share would be in, excess of the $4.00 per capita previousJy anti'cipated.". " , " .: . An invoice in the;amountof$l ,124:15y.'eceived' ,from T~yck & Pickup. Equipment Corporation for the. fabrtc.atton andinstallat-iqn of a service, bOclyon the Fire Department pi ckup' truc,k, was pr,esentedfor, consi d,erati on. .. Moti on by Commi ssioner ,Thompson, :s.econded by Co~~i ss i o,nerBinlg, that Truck and Pickup Equipment Corporation be paid the sum.of $1~124.15Jor the fabri- cation and installation of aserv.ice body 00 the,Fire'Qepartment pickup truck. Voting Aye: All. Voting NQ: None I: u ? ',' ,- ~: "'_0', .~'." The City Commi s~i on was a,dvi s:ed . that 'loti ffcati on h,ad ,be~n recei ve,d from 0 Banker's Life Insurance Company of a considerable incre.:ase in cost for pro- viding employees group hospitalization insurance cover'age. At the recommenda- tion of the Insuran,ceCoJTIlJl.itte,e, p1anshave been made to shop the city's in- surance coverage with other. irisurance agencies in an attempt to secure a better price. It is..hoped that information'wil1 b.e available for the next regular meeting of the CJtyCommission. The Commission was advised that City of West University Public Improvement Bonds were sold at the best,net effeCtive interest rat,e of any,municipa1ity in the' S'tate of Texas siriceJanuary 1st, and letters wou1d'be aforwardedto Moody's and Standard & Poors advising the results 'of the bond sale. Attention of the Commission was directed to the expiration of the appointment of Mr. Charles Orsburn as Associate Judge of the Municipal Court on April .9th and the necessity of reappolntmerit to provide for the needs of the Court during any absence of Judge Dunn.. . Motion by CommissiorierDunn, seconc\ed:by Commissioner. Thompson, that Mr. Charles Orsburn be appointed Associate Jud~e~fthe Municipal Court for an. additional sixty (60) day period. '" ' . ,':, , ' .' Voting Aye: All ,Voting No: None A schedule of holidays for city employees was reviewed with a request that 'LJ' Memorial Day be excha,ngedfor the Friday following Thanksgiving in r~sponse to a preference of employees. u C"J N co ~' :C', 0:: o n l I 18~ , Mot ion by Commi ss i oner Thompson, seconded by, :~ommi ss i oner Dunn, that the city's Personnel Policies and Procedures be amended to change the city's official holiday schedule to eliminate Memorial Day and include the Friday following Thanksg i vi"ng . . 't.;.: ~" ". ~ ~~{: ' - Voting Aye: All , Voting No:" None ~lans for summer activities of the Recreation Department were reviewed noting' that fees should be considered by the City Commission and a decision made with regard to including diving'le'ssonsat the :swimming pool. Recreation Director Charles Cowan has been requested to prepare a schedule of activities planned and fees' previ:ous1ycharged for review at a workshop meeting of the Commission. Minutes of the regular meetfngof the City Commission> on Monday, March 22, 1976 were presented for consideration' and the following 'action taken: Motion by Com- missioner Thompson, seconded by Commissioner'Dunn, that minutes of the regular' meeting of:the City Commission on March 22, 1976, be approved as submit~ed. Voting Aye: All Voti ng No: ' ;None With no further business to come before the Commission at this time, upon motion duly made, secon~ed.and' carried the meeting ~djourned 'at 10:30 p.m. ~~Q(UW~.~ Mayor ' ' ' ' . . . . , , ATTEST: ;&~. ~~~'j;' Assistant City Secretary' , '.-- L,_ ..J. : i=:=I I I I ,[' ..' ll,1Ill1 IT,i ,L____..J..__"...JII' 'lilllllCi:'IT1:IJJIIl1lIIIIID~m .1 1!llml ~88 I 1 . I Jmlll~III~~.lJL j 1111111. ,III, Uti' n.J I I l_ I I!_ J ~. ,""''''. REGULAR MEETING OF CITY COMMISSION . ' Apri 126, 1976 ' UI The City Commission convened in regular session at the City Hall on Monday, April 26, 1976, 7:30 p.m., with the following members present: Mayor Pro- Tem Mary Ann Binig, presiding; Commissioners Dunn, Stanley and Thompson. The City Attorney and City Manager were also present. Mayor Wallin was out of the city:' - -,'. , . The' Invocation was pronounced by Commissioner Stanley. >' Chief of Police James Bryant introduced Patrolman Casey Stevens as a new em- ployee of the Police Department, and his wife, Nancy. Chief Bryant stated that Patrolman Casey had formerly 'been employed by the Ci'tyof Houston as Ii Deputy" Marshall and he was looking forward ,to working with Patrolman Casey as a member of the West University Po'l iCe Department. . Mayor Binig administered the Oath to Patrolman Stevens as a member of the West University Police Department. Scoutmaster Jerry'Head of Troop 266 and Act'ing Scoutmaster Byron We1 ch, II, were in attendance at the meeting with a large delegation of Scouts~ ~1r~ Lloyd Mc Comb, on behalf of members of the Troop, addressed the Commission on their "Day After Tomorrow Program" citing numerous ways in which members of the Commission and citizens could improve various areas. Mayor Binig 'invited members of the Troop to present questions to either herself 0 or other members , o:f ~the~Commissjonand very informatively answered' questions on subjects rangingfrO!i1 the city's street paving program; recreation program in reg~rd to the expenditure of bond funds; closing of streets; construction of additional bicycle lanes; repair or replacement of sidewalks; cost of construc- tion of a hospital in the city; eligibility requirements for obtaining a season membership card to the West University Swimming Pool; Bicentennial flag display; and street lights that are obscured by an overgrowth of trees. , .: t..<.,,' ,-"'.," Mayor Binig explained to members of Troop 266 the various types' and kinds of municipal governments reviewing the difference between anst~rong Mayor type' " government of the City of Houston and the Commission/City Manager government of the City of West University Place . Mayor Binig and other members of the Commission expressed their appreciation to members of the Troop for attending the meeting and invited them to address any requests they might have to the Commission with a strong promise that any con- cern of the Scouts will receive attention. In accordance with previous action of the City Commission, bids received for delivery Of seven (700) hundred feet of sewer cleaning hose for use with the jet sewer cleaning machine were opened and results announced as follows: u n M N ~ r.::s :::: :c c n l'Oi\' ~ i~ ~ Bidder Total Bid Price Qe 1 i..'{~ry . 5 days Within 30 days 1-30 days' Ar1 ingtonEqufpment Co', Rockwell I nterriati ana 1 Naylor Supply Company 1,068;00 1,645 . 00 ': 1 ,414.00' ; Motion by Commissioner Stanley, 'seconded by Commissioner Thompson, that bids received for furnishing seven (700) feet of sewer cleaning hose be referred to the City Manager for review with a recommendation for"purchase'to be presented to the City Commission at its next regular. meeting on 'May 10, 1976. Voting Aye: All Voting No: None Bids received for one .(l) ambulance 'mounted strip chart recorder were opened and results'announced a's 'follows: .... .' Bidder Delivery Total: Bid Price 'Telecare; Inc. ,. American Optical . 1 ,550. 00 " No Bid . 120 Days ijidsreceivedfor one'{l) Mobile Repeater were opened and results announced as follows: " , Bidder: Total Bid Price Delivery Te-Tecare; Inc. ' '2,975.00 150 . Days Bids received for one (1) Portable Bfo-Medical Data Acquisition.Devicewere opened and Tesu1ts'arinounced,ai follows: Bidder, Tota T Bi d' Pri ce ' De1iverv> , Tel ecare', In-c. American Optical 8,890.00., No Bid l50.Days Bids received for one (1) Mobile Frequency Modulated Transmitter-Receiver were 'ope~ed "andresults' announced as follows: '" ,. Bidder , TOtal Bid Price Delivery Ken-zac Communkations' General Electric Motorola, Inc. 1,620.00 l, 181. 50 . 1,444.50 8 Weeks, 9 Weeks 7 Weeks Motion byComm;-ssioner Thompson, seconded by ,Commissioner Stanley, that the bid of Tel ec'are, Inc., be accepted for :de:1 ;very of one ambu1 ance strip chart' recorder for a total bid price of $1,550.00;'one mobile repeater'fora total bid price of $2,975.00; and one portable bio-medica1 data acquisition device for a tota 1 bi d price of "$8 ~ 890.00 and that bi ds recei ved for 'deli very of one mobile frequency modulated transmitter-receiver be referred to the City Mana- ger for tabulat;-orl'\'and a recommendatiori'presented to the City Comniission at its next r:egular meeting on May 10, 1976." 'Vo~;-ng Aye: 'A 11 Voting No: None,' ..1:-'1-. 1-...~ .~-'- '1\1.1I'1~ ~_.].I.I=,JlUI.u::Ir ,I .l~m 190 . I llllHIII~III~WjL I [[lUll IIII L1U~ ~' , _.___.__~I_ ~ I The Commission was advised that Mr. Joel A. Berry, 2714 Tang1ey, was familiar with problems involved in mowing vacant property in the city and had quoted :;l.~1 the following schedule of rates for mowing property for which the city had previously agreed to and collected for on an annual' basis: lOa' x 200~ ~ $20.00 per mOWing 50' x'lOOI - 10:00.pet mowing Two or more 'adjoining 5()'x laO' Tots $8.00 each per mowing. 'All other' lots wi 11 be c'ut at the rate of .0015i per square foot per mowing Assistant.City Manager Dan Edwards reviewed the present procedure whereby lots are mowed on a regular'lY scheduled basis by the Street Department for those residents desiring to pay for such service. Residents not desiring such service are required to mow their property when required, and failure to do so results in a ten~daynoticefrom the city subsequent to 'which the property is mowed by city crews and the property owner billed for such service. Failure to pay such billing results in the filing of a lien, against the pro- perty. . ~ ,-. :./,. Mr. Edwards explained to the Commission that Mr~'Berry'a]ready has contracts for mowi~ng a number of lots in the city and it was hoped that after fulfil- ling contracts for which the city had already billed and collected from pro- perty o~ners, Mr. Berry would gradually enter into private agreements with owners and the city would be relieved of all responsibility for mowing of vacant lots e~cept in instances where liens will be required to be fited against property for failure to comply and/or pay. " . !l u Motion by Commissioner Dunn, seconded by Commissioner Stanley, that,the City Manager be authorized to engage Mr. Joel A. Berry, 2714 Tang1ey, to perform such mowing'work as outlined i~ his proposal dated April 20,1976. Voting Aye: Binig Dunn Stanley The City Commission'was advised that on April 12, 1976, when a Public Hearing was held to receive testimony concerning the city's desire to improve its sanitary sewer wastewater 'treatment facility and collection system and to dis- cuss the potential environmental impacts of such project, the Commission in- advertently failed to approve the Environmental Assessment,and Facility Plan which had been prepared for such 'project. Voti ngNo:,Thompson r <II. Motion by Commissioner Dunn, seconded by Commissioner Thompson, that the City Commission takesoffici-a1 action to approve the Environmenta1:Assessment and Facility' Plan of the 'City of West UniVersity' Place, dated January, 1976, as prepared by' Bayshore Engineers, Inc. ' Voting Aye:' 'All' ' , . 1.,. Voting No: None The City Commission was' a'dvisedby: the City,Manager that provisions of an En- forcement Order of the Texas Water Qual ity Board . 'required 'that certain interim Il improvements be made to the existing sewage treatment plant and that inasmuch as certain schedules and report's must be submitted by not later than May 31, 1976, Bayshore Engineers, Inc. had been instructed,to proceed with the Engineering l n ~ N ~ ~ ::: == o n l,-, 19'1; ; Feasibility Study, ' ,'" Motion by Commissioner Stanley, seconded by Commis~ion~r: Dunn; that'the City' Manager be authorized to~act on behalf of the City'td~ploy Bayshore Engineers, Inc. to proceed with the interim improvements to be made to th~ sewage treat- ment plant in accordance with an Enforcement Order of the Texas Water Quality Board. Voting Aye: All Voting No~ None Commissioner Stanley requested that the Commission give consideration to estab- 1 ishing ah Advisory Boarc.ti towotk with the City COnimission in :order to estab1 ish po1icies"with regard-:to"ambulance ahdfirst ald opetationand to provide liasion with the City of Houstcfn"and HarHs CoUhtY' Hbspita:l District 'operati:ons; " ' Commissioner Thompson requested information regarding the Committee 'which was appointed to study the feasibility of changing from the National Building Code to the "Southern Buil dlhg 'Code, arid was advis'ed that the' study had been delayed pending receipt O'f a'll a'pp1icab1e :c6des and that a meeting of such Committee was pl anned in the near 'future. ,q:; ,'. ,. ' , Mayor Binig requested that'members'of,t~e'Po1ice Department be requested to, observe shrubbery that isnbw'iri,the:'gtbwing'stagesnear:intersectfons ahd ' corners, citing specifically shrubbery recently planted at the corner of Duke and Vanderbilt whlchmay soon 'betome~ a traffic hazard. ' , '" Commissioner Dunn was ad~'lsed t'hattheSe'wer' .Departmen:t made a number of excava- tions at the property of 'Mrs'-Renner', '3112Wroxton Road, 'in accordance with His request, and that the sewer problems' ehcdllntered 'were all on private: property' and that the city's main was clear. Commissioner Dunn'was further advised that a i:1ean-ou~ hadbeen)Ha~~ed; in tlie city- li'n'e in the eV,ent of futu~e trouble and that Mrs. Rehherhad'agreed to: have 'the breaks repaired. " The Commission was requested'toreview the summer recreation program and deter- mine the schedule of fees to be charged. A schedule of c1asses'p1anned together with recommended charges for a youth program of $10.00 per session, with adults paying 'recorriinehdedfe:es'~j- as presen'ted ;in a 1 etter dated Apri'l 23rd was presented with an income and 'exjfenditLire schedule 'Tor the winter program showing salaries paidihstru~tori' iri.v~~~~us,~clas~es":~~d~;actiV1tles:.:' ," I I , I The $10.00 package recommended by Recreation ,Director Charles Cowan for youths permits, eac~ child in .a familY,to,partictpa~.e in three activities per session. Certain classes were excluded from the basic' package due to the cost of instruc- tors.The recommendation included one ten~week session for adult classes and , ' charges to be made for each. . ~ 1 . .f After r'evi ewfng the 'recommehdatloh and.' the 'a'ct:i viti es :of the' recommended 'summer session, the following actioh was taken.:;Mo'ti:o'n: by CommissionerThomps'o-n~ seconded by Commi ssioner Stan1 ey, t~at ,the Summer,RecreationProgram b~ charged on a fee basis r~therthan on.a '$10.:'0'0 "per fami1yniembership basis.,' ',' *;' . -.. :'~ : "/ - Voting Aye: ",'.None .'. ' Voting :No: All -1 I I II. ".- 11111'1 ",'HI' 1~lnmllll.Dmr 111",lIr 11',"1 ,'III' ,J 1~I!jll 192 I IUIUII~I~~~~U Ill] tlllllll ru ll!,IJ - .J I I I_I I I m--------i_) Motion by Commissioner Thompson, seconded by Commissioner Stanley, that the recommendations of Recreation Director Charles Cowan for fees and activities to be provided be accepted in accordance ~'ith his letter dated April 23, 1976, with the understanding that the term,lIolderll used in the youth activities means ~tudent through high school age.' Voting Aye: All Voting No: None' I Ll An invoice in the amount of $560.00 submitted by Traffic Engineers, Inc. for traffic engineering services for March, 1976, relating to the Governor's Office of Traffic Safety, was presented for consideration. Motion ,by Commissioner l'hompson,seconded by Commissioner, Dunn, that Traffic Engineers; Inc. be paid the sum of, $560:00 for. traffic. engineering services for March, 1'976, relating .to the Governor's Offic:e of Traffic Safety. , " . Voting Aye: All Voting No: None In accordance' with a previous requestdof the,City Commission, a letter from Mr. 1. A. Boothe,; City Manager, City of Cleveland, 'setting ,forth hi's ,recom-. mendations for Mr. Dieter Ufer, Bayshore Engineers, In~~, was presented to the Commission. The Commission was advised that Mr. J. D. Legler, recently employed as ,City Engineer had been furnishe,d a ,copy of the proposal and :agree- ment for engineering services prepared by Mr. Ufer and had taken no exceptions. , . , Resolution Number 76-10 was presented to the CQmmissionand read in :full: WHEREAS, the City of. West University Place, Texas, is in need of ' certain engineering services necessary for the design and ultimate construc- tion.of storm drainage facilities ,and improvem~nts; and . l~HEREAS; the engi neeri ng' fi rm of Bayshore Engi neers, fnc., consultants, have been invited to submit,'a written proposal, for professiqnal services; and WHEREAS, such written' proposal dated,April 23, 1976, has been consi- dered ~y'city' officials; 'and," WHEREAS, H,is the opinion' of city officials tt)~t.theengineering' firm .of Bayshore Engineers, ,Inc. is a, firm consisting 'of engineers who 'are competent and capable in their f'ields o-fwork-andhave as, principle members of the firm engineers registered as Professional Engineers in the State of Texas.' . Il u 'NOW, THEREFORE, BE IT-RESOLVED' BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE~ TEXAS: . That the Mayor be, and he is hereby, authorized and instructed to enter 'into an agreement with 'the 'said firm for the engineer,ing services as stated' in written form 'datedApril 23', 1976', with. proposal attached. Motion by Commissioner Thompson', ,seconded ,byCemmissioner Dunn, that Resolution Number 76-10, authorizing the ,Mayor to employ Bayshore Engineers, Inc. for engineering services in connection with a proposed storm sewer project, be approved as read. Voting Aye: All Voting No: None u Ll ~ ~. c.o ~' :0 ::r: n U r--: { I l j . 193 The Commiss,ion wasadvi sed that 'del ays had been experfenced in the preparation of specifications for pai~nting 'five water reservoirs inasmuch as advice ,had " been sought from profess'ionalsto determine the type and kind of paint that' would be best suited for the. tanks;' the approximate cost 'of the .paintingand,' , . . the condition of the 'tan~~;,:espe'cialTy the 1 ,500',OOO<g~lJon tarik adjacent to the Wafer Pl ant 'on 'MHtoir'Street. A request was' presen'tie:d to re-adverti se for bids now that' all tnformation was 'av'ailable for 'the preparation of s'pecifica- tions and n'Ootice to bidders. ' ,.' . ' , , , , Motion by Commissioner Thompson, seconded by Commissioner Stanley, that the City Manag'e'Y" be authorized to 're""advertise for bids for the 'painting of five <' water 'reservoirs, withlJi:ds,to 'be received by the City Cbmmissionon May" 24;1976. ",' . . 4 .. . ... ... . . . . , Voting Aye: All Votin[ No: None Di,scussion'withregard to" theneed'''for asprink1ersYstein"at'tve:,dewly~created' park at College and Nbrthwestern; lthe'need for pernianent'p1anting of the site; and the need 'foY"'designation' of a: name' to the area, resulted, in City Attorney Cockrell advi's'ing'that inasmuch as 'a ReslJ1t.itiori designa'ting a nanieforthe park was not included'''on the po'sted agenda"it was his opinion that such jteJTi ,be included on thenext'regularm~etirig()f the CityCommis-sion." Commissioner Stanley stated that plans should be determined as ,to the proposed .10cation of trees to be:planted and otherp1anti'ngs' that may ~e made prior to , the installation of a sprinkler system. " . 'Checks total-1ing$90;00receiv'ed bY the Fire Department were presented with a' recruest . that" a pol icy be estab1 i shed designating'the use of such funds when received:'as contributions for" services renaered by the Fire Department~ It was pointed out to the Commission that Mrs. B. B. Whittenburg',3775 Arnold, , had requ,e,sted thati n' lieu' bf:' flowers: to the funeral o'f Mr'. Whi ttenburg, that contributions bemade"to~the':WestUnive~sityFire Departme~t'. ' , ',' The City Manager suggested that a policy be set up whereby such contributions ,would go into'the city's ,general fund and the contributor mailed a formal appreciation signed by the Mayor and Fire Chief. Members of the Commission questioned' procedure, now,.followed by the Fire'D'epartmEmt when contributions ,ate received'; is there"a bank account separate' and' apart from city funds,i f so, where is such accouht;whb is authorized'to sign checks ori:such account;. who makes decision regarding expend'itures from'the account; and are there any long range plans f?r use of funds i~ such account? Motion by Commi ssioner Thompson, secondedby'Commis'si oner,Stanl ey ~ that a pol icy be established that all donations to the city be deposited in the General Fund for'the benefit of alLthe citizens anClthe government, exempting from such deposits any donations receivedas'a:'result or-the wishes of Mrs'. Whittenburg. Voting Aye: 'Stanley Thompson Voting No: Biriig Dunn . Motion by Commissioner Dunn that the funds received from contributions' be used to help defray additional cost of providing Tele-Care equipment for installation in the city.s ambulance unit. Motion died for'lack of a second. rc = r---:---:-:- -'--[LL . J:L..L _ '1l!jim .iU.::rtJ'riIIlI1l1IllHUlmr tilliiIir L:-: ---111' " "IT I. ]11 U,:,.I'] i I ..J" I . .~~,.~.....~. _--11 , ; I, I I L.. 194 City Attorney Charles Cockrell advised the Coinmiss;on that he had cO'nferred with Mr.' Dunlap; City Attorney 'for: the,' City'of Katy';rega'rdfng that 'city's:status on paymentof fees'assessedby the Gulf Coast Subsidence District and 'had been ad- vised that they had paid the invoice under protest and were consulting with various specialists reg;arding the possibility"of filing suit against 'the District on ,the basis ,of: 1) Validity of ,the District levying taxes" (permit .Tees) against another 'taxing authority; ,2) Under the provisions of the Constitution there are no provisions for control of underground water; and 3) Most taxing":elistricts that are provided are created by an election of the people. Mr. Cockrell further stated that as 'well' as the City of Katy, the Cities of Bel- laire" Rasadena and, Deer Par'k had paid fees under prote'st,',and tha!tithe City Council of Katy had authorized the expenditure of $5,000 for filing a suit. The Commission was advised that Houston Lighting & Power Company had disconnected the BiCentennial Flag Displ;ayano taped the 'flags to, the light pole: brackets due to the danger to the poles from the 'weather and force of the high wjnds. Three measures were pres'ented regi;irdi ng the f1 ags : 1) HL&P wH1unfurL the f1 ags and anchor them 'back; 2) HL&P take down~ flags and give them to sponsors;'who paid for them; and 3) Leave f1 ags wrapped 'unti 1 month of June and unfurl ed 'at that time 'to be displayed through'th'e4th of'Ju1y. ',It was the'decis'ion of theCommission'that the flags remain as they are for the present time. ' , , , ' - A 1976,schedule foroperation'of-the swimming pool was presented to,the Commission for their information. . n I I I L- ..',~ ~ A recommendation was presented' that the low bi dder,-' Hood & Wedemeyer: be authori zed JD to make repairs to the International TD: 15 tractor used at the' sanitary' landfill in accordance with their low bid received by the City Commission on~April12th. l Motion by Commissioner Thompson, seconded byComrrfissioner Stanley, that Hood & Wedemeyer be authorized to make repairs to,the Internationa'l TD 15 tractor used at the sanitary landfill in accordance with their low bid of $2,800.00. ' Voting Aye:' All Voting No: None Minutes of the regular meeting of the Zoning and Planning Commission on April 13th were presented to the Commission for their information~ The City Manager wasre- quested, to make arrangements for ajoint'meeting of the Zoning and Planning Com- mission and City Commission the first part ,of June.' ' , Minutes of the regular meeting of the Electrical Board on April 19, 1976, were presented to the Commission'fortheir information. , ' , Minutes of the regular meeting of the Zoning Board of Adjustment On April 15th were presented to the'Commissiot1 for their,information. Minutes of a special meeting of the City Commission on April 8th and the regular meeting of April 12th were presented for consideration and the following action taken: Motion by Commissioner Stanley, seconded by Commissioner Thompson, that minutes of a special meeting on. April 8th and 'the regular meeting on 'April 12th be'approved as submitted. " ' Voting Aye: All Voting No: None ,,----, I \ \ I 'LJ n l_1 ~ ,~ ~ ~' :c =: o n 193 ~ -! .' ." ~ With no further business to come before the Commission at this time, upon motion duly made, seconded and sarried"themeeting adjourne~at 11 :15 p.m. , , ' ~... .... . ~J3'. ". '.' .' '. .. ,J--1I", 'JMayor Pro-Tem- '0- ATTEST: ....;" ; . , '. . ~,,-/ ~~~ ASslstant CitySe,cretary , " ~ ", -..-' 0; ',"I mml JmDIIIIIII!IIIIIIrrI'ill 1m Id, 1[1 ------u: l' I L _,---1, IlL:' , _ ~T "1 , ,I 196 REGULAR ,MEETING OF, CITY COMMISSION MaY 10, 1976 ;--\ I i LJ The City Commission convened in regular session at the City Hall on Monday, April 26, 1976, 7:30 p.m., with the following members present: Mayor Paul Wallin, presiding,; Commissioners Binig, Dunn, Stanley and Thompson. The City Attorney and City Manager were also present. The Invocation was pronounced by~C6mmissioner Thompson. , , An invoice received, from ;.Moody}s 'Investors Service, Inc. for professional services rendered'in establishing a municipal bond rating in conjunction ,with the sale of $1,700,000 in public improvement bonds was presented to the Commission for consideration. , , Motion by Commissioner Thompson, seconded by Commissioner Dunn, that the invoice in the amount of $950.00 received from Moody~s Investors Service, Inc. for pro- fessiomilservices rendered be approved for payment. . ~ .'.-... ';',"1 . ~- .-:, Voting Aye: All Voting No: None Members of the Commission were advised that receipt of $1,700,000 from the 'sale of public improvement bonds was expected this week and ...consideration should be given to the investment of such funds. Following a general discussion regard- ing the use of Savings & Loan Associations as depositories, City Attorney Charles Cockrell was requested to review the Statutes covering municipal depositories j~ and report to the Commission. Commissioner Stanley requested that he be advised I i the spirit or purpose of such law. ~ Mayor Wallin welcomed the following members of the city's Parks and Recreation Board: Joe Williams, Chairman, Sue Cole, Mary Lou. Farrar, Peggy Martin, Jerry Parish and Larry Ai11et. Mr. Williams advised the Commission that their appearance was in response to a request that consideration be given to items for which funds had been included in the 1976 budget for park improvements and after considering needs at each of the parks it was the opinion of the Board that Weir Park was in need of improve- ments immediately and that 1976 available funds should primarily be devoted to it. Mr. Jerry Parish posted a large drawing on the board showing existing conditions at Weir Park and proposed renovations showing eleven (11) items to which pri- mary consideration should be given. Mr. Parish noted in his presentation that some of the items included could be performed with use of city labor forces and only cost estimates were provided for materials, whereas some of the items would be purchased and others would require advertising for bids. Following his pre- sentation on Weir Park, Mr. Parish advised that immediate consideration should also be given to the removal of the e~isting concrete bicycle racks at Whitt Johnson Park and replacement with ten (1.0,') foot long galvanized pipe bicycle racks and covering of the arbor type shelter to provide some shaded area in the park. A general discussion by members of the City Commission and representatives of the Parks and Recreation Board indicated a need for study of the recommenda- il Ll n M C\i ~ ~' =:: ::r:: n l . U n lJ !~ 1 '. .-, :;; ~. .:;" ~ - r911 tions; estimates from the City,Engineer for wor~, proposed to be accomplished. by city forces for the. extension of the, basketball court and grading of the east side of the park; and the most economical use of budgeted funds. , , Motion by Commissioner Stanley, seconded by Commissioner Thompson, ,that the City Manager be authorized to"iH~vertise, for bids .forremode'ling of the shade -shelter located in Whi tt Johnson Park, 'wi-th, such bi ds to berecei ved by the City Commi S,- sion on June 14, 1976. ;,.. " Voting Aye: All Voting No: None Mayor Wallin expressed appreciation, of the City Commission,. to members of the Park and Recreation.Board.fortheirworkand.interest not,ing 'the work of Mr. Parrish in prepari.ng the Commission presentation. Mrs. Bee Wright, 6321 Buffalo Speedway, appeared before the Commission in her interest as a realtor who had listed the property located at the corner of Kirby Drive and B~llaire Boulevard. Mrs. Wright stated that the property had an 80\ frontage on Bellai,reBou1evard ,and 1301 frontage on Kirby Drive, and should be rezoned for commercial use because of its location and the fact that it 'would never be developed for townho,usesor si.ngle family residences. . ~ ' , , , Mayor Wallin explained to Mrs; Wright the procedure which must .befollowedJor consideration of the rezoning of any area in the city by the filing of an appli- ." cation w.ith the Zoning ,and Planning .Commission, subsequent public hearings and ",finally considera,ti,on b;y the City. Commission.," . In accordance with previous action of the City Coinmission a tabulation ~f bids : received :anda,r~commendat;on for ,the purchase ,of one mobil e frequency'modu1ated " radio transmitter/receiver was, presented ~for ,consideration. " ' . . .Motion by Commissione;rStan1ey,seconded.,by, Gommissioner Thompson, that the re- commendation .of the~City ,Manager and Fi re ,Chi ef be accepted and one mobile ,fre-:-, quency modulated radio>,transmitterl-neceiver .be purehased from General El ectrfc Company on thei r low bi d of $1,181. 50. ' . :. ~ Voting Aye: All Voting No: ,None., Mr. ',Richard Putney, Clerk of the Municipal ,Court, reviewed a procedure which ,is r.ecommended f.or .changing oper;ation of the Municipal Court to expeditehandl- ing of court matters;'provide for the officer issuing a, complaint to set Court date; provide.for possible elimination of Munfcipa1Court being held on the 4th Wednesday of each month;' and use :of preCcpr;nted 1 etters and/or, ,forms. Motion by Commissioner Binig, seconded by Commissioner Dunn, that the City Com- mi ssi on approve the recommended procedure for' the operation of the Muni ci pa 1 . Court as outlined by Court.,Clerk Richard Putney with ,exceptions that subpoenas be personally served and that warrants be,mai1ed in envelopes. Voting Aye: All Voting No: None In accordance' with previous action of the City Commission a tabulation of bids received for delivery of seven (700') feet of high pressure sewer cleaning hose was presented with a recommendation for purchase. r~_ --L::-- OJ----.1 '111]ID,lDImrunumr IIIIIIIII" 1.. II 'Ii LLiTTiI I I I I III' ", '" ,llllllll .IIJIIDIlllllllIlIl!mLD l[ [ Ill. :III , .U!T]", jJ. I 1 r~ 1_ i T. ' T I, ,i... 198 Motion by Commissioner Thompson, seconded by Commissioner Binig, that seven (ZOOI) feet of high pressure hose for. use w.ith. the' sewer.cleaning machine be purchased from Arlington Eq'uipmentCompariyin'ac~ordance with"thelr 'low bid of $1,068;00. Voting Aye: All Voting No: None J l Li A :request .was pres.Emteq 'to the Comrrli S.5 i'on 'to adverti 5e for 40,000 1 bs. of ch1 ori ne in ton containers and 13,500 lbs. of chlorine in 150 lb. cylinders for annual requirements of the water system, swimming pool and sanitary'sewer disposal plant and also for purchase of chlorine scales to replace old scales thatha~e been in use many years. . . ., . ~ .... ~. . Moti on by Commi s,si oner Thompson, 'seconded by Commissioner ,Dunn, that 'the City Manager be authori zed to advertise 'for bids fo'r 'an'n'ua 1.chlorine reQlii r.em'ents of 40,000 lbs. ,in ton containers and 13,500 1bs. in 150 lI:)'."cylinders 'and for chlo- rine scales, with bids to be received by the..Gity Comrntssion on June 14, 1976. ~ -;"-', . .~\ Voting Aye: All Voting No: None Resolution Number. 76-11 was presented.to the Commission: and read in,full: . , , WHEREAS, the tract of land bound'edori the north by'Bissonnet, Coilege on the South.and Northwes.tern on the east and ,west, has heretofore been referred to, as Mosi,ac Park; and '" , '.... ''0' ' . WHEREAS, the Bicentennia'l .Committee of the City 'of West University:Place, Texas, referred to the area as lILibertY-Hil1 Park" for the Bicentennial celebration he 1 d on Sunday, Apri 1 4, ..1976;. and. " ' '" . I~) WHEREAS,the,n~me .1'Liber:-ty Hi1lll ha,s'his historlcq,1 significance'in that L.J it was very popular during the first fifty (50) years of this country; and , , WHEREAS, the City Comm{ssion .desires to officially des'ignate such area, and is :of the opinioo that HL iberty Hill" park WQuld be an appropriate name for the area ina'smuthaspartof'the Bic'entennial;celebrafion:was held ,thereon. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY .c.OMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. Tha't ,the tract of land bounded.,on the north' by Bissonnet, College on the SQuth and Northwestern :00 the 'eas't and west, is 'hereby Officially designated as IlLiberty Hi 11 Parkll. . ." . ' " Section '2. That hereafter all official reference to such park shall use the ,name "Liberty Hillll and an appropriate sign bearing such ,name shall be placed .at the park. '.. , Section 3. IlLiber.tyHill Parkll shall hereafter become 'a partof the city's park system and shall be improved and maintained with revenue sources of the city. ,PASSED AND APPROVED this day of 1976. u n l__i ~ :\), ~ ';; == 0::: o [i 1'99 Motion by Commissioner Dunn, seconded~y Commissi.oner B"r-nig, that Resolution' 'Numb~r 76~11 be' approved as read. Voting Aye: All Voti ng No:" :'None Following a' reminder by:@'Ommissioner Stan1ey'thatthe-l:Je'oTTimission was to give consideration to the' cr:eati'on::of an :Advi'sory Committee to work with it to es-' tab1ish policies with regard to ambulance and fifst:aid operatfons,it was the decision of the Commission that such item be included on the agenda for a work- shop 'meeting to be held..~,n:~ht.irsd~y,' May l3t~.. ' , , , " ' Concerns of the'City Commission included a report in the minutes of the regular meeting of the Safety and Accident Review Board of dangers involved in with chil- dren riding bicyoles and playing on Liberty Hill. Consfderation is to Qe given to the const\~ct~on of so~e type ~a~rier on the hi~l perimeter. , ; ,- ~ , , r :::,," , . "'. ;' ~ , A meeti n9 :wi th niemoerS"of the, Zoni rig, 'and Pl anrii ngCOmmi ssi On is to be i nc 1 uded ' on the agenda for: a wor,~s~qp ,lI)eet,ing of the Ci ty Commi ssi on o~ Thursday, May 20th. Commission'er Biriiigr'eported excellent :pa'rtic;pationc:in the ladies swim program and commended Mrs.MariJyn' Paxton for solidting participation by a 'large number of senior citizens. . .. \" Following a discussion regarding the disposition of contributions made to city departmerits,apolicy:;wa.sestaolishedby the City Commission whereby any' contri- butlons'made' fay' eq'uiplfjent'ofany kind'would be deposited l'n the city's General Fund and'tontribt:l'Hons' des i griated; speci fi callY: for the 'benefi t of the Pol ice and/ or'Fire Dep~rtmeli~ sno~ldgo ;:n~ci ~~uch departTTient1s benefit fund. '" ' ' City Engineer J. D. Legler reviewed plans that had been received for the construc- tion of a 10" sanitary sewer line to serve the townhouses constructed at the corner of Buffalo . Speedway ~~rid:~~l,lai:reBoulevard., : : Mr. Legler stated that the architect for the project ha,d: requested permission to use fiberglass manholes rather than conventional reinforced concrete and that he was of the opinionthat"fiberglass had not been on the market for long'enough: to determine its adaptabi 1 i'ty 'to.' traffic' :conditi ons and it was hi srecommendation that reinforced concrete beused~" The contractor also'requested use of PVC ' pipe which is permitted in the city. It was suggested that'thecity pay the dif- ference between an 8" line and 10" line to extend, such line from the property line to,' ~o~ne~t~' i:nto the BuffaTo, Speedway 'sanHa ry sewer 1 i ne ~ ' " , ' Motion'by"Ccimmissioner Binig, seconded by ComniissionerThompson"that Mr. Perl- mutter be permitted to us,e PVC pipe for the construction of a 1011 'sa.n,itary sewer line to service four townhouses being constructed at Bellaire Boulevard and Buf- falo Speedway arid'that he be required' to use precast concrete manholes for such construction. ',,' ,,-, ' Voting Aye: ,Ail , Voti rig No : None It was requested that the City Commission consider means by which Mr. Perlmutter could be redmbursed a portion'of his cost as,'the original developer by charg,ing future developers a f~e for connectlo"n ~nt~ the sewer line. If was noted ~hat . L- _ ____h. _ ,1.,1: ,IL..----------.L... I'!"I :lIT Lw_:rU:lilIlII1!ln~mr lliI1lirrr- L;-." ~ -.III. ,. _'-' J2In!lIl JlllDlllilllllll!II!I::JJ" lUll! I. . '11lC! U,;,J:'Tl' "" ~~ - .-- i .:1T___l ~oo subsequent to construction a contract would be entered,into whereby the line would become property of the city for maintenance and service. ,The City Manager will furnish the City Commission with a recommendation to pro-rate the capital expenditure of 'the" 1011 sanitary sewer line. The €ommission/was presented an ;nvoic'e in the amoUnt of $2,000 'submitted by Mitchell, Carlson & Associates as aninitia.l retainer:!fo.r, the Colonial Park recreational faci1 Hies project:., Motion by Commissioner Thompson, seconded by' Commissioner Binig, that the in- voice in the amount of $2,000 received from Mitchell, Carlson and Associates be approved for payment. JC" " II U , Voting Aye: . All V'o.ti ng No: None "j:'''1 } The Commission had been furnished a proposal for physical examinations from the Zimmerman Medical 'Clinic 'which had been obtained by Commiss;ioner Stanley. r~otion by Commissioner Thompson, seconded by Commissioner Stanley, that the City Manager be authorized to arrange for "physica1exami,nation.$.: by lthe Zimmerman Medical Clinic for se1ecteq city employees., " ' Voting Aye: All Voting No: None ,.:f. i Following a general discussion, regarding an i'nvoice;.from the Harris-Galve.ston Coastal Subsidence District in the amount of$8;992.64,fer;,the withdrawal of ", groundwater it was .,the City Commission 's 'decision that ,a meeting 'be arrange9 I~ with representatives of the City of Katy and other interested. parties and this I item be included on the agenda for the next regular meeting of the City Commis- ~ sion on May 24, 1976. An item on the posted agenda covering city employee hospitalization insurance coverage was deferred until a meeting has been held with the city1s Insurance Committee. . The Commission was advi-sedthat a letter had been received .fromMr. Omer F. Poorman, Distri'ct'Engineer, State 'Department ,of Highways, advising that all clear~nces had been obtained-to proceed with letting a contract for, the sig- -na1ization project in August, 1976. ' - , ,. The Commission was advised that a meeti-ng'hadbeen arranged for members of the Committee appointed to study.the Southern Standard Building Code, but inasmuch as members were to.be out, 'of the . City the meeting had been postponed until Tuesday, May 18th. ' Minutes' of the regular meeting of the Safety, and Accident Review Board on April 13, 1976, were presented to the Commission for their information. Minutes of a recessed meeting of the Zoning Board of Adjustment on ,April 22, 1976, were presented to the Commission for their info,rmation. . ~.. < . , Minutes of the regu1ar,meeting of the City Commission on Monday" April 26, 1976, l~\ were presented for consideration and ,the following action taken: Motion by Com- U missioner Thompson, seconded by Commissioner Dunn, that minutes of the regular n ~ N :0 ~ ::r: ::t: r\ u c IL I -" ",J' ~" ' Q fi i~ i;J, U 4&, meeting of the City Commjssion on "Monday, April 29, 1976, be approved as read. Voting Aye: All Voting N~: None l~ith no furtherbusiness;~to'come before the Conirnissioi';ll~at' this time', upon<motion duly made , ,seconded and::carried" the meeting, adjournea~~'at 10:45 p.m. , "f 'e.,.Q(IJ~ .f\...... , Mayor, V ATTEST: ~ '$~.a~~' -/ Assistant City Secretary, _11 hl,~'- 11i1!1l ! J!L "111111 i,l1J IlIlIIDlDlIBiliIr 1I11111iT' h-n 'l:ill '! mill! I, JlIIUllIIIIllIIII!JIlI:J!J'"LIlIlI. . :II" I 1.:11 , _: :...J ,- . c::...: -- ~,-....., "02: I. REGULAR MEETING CITY COMMISSION MAY' 24, 1976 "" . ", -.. The City Commission convened in regular session at the City Hall on Monday, May 24, 1976, 7:30 p.m., with the'following, members present: . Mayor Pro-tern Mary Ann Binig, presiding; Commissioners Dunn a'nd Stanley. The City Attorney.and City Manager were also present. The Invocation was pronounced by Commissioner Dunn. In accordance with previous action of the City Commission bids received for all labor, equipment, tools and materials necessary for the cleaning and painting of five (,5) water storage reservoirs (two elevated and three ground) were opened and presented to the Commission: Water Czerwonka Tank Shandee Vaughn j)ainting Sprvic.p Gw:p... rnncitr 1. 3700 Block Be11aire-E1evated 8,295.00 9,897.00 22,916.00 21,250.00 2. Wakeforest & Old Richmond Rd.-Elevated 9,385.00 8,968.00 26,619.00 21,250.00 3. Wakeforest & Old Richmond Rd.-Elevated 4,170.71 3,100.00 3,406..00 12,500.00 4. 3800 Block Mi1ton-Ground-1,500,000 gals~ 13,265.89 5, 187 ,00.. 17,583'-00 37,500.00 5. 3800 Block Mi1ton-Ground- 400,000 gals. 5,441.75 2,835.00 6,605.00 15,000.00 LUMP SUM BID 40,564.35 29,987.00 77,129.00 107,500.00 Pit Welding-Each Rivet Welding-Each Seam Welding-Per Foot Spider Rod, each-Replacement Center Hub for Spider 30/per hr. 30/per hr. 30/per hr. 3D/per hr. 1.10 1.40 4.50 24.00 86.00 3.00 4.00 4.00 150.00 15.00 15.00 20.00 150.00 Motion by Commissioner Stanley, seconded by Commissioner Dunn, that the low bid of $29,987 be awarded to Water Tank Service Company for all labor, equipment, tools and materials necessary for the cleaning and painting of five (5) water storage reservoirs. Commissioner Thompson came to the meeting at this time. The City Manager explained the discrepancy in bids due to the fact that at least two of the bidders did not take the opportunity to inspect the reservoirs and were not familiar with the repair work required or the replacement of spider rods. Mr. Fink, owner of Water Tank Service Company, was in attendance at the meeting and ad- vised that he could start work on the reservoirs within sixty (60) days. Voting Aye: All Voting No: None '0 .. ' ...::., o Mr. Don Carlton, Houston Public Library, Archivist, appeared before the Commission to explain the Historial Resource Depository established by the Houston Public Library to encourage historical research and enrich the resources for such research in the South- east Texas area by providing more adequately for the collection, preservation and adminis- I tration of such resources. This depository will be operated under the supervision of I the Texas State Library as provided for in the Texas Revised Civil Statutes, Article L 5442b, and under Rules and Regulations as may be adopted by the Texas Library and His- torical Commission. n ." N :0 ~ :c ::r:: Ii L--.-J [I ....~- ~Q3 The depository win collect~ 'catalogue and store public and non-public records for a seven county area comprising the Metropolitan Houston area and including Galveston. Access to non-publlc records will be at the discretion of officials of the various governing agencies. , ' Mr. Carlton advised he hatlsent for official papers from:the State for ,transfer of records from municipalities to the' depository.' The Depository information was enthusiastically received by the Commissioners and it was agreed to further consider transferring tityrecords when proper forms "are received. : , ' . '. . . . In keeping: with a r'equestof the City Commission for appeara"nces of Chairman 'of Vario"us Boards and Committees before'the Commission', Mr. Mike Casey,- Chairman of ,the Zoning Board 'of Adjustment, ,reported the"'Zoning Board of Adjustment had held twenty-three (23) Public Hearings on applications since its appointment, with de- c'isions in favor of fi'fteen (15) 'and denial of eight, (8)'-.': He also stated ,that the majority of applications involved setback requirem'ents, porches and decks. Commission members dis'cussed with Mr. Casey" vario'us parts of ' the Zoning Ordinance 'as ,it affected the Z<;ming Board' of A'djustment and asked that ifhehad any su'g- gestions for amendments'or interpretations of 'the Zoning Ordinance'to ,submit them to the City 'Commission. In accordanc'e 'with requirements of the City Charter, Ordinance No. 1064 renewing franchise with 'Entex, Inc. (who recently purchased' Houston Natural Gas Corporation whose franchise with the City of West Uhi:vers'ity P'laceexpires"Ju1y 6, 1976) was rea'd in fu 11: ' , ' ' ~ AN ORDINANCE GRANTING ENTEX, INC., ITS SUCCESSORS AND ASSIGNS, THE'RIGHT, PRIVILEGE AND FRANCHISE FOR A ,PERIOD 'OF THIRTY' (30') YEARS TO CONSTRUCT, 'LAY,- MAINTAIN, OPERATE,- EXTEND,.REMOVE; REPLACE AND REPAIR A SYSTEM OF PIPE LINES ,GAS' MAINS:,; lATERALS AND ATTACHt~ENTS- 'AND ALL' ,DESIRABLE INSTRUMENTALITIES IN, UNDER, OVER, ACROSS AND ALONG ANY AND ALL STREETS, AVENUES, PARKWAYS, SQUARES, ALLEYS AND ALL ,OTHER 'PUBLIC PLACES IN THE' CITY 'OF WEST 'UNIVERSITY PLACE'" HARRIS COUNTY, TEXAS', 'FOR THE PURPOSE 'OF TRANSPORTING, DISTRIBUTING, SUPPLYING AND ~ELLING GAS (NATURAL AND/OR ARTIFICAL AND/OR MIXED) FOR HEAT- ING ; 'LIGHTING, POWER AND FOR ALL'OTHERPURPOSES FOR WHICH GAS MAY ,BE, USED, TO THE 'MUNICIPAUTYOFSAID CITY OF ~JEST UNIVERSITY PLACE, TEXAS, AND ITS INHABITANTS AND OTHERS; PROVIDING CONDITIONS CONTROLLING THE USE OF PUBLIC THOROUGHFARES AND EXTENSIONS THEREIN; ESTABLISHING STANDARDS OF SERVICE; PRO- 'VIDING FOR A RENTAL 'OF THREE 'PERCENT, (3%) 'OF THE GROSS RECEIPTS FROM THE SALE OF GAS FOR RESIDENTIAL AND' SMALl.:',COMMERCIAL'PURPOSES WITHIN THE.CITY, ADOPTING THE PROVISIONS OF 'ARTICLE' XX :OF THE HOME RULE CHARTER OF ,THE CITY:OF'WEST UNIVERSITY PLACE; REGULATING THE TRANSFER OF THIS FRANCHISE; PROVIDING FOR ACCEPTANCE; PROVIDING A SEVERABILITY CLAUSE; MAKING MISCELLANEOUS PROVISIONS; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. Motioriby Commission Thompson, seconded by'CommiSsioner Stanley, that Ordinance Number 1 064' renewing 'francni se with :Entex' Gas'Cdrp6rati on, be approved on the fi rst reading. ' ", ,"', ":H'~' :'.'" '" ' " During discussion it was agreed to n'egotiate':a twenty~five (25) year franchise instead of thirty (30) years, and the City Attorney was asked to explore wording of L , -.---:-.=.1 -----.l........~. ',_ _r:L::r:-" 1JillEr L - ,: III '11n! J[ Illi~ JIJ.:J:IIIllIilllllImn: ':,,"1 mrnl . I JllIDIlllill.'[IT.',m i[lfJ(L ,llr:---1 'I t:.:I:LL_ '_~", [ ~,J':"'_':'] I 204 Section 6 to more speciffcally state all facets of liability of Grantee. , < ,,'c'Voting Aye: All Voting No: None The second reading of Ordin~nce Number 1064 will be at the regular meeting on June 14th, 'and the third 'and 'final re'ad'irig;on 'June 28th. .' The r'equ.ired Public Hearing for rate schedules was, 's'che'du1ed, for June 28th, T:30 p.m.; 'preceding' the third reading of Ordinance No. 1064. . ... . .. 1 I U Mr. 'Jim(t1cGee, 4142 Marquette, representative'of theUh~versity Area Rotary Club, will attend the BiCentennial Celebration in Philadelphia in Jun~ and adVised he would be happy to appear in behalf of the City of West University Place. The 'City Attorney was instructed "to; prepare a resolution extending greetings to the 'Mayor'of Phi1adelphfa and'BiCehtennia1 o-fficialsfromthe City of West University Place for Mr. McGee to present during his 'attendance at the BiCent'ennial Celebration. /, ~ . . ~ ~. '. . , . . ;' . I ~ Due to increased activity at,the Community Building andschoo1grourid, a traffic hazard for persons crossing the 'street fromtheg'ate fn,the fence of the schoo1- ground to the Community Building has been investigated by Police Chief Bryant. A r'ecommendation for IINo'Parkingll 'signs along the east side of Auden Sf. from Ri'ce 'Blvd. south 120 ft. and on the west 'side from the parking area' in front of the 'Community Bui rding so'uth' 90ft~,anda" cross 'wal k' marked on the street. diagonally from the gate to the sidewalk at the library, was presented for consideration. The City Manager was fnstructed'to contactHISD :offi ci'a:l s ,for permission to close 'the existing gateinthe"school ground 'fence on the east side of Auden St. and con- struct a gate directly opposite Mil-ton?' St.in'the'fence. Thfs matter will be given further consideration ,at the next regular meeting of the City Commission. . Members of the 'Commissfon. were advised- of 'adi nnE!r meeti;ng , Wednesday, May 26, 1976,7:00 p.m. atth'e' V.F.W'- CbrrimunityBuflding" 6202 Sixth Street, Katy, 'Texas, to which city -officlals are invited to'hear ,legal counsel speak concern- - ingthe" taxation by, the' Harris' Galveston Coastal Subsidence District. The City Manager reported that he had'no: further information at this time con- cerning the iristallationbf the sprinkler-system aLLiberty Hill Park. . ", ,.. . , ' " . An invoice in the amount of $2,512.58 from Mitchell, Carlson and Associates for professional services rendered on Co10ni~1 PaikRecreationalFaci1ities Plan was presented for cons'ideration.' " ': Motion by Commissioner Stanley, seconded by Commissioner Thompson that invoice in the amount of"$2,512.58 from Mitchell, Carlson and Associates for professional services rendered on' Colonial Park Recreational Facilities Plan, be approved for payment. Voting Aye: All Voting No: None ~_J A Workshop Meeting was scheduled for Thursday, June3rd, to further consider , plans for Recreational Facirliti'es 'at Colonial :Park :from'Mitchell, Carlson and Associates and the City Manager was in~tructed to request the firm to present' dimensional line drawings of a site plan for the entire area as well as alter- l:n nate entrances and '1 ocati ori of bathhouse at' that meeting. L-. n ~ N c.c c;, - ........ == o {I l I L_....J Q 0 t::' ~ I'~' Commissioner Dunn inquired as to the status of the Long Range Park Planning Committee which had been prevfous1y'discussed 'and w,as advised that all sug-' gestions and information for'membership had been ~urned over to Mayor Wallin.' Consideration of p1ans~or Fourth of July BiCentenni~l'Celebration will be a topic for the WorKshop Meeting, June 3rd. ' Mayor Pro-tern Binig inquired 'as to the status of 'the street paving project and was advised that procedures are ready to be turned over to the City Attorney and the City Manager'fs ready to thoroughly dis'cuss all 'phases of street pav- ing with theCfty eommission. A,WorkshOp Meeting' for 'Monday, June 7th, was scheduled for this purpose. Commissioner Stanley advised he is preparing a summary for the Health Board of the history of West UniVersity Place ambulance serVice. It was':agreed that Commissioner Stanley would make arrangements with Dr. N. C. Windrow, Chairman of the Health Board, fo'r a dihh'er meeting between Health Board members and the City Commission for a discussion of the ambulance service and' in .particular procedures for our ambulance service to follow. A proposed Agreement between Wm. Perlmutter Company and the 'City of West' Uni~, versity Place concerning the installation of a 10" sanitary sewer line beginn- 'ing' at the 'rear of .Lofs':3 and 4, 'Block 4, West University ,Plate 1st Addition going east;,to Vanderbilt, nortlito'C'1.son and'then 'east ,to connect into the main trunk 'line on ,Brompton'" wherein Mr. Perlmutter' wouTdpay the entire cost of the construction ofutheHne and' be 'reimbursed by 'the eitY'for::50% of the cost :and expense, was presented for consideration. The city would assess lots as named .. in the Agreement thei r, prorata s'hare of 50% uporiimprovememts of the lots. The City Manager was: i.nstructed,to' present the Agreement to Mr. Perlmutter as written for his approval and it would be given further consideration'at the next Commission meeting. The names of the members of the Tax Board of Equalization for 1975 were presented to the 'Commission for consi'derationfor appointing menibers'for 1976. Motion by Commissioner Stanley, seconded 'by Commissioner thompson, that those 'members who served on the Tax Board of Equalization for 1975 be appointed, to serve on the Tax Board of Equaliiation for 1976; , ' , It was ascertained that the persons previously serving had not been contacted as to their willingness to serve again and the motion was amended to instruct the City Manager to ascertain if the persons who served on the Tax Board of 'Equalization would again serve for 1976. 'Commissioner Stanley accepted the amendment. t' Voting 'Aye;' Mayor ,Pro- Tem Bing 'Conimi ssi oner Dunn' ' Commissioner Thompson Attention of the Commission was directed to the expiration of the appointment of ,Mr. Charles Orsburn as'Associate Judge:of the'Municipal Court on June 11,1976, arid the necessity of reappointment to provide'farthe needs of the Court during any absence; by Judge Dunn. .' " ',-Voting No: Commissioner Stanley - IJ[I~~ !l:::_=.rllll:lID!lUllIIIIIlll!:lr . ----'11.1.' Ii .I,JI[I 2tl6: I. · JUIII~~~~~j lllll~ ~II: ill '. I lliUJ 1111::1 II Ii 1,1 I , . '.' '_.,- , . : ~. ,y' Motion'by Commissioner' Stan'leYtseconded, 'by 'Gommfssioner :Thompson',l ,that: Mr. Char"res Orsburn be appointed as, Assdciate'Judge of the Mu'nicipal Court for an additional, ffxty (60) day peribd~ ' Voting Aye: All , , Voting No: None Resolution' Number 76-12 was presented to the Commission, an'd tr.ead in ,full:: WHEREAS, Mr. Michael Waite, 'employed as Police: D;fspatcher and' appointed Deputy Clerk of the Municipal Court of the'City of West 'Universfty Place, Texas, has resigned his employment with the city; and WHEREAS, Mr. Mark'Moulton has' been' employedas'P..o1ice Dispatcher, 'and is qua li fi'ed to assume the dufi es 'of the- DeputyC1 erk 'of' the Muni ci pal Court. NOW, THEREFORE, BE IT RESOLVED BY THE 'CITY COMMISSION' OF THE CITY OF WEST UNIVERSITY :PLACE, TEXAS:' ,- - "_. Section 1." That Mr. Mark Moulton be, and he is hereby, appointed Deputy Clerk of the Muni;cipal Court of' theCHy of West University. Place, Texas. . . '. "' i ;. , , ' Secti on '2. 'That --the' :appoi,ntment of iMr. Mark Moulton as. DeputyC1 erk of the Municipal Court of the City df:West University- Place; Texas" shall be effec- tive with the 'passag'e of, thfs'Resol utioh: and ,that' he sha 11 assume ' the assigned duties of 'Deputy' Clerk,"after having~ been administered the' ,proper Oath of Office. , i. PASSED' AND 'APPROVED: thi s --day: 'of 1976. Motion. bY Commi ssi oner-Thompson, 'seconded 'by' Commi ssioner Dunn, that Reso1 ution Number 76'.:.12 ;be approved' a's "read. ' ' , . Voting Aye: All Voting No: None A report and recommendation from the Insurance Committee concerning comparison' of benefits and recommending that the City change their Group Hospitalization and Life Insurance carrier ,to Massachu5'etts Mutual Life Insu"r..ance'Company and that Hol"s Wa1dt of 'Wayland Hancock Insurance Company, be appointed as a new agent for this service, and that other eligible agents who are' 'res:idents of West University Place share in the commissions, was presented for consideration. , , Motion by Commissioner Thompson; seconded by 'Commissioner Dunn, that the recom- ,'- 'mendatibn of the Insurance, Committee that the City' charige'their Group Hospitali- zationand Life Insurance : carrier to' Massa'chlisetts Mutua l-:Life',lnsurance Company, effective June 1,1976, and that Hollis Waldt of Wayland Hancock Insurance CompanY, 'be appOinted asa new agent for this service, and that'other e1igible.agents who are residents of West University Place share'in :the'conimissions,be accepted. Voting Ay~: All Voting No: None Attention of the City Commission was ta11ed:to.Enforcement Order from the Texas Water Quality Board'whereincertain':.thi,ngsmust,be;'a'ccomp1ished:before May 31, 1976. Consulting Engineer Dieter Ufer has advised that"certain items can be accomplished by the city to meet requirements of the Enforcement Order other than those being pursued by his firm. "~.... ,~~~*p . l '" ,~"'t."~_,, ,", " Il u ,.-,0. '. ,:.c ; .~.,~.: o n n Cj C\l c.c ~ - ...1_' 0:: o -nil" " I' !. ;1 I I~I 201 A cost estimate to purchase' and 'installchl orination unit to supply 500 pounds of chlorine per day to be installed in the sewage treatment pump house in the amount of "$4,200 was'presented 'to the Commi:ssioh for consideration: , , Motion by Commissioner;~hompson, seconded by Commis~iQner Dunn, that the City Manager be:authorized. to advertise for bids for the'purchase and installation of chlorination unit to supply 500 pounds of chlori'ne per day to be i'nstal1ed in the sewage treatment pump house, to be received June 28, 1976. ,Voting Aye,: A1 F., , Voting No: None An invoice'from Hood & Wedemeyer Welding 'and Press' Co. , Inc. in the amount of $2,800 for rebuilding International TD-158 tractor,used at the sanitary land- fill, and an invoice in the amount of $200.00 from the same company for trans- portation to and from'the sanitary landfill, were presented to the Commission for their consideration. Motion by Commissioner Thompson, seconded by Cormiissioner Stanley,. that invoice from Hood & Wedemeyer Welding & Press Co., Inc. in the amount of $2,800 for re- building International TD-15B tractor u~ed at the sanitary landfill, and an in- voice in the amount of $200.00 from the same company for transportation, be approved. Voting Aye: All Voting No: None " , ,), . . >~';.~~:.::'. City Attorney'Charles;...Cockrellreported that at the request of the Commission he had searched the s:t~tute pertaining to depository of funds in Savings and Loan!, Associations ancl' although "bank associationstt, Hbankersll, etc. were named, a definition of the terms seemed to preclude Savings and Loan Associa- tions. He also stated he had contacted someone in the Savings and Loan busi- ness, but had received no reply or opinion from him at this time. Commissioner Dunn requested that the matter of fencing 'the wading pool be. investigated, that a lifeguard be stationed at the sha'llowendofthe large pool and that the Rules and Regulations for the pool be submitted for consideration, especially the wearing of glasses in the pool. It was reported that work is underway at Weir and Whitt Johnson Parks for im- provements of various areas. The lengthening of the basketball court at Weir Park is started, as well as earth removal for new landscaping. Due to the many inquiries from citizens, a sign is being placed at the park to explain the "new 100k" the park will soon have. Mr. Jerry Parish has suggested that it might be more economical to delay the extension of the tennis court area to the west, if plans are to resurfac~the courts next year and make the extension at that time. At Whitt Johnson Park, city personnel have begun knocking off the old roof on the shelter and Mr. Jerry Parish has submitted plans for construction of a new shelter. The City Attorney reported that after he had been notified by the Alcoholic Beverage Commission that the Bunny Show Club's mixed beverage permit would expire May 18th, he had prepared and submitted a protest to the A1colholic Beverage Commission that the application be renewed and was notified that a Hearing on the application would be held in Austin on June 15, 1976. Mr. Cockrell and patrolmen involved in filing complaints against the Club would attend the hearing in behalf of the city's protest for renewal of license. . I' [ 'rrl 11]111 1"' I J..:iIII '1111[1 i I J iH~mmmiIDllUl I [ i!_I.JI[11 , 208 II jUlII~U~lllllnJlll JII llU' .. 1 ,ru ' I i I " :; ,.".1...." .'.j Minutes of the regular meeting of the Zoning and Planning Commission on May 11, 1976 were presented to the Commission for their information. Minutes of the Safety and Accid'ent:' Review Board on May(,lh 1976 were pre- sented to the Commission for their information. C--1 i I ; I ~I Minutes of the Plumbing Boardori May 3rd'and'May ,17th were presented to the Commission for theirinforinat.ion~ Minutes of the regular meeting of the City Commission on Monday, May 10, 1976, were presented for consideration and the following actiun ta~en:Motion by Commissioner Thompson, seconded by Commissioner Dunn, that minutes of the regu1 ar meeting' of the City Commi ssion on Monday, May 10, be approved as sub- mitted. '. ':~.'I Voting Aye: All' i Voting No: None -./) With no further business to come before the Commission at this time, upon motion duly made seconded and c'arr'ied,the meeting adjourned at 11':00 p.m. . ,~_. """'~. ,:'.:'y:....... ~ . ":~ 13' · ... .:. Mayor Pro- T~ j'"' .~: - . J ATTEST: ~~ At t' 'C'tS t ' , SSlS an . 1 Y ecre ary . l...- n M (\}, c.c C; 0::: ::r:: o ~: '-----" 2G9 I REGULAR MEETING OF CITY COMMISSION June 14, '1976 The City Commission convened in regular session at the City Hall on Monday, June 14, 1976, 7:30 p.nL; iwith the following members pne'sent: Mayor Pro-Tem Mary Ann Binig, presiding; Commissioners Dunn, Sta.nley and Thompson. The City Attorney and City Manager were a'lso present. MayarWallin was out of the 'city on busi ness. . ' The Invocation was pronounced: by Commissioner Stanley. Chief of Police James' Bryant introduced Patrolman Sam Millsap who was recently employed as a member of the Police Department. Mayor Pro-Tem Binig administered the Oath to Patrolman M~l:lsap and we1com~dhi,ni, a~ a new empl~yee. " .. Mr. Stephen K. Huber, 6421 Mercer' Street ~ appe'ared before theCommi ss ion' to express the concern of a number of residents on Mercer Street concerning pro- ' posed paving of such street even though they are basically opposed to such paving.Mr.'~Huber stated that 'publicity prior to the recent bond election stated that no streetwou'ld'be paved without a p'etition signed' by'eighty (80%) percent of the property owners requesting a street be paved. Mr. Huber also , stated that he had recently learned of'a II cram-down II provision of the State of Texas whereby the City Commission could instigate paving of streets where it was determined such paving was' neces'sary.' ' , '. - .,:: Discussion by members'or'the Commission 'indicated each was a.ware that the City could pave streets under the provisions of --the 'Texas Paving Statutueswhereno property owner petitions had been filed, however, it was noted that such action' had not been' taken by: any':previous City) Commission and such action was not now contempl ated'- ; n" Mr. Jack McAninch, 6358 Mercer,' was advised:-that property owners would pay an assessment for only the property they owned abutting Mercer Street, with the city paying costs for all intersections. - . . . , . . ~. City Attorney Charles Cockrell reviewed the"-procedure that was 'required for a paving project, citing'ttie 'necessfty"for>determiriationby the City Commission which streets should be improved; prepa.ration and filing of plans andspecifi- cations; adoption of an ordinance determining the necessity for the improvements; ca 11 ing ofa public hea ri rlg, etc:'. ' , Mr. Thomas Wylie, 6338 'Mercer Street, inquired regarding informati'oncoricerning possible escalation in cost withfn the' next few 'years" stating that it might be more des i rab 1 e to have ,cthe :streetpaVed now if it i s 'bel i eved that pri ces will continue to escalate. Mr. .Earl Johns,on, 6519 Mercer, was advis'ed that replacement 'of driveways is the ,respons ibi1 ity of the i ndi vi dua 1propefty' owners and waul d, not be i nc1 uded in the paving assessment. . Mr. John S'chmi dt, ,3304 Robi nhood; 'appeared;' before the. Ci ty Comini SS i on to express what he believed to be information 'in 'the"city'sfence 'ordinances that is most difficult to interpret. Mr. Schmidt reviewed provisions regarding facing of fences that was included .iriari ordina'nce:passe'd by the City Commission and 'later del eted when such ordinance was amended. " ' 1. _ __ ---r.-. - ------.l _ I I [. Ll..l-::-l......- I' . 1.-JlII' 'l1Ii[,[IJiliJillllllIllIlllllllJ[J[ I I II]El~ i:: L i! ;1-.1]1[1 210 I I JOO-[[JJUIIl......I ,~I. 'I I I UJr ~ '; i' ]1:1..:1 II. r~1 I ;11 .::, .: ..'~:t j, :" I Mayor Pro-Tem Binig advised Mr. Schmidt 'that there were a number of provlslons of the fence ordinance that'members of the Commission desired to review and that such provisions would be considered within the next few days. ~.' <. ~-. Mr. Charles'~Jilson,: 2911"Bissonnet, advised the Corrimission that he appeared on 'behalf of themefnbers'ofthe University Place Townholise Civic Club con- cerning the fence located between the Bissonnet properties and the rear line of the houses on Wroxton Road. Ordinance Number 879 which created the town~ house district required that an opaque fence must be constructed and maintained at such location and members of the Civtt Club'desired to re-construct the original fence which is in disrepair, using a chain link fence. Mr. Wilson stated that torep1 ace .thewooden' fence would cost approximately $4 ,000 and 'the' i.nstallation 'of a chain"link fence would require some'::$2;000. Mr. Wilson re- quested that the Coinmi ssi onconsi der an amendment to 'the ordi:nance to provi de for the construction of a chain link fence, but that if such request was not approved 'to permit the'construction of,a new wooden fence in such a manner that it could :be maintained. ' . " Mayor Binig assured Mr. Wilson: that the Commission will consider his request in the near future artd would. also visit 'the site of the fence construction. Mr.' G-harles Baldwin, ~2903 Robirihood', advised the Comnfission that he and a number of other residents in attendance at the meeting were concerned a.bout the so- ' called improvements being made at Weir Park, with primary concern being 'given to the proposed construction of additional parking spaces. Mr. Baldwin stated that it was theopini'on of regular users of the'park:ifacility that additional parking was neither necessary: or desirable :at the park; . City Manager Whi tt Johnson reviewed recommendations thp,t, had been made to the City Commission by the Parks and Recreation Board for the renovation of Weir Park which included reconstruction of Belmont Street to allow fourteen (14) head-in typeang'le parking spaces and 'i'nstallation of "No Parking',' signs on . the east 'side of Belmont Street. Mrs. Phy1iss Segal, 2901 Sunset; Mr. Frank Billings, 3123 Sunset, Mr. Byron Barnes, 6420 Belmont, and Mr~ Charles King~ '2019 Quenby each expressed their disp1easure-~ith plans for increasing' ~arkfng facilities 'at the p~rk and 'the reritdva 1 o~ play equi pment at the time ,schoo'l was' out for the summer. It was established that plans for the construction of 'the additional parking facilities were hoped to be included with the installation of a storm sewer to'be located on Be1niont 'Street in order to secure a'better priCe '-quotation. Members of theComnitss'i on advi sed those in attendance their preference woul d becorisidered when furtheracti'on is taken on this matter. ' Mr. Jerry Hazelwood, Chairman of a committee appointed by the City Commission to studY' the'provisions of the' Natfona1 'Building eode; and the Southern Building Coderepo'rted that meetings had'been held ona bi-~eek1y basis and 'that compari- sons were being made between the two codes. Mr. Hazelwood requested that the City Commission consider the. appointment of Mr. Henry Faulkner, 2701 Centenary, as a' member' of 'the: Comniittee in order toprovi de s'uchCommittee the' benefit of his kno~ledge ~ndexperienceas a niec~anica:1eri9ineer. ' Motion by ComniissionerStan1ey, seconded by 'Commissioner Thompson, that ~1r. Henry Faulkner be officially appointed as a member'of the Building Code Study Committee. [I : I I 1- L..J ~. ,'> ,- I. .>,,-< -..,..~. ".- ,. ;'.:::'C':"l.- Ii J iJ I I \ [ C"? C\.l c.o c - ...... 0:: n l~! r I I I '---- 2'1 ~ Voting Aye: All , Voting No: None , Mr. Haz1 ewood advi sed the Commi ss i on that subsequent to thei r study of the' code they would like to meet .ith the City Attorney to prepare any changes or modifications the committ~~)might deem necessary'to,ma~,~-,the provisions of the code recommended more suitable to construction within the'City of West University Place. . . , In accordance with previbus action of the City Commission, bids received for furnishing all labor, equipment, supervision, tools and'materials for the con- struction of a shade shelter in Whitt Johnson Park were opened and results an- nounced as follows: ' Bidder, . Tom Bacon (IndiVidual) Knight's Home Improvement " ,Kelsey Properti es , H. 'S. Ski~~er Realty'. Lumo Sum Bid '$ 4,722.00 No Bid 1,750.00 4,742.00 Motion by Commissioner Thompson, seconded by Commissioner Dunn, , that Kelsey Properties be awarded a contract for the construction of a shade shelter in Whitt Johnson Park. Voting"'Aye: All "Voting No:i None , ',' I Bids received for furnishing the city's chlorine requirements were opened,and results announced as follows: $0~125 per lb., 2000-1b containers 0.177 per lb. 150~lb cylinders Motion by Commissioner Thompsori,: seconded by Commissioner Dunn; that Dixie Chemi ca 1 Company be awarded 'a' contract for furni,shing the ci ty I s ch lori ne requirements in approximate amounts of 40;000 pounds in'one~toh containers and 13,500 pounds 'in '150:pound 'cylinders. ":'DiXie Cheinica1 Company Voting Aye: All Voting No: None In accordance with previous action of the City Commission bids received for furnishing one chlorine scaTewere open~d 'and results announced as: follows: A~ G. Bai1'ey Company Colt Industries' Toledo Scale' $ 2,195,.00 2,458.34 No Bid Motion by Commissioner Thompson, seconded by Cominissioner'Stanley,:that bids received for delivery of one chlorine 'scale be referred to the City Manager for tabulation and study and a recommendation for purthase,be presented to the City Commission at itsnex~:regu1ar'meefing"onJ'une 28',,'1~76~ Voting Aye': All' , 'Votin~ NO:I None Commissioner Philip, Dunn advised the 'Commission that information' had been received regarding establishing a Mealsite in the city in conjunction with !1_IUli[11 212 II JWIIUOO~IIIUI'IIIIU Iljl, 'I [ll1J __. . JL.L.JU! 1,1 the Service to the Aging provided for older citizens. The following budget was presented: . , . , Site Director Janitor Util ities Beverages & Cups Crafts, & "Games'. 'Supplies Fi 1 e Cabinet. Trave 1 Trips~ trip insurance " $ 5,400,,: 1 ;200;" '.' 960 500 150;" i 125' ' "65', 120 275 Total for ,One year $8~795 Commissioner Dunn stated'that the Mealsite Program was available under a grant to Harris County and the only,requirement of the city at this ,time was a letter of intent to the county advising that the city will provide a .site and partici- pate in the program.' ., " Motion by Commissioner Dunn, seconded by Commissioner Stanley, that the City Manager be authorized to draft and forward a letter to Harris County Senior Citizen's Project detailing the intentions of the City of West University Place to avail itself of funds for a Mea1site Program. , , , Voting Aye: All VotihgNo: None -Ordinance Number 1064 was presented to the Commission and read' in full: AN ORDINANCE GRANTING ENTEX, INC.~ ITS SUCCESSORS AND 'ASSIGNS, THE RIGHT, 'PRIVILEGE AND'FRANGHISE'FORA PERIOD OF THIRTY (30) YEARS TO- CONSTRUCT " LAY, MAINTAIN; OPERATE, , EXTEND,. REMOVE, REPLACE AND REPAIR'A SYSTEM OF PIPE LINES, GAS MAINS, LATERALS AND ATTACHMENTS AND ALL DESIRABLE.' IN- STRUMENTALITIES IN, UNDER'~- OVER, ACROSS AND ALONG ANY AND ALL STREETS,'AVENUES~ PARKWAYS, SQUARES, ALLEYS AND ALL OTHER PUBLIC PLACES IN THE CITY OF WEST UNIVERSITY PLACE, . HARRI S COUNTY; TEXAS ~ FOR THE PURPOSE OF' TRANSPORTI NG, DISTRIBUTING, SUPPLYING AND SELLING GAS (NATURAL AND/OR ARTIFICAL AND/OR MIXED) FOR HEATING, LIGHTING, POWER AND FOR ALL OTHER PURPOSES FOR WHICH GAS MAY BE USED~ TO THE, MUNICIPALITY OF SAID CITY OF WEST UNIVERSITY:PLACE, TEXAS AND ITS INHABITANTS AND OTHERS; PROVIDING CONDITIONS CON...: TROLLING THE USE OF PUBLIC THOROUGHFARES AND EXTENSIONS THEREIN; ESTABLISHING STANDARDS OF SERVICE; PROVIDING FOR A RENTAL OF THREE PERCENT (3%~'OF THE'GROSS RECEIPTS FROM ,THE SALE'OF GAS- FOR ,'RESIDENTIAL AND SMALL COMMERCIAL PUR- POSES WITHIN THE CITY; ADOPTING THE 'PROVISIONS-OF ARTICLE XX OF THE HOME RULE CHARTER OF THE CITY OF WEST UNIVERSITY PLACE; REGULATING THE TRANSFER OF THIS FRANCHISE; PROVIDING FOR ACCEPTANCE; PROVIDING A SEVERABILITY CLAUSE; MAKING MISCELLANEOUS PROVISIONS; AND REPEALING ALL'ORDINANCES'IN CONFLICT HEREWITH. . . , , . j ~ ~, i-I LJ " . ~: ,"~' J J u ~ M (\) c.c ~' 0: ::0 [ Ii !13 Motion by Commissioner Thompson2 seconded byComri1issioner Dunn, that Ordinance Number 1064 be approved on its second reading. Voting Aye: All ~i~" . , '\f;~V0ting No: None The Commi ssi on wasadvi sed that a'll former members" of the Tax Board of Equal i za- ti on had been contactei:k and were will i ng to serv'€! again. I Motion by Commissioner Thompson, seconded ,by Commissioner Dunn, that the Fo110w- 'ing persons'be appointed to serve as members of the Tax Board of Equalization for the year' 1976: ' ' '" , , Mr. Charles A. Gillian, 3620 Georgetown Mr. W. J. 8'i erne:, 2618 Cason' , ' Mr~ Dal Heiskel1;'3004'Rice Boulevard Voting Aye: All Voting No:' None City Attorney Charles Cockrell advised the Commission that consideration should be given to payment of invoices received from"the Harris-Galveston Coastal Sub- sidence District inasmuch as notification' had been received that a suit would be entered against the_city for'fa'ilure :to,pay.' Mr.'Cockrell further stated' . that payment could be made under protest if the Commission:desired to do"so. ' Motion by Gommissioner'Stan1ey, seconded by Commissioner Thompson,"tttatCthe Harris-Galveston Coastal Subsidenee District invoices in the amount of $8,992.64 and~'$51.84:,be paid' under protest' and that the City Attorney be directed to send' to the: District"anappropriate 'letter of protest.' , Voting Aye: All Voting No: None Resolution Number 76;..13'waspresented,to the Commission: and read'in full: WHEREAS, the City Manager actively sought the services of aqualiffed city engineer; and WHEREAS, Mr. J. D. Legler of LaGrange, Texas, served more than twenty (20) years with the State>Hi'ghwayand,P~b:lic Transportation 'Coinmiss'ion; and 'WHEREAS, Mr: Legler was interested 'in conti'ni..ting his career in'the- field of professional engineer,ingand made application to the city for the posi- tion of city engineer;" and . ' . , , WHEREAS, Mr. Legler was employed on May 3, 1976, and has responded beyond professional requirements and standards in fulfill ing'th'e duties :and re- sponsi bi 1 fti~sassi'gn,ed . tcrh'im; and WHEREAS, the City'Counci1 of the City oLLaGrange;the hometown of Mr. Legler, recognized 'the: attributes ana qualifi:cations' (J'fJ."D. Legler and invited him t9 accept the position of City Manager of the City of LaGrange; and . ., - WHEREAS, Mr. Legler considers than an opportunity and challenge and a position- of longevity where his fami1l'an~ relatives reside; and L, _..l~~. '1lI1!"![.illiIiiLllIIlIIlilDlllllllliJI ! 1 . I]m;r'" L ";, . j J::r:-l........-_ , I III: t'I,JI[1 ,214 I I jrnlIUOO~ l"rrlll~I!IJ[11 111~i: i' II' : I lli!JJ ~' ---LLL-I II 1 WHEREAS, his warm and reserved attitude has gained him many friends during his short tenure with" the. city.; ." ; " NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Secti on 1. The City Commi ssion". hereby commends, Mr. 'J. . D'; Legl er for his attitude, dedication" and fu1fillment~6f~the'respo~sibilities assigned to" him as city engineer. " Section 2. ,That the 'CitrComm;ssion,':City. Manager and city' employees wish him a successful future and will be following his career.with noteworthy interest. , Section 3. That this Reso1ution'be spreaa upon the official minutes of the City Commission and that:'a'true:'and correct copy be signed by the Mayor, each member of the City Commission and the City Manager and that a copy be given to Mr. J. D. Leg1eruand 'a copy forwarded to the Mayor and City Council of the City of LaGrange, Texas. PASSED AND APPROVED,this .' , 'day of ,1976.' Motion by' Commfssi oner Thompson.. seconded byComnii ssi oner Dunn,- that Reso 1 uti on Number 76:..13 be' approved as read; ". Voting' Aye: . All ' VatingNo~' None The .commiSsion was presented a' plan andmateria'l list 'p:repared by ,Hall Equipment and Supply Company for the instanation of a sprinkler 'system at; Liberty Hill Park. Motion by Commissioner Stanley, seconded by Commissioner Thompson, that the City Manager" be, authorizea"to "advertise for bids for the installation of a sprinkler system in Liberty Hill Park with bids to be received by the City Comini ssionon JulY 12', 1976~ ' Voting Aye: All Voting No: None Plans for' a sanitary sewer line"connecti on to serve the south 124' 'of Lot 1, Block 4, West University Place 1st Addition, on the northwest corner of Buf- falo Speedway and" Bellaire Boulevard as well Lot 4,B16ck 3, West University 'Place' 1st Addition were presented to the Gommissionwith an agreement with Mr. William Perlmutter for reimbursement for capital expenditures in the'construc- tion of such sanitary sewer line. Motion by' Commissioner: Thorripson; seconded by Commissioner'Stan1ey, that Mayor Wallin be instructed to execute a contract with William Perlmutter 'Interests for reimbursement of 50% of the cost and expense of the installation of a sani- tary sewer 1 i ne by the owners of Lots' 1 'and 2, Block 4, Lot 4, Block 3 and Lot 4, Block 2 West University Place> 1st Addition as such lots are: developed. Voting Aye: All Voting No: None The Commission waspr'esented a rep1atof,'L'ots 3 'and 4, Block 4, West University Place 1st Addition which are being developed by Mr. Wm. Perlmutter. . ---- .., .1 u fi : ,~ ......::r.. ',,:.,,-; o Il L1 n C't: C\}, c.c '~' :r:: ::0 D II . Q 1: t;!:' I i".J .I~, Motion' by Commission'er-,Stanley, seconded by Commissioner Thompson~ that the: Mayor be authorized to approve,arep1at of Lots 3 and 4, Block' 4, West Uni- versity Place 1st Addition upon correction of the certification on such plat. Voting Aye: All Voting No: None Ordinance Number'1066cwas'presented to the Commissiokfand read in full. AN ORDINANCE PROVIDING 'FOR THE APPROVAL OF THE AGREEMENT DATED JUNE 14, 1976,'BETWEEN THE STATE OF TEXAS AND THE CITY OF WEST UNIVERSITY PLACE, FOR THE INSTALLATION; CON- STRUCTION, EXISTENCE, USE, OPERATION AND MAfNTENANCE OF HIGHWAY SIGNAL. PROJECT AT THE LOCATION SHOWN OF EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF~ IN THE CITY OF WEST 'UNIVERSITY PLACE; PROVIDING'FOR'THE EXECUTION OF SAID AGREE- MENT;'AND DECLARING AN EMERGENCY. Motion by Commissioner Thompson, seconded by Commissioner Dunn, that' Ordinance Number 1066 be approved as read. Voting Aye: All Voting No: None An invoice received from Bayshore Engineers, Inc. for professional services rendered in preparation of an interim improvement study of the sewage disposal plant as required by an Enforcement Order issued by the Texas Water Quality Boad was presented for consideration. Motion by Commissioner Thompson, 'seconded by Commissioner Dunn, that Bayshore Engineers; Inc;'be paid the sum of $1,685.00 for professional services rendered in the preparation'of 'an interim ,improvement study for the city's sewage dis- posal plant. Voting Aye: All Voting No: None An invoice in the amount of $2,800 submitted by Traffic Engineers, Inc. for engineering services relating to the city's application to the Governor's Office of Transportation Study was presented for consieeration. Motion by Commissioner Stanley, seconded by,Commi,ss,ionE;!f;, T~oIT1Pson, that Traffic Engineers, Inc. be paid the sum of $2~800 for engineeringserv'ices' rendered in conjunction,with the city's application to the Governor's Office of Transporta- tion Study. Voting Aye: All Voting No: None An invoice received from Greer, Moreland, Fosdick, Inc. in the amount of $13,160.45 for professional services in connection with the issuance, sale and delivery of $1,700~000 General Obligation Bonds was pre~ented for consideration. Motion by Commissioner Dunn, seconded by Commissioner Stanley, that the firm of Greer, Moreland; Fosdick, Inc. be paid the sum of $13,160.45 for professional services rendered in the issuance, sale and delivery of $1,700,000 General Obligation Bonds. Voting Aye: All Voting No: None .---J ,:',,"( ,llill[! ~L-1II11DlIllllllllll]I!['JJJ iLL:llI Ilr:------;r----~I"-II' I:IL ... JJ " ': .. T 216, City Attorney Char1 es Cockrell reada 1 etter he had received from the Ci ty Manager requesting information regarding re-districting the city and the legality of granting ad' valorem tax exemptions to disabled veterans. The Commission was advised that a local engineering firm had submitted a proposal for the comprehensive monumentation and mapping system of the city and this item should be included, on a future'workshop session ofthe;Gommission" ' Minu.tes of the Electrical Board meeting on May 24,1976;, the Zoning Board of Adjustment meeting of May 20, 1976; aha the 'Zoning and Planning Commission on June 8, 1976, were presented to the Commission for their,information. Minutes of the regular meeting of, the City Comniission ont10nday, May 24, 1976, were presented for consideration and the following action taken. Motion by Commissioner Thompson, seconded by Commissioner Stanley; that minutes of the regular meeting of the City Commission on May 24, 1976, be approved as submitted. "VotingAye: All Voting No: None With no further business to come before it at this time, upon motion duly made, seconded and carried~ the meeting adjourned at 12:15 p.m. '. r ~ . ~S . ",~ '" ' " ""6May.or pro-~ ATTEST: " "" A~C.&~~ SSl S an T yecre ary' ' . 1\ l...j .....:;. . .~! ,',-;- " '.:' ;... -:-.\ ~.::;. . ~. "'. ~._....:.! u J n M C\! tC ~ - ,...... 0:: II [i REGULAR MEETING OF THE CITY COMMISSION June 28 ~ 1976 ' ;:~ j' ~ . ~ . ((. The City Commission convened in regular session at the City Hall on Monday, June'28,1976; 7:30"p.m., with the:following members present:' Mayor Wallin; presiding; Commissioners Binig, Dunn and Thompson.' The City Attorney and City Manager were also present, Commissioner Stanley was absent. , ,. The Invocation was pronounced br Corilmi's~ioner rho~psori. Mayor Wallin announced that the City Commission would hold a Public Heari'ng called for this date and hour to hear and consider a proposed franchise to Entex,. Inc. for provi ding ga's t~d ~esidents ,of the, City of West University Place. - . t ~ , ' Mayor Wallin ascertained'from the secretary that Notice 'of Public Hearing was published in the Houst~n Chronit1~ on June 12,1976; and Notice of Meeting had been posted in the City' Hall on:Thursday, June 24', 1976, thereby fulfilling all legal requirements for the holding of the Public Hearing. Ordinance Number 1 064granti ng a franch'i se' to Entex , Inc. fora ' period of' twenty- fi ve years ana Ordinance' Number 1065' es'tab lishi'ng rates to' be charged were p're- sented to the Commi ssi on ahd reaa"i n full.' .,' , AN ORDINANCE GRANTING,ENTEX, INC;, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE FOR A PERIOD , OF TWENTY FIVE (25) YEARS TO CONSTRUCT, LAY, MAINTAIN, OPERATE, EXTEND', REMOVE,- REPLACE AND REPAIR A SYSTEM OF PIPE LINES, GAS MAINS, LATERALS AND ATTACHMENTS AND ALL DESIRABLE INSTRUMENTALITIES IN, UNDER, OVER, ACROSS AND ALONG ANY 'AND ALL STREETS, AVENUES, PARKWAYS, SQUARES, ALLEYS AND ALL OTHER PUBLIC PLACES IN THE CITY OF WEST UNIVERSITY PLACE,' HARRIS' COUNTY ,TEXAS, FOR THE' PURPOSE OF TRANSPORTI'NG ,DISTRIBUTING , SUPPLYING ,AND' SELLING GAS: (NATURAL AND/OR ARTIFICAL 'AND/OR MIXED)' FOR HEATING~ . , 'UGHTING, POWER 'AND FOR ALL OTHER PURPOSES .FOR WHICH GAS MAY BE USED, TO THE MUNICIPALITY OF SAID CITY,OF WEST UNIVERSITY PLACE, TEXAS, AND ITS INHABITANTS AND OTHERS; PROVIDING CONDITIONS CONTROLLING THE USE OF PUBLIC THOROUGH- FARES AND EXTENSIONS THEREIN; ESTABLISHING STANDARDS OF "..S'ERVICE;..PROVIOING FOR A',RENTAL OF THREE PERCENT (3%) OF 'THEGROSS RECEIPTS' FROM THE SALE:' OF 'GAS: FOR RESIDENTIAL AND. SMALL'iCOMMERCIAL 'PURPOSES WITHIN THE 'CITY;' ADOPTING ' THE PROVISIONS OF ARTICLE XX OF THE HOME 'RULE CHARTER OF THE CITY OF WEST UNIVERSITY PLACE; REGULATING THE TRANSFER 'OF THIS FRANCHISE ;'PROVIDING:FOR ACCEPTANCE ;'PROVlDING A' " 'SEVERABIl:lTY"CLAUSE ; MAKING :MfSCELLANEoUS PROVISIONS; AND ' REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. . , , . ~r.' . 'AN ORDINANCE DETERMININGAND:'FIXING SCHEDULES OF RATES TO 'BE"CHARGEn"BY'i ENTEX, :lNC.;"ITS 'SUCCESSORS AND ASSIGNS, IN ~ THE CITY OF WEST UNIVERSITY ,PLACE, TEXAS, FOR NATURAL GAS, AND NATURAL G'AS 'SERVIC[' FURNISHED BY' IT TO RESIDENTIAL AND COMMERCIAL CONSUMERS, PROVIDING FOR RATES FOR LARGE VOLUME ['~, ,j, , .1 I 'r" ,', .LI.iI~il I' , 'III 'I1ITI[,IGliilJlllillIIIIlIIIIUJl ! 21~ IlEUM' 1..' II :'.. '"1...1'11I[11 JDIIIIIIIIDIIH!I'!I: II ILLI, 1111 r----r..'l.IL 1 ,.... ',..JJ, I II .------,---']-- 1 ,I . .. ,,', ,'I 1.1 218 CONSUMERS; FIXING THE EFFECTIVE DATES OF GAS RATES PRESCRIBED IN THIS ORDINANCE; MAKING MIS'CELLANEOUSPROVISIONS AND RE- PEALING ALL ORDINANCES I~'CONFLICT4 ] Commissioner Stanley arrived at the meeting at this time. , , , . , .- Mayor Wa'llin administered the Oath to 'Mr~ ,ThomasJ'~ Lee'1 Jr'1 Vice-President and Houston Divisiun'Manager, Entex1I~c~ In response to a question regarding reason for the franchise being granted for a period of twenty-five (25) years: rather ,than, fifteen (15) Mr'~ Lee'" advised that required financing necessitated signing of long term franchises in order to aS5urefuture gas supplies. ' Questions posed by members" of the Commi ss'i on' to Mr. Lee' covered areas of interest paid on meter deposits; company policies covering removal of meters from residences, when repairs are made rather than locked; publication of ordi- nance captions; company polities regarding,cutt'ingor bt;>ring streets when're- pairs'are nece$sary; costs of gas to Entex; and provisions for future gas reserves. ./ : -Of " ,.,> . '-'.- Mr. Lee, as representative for Entex 1 ' Inc. " was requested to furni shtheCi ty Commission Ordinance No. 1064 revised to inc1ude'anindemnification provisioi'f in Secti on6; company policy regardi ngremova'lllocki ng of gas meters when re- pairs are necessary; company policy regarding cutting/boring of streets when line repairs are required; and clarification of the,rates charged residential tustomers. ' Moti on by Commi ss loner Thompson 1 seconded by Commi ss i oner Dunn, that the Pub 1 i c ]:' Hearing be closed. Voting Aye: All ,Voting No: None Motion by Commissioner Thompson, 'seconded by Commissjbner Dunn, that the City Commission withhold action on Ordinance No, 1064 and Ordinance Noc.1065 pend- ing receipt of additional information 'requested 'from Entex, Inc~' and that both Ordinances be intludedon the agenda for the regular meeting of the City Com- mi ssion on July 12, '1976;' Voting Aye: All' Voting No~ None Mrs. Betty Sellers and Mr. John Burns~,Co~Chairman of the'tity'sBiCentennia1 Committee, appeared before the Commission to preseritna plaque received from President Gerald' R.Ford Commending "the' City of West University Place for its participation in celebration of the BiCehterinial. Mayor Wallin thanked Mrs. Sellers and Mr', Bu'rns and expressed appreciation for the work that they "had' done as Co':"Chairman "of the BiCenten'i1ial Comm:ittee. ,- , - . Mr. Herbert Behrend, 4137 Riley, appeared before the Com~ission to request that he be exempted from construction ofa 'sidewalk' on the West Point side of his new residence inasmLich as there are not sidewalks on aoutti.ng property, Mr. Behrend stated that it was his intention tcfcolitinuetheRi1ey Street side- ~ wa 1 k wh j eh waul d be Toea ted on the s j de of hIsriew res j denee. .. I_:J II '" C\J ~ Ci' - "'"-' 0: [1 u 21-9 , " . .. It was the decision of the Commission that Mr. Behrend should submit a letter requesting permission. to delete construction of the sidewalk on West Point Street and agreeing to construct such sjde~alk 'if, and when the City Commis- sion deems such construction in the best interest of the city. Mr. S. E. Woodall, 6549:Westchester, stated that he hgd lived in West University since 1960 and complimented members of the Commission'and the City Manager on effi ci ent operati on of the city. Mr. Wo_oda 11 requested that the Commi s~;; on give consideration to the instal1ation'of a "Stop" sign on Westchester at Cason to deter speeding traffic. , , Mayor Wall in advi sed Mr. Wooda 11 that, hi s request\.jou1 d be turned over to the Chief of Police for study and recommendation: Mrs. Mari1yn.PaxtQn,Dir(ictor, Service to the Aging, presented a report on the ,op,eration of' such.service t9 residents of the, ci,ty for the first six months. ~1rs. Paxton listed specific areas of. responsibility; information requested' most frequently by residents; contacts ,made with other agencies; methods by which needs of residents have been determined; services provided and planned for future development. ' Mayor Wallin expressed appreciation to Mrs.. Paxton for the excellent job that had been done serving the needs of the city's senior ci,tizens.' , ,- . . . I n accordance' with previ ous acti on of the City Commi ss ion, bi ds rece.i ve,d for' chlorination equipment to be installed at the sewage disposal plant were opened and results announced. as.fo110ws: A. G.' Bail ey ,- Chl ori nator - $2,650. Chl~rimatic of Houston - No Bid ' Gu1fg.ate Engineering - Chlorinator. ~ . total bid price of $4,929.0.0 C,. J,~, Wo1 fer..., No Bid ,',"", ,f No. bid on pump $2,8J5.~ Pump - $2,114.00. for a Motion by Commissioner Binig,.seconded by Commissioner Stanley, that bids' re~ ceived for:, the ,installation of chlorination equ,ipment at the s,ewage disposal, p1antber~ferred to th,~CityManager'and Sanitary,Engineer H. R. Duke for '" study and a recommendation be presented to the Commission at i:ts next regular meeting on July 12, 1976. ' .', Vot.ing Aye: 'A1J . Voti ng No: None In accordance with instructions of the City Commissi6n~ a recommendation was' made that ~he proposal pf A. G. ~ai1ey.Compan~ be, acc~ptedfor installation of achlonne sca1~.atthe.water plant on thew 10wbld of$2,195.00.' Motion by Commissioner Thompson, seconded by Commissioner Dunn, that the 'City ,Commission accept the, proposal of A.G. Bailey CO!l1pany, for tnstallation of a chlorine scale on thei.r~ low ,bid of .$2,19.5.00. " ' Voting Aye: All Voti.~g No:. None' The Commission was, presented a letter dated June 21, 1976", received ,from Mr. A. L. Bodden advising that he was moving to Lubbock, Texas and'submitting his resignation as a member of the Electrical Board. It was noted that Mr. Bodden r-:=-:- .:. . .-----:-:-....1-.....l..-~.- '---l1IJI mUlrr L. , '1IJr"!ITEIiiLI:iIIlII1illlIlII:;Jl TLr-:l...........-_..l ,!: ::1 .lill([lj lDlIlllllIIIIlIllIITU!I:'ll' !II U 11r;-----,--------..,, t,:,I!:LI .. , -: :-~ ' ' ,.;!: -, <; '. 'I: ~ - r .. :"n ___: '!.:. _, "'_J ,,, ~_. 2~O~ had served as amembe~ of su€hBoard since being appoi~ted originally in 1956. Motion by Mr. Dunn, seconded by Mr. Thompson, that the City Commission accepts Mr. Bodden's resignation as a member'of the Electrical Board with regret. -'VotingAye: All Voting No: None ] It was the decision of the Commission that an appropriate resolution and cer- tificateof appreciation be prepared for Mr. Bodden~ An invoice in the amount of $2,476.74 received from Mitchell, Carlson and Asso- ciates for professional s,ervices rendered between the close of business May 15 and close of business June 11 ,1976,- including initial design development effort on building on Colonial Park Recreational facilities was presented for consi- derati on. ' . Motion by Commissioner Stanley,' seconded by Commissioner Binig, that the invoice received from Mitchell, Carlson and Associates in the amount of $2,476.74 be approved for payment. Voting Aye: All Voting No: None Commissioner Binig advised the Commission that she was concerned about the' con- structi on of a sanitary sewer on Cason Street and it was her opi ni on that c'loser supervision should be maintained to assure that all ,ho~eswere filled in and surplus dirt, etc~ cleaned as it should be. ' Following a concern of Commissioner Binig regarding the installation of a sign J' denoting Liberty Hill Park it was the decision of the City Commission to request the BiCentennial Committee to investigate an appropriate sign to be erected. Following a request by Commissioner Binig that letters be addressed to residents on the north side of University Boulevard requesting them to not park in bike lanes, the City Manager advised that this would be done after the lanes had been repainted and appropriately marked. It was the decision of the'City Commission that Certificates of Appreciation- should ,be presented to Board and Committee members serving the city sometime during September. The Commission was advised that arrangements had been made with the Harris County Health Department to fog for mosquitos until such time as an operator has been secured to operate city owned- equipment. A proposal was presented to,theCommission from Coopers & Lybrand to examine the financial statements and accounts of the city for the year 1976 for a sum not to exceed $5,500., Motion by Commissioner Thompson, seconded by Commissioner Stanley, that the City Manager be authorized to engage the firm of Coopers & Lybrand to audit the city.s records, books and accounts for the year 1976, in accordance with the provisions as set forth in their letter dated April 14, 1976. Voti-ng Aye: A 11 Voting No: None n ~ C\) c.C '~ - ........' 0: o [ 221 The Commission was advised that Assistant City Manager Dan Edwards had submitted his resignation 'to accept a position with a: newspaper firm. Members of the Com- mission expressed appreciation for having been able to work with Dan and expressed regret over'his leaving the service of theci~y~ ' Motion by Commissioner S~an1ey, seconded by CommissiQD~r Thompson, that the City Commission accept the resignation of Mr. Edwards and~that the City Attorney be instructed to prepare an appropriate resolution for consideration, such resolu- tion to bean agenda item for 'the regular meeting of the Coinmission on July 12th. Voting Aye: All V?ting No: None City Manager Whitt Johnson ~introauced Mr.'and Mrs. King Cole, Denton, Texas, to members of the Commission advising that Mr. Cole was an applicant for the posi- tion of Assistant City Manager,' It was noted that Mr.' Cole ,is presently in the position of Assistant City Manager; Denton, Texas and is a graduate of North Texas State University with 'a degree in Political Science.' ' Mr. and Mrs. Cole expressea theirap'preciation for the opportunity to visit the City of West University and meet the City Manager'and members of the City Commission. The CoirnriiSsi on was advi sed that Mr.' Bearden and" hi s crew had returned from vacati on and had completed grading on the Belmont side of Weir Park and re-installed the small swing and horizontal bars. Recommendations have been received from park users to relocate some of the equipment at locations other than those recommended by the Parks and Recreation Board, therefore, no further equipment will be in- stall ed uilti 1 Mr. JerryPari-shreturns from' vacati on and' considerati on is given to all recommendati ons.' ,', ' , " . . The Commission was advised that relatives of Mr. Weir had been contacted regard- ing sharing:"expenses for re-locatibn of the marker in the park and they had ex- pressea. an J'n~erest ~ n, d!Ji ng s~methlng in 'honor of Mr. "Wei r; . , , , Mrs. Kay Edgecomb, 2919 Quenby, advised the Commission that she was one of the mothers who visited the park quite often with her small 'child and was very: co'n- , cerneafor safety of the' chlldrem using the park unless the fence is replaced. Mrs. Edgecoinbstated that she had vfsiteifmany'other parks and fences cou1d:be put up for both safety and appearance. " It was th~ decision that 10tation of equipment in the park be included on the agenda for the July 12th meeting of the City Commission and that revised sketches 'be requested from Mr . Jerry 'Pari sh.' . , ' , Mr. R. E. Cowan, 2929 Sunset Boulevard, advised the Commisslon that he had lived across the street from Weir Park for many years and had only recently begun to experience trouble from-patrons of the park using the streefdirect1y in front of the entrance to his home for parking even though there was adequate parking adjacent, to the park. ' " The following recomm'endation from Chief of Police James Bryant 'was p'rE~sented to the Commission: 1. On Belmont Street, between Sunset Boulevard and Nottingham Street, the east s,ide of B-elmont Street should 'be made a 'IINo Park'ing Anytime" I ~-"-r-' II (:" IITBhl I' ..~ -1 I "II I I' . .Jill 111'1 r l,lllll11l111l11l11DlnT ! :', .--, ...llll[1 11!ll1llllllIIIIIIIIHlIr.f.!L III 'III' . ;, t...:cJT- -r "I,j I C__, ''1'-....... , .....-'-.~, ,j , ,I 222:. zone. "This will leave ,the'west side:'of Belmont Street available to '. p'ark users to, park their"vehicles; when visiting the ,park. ' I have talked to Mr. R. L' Cowan of 2929'SunsetB,lvd', and'also to Mrs. " John Marshall of 2932 Nottingham Street. They own the property adjacent to the east side of Belmont Street and do not object to-anG parking' regulation at this. location. . This no' parking regu'latiol1will'help the flow of traffic traveling on Belmont Street. u 2. At the present time there is a stop sign controlling the flow of traffic upon Nottingham Street at the intersection of Belmont StreeL ~ - . ~ I believe that this"intersection should be:made'afour-way stop, whereby "traffic coming frbmallfol:.lr directions upon both Belmont Street and Nottingham Street, would ber~quired to' stop. Thiswould:help to slow vehicular traffic as it nears ,the park, and enable pedestrians to be ah1e to cross the street more:'safely, ' Motion by Commissioner Binig, seconded by Commissioner Stanley, that the recom- mendations of the Chief of Police be approved and the appropriate traffic signs erected. ~'~.~': '''1.' -- '-.. ...... "".... . ....;",;_. .----....- , Voting Aye: All '. Voti ng No: None Mrs. Robert Kirkenda'll, 2912' Robinhood, advised the Commission that the safety 0 of children using the park should be the first consideration and people should be encouraged to walk or ride their bicycles to the park, , , <- It was ,the decision of the' CityCommiss'ionthat consideY'ation of fine schedules used by t.he Municipal Court be delayed'until such tifne,as.the City"Commi'ssion had studied the schedule and made comparisons with adjoining municipalities. ~ - . " Motion by Commissioner Dunn, 'seconded by 'Commissioner Binig, that the request presented by Mr. Charles Wi1sot1'on behalf'of the B'issonnet Townhouse Civic Club for permission to construct a chain link fence in lieu of the required opaque fence be refused. ' Voting Aye:. All Voting No': None An invoice'-~i'n the amount of $1,027.50 received from City Attorney Charles Cockrell for legal services rendered during the months of January, February and March was p'resented for consi de'ra t ion. MoHon by Commissioner Dunn, seconded by Commissioner Stanley, tha,t the invoice received from City Attorney Charles Cockrell in the amount of $1~027.50 be ap- proved for payment. Voting Aye: All Voting No: None Mr. Cockrell advised the Commission that he had made a number of attempts to U contact Mr. Dunl ap,- City Attorney for the' City 'of Katy, in accordance with pre- - viousinstructions of the City Commission, but to date had been unable to talk with him. 223 n City Manager Whitt Johnson stated that it was ,hoped that bond funds for the pro- posed storm sewer project would be sufficient,to add two additional blocks to the construction; on Plumb Street south to Amherst and west to Buffalo Speedway. Commissioner Stanley corhmended the ,City ,Manager-and Bayshore,Engineers for the storm sewer work that ,had been comple,ted ,on Bissonnet and Judson Streets' inasmuch as such area had no more flooding, thatsurroutiding'areas during the recent, heavy rain.' . Attention of the Commission was directed to a letter dated June 25, 1976 from Mr. E. Boone Coy, Director, Community Development 'Agency, advising that an application for a grant had,beenappr.oved and that speci fi cs regarding" funding ,will be forwarded at a, later date. ' ~ Minutes of a spec:ial meeting of the Zoning Board of Adjustment on May 28, 1976, ~ a regular, meeting on June 17, 1976"and a reGessed .meeting, on June 21, 1976~ were ~ presented to the Commis,sion fO'y., tt)eir information,. - ,5:. Mi nutes of the' regul ar 1J1eeti ng .of the: Elec:tri ca l~ Board on June 21, 1976. were presented to the Commission for their information. Minutes of meetings of the Building Code Study Committee bnMay 18th, June .1st and June 22ndwere presented to the Commission fOr. their information. Minutes of the regular meeting of the City Commission on June 14, 1976., were, presented for consideration and the following action taken: Motion by Commissioner Thompson,s,econded by Commissioner Stanley, that mir:lUtes .of the regular meeting of the City. Commission on, June 14, ,1976., be, approved as submitted. D Voting Aye: All Votjng No~ None , ' . With. no further business, to come before, the, Commission at this time, upon mqtion duly.made,sec06dedan~~arried~ th~:mee:ting adjourned at 10~55 p.m. ~/4.~~J ATTEST: ~ ~~L/." Assi stant City Secretary:., ' n .L~_~ ~ "I I 11"-. ~l _ --:-T.:111.-=:1I I ;1 .;111' 'r1JrlIJfu:Iiil,[JJ]]JJ]IJJJ]JJIIiI[ I llliBIll" ,", I, "1< <_:~I ...IlIB[1 JDlDIUDIIUlI']' !I.![IJ., III '~,:..r!TI' 1_----.lII, I I L_~: ~ T ,- 1 ",,-_ I '224 , , REGULAR MEETING, OL CITY COMMISSION' 'Ju1y12,1976 ' U: . The City Commission~convened inJegu1ar sessio~ at the 'City Hall or. ,Monday, July 12, ,1976, 7:30 p.m., with.the fc.jl]ow}ng members, pr~sent: t;'1ayor Wall,in, presiding; Commissioners Binig, Dunn, Starileyand Thompson. The City Attorney and City Manager were also present. The Invocation was pronOlJnced by Mayor Wallin. ",- . M'r. 'Jerry Parish, ~ember of the' Parks and 'Recreation Board, appeared before the Commission to review recommendations relating to improvements being made in Weir Park. Mr. Parish stqted~ that :it was still 'the r,ecommendation of the ,Board that a two~rail wood fence:be used as opposed,to a chain link fence, or vinyl covered chain link whichw,as-he1ieved ,to, be unsati,sfactory for park use, stating that inasmuch as each of the three new park entrances would have twenty-foot openings it was not plpnned that the fence be, used to ~onstrain park users, but would contribu,te ae,sthetical1y to..the, park. Mrs. G. C. Bates, 3016 Tang1ey., advised the Commission that, she had visited Whitt Johnson Park and,t~ought: that,thetwo-rai1 wood fence WaS much more at- tractive than a chain link fence would be, and that she would like to propose a compromise in the use of a, three-rail wood ,fence, which would afford more "protection for children using the park. , {. .{"\ ~ ..1 ,~~.:~' ...... :. 1>- '~;':<' I~:""'; . - . " ' , Mr. Parish stated.. that it was ,the opinion' of the Board, that the northwest 0 corner of the park was the ideal location for a picnic table, but if the Com- mission decided this, not feasible, a second location would be in the,northeast vicinity of the tennis courts. , , Mr. Parish pointed out that the coversheet,for the original drawing was in error in stating that a picnic table was recommended for location at the east side of the tennis courts and that such recommendation should have been for a park bench together with a trash can. Motion by Commissioner Stanley, seconded by Commissioner Thompson, that a picnic table be located in the northwest corner of Weir Park in accordance with the drawings prepared by Jerry Parish. Voting Aye: All Voting No: None Motion by Commissioner Stanley, seconded by Commissioner Bining, that the City Manager be authorized to advertise for bids for a three-rail wood fence ,in accordance with the specifications prepared by Jerry parlsh with an alternate bid to be received for feet of nine guage 4. chain' link fence. '. , Voting Aye: All Voting No: None Motion by Commissioner Dunn, seconded by Commissioner Stanley, that the City Manager be authorized to advertise for the following: construction of new park entrances on Belmont Street, Nottingham Street and Sunset Boulevard, 10' incorporating bicycle racks and benches, water fountain, relocation of Weir monument and sign denoting Weir Park; new concrete area at east side of tennis court; and sidewalk along Belmont Street six (61) feet in width. n ~ C\} (C ~ == 0:: o n 2,2' Voting Aye,: , f', , Voting No~ Thompson Wallin Dunn' . Bin i g'; :. 'Stan 1 e!,. Motion by Commissioner Thompson, seconded by Commissioner Stanley, that the slide 'in Weir Park be 're-located in acco'rda:nce wi'th the',revised p,lan prepared by Jerry Parish datedJ~ly 9~ 1976. Voting'Aye: All Vo~ing No: None Motion by Commissioner Binig, secon'ded by Commissioner Thompson, that :the' City Manager be authorized to advertise 'for bids for an automatic sprinkler system for Weir Park and 2100 cubic yards of sod. Voting Aye: All Voti,ng No: None Resolution Number 76-15 was presented to the Comniissioil and read in full: WHEREAS, Daniel C. Edwards III, borri~Greenville, Texas, April 2, 1945 later moving to Bay town, Texas with his parents, where he received his e,lementary and high school education; and , WHEREAS, after receiving his 'formal 'education, he chose to enter ' the educational field as a schoolteacher, and later served in the United States Navy during the period 1968-1972, performing personnel administrative dutie's; and ,'. .,.. ", ",. . WHEREAS, Dan Edwards, after receiving his honorable discharge from the Un.ited States Navy, sought.. emp10ym'eht' in private; industry; a'nd WHEREAS, he 'was: chosen as Assi'stant'City Manager from'a select group of applic~nts, and was 'employed 'in 'thi:s::posi~ion SeptE:mber 1.7; 1972; and , , WHEREAS, :Da"n' Edwa'rds' has accepted' adm'inistrative responsibilities in all de'p'artments of the City" of :WestUn'iversity Place, an'dhas performed his d,ut,ies in an ex.emplary'manner; and ,'" ..., , , 'WHEREAS, Dan Edwards, 'thrciu'gh 'his' warm and, friendly 'personality and good sense of' humor, g'ained the 'confidence" and 'friendshipof city employees and residents of the city, which attribute's. wilJ tend'to make lifecs path- way more a'cceptable for~.'him, and," ' WHEREAS, 'on.Ju1y 1, 1976, Dan Edwcirds:resigned as Ass,i-stant City Manager:, to"'pur.sue a ca:reeri~ the :a~vertisfn'9fie1 d w,ith aloc'a1 newspaper. . " - '";" , ~.' r.' - . NOW, THEREFORE; BE IT RESOLVED BY'THE 'CITY COMM:rSSION 'OF THE CITY OF WEST UNIVERSITY -PLACe TEXAS:' '.':- ' Section L, :..:rhat the City Commission. hereby commend's Daniel C. Edwards III to all of'the c'itizensof the City 'of We'st University Place, and to hi s many 'fri ends ;'for hi s' hones't and, dedi cated' s~er'Vi ce to'the City for the three year's and ei ght . mo~ths he . served as ;'Ass'i stant Ci,ty' Manager. 'I"I.'lI'"!! D:::.::I:::U:IIIIlIDIlIlUJIIII:u:Ir I r:mlIll-' .I, I J~[I , ()2'6 A.d , , ! jUIII~~U.llll~!IIJ ,~I:, ' : I tI.Il-~I~I: I II I _~_J , ......-"''- Section 2.- That the City~Commission, collectively and indiVidually, express'es personal appreciation to Dan for his unselfish: devotion to the ,U;I city, and for the faithful manner in which he performed duties assigned to him, and a sincere hope for a successful career in his recently chosen field. 'Section 3. That theCity'Commlssion extends best wishes to Da'n' s wife, Sylvia, and to their son, Craig, for their future happiness and welfare. Section 4. '. That this Resolution be signed by e,ach member of the City Commission and the City Manager, and spread,upon the minutes of the City 'Commi'ssion, and that the'Mayor 'be, and he is hereby, authorized to deliver to the said Daniel Edwards, a true' copy hereof. " PASSED AND APPROVED this 12th day of July, 1976. Motion by Commissioner Stanley, seconded by Commissioner Binig, that Reso- lution Number '76-15 be approved as read. Mayor Wallin presented Mr. Edwards with a beautifully framed copy of Resolution No. 16-15. Mr. Thomas Lee and Mr. Thomas Boyett of Entex, Inc. appeared before the Commis- sion to answer questions regarding Ordinance Number 1064 'granting a franchise to Entex and Ordinance Number 1065 determining rates. .. . . , , City Attorney Charles Cockrell ,read Section II of Ordinance No. 1064 which had been re-written in accordance with instructions of the City Commission. Ordinance Numher 1064- Section 2: Grantee' sproperty shall be so constructed and maintained as not to interfere unreasonably with traffic over,the puhlic thoroughfares of Grantor and the 'same shall be ,laid in accordance with the lines and grades established by Grantor. The surface of any public road, highway, streets, lanes, alleys, or other pub 1 i c place' dl sturbed by Grantee'i n ' 1 ayi ng, constructi ng, maintaining, operating, us'ing, 'extendi-ng', removing, replacing or repairing its piping system shall be restored immediately after the completion of the work in accordance with the provisions of UArtic1eII - Excavations" (,Section 20-18 through 20-24) of the Grantor's Code' of Ordinance's, as said Article may be amended from time to time, and' maintained to the satisfaction of the Mayor or his delegate for one (1) year from the date 'of completion of ~aid work, after which time responsibility for the maintenance shall become the duty of the Grantor. In a,ll , cases where work requires the 'exercise of: sHll, as in th'elay.,jng or relaying of pavement or sidewalks, the Grantee shall employee skilled workmen familiar with the 'execution of ,such work. Whenever deemed neces- sary by the City Commission it shall have the'right to designate its engineer or other person to superintend and supervise the 'r'efi11ing of said public: roads, highways, streets, or other public ways; the, 'relaying or refilling of the s'idewalks and pavements and a'll other repairs and replacement.s" of the pavements; sidewalks 'and other grounds so dtsturbed for the placement of the piping system, all of which shall be at the expense of the Grantee. F_";_ .. ;',/1"."): . ~ ~,. ~~. ".'. -' .- . . ~ ,:..:~<r","_, o n u M C'J c.c ~ :I: :t: o /: ! I I I L_ Ordinance Number 1064 - Section 6: Grantee, its successors and assigns, shall p.rotect and hold Grantor harmless against all claims tpr damages. or ,demands for qamages'to any person or property by reason of the construction and ~aintenance of its natural gas distribution $ystem, or in any way growing~p~t of the granting of this franchise, either directly or indi.~ect1y, or by reason of any act, negligence, or nonfeasance nfthe contractors, agents9 or employees of ,Grantee, its successors or assigns, and shall re- fund to Grantor all sums which, it maybe adjudged to pay on any such claim, .orwhjch may arise or grow ou.toftheexercise of the rights and privileges hereby granted, or by the abuse thereof, and Grantee, its successors and assigns, shall indemnify and hold the Grantor harml ess from and on account of all 'damages, costs, expenses, actions and.causes of action that may accrue to or be brought by any person, ,persons, ,company or companies at any time ,hereafter by reaspnof the eXercise of ,the rights and' privileges .hereby granted, or of .the abuse .thereof., , , ' Members of the Commission requ~sted~that Mr~ Lee ,and Mr.,:Soyett furnish addi~ tiona1 information regarding the difference between the gross btlland the net bi.l1representing a discount and the authority.underwhJch only ten days was permitted for payment prior to application of the gross bill as contained in the payment provisions 'of Ordinance, Number 1065' estab'Hshing 'rates.. . Motion by Commissi.oner Thomp.s~n, seconded by Commissioner Stanley, that action on .Ordinance Number 1064 arid Ordi nance Number 1065 unti 1 the nex,t regul ar. meet- ing of the City Commissi,on.' . Voting Aye: All , Voting No: None Mr. Boyett furnished' members of the, Commission copies of the Natural Gas Cost Adjustment Factor formula, noting that such formula was used by the Federal Power Commission in allowing pass through cost of gas. . .. - .' Mr. Herche1 Lindstrom, ,representing Bayshore Engineers, Inc., presented the Commission plans for storm sewer extensions planned as part of the bond im- pr..ovement progr.ams, $tating that the plans reviewed and studied ,by the Com- mission in workshop session had ~,een modified in accordance with instruc;:tions of the Commission. Motion by Commissiohey::Binig., 'seconded by Commi'ssianer Thompson, that plans for storm s'ewer exte'nslon as prepared and pres,ented by Bayshore Engineers, , Inc. be accepted by the City Commission. Voting Aye: All' . . Voting<No~ None Mr. John Mitchell, Mitchell, ,Carlson & Associates, architect on the rehabi1i- tationof Co10nia1,Pa,rk, p,resented a request 'to ~:dvertise for. bids ,for site preparation and uti1ifi'es in conjunction with the'rehabilitation of Colonial Park. . Motion by Commissi~n~r'ThorIlPson; seco,ndedby,Commissioner, Binig,' that the City Manager be authorized to advertise for site utilities and sit~ preparation in accordance with the proposed wording as contained in a letter dated July 12, 1976 from Mitchell, Carlson & Associates. L, ,,],, -, .=:l . III. 1'[jIJllJ1illlllIllllllllllD[ I 'I ~. ., ." --.l1.,1. I 22~ IEIlil' .. i i .1 .llm[11 228 I IUIUI~illl~I[Il, ill 1111.l1 Jill' . I UUJ ~-LJI I I I I i J: Voting, Aye: All, Voting No:,. None In accordance with previous action of the City Commission advertisi,ng for bids for the installation of a spr-ink1er system in Liberty,Hill Park the only bid received was opened and read as follows: ". Conway Ha 11 Sprink1 ~r Company, Inc. .$1,347.00 Motion by Commissioner .Stan1~y, seconded by .Cominissiorier~ Jhompson," that the bid of Conway Hall Sprinkler Company in cthe.amount of $1,347.00 be accepted for the installationof.a sprinkler system in Libe~ty Hill Park., Voting Aye: ,All Yoting No: None In Accordance with ~ction of the City Commission on June 28, 1976, a tabulation of b'ids reoe.ived for ins,tallation ,of.a chlorination un,it at. the sewage treat- ment p1a'nt and a recommendation, for purchase was presented for consideration. It was noted that only Gu1fgate Engineering, Inc. submitted a bid for furnish- ingboth .a pump :and chlorinator and that the bid for the pump was excessive due to an interpretation of specifications.., The Commission was advised that ar-epY.'esentative of Gulfgate Eng,ineering, Inc. had adv:ised his company would be .agreeab 1 e to i nsta 11 ati on of the ch 1 ori-nator in.' aocordance wi th.the prov.i- sions of their proposal and would also. install a pum~ selected and purchased by the city for thei r total bi d pri ce of $2,815.00. ' Motionby,CommissionerThoinpson, seconded by ,Commissioner Binig, that the City Commission accept the proposal of Gulfgate Engineering, Inc. for installation of a chlorinator in accordance with their bid proposal and installation ofa pump selected and pai d for by the ci ty for the total bi d pri ce of $2,,-815.00. Voting Aye: All. Voting No: None Resolution Number 76-14 was presented to the Commission ,and read iQ full: , WHEREAS, Mr. Leo Bodden was appoi nted as a member of the city's Electrical Board during the year 1952;. and., , WHEREAS, ~1r. Bodden has served in this capacity continuously, having been reappointed by each successive administration; and . WHEREAS~ Mr. Bodden has attended meetings regularly, .and has con- tributed much to the enforcement of the ElectricalCode~through his technical knowledge in the electrical field;' and WHEREAS, Mr. Bodden has been instrumental in encouraging the periodic amendment of the city's Electrical Code; and . WHEREAS, Mr. Bodden has encouraged rigid .enfo'r:cemen~ of examinati,on and 'licensing of electricians in the field of Master, Journeyman, and Apprentice; and WHEREAS; Mr.., Bodden has retired ,as. an employee of ,the Texaco Company and has chosen to.move.his'residence.to Lubbock,. Texas; and, u ~ (-. _r. i~ o u m C'j C\I cc 'Co:; - -' :::c: c n IL__ 229 . WHEREAS, Mr, Bodden has officially tendered his resignation as a member of tOe Elec;tri ca 1 Board: ' ' NOW, THEREFORf.' BE IT RESOLVED BY THE CI1Y"'cPMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS:" . _ ", " , Section 1. That the City Commission: through this Resolution, desires to express its appreciation to Mr. Bodden and his family for his dedicated service to this city for 24 years as a member of the Electrical Board of the C.ity pf West University Place~, Section 2. ThQt the City ,Commission: also wishes to expressit;s appreciation to the cifizens or this City and to th~"many friends of Mr.,' Bodden for his long and dedicated tenure as a member or the city's Electrical Board. . ,Secti,on 3~ Tbat thisR~sollJtion'be signed Oy 'each membe~of the City Commission and the, M,ayor, and be spread upon, the minutes of thtfCitY' Commission, and that the Mayor be, arid he is hereby, authorized to deliver to the said Leo Bodqen" a true copy hereof. PASSEDANDAPPROV~D this 1.2th day o~ Jy1y, 1976. Motion by Commis~i.oner Thomps..on, secQndedl:!Y ,Commissioner Dunn, that Section 2 of ResQ1Lition'76-14~Qeeorr~ct'ed to ~eac\; ."...to e~pre,ss t,he appreciati,on of the cfti zens of thi s C;i ty and the many f,r'i end~ of Mr.,' Bodden. . .." arid -ap~, proved as corrected. " ,. '.', ' . " , , ',' . , Voqn~ Aye;' ,All , Vo~,i ng N(): . None Commissioner Dunn reported to 'the Commission that an application had been com- pleted to make app1icati,on for a mea1site under Ti1;le VII of the Older Ameri- cans ,Actqnd the,site. was scheq~Je,d, to 'commence operation on August 24th. . Commissioner Binig advised the Commission that she had been under the impres- sionthatHthere weY:'e, no sidewa1ks,adjac,~nt.t,0 the new residence being con- structed'by Mr. Herbert 'Behrend, '41'37 Riley, w~en"ber~qu:ested permission to delete construction of a sidewalk on Westpoint. HoweVer, a check of the area indi cated t.here were sidewa1 ks' on West pqint and ,it wa,s her bel ief that Mr. Behrend shouldoe ,ad'vised that the, Commlssion:,wi.n give further consi,- deration to this requ'es't. :." , ." " '. . Commissioner Stanley "reRorted th~t he had ,been un,ab1e .to arrange a meeting .of the, Commission ang H~a1thBoa~d.todiscu$s' establishing an Advisory 'Boa~din conJqncti on with' the 'cit'yI:'S af!lQLqance op:e~ation. ',,' ~ ,".,. . . -..' -". . Members of the Commiss.;'onestab1ished that,WedDesday', July 12th, 7:00 p.,m. wou1,d be an agreeable time for a workshop meeting to discuss the preparation of the 1977 Budget, plans for the rehabi1itati.on ,of Colonial Park and the feasibi.Lity of an Advisory Boardin,conjunctfon with the operation of the ,city's ambulanc~. An invoice in the amount of $900.00 for the city's share of the 'cost of services by ~theiTexas ~~nici~a1 League for the year ending May 30, 1~77, was presented for conslderatlon. ' Voting Aye: All Voting No: None I L~I~ ml'] iiJJlllmmmDlllBlIl! mUltI"" [ , '[ rill [I , J.J.Jj11 LI J~[I t)30' .AJ ," . I IUIU~~I~j [[l,m'llllll ~I 'I UUJ JJlUlLJ: 1,1 The Commission was presented a letter dated June 25, 1976, received from Charles Cowan, Recreation Director, submitting his resignation effective Ju1y-15, 1976. Motion by Commissioner Dunn, seconded by Commissioner Stanley, tha't the City Commission accept the resignation 'of 'Charles ,Cowan as RecreaUon Director. Voting Aye: All :Voting No: N.one Attention of the Commission was directed to the fact that the City Charter requires adoption of a. budget on or before.August31st of each year and that it would be ,necessary to call.apublic hearing for 'consideration and adoption of a budget for the fiscal year 1977. . Motion by Commissioner Thompson, seconded by Commissioner Stanley, that a public hear,ing be called for August 23, 1976; 7:,30 p.m., for the purpose of consideration and. adoption ofa budget .for. the City of West University Place for, thefi sca 1 year January 1 , 1977 to December 31, 1977. Voting Aye: All Voting No: None Resolution Number 76-16 was presented to the Commission and read in full: PASSED AND APPROVED this -day of ; 1976. Motion by Commissioner Thompson, seconded by Commissioner Dunn, that Resolution Number' 76-16 ,be approved as read. Voting Aye: All Voting No: .None " i' Ii - . ~t , 1 n ~ C\l cc ~ - ........ 0:: o n 2:at; The Commission was advised that under the provisions of the City Charter it was necessary to re-appoint Mr. Charles Orsburn as Associate Judge of the Muni- cipal Court for an additional , sixty (60) day-period. - . ~ Motion by Commissioner Stanley, seconded by Commissi6n~r Thompson, that Mr. Charles Orsburn be reappointed as A~sociate Judg~~f the Municipal Court for an additional sixty '(60) day period~ Voting Aye: All Voting No: None City Attorney Charles Cockrell advised the Commission that he had been'in con- tact with Mr. Dunlap, City Attorney for the City of Katy, and had been advised that no additional action had been taken by the City of Katy in regard to filing, suit, against the Houston:"'Galveston Coastal Subsidence District. ' " , The City Manager stated 'that a letter had beeh re'ceived from Mr.qOmar Poorman , of the Texas 'Department of Tra'nsportation advising that the Gity's application for traffic signalization on Buffalo Speedway was in order and that bid 'for the project would be received in September. The Commission waS advised that a: letter had been forwarded to Mr. William Perl- mutter concerni ng the c'ondi t'ion 'of Cason and' Vahderbi 1 t. Streets where the' 1 011 , sanitary sewer line had been tonstruct~d and he had been requested to have the contractor clean the area up. , Minutes of the regular meeting of the City Commission on June 28;, 1976; were presented for consideration and the following action taken: Motion by Commissioner Binig, seconded by' Commissi'oner Dunn, that 'mfnutes ,of the regul ar meeting of the City Commission on June 28,1'976, be 'approVed as 'submitted. . , Voting Aye: All Voting No~ None With 'no further bus~ness 'to come before the Commiss'ion at ,thi s time~ upon motion duly made",: seconded and carried, the meeting adjo'urned at 10:15 p.m., . ..63~./:;0:P/#~ J, " , . " Mayor'" '7' ATTEST: ~"X~~~ Assistant City Secretary -, . il...IJ~[11 232. IUIUI~~I~IIIU I ]1,11 Jill' UUI I l~II:1 II I_I I-:LJ 'REGULAR :MEETING OF CITYCOMMISslON JULY 26',- 1 ~76 The~City Commissionconveried'in regular session at the City Hall on Monday, July 26, 1976, 7:"30'p.m.', with the following members' present: Mayor Wallin, presiding; Commissioners Binig, Dunn and Thompson. The City Manager was also present. Commissioner Stanley was absent on business and the City Attorney was on vacation. C . Th~ , I rivocat i on was pronounced 'by Commi ss i oner Dunn.' . Mr. Dieter Ufer,: BayshoreEn'gineers, Inc" reviewed the" requiremen"ts neces- sary for comp1 i anc'e wfth an En'for.cenfemt Order issued by the Texas Water 'Qua1 ity Board. Mr. Ufer noted that his proposal for engineering services for the pre- paration of plans and specifications was for interim improvements required to bring the wastewater treatmenf"p'lant into' compliance with the Enforcement Order and did 'not relate to the proposed constru~ti61i of ,a new facility. Motion by Commissioner Thompson, seconded by Commissioner Dunn, that the City 'Commissio'n accept the 'letter proposal dated July 21,1976, from Bayshore Engi- neers for ,the preparation of plans and specificatio'ns for inter"im improvements to the wastewater treatment plant and the ~1ayor be' authorized to sign the let- ter agreement. Voting Aye: All " Voting No: None '-- '=-;". ~ ,.] ,J;<?;~n' [J .~: ., , , ~/~: <1.~1 "'~ " ,-::l.:', ....:.~-. The Commission was 'presented an invoice submitted by S"ayshore Engineers, Inc. 0 in the amount of $11 ,264:.00 for engineerlng serviCes completed on plans for' storm sewer construction under the city's $1,700,000 Public Improvement Bond program. Moti on by Comh1i ss'i oner Binig, seconded by Commi ssi oner ThciTIpson, that Bayshore Engineers, Inc.'~ statement in the amount of $11,264.00 for engineering ser- vices on the proposed storm sewer construction project be approved for payment. Voting Aye: .All Voting No: None Mr. and Mrs. Herbert Behrend, 4149 Rney, appeared before the Commission in regard to a previ ous request that' they be permitted to del:eteconstructlon of a si,dewa1k in front of their new residence on Westpoint Street. A letter and sketch was presented indicating that currently there are sidewalks on West point and construction of a sidewalk in front of the residence would' complete sidewalks from Riley Street to Bellaire Boulevard. Motion by Commissioner Binig, seconded by Commissioner Thompson, that the sidewalk ordfnance be upheld and the request of Mr. and Mrs, Behrend denied. Commissioner Binig withdrew her motion. Motion by Commissioner Binig, seconded by Commissio!1er Thompson, that the request of Mr. and Mrs. Behrend for a waiver for construction of a sidewalk be denied. Voting Aye: All Voting No: None u [1 C": C\J c.c ~ - '""- ::r: o [l ~ 233- ' Ordinance Number 1Q64 granti:ng a franchise to Eritex, Inc, was presented for consideration. . Moti on by Commi ssi oner"~hoinpson, seconded byCommiss'T-o:ner Dunn; that Ordi nance Nulilber 1064 be approved as 'submftted: . , . Motion amended by Commissioner Binig, accepted by Commissioner Thompson, that Ordinance N~mber 1064 be changed ~o provide for a franchise for a period of twenty (20) Years' rather than a period'of twenty..five(25) years.' ~ ." .' . . Voting on amendment'toinotion;, Voting Aye: Voting No: Dunn Wa 11 in Binig Thompson Voting on motion: Votin~ Aye: Dunn Thompson Wa 11 i n Voting No: Binig Ordinance Number 1065 establishing rates to he charged by Entex, Inc. was presented to the Commission with portions that had been changed in accordance with instructions of the Commission being read.' , . Motion by Commissioner Durin~seconded by Commissioner Thompson, that Ordinance Number 1065 be approveo as submitted and changes that were read. Voting Aye: All Voting No: None Resolution Number 76~J7 was P!ese~~ed to the Commission and read in full: WHEREAS, Charles W. Gowan, ,after receiVing his' formal education' in the field of Parks and Recreation, chose to enter the'municipa1 ,field 'of empJoyment as a Direc~or of,~arks and Recreation; and WHEREAS, he"was choseri a.'s Director of ParkS and Recreation for the City of West University Place from a select group of applicants, and was employed in this pO?i!10n on May 14, 1974; and WHEREAS, Charles Cowan holds the distinction of being the first full- time Director of Parks f;lnd Recreation.emp10ye~ by the Clty of West Univer~ity , P1 ace , Texas; arid '.. ' WHEREAS, through his energetic interest in and professional applica- tion to the progra:m~ it" grew, and the 'participation, wa's beyond' expectation; - .'. . .. . .. and, WHEREAS, Charles Cowan gained much friendship through his friendly and cooperative attitude' arid filter-est in the' program; and' . , WHEREAS, on July 15, 1976, Charles Cowan resigned as Director of Parks and Recreation', of the Ci,ty of Wesf' Univers'ity ,Place, t'o 'enter the ,,'" U.niver'sity of ,Iowa to 'r>ursue 'his ~aster's' Degree 'in the field' of Parks and Recreation ," ' ., , I ~.......:::[ _ _ -----.l I I -- "_Ll LL _::1....... I 11]]IIii" i ., " -1111. r:ll ;i LE:l11llI1II1lIIIIII[I1 .----LI J~[I 234 Iml~~~~lU~ lULl III:, '; I' U]J! ; L rLJlLJ i ,I I :,' ,:: <~:fl: ~ " NOW,: THEREFORE, ,BE IT RESOl:VED BYcTHE CITY (WMMISION, OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1.' That ,the City Commission hereby 'commends :Charles Cowan to all of the citizens of the City of West Uni"versHy Place and to his many friends, for his dedicated service to the City for the past two years as Director of its 'Parl<s 'and, Recr'eati'onprogram-: .. Section 2. That :-the: City Commi ss'ion does hereby, reeogni ze Char1 es Cowan as the first full-time Director of the Parks and Recreation for the City of West University Place, and expresses their "appreciation to him for his accomplishments in expanding a part-time volunteer program, into a program recognized and appreciated by its many participants,\ both youth and adult. u '0. \-..:~ r, ,.<t :;:c- Section 3. The City Commission hereby expresses its best wishes for "" the successful eomp1etion of his educational advancement. . '<<~' Section 4. That this Resolution be signed by each member of the City Commission and the City Manager, and be spread upon the minutes of the City Commission, and that the Mayor be, and he is hereby, authorized to deliver to said'Charles Cowan, a true copy hereof. PASSED AND APPROVED thi s 26th day of July, 1976. Motion'by Commissioner Thompson; seconded by Commissioner Dunn; that the exact title of Mr. Cbwan's'positionbe determined, typographical error corrected, and Resolution Number 76-17 approved. Voting Aye: All Voting No: None D An invoice in the amount of $1,680.00 received from Traffic Engineers, Inc. for traffic enginee'ring'services' relating to the Office of Transportation Study was presented for consideration. Motion by Commissioner Thompson, seconded by Commissioner Dunn. that the in- voice in the amount of $1;680.00 received from Traffie Engineers, Inc. be approved for payment. Voting Aye: All Voting No: None Comm'issioner Dunn advised that he"was concerned about the' report and recommen- dations of the Zoning and Planning Commission and believed a ,meeting should be arranged with members of such Commission to discuss the report. . , Commissioner Binig requested'that an artist I s projection '()f the proposed new bathhouse at the swimming pool be displayed at the pool in order for pool patrons to see plans for improvements at the park. Members of the Commission set workshop' sessi ons' for J~1y '29th, August 5th and August 12th. It was the'decision of,the C'ity'Commission that action on a request from Mitchell U Carlson' &' Associate's, Inc. for an extension of thesc9pe of their architectural services be deferred until a meeting was held with representatives of the firm. ' .ij; u ~ C-J ~ ~ - ~ ::t: o u 23S It was also the decision of the Commission that Qids be received on August 23, 1976, for site work at Colonial Park, A letter received from Ms; Katherine Skinner Brown, Director, Harris County Public Library requesting certain changes at,the West University Library Build- ing was presented for consideration and discussion, deferred until a workshop' meeting on August 5th. Minutes of the regular meeting of the Electrical Board on Monday, July 19th, were presented to the Commission for'their information. Minutes of the regular meeting of the City Commission on Monday, July 12th were presented for consi,deration and the following action taken: Metion -by Gommis- sioner Thompson, seconded by Commissioner Dunn, that minutes of the .regu1ar meeti ng, of the C.ity Commission :on Monday, July 12th, be approved as submitted. Voting Aye: All Voting No: None With no further business to come before the Commission at this time, upon motion duly made, seconded and carried~ the meeting adjourned at 9:15 p.m. GJ~1R-V~t ATTEST: ~ )f~~ Assistant City Secretar~ r~_ .---:=:.1. - _', L...L_ :L..................l ..l...........- _L I r I" 1 .J.tj~:J:11 LlUIIIllDllIIIIUJ:J l!1JlliL' 1 ". , . ---: -- 'III .:'.' -1 _I!I!1ll IDlIIIIIIIII]IJ[f:l!:C:m::I!..II:U. ,IW '--u.:..r::p~ , ..,' L~II :1 "T~ '-- ~',' ":"1 236 , REGULAR MEETING :OF CITY COMMISSION' August 9, 1'976 nie Gity Commissi6nconvened inreg~lar session a't.the 'city Hall on Monday, August 9 , 1976, 7-: 30' p. m., with the fo 11 owi ng members present: Mayor ~Ja 11 in, presiding; Commissioners Binig, Dunn, Stanley and Thompson. The City Attorney andCi~y Mqnager were also pre~ent. , -.' , '. .'r. - t( , The Invocation was pronounced by Commlssloner S~anley. Mt. John Miich~116iMitch~11, Carlso~ &,Ass6ciat~s, ,architects f6r the re- habilitation of Co16niqf Park, appeared Qefore theCommis'sion to present plans andspe,cifications for 'utility improvements to Colonial Park. Mr: Mitchell advised:the Commission that it would pr6viae bidders more time to 'survey the side, study the plans qnd specifications and submit better bids, if such bids were to be received by the City Commission on August 30th rather than pre- viously advertise~ bid date of August 23r~. Attention of the City Commission was directed to the fact that August 30th is not a regular meeting date and a special meetin~;would have to be held if bids were to be received on such date. ~:;':; ~':. Motion by Commissioner Thompson, seconded by Commissioner Stanley, that action of the City Commission on July 26, 1976, requesting that bids for utility im- provements for Colonial Parkbe'received on Aug~st 23, 1976, be recinded, and such bids be received by the City Commission on September 13, 1976. Voting Aye: All Voting No: None Mr. Kenneth Taylor of Eu1ess, Texas was introduced to members of the Commis- sion as an applicant for the position of Assistant City Manager. Members of the Commission visited with Mr. Tay10r~ eliciting information regarding his education, present position, professional ambit~6n and desire to become an employee of the City of West University Place, ~: In accordance with previous action of the City Commiss'i6n,bids received for furnishing approximately 2,000 square yards of St. Augustine grass were opened and results announced as follows: Company Square Yard Cost Lump, Sum Bid Price A1boa Company $ 1.10 $ 2,200.00 W. M. Bland .90 1,800.00 R. M. Hardison Company .80 1,600.00 Milberger Turf Sales, Inc. .95 1,900.00 Shuman's Grass Farms, Inc. .85 ~. 1,700.00 Sunny Day Plant Co. 1. 10 2.; 200.00 , '" t..~,d,.,.",- _. . . I .1 u o Motion by Commissioner Thompson, seconded by Commissioner Binig, that a contract be awarded to R. M. Hardison Company for the purchase of 2,000 square yards of Sf. Augustine grass on their low bid of $0.80 per square yard with a total bid JlUl price of $1,600.00. n ~ N ~ ~ == tl:: o n ( I L~ 23Z Voting Aye: All Votin~No: None Bids recei ved for improvements to Wi erPark wer.e' opened and resul ts announced as follows:'. · . .:~";: c: Park Entrances Bidder Belmont Nottingham Sunset Tennis Ct. To ta 1 Braswell 'Brothers' 1 , 1 77 . 00 613.00 '1 ,250. 00 440.00 3,480.00 ,7J .W. Hogan " T,394.20 745.20 1,578.80 524.00' 4;242.27 Schubert'Cotistr; 1;825:00 ..896;00 '1,665.00 650.00 5~036.00 Sidewal k Braswell BriotJiers J; 'W. Hogan Schubert Constr. 2,4'00.00, 2,'393:00 3,100'.00 . Motion by:Commissioner Stanley, seconded by Commissioner Dunn, that the proposal submitted by Braswell Brothers for construction of park entrances for a total bid price of$3,480.0Q,and washed pea grave] sidewalk for a total bid price~of $2,400.00' be accepted:"" ' , "' Voting Aye: Binig Dunn Stanley Wallin . Voting 'No~ Thompson Bi ds recei ved forconsfructi on' ,of' 384 lineal feet of three-ra iT wooden fence, with atr alternate bi d for' construct fon . of chai nl ink fence were opened arid re- sultsannounced as follows: . , , Bidder . Rai 1 Fence' Chain '[ink FenCe ' Amco Fence Company Fence Specialties Hous-Tex Fence Hurricane Fence Schubert Construction Southwestern Fence Co. 2 ,121. 00 2,400.00 1,728.00 2,000.00 2,304.00 2,895.36 1~976.00, : 1;401.60 1,382.40 1 ,681. 00 1,536.00 2,430.72 "'-' .(,. Motion by Comm;ssioner.-Binig; seconded by 'Commissioner Dunn, that the proposal by Hous-Tex Fence Company for construction of 384' of three-rail wooden fence for a total bi~ price of $1,728.00, be accepted. ") ,- ~ . Voting Aye:: Bi.nig" Stanley Wallin , . 'Voti ng , No: ' Dunn Thompson The Commission was presented a check in the amount of $7,200.00 received from H6ust'on::Coca..:C6'1 a ,'Bott,ling 'Company as such ,company's po.rti on of payment for re- painting. the' 250',OOQ-:gallon elevated wafer: reservoir locatedorl,W:akeforesL ,'It was noted that a let fe Y''' dated Ju'ly:28, 1976', from Houston Coca....G.ela advised ' that the .~greement be~ween the Ci~y .and such co~pany was being ~evised to reflect r II! I II~-I I 1T"1 1 I' '11 ["'J i ,l ,i 11l1lmmllllnJ II]DIiI . I ", ,III' "",,"1 ,'llllllll " 11!II1IIIIIIIlIII!J1IC!J!!' Illlil, " II lie I "-~IL ",Fir.. 'I' '~n---- I 'rJ' '" 1 , ~ -... . 1238: an effective date of August 1,1976, and the increased cost. r40tion by Gommiss'ionerStanley, seconded by Commissioner Dunn. that 'the City's Agreement with Wouston Coca Cola Bottling Company for operation of advertising signs upon the elevated water reservoir located on Wakeforest be amended for a period of five (5) years at a cost of $T,200.00. L.. Voting Aye: All Vott~g No: None 'A recommendation from Chief of Polic"e James Brya~t for the installation ofa stop sign to regulate the flow of traffic onCartiegie Street causing such traf- fic to stop before enter'ing the intersection of Westchester Street, was pre- sented to the Commission for consideration. Motion by Commissioner Dunn~ seconded by Commissioner Thompson, that the re- commendation of Chief of Police Bryant be accepted and the Commission authorize the installation of a stop sign on ,Carnegie Street with its intersection with Westchester Street in accordance with the recommendation. '. .(~ ~/~~, "':-'::"\ ..i: . ..=.t ~'" -'.j.' _';b.] , Voting Aye: All lo--.'>-'. ,"::'::-.1 Voti ng No: :None In accordance with a sug'g'estidn by the Commission that an entrance to the West University Elementary School grounds be made para11e1 with 'the intersection of Milton and Auden Streets permission was obtained from the Houston Independent SchbolDistrict' to re-10cate the opening in the fence surrounding the sthoo1 grounds. A recommendation from the Chief of Police included closing of the old gate and erection of a new gate approximately 45 feet south of the old location; "No Parking" signs on the west side of Auden:St-reet, from the north I '-1 curb line of Milton Street, south for approximately 62 feet; "No Parking" on the east curb of AudenStreet, from tHe crosswalk 'south, for'50 feet; and UNo U Parking Anytime" from the 'sduth'curb'of Rice'Bou'levard'to 'a point 138 feet' . south" On, the east Gurbof Auden, Motion by Commissioner Stanley, setonded by Commissioner Thompson~ that the recommendation of the Chief of P611ce be accepted and the City Manager be authorized toin"stitute the relocation of the gate and creation of "No Parking" areas. Voting Aye: All Voitng No: None Invoices in the amount of $12,068~OO and $8,022.00 received from Water Tank Service Company for cleaning and painting the two ground water storage re- ~erviors located on Mi1tonStr~et, the elevated re~ervoir and ground reservoir on Wakeforest 'Street were presented for consi deration., Motion by Commissioner Thompson, seconded by Commissioner Stanley, that in- voices from 'Water Tank Service Company in the amount of '$20',090.00 be approved for payment. Voting Aye: All Voting No: None Commissioner Stanley presented member-sof: the Cornmisston.,with ,files, containing information regarding the city" s ambulance servfc'e for: study prior to a 'meet- ing with members of th~Health;Boar.d on Tuesday, August'l7th. , , n Following a discussion regarding the condition of the BiCentennial flags fo110w- n ~ CJ co '~ - - :r:: 'n U (I , I , I L __ ing a wind and rainstorm it was decided that the flags should be taken down as soon as possible and giv~D tO,those residents who sponsored their purchase. Ordinance Number 1 06~ was, presen~ed to the Commi.ssion and read i.n full: .~?r:~ ,~. - "~.1;~'.-/ AN ORDINANCE' AMENDINGSECTIOW21-19 OF THE CODE OF ORDINANCES OF THE CITY' OF' WEST UNIVERSITY PLACE, TEXAS, PROVIDING FOR CERTAIN 'MINIMUM DISTANCES FROM lOT'LINES FOR OUTDOOR ,SWIMMING POOLS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE ClTYCOMMISSION: OF THE CITY OF' WEST UNIVERSITY PLACE, TEXAS: Section 1. That Section 21":'19 of the Code of Ordinances of the' City of West University Place, Texas, is hereby' amended<so'that Section 21-19 shall read as follows: "Section ~1-19: 'No outdoor pool sna1l be 'constructed with 'an exterior wall closer than eight (81) feet from ally lot 1ine'and shall not emcroach'ori a plane beneath the ground which is at a forty-five (450) degree angle to the normal grouri'd plane at the lot line. In addition to the eight (8') foot setback the location of all outdoor panels shall conform in all respects to the setback req'ul rements of other' app lfcablesecti ons of ,thi s Code, city ordi nances a'nd state law. II , Section 2. This ordinance shall take effect and be in force,from and'a~ter its passage'a~d 'approval a's required by law.. ' , PASSED' AND APPROVED "thi s day of 1976. ' Minutes of the regular meeting of the City Commission on Mond,ay, July 26, 1976, were'presented for consideration and the following action taken'. Motion by , Commissioner Thompson, seconded by Commissioner Binig, that minutes of there- gular meeting bf the City Commission on Monday, July 26, 1976, be corrected to refle'ct a "No" 'vote' by Mayor'Wa 1 Hn 'on a motion to- amend Ordi nance Number 1064 to provide for a franchise period of twenty years rather than twenty-fi'veyears. Voting 'Aye: All Voting 'No: None With no further)lbusiness to come before the Commission at this time, upon motion duly made, seconded and carried, th~ meeting adjourned at 9:25 p.m. · f?cPdvt7~/ . Mayor' . ,',.... ATTEST: ~' ~d~o!/ Assl stant City'Secretary , , f_ ----. _ "_1 ---------l~ .-.' -: - 1 L.I" -l..........-~.1~.....L--------- I I ---111' 'I 'II II Ji[j]j[[IJ]I]JJJJIIIll! 239 \ , l11iliL L: L '[, "I :lTIIIII IDllI!IIIIIIlIIIIJlf[!JI[ iLl :.1, IIIU' I ~:.r!TC'--':" !....:..:..:J', II II ,---; 'rr ~L /'\40 ~" 'REGUL7\R MEETI'NG OF CITY COMMISSION August 13;' 1976 (Ul,' The City Commission convened in regular session at the City Hall on Monday, August 23,1976, 7:30 p.m., with the following members, present: Mayor Wallin, presiding; CommfssibnersBihig, Dunn and' 'Staii:'J ey. The: City Attorney and City Manager were alS:o present: Conimissibner:ThOmpson 'was out 'of the city on vaca- tion. The Invocation was j:H""onoLinted by Mayor Wallin. Mayor Wallin advised that in accordance with the provisions of the City Charter a'Public Hearing wou1d"behe1d'to consider adoption of ,a budget for the city for-the fiscal year beginning January 1, 1977 and ending December ,31, 1977. Motion by Commissioner ,Stanley, seconded by Commissioner Binig, that a Public 'Hearing be dpened for -considerat-iOn of a' budget for the City of We'st Univer- s ity P1 ace for the'fisca loyear 1977. ." ., ";/ t.~ >.J ", Voting Aye: All Voting No: ' None Mayor Wallin :as~certa'inedfrom ~the'secretarythat alllega,l requirements for holding the Public Hearing h~dbeen met. The City r~anager presented' the 1977'proposed budget to the City Commi ssion and those in attendance ,by Jnea'ns of visual aids consisting of an opaque pro-, jector and screen, showing operating expenses and capital expenditures in each IJI' of the city's departments, as well as expected income for the year'1977. He also presented recapitulations of the' General Fund, Health Fund, Water-Sewer Fund, Reven~e Sh~ring Fund~andTax Re~enue,Sinking Fund; showing a total pro- posed budget for 'the period beginning January 1; 1977 'and ending December 31,. 1977 of ,$2,627,226.00. " " Motion by Commissioner Binig, seconded by Cdmmissi~oneY'- Dunn, that the Public 'Hearing be closed. Voting 'Aye: All Voting 'No: None "Ordinance Number :.1068 was presented to the Commission qnd "rea'd, :in full: I' AN ORDINANCE LEVYING AND ASSESSING AN AD VALOREM TAX ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, FOR THE YEAR 1976; PROVIDING THE BASIS OF ASSESSMENT OF APPRAISED VALUE AND PROVlDING FOR THE COLLECTION THEREOF AT THE RATE OF $1.46 ON THE ONE HUNDRED ($100.00) ASSESSED VALUATION. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That there is hereby levied and:Jass~ssea against, 'u all taxable property, 'both real and personal, within the'corporate limits" of the City of West University Place, Texas, and there shall be collected by such city, a tax of $1.46 on the one-hundred ($100.00) assessed tax valuation for the year 1976. n ~ C'J c.o ~ - -- 0;: o n ') J .,.: u~-b Section 2; Such tax is hereby levied and assessed in accordance with the termsa'nd provfs fons ofSecti on 1 of Article XXI of the Ci tyof West University Place City Charter and the applicable Statutes of the State of Tex~s, sU,ch 1 evy a.nd aS,sessment is made ~or the fo 11 owi ng purposes. ;\-, "(A} For the upkeep and maintenance of'the Department 'of Health and Sanitation ' '(B) For current expenses arid operation of the Gen~" era1 Fund and 'its various departments (c) For Ta'xRevenue Siriking Fund to 'pay the prfnci p le ,interest :and 'fiscal agent t s' fees on $1-,700,000 'bond issue of the City' ' ,$ O. 04 $ 1.30 $ 0.12 Section 3. That the Tax Assessor and Collector for the City of " West University Place, Texas is hereby directed' to as'sess and collect taxes of the City of West UniversitY- Place, Texas on the basis of 70% of assessed , va 1 uati on as herei n provi ded. , PASSED AND APPROVED this , " , 1976. day of Motion by Commissioner Stanley, seconded by Commissioner'Dunn, that Ordinance, No. 1068 be ,approved as read. Ordinance No. 1069 was presented to the Commission and read in full: AN ORDINANCE OF THE CITY :OFWEST UNIVERSITY PLACE; TEXAS PR6VID~NG' FUNDS FOR THEFrSCAL'.YEARBEGtNNI~G JANUARY 1 , T977 AND ENDING DECEMBER 31, 1977 'BY APPROVING THE BUDGET FOR.SAID PERIOD A~DAPPROPRIATING tHE NECESSARY FUNDS OUT OF THE GENERAL AND . OTHER REVENUES r OF THE- CITY OF. WEST UN I - ' VERSTTYPLACE 'FOR' SAID 'YEAR FOR THE MAINTE:NANCE 'AND 'OPERA- TION OF THE ,VARIOUSDEP-ARTMENTS AND 'FOR VARIOUS ACTIVITIES AND IMPROVEMENTS :'OFTH~ 'CITY. WHEREAS, as required by the City Charter, the budget has been prepared and submitted to the City Commission with estimates of expen- ditures' and revenues of all ''city . departments and acti viti es for the year begi nni ng January 1, '1977 a~d end'~'ng Qecember 31, 1977 . WHER~AS, n6tice of ~ public .hearing upon said bud~et has been duly and legally published; ~nd " 'i. WHEREAS, said ::pObHchear;ng ,has been :'heldand full and final consideration given Said budget.' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMiSSION OF THE CITY OF ~ESt~UNtVERSITY PLACE, TEXAS: ., , , 'Seetidri t:'That for the purpose of providing'the'funds necessary , andproposed.to 'be expended i n' :th~'~udget for: said city for' the fi sci,l 1 year be- gi'nniQg'January 1~197Tand'ending:December31, 1977, the, budget,was prepared and submitted to the 'City COTnmiss'ion for 'its consideration and approval, and that said budget in the total amount of $2,627,226 be, and the same is hereby . , 'I..: "!l,:llmn .I1!1111111I11lI111T]ill~!!J:r]1'1I ' III11 L:JJJT ",,' I. r-Tll"'" I=-"': _,~ 1:: ~:J 242 'I appropriated fo~ thematntenance~ndop~ratio~ of th~ various departments of the government "of the city and the va'rious activftfes and improvements as set forth in said budget. Section 2. That the said budget of the City of West University I Place, Texas, for the fiscal yearbeginnfng'January 1,1977 and ending LJ December 31, 1977. an exact copy of whicnis marked' IIExhibitAII and made a part hereof for all purposes the same as if it were copied in full herein, is hereby approved and adopted "by the City Commission of the City of West Univer.sity Place, Texas, as the budget 'for' the city for the fiscal year 1977. Section 3. This ordinance apprdving and adoptirig a budget for the twelve month period hereinabove specified is 'made in allthfngs in accordance witn the terms. and provisions' of the City Charter of the City of West Univer- sity Place, Texas. Section -4. ' Thi's ordinance 'shall 'take effect" and be in force immediately from and after its' pass:age and approval as requi red, by ',1 aw. PASSED AND APPROVED thi s day of , 1976. Motion by Commissioner Dunn, seconded by Commissioner Binig, that Ordinance Number 1069 be approved as" read. Voting Aye: All Voting No: None The Commission was adv;j)sed that a letter dated August 16, 1976, had been re- ceived from Mr. O. 'Jos'eph" Damaini;.' requesting "that he be placed on the agenda for the regular meeting of the City'Commission for the purpose of presenting a petition for an election to determine the acceptance 'or rejection of the creation of a civil service commission,'pu,rsuant ttArtic1e 126~M, V.A.T.C.S. Mr. Damaint, presented a' fifty...four -{54) ',page petitionreportedly with names of seven hundred seventy..,two'voters of the City of West,~rtiversity Place. Mayor Wallin accepted the p'etition,and'stated'thatthe'petition would be checked by the City Secretary to determine' the' va" i dity of the signatures to assure signing by the required" number of registered voters. , , Mr. Dieter Ufer, Bayshore Engineers, Inc. presented final plans a~d specifi- cations for the construction of storm sewer improvements consisting of four' separate projects on Georgetown;Amherst-Belmont;Carnegie-Wakeforest;and Pittsburg. Mr. Ufer reviewed results of soil boring tests and means by which the Pittsburgproject win be constructed :'inquick sand. found in the area. Motion by Commissioner Stanley, seconded by Commissioner Dunn, that the City Commission' accept the final plans 'andspeci'fications sybmitted by Bayshore Engineers, Inc. for construction of storm sewer improvements as part of the city's $1,700,000 bond issue public improvement program. Voting Aye: All Voting No: None Motion by Commissioner Stanley, seconded:,by Commissioner Binig; that the City Manager be authorized tp:advertise for "bids for,constr.uGtion of the storm sewer project in accordance "with plans and specifications prepared by Bayshore-Engi- neers, Inc. in the following areas,'Georgetown;- Amher.~t-Belmont, Garnegie- . ',- o n LJ n ~ C\l ~ ~ 0::: =- c G ,~ ,{j '1 I:J ~ IfJ Wakeforest;.and Pit'tsburg, and that bids be received no later than September,20, "1976. " Voting"Aye: 'All Voting ,No: None " An invoice from Bayshore"Engineers, Inc. in the amouq:tof $38,251.68 for engineen ng servi ces.rendered, Con ,the preliminary phas'e; desi gn' phase,- survey- ing arid'soil borings for the 'construction of storm' dr'aina,ge faci-lities imp'rove- ments, wa's 'presented fo'r cons i derat ion. ' Motion by Commissioner Binig, seconded by Commissioner Dunn, that an invoice received from' Bayshore Engineers', Inc. in the amount of $38,251 ~68 for engineer- ing services for storm drainage:'fa'ci Hties' improvements; bea'pproved for: Pii~inent. Voting Aye: All Voting No: None The Commissi:on was presented an invoice dated August 2, '1976, submitted by Traffice Engineers, Inc'. for' traffic'engi,neering serVice relating to the: Office of Transportati on Study fo'r the period througn August 1,"1976, in the amount' of $3,920.00. Motion by' 'Commissioner Dunn; seconded by Commissioner Binig, tnat the 'invoice in theam'ount' of $3,920.00 subrriftted 'biTraffi c Engirie'ers';Inc. be approved, for payment'., ',' . Voting Aye: All ' Voting No:'None The Commis's i on wasadvi s'ed that ~Te lecare equipment :authorizedfor purchase had been recei\(e'd and 'installed ',;n thecfty.s ambul ance 'unit: 'It wa's pointed :out that the unit consisted of a visua1AKG scope, difibu1atorandb10od,pressure read out but will not be fully operational until a new GE-4-channel radio is received~ ',' " '.., " Motion by 'Conimi ssionerStariley, s'econdedby' CommfssionerBini'g , that, Tel ecare Inc.:bepa'i'd"'the s~m of'$8,890.:00'for delivery of Teleca~e'equi'pment'." . r-\" Voti ng Aye : All Voting'No: None In response to a concern expressed by Commissioner Dunn regarding a meeting with 'Harri's'" Cour1"ty' Li'brarfan:Katherine Brown to di scuss proposed .i'mprovelTients' to,t~e Library,':i'twas.'the decision :'of the'Commiss'ionthat a meeting'be arranged subsequent to theregular~Septertiber 1,3th meetiri~ Of 'the City Commission; , . -.. ""; n. .. ~._ I Consideration was'given'to'.fees charged for :rentalof City facilities for use as eTectionprecincts~ noUng:'that"other'precincts' rented for $50.00'per'elec- tion'use and that such 'amount 'was twi'ce'that:now being'chargedforuse of-city facil it,es. ' "''', , Motion by Commissioner Stanley~ seconded by:'corrimissloner,Dunn~that the fee charged fot<renta1 Of-city faciliHes'forelections be increased'from the present $25.00 peruse' to a fee of'$50.00 per 'use~ . Vo~i!ig::Ay~:. All',;'~ , V oti ngNO: . None L~~ _u_ ,1 ......J.~ , ,T ,J, ...l,LI::l i I I 'I II I I '1~lr i i , I !]j]fC'li1,.: l1Ji'll][jmmmnm.11iI1 11..:.-r11."llllllL ,11:J1IIIJJJII1I1IIl][rr:ilrl'.I:U, 'JIll' I ~r-L.:..r!]'1' "I' I'~'~-'l'; "I'" -"1 ,. J,~....,____ . , 244 Invoices dated August.1l;1976, in amounts of $3';309.'34 and$7,177.2.7,which had been received from Mitchell, Carlson & Associates for professional services rendered on improvements to Colonial Park Recreation Facilities were discussed by ,the COrrimission. Action on the invoices was deferred pending receipt of ad- ditional information from the architectural firm. , " u The 'Cbmmi ssi on was' presented a 1 efter from Mr. 0., C; Bartho1 orriew, Cha'i rman', Zoning;' and'PlannfngCominissionreviewing:a 'request whi'ch had been r'eceived from Mr. John 1. Mitchell of Mitchell, Car:lson':&:"Associates, as architects for proposed townhouse construction on Bellaire Boulevard. , . ,...~, . "It:was noted that special variances had been requested from provisions of , ,theOrdinan<;:e whi ch created the townhous;e 'district 'due to the particular size and location of the area planned for development. City Attorney Cha,rles Cockrell advised the Commission that inasmuch as the request wa's' for a variance-to anexisting,ord'inance 'regarding zon;-ng,of the ~city such request should ,be 'cons'idered' by ,the Zoning Board of Adjustment rather' than by the Ci ty Commi ss i on. ~, The Commission was advised that Mr. Jerry Parish, architect, had inspected the shade' shelter in' Whitt Johnson Park constructed ,by Mr. Bill 'Kelsey and noted only' a' fewr minor corrections needed pri or tofina 1 approval and acceptance of the shelter. Such corrections have been completed and it was the ,recommendation of the City Manager and Street Superintendent A. L. Bearden that the construc- tion be' accepted and final payment of $1,250.00 be made to'Mr. Kelsey. , :~." Motion byCommissiorier Binig, seconded by Commissioner:Dunn,thatthe shade 0 shelter constructed in 'Whitt Johnson Park be accepted and final payment of i $1',250.00 be made to Mr. Bill Kelsey; , " Voting Aye: All Voting No: None City Attorney Charles Cockrell advised the Comm;ssion::that a P1aintiff'speti- tion had been received by the city as a result of a suit being filed bya number of former policemen and firemen requesting payment for accumulated, unused sick 'leave, and that he was in the process of preparing an answer to such petition. The'Commi-ssion wasa'dvised' that an appl ication had been received from the Harris-Galveston Coastal SUbsidence District 'to. renew ;,the city's appli'cation for operation of its water'wel1s and that provisions 'herd been made for either a one-year or two-year renewal period. Inasmuch as there is some question re- garding the lega li ty of the 'Di stri ct the Gi ty Manager WgS' :'i nstructed to make application for only a one-year'renewal. It was noted that a Public Hearing will' be held in the District office of the Harris-Galveston Coastal Subsidence District to consider rate of permit fees, on Wednesday, September 8, 1976. A schedule'shbwingplansforclosing the swimming pool after Labor Day for the regu1 ar daily ,program' and re,..0pening' ,for the 'week-end' of August 11 j12th and then final ,closing for the season, was presented'to the Commission. Minutes of the regular meeting of the Zoning and P1anning-Comrriissionon' Tues- n day, August 10, 1976, were presented to the Commission for their information. ~ [1 -.g~~1~5 jf) It ~'!'+. Minutes of the regular meeti'ng, of tHe Electrical Bbard o'n August 18, 1976, were presented to the Commission for their information. . "', .. Minutes of the regular meeting of the City Commissio'nii>on Monday, August 9, '1976, were pre\sentedfor consideration and:the-fol1owingactiori taken: 'Motion 'by Commis's'ionerDunn; seconded bY"CommissfonerBinig~that minutes oftne re- 'gular meeting' of the City Comm'ission on -Monday,' Allgust 9, 1976, be corrected to show Mayor Wall in voting on a motton to 'aWare "a 'contract to 'Braswell :-Brothers for construction of park entrances, and approved as corrected. Voting Aye: All , , Voting No: None With no further business to come befor.e the Commi'ss;-on at this time, upon M motion duly made, seconded and carried, the meeting adjourned at 9:30 p.m. C\I to t.:l :: ::r= o D ~~~~ .J Mayor ~ ATTEST: ~~~ Assistant City Secretary . . ' 'li_'I'.'l-~!!l!!1:1DllnlUl~1 l : ~I l_:lIImHI ,1I!I1I11I11IIl1I1IIllTIflIQI.JI: I. .III, I '--C..:-' I.',,:,,_,~--, ,:, . ,.. :_,~,- r: , 'r.:::......, ' 1 I....._l . ~~ a4B SPECIAL MEETING OF CITY'Cm1MISSION September 20,1976 " u The 'City Commission convened in special session at .the City Hall on Monday, Septem- ber 20,1976, 7: 30 'p. m. ,wi tl1 the' 'fo llowi'ng members present: Mayor ~Ja11 in, pres i d- ing;'Commiss,ioners Du'nn; Stanley,'a'nd Thompson. ':TheCity Manager was'a1so"present. Commissiorler Bi'nig<and the"City Attorney were absent; " " ' The Invocation was prono~nced by Commissioner Stanley. In accordance with previous action of the City Commission, bids received for four (4) storm sewer projects were 9penedand re~ultsannounced as follows; " Georgetown Amherst Carnegie Bidder Base Bid Alternate Belmont Wakeforest PittsburCJ .. ,0, R. 1. Bishop 244,594.64 89,642.00 338,059.37 499,586.08 333,281. 76 ....-. :", 1.: .~ BRH 166,877'.50 40,023.60 234,667.00 340,666.10 243,804.65 Ben Felts 200,927.41 H. 1. Holland 126,324.00 28,028.00 170,825.00 245,097.00 165,978.00 Marathon 144,799.00 33,615.00 183,308.50 280,706.00 229~019.00 Precision 163,474.00 29,658.00 212,955.00 320,431,00 235,500.00 ~J S & C Constr. 188,796.70 31,603.90 231,768.35 326,371 ,30 224,050.00 West Constr. " .209,775.00 Motion by Commissioner Stanley, seconded by Commissioner Thompson, that bids received for construction of four (4) storm sewer projects be referred to the City Manager and Mr. Dieter Ufer, Bayshore Engineers, Inc., for tabulation with a recommendation to be made at the next regular meeting of the City Commission. Voting Aye: All Voting No: None . The Commission was presented an invoice in the amount of $1,358.30 from City Attorney Charles Cockrell for legal services rendered during the months of April, May and June, 1976. Motion by Commissioner Thompson, seconded by Commissioner Dunn, that the invoice re- ceived from City Attorney Charles Cockrell in the amount of $1,358.30, be approved for payment. Voting Aye: All Voting No: None An extension of a Lease Agreement with Texas Industries, Inc. for a 6.51 acre tractu II of land on Westpark owned by the City of West University Place was considered by the Commission. Review of the Agreement by City Attorney Charles Cockrell had been completed, and he was in agreement with all provisions upon change of the word "rentalsll' to IIroyaltiesll in the following sentence on Page 2: IIWithin thirty (30) [~I "" C\l c.c ~ == 0:: ? r L! 1-~1 L_ ~~ 4: '1' . ,~ ."' ., . _ 1~.. \..- days after the end of each fiscal year of Lessee hereunder, Lessee shall pay Lessor the sum, if any, by which royalties at the above-stated rate or rates applicable to the fiscal year computed on one hundred fifty thousand (150,000) cubic yards ex- ceeds the total amount of monthly royaH,iesactuallY paid during such fiscal year. II Members of the Commission agreed that lIand royalties" should be adtled in the, follow- ing sentence on Page 3: "In the event Lessee shall exercise such option tn renew and extend said Lease Agreements, such renewal and extension shall be upon the same terms and provisions set:forth'in said Lease Agreements as hereby amended, except that the rental and royalties payab1e"during",the additional period shall be agreed upon by" Lessor and Lessee according to the negotiation provisions of Section l of each of said Lease Agreements;II" , ~10tion by Commissioner Thbmpson;'seconded' by Commissioner' Dunn, that the Mayor be authorized to execute an extension of a Lease Agreement with'Texas Industries with modifications, for leasebf city'bwned property on ~Jestpark. Voting Aye: All Voting No: None Commissioner Stanley expr'essed his' appreciation to the City Manager and othe'rs responsible for the negotiation of the Lease Agreement. The Commi ss i on was advi se'd that the City Manag'er had met wi th Mr. John Mi tche 11 , architect for the rehabilitati~~~f Colonial Park, and that a meeting should be arran'ged with members of the City Comini ssi on and Mr . Mitchel' to di.scuss hi s fees and the propo,sed ~ork sch'edul e for,improv'ements to the park.' It was the decision of 'members of ,the CityCoIi1mission that a workshop.session be dev,oted to discuss'ionorrates' to be charged for ambu'lance service. With no further business to come before the Commission at this time, upon motion -duly made, seconded and carried, the meeting adjourned at 8:30 p.m. " ' "- r-l. ~~~~/ ~ ayor ATTEST: ~.~~~~ Assi s ant Cityecr'etary , , .- ' " r ~~ 1- - I I r . -~l ~ I I T 1 I.JII' mum II ': I' 11 j' i1Ui I ~lIrmm.1[J1 I '11.1111[1 '248 IUI.I~Ujmm[1.II11111 III,' 'I II lLl.I-- ,-~__~ , ,I , 4 ~'''''''-i.'''- . REGULAR MEETING OF CITY COMMISSION Septembe'r ,13, ,1976 iU) ---.1 The City Commission"convened in regular session atth~ City Hall on Monday, September 13, 1976,7:30 p.m., with the following members present: Mayor Wanin, presiding; Commissioners Binig, Dunn 'and Thompson,' The City Attorney and City Manager were a.1 so' present, , , Mr. Dick Atkins, 5314 Mercer Street, urged the CityCoininission to give careful consi derati on and'attenti on to a petiti on fi,l ed by members of the Po 1-i ce and Fire Departments for im 'elecfion: to :consider adoption of Civil Service prior to making a decision on the subject. Mr. Atkins stated, that he had worked under Civil Service for many years as a member of the City of Houston Police Department and it was his belief that Civil Service would be beheficial to bothdeparlmentsas well as to the city. Mr..Atkinsfurther stated that' he ,;was, greatly concerned over the apathy of citi'zens; their. lack of concern re- garding the adoption of a budget for the year 1977; and the lack of interest in the affairs of the city. Commissioner Binig expre'ssed appreciation for Mr'. 'Atkins, appear'ing before the Commission to express his feelings. City Attorney Charles 'Cockrell advised the Commission that he had written to the office of the Attorney General seeking an 'opinionw'ith, regard to the pro- vision's of Article 2'.Olb o'f'theTexas Election Cod'e which established certain dates o~ which electiohscould beheld and:haabeen advised that it was not the responsibility of such office to render opinions to municipalities. Sub- sequent 1y Mr. Cockrell talked 'by 'tel ephon'e wHhMr .Suinners of the Secretary of State's office'who concurred that a valid election could not be held on the question of adoption or rejection of the Firemen's and Policemen's Civil Service Act pri or to the thfrd Saturday 'inJan.uary, 1977. Motion by Commissioner Thompson, seconded by Commissioner Dunn, that it is the intent of the City Commission to call and hold an election on the question of Civil Service for Policemen and Firemen at the earliest time that such election can be lawfully held, and that the City Attorney be directed to keep the City Commission advised'as to any information which would permit said election to be held at a date earlier than the 3rd Saturday in January, 1977. ':, I ".."....:..., .J':;'.:'" ~ D Voting Aye: All Voting No: None City Attorney Cockrell advised ,the Commission that he had contacted counsel for the policemen and firemen and advised of his findings with regard to calling an election. Mr. David G. Sheldon, 5502 Buffalo Speedway, appep.red before the Commission,to request a variance from the provisions of Ordinance. Number 896 which precludes the erection of a fence or wall beyond the main wall of the front of ' a house: Mr. Sheldon presented a sketch and photographs of his home, stating that he lived on the corner of Buffalo Speedway and Sunset Avenue, both of which streets are heavily traveled and produce much noise. Mr. Sheldon stated that erection I of the fence in accordance with his plans would permit planting on either side L1 of the fence to aid as a sound buffer to an adjacent sun room which was impos- . sib1e'to enjoy under the present conditions, n ~ C\l c.c ~ - ~. :::t:: n u if, ' f-~-.' ~-" 49 '~": : >.:;. , . -:'~ '--..: - Commissioner Stanley arrived at the meeting at this time. In response to a question regarding legality of action of the City Commission to grant Mr."She1don1s request; City Attorney Charles Cockrell stated that"it was unusual for the Commission to act on such a request and that it was possible that such acti on wou1 d produce additi ona 1 requests 'from' others,:' but that each request would have'to be col'1s'idered on its individual: merit, and in his opinion there would not be any legal precedence set by such action of the"City Commis- sion. Motion by Commissioner Binig, seconded by Commissioner Stanley, that the City Commis'sion approved'the granting of' a peY/mit ,for the construction of 'a fence' at 5502 Buffalo Speedway to extend approximately two (2") feet 'into: the front building line of the property; Voting Aye: Binig': Stanley' Thompson Mr. DieterUfer,'Bayshore~Engineers,Int. appeared before the CityCommiss.ion to present completed plans and specificatibns for 'interim improvements to be ' made to the wastewater treatment facility in accordance'with"requirements of the Texas Water Ql,lality Board. Mr. Ufer reviewed the time schedule established for completion of the improvements, noting'that,bids should be received at the earliest possible date topY'oVide'as much time as possible for completion of '.' the project. Voting No: Dunn Wallin' Motion by Commissioner Thompson, seconded by 'Commissioner Binig, that the City Manager' be authorized to advertise forbids for interim improvements to be. made at -the wastewater treatment facility with bids to be received by, the City Com- ' mi ssi on on' October ,11 th. ' Voting Aye: All Voting No: None Mr. Keith Gar'lson~ Mitchell, Carlsonal'1dAssociates, architects for the rehab;' i1itation of Colonial Park, advised the Commission that only one bid had been received for utility improvements that were necessary at the park site and it was fliS recommendation that the proJect'be:readvertised and a ml.lch:more active effort be made to encourage' contra'ctors to bid. Attention' of the .Commission was directed to the fact that the City Commission could reject the bid receiv,ed' and readvertise the entire project, or open the one bid and retain it until additional bids were received. Motion by Commissioner Thompson, seconded by Commissioner Dunn; that the City Commission reject the bid received andreadvertise theuti'lity improvement project with bids being' received by the 'City Commission on October 11th for either the entire project,.or a1ternatebi~s for electrical work, plumbing' work, or site work. VotiilgAye: 'All' Voting No: None In accordance with a request received from Mrs. Charles Cockrell, Regent, Lady Washington Chapter, National Society Daughters, of the Amer'i-can Revolution; a Proclamation'designatiilg' the week of September 17 thrOl.lgh23rd as Constitution Week, was presented and read in full. . L~ ..l, -". _..l ''I ! 1'---:-:1 , ~~ _ ur:ca I .! , Ilmr:'iD,.:': '!II' I , . TI'!JiijTIITrllImIll1I1BlnJ . I I JI Jill 21)0 I .lmlllliUJm~jffilliLl llrl O:I:[ "" !...~i~T~ro The Commi'ssion was advised that the current appointment of Mr. Charles Orsburn as Associate Judge ofth'e Municipal Court had expired, and in accordance with' provisions of t~e City'Charter it would be necessary to :e-appoint h,im. Motion by Commissioner Stanley, seconded by CoinmissionerThompson, that Mr. Charles Orsburn'be reap~oint~d as Associate Judge of the Municipal Court for .an adClitiona l"s.1~ty C60) day;period. ' I-I U Voting Aye: All Voting No: None Commissioner Thompson was 'advised that"no additional information had been re- ceived regarding the study being prepared for the City of Bellaire con'cerning the feasibility of creating an Independent School District. Commissioner Stanley advised the Commission that he had again been contacted by Dr~ Dscar Maldonado who was interested in organization, of a soccer league in conjunction with the Recreation Department, and would like to use the field on the West University Elementary School campus, but did not want to interfere with any ,previously planned' activities. ,It:was"the'decision of the Commission that Dr. 'Maldonado work with members of the' Parks and Recreation ,Board in the absence of'a'Recreation'Director. ": -{:. ",': ~\ .-oJ , ...':;"... Commissioner Binig advised the Commission'that St. Mark's Church and the Minis:... ' teria'l Alliance were encouraging support in 'their' efforts to prevent the showing of "X" rated movies and sale of pornographic literature. A workshop meeti ng was des i gnatedfor 7: 30 p. m ., Wednesday, :'September 15th , at r which 'time an intervicew'would be' arranged with an' app1 icant for: the, position ~ of Parks &:RecreationDirector and a meeting would be held with members of the ' ~ Independence Park Committee to discuss receipt of Community Development Funds and Phase I of t~e Independence Park project. A statement from General Electric Company in the amount of $1,181.50 for radio equipment to he 'mounted: in the city's ambulance unit was presented for consi- deration.' . ' , Motion by Commissioner Stanley, 'seconded by CommissionerDunn~ that General Electric Company be paid ,the sum of $1,181.50.'for radio:'equipment to be mounted in the ambulance unit. Voting Aye: ,All , Voting No: None It was requested by.the City' Mahager that the City Commission defer considera:" tion of an extension ora Lease Agreement 'with Texas Industries pending review by City Attorney Char1 es Cockrell and members of the Commission, and that such matter would be placedon'the agenda of the next meeting of the City Commission. It was the decision of the Commission to postpone consideration of recommenda- tions by the Zoning and Planning Commission regarding construction of circular driveways, parkingof automobiles in front yards, etc. until a later meeting. The Commission was advlsedthat 'Mr. John Burns had requested that a reception I] be planned to honor participants in,the j3iCentennia1activities and it was sug- gested that such reception could also b~ used to honor those persons who have u M .c.J c.c ~ :I::. ::t:: o ~l 2fi,1 served as members of various city boards and committees. Names of the persons to be honored will be added by members of the Commission and plans made for a reception during the latterpart.of Dctober. , . ' Minutes of the regular,me'~tihg,of th,e City Commission'~n~'August 23~ ;976, were presented for consideration and the following action taken: Motion by Commis- sioner Thompson, seconded by Commissioner Dunn, tnatminutes of the regular meeting of the City Commission on August 23, 1976, be approved as submitted. Voting Aye: All Votin~ No: ' None I r-' f With no further business to corne before the Commission at this time, upon motion duly made, seconded and .carried, t,he meeting ,adjourned at, 9:1'Sp.m. ~d:lU/~j Mayor . ATTEST: ~"~~ Assistant City Secretary IIIJII~1 ~ "-0 i&1D~ IUIIIII~Wlllllli 1I11I11 "I Jill" " L1:.1 j~ "J~L_I_.__~L_.J ; ! , , REGULAR MEETING OF CITY COMMISSION Septemb~r 27" 1976 The City Commission convened in regular session at the City Hall on Monday, September 27, 1976, 7:30 p.m., with the following members present: Mayor Walli.n, presiding; .Commissioners Dunn, Stanley and Thompson. The City At- torneyand City Manager were also present. Commissioner,Binig,was absent. LJ The Invocation was pronounced by Commissioner Thompson. ' Mr. Wi,lliam Perlmutter, 3111 Bissonnet, advised the Commission that,hewas to appear before the Commission in regard to the construction of a 1011 sanitary sewer.1ine to se.r.vicea townhouse development, he is building on Bellair.e~Boule-. vande Mr. Perlmutter further advised that arrangemen~s had been made to dis- cuss his problems in a workshop session and he would not present them at this time. ."!'.' ~ " ' .,..... ::::'.- ~ ".(1,1;,' Mr. Hal Biggers, 3617 Albans Road, stated that he thought this would be a good time for the City of West University and Bel1aire, with Southside Place, to work together for the creation of their own school district and that it was his belief that exc~11ent teachers could be recruited with tax funds that are now supporting Vqnd&li~min other areas of the city. " Commissioner Binig arrived at the meeting at this time. The Commission was advised that Mrs. Carl Wagner, 3707 Albans Road, had re- quested to be on the agenda to discuss removal of a street barricade which had been erected at the intersection of Bissonnetand Albans/Wroxton, but did not appear: The City Manager reviewed bids received for the constructton of four (4) storm sewer projects to be constructed at the following locations:" .. " 1) Georgetown project from Buffalo Speedway to Poor Farm Ditch 2) Pittsburg project from Buffalo Speedway to Poor Farm Ditch 3) Belmont-Amherst project 4) Carnegie-Wakeforest project The City Manager direoted the attention of the Commission to alternative con- struction that could be accomplished with bond funds that had been allocated for Alternate "A'I included in conjunction with the Georgetown project. Mr. Dieter Ufer of Bayshore Engineers, consulting engineer for the storm sewer project advised that Alternate "A" provided for replacement of existing 12" lines with 15" lines at four intersections and replacement of existing inlets. Street Superintendent A. L. Bearden advised the Commission that in his opinion there would not be enough additional drainage achieved by the changing of the 12" lines for 15" lines, and that city crews could change out the inlets for an approximate $3,000.00 cost. It was pointed out to the Commission that there was still a need for additional [11" storm sewer construction in the College Court area of the city and that the additional $28,028.00 would probably be sufficient to extend the Georgetown project to Tang1ey rather than Plumb, thereby adding an additional block to ....:-;; '';''.:.-:; . "-'.to <'_......:J; o [l ~ C\l, co ~ - .....' ::c:: o n i~1, the overall long-range storm sewer program. Motion by Commis'si"o'ner Thompson, seconded by Commiss:ioner Stanley, that Alter- nate "AII inc1u,ded'with the~,Georgetown storm sewe'r 'project ,be ,deleted. ";... ",:]"-" Voting Aye: All Voting No: None The following Certificate of Jl:vai1abi1Hy o'f Funds :was presented to the'Com.: mi ssion and r'ead 'in full: " , ' . "Dear Mayor and Commissioners: '. ~~ I, City Treasurer, Robbie Barnett', db herebY certify that there is 'deposited' in the fun~ known as Cfty:of \~est UniVers'ity P1acei Texas, Ge~era1 .obligation' Bonds, Serles 1976, Constructlon Fund, the sum of ~800,OOO whlch has not been' appropriated for any other project and may be used in financing the four (4) storm sewer proj~cts 'known' as:' , . , a) Georgetown proJect. from Buffal:o Speedway' to 'Poor Farm Ditch b) Pittsburg from Buffalo Speedway to Poor Farm Ditch c) Belmont-Amherst project d) Carnegie-Wakeforest project inc1udirig engineering fees and rel~ted'expen~es. , , Robbi e Barnett City Treasurer . City of West University Placell The Commission was presented a written recommendation dated September 27, 1976, from the City Managerand:consultingengfnee'r, Mr. Dieter Ufer,'outlining their investigation into'the::qualfffcations of the loW bidder, H~'T. Holland ,Construc- tion Company, including a check of his financial capability, equipment avail- ability and experience.and recommending that a contract 'be awarded to the H. T. Holland Con'struction Company on their'loW bid :'of $709,778.00; deleting the con- struction bf A1ternate,~Jl:II~ Ordi nance Number 1070 was"! presented to' the Commi ssion and read in fu 11 : . . (' . . AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THE CONSTRUCTION OFA STORM SEWER PROJECT AT THE "-FOLLOWING'LOCATlONS: "(a) ,ALONG GEORGE- TOWN'STREET EAST FROM POOR ,FARM, DITCH TO 'BUFFALO SPEEDWAY, NOT TO I~CLUDE' ALTERNATE 'WI; (b) ALONG' PITTSBURG STREET' EAST FROM POOR FARM DITCH TO BUFFALO SPEEDWAY; (c) ALONG AMHERST STREET EAST FROM- BUFFALO SPEEDWAY TO BELMONT STREET, THEN NORTH ON BELMONT TO PLUMB STREET; (d) ALONG CARNEGIE -STREET EAST FROM' 'BUFFALO SPEEDWAY TO WAKE FOREST -STREET, THEN 'NORTH ON'WAKEFOREST STREET TO CAROLINA WAY; APPROVING PLANS AND SPECI- FICATIONS FOR SUCH IMPROVEMENTS; ACCEPTING THE LOW BID OF H. 1.' HOLLAND CONSTRUCTION COMPANY; AWARDING A CONTRACT TO H. T. HOLLAND CONSTRUCTION COMPANY; AUTHORIZING THE MAYOR TO ,EXECUTE SUCH' CONTRACT; AND PROVIDING AN EFFECTIVE DATE. Voting Aye: All 'Voting No: None' L .~ ~_L _ ...1 ~--.l_~ I :' '11.11,1 JlLlliIIImJIIIlIIIDRI[J! ' I IlllillL'lL , " . r-:-:.! . ---=-r.:L:r-1......._...L...... 111][ I. JI.la~ll fh..: ..;.., ~IQ ',1', .l;." , ' 4:1 ~ 1I]1111~1~lllm;IIIIII,1 'I 1111' UJJ ." ~_ ~ f: I I L,' _ _L_.-1 Mr. H. T. Holland, President, Holland Construction Company and his Su~erinten- dent 'Mr.' L innis Gibbons were 'infroduced to members of,the Commis'sio'n. Mr~ ' Holland advised that it"wasanticipated'that the necessary performance bond, contract and other bidding documents would be completed and the project com- menced by Monday, October 4~ 1976. ' , The City Manager advised the City Commi ssi'o'n that without .the 's'ervi ces 'of an on-staff engineer provisions should be made for an inspector'during the storm sewer construction, and recommended that the services of Bayshore Engineers, Inc. be engaged for thi s purpose. A 1 etter dated September -22, 1976, setti ng' forth fees for services to be rendered in providing the services of a project inspector for the storm sewer projects. It was noted 'that the scope' of the projecf and' services'wou1d 'indicate afee'withina range 'of $6,000' to $7,500 to be b111ed on a mri~th1Y .bas~s. - . Motion by Commissioner Stanley, seconded by Commissioner: Binig, that the City Manager be authorized to engage Bayshore Engineers, Inc. to provide the services of an inspector on the storm sewer project in' accordance 'with the'"provisions of a Letter Agreement dated September 22, 1976'.' ,~ " Voting Aye: All Votin~ Na! None The Commission was advised that consider.ationhad 'been given to establ ishing fees to be charged the six (6) churches located in the city for removal and disposition of trash and garbage because of the increased costs for providing such service. ," Motion by Commissioner Thompson, seconded by Commissioner Binig, that due to increased' cost incurred by the city for rerrioval and di,sposition of sol id waste, a monthly charge be made to all ctiurches, 'for such '--service and the charge ,to the re~pect i ve . c~urches bf7g i nJanu~ry :2, 1977 ,.as fo 11.ow5 : West University Baptist Church West Uni vers fty Methbdi sf Church' St. George Orthodox Church West University Church of Christ ,St. Andrew's Presoyterian Church St. Mark1s Episcopal Church $ 125.00 p~r month 125~00 per month 75.00 per month 75.00 per month 100~00 per month 175~OO per month and that such city serv'i ce forremova 1 'of sol i d waste be made on an opti ona 1 basis, and that the respectivechiJrches' be permitted to contra'ct from private haulers if desired, and that the definition of solid ~aste be the same as.de- fined and provided in Article 1; Section 1, (a) and (b) of Ordinance No. 774. Motion amended by Commissioner Thompson, accepted byCbmmissioner Bi'nig~ that "based on the present" volume of solid waste produced" be inserted in the motion following, "effective January 2, 1977". Voting on the motion as amended. Voting Aye: All Voting No: None The City Commissioner reviewed previous workshop sessions regarding establishing, fees for providing ambulance and first aid service to residents of West Univer- sity, City of Houston and City of Southside Place. .1_'-,---'" . fU] :.........J , {~ ." z'" .::.--, I,.,:.... o u n O':l C-.J cc t;5 - ....... ::r:: o n tl.l}S Motion by Commissioner Stan'ley, seconded by Commissioner Thompson, that the following ambu1ance transportation cnarg'es and s'ervi.ce render'ed. for first aid be made: Transportation to residents of West University Place, $35.00; no charge for first aid cal1~~' Transportation to hospi'taJ;?;toresldents ,of the City of Hous'ton be $40.00, Withncfcha'rge' made for first aid, calls assuming' a reciprocal "back'-up agreement with, "the' City o'f Houston. Charge to residents of Southside Place to hospitals be offered on basis oJ $60;00 per transport, and a charge of $15.00 for each first aid call made. Such to become effec- , tive October 15,1976." Residents of the 'City' of West 'University Place and the City of Houston t,o be charged an"cJ billed 'indivi'dually and directlY, and that, the City Of SoCuthside Place be 'billed' foy., ambulance and' first aid service' . rendered to their residents. Voting Aye: All Voting No: None City Attorney Charles Cockrell advised~that the hearing of the application' of the Bunny Show' Cl ub" for arenewa:l of".i ts 1 i cense 'wou'l d be he.l dat ,the Alcoholic Beverage Commission in Austin ,at 9:00 a.m. on Tuesday', September 28, 1976, and that he and Chief of Police James Bryant would attend the hearing. , , , Mr. Cockrell was 'excused from the meeting: at this time because of the'early hour he: wou1 d have to leave in order: 'toattendtlie.A 1 coho li c'Beverage Commi s- sion hearin~. '." An invoice was presented to the Commissi'on from'Gulfgate Engineering,.Inc. in the amount of $4,529.00 for delivery and installation of a chlorinator with pump and lines in the city"s wastewater treatment facility 'in 'accordance' with bids rec'eivedby the City Commissi,on: ' , Motion by Commissioner Thompson, seconded by Commissioner Dunn, that an in- voice in the amount of.$4,529.00 submitted by Gulfgate Engineering, Inc. be approved for payment. , , Voting Aye: All Voting No: 'None The Commission was presented an invoice in the amount of $2,195.00 from A. G. Bailey Company, Inc. for d'elivery ofch16rine scales in accordance with their low bid whiCh had pre~iousl'y beena'~cepted by the City Comri1issio~. ' Motion by Comrrii ss'i oner, Thompson, seconded by Commissioner Bi nig,. that ani n- . voice in 'the amount of $2, 195.00 from 'A. 'G.' Bailey Company, Inc. be approved for payment. .' . Voting Aye: All Voting No: None The Commission was advised that an amended fee schedule and/or revised invoices had not been "received from Mitchell, Carlson & Associates"architects for the rehabilitation of Colonial Park, therefore, this item should not be consfdered. . , Following a 'lengthy ,discussion regarding the 'status of the'City Commission re- garding "decks, fences and other 'construction 'not prec1 uded by provi sion of the Zoning Ordinance or Blii1di'ng' Code being considered "frozen" by the office , ' r~__ _I. -:----:-::1......:!~~ ~~ ..Llr~~....L.........L.............. 1 1111. I :. 'I -ll'jj EllilIiIllllDllIlllRlfI' . .... -IJ .1!JIIHI .IIJ11DI11DIl1l11I""IT -m. f . JT: I. .: I "Iii L..:.T:[l__- T __l.:.,_:_~-r- r_ ._.___:L._. :_.J h ~'6 iliQ' of the Building Inspection, the City Commission set a workshop meeting for Tuesday, October 5, 197:6~ 7:00'p.in. to 'consider these items and others re- commen'ded 'by' the 'Zoning and ,pranning Commission. :" , Commissioner Stanley requested that he go' on 'record as belng opposed'to any freezing 'of construction and that 'the Building Inspection Department' be in- struct'ed to Work according to existing ordinances: until some action has been' taken by the City'Commissiori." . , The Commission was presented a' letter from MY.; Frank Stewart resigning' as a member of the city's Health Board fna'smu'chas 'he is no longer a resident of the City., Also presented'was a 1etter'of'resig'i1a.tion'from~1r. Hollis Wa1dt as a member of the city!s Insurance Committee inasmuch as he is now the agent of record of the city's group hospitalization insurance coverage. J ,- /~. '. .....: Motion by Commissioner Thompson, seconded by Commissioner Stanley, that re- signations of "Mr. Stewart and'Mr. Waldt be accepted with"regret and that a letter be:forwarded to each' over the Mayo'r's signature expressing apprecia- tion for their services to the city. " , , ;..~\..~. The Commission was advised that construction of the sidewalk, park entrances, park bench installation and drinking fountain installation at Weir Park had been completed and~1r.Jerry Parish of'lhe'Parks& Recreation Board had sub- mitted a letter of acceptance of the project. An invoice from Braswell "Bro- thers in the amount of $5,880.00 for such construction in accordance with their bid proposa'l was pres~nteafor',cons;:der'ation. Motion byCommissioner'Biriig, seconded by"Commission'e.r Thompson, that the invoice in the amount of $5,880.00 submitted for'Weir'Park construction by Braswell Brothers be approve~ f~r payment. u Voting Aye: All Voting No: None The Commission was advised that no recommendation had been received from members of the Independence ParK Committee and discussion of this item should be de- ferred until a report of the Committee h~d b~en received. The Commission was advised thatMr, Derinis'Hobbs,2621 Nottingham, had called the City Manager arid offered his services in preparation of'a,IISpook House" if Halloween activities were planned by the city and also offered to assist in Christmas decorations if it was desired. Mr.' Hobbs stated that he had com~ menced"plans for the 'Christmas display at his home and would cooperate with the city in every way he could. It was the concensus of the Commission that even though traffic problems were encountered by visitors to the display, that it was beneficial to the residents and others who saw the display and should be continued. It was called to the attenti'cin of the City Commission that inasmuch as Octo- ber 31, 1976, the traditional Halloween date', would fall on Sunday, plans had been made by members of the Fire Department to hold their annual Halloween party on Saturday evening,' "It was ,noted that Houston and S6uthsidewou1 d host city activities on SundaY' and that 'the' City' of Bellairehad no definite 'I!ji ' answer'as to when that city'would celebrate. It was called to the'attention of the Commission that no plans had been made for an activity to be held at o M C\l c.c ~ - ...... ::r:: n n 26'7 > " ~: '. ,if:' !.~, :...: the Community Building for younger children inasmuch as there had been no group volunteer to take, over sucha'ctivities. ,The City Manager was instructed to contact the Parks & Recreation Board to determine if it would be interested in planning such an activity.'-~c' ... ' Fo110wingpresentation'of a rou~h draft desigried to require licensing of cats -and limiting the number on individual premises to'notmore than three, Mayor Wa 11 in requested that:,members of the Commi ssi on review the draft and submit to the City Manager any written comments or revisions. Minutes of the regular meeting of the Zoning and Planning Commission on September 14, 1976, were pl"e'sented to the Commission for' their information. Minutes of the regu1ar'meeting"of the Zoning:Board of Adjustment on Septem~ bel" 16, 197,6,-:were presented to the Commission for their information. , , . Minutes of the regular meeting of the Electrical Board on September 20, 1976, were presented to the Commission for their information. i. : Minutes of the regular meeting of the City Commission on Monday, September 13, 1976, were'preserited for consideration and the following action taken:~10tion by Commissioner Stanley, seconded by Commissioner Thompson; that minutes of the regular meeting of the Ci,ty Commission on Monday, September 13, 1976, be approved as submitted, Voting Aye: . All , Voting No:' None Minutes 'of 'the special1meeting,of'the City Commission on'Monday, September 20, 1976, were presented for' consi derati'on, and the following acti on taken'- Mot; on by Commissioner Thompson, seconded by Commissioner Binig, that minutes of the special meeting of the City Commission on Monday, September 20, 1976, be ap- proved as,submitted~ ' Voting Aye: All"" Voting No: None With no further business to come b~fore the Commission at this time, upon motion duly'made~ seconded and carried~ the meeting adjourned at 9:30 p.m. ~;2{k~~ . Mayor i I ATTEST: oe.a- ~. Ass 1 stant' Ci ty. Se reta'ry ....,' , ,I, 'II J!lff! ,lrnllllllUllllHmlilllll Ji: I ,'[ '11111 , I, I L,FIJ'::"__J..:_;' _~~ r 'T- , 1 :0 ..- 8 Ai~ REqUlAR 'MEETING, OF' CITY"COM~lISSION , Octo'b'er: 1-1 ~:1976' " '-", The City Commission convened in regular session at the City Hall on Monday, October 11,1976, 7:30 p.m.,witn'the foHowing'members present: Mayor Wallin, presidin'g; Commissioners Bini'g and'Thdmpson. 'The' City Attorney and' City Manager were also present. . Commi's'sioriers Dunn a;nd:'Stanley were absent. , , "'.' ;. " The Invocation was pronounced by M~yor W~ll~n. ; ,..- Commi'ssioner'Stanley arrived-at the meeting atthi's time. In accordance with prev;ous'action'of the City,Commission asa result of an Enforcement Order lssued by 'the Texas '~later: Qual ity Board requiring certain improvements to the wastewater treatment facility, bids received were opened and results announced as fo 11 oWS~ ", -, "1 Bidder .Lump,Sum, Bi~ . , WorkinQ Davs , La-Man Contractors' Numm& Shumway Constr. ,", Tidal Construction, Vaughn Construction Co. 52,360~00 , - 53 ;000. 00 63 ;000'.00 62,000.00 90 190 30 150 q__""" I I ,I u ....'''' : " ~ ~. Motion by Commissioner Bi'nig, seconded by Commissioner Stanley, that bids re- ceived for improvements to the wastewater treatment facility be referred to ' 'i~I~,' the City Manager' and consulting engirieerDieter Ofer",of Bayshore Engi neers ~ Inc. for tabulation with a reconimendatiori'to be presented to ,the City Commis- U' s ion' at its "nextli1eeti ng. Voting Aye: All Voting No: None Bids received for utility improvements at Colonial Park were opened and results announced as follows: Bidder Lump Sum ~i d l~orkinQ Davs' A/C Systems, Inc. 42,458.00 90 Woh1t Electric 48,990.00 120 Biddle Electric Co. 41,198.00 75 Dickey' Electric'Co. 35,500.00 120 ' , ' Motion by Commissioner Stanley, seconded by Commissioner Thompson that bids received for utility improvements at Colonial Park be referred to the City Manager and consulting engineer John Mitchen for tabulation with a recommenda- tion to be presented to the City Commission at its next meeting. Voting Aye: All Voting No: None It was noted that the bid submitted by La-Man-Contractors, in the amount of $52,360.00 had been erroneously included 'with bids for improvements to the wastewater treatment facility and that such bid was a proposal for utility improvements at Colonial Park. u 11 c--.:.J M C\l c.c ~ :r:: ::r:: o 2,alg The Commission was advised that'consu1ting engineer,Dieter Ufer of Bayshore Eng,ineers, Inc.' had been requested, to make a feas.:ibi1-ity study of three sepa.., rate areas and cost estimates for extens~on of storm sewer construction inasmuch as additional bond fund, would be available for such constru,ct,ioh. A review of the feasibiHty study indicated that a 24" relief storm sewer could be constructed from Community Dri,ve to Fairmont on Lehigh at an estimated project cost of $32,060.00. However, it was brou9ht to the attention of the Commission that in the opinion of the City Attorney this project could not be i nc 1 uded ;,n the planned ~ extens i on proj ect i nasmuchas it was not under the ori .,. gina1 bid, and all bidders had no opportunity to bid on the College Court area in their proposals. Th,e Belmont-Amherst pr.oject coul d be, extended from P1 umb Street north to the intersection of j:Q u ell by Street at a total estimated project cost of,$6f,86:~." Motion by Commissioner Thompson, seconded by Commissioner Binig, that the contract- with H. T.Holland:, Construction Company for the Belmont-Amherst project be amended to extend a 42" lihe from Plumb Street north to the i~ter- section of Quenby, at ,a total estimated project cost of $62,868.00 f Voting Aye:' All:," Voting No: None, The Carnegie-Wakeforest, project could be extended from Pittsburg north .1:0 Pemberton by increasing the 24" storm sewer 1 ine to a;~36w"'1 ine :b'etween Pitts- burg and Carolina Way on Wakeforest and extend such 36tl line to Pemberton "to eliminate the f1:00dingconditions of the ,intersections of Wakeforest and Ba rba ra Lane, c.Du,ke and, cPemberton.', ' Motion by Commissioner Thompson. seconded by Commissioner Stanley; that the contract with H. T . HollandCons,tructionCompany for theCarnegie.,.Wakeforest project be amended to increase the 24" storm s,ewer line to a 3611 line an.d extend the line to Pemberton at a total estimated project cost of $44,000. Voting Aye: All , Voting No; . None Mr. John Mitchell of Mitohell, Carlson & Associates, ,consulting engineers on the rehabilitation of Colonial Park presented the Commissi,on ~letter , dated October 8, 1976, outlining contract adjustments that nad been made to the basic contract sub~tantiated by applicable correspondence;regarding such adjustments. ' Mr. Mitchell reviewed the, basis for increasing the guaranteed, maximum fee on the building and tennis ~otirts as well as 'the sma11et separate contracts and the additional consulting fee from Syzygy. Inc. ' , - . .. .. "' Motion 'by ,Commissioner Thompson, seconded ,by,Commis$ioner Binig,that the proposal from Mitchell, Carlson, & Associates dated Oc~ober 8, 1976, be ilC-, cepted and the following invoices ,approved for payment: ' , Invoice Number Date Amount ,760622 ,8-11-76 3,309.34 n 760623 8-11-76 7,177 . 27 760812 9-23-76 6,584.63 ' Voting Aye: All Voting No: None ----.! !I' '1 ,..... -'; -r-:1 _1._ __..1. ___:._.,.L_....._..L~~:--l- .. 1 _ ~ 1. Lu:-:-L...............~ 1IIIlIL 11~ ,""I 1111: I :. . rJr:n :ID:]:mlllmrnUl..ln! ..,':: j '."If.![r 260 ,11lIDIIIIIlIIIIJ!l!!rr:m:l1.jI,.1 ]I~ I I ! -----':.:J::TI'" I' _ -'--.J, I ,--- ,. ---rr, "Cl Mr., Mitchell apvised the Commi~sion that fiD~lplans an~ specificati9ns were tohave.been. pres~nted with.ar.equest to advertise for bids, but would be.de- layed penMng receipt of inform~tion.,fromthe Texas Parks & Wildlife' Depart- ment regarding funds that may b,e availab1e.urider the city's grant application. The City Manager requested that members of the City Commission review the fina.1 plans, and specifications with the,,architect inasmuch as tbe ,buildjng was. quite. complex.andit was believed.that bids received for consfructiciri would be in excess of the amount estimated 'for the project. '> ,,The Cammi ss i on wa$.advj sed that an. agreement had been reached with Mr. l~i 11 i?m. ,Perlmutter as developer of.,a townhouse complex on Bella.ire Bouleva'rd whereby' the city would reimburse Mr. Perlmutter for constructi'on' of a 1011 sanitary', sewer line to service the project. A schedule showing calculations for' charges of $24.29 per square foot for.,all unimproved property, in event townhouses are constructed and $6.07 per square foot, for property CUTrentlyc\evel6ped by single fami ly residences shaul d owners desire to connect into th'e new' sanitary sewer line was reviewed. , ' Resqlution Number 76-18 was presentedt~,the Commission and r:ead ,i'n' full:. , , , WHEREAS, William M. Perlmutter Interest hereinafter referred to as IIPer1mutterll is constructing improvements on Lots 3 and 4, Block 4, HestUni- versity Place First Addition in the City of West University Place and in con- nection therewith has constructed a 1011 sanitary .sewer l.ine more particularly described in that certain agreement hereirJafter refer~ed'to; and. . . .' ." WHEREAS, Perlmutter desires to assign and th'e City' of ~Jest University Place desires to obtain title and sole ownership to said sanitary sewer line; and .WHEREAS, the city shall pay to Perlmutter the sum of $21,284.00 in acccfrdance with the hereinafter d,escribed agreement;' a~d WHEREAS, Perlmutter agrees to pay to the city the sum of $3,000.00 for damage caused to streets in the construction of the sewer line. , NOW ,THEREFORE ,BE it RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY .PLACE, TEXAS: . Section 1. That t,hey'Mayor be and he is hereby authorized to execute the agreement marked, Exhibit A attached.hereto and made a part hereof in,beha1f of the city. Section 2. That, the City Treasurer be, and he is hereby authorized to pay the Wil1iam.M. Perlmutter Interest the sum of $21,284.00 upon being advised by the City Manager that the. properly ex~cyted assignment of the title and ownership of the sewer line has been executed and delivered by William M. Perlmutter Interest to the city. Section 3. That William M.Per1mutter Interest shall pay to the City of West University Place the sum of $3,000.coincident with the payment to him of the sum of $21,284.00. PASSED AND APPROVED this da;y of , 1976. -".~-"",I '-1 J \;~~ ,.!-;::j ~.' " ,..:::.... ~''''~- .t U-' I, \ I I Il'~jl I, l : I I n CI'j C\f c.c ~ :r:: ::t: o lJ 261 Motion by Commissioner Binig, seconded by Commissioner Stanley, that Resolution No,. 76-18 be approved as read. ' Voting Aye': All' Voting No: None Motion by Commissioner Thompson, seconded by Commissioner Stanley; that the Agreement'between William M., Perlmutter Interest and the city be 'amended so ' thatSectibns 8 and S shall hereafter read as follows: 8. That the City and Perlmutter agree that per Exhibit A the vacant or unoccupied land"shall'bear ~'24.29 cents persq~ foot charge for'connectiorl' of biJi-ldings erected on s~id land to service with said sewerline~ " ' 9. That the City and Perlmutter agree that per Exhibit A the occupied land shall bear a 6.07 cents per sq. foot charge for connection of, new buildings'erected on'said land to service with said sewer line. and the Agreement approved as amended~ Voting ,Aye:", All Voting ,No: 'None A Traffic Engineering Plan prepared by Traffic Engineers, Ihc~ was presented to the Commission together with an invoice in the amount of $1,120.00,for engineering services through September, 1976. Motion by Commission'er Thompson, seconded byComri1issioner Binig, that an in- voice in the amount of $1 ,120.00 submitted by Traffic Engineers, Inc. for engineering services through September, 1976, be approved for payment. " . Voting Aye: All Voting No: None 'Members of the Commission agreed toP having a workshop meeting at the earliest available date with Mr. Hudson to review the Traffic Engineering Plan. An invoice in the amount 'of $1 ,347';00 submitted by Hall Sprinkler' Company for installatio,nof'a sprinkler system in Liberty Hill Park was presented for consideration. Motion by Commissioner Thompson, seconded by Commissioner Stahley, that an invoice from Hall Sprinkler Company in the amount of $1,347.00 for installa- tlon of a 'sprinkler system in Liberty Hill Park be approved for payment. Voting 'Aye: All' Voting No: None The Commission was advised that. Weir Park improvements Were complete wi,th exception ofa 'small-'portibnremaining tob'e sodded. However, the park' entrances, sidewalk, benches, drinking 'fountaiiisand fence construction has been completed. It wasthe'dec;sionof the City Commiss'ion"that members of the Parks and Re- , creatlon'Board be requested to organize residentia1contributions to pay one- half the cost of a climber to be put in the park, and that architect Jerry Parish be requested to prepare plans and specifications for the tennis court ,!.' I' J!!III .IUllllllillJIIIll1 ~[[l,][ I~ IUI. '111111 I, L ,LJT -~- !,. 11 I I ~' __~ U 262 improvements that have been planned for the park. Concern was expr'essei:i by members of the City Commission regarding planting of trees in Liberty Hill Park and proposed landscaping of the park. The City Manager was instructed'.to contact' members of the Parks & Recreation Board with regard to drawing up. plans for landscaping the'park and to in- clude a report as an agenda item for the next regular: meeting of the City Commission. Following a disc'ussion~regardingthe city's inabi1ity,to enter members of the Fire Department in a Paramedic program 'it was'd~tided that a meeting' should be arranged with Dr. A1 Randle to determine any further aCtion the city should take. Members of the Commission were requested to review a list of proposed projects and priorities compiled by' the City Manager and to submit a written schedule of projects they believe should be accomplished within the next ninety days prior to the next meeting of the City Commission. The City Manager was' requested to furnish members of the Commission any infor- mation he had obtained relating to the question of adoption of the Policemens' and Firemens" 'Civi 1 Service Act. ., . " ' , Ordinance Number 1071 was presented to the Commission and read in full: AN ORDINANCE AMENDING THE CODE OF-ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, BY THE ADDITION THERETO OF SECTION 5-56 PROVIDING FOR LICENSING OF CATS; MAKING CERTAIN PROVISIONS WITH REGARD TO THE SUBJECT; AND'PROVID- ING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE'~ CITY OF ,WEST UNIVERSITY PLACE, TEXAS: ' Section'l. That the Code of Ordinances of the City of WestUniver- sity'P1ace is hereby amended by adding Section 5-56, which said section shall read as follows: IISection 5.;.56.' License. ~\ I I l r ! I ----' .,' r-1 U '(a) Every person owning, keeping or having in his or' her possession a cat is hereby required to obtain from the city an annual license therefor, which must be obtained rin or before April 1st of each calendar year. The annual license for each cat that has been spayed or neutered shall be one ($1.00) dollar'. The annual license for each cat that ,has not been spayed:'or' neutered shall be three ($3;00) dollars.' Each license shall be valid for one year (twe 1 ve (12) months) from Apri" 1 s t of each year. (b) It shall be unlawful for any person to own, keep or have in his possession in the city on the premises owned or occupied byhiin, or at any other place, a cat for wh'ich a license Tor'the' current year' has not been obtained as \1:1", .]' provided in thissectibn. ~ ~ u 0":) c-J c.o ~ :e ::r:: o n (c) The provls10ns of this section requiring the licensing of cats shall not apply to the following. 1. Cats"under the age of six (6) months:; if kept 'within 'a', 'sufficient ~nclosure. 2. Cats owned by, or in custody or under the control of persons who are non-residents of the cHy, travel irig .through' the city; or temporarily sojourning therein for a period not exceeding thirty (30) dyas. 3. Cats brought ~tothe city exclusively for the purpose of -entering the same in any show or exhibition, and which are actually e~tered in and kept at such show ~r exhibition. . . (d) The office of the Tax Assessor/Collector shall be the place for persons owning, keeping or having in possession any cat required to'be licensed hereunder to pay the license fee provided by this section. (e) The Tax Assessor/Collector shall keep a permanent record of all 1 i censes issued under the 'terms " of ttii s section ,which record shall show the name and address of all persons being issued a license tag, the number of the tag issued, a description of the cat licensed, the date issued and theamourtt pa id therefor. ., (f) In the event of loss or destruction of a license tag, rep1ace- ment tags shall be available for the payment of one ($1.00) dollar fee, upon satisfactory proof that 'the cat in question was properly licensed.. (g) The following 'acts are prohibited and hereby declared unlawful and punishable in accordance with ttie provisions of Section 1-6 of this Code. 1. The counterfeiting of cat licenses or tags. 2. The removal of cat license tags from any cat. . ,. . 3. The wilful and malicious destruction of cat license tags. (h) It shall be unlawful for any person to own, keep or have in his or her possession or on his or her premises more than three (3) cats over the age of six (6) months.1I Section 2. This ordinance shall be in force and become effective immediately from and after its passage and approval as required by law! PASSED AND APPROVED this day of , 1976. Motion by Commissioner Thompson, seconded by Commissioner Binig, that Ordinance Number 1071 be approved as read. Voting Aye: All Voting No: None The Commission was advised that it would be necessary to pass an ordinance adopting the Texas Manual on Uniform Traffic Control Devices and that the City rI:'=r' _ :--:-=J. I I ~. I. ..'- i _ -l.lj[.:'~ '1 ]. r Jllli :1iIilmii ImlHllllIlBllIIl 1111. 96? kI ~ l]J1L : IJ :'1 II, jII[! IDlIIIIIIIIllIIImrn[:ll L nl .. [ 1111 --L....[iJJ ~ , ',. \.,.. ,jJ I "I I r::::~" 1,_, ' I ,C-I:l ' ,n64' .~ " Attorney waul d have the n'ec'essary ordfnance prepared for the next regular meet- ing of the City Commission. Administrative Aide :Byron Barnes advised the Commission, that he had met with Mr. Don E. Carl eton, Archi vi st, Houston Metropolitan' Re'search Center of the Houston Public Library to discuss their Historical Resource Depository Pro- gram. Mr'- Barnes explained that it wouTd 'be necessary -to ,transfer any records to be retained in the depositorY and that title 'to all archives and manuscripts placed in the depos i tory wi 11 'be' i ri the Texas State Li brary. Inasmuch as it was determined that all members of the Commission could not be present for a workshop meeting to be 'held on Thursday, ,October 14th, it was decided to have a "speCial meeting of the CitY' Commission on Monday, October 18, 1976, 'at which time contracts could be awarded for improvements at the waste- w~ter treatment plant and for utility construction at Co~onia1 Pa,rk. ~ Minutes of a speCial meeting of the Zoning 'Board of Adjustment on September 24, 1976, were presented tci the Commission for'their information.' Minutes of a meeting of the Building Code Study Committee on September 28, 1976, were presented' to the "Coimriission 'for 'their information. ' Minutes of the regular meeting of the City Commission on September 27, 1976, were presented for consideration and the following action taken: ' Motion by Commissioner Thompson, seconded by Commissioner Dunn, that minutes of the regular meeting of the City'Commissiori on September 27;1976, be apprO'ved'as submitted. Voting Aye: All , " Voting No: None With' n'o further bus i ness to come 'before the Commi ssi on at thi s time ,upon motion duly made, seconded and carried,'ttiemeeting adjourned'at 9:30 p.m. ~tdaJ~; , ':. ~1ayor ATTEST: ~" '. . '. ~ ~' ~~ " _,"";'~i "I~ :' -I ': I ~ .....) ....;;..-i., I; . .. ~ il u u u ~ ~ c.o t.:l' ::I:: ~, o n :1__. . _....~~'-">-,_ 265 SPECIAL'MEETING'OF CITY COMMISSION "October 18,1976' The City Commissiontonvened'in speCial 'session at the City Hall on Monday, October 18, 1976, 7:30 p.m., with the following members present: Mayor 'Wallin, presiding; Commissioners Binig, Dunn, Stanley and Thompson. The City Attorney' and City Manager were also present. The Invocation was pronounced by Mayor Wall in. Mr. Dieter Ufer, Bayshore Engineers, Inc., in his capacity as consulting engineer for interim'improvements deemed necessary at tne city's wastewater treatment facility in accordance with the provisions, of:anenfbrcement order issued b.Y'the Texas Water Qu'ality: Board, advised the Commission that he and the City Manager had carefully reviewed the three (3) bids received for such improvements andrecommended'that'the, low bid of $53,000 submitted by Nunn & Shumway' Construction Company be accepted, ' , Mr., Ufer stated that the proposal submitted by Nunn & Shumway required a 120 day comp 1 eti on ti me andtha t the work was to be compl eted by Apri 1 8, 1977 in order' to' comp~ly w;-ththe'requirements of the Texas' 1~aterQua1ity Hoard, but it was his"01Jinionlthat an'extension could be obtained if required because of athfrty.;..week delivery date on some of the 'equipment that would be necessary. - ~ - ~., . " . . ': -...~ --,' ,-, Ordi nance Number 1 073 was presented to the Commi ssion and read Ji1 full: rA~ ORDINANOE. SETTING FORTW CERTAIN CONDITIONS' CONCERNING INTERH1 IMPROVEMENTS TO' THE \~ASTEl~ATER TREATMENT' FACILITY; DETERMINING THE LOWEST BID OF THREE (3) BIDS RECEIVED ON OCTOBER 11, 1976; ACCEPTING A RECOMMENDATION FROM THE'CITY ,MANAGER 'AND DIETER UFER OF' BAYSHORE ENGINEERS, 'INC.; DETER- 'MINING THE AVAILABILITY OF FUNDS TO PAY'THE CONTRACT; AWARDING A CONTRACT TO NUNN & SHUMWAY CONSTRUCTION COMPANY ON THEIR LOW BID OF $53,000,00; AND PROVIDING AN EFFECTIVE DATE. ' WHEREAS, the City Commission has heretofore considered the advis- ability and necessity of interim improvements to the Wastewater Treatment Facility'; and ' 'WHEREAS, plans and specifications for such'improvements have 'been ' prepared by' Bayshore En9ineers, Inc.; and WHEREAS, on October 11, 1976, after due notice and publication of a request for bids on said project; three (3) bids were received, opened and re- ferred to the firm of Bayshore Engineers, Inc., and the City Manager for tabu- lation and recommendation; and WHEREAS, the City Treasurer has certi fi'ed that funds are, ava i1 ab 1 e to pay the cost of the contract amount 'submitted by Nunn' & Shumway Construction Company; and ' ~I -L ~~ r-t--:--1-;--...JL I.... -I -r----- .. r.,:!-:-rl..-.. l..............11, '1~~II.l .::!ull::I1l1111l1111l.l11 1:nJr:IL II ','1. :1.: -I ]!IIPl IllIBIIUlIIIIJ rn'[JI I nl IIII1 , ""C,.);IJ 'T ~.......:: '....1.--11' I I c:. !___LJ,:,:_rT , :.<:.Ikl;"" ' h '. ':I> iJOt) WHEREAS, a written recommendation has been submitted by the City Manager and Di eter Ufer, H Bayshore Ehgi neers, Inc~ th,at Nunn & Shumway Con- struction Company, the low bidder on 'suchproJ~ct" be awarded the contract thereon. NOW ,tHEREFORE, BE' IT ORDAINED BY THE CITY Cm1~lISSION OF THE CITY OF WEST UN IVERS ITY PLACE, TEXAS: :, " , )-, , I U Section 1. That the City Commission ofthe:'City:of West University Place, Texas determines the necessity for and orders interim improvements to the Wastewater Treatment Facility as specified in the Notice to Bidders pub~ lished o~ September 22? 1976. Section 2. That the City Commiss'ion hereby determines' that the lowest secure bfd received for making, such i'nterimimprovements is the proposal submitted by N~nn:& Sh~mw~y ConstructionCo~pany for the total sum of $53,OOO.0~. Section 3. That th~ contract 'for interim improvements to the Waste- water Treatment Faci 1 ity is hereby award'ed to Nunn & 'Shumway Constructi on Com- pany on their low bid of $53,000.00. .1 .""~ , .~ . .- \i~, " , Section 4. That ,subject to fili'ng'of the proper performance bond and executi on of the contract' documents by Nuim &' Sh.umway~ Constructi on Company, the' Mayor of the City of West University' Plate is hereby ,authorized and , di:rected to execute a contract for and on behalf of andih" the name of' the City of West University Place, Texas, with Nunn& Shumway Construction Company for such interim improvements.' . ' Section 5. This'ordinance sha'lltake effect and be in force im- mediately from'and. after its passage and approval as ~e9rfired bylaw. Motion byCommi ssioner Stanley, seconded bY Commi,ssiorier Thompson, that the Certification by City Treasurer Robbie'Barnett dated October 18, 1976, be spread upon the minutes of' the meeting of the City Commission, and Ordinance Number 1073 approved ~s read. n u Voting Aye: All Voting No: None 'TREASURER'S CERTIFICATE, I, Robbie Barnett, City Treasurer, do hereby certify that there is in' the Sanitary Sewer Capital Improvement Fund the sum of $44,000 and in the City of West University Place Water-Sewer ~uhd the sum of $14,000 which has not been appropriated for any other purpose and ;-s available to pay the con- tract price for rehabilitation of the Sanitary Sewer Disposal Plant to make payment on the contract proposal of'Nunn and Shumway Construction Company for this project and to payBayshoreEngineers~ Inc. forcohsu'lting fees in con- nectionwith said project. ' . " ' Mr. John Mitchell, r1itche11 Carlson Associates, architect for the rehabili- tation of Colonial Park,' advfsed the Commission "that Dickey Electric Company ('J had submitted a low bid of '$35,500'~00 for certain utility construction work at Colonial Park and had revised the bid price $2,650.00 by using existing poles and re-routing ofpvcconduit, and will furnish the City Commission a letter certifying the contract reduction. n ~ C\J co t!:5 - ......, ::r:: n '---" Ii 267 Ordinance Number 1072:was presented to the Commission and read" in full. AN ORDINANCE SBTING' FORTH CERTAIN, CONDITIONS CONCERNING 'THE ALTERATIONS AND IMPROVEMENTS IN COLONIAL PARK; DETER~ MINING THE LOWEST BID OF FIVE (5) BIDS RECEIVED ON OCTO- BER 11~ 1976; ACCEPTING A RECOMMENDATION FROM THE CITY 'MANAGER AND JOHN MITCHELL OF MITCHELL 'CARLSON ASSOCIATES; DETERMINING THE 'AVAILABILITY OF FUNDS TO PAY THE CONTRACT; AWARDING A CONTRACT TO DICKEY ELECTRIC COMPANY ON AN AMOUNT NOT TO EXCEED $35 ~500. 00; !AND PROVIDING AN EFFECTIVE DATE. WHEREAS,' the "City' Commi ss i on has heretofore cons i dered the advi $- ability and necessity of the construction and alterations of improvements in Colonial Park; and WHEREAS" plans and specifications for such improvements have been prepared by Mitchell Carlson Associates; and . WHEREAS, on October 11, 1976, after due notice and publication of a request for bids on said project, five (5) bids were received, opened and re- ferred to the firm of Mitchell Carlson Associates and the City ~1anager for tab- u1ation and recommendation; and ' " WHEREAS, the City Treasurer has certified that'funds are available to pay the cost of the'tontract"amotint submitted by Dickey Electric Company, such funds being available from the following sources: Colonial Park Reserve Fund Unappropriated surplus account of the General 'Fund . $10,000.00 25,500.00 WHEREAS, a written recommendation has been submitted by the City Manager and John Mitchell, Mitchell Carlson Associates, that Dickey Electric' Company, the low bidder on such project, be awarded the contract thereon. . , , NOW,'THEREFORE, BE IT~ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: .,~ - Section 1. The City Commission of the City of West University Place. Texas determines the necessity for and orders the additions and alterations to utilities in Colonial Park as specified in the Notice to Bidders published on September 22,1976. ' Section 2. ,That.,the City Commission herebY determines that the lowest secure bid received for making such additions and alterations is the proposal submitted bY Dickey Electric Company for the total Sum of $35~500.00. Section 3. "That the'contract for the additions and: alterations to the utilities inCo1btiial Park is hereby aWarded to Dickey E.1ectric Company on their 10w'bid of $35,500.00, ahd'that the Cost of the additions and altera- tions in an amoiHit-n'bt to 'exCeed $35,500.00' be paid from the Colonial Park Reserve Fund' and the unapIYropri ated surplu's account of the General Fund. I "I, , ., I I "r-- , liT I III 11111' I II 1 ili'I1i'rlmmIIDIIiII mill ., I" ' ,'--'- i} IIJ~[I :268 IllilBllillmilUlll1 . I Illl .! Uti; _ ! ,__I ~ F I I 1 Ll ; I Section 4. That subject to filing of the proper performance bond and execution of the contract'documents by Dickey'E1ectric Company:, the Mayor of the City of VJest University Place is hereby authorized and directed to-i execute a contract for and on behalf ofandihthenaiTie of the City of West : ) University Place, Texas, with DickeyE1ectr'itC6mpany?for :such additions and lU' alterations.....'" Section 5. ThisordinanceshaTl take effect and be in force immedia- tely from and after its passage ,and' approval as required byl~w. PASSED AND APPROVED tlii 5 ' day of , 1976. Motion by Commissioner Thompson; seconded;by'Commissioner"Binig, that Ordinance Number 1072 be approved as read. (~-;.' ".; Voting Aye: All Voting No: None ~ ':, '" .... '~_'.v . III Mr. John Mitchell, Mitchell Carlson Associates, presented fiha1 plans and specifications for architectural improvements at Colonial Park, and suggested that a rique~tbe a~vertised for ~idsons~ch-p~oject~a~ soon as possible. Motion by Commissioner Binig, seconded by Commissioner"Dunn, that plans and' speci ficati ons prepared by Mitchell Carl son Associ ates"for constructi on of a recreation building at Colonial Park be approved and accepted by the City Commission, and the City Manager authorized'to advertise for bids for such construction'withbids'to be received by'the City Commission on November 22, 1976. l~_.< . _ \..-.;.., ~_~.:r.. . Voting Aye: All Voting No: None I~ ! ) I I I LJ ::J The Commission was presented an invoice in the amountLof'$3,741.86 submitted by Bayshore Engineers, Inc. for engineering services rendered in the prepara- tion of plans and specifications for interim improvements to the wastewater treatment p1 anL ' .., . , Motion by Commissioner Thompson, seconded by Commissioner Dunn, that Bayshore Engineers, Inc. i~voice in' the amount of $3,741:86 for engineering services rendered in the preparation of plans and specifications:for interim improve- ments to, the wastewater treatment plant,be,approve? for payment. Voting Aye': All : ' Voting No: 'None In accordance with previous action of the City Commission authorizing an extension to the storm sewer contracts with H. T. Holland Construction Com- pany, Ordinance, Number 1074 was presen~ed a~d' read in full. AN ORDINANCE DETERMINING THE-ADVISABILITY'OF AMENDING STORM SEWER IMPROVEMENT CONTRACTS DATED OCTOBER 1,1976 BY AND BETWEEN THE crTY" OF ~4EST UNIVERSITY PLACE ANDH. T. HOLLAND CONSTRUCTION COMPANY; EXTENDING'THE IMPROVEMENTS UNDER THE AMHERST~BELMONTPROJECT TO QUENBY STREET. AND EXTENDING THE IMPROVEMENTS UN'DER'THE CARNEG-IE-WAKEFORESTPROJECT TO PEM- BERTON STREET; :PROVIDING FOR AN AMENDED 'AGREEMENT BETWEEN THE CITY AND H. T. HOLLAND CONSTRUCTION COMPANY; ACKNOWLEDG- ING RECEIPT OF A CERTIFICATE OF THE AVAILABILITY OF FUNDS; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT BETWEEN THE PARTIES; ATTACHING A COpy OF SAID AGREEMENT AS EXHIBIT uN' AND PROVIDING AN EFFECTIVE DATE. I I J n '------' Ctj iN co ~ ~ 0:: o [l 2G9 WHEREAS, by Ordinance #1070, the City.Commission of West University Place, Texas contracted with H. T. Holland Construction Company for certatn storm sewer improvements; and WHEREAS, the"City'Commisshm has, determined that it 'would be in the best interes't of theCfty for certain additional improvements to be made in c<?njuncti on 'wi th the' pro'posed improvements; arid WHEREAS, it has been determined that the additional improvements can be made by an extension of the existing contract ill accordance with State Statutes, City Charter and City Ordinances; and ~JHEREAS, H. 1. Holland Gonstruction Company is 'in accord, with the city's desire to extend such'improvements. ' NOW, THEREFORE~ BE IT ORDAINED BY 'THE CITY COMMISSION OF THE CITY 'OF WEST UNIVERSITY PLACE, TEXAS: . Section 1. ' That the contraCt heretofore entered'into by and between the City of West University Place. Texas and H. T:H61land Construction Company dated October 1,1976 and designated storm sewer improvements Amherst-Belmont project~ is hereby amended so that the improvements to be~constructed ,there- under'snal1 be at the following 10cat;ion: ' Along Amherst Street east from Buf- falo,Speedwciy to Belmont;' then north on Belmont Street to Quenby. 'Section 2. That the contract heretofore entered into by and between the City of West University Place, Texas and H. T~ Holland Construction Company dated October 1 ~1976 'and designated storm sewer improvements Carnegie- ' Wakeforest project, is hereby amended'so that the improvements to be con-' structed thereunder shall be at the following location: Along Carnegie Street east from Buffalo Speedwayto\~akeforest Street, then north on l~akeforest' Street 'to' Pemberton . . " ' Section 3. That the additional amount to be paid to H. T. Holland Construction Company for extension of the two projects' contracts shall be the estimated',amqunt of $99,000.00, which amount is the result of extending the unit pri ce for. 1 abor,' ma teri a ls and all other items as spec i fi ed in the contract dated October '1,- 1976. Section 4. The City Commission acknowledges receipt of the Certifi- cate of Availability of Funds. executed by the City Treasurer: certifying that the necessary funds are available from the proceeds of the bond sale and ac- crued interest thereon, to cover the amount of the additional cost of $99,000.00. Section 5. That subject to the fi1ingof" amendedperformance'bonds, execution of the Agreement marked Exhibit IIA" and attached hereto, by H. T. Holland Construction Company, the Mayor of the City.of West University Place is hereby authorized and directed to execute saiq,contract for and on behalf of and in the name of the City of West University Place. Texas, with said H. 1. Holland Construction Company for the construction of the aforesaid additional storm sewer improvements to the projects named above. I::l ,J;-- ---1 ..'III.'_l_...LU.l~I. , '11111, I ;"11Jlii:m;1I1ilrnl1llll_11iI1 Imc-illi.1 J II 111[1 210 IOOIIOOII~t~I[1111 I I ,m' I: I i UJ,li JJil Iii, L ' il!_U , Section' 6. This ordinance shall take effect';and:;be in ,force immediately from and afte'r its pass'age and approval as' required by 'law. City Attorney Charles Cockrell advised the Commission that he had not had an opportunity to 'review an Inter-local Agreement with 'Harris County to share in a Community Development Block Grant program for ae\(EHopment of Phase I of the Independence Park project, but that such Agreement would be reviewed and a report included on the agenda for the regular meeting of the City Commission on October 25,1976. :" ,;" . "r' The Commission was advised that an ordinance had not been prepared authoriz- ing the installation of all traffic control devices in conformance with the Texas'Manua1 on Uriiform Traffic Control Devices, and that such Ordinance would be included on the City Commission agenda for"itsOctober25th meeting. A recommendation from the Building Code Study"'Committee'for changes in the Building Permit Fee Schedule was presented to the Commission for consideration. Following a review of the recommended changes the City Manager was instructed to meet with Building Code StudyComniittee prior to rriaking:fina1'recommenda- " tions to the City Comm;'ssion. . The Commission set a workshop meeting for Thursday, October 21,1976,7:00 p.m. at which time itwi11intervi ewMr. Richard Rotkenbaugh' for the position of Director of Parks' and Recreation; consider the provisions of Article 1269m, Policemen's and Firemen's Civil Service Act; recommendation of the Zoning and Planning Commissionconcernihg10cationand construction of driveways; consider the provisions of ordinances governing location and construction of fences; revisions of the Municipal Court fineschedu1e;'and"the purchase of additional property adjacent to the'swimming pool.,; With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 9:00 p.m. .. r;;j,~~ V~ Mayor . . . P' ATTEST: ~~~~ Assistant City 'Secretary , - "'~~'"" "'''"'' u ~ , I ) i U j~:""': L/ , h...._.;. n u 1-1 ! I U (- \ ~ C\l co ~ - ......., ::::r;::, rl '---' [-1 U 2il . RgGULAR MEETING OF CITY COMMISSION October 25; 1~76 ' The City Commission convened;in regular session at the 'Ci1;:y,H~ll on Monday, October 25, 1976, 7:30~p.m., with-the following members present: Mayor Pro Tem Mary Ann B;,nig~ presiding: Commissioners Dun.n and Thompson. The City Attorney and City Manager were also present. MayorcWa11in was out of the city on personal business. The Invocation was pronounced by Commissioner Dunn. The Commfssion was advised that prior to installation of new traffic control devices ,it would be necessary to assure that all devices were installed in accordance wi'th :,the provi s i onsof the Texas Manual on Un i form Tra ffi c Control. Ord i nance Number 1075 was prese\1ted to the Commi ss i on and read in fu 11 . AN ORDINANCE AMENDINGSECTIONS23~22 AND 23-80 OF THE CODE OF ORDINANCES OF THE CITY OF \~EST UNIVERSITY PLACE, TEXAS; , PROVIDING FOR THE OPERATION-OF EMERGENCY VEHICLES UNDER C~RTAIN CONDITIONS; 'PROVIDING FOR CONFORMITY OF TRAFFIC CONTROL DEVICES l~ITH THE TEXAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS, VOLUMES I AND II; PROVIDING A PENALTY; 'AND PROVIDING"AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. 'That'Section 23-22 of the"Code of Ordinances of the City of West University Place is hereby amended and said section shall read as follows: I.'Section 23-22.' Application of chapter to authorized emergency vehicles. (a) The driver of an authorized emergency vehicle, as the term lIauthorized emergency vehit1ell is defined by State law, when responding' to an emergency'ca11 or when in the pursuit of an actual or suspettedvio1ator of the law, or when responding to but not' tJpon returning" from a fire ,alarm; may exercise 'the privileges set fOrth in this section, but subject to the conditions herein stated. (b) The drivet of" an authorized emergency vehicle may: (1) Park or stand, irrespective of the provisions of this or any ordinance; (2') Proceed past a red or stop sign?:lor stop sign, but only after slowing down as may be necessary for safe operation; (3) Exceed the prima facie speed limits so long as he does not endanger 1 i fe or property; D 11 ,j I 'Ir l,'." ,L,~..L.Li[l.Ll 11111. ] I' I1JLII i ffiiiliii I IID1IllDlml lilllilL be. t" ,---lJll IIIlliI '" 7: '.:l .a.J IiI IllilUIOOlJlltnrlllL ,I I 1111: UlI: :J:!:I II l, il: LJ - (4) Disregard re~iulations governing 'direction of movement or turning i.n specified directions. The exemptions herein granted to an authorized emergency vehicle , shal; app1y'on1y'when such ,vehicle is'making'use of audible and visual "signa1smeeting:therequirements of Section 124 V .C.S. 670ld(Uniform Act Regulating Traffic on Highways), except that an authorized emeY'gency vehicle operated 'as a police vehicle need not be equipped with or displaytwo'(2) fed lights visible from the front of the vehicle. (d) The foregoing provisions shall not relieve the driver of an "authorized . emergency vehicle from the duty to drive with due re- gard for'the safety of all persons, .nor shall-such provisions protect the. driver from the consequences of his reckless disre- gard for t~e safety of others. , , . , I (e) Provisions of this Ordinance applicable to drivers upon the high- ways shall apply to the drivers of all vehicles owned or opera- ted by the United States, tlieState of Texas ,,:or any county, ci ty town~ district, or any other political subdivision 'of the State, subjecf'to such specific 'exceptions as"are,set'forth in this Ord i nance :wi th 'reference' to author; zed emergency. vehi c 1 e. II '; .... ... . , . , ~.. J . .. (c) ; Section 2. ThafSection' 23~8(j'oftheCodeof Ordinances of the City of West University Place is hereby amended and said section shall read as follows: ' , , ,',.. ,. , IISection 23-80. Conformity with manual and specifications of state ,highway department; 'uniformity~ ' All traffic control devices including signs, signals and markings (pavement and/or curb) installed, or used for the purpose of direct- ing and controlling traffic within' the City of lAlest University Place shall conform with the Texas Manual' on Uniform Traffic Control De- vices for Streets and Highways, Volumes I and II (hereafter called the Manual). All signs, signals and m'arkings erected'or used by the City of West University Place shall be uniform and be located so far as bracttcab1e according to the direttions shown in the Manual throughout the ci ty. All exi sting traffi c control devi ces and,those erected in the' future by the city consistent with the' Manual, State' law and this Ordfnance shall:be,official traffic, control devices. II " , Section'3. Any person convlcted of violating any of the provisions of this Ordinance shall be punished in accordance with the general penalty provision of the' Code of ()rdinances. .' . . Section 4. This ordinance shall take effect and be in force im- m~diately from and after its passage and appr~va1 as required by law. PASSED AND APPRPVED this . day of " , 1976. '. Motion by Commissioner Thompson, seconded by Commissioner Dunn, that Ordinance Number 1075 be approved as read. I : " >t." I . I ~., 1 '-l 1 I I J I , c...-J : p... ;"'\,' -.j" ". -~ "-....," ..-- .:~ o ;-1 I . I ! LJ r~ L ~ C\J cc ~ - -' tt:: 1'\ i I '----' [-1 u IL 273 Voting Aye: All ' Voting No: None Mr. 'Bob L~ng; 2624 Nottingham, and Mr. Ji~ Dodd~ 2620 Nottingham, appeared before the Commission to register complaints about'cars parking on the street in the 2600 and 2700 bl~).~ks of Nottingham Street. Both Mr." Lang and Mr. Dodd expressed concern for the"a'ppearance of the n'ei ghborli6cid with Cars parked on streets, in front yards, across sidewalks, etc., and requested that considera- tion be given to the i'nstallation of UNo ParkingU signs for the hours 5:30 p.m. until 8:00 a.m., to encourage residents to use driveways and garages. In response to a complaint by Mr. Lang and Mr. Dodd regarding the illegal occupancy of a resi dence, Mr . Cockrell revi ewed ,the provi s ions of the Zoni ng Ordinance'regarding the definition :'ofa si ngle fami 1y and 'advi sed that a determination oemade as to the facts regarding the'vio1ation. . , Commissioner Stanley arrived at the meeting at this time. . , , Mr. Lang also expres~ed a co~p1aint'regafding the failure of the Sanitation Department to pick up pieces of lumber placed in his garbage can following his woodworking' activities. !twas explained to Mr. Lang that the City's policy precludes picking up building materials of' all types and it was sug- gested that he' work w'ithhis neighbors indisposing of such material in the trash,container placed ,at the Watef Plant for such p~rpose. 'The Commission was advised that an Inter-Local Agreement between: the City and Harri s County had been received and executi on wou1 d be necessary pri or to the recei pf of" Community Development funds for the development of Phase I of the Independence. Park Project in accordance with previous ac.tion of the Commission in making application to join with Harris County in requesting Community Deve 1 opment funds. H, . Resolution Number 76-19 was presented to the Commission and read in full: WHEREAS, heretofore the City of West University Place has requested the Commissioners~ Court of Harris County, Texas to make available to the city funds out of a grant from the U; S; Departmeilt of Housing and Urban Development; and . WHEREAS, the city has been notified that the County is now ready to enter a formal agreement whereby funds in the maximum amount'.6f:$90';555~;OO:::can be made, ava'i 1 ab 1 e to' the' city; and ~JHEREAS', the city desires to obtain such funds' for the development ~f PhaseI;of the Independence'Park'project,inclUding hike and bike trails, 1 andscapi ng and 1i ghti rig;' , , NO~l, THEREFORE, BE IT RESOLVED' BY' THE CITY COMMISSION OF THE CITY OF ~JESl UNIVERSITY PLACE, TEXAS:' , ., , Secti on 1 . That the city deems i tadvai1tageousand ~dvi sab 1 e to enter into an agreement with Harris County, Texas to obtain funds ,for the de- velopment of Phase I of Independence pa:k in the city. Section 2. That the Mayor be, and'he is hereby, authorized to enter into an Inter-local Agreement between Harris County and the City of West Univer- sity Place, Texas, which said Agreement is hereby referred to and made a part r-, 11 .I 'I II 'r I' I -[ IT. : I JII' I ' '11"11 1 ill I l1i1TDiIllIBlliI1 lillil! "l~I'~~ .I,JIJIIlliI K1o. ~'" 4 -v if ' iW . , IllilllOOJlIJll!WllLlI mJ, "ii~l, II: I J I hereof for all purprise~ as though fully set ~ut herein. , Section~'3.ThisResolutirin shalltake',effectand be in force im- mediately from and after its passage and' approva1as required by law. PASSED'AND APPROVEDCthis' day of ," , 1976;' . .. '-\,' Motion by Commissioner Thompson,' seconded by Comrrii'ssiorier'Stanley, that Resolu- tion Number 76019 be'approved as read.' " Discussion on the"motion ii"ldicated an interest by members of::the Commission in'the abilityt()use a,portion of "the '$90,555.00 Community Development Funds on projectsotlier than Independence"Park:inasmuch,as the total grant is in excess of the amount projected for,receiptattheotime a'commitment.was made for use of the funds for the development of Phase I of the Independence Park project. The City Manager 'was requested to contact.the Community Development Agency to determine means by which a portion of the funds could be diverted to other p~rk 'uses and 'the possibility of ameriding the Inter-Local Agreement. 'Voting Aye: 'None ' , 'Voting No:~ All The Commission was adv'ised that survey had been,made,of'MunicipaLCourt fine schedules used by rieighboringmunlcipa1ities and a Resolution had been prepared to increase the West University Municipal Court fine schedule to make it more in actord with surrounding municipalities. ~ " , , ~eso1 uti on Number 76..20 wa~ presented to the CommiSsion and read in full: . A'RESOLUTION REGOMMENDING"A MINIMUr,1 FINE'IN AN ,AMOUNT THOUGHT TO BE JUST AND REASONABLE FOR TRAFFIC VIOLATION, IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS, IN ORDER THAT PERSONS DESIRING TO PLEAD GUILTY T0"THE, VIOLATION CHARGED MAY KNOW THE AMOUNT OF THE FINE THAT WILL BE ASSESSED i~ITHOUr APPEARIN'GBEFORE" THE r1UNICIPAL COURT OF SAID"CITY; COLLECTING AND RH1ITTING THE AMOUNT OF $2~50 IN ACCORDANCE WITWSTATE STATUTUES; AND PROVIDING , AN EFFECTIVE DATE. , WHEREAS, an irivestigatibn'has been made 'as to the fines now being assessed by the City of West University Place a-ndvarious other municipalities located in Harris County, Texas, for violationorthe traffic laws; and WHEREAS, it is deemed advisahle by'the City Commission to bring the schedule of fines in the: City of West UniversityP'lace more closely in accord with the fines being assessed by neighboring municipalities; and WHEREAS, the City Commission wishes to recommend and establish a mi!1imum fine for various traffic violations in an amount thought to be Just and reasonable for the convenience of those persons desiring to plead guilty to the violation'charged without personallY appearing 'before the Municipal Court of the West University"PTace. ' . . . . . , , , , NOW, THEREFORE"BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UN'IVERSITYPLACE, TEXAS: ' , . ': 't' t~ I U !~. {..~\. tf ;'1.' ...,..... ^'" >:, ~'..'':l l:;.-r'", ~ [I I I U U1j \ I \ fl O"j C\I t".O r:;l - ....... :::c:: n '-.-: 11 ''>'''''''''"=---.- . , 2'15 Section 1. That fromcand after the effective date hereof, the Clerk of the Munfcipal Court of Hest University P1ace~ Texas is authorized to accept as full payment the amounts shown below for each of the li sted offenses where the person desires to pleaq guilty as charged and the offe~se charged is the first offense. "" , _ .~~C~}.~~ .,..' r-". . :', ~. ,- -:. ',' ~ .' ~..;.. ~ SCHEDULE OF MINIMUM FINES - FIRST OFFENSE Speeding ~ School zone - first 10 miles over 1imit..........~......:.....$ 32.50 Speeding - for first 10,milesover.legal speed limit...,................. 25.00 .. ,($3 per milei~ exces~.of 10 miie~'0~e~lega1 limit) Running red light cir f1~shing red li~ht.....i~..~.;..............~....... 25.00 Runni ng II S~Opll sign...~'......~ ", ~ . . ~'.. ..'" ~ ~ ... t' " " .. " . " . .. e"! " " .. " " l! .~ ! .- . " " .. .' .. .. " .. . ~ ".. . 25.00 111 e.ga 1 turns...:."......" .....~. " " " ~ fI '" '.' .. p " ~ " .. . . " it I' " II ". " " .. " " " " .. ~ " ~. ..... ~ .. " " . " ..'" " . " " " " " 12" 50 Driving on wrong side of street.,............. ~.............:...... ~..... 17.50 DriviDgwrong way on One-Way street........,...,.;....................... 7.50 Fail u r e to Y i.e 1 Q R; g h t;.. 0 f - W ay . . . , . . ..? . . . . .~ . .. . . . .. . . . . . . . . . ~ . .. .. . . . .. : 27 . 50 Cutting FU(ler~ 1 Pro~ess i on. ! . . . . . . ; . . . . . . ! . ," . , .. . . . . . . ..... ~ . .. . . . . . . . . . 12.50 R~~ning o~~~ fire .h6se~..~.~,.......~..t.~.......t.......................... 27.50 Illegal parking other than Fire Zone..................................... 7.50 Blocking fire plug 9r parking in Fire Zone.....,.................:....... 17.50 B 1 ocki ng pedes tri an '1 ane. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .'. . . . .: . .. . . 7.50 Defect; ve brakes",.""""""."""""""..".."""....""..".."""..""""....""......""....""..".""... 27.50 Defecti ve 1 i ghts ! " " " '; . " .. , ." " ,,', .. " " .. :' .. ~ ..'! ' tl , : . . . . .. -, .. tl . ~ ". . , , , ~ . . ,. ." ~ . . . . .. . . . . . 7.50 No muffJer~ defective or illeg.a1muff1er..... I.'..... ~........ ~...... ,..... 22.50 No' operator's .license............ . . . ," .~ I . . . . . , . . ... . . .. . ; .. '.' ~. . . . . ~ . . . . 52.50 No State i nspecti on sti cker; . . . .. . .: . . . ; . ~ . .. . . . . . ," ~ .~ . . . . . .' . . . . . . ... .. . . 12.50 No vehicle license, or illegal 1icense...~...~..........;................ 12.50- Pede$trian ,crossing between interse~tionsbr walking against red light... 7.50 O'pe'rating' trucR where prohi bi t,ed.. .. . . . " . .. . . .-: '! . . ~ . . .; . . . .. . . .. . .. . '. ~ . . . 7.50 Failure to-appear for tri!il....!..~...':.....;...;.................;....... 27.50 Parking on' wrong side of'street............;...................~.:...,...... 17.50 Negligent collisi-on. ..,.. ~.~ ."~'. ~ ~ ..1t... ~ 1!: if: ~ ~ '.4 .'.. tl. .'. ""~~. ~.. :..>. ."...... ~.... ~ 35.00 Dog at large or no licens~... .:...:....:.. ~..... ...;........;..~.........10.00 Section 2. Tl1eamciunt of $2.50 has been fncluderl in the amount of the above noted fi nes where r~qui red /JyState Stiitutes that, such fine be 1 evied and remitted to the Comptroller of Public Accounts. ' Section 3~ That when a person charged with a traffic violation appears before the Municipal Court of West University Place either to enter a plea of gui 1 ty or not gui 1 ty, if the Court finds such person to be gui lty, a fine shall be assessed as, the CourFs~all determine and in accordance with the app.1 i caple statute and/or 'ordinance. ' Section 4. This Resolution shall take effect and be in force im- mediately from and after its pas.sage,al1d. approval as_required by, law. , 'PASSED A'ND' APPROVED' this ' day of . ~, ' , 1976. Motion by Commissioner Stanley, seconded by Commissioner Dunn, ,that Resolution Number 76-:20 ,be, approved as r,ead. Votjn~ Aye: All Voting'~o: 'Non~ I:=:-t::--::;::rr:-- . . _-----1- I I .---;- -., _ --'-LU.....::r:-1......- I II-II ,,1 rm~ll~mT..uTlln__r.r1 ~, II" mnl. 'I~: ,. I I ! I I I I 276 The Commission.was .advised.that all St. Augustine gra~s had been. sodded in t~ier Park and that because of therain a portion of the gra~sed area"would be roped ",i-l off to keep'.people'from walking on it. Ui Motion by Commissioner Thompson, seconded by Commissioner Dunn, that R. M. Hardison Company be paid the sum of $1,596.00 for St. Augustine grass placed in Wier Park. Voting Aye: All, Voting No: None The City Manager advisedthe.,Commi ssion that an invoi Ge .,had been' received from Hous,..Tex Fence & H9me Improvement Company for the'ins~allatiQn'offenceat Wier Park, but that such Company had,not made some cha~ges tnat had been re- cjuestedand that it Wi;lS his,recommendation that the sum of $~OO.OO be withheld 'pending completion of the, project. 1J l"'" ,,' "';~;. I Motion by Commissioner Stanley, seconded bYComl11ission~r Tho'!Jpson, that Hous-Tex Fence & Home Improvement Company be paid tJ:te sl;lm of $1,397 .86f.or fence construc- tion,at Wier Park, with tberemaining $500.00 being retained pending satisfactory completion of the project. ';', . '~.1<...j" ,-.... '.__..J Voting Aye: All Voting'No~ None During a general discussion regarding failure of members of the Sanitation Department to pick up recyclable materia'l inmany'in-stances, members of the Commission were advised that a concentrated effort would be made toimp,rove not only the pick~up servic~ but to enlist support and help'of re~idents to improve the entire. recycling program. " A new fire truck ordered in June, 1975, is expected to be ready for delivery about the 15th of. December with the Fire Chief and a"member of his department . driving the truck from the factory to West ~niversity Place. Arequestwas presented to the Commission for permission to advertise for' bids for the sale of the 1947 American LaFrance being replaced by the new-truck. Motion by Commiss:ioner Thompson"seconded by Commissioner Stanley, that the City Manager"be authori zed to advertise for bids, for the sale of one 1947 American LaFrance fire truck, with bids being -received by the City Commission on December 13, 1976. . II , I ! ( U Voting Aye: All - Yoting No: None The Commission selected the'date 'of'November 10th as,an appropriate time to honor members of the BiCentennial Committee and -others who worked on prepara- tions for the BiCentennial Celebrations as well as former members of various city boards and'committees. The Commission was advised that a divi,dend'in the amount of $2,497.00 had been received on the city's comprehensive g'eneral:automobi1e liability in- surancepolicy and that such check would be deposited in the city's insurance Reserve Fund. ,. ; ----, A progress report on storm sewer construction included a review of clean-up r I procedures required of' the contractor by means of stopping construction; th~ U': number of curbs that had and would continue to be damaged as a result of the II C"j C'J c.o 't!:5 :::!:: ::r:: o n L..---! r .~~.- 21[ heavy equipment being. used; and the general good work being performed by,the contractor on the project. Recommendations of the Building Code Study Committee for changes in the fee SGDechil e of the Buil din~Inspecti on Department was del ayedpelJdi ng a con- ference with the Chairman of such Committee. A draft of an ordinance regarding fence construction, prepared by the City Attorney, was reviewed by the' Commission. Motion by Commissioner Stanley, seconded by Commissioner Thompson, that the City Attorney be instructed to prepare an ordinance excluding fences to exceed six (61) feet in height except in stances of zoning use changes. Voting Aye: Thompson Dunn Voting No: Binig Stanley It was then decided by the City Commission that regulations governing the con- struction of fences should be included on a future workshop session. Administrative Aide Byron Barnes reported to the Commission that he had met with two lighting representatives regarding lighting of the parking area adjacent -- to the Ci ty Ha 11, and had received proposal s for posta 1 type 1 i ghts and a system of tree. illumination. Motion by Commissioner Dunn, seconded by Commissioner Thompson, that the City Manager be authorized to adVertise for bids on postal type lighting for the parking area adjacent to the City Hall, with an alternate proposal for tree illumination, such bids.to be received by the City Commission on November 22, . 1976. Voting Aye: All Voting No: None A draft of an ordinance prepared by the City Attorney for the construction of driveway was reviewed by the City Commission. Following instructions for minorthanges in the order of the specifications by the City Attorney, the draft will be referred to two'(2) architects for review and recommendations. Minutes of the regu1ar,meeting of the Zoning & Planning Commission on October 12, 1976, were presented to the Commission for their information. Minutes of the regular meeting of the Plumbing Board on Qctober 14, 1976, were presented to the Commission for their information. Minutes of a>Tegu1ar meeting of the City Commission on October 11, 1976, and a special meeting on October 18, 1976, were presented for consideration and the following action taken: Motion by Commissioner Thompson, seconded by Commissioner Dunn, that minutes of a regular meeting of the City Commission on October 11th and a special meeting on Ottober18th be approved as submitted. Voting Aye: All Voting No: None LII,jailll i)~8 A.J 4 ' I. Illi11illlJ1UIII~1111 ,i I . . '1mi! ".,1 LLJli il~, iLU With,no furthe~ business ,to, come before the Commission atthis time, upon motion duly made, seconded and carried, the meetingaqjQurned. , , ATTEST: ~ r?~fM.,d _ ~ssistant,C,ity Secretary ':- . . . . . ~~J5~p,' . . . '. ' , ayor ro-. m , , I' , I f J L.J r I~- ~.../ ~/ '--~:~ ) c' .........' >,.,..<.,. .....:....n.. o II U [ ~ N co ~ ::r:: ::r:: o n 2~.9 " . REGULAR MEETING ,OF ',CITY, COMMISSION November 8, 1976 The City Commission convened in regular session at the City Hall on ~10nday,' November 8,'1976, 7:30p.m., with the following members present. Mayor Wallin, presiding; 'Commissioners Dunnand'Thompson. The City Attorney and City Manager were also present. Commissioners Binig and Stanley were absent. The Invocation was pronounced by Mayor Wallin. Construction Estimate ,No. I, in the amount of $372,703in5~ due H. 'T. 'Holland ConstructionCompany,Jor work completed on the storm sewer project andcerti- fi,ed by Mr. Dieter Ufer of Bayshore Engineers,'Inc; was presented to the Com- mission for consideration, noting that the individual projects were itemized as follows: I- ' t..J. . Proj ect ' Georgetown Pittsburg Carnegie-Wakeforest Wakeforest'JExtens i on Percent Completion ",97% 17% 92% 98% Estimate No. I Amount . $ 112,041.90 25,716.00 197,594.55 37,350.00 ,~10ti on by' Commi ssioner .l'hompson, seconded by Commi ssi oner Dunn, that the H. 1. Ho11and'Construction Company invoice in the amount of $372,703.05 for work completed as of Estimat~ No.1 on the storm sewer project'construction,be approved for payment. A progress report on~the project indicated that the construction was ,ahead of schedule because of good weather and that overall construction was done in a satisfactory manner. However, "it was pointed out that the: asphalt used in the 3600 block of Georgetown was not satisfactory inasmuch asit,hadbeen cold when applied to the street and would have to be corrected, or removed and the asphalt re-app1ied. Commissioner Stanley arrived at the meeting at this time. ' Mr~ Ufer,advised'that he had discussed the condition of the asphalt in the 3600 block of Georgetown with the contractor and it was Mr. Holland's re- quest that he be permitted to try to correct the situation rather than re- pouring the asphalt. ' Street Superintendent A. L. Bearden stated that inasmuch as cold asphalt will not reach the density of hot asphalt he did not believe that the proposed corrective 'measureswou1 d prove successful as a permanent fini,shto the street. Following a lengthy discussion, Mr. Holland assured members of the Commission that after h~ has taken corrective measures if the street dfd not meet require- ments of,thecity the asphalt would be removed and..:rep1aced. " 'Voting 'Aye: All with the exception of Commissioner Stanley who abstained' inasmuch as he was: not. pre- ' sent when motion was made. Voting No: None: r',----:-ii :::=:1 I I I I" ~-l-:::=uiX, 1 tlir-- , I I .I Ji iil Wlilmrrll1lJlJlllllllllili ' lilIIilL:lj/i:-~ .'-:: rl.:JlIIl!! 2~O .11!DIIIIIIIIIfII1Jl]JTI!!Jlrll: I . I 'III' L:r'J'l~ 1- __ 1'-:1, I I '-', , '1"::, LJ Argus reporter Iris Bullard announced to the Commission t~at this would be her final meeting with the Commission inasmuch as she had resigned her'position with the Southwestern Argus to become assoc'iated with the University of Houston. Miss Bullard introduced Mr. John Harris as her replacement. Discussion on a study prepared by Bajishore Eligirieers,'Inc. to'provide sanitary sewer s'ervice to the area frontiri'g Bellaire Boulevard between Buffalo Speedway , and Poor 'Farm Ditch whi ch has been rezoned for townhoU'se constructi on was de- ferred by the Commission ulitila workshop 'meeting 'could be held to review the' study. Such workshop meeting is to be scheduled for Thursday, November 18, 1976, 7: 30 p. m. ' '. ,... The Commission was presented an invoice in the amount of $990.00 received from Bayshore Engineers for the preparation of' a studY'to provide sanitary sewer service to the Townhouse District on Be11aire Bdule~ard. . Commissioner Dunn left the meeting at this time. Motjon by Commissloner Stanley, seconded by Commissioner Thompson, that an invoice in the.amount of $990.00 received from Bayshore Engineers, Inc. for preparation of a study to extend sanitary sewer service to the Townhouse District on Bellaire Boulevard, be approved for payment. ' Voting Aye: All Voting No: None An invoice in the amount'of'$3,625.00 received ~rom the' firm of Vinson, Elkins, Searls, Co~na11y & Smith~for legal servlces rendered in conjunction with the election and sale of $1~700,000 public bond issue, was presented f~Jr considera- tion. Motion by Commissioner Thompson, seconded by COnimis'sion'er'Stan1ey, that the firm 'of Vinson, Eikilis~ Searls, Connally & Smith be paid the sum of $3,625.00 for legal fees in corijunctionwith ttie election and sale of $1,700,000 in pub 1 i c improvement bonds. . . '.' . Voting Aye: All Voting No: None The Commission considered a'letter dated October 7,i976, from Rotan Mos1e Inc. advising that such firm had inadvertently lost $15,000 Wesf University Place bonds, Nos. 153, 154 and 155, with coupons attached and desi~ed to have such bonds replaced~' , City Attorney Charles Cockrell advised the Commission that State Statutes pro- vide for reissuing bonds tha~ have been lost and that an affidavit should be . required from owners of the bonds advising that they are owners of such bonds and that such bonds have been lost, strayed or sto1en'and that they desire such bonds replaced. Owners ~f the bonds should also be ~equired to furnish th~ city an indemnity bond. Motion by Commissioner Thompson, 'seconded by' CommiSsioner Stanley, that the City Manager and City Attbrneybe"authorized to take the proper,' steps in ob- taining the reissuance of Bond Nos. 153, 154 and 155; obtain a indemnity bond in an amount up to one and one-half' (l~) times the vci1ue of the bonds and to advise the owners of the'Tost'bonds that any cost>incurred in replacement of the bonds is to be paid by the owners thereof. :) ;1 i U J I-i U o ~ C'J c.o 't!:l ::0 :c:: [-1 '--- [-1 ,~ ... .1. ..~: "!: ~ti)t~ Voting 'Aye: All V'oting No: None The"'Commiss;-on was advised that in accordance with the provisions of the .City Charter it was necessary that Mr. Charles Orsburn be reappointed to serve as Associate Judge of the 'Municipal Court. ' ' ~ " . -'< \:. - Motion by Commissioner 'Stanley, seconded by Commissioner Thompson, that Charles Orsburn be reappointed as Associate Judge of the Municipal Court for an addi- ti ona 1 sixty (60) day period:. Voting Aye: All Voting No: None Considerati6n of a proposed ordinance regulating the construction of circular driveways was delayed by the City Commission pending receipt of drawings and recommendation from architect John Mitchell to whom the matter was referred "in accordance with instructions orthe City Comli1ission~ Thisu consideration will be included as an agenda item for the November 22nd meeting"of the City Comission. ' In response-to instructions of the City Commission subsequent to an appearance at the October 25, 1976, City Commission meeting by Mr. Bob Lang, 2624 Notting- ham and Mr. Jim Dodd, 2620 Nottingham to request the erection of IINo parkingll signs dn th~"2600 and 2700 blocks of Nottingham from 5:00 p.m. 'until 8:00 a.m. tne following r~comrriendation from Chief of Police James O.Bryant was presented to the Commi ss ion :0' After having talked to Mr. Dodd in regards to several complaints ~regardin~ zoning ~io1ations, trash pickup, and ~arking of ' cars at night on the 2600'and 2700 blocks of Nottingham, I checked this area at night for several nights, and reached the following con- clusions. The compl~intas told to me regarding parkingi involved one and, the same house where the zoning violation was also being carried on. The occupant of the house agreed to cease the zoning violation. The parking became aggravated at night when the occupant of a cer- tain house would have a:party'at night'and his guests would park on the street. "This can be corrected with the cooperation of the per-' 'son givlhg" the parties~ I do not believe that it' is necessary to regulate the parking at night time on Nottingham Street, because this would be very in- convenient" for all the person~ 1 ivingon the street. . I. did not have any'trouble driving up and. down this street during the times I surveyed it at night. . ," -' - ~ The Commission was advised: that following a me'etihg With. Mrs. Beth McNabb, a representative"of the Community, Development Agency,-it was believed that it: would not be feasible to make application to divert-use of funds authorized under a HUD grant for purposes other than development of Phase I of Inde- pendence Park inasmuCh as the guidelines and regulations have been changed and additionally because there is a March'lst deadline for 'performance re- ports on approved projects. it ~ ~Il --..L __L____.L~---; -. ~ _! ~._____:_T:il~1..........~......L ---,- .' I ~I1 ,11 i:iI11TJ:7~TrBll11m-.nr.r1 ...............11: . linEr:-:: 1:1: .,1 :;.:'CI::IllII!!I .IWBIllJll:lU.LiJ!.lII1llJ[I[lr.l . I !JIIII. L..I']I]i .. T- .. ~Idl '.J I I V- 1J--:--- -r'" -, I t) 8 ,''l'' iIJ '~e, Resolution Nuniber 76-21 was presented to the Commission and read in full: .' ~ '~WHE'REAS ;q'hereto'fore :-the. City of\'West:!l:Jn';versfty 'Place has requeste'd the Comm;ss'iOllersl'Court of Ha'rris' County, Texas to make available to the'ci,ty funds out of a grant from the U. S. Department of- Hou'sing'and Urban Development; and ' : 'J- "WHEREAS, the :'city has beennotifi ed ;'that, the County. is now ready to enter a formal agreement whereby funds in the maximum'amount:of $90,555.60 can be made avail~ble to the city; and ' WHEREAS, the city desires to obtain such funds for the development df:Pha'se I'of'the'lndependencePark project,i'nc1uding hi'ke'and bike trails, la~dscaping"andligftting.' ,," ' ,", .' " , NOW~ THEREFORE, "BETT RESO[:VEDBY'THE ClTy:,eOMMISSl'ON OF THE CITY OF WESt UNIVERSITY ;'PLACE,. TEXAS: '" Section 1. That the city deems it advantageous and advisable to enter"intoan agreement :with Harris County, ,Texas to: obtain funds for the de- 'vel <?pment of Phase J of Independence Park'in ~h~'city. " ' Section 2. That 'the Mayor be, and"he'is hereby, authorized to enter into":an Inter-local Agreement between Harris Coi.mty'and, the City of, West' Univer- sity Place, Texas, which said Agreement is hereby referred to and~made a, part hereof for ~11 purposes as though fu11Y,set out herein. ~ .~~, Sectibn 3. 'This Resolution shall take'effett and be in force im- mediately from ~rid after its passage and approva1as';requiredby law. PASSED AND APPROVED this 8th day of November, 1976. Motion by Commi ssioner"Thompson, seconded by Commissioner Stan1 ey ,that Reso 1 u- tion Number?6::21 beapproved'as 'read. ^,,' ' Voting Aye: All Voting No: None Attentiorl'of the Commission was directed to information received from City Prose- cutor,Tom Clarke regarding changes in State"Statutes'Tegarding streets being contiguous with school property in order for the area to be designated as a "School Zone" and the need to amend the city's Code of Ordinances. This matter was referred ,t?"CityA~torriey, Charles Cockrell'f6r fu~ther study. An agreement wlth"Harris County forth'e: operation of a'nutrition project in the City was referred',toCity'AttorneyCharles'Cockre'll for review. The Commission was advised that Mr. Richard Rockenbaugh, DireGtor of Community Services for the City'6f'Edii1burg, Texas had accepted the position as Assistant City Manager"wlth the 'city and the'following letter was read by the City Mana- ger regarding suchpos,ition-: ,,' ',' ' , Mr; Ri chard Rockenbirugh', Di rector': of Community Servi ces for the City 'Of'Edjnblirg, :T'exas~ 'has 'made' application'fo-r'the positio-n of Assistant City Manager. . , ,....,>~' " , 'I il U ~ .-: ::./:., ~~...' D [l u ~ C'J ~ ~ ::r::: 0:: o f1 ~QO ,'ZJ. (') a The City Commission has on two occasions 'interviewed Mr. Rockenbaugh, First, in a workshop session on the date of October 21st and secondly in a workshop session on Saturday, November 6th. Additionally, I have discussed the positiori, dutie~ and responsibilities .with Mr. Rockenb~ugh personally and over the telephone.. I have personally investigated and discussed !:lis emp1eyment with four (4) of his referencesahd each haVe highly recommended him fbr'emp10yment. I have today offered the position of Assistant City Manager to Mr. Rocken~ baugh and he has accepted and will resign his employment with the City of Edinburg this week. . , His salary, in accordance with our agreement, will be $lT,OOO annually with the benefits afforded other city employees, and the city is to pay his household moving expenses from Edinburg: ' . " This week I expect to receive 'from hfm a definite commitment as to the date he will report for duty. ' Minutes of the regular meeting of the Electrical Board on October 26, 1976 were presented to the Commissiori for t~eir information. Minutes of the regular meeting of the City Commission on October 25, 1976 were presented for consideration and the following action taken: Motion by Commis- sioner Thompson, seconded by Commissioner Stanley, that minutes of the regular meeti ng of the City Comm,i ss i on on October 25 ~ 1976 be approved as submi tted. I . Voting Aye: All Voting No: None With no further business to come before the Commission at this time, upon motion duly made, secondeda~d carried,"themeeti~g adjourned'at ~:30p.m. ~&~/ , " ayor " ATTEST: ',~~-/"~~~ Assistant City Secretary ,. ['-I. -:'1-, ....l _,L_li_~,r':" ",'i', ':TI'T-:-J I' I Iilli I,' 1,II:iLlilillmllllllllll..JaI lilIIIT[;,lj :'::''1 :JlIIl!! .IIIIBlIlUJllllJI!IDII!IJII'U:I. III' -------.: r'Jl~ , I., I I r:: . '[. .[] :~84 .." ' REGULAR MEETING OF CITY COMMISSION November 22, 19!6 The,City"Commis'sion convened in:regula-r session at the',City Hall on Monday, Noveinber 22, 19]6'; 1:30 p:.m. with thefollowing'members'ipresent: Mayor Wallin, presidi rig';' Commi ssi-oners Dunn,- StanleY and Thompson ~ The City Attorney and City Manager were al so present. Commissi onerBinfg was absent. ' The Invocation was pronounced by Commissioner'Stanley. .:, - . ~ ~. ~ . . Chief of Police James O. Bryant introduced three patrolmen" recently appointed to the Police Department and Mayor Wallin gave the Oath of Office to Mark R. Clark, Steven 0; Stri p 1 i ng and Mi thae 1 Morgan. " Commissioner Binig arrived at the meeting at this time.. . Bids received for -the construction of a recreation building,in conjunction with the rehabilitation of Colonial Park were opened and results announced as follows: CONTRACTOR \ . ALTERNATE BIDS No. 2 No. 3 WORKING DAYS ....1.;.. . BASE BID 304,800. 316,100. . 299,650.00 325,788. 292,900 288,200. Oed. 25:; 400. C . Add, 800. Oed. 25,.200. Add 4,500. 45, da. (1 ) Oed.' 25';790. Add 1,925. 160 da. Ded. 27,356. No Bid 210 da. Ded. 23,807: No Bid' 60 da.(l) Ded. 21,200. Add 4,900. 240 da. No. 1 B.D~JB Inc. . ; . Continental Bldrs. La-Man Ci:mstr. O'Donnell~Bullock RaycoConstr. ' .'" S & S Constr. No Bid Add 36,200.' Add 26,500. Add 34,357. Add 26,725. Add 29,900. Motion by Commissioner Binig, seconded by Commissioner Thompson, that bids re- ceived for construction of a recreation building at Colonial Park be referred to the City Manager and consulting engineer John Mitchell for tabulation and a re- commendation to be presented to the City Commission at its next regular meeting on December 13, 1976. Voting Aye: All Voting No: None Bids received for furnishing poles and fixtures for lighting the parking area adjacent to the City Hall were opened and results announced as foll ows: 3-Aluminum 3...Mercu.ry TOTAL BID ALTERNATE CONTRACTOR Poles Vapor Fixtures PRICE TOTAL BID PRICE G.E. Supply 1,089.00 1,074.89 2,163.89 No Bid John Watson Co. No Bid 965.00 Lighting Associates 1,035.00 1 ,104.00 2,149.00 2,880.00 Glynn-Pettit Assoc. 2,535.00 No Bid Warren Electric Co. 1,236.00 1,364.25 2,600.25 No Bid Wholesale Elec. Co. 2,085.00 No Bid Graybar Elec. Co. 2,261.00 No Bid Motion by Commissioner: Stanley, seconded by Commissioner Thompson, that bids received for furnishing poles and fixtures for lighting the parking area adjacent I .., .._. "\ I ( , I I I U . r :.1(' ~ ~ ..' n u II I I U [l ~ ~ c.o ~ =: ::l:j o m ;~ I I"""' 285 to the City Hall be referred to the City Manager for tabulation and recommendation to be presented to the City Commission at its next regu,lar meeting, on December 13, 1976. "'>!'\; , , " , Voting Aye: All Voting No: None Mr. Joe Williams, Chairman of the Parks and Recreation Board ,appeared before the C'omini's:sion and presented a landscaping :layoutfor the proposed development of ' 'libertY Hill prepared by Mr. Mike'Ilse ofVernonG. Henry Associates to include 10-411 live oak trees, 22 crepe myrtles 'and pampas grass for an estimated cost for .. th~ material of $1,700.00. Mr. Williams was directed to pre,sent the plan to the Parks and Recreation Board' for a recommendation to be presented to the City Commission at its next regular meeting on December 13,,1976. ' ' " Mr. David Stanger of Stange'r arid 'Associates, appeared :before the Commission and presented a proposed budget for the development of Phase I of Independence Park prepared by the Independence Park Committee. The total preliminary projected budget totaled $106,2'6Q>' Mr. Stanger explained that some of the items were flex- ible and a firm budget would be 8chieved after more survey and topographical plans w~re ,completed. The CitY' Manager recominended that Stanger and 'Associates be . 'em'p 1 oyed to develop Independ'emce' Park~P'l ans 'and prepare -contract do'cuinents' for presentati on to Harri s County,Eriginee'r: ' '. .' , .. Moti on byCommi ssi,oner T~'omp~on." s~cohde~ by Commi ssi on~r S~anley ~ that the City Manager be'''(wthori zed to negotia.te a,contract Wi th Stanger'and AssociateS for the devel opmentof pl ans and contract documents for Phase i of-: Independenc'e Park to be prepared and presented to Harris County Engineer for approval; , Voting 'Aye: All Voting No': '. None A"letter 'of resignation from Mr. Jeffry 'corbin, 'chairman of the Independence Park Committee was; presented :to'th~ "Commissio'n. 'Mr. Corbin is moving out of the state. An oralresignatlon fromMr: 'David S'fanger :as a member of the Independence Park' Committee ,was given to the Commission. " MotfonbY"Conlniissioner Thompson;' seco'nded by Commissioner Stanley, that the resig- nations o{'Jeffry Corbin' and Davl d'Stanger frointhe Independe~'ce Park Committee ,be accepted. :,' ,.' " Voting 'Aye: All Voting No:' None Resolution Number 76-22 was presented to the Commission 'and read in full: WHEREAS, heretofore the City of West University Place, through its Council on Aging, has cooperated with' ~a.rris' County in the o'perati'on'of a nutrition project; and WHEREAS, Harris County has now presented to the 'city a formal agreement covering the rights~ duties and operaiion 6f the 'parti~s. ' ., ['-:1 ---.11 ..:....1. I ~.j-IPfi I u -.l"_ _._uLiI: l' 1"1 I I I > .JIJ~' I J' IJllijiJiIIl31l11TDllm....1iI1' 11IIIiIIL'IJ".1 J. : :-. 1"1.:T]!lIll!! .l11lBl1uu.nu.llnlLLlllJ flllL' L . I , , 'II" I T~Jrl'::' .L. !--" I I r- , 'I':"""""LJ , . ~ "" "'M"X<- 286 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UN IVERS ITY PLACE, TEXAS:, ' Section 1. That the City Commission deems it advantageous and aij- visable to enter into an agreement with Harris County in connection with a nutrition project award under Title VI of the Older American Act. i1 u Secti on 2. ' That the Mayor be, and he is herepy, 'authori zed to enter into the aforesaid agreement between 'Harris County, and th~ City of West University Place, Texas which said agreement is her~by referred to and made a part hereof ,for all, purposes as though fully cset out herein. ' Section 3. This Resolution shall take effect and be in force immediately from and after' its passage and,approva'l as required bylaw. \, ' PASSED AND APPROVED this day of , 1976. Motion by CommiSsioner Binig,seconded bY'Commissioner:Our:m, that Resolution Number 76-22 be approved~s read. 'Voting Aye: All Voting No: None . The Commission' was presented an invoice in the amount o,f $1,222.32 submitted by Bayshore, Engineers,' Inc,. for inspection serv,ices during storm sewer construction for the peri od October 1, 1976 to Novemberl, 1976. f Motion by Commissioner Thompson, seconded by Commissioner Stanley; that Bayshore n Engineers, Inc. ,invoice i-n the 'amount of $1,222~,32for inspection services during IJ storm sewer construction for the period Octob,er 1,,1976 to November 1, 1976 be approved for payment., Voting Aye: ,All Voting No: None The Commission was presented 'an invoice in the amount of $1;942.90 submitted by ~1itc,hell Carlson & 'Associates .Inc. for professional services rendered between September 23, 1976 and November 5, 1976 on the rehabilitation of Colonial Park. Motion by Commissioner Dunn, seconded by Commissioner Thompson, that Mitchell Carlson & Associates Inc. invoice in the amount of $1,942.90 for professional services rendered between Septemberq23, 1976 and November 5, 1976 on the rehab- ilitation of Colonial Park be approved for payment. Voting Aye: All Voting No: None Ordinance Number 1076 was presented to the Commission and read in full: AN ORDINANCE CAtLING 'AN ELECTION, WITHIN THE CITY OF WEST 'UNIVERSITY PlACE, TEXAS FOR THE FIFTEENTH' (15TH) DAY OF JANUARY, 1977, FOR THE PURPOSE OF ELECTING A MAYOR AND FOUR (4) COMMISSIONERS; DESIGNATING THE POLLING PLACES; APPOINTING'ElECTION OFFICIALS AND PROVIDING FOR,THEIR PAY; PROVIDING THAT ALL DULY QUALIFIED RESIDENT ELECTORS" SHALL BE QUALIFIED TO VOTE; PRESCRIBING THE FORM OF n n M C\J to e,:, - ...... ::z::= fl L l 282: BALLOT; 'PROVIDING FOR NOTICE OF' ELECTION; CONTAINING OTHER' PROVISIONS RELATING TO SAID' ELECTION; AND PROVIDING' FOR AN EFFECTIVE DATE. BE ITORDAINED"EY" THE CTfV COMMISSION OF THE 'CITY' OF 't~EST UNIVERSITY PLACE, TEXAS: Section 1. That a generalelect.ionshall be held ,in the City of West " University Place, ,Texas on the 15th day of January, 1977, for 'the purpose of electing a Mayor an'd four (4) Commissi,onersofsaidCity. . Section 2. That said election shall be held 'in each of the four (4) election precincts heretofore established by the Commissioners. Court of Harris County, Texas, andc the following presiding election judges and alternate presi- ding 'election judges be appointed,' to-Wit: Voting Precfrict #183 West' Uni.versityConimunity Building 6104 Auden ,:; , , Ms. Gail'C~f~tens Presiding Judge Alternate Presiding Judge , Voting Precins..t #133 'City Hall ' 3800 University Boulevard Mrs. Si'dney Yoder' Mr. Sidney Yoder 'Voting Pre~inct#87 West University Elementary School 3756 University Boulevard - . -' . ~ Presiding Judge ' Alternate Presiding Judge 'Mr. Ben Greene" ' , ,Mr,; Vi ncent Fr'omen Presiding Judge Alternate Presiding Judge Presiding Judge' Alternate Presiding Judge Each polling place and the polls' thereat shall be opeafrorn 7:00 a.m. to 7:00 p.m. on said election date. There shall be no less than two (2) clerks for each election preci nct, ~b be appoi nted by 'the pres idi ng '-j udge for each ,such precinct. Mr~ Charl es Orsburn' . , Section 3. The judges and clerks of said election shall receive compensa- tion for conducting the ~lection and filing the;returns~in accordance with the provi- sions of Article 3.08 of the Texas Election Code;.'titled Pay of Judges and Clerks. .1_..............,.....=".11;1 . 'Jll.. '~I'~ . , ..... .1 r r . t::- fr..::...--r.::...;r . ... _.r..... 288 Section 4." It is herebY determined by the City Commission that voting, on the day of said'electi'on shall be by'use,ofvoting machines, that absentee in voting shall be by use of paper ballots and that the baJlots of said election I I shall conform to the requirements of the Texas Election Code and shall have printed U thereon in- Englishand'in Spanish the names orthe'carididates and the office for which each candidate lS seeking election. The period' for absentee'voting by pers'onal appearance shall begin 'on the twentieth day and shall continue: through the fo'urthday prei:edingthe date of, 'el ection ; pro- vided, however, that when the twentieth day-fa:1ls on a day which is not a regular working day for the clerk's office, the absentee voting by personal appearance shall beg.in on the next sltccee.din.g regularwbrkin'g: day. : " , . 1 , Absentee voting shall be con'ducted by a Clerk for absentee voting, namely, Mrs.' Lee Lockard, and by a deputy absentee voting' clerk, 'namely,' Mrs~ Opal McKelvey, and the place at which the absentee voting shall be conducted shall be the City Hall, West University Place, Houston, Texas 77005, which is' alSo the absentee voting clerk's mailing address to which ba'llotapplicatiori;s'and ballots voted by mail may be sent; . Said clerk shall keep said office open for at least eight (8) hours, that is, from 8:00 o'clock a.m. to 6:00 o'clock p.m., on each day for absentee voting which is.'not a'Saturday, a Sunday or an official state holiday; providing, however, 'except 'as authorized by Article 5.05, Subdivision 3d, Texas Election Code, said clerk shall not permit anyone to vote absentee by personal ap- pearnace on any day which is not a regular working day for 'the Clerk's office, and under no circumstances shall the clerk permit anyone to vote absentee by personal appearance at any time when said office is not open' to the public. Section 5.~ All' resident, qualified electors of the City shall be entitl ed to vofe:' " o Section 6. This ordinance was read once by the City Commission and shall take effect immediately. ' Section 7. Notices of said election shall be given by posting a Notice containing a substantial 'copy of this ordinance in Engl ish and in Spanish at the City Hall ~ 'West University Pla~ce, Texas, by posting a substantial copy of this ordinance in English and in Spanish in each of the election precincts of said City not less than thirty (30) days prior to the date on which. said election is to be held, and same shall likewise be published in English and in Spanish in a news- paper or newspapers published in Harris County, Texas, of general circulation in the City, and designated as an official newspaper of the City in accordance with the City Charter, said publication to be made not later than (30) days prior to the date set for "said election. PASSED AND APPROVED thfs day of , 1976. Motion by Commissioner Thompson", seconded "by Commissioner Durin, that Ordinance Number 1076 be approve9 as read. Voting ~ye: All, Voting No: None Ordinance Number 1077 Was presented to the Commission and read in full: n (I ~ N c.o C!:5 ~ ,....". ::r:: o lJ '!,,~r~""'4'l-;''' 2S9 AN ORDINANCE CALLING AN ELECTION TO PERMIT THE QUALIFIED VOTERS OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, TO VOTE FOR OR AGAINST THE ADOPTION OF THE FIREMEN'S AND POLICEMEN IS CIN,.I.bSERVICE ACT; PROVIDING FOR ;TtiEHOL01NG OF SUCH ~LECTIQNON THE F1FTEENTH (15TH) ,DAY OF JANUARY, 1977; PROVIDIN[ FOR THE HOURS OF SAID ELECTION;' PROVIDING FOR THE POLLING PLACES AND THE OFFICERS OF SAID ELECTION; PROVIDING FO~ ABSENTEE VOTIN,G; PROVIDING FOR NOTICE OF SAID ELECTION BY POSTING AND' PUBLICATION; AND PROVIDING' FOR AN EFFECTivE 'DATE. ' BE IT ORDAINED:'SY TH~ CITY'COMMISSiON OF THE CITY OF WEST UNIVERSITY PLACEI TEXAS: ',.' Se'ctidn 1. 'A special ~lectionshal1 ,be held in the City of West Uni-' versity Place, Texas, on the 15th day of January, 1977 at which election there shall be submitted to the qualified vot~rsthe,following: FOR the adoption of the Firemen's andPolicemen's,Civil Servi~e Ac~. , AGAINST the adoption of the Firemen's and Policemen's Civil Service Act. . , Section z; Th~'ho~r~ durin~ ~hith the polls will be open fo~ voting in said ~lection 'shall be 'from seven,O".c.l,oc~,'a.m. to seven o'clock p.m. Section 3: Voting shall be' at t~efollowing ~espectively designated polling places in each' oft~e following nUinberedHarris 'Cqunty Voting Precincts' in the City o'f West Uni versi tY' Pl ace heretofore estab 1 i shed and descri bed by , : natura 1 or artifi ci a 1 boundari es or survey 1 i nes by order adopted by the Com- " ,missioners' Court of Ha.rris County andduly set out in its minutes. ~The follow- 'ing named persons 'are hereby appointed offiCers to conduct said'election"in 'the said electiqn precincts, re'spectively: ' Votinq Precinct #183 .' , West University CommunitYSuflding 6204 Auden Mi. Gail Carstens Pres i di ngJudge . Alternate Presiding Judge , ' Votinq Precinct #lj3 City Hall 3800 Uniyersity Boul evard Mrs. Sidney Yoder Mr. Sidney Yoder. , Votinq Precinct #87, " ' " West University Elementary SchOol 3756 University Boulevard Mr. Ben Greene Mr. Vincent Fromen Presi ding Judge' A.lt~r~ate Presiding Judge 'Presiding JiJdge Alternate Presiding Judge [-:I_:i1 ~il! r II Ii j li::-I~-"~'~M (.- -CLil.::Ll 'II: ~I JrlllnililllillllRillllIBllilI lilIIIIIL'r~- ~ "i' '1I,~1Iill1 29.0 IglllIJllIIl;~IUUI I I !III LLII 1Jl.lLJ1 ' , ----. Iii IJ ,! I Voting Precinct #15- St. Andrew'sPresbyterian Church 5308 Buffalo Speedway' ' Mr. Char'l esOrsburn Presiding Judge Alternat~ Presiding Judge The presiding judge for each election precinct shall appoint not less than two election clerks to serve at the polling place under hi~'jurisd!ctiori. , Section, 4. It is'hereby determined'by the' City, Commission that voting on the day of said election shall be by the use of voting machines, that absentee voting shall be by use of paper ballots and that the ballots of said election shall conform to :the requirements of the Texas El~ctionC0ge and shall have print- edthereon 'in English and: in Spanish the'following: ' () FOR the adoption of the Firemen's and Policemen's Ci'v.;-l Servi ce :Act. ' ~ ' ( ).'AGAINST, the'adopt:ion of the Firemen's andP-olicemen's Civil Service Act. n , r, /,. Each 'voter using voting :machines and desiring to vote in ,favor of ,the proposition shall pull the vot'ing, pointer:downindicating "For" such proposition, and each voter desiring to vote against the proposition shall pull the voting pointer down ind,icating "Againstll such proposition.' Each 'aqsentee elector using a paper ballot shall 'vote on. 'the' proposition by placing "X'\. or nother clear mark in the square be- n si de' the statement indicating the way suchel ector vdshes'to vote on'the proposi - U' tion. The'period '.for'absentee voting by persona 1 appearance shall begin on the twentieth day and shall continue through the fourth day prec,eding the date of the election; provided, however, that when the twentieth day falls on a day which is not a regu7 lar working day for the clerk's office, the absentee voting by personal appearance shall begin on the next succeeding regular working daY'. , Absentee voting shall be conducted by a clerk for absentee voting, namely, Mrs. Lee Lockard, and by a deputy absentee voting clerk, namely, Mrs;Opal McKelvey, and th~ place'at,wh;-ch ,the absentee voting shall be conducted shall be the City Hall, West University Place, Houston, Texas 77005, which is also the absentee voting clerk's mailing address to which ballot applications and ballots voted by mail may be sent. Said clerk shall keep said office open for at least eight (8) hours, that is, from 8:00 o'clock a.m. to 6:000!~lock p.m., on each day for absentee voting which is not a Saturday, a Sunday or an official state holiday; provided, however, except 'as. authorized by Article 5.05, Subdivision 3d, Texas Election Code; said clerk 'shall not permit anyone to vote absentee by personal appearance on any day which is not a regular working day for the clerk's office, and under no ci rcumstances shall the cl erk permi t anyone to vote absentee by personal appearance at anytime when said office is, n'bt open to the public. Section 5. All res.ident, qualified electors of the City shall be entitled to vote on"the'Proposition. u -1 ~ C\l c.o ~' :::t:: 0:: o n '".""'."-, 2{}'! Section 6. This ordinance was read once by the 'City Commission and shall take effect immediately, Section? Notices of said election shall be 'given by posting a Noti'ce containing a substantial copy of this ordinance in English and in Spanish at the City Hall, West University Place, Texas, by posting a'substanti'a'l copy of this ordinance in English 'and fn Spanish' in each 'of the election precincts of said City not less than thir-ty (30) days prior to the 'date on whfch'said 'electl'onis to be held, and same shall likewise be published in English and in Spanish in a news- paper or newspapers published in Harris County, Texas, of general circulation in the City;andoesigmited 'as an official newspaper of the City in accordance with the City Cha'y:oter ~ sa fd 'pub 1 i ca ti on to be made not 1 citer than thi rty (30) days prior to the date set fO~'said election; , PASSED AND APPROVED this . - . ~ , day of , 1 976 ; Motion by Commissioner Thompson, seconded by Commissioner Stanley, that Ordinance Number 1077 be approved as read. Voting Aye: . 'All Voting No: None The City Manager reviewed a proposed plan for the construction of a 1011 sanitary sewer line to be laid in Rutgers Street between Carnegie and Duke to connect into an exist'ing sanitary sewer Tine which leads into the Duke and Vanderbilt'lift station;and:a proposed sanitary sewer line in the easement of Block '2, West Un'i- versity'Place 1st Addition between Belmont ,and Brompton to service the 2900 block df Bellaire,Boulevard. He,stated'these lines 'were 'needed to provide adequate, ser- vice to these areas with the anticipated c-onstructidnoftownhouses. Also reviewed was the need for a smoke test to determine illegal and cross connections in the sanitary sewer system'in'the area' bounded on the north 'by'University Boulevard, on the west, by Poor Farm Ditch; on the eastoy Buffalo Speedway and 'on the south by Bellaire Boulevard. He requested authorization to employ a 'consulting engineer to prepare plans, specifications, bid and contract documents for this construction, and testing. ' , Motion by Commissioner Thompson, seconded by Commissioner Stanley, that the City Manager be authorized to employ Bayshore Engineers, Inc., to prepare plans, speci- fications, bid and contract documents for a 1011 sanitary sewer line to be laid in Rutgers Street between Carnegie and Duke to connect into an existing sanitary sewer line which"leadsinto the DUKe and Vanderbilt lift statiori; a 'sanitary sewer 1 ine In the easement of Block 2 ,West"Uni versity Pl ace lSt Additi-ori"between Belmont and Brompton to service the ,2900 block of BellaireBoulevard; and a smoke test of the area bounded' on the 'north by University Boul evard ~ on the westby Poor Farm Ditch, on the east by BuffaTo:Speedway'and on'thesouthbyBellaire 'Boulevard. Voti ng Aye.: All Voting No: ' None - The City Commission was'presented an invoice 'i'n the'amount of $1,683.00' submitted by City Attorney Charles F. Cockrell for legal services rendered during the months of July, August and September~ " , Motion by Commissioner Thomps0n; secohdedby,Commissioner Dunn, that' invoice in the amount of $1,683.00 submitted by City Attorney Charles F.Cockrell for profes- sional services during the months of July, August and September be approved for payment. 1=:J---....JJ' II I l'l!ir-r~:-' 1 ~ --,--Llllr-l -----..Jill, , " IiJI,i1 DilIIII~ l'IIIIilIIII-.r.J1 liIIIIID.lj ..., -- ."TI:I]JII 292 I~ . I~.. iM~ I ur~ I ':r:=Ii r ' I ,,__L____I_ I ,_,___ 'l~L] I H~': ' 'Voting Aye: A 11 Voting No: None In answer to a query from Commissioner Dunn, The City Manager advised that he dfd not believe the topping on Georgetown Street 'by the~storm sewer contractor would be s:atisfactory and wouldprobabTy . have- to 'beri'pped- aut ,and'retopped'.' .. . , . - . " . n Commfssi6ner Dim'n requestedl that ari item' be 'plac'ed in the City:Currents con- ' cerning 'regfstratiori of bicycles in view of the number df thefts 'of bicycles recently reported by the Police Department,: ' '. r-;": Commissioner Binig' requested' information con'cerriing West ,University residents monitoring meettngs of Bellaire:representativesdiscussing.the formation of a School District in Bellaire. Mayor Walli~~dvised there had been no one officially appointed in this capacity, but that he had been unofficially con- tacted by interested residents who had indicated' they would keep informed on this subject. He stated that he would seek information from them and report back'to the Commission. ' The City Manager corroborated receipt of a check in the amount of $2,000 from the City of Soutside Place for past ambulance services rendered to residents of that city. - Conimissioner'Binfg advised she: had been approached bymemDers 'Of the Civic Club concerrfing 'a Caro 11 i ng Party Hi conjuncti on wi'th' their decorati n~ of a tree on the' City Hal r 1 awn: Las t yea r a'rrarigements for thi s 'party, with refres hments ' at the Community 'Genter afterwards~ were made by Mrs.' Paul Wallin, Mrs. J. B. Thompson and Commi'SsionerBinig; It was agreed this 'was a very successful n affai'~ an'd "would beheld' agairithis~ear ,on Monday,' December 20,1976. I ( The followi ng recomrilendati 0~S' for, 'p~~'cedure to' apply for issuance of 1977 U tennis cards was presented to.the:Commfssion for their consideration from the -,West University Tennis A'ssotiation: ' ',' , , j 1) Applicant will go to the Community Center and fill out Tennis Card and Proof of Residence Card. . . . -. , . . ... ., ... . . 2) Botncards are to Ibe left :at the Community Center with the appropriate'fee. ' '3)' I A Tennis 'Association Board meinber wi'll pick up'the cards, verify the 'information, and return the verified cards to the Community Center within one week. Applicant may then 'piCk 'up the Tenni~ Card together with the Tennis Information Sheet'arid other Tennis Association~aterial'.- ,4) Fee Structure~ $1.00 for the first card (and for replacement of damaged card-- the remains of which'must be brought 'in) $5.00 for replacement of,first'lost','card. , $10.00 for replacement of subsequent lost cards. ,Fee structure' 'for fchildren"T4 and underi s one;..ha lf of the above~ ", , , I ' n n 0': c-.l c.o ~ - ......' :r: rn m iLl 2e~ The City Manager was instructed to submit the above to the Parks and Recreation Board for their recommendations on same to be submitted to the City Commission at their next regular meeting on December 13, 1976. The City Manager advised ,that in a recent conference with Mr. ~ill Knight, District Manager of Southwestern Bell Telephone Company, he stated;that du'ring the month of February or March, ]977, the Telephone Company will move approximately 150 employees out of the building on Bellaire Boulevard to a new District Office near Chimney Rock and Richmond and that this should alleviate all of the off-street parking adjacent to the Telephone Company building. Discussion of a policy in regards to ambulance service for employees and dependents of employees resulted in the following action: Motion by Commissioner Thompson, seconded by Commissioner Binig, that everyone using the ambulance service would be charged equally, with the only exception being those employees who might be injured while on duty. Voting Aye: Binig Thompson Wallin Voting No: Dunn Stanl ey The City Manager reported that Commissioner Thompson met with the Hearing Officer of the Houston-Galveston Coastal Subsidence District on Tuesday, November 16, 1976 and that he and Commissioner Thompson attended a continuation of a Hearing con- cerning application for permits to pump water from the District on Thursday, November 18, 1976. In reviewing the permits, it was found that one of the wells had pumped approximately 20,000,oqo more gallons this year than allowed on the permit. This was due to a clerical error and an amended application to adjust this pumpage was submitted. All of the city wells, with th~ exception of the one located at the sewage treatment plant, have been combined;,;for an aggregate permit for the year 1977 on the recommendation of the Hearing Examiner. Minutes of the regular meeting of the City Commission on November 8, 1976 were presented for consideration and the following action taken: Motion by Commissioner Thompson, seconded by Commissioner Binig, that the minutes of the regular meeting of the City Commission on November 8, 1976 be approved as corrected. Voting Aye: All Voting No: None With no further business to come before the Commission at this time, upon motion duly made seconded and carried, the meeting adjourned at 9:45 p.m. .(il L1~aL-{f ~ ayor ATTEST: . ~J-L ~~~of./ Assistant City Secretary , [ -r-:1 ---;1 --.11 L:JtI I ,IITI l', L I '.1JlII, 1 " '1'11,11 iilTlIlIIllIIIiIIIBIIII IIlIIln 11, :lllmll 294 1~.rn~1IJ I~IU' 1'11,1 'I illl~ 'I Ll, ' . I.: I I l____,,____ U.I i.__._~__ , _~_ u u 6 o u IT U1 U1 (Y) m <C <t: a ~ 1 ,REGULAR MEETING OF CITY COMMISSION December 13, 1976 The City Commisston convened in regular session at the City Hall on Monday, becember 13, 1976, 7:30 p.m., with the following members present: Mayor Wallin, presiding; Commissioners Binig, Dunn, Stanley and Thompson. The City Attorney and City Manager were also present. ' The Invocation was pronounced by Commissioner Thompson. The Commission was presented Estimate 'No. 2 for work completed on the construc- tion of the storm sewer project as prepared and certified by Mr. Dieter Ufer, Bayshore Engineers, consulting engineer on the project. In dividual projects, total amount due on Estimate No'- 2, and percentage of project completion was stated as follows: ' Project Amount Due % Project Completion Pi-ttsburg Georgetown Amherst-Belmont Carnegie-Wakeforest Wakeforest Extension Belmont Extension $ 1 00 , 180 . 40 -0- 146,091.00 8,909.95 640'~ 00 44,788.00 94% 97% 95%' 94% 98% 90% Mr. Ufer advised the Commission that 10% retainage had been made on all items included in each of the two estimates on the project and that bad weather had prevented the contractor from completing all of the items he had previously agreed to correct. Mr; H. T. Holland, contractor for the storm sewer construction, stated that he would see that the project was completed in accordance with the desires of the city and requested that consideration be given to withholding less than a 10% retainage. Motion by Commissioner Thompson, seconded by Commissioner Stanley, that Estimate No.2, which provides for a 10% retainage, on the storm sewer construction pro- ject, as prepared and certified by Bayshore Engineers, Inc., in the total amount of $300,609.35, be approved for payment. Voting Aye: All Voting No: None Mr. Tom Wilson, 3015 Bissonnet, appeared before the Commission to request a variance of the provisions of Ordinarice Number 1067 governing construction'of swimming pools by providing for certain minimum distances from lot lines for outdoor pools. Mr. Wilson stated that he had completed plans for his home, in- cluding the construction of a swimming pool in April and had them approved by the Inspection Department in May. However, it was not until November that he actually appl ied for a building permit and was advised at that time that in accordance with the provisions of Ordinance Number 1067 passed by the City Com- mission on August 9th, the swimming pool would have to be located eight (8') feet from the side property line as opposed to the planned five (5') foot setback. Mr. Wilson expressed some concern that he was not advised that consideration was being given to amending the ordinance. _ (J.:L I UII! nuwl "I..011ilill,1 2 Building Inspector J. D. Allstott advised the Commission that it was not unusual for a resident to appear with plans for c6nstruction a~d not return. City Attorney Charles Cockr~ll advised the Commission that inasmuch as the pro- blem was involved with setback'lines, the matter could be referred to 'the Zoning Board of Adjustment for consideration, inasmuch as a portion of such Board's function was to grant or deny applications for variances of setback requirements. Motion by Commissioner Stanley, seconded by Commissioner Thompson, that the City Attorney be instructed to direct a letter to the Zoning Board of Adjust- ment setting forth his opinion and that Mr. Wilson's request for a variance be referred to such board for consideration. Voting Aye: All Voting No: None rn 1J Mr. Don Loggins, Manager, Gulf Coast Cable Television Service, advised the Commission that construction of the cable system to serve residents of the City had beeri delayed by a strike by employees of the Houston Lighting and Power Company, but it was now believed that the system would be operable by the latter part of January inasmuch as all equipment was in storage and cOn- struction would commence as soon as pole space was prepared. Mr. Loggins stated that service would first be provid~d in the southwest quadrant of the city and that it was anticipated that the entire cable system would be com- plete wi,thin ninety (90) ,days after construction is begun; Mr. -Jerry Hazelwood, Chairman, Building Code Study Committee, appeared before the Commission to review recommendations of such Committee for an increase in fees charged for permits i sS'ued by the Insp.ecti on Department. Mr. Hazelwood advised the Commission that he would be moving from the city to Denver, Colorado by the end of January and would, therefore, resign his role in reviewing Building Codes and Building Permit fees. Mr. Hazelwood reviewed a summary of random samplings that he had prepared for comparison of rates now used in the Inspection Department and those proposed by the Committee, stating that it was considered by the Committee to make the Department self-supporting. In response to- questions by members of the Commission regarding a study of the Southern Building Code and National BUilding Code, -Mr. Hazelwood responded that each of the codes had been studied thoroughly and that areas had been identified that should be deleted or amended. Mr. Hazelwood, agreed that arecommenda:tion for the adoption of a Code would be made a goal of the Committee with a recom- ' mendation to be presented to the Commission by mid-January. Mr. Joe Williams, Chairman, Parks & Recreation Board~ presented a sketch outlin- ing proposed landscaping for Liberty Hill Park as prepared by ~1r. Michael Ilse of Vernon, Henry & Associates. 'Mr. Williams reported that members of'the Parks & Recreation Board,had reviewed the landscape plans with special consideration regarding the use of pampas grass. Mr. 'Williams stated that it was the opinion of the Board that the use of pampas grass would provide contrast in texture and form to the live oak and crape myrtle'trees that'would be used, as well as acting as a buffer between the park and Bissonnet Street thereby discourage U use of the area by children for a play area because of the traffic hazards that exist on Bissonnet : 0','" , u l!) l!) (Y) m c::c <( o n 3 Motion by Commissioner Stanley, seconded by Commissioner Binig, that the pro- posed landscaping for Liberty Hill Park as prepared by Mr. Michael Ilse of Vernon, Henry & Associates, be accepted by the City Commission and the planting of the a rea be imp 1 emetited. " , Voting Aye: All Voting No: None Motion by Commissioner Dunn, seconded by Commissioner Binig, that the City Manager be authorized to advertise for bids for planting materials to be used in Liberty Hill Park, with such bids to be received by the City Commission on Monday, Janu- ary 10, 1977. ' Voting Aye: All Voting No: None Mr. Williams was requested to present a recommendation from the Tennis Association for a revi sed procedure to be fo 11 owed in the issuance of tenni s cards for 1977 , which was previously presented to the Commission and referred to the Parks & Recreation Board for consideration and recommendation.' Mr. Williams reviewed some of the problems that had been encountered by non- residents obtaining tennis cards and stated that it was hoped that the new pro- cedure would be a deterrent to'use of the city's courts by other than residents of the city. Motion by Commissioner Stanley, seconded by Commissioner Thompson, that the following fee schedule' recommended by the Tennis Association be accepted for 1977: ' $ 1 for first card (arid for replacement of damaged card) 5 for replacement of first lost card ' 10 for replacement of subsequent lost cards Fee structure for children 14 and under to be one-half of above. Voting Aye: All Voting No: None Members of the City Manager's staff will work out details to be used in, establishing proof of residency and method by which tennis cards will be issued for 1977. .. Mr. David Stanger of Stanger/Associates reviewed a contract for landscape architecture and related technical services required for the design and con- struction of Independence Park in accordance with previous action of the City Commission in its action to employ Stanger/Associates for the project. Motion by Commissioner Thompson, seconded by Commissioner Binig, that the contract for landscape architecture and related technical services for the development of Ind~pendence Park be corrected to show'that the contract'is for the development of Phase I, Independence Park, and' approved. ' Voting Aye: All Voting No:' None Ordinance Number 1078 was presented to the Commission and read in full: .L ~ "..---, . 11::1 III ;,I..rrnnr-.nnnm_IlI! . J.iIII[D_ "I. "rJ ....J::::n:.r::---w 'till, r [! ~!~allil Iml.~~lli:![III[, II I~i I. 1:1: lil"'I! ! lilli I I 11JLJlLJ~ II!, 'U jli' ,. "~'I"""W.tl~~llr,'"r+~ , , d t- ~~'.,~:j~ 4 , , AN ORDINANCE, MAKING IT A MISDEMEANOR TO ATTEMPT TO POSSESS A'USABLE QUANTITY OF MARIJUANA OF THE WEIGHT OF TWO (2) n OUNCES OR LESS OR TO ATTEMPT TO POSSESS CERTAIN OTHER DRUGS' \, ' AND CONTROLLED SUBSTANCES; MAKING CERTAIN EXCEPTIONS; PRO- VIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Motion by Commissioner Stanley, seconded by Commissioner Dunn that Ordinance Number 1078 be'approved as read. Municipal Court Prosecutor Tom Clark advised the Commission that the purpose of the Ordinance was to permit prosecution in Municipal Court for cases in- volving small amounts of drugs which were no longer accepted in the County Court.' Mr. Clark also ~aid the following benefits would be derived from pas- sage of the Ordinance: ' 1. West University officers would spend less'time in County Court. 2. People arrested have generally been freed by County Court. 3. West University's Judge will be harder on offenders than would County Court. 4. West University would also get the fine money. Voting Aye: All Voting No: None Ordinance'Number 1079 was presented to the Commission and read in full: AN ORDINANCE AMENDING SECTION 23-l9(a) OF THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, BY CHANGING THE DEFINITION OF NEGLIGENCE; AND PROVIDING AN EFFECTIVE DATE. o Motion by Commissioner Thompson, seconded by Commissioner Dunn, that Ordinance Number 1079 be approved as read. Voting Aye: .All Voting No: None Ordinance Number 1080 was presented to the Commission and read in full: AN ORDINANCE AMENDING SECTION 23~106 OF THE CODE OF ORDINANCES OF THE CITY OF WEST" UNIVERSITY PLACE, TEXAS, BY DELETING THEREFROM THE WORD PARK AND SPECIFYING THEREIN SPECIFIC STREETS AS BEING WITHIN THE SCHOOL AREA; SETTING TIME LIMITS; AND PROVIDING AN EFFECTIVE . DATE. ' Motion by Commissioner Thompson, seconded by Commissioner Binig, that Ordinance Number 1080 be approved as read. Voting Aye: All Voting No: None Ordinance Number'108l was presented to the Commission and read in full: u o AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS BY AMENDING THE DEFINITION OF PARK AREA AS DEFINED IN SECTION 23-1 OF SAI D CODE; AND PROVIDI NG . AN EFFECTIVE DATE. 5 Motion by Commissioner Binig,seconded by, Commissioner Dunn, that Ordinance Number 1081 be amended to change the distance from one hundred (100) yards to one hundred fifty (150) feet, and the Ordinance approved as amended. Voting Aye: All Voting No: . None Ordinance Number 1082.was presented to the Commission and read in full: U1 U1 (Y) CD <3: <t: AN ORDINANCE AMENDING SECTION 23;,.132 OF.THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, BY THE ADDITION THERETO OF PARAGRAPH (b); DECLARING IT TO BE A MISDEMEANOR TO PERMIT OR ALLOW THE PARKING OF ANY MOTOR VEHICLE OR PARTS THEREOF ON A LOT EXCEPT,ON AN IMPROVED DRIVEWAY; AND PROVIDING AN EF- FECTIVE DATE. Motion by Commissioner Thompson, seconded by Commissioner Dunn, that Ordinance Number 1082 be ap13roved as read. Voting Aye: All Voting No: None o Discussion on a proposed ordinance to amend the city's fence ordinance was, delayed until,the subject could be considered at a workshop meeting of,the Commission. Commissioner Binig advised the Commission that the City of Houston had made some changes in the street light signalization at the intersection of Buffalo Speedway and Bellaire Boulevard and that it was her opinion ,that officials of the school should be advised,in order that the children attending the school would know how to get safely across Bellaire Boulevard, Mayor Wallin stated that he had directed letters to Chiefs of the Police and Fire Departments requesting that each furnish the Commission, their recommenda- tions for changes in existing ordinances or the need for new ordinances to make the operation of each department more effective. Mayor Wallin advised the Commission that he had received a request from the West University Elementary School P.T.A. for assistance in replacing the cargo net used in the playground area located on the school grounds inasmuch as the area was used more extensively by area children after school hours. u Commissioner Dunn requested that the Commission consider a workshop meeting to discuss the proposed projects and priorities for the city. ' Commissioner Stanley advised the Commission that it now, appeared. as though members of the Fire Department would be included in a training class for paramedics to begin in January and that an enabling ordinance should be pre- pared. It was the decision of the City Commission that Commissioner Stanley, the City Attorney, City Manager and Fire Chief arrange a meeting to prepare. In accordance with previous instructions of the City Commission a tabulation of bids received and a recommendation for the purchase of aluminum poles and irA'. '.If:l~.J!.'t'--..{:l't.--;.., .-Hlt'" L~~~..~~----1...L ~ 11 III'~ .11111 J..!- _1_.1...111.0=-11 ill'llliI ! "III! II .f.illl I 'I ' JJii[DllIlJn~1DIIIII1III1II1 1 I' I' UJlI![J. [tlIIIL ".111"1 'eDI I ~,I l'lWI.DIIIIDW~IlIlmlJlllE[L,~ ./J11IIiI I'" i 1111 , , ,11I11 1,1 I LlJtLlIIII I, II 1111111;,11111': I, II), II III ,.,Lj.t.., ~ ,-,". ,,..1:<. ;,fu...W:krh...1. A:.__.kjA~ 6 lighting fixtures for the 'City Hall parking area was presented. Motion by Commissioner Thompson, seconded by Commissioner Stanley, that the U bid submitted by Wholesale Electric Supply Company ,for providing three (3) 19' Crouse Hinds aluminum,poles and three (3) 400 watt Crouse Hinds mercury , vapor fi~tures for $2,085.00 be accepted. Voting Aye: All Voting No: None Resolution Number 76-23 was presented to the Commission and read in full: WHEREAS, Mr. C. E. Dempsey,' employed as Police Dispatcher and appointed Deputy Clerk of the Municipal Court ,of the City of ~Jest University Place, Texas, has resigned his employment with the city; and WHEREAS, Mr. Ray Crowell, employed as Police Dispatcher and appointed Deputy Clerk of the Municipal Court of the City of West University Place, Texas, has resigned his employment with the city; and ,WHEREAS, Ms. ,Marion Louise Decker and Mr. Michael Howard Leonard have been employed as Police Dispatchers, and are qualified to assume the duties of Deputy Clerk of the Municipal Court. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY _OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Ms. Marion Louise Decker and Mr. Michael Howard Leonard' be, and they are hereby, appointed Deputy Clerks of the Municipal Court of the City of West Univers,ity Place, Texas. Section 2., That the appointment of Ms. Marion Louise Decker and Mr. Michael Howard Leonard as Deputy Clerks of the Municipal Court of the City of t~est University Place, Texas, shall be effective with'the passage of this Resolution and that they shall assume the assigned duties of Deputy Clerk after having been administered the proper Oath of Office. Motion by Commissioner Thompson, seconded, by Commissioner Dunn, that Resolution Number 76-23 be approved as read. Voting Aye: , All , Voting No: None Resolution Number 76-24 was presented to the Commission and read in full: WHEREAS, on November 9, 1976,'a diesel powered 1976 Ford truck mounted with a packer body, and used in the Sanitation Department, was in route to the sanitary landfill, 9610 Ruffino Road; and WHEREAS, the truck slid into a ditch on the service road inside the landfill site on city propertY;dand ' WHEREAS, considerable damage, was caused to. the engine, truck frame and body; and. o u [J LD LD (Y) co <:( <( o [J 7 WHEREAS, it was necessary that the truck and packer body be repaired and restored ,for service, the City Manager authorized the Superintendent of the Sanitation Department to'have the truck towed to South Loop Ford, Inc., Loop 610 and Almeda, for repairs; and WHEREAS, it was considered desirable to have the South Loop Truck, Inc. to make the repairs as said firm sold the truck to the city, and since the truck is still under warranty, a certified Ford dealer should make the necessary repairs in' case of failure of warranty parts in the future; and WHEREAS, South Loop Ford, Inc. has estimated it will require $2,500 for placing,the truck in, operable condition. , , , , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: That the action taken by the City Manager to authorize repairs of the truck and body by South Loop Ford, Inc. in the estimated amount of $2,500 be ratified and confirmed. Motion by Commissioner Stanley, seconded by Commissioner Thompson, that Resolu- tion Number 76-24 be approved as read. Voting Aye: All Voting No: None The Commission was advised that the sale of a 1947 Ameri~an LaFrance fire truck authoriz~d on October 25, 1976,~had not been publicly advertised and a request presented for another date on which to receive bids. Motion by Commissioner Thompson, seconded by Commissioner Stanley, that the City Manager be authorized to advertise for bids for the sale of one 1947 , American LaFrance fire truck, with such bids to be received by the City Com- mission on January 10, 1976. Voting Aye: Binig, Dunn, Stanley Thompson Voting No: Wallin The Commission was advised that Hous-Tex Fence & Home Improvement Company had made the requested changes and additions to the fence which was recently constructed at Wier Park and that the $500.00 withheld by action of the City Commission on October 25, 1976, should now be approved for payment. Motion by Commissioner Binig, seconded by Commissioner Dunn, that Hous-Tex Fence & Home Improvement Company be paid the sum of $500.00 as final payment for fence construction at Wier Park. ' ' Voting Aye: All Voting No: None The CityManager was instructed to follow previously established procedure in the distribution of insurance premium commissions to qualified insurance agents residing in the city after advising the Commission that such distri- bution is made on an annual basis. It was suggested by the City Commission that members of the Insurance Committee be requested to furnish the names of L---...-------.I..L 'I I.~ I\lr.--j ........L _.-=c:wlJ.... I 'Il' t I I..J[j ] I I leI ;][TliIIIllll1l1111T11m--.llI! . ! ImIL:."!u J:J: 1:llilJlllil I, jUl.~~jH:III,II,1 111111 i i . :1 ; II! Ii 'Uillll , IlIJLLJli I I : I ,Ii,I, , ' III U ", I _..~ .,~"i. . , ;""1 "If ..l-i'- I' I 8 any additional agents who may be eligible to participate in the distribution of the commissions. After being advised that Mr. Ben Greene had telephoned the office of the City U Manager and ~equested that he be replaced as Presiding Judge for Precinct No. 87 for the city election to be held on January 15, 1976, the following action was taken by the City Commission: Motion by Commissioner Thompson, seconded by Commissioner Binig, that in view of Mr. Ben Greene1sstatement that he would be a candidate for the position of City Commissioner in the election of January 15, 1977, that his resignation as Judge for Precinct No. 87 for the city election to be held on January 15, 1977 be accepted, and that Mr. Vincent Fromen be appointed to serve as Presiding Judge and Mrs. Bessie Schadler as Alternate Judge for said Precinct 87 for the city election to be held on January 15, 1977. Voting Aye: All Voting No: None The Commission was advised that inasmuch as the general city election had to be postponed until January 15, 1977, Comiskey Insurance Agency had been requested to extend Public Official Bonds on each of the members of the City Commission until January 31,1977. The Commission was advised that Mayor Paul Wallin and City Manager Whitt Johnson had attended a meeting at the Texas Highway Department at which, time they were advised that Blackburn Electric Company of Fort Worth had been awarded a con- tract for the signalization on Buffalo Speedway. A work order is to be issued on January 5, with work to commence approximately February 1st and requiring seventy (70) working days for completion. ' Upon being advised that a letter had been received from the Community Development Agency requesting that the city join with Harris County in a grant application for the year 1977, the City Manager was instructed to prepare a letter for ~1ayor Wallin's signature indicating the city's intent to join with Harris County for participation in a grant application. Minutes of the regular meeting of the Zoning Board of Adjustment on Thursday, November 18, 1976, were presented to the Commission for their information. Minutes of the-regular meeting of the City Commission on November 22, were presented to the Commission,for consideration and the following action taken: Motion by Commissioner Dunn, seconded by Commissioner Thompson, that minutes of the regular meeting of the City Commission on November 22, 1976, be cor- rected to show that Mrs. Wallin assisted Commissioner Bini~ and Mrs. J. B. Thompson with preparations for a carolling party 'and decoration of a tree on the City Hall lawn, and approved as corrected. o Voting Aye: All Voting No: None With no further'business to come before the Commission at this time, upon motion duly made, seconded and carried~ the meeting adjourned at 11:45 p.m. n m U LD LD (Y) (l) c::c c::c 0.: ., n ATTEST: ~'~d '. t City Secretary , Asslstan , , --"" " , 9 .. n .... .c- _;i ~JJL('JCU~ r- '~ ~r ~C,l]Jl]n II ' :J1IQJIIIIIIIIUI1III[[]]!flj[l:n . II ' I 11[1: , III I LICe]1 --,- "~r 11111 'I' III II II III U I;" '.!-, .,1 10 REGULAR MEETING OF CITY COMMISSION December 27, 1976 n The City Commission convened in regular session at the City Hall on Monday, December 27, 1976, 7: 30 p. m., with the fo 11 owi ng members present: t1ayor Pro- Tem Mary Ann Binig, presiding; Commissioners Dunn, Stanley and Thompson. The City Attorney and City Manager were also present. Mayor Wallin was absent. The Invocation was pronounced by Commissioner Dunn. Mr. Charles Gillian, 3620 Georgetown and Mr. John Sieber, 3621 Georgetown, ap- peared before the Commission to express their concern with the re-paving of Georgetown following the construction of the storm sewer project. Mr. Gillian stated that sometime ago he had addressed a letter to Mayor Wallin on this sub- ject, but had not received a reply to such letter. Mr. Gillian and Mr. Sieber were advised that hot asphalt mix applied too cold was responsible for the condition of Georgetown and that sufficient funds had been withheld from payment of Estimate No. 1 and Estimate No. 2 submitted by the contractor to assure satisfactory completion of the project prior to final acceptance of the project by the city's consulting engineer and the City Commis- sion. Mr. Gillian was assured that his letter would be answered and that the condition of Georgetown Street was included on a "punch list" prepared by the consulting engineer for correction. Resolution Number 76-25 was presented to the Commission and read in full: WHEREAS, an election was held on February 10, 1976, which authorized the issuance of General Obligation Bonds of the City of West University Place in the amount of $1,700,000.00; and WHEREAS, a sale of said bonds was made by the city on April 8, 1976; c and WHEREAS, thereafter said bonds were printed and delivered to the re- spective purchasers thereof; and WHEREAS, the city has been advised by Rotan, Mosle, Inc., that Bond Nos. 153,154 and 155, with coupon No.1 dated October 1,1976, and >:all sub- sequent coupons attached to such bonds, have been lost; and WHEREAS, Rotan, Mosle, Inc. has requested that new bonds be 'issued to replace such lost bonds and has tendered to the-city a properly executed indem- nity bond in the amount of $20,280.00; and WHEREAS, the City Commission of the City of West University Place, Texas is willing to replace the lost bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Hart Graphics & Office Centers, Inc. of Austin, Texas, is directed and authorized to print replacement bonds bearing the following legend, u n U1 U1 (Y) en <C <C o D II' ' I 11 "R153, R154 and R155, City of West University Place, Texas, General Obligation Bond, Seri es, 1976" and such bonds with coupons attached shall be in the form as the original bonds which they are replacing. Upon the printing of such bonds they shall be delivered to the Mayor:of.the City of West University Place"Texas for approval and signing. ' Section 2. That such replacement bonds shall be of like tenure and ef- fect as the bonds which they are issued to replace, except that such replacement , bonds shall be dated April 2, 1976, and shall be signed manually by the Mayor hold- ing office at the time of the issurance of the replacement bonds. Section 3. Such replacement bonds shall be submitted to the Attorney General for his approval and thereafter submitted to the Comptroller of Public Accounts for registration. Section 4. That, the paying agent, First City National Bank of Houston, Texas, is hereby authorized and directed to pay said replacement bonds R153, R154 and R155 upon maturity and presentation for payment. ' Section 5. That all expenses of the issuance of said replacement bonds shall be borne completely by the owner of said bonds. PASSED AND APPROVED this day of , 1976. Motion by Commissioner Thompson, seconded by Commissioner Stanley, that Resolu- tion Number 76-25 be approved as read. Voting Aye: All Voting No: None 'Ordinance Number 1083 was presented to the Commission and read in full: '- AN ORDINANCE AMENDING SECTION 20-1 OF THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; SPECIFYING THE LOCATION OF CURB CUTS AND RETURNS; SPECIFYING THE WIDTH OF CURB CUTS AND RETURNS; PROHIBITING COVERING THE ISLAND WITH HARD SURFACING MATERIAL; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: \ Section 1. That Section 20-1 of the Code of Ordinances of the City of West University Place, Texas, is hereby amended so that hereafter said Section 20-1 shall read as follows: "Secti on 20-1. Constructi on of dri veways, returns' requi red - On paved streets; general specifications. A. All persons owning property abutting on paved streets in the city shall construct or cause to be construtted, at their own cost and expense, returns or driveways paved with brick, stone or other material, leading from curb line to the property line on such lots as may be necessary to enter any vehicle from the street, on such grade and under such specifications as may be furnished by the city engineer, Where there is no existing curb, concrete or other 1- ~L------...LU_ . ~---...il. ;I ,~ II!III I. . I _ . J...JllUl ---..L.........i I I-II ] II ' eJlIlITIIIIllBIIIIIIIim.uJIII ] , IliII[1 , 1111] I . i lI-l1JIJ "I 1]1] ..J]II!il , I JIIl"WII!lIIIlIIHI!lllI:IJIII:n ' I I I :1 1 - I-I ,: L-JIlj;Jl 'I 1 l';I,--::I~r- TI 1]1 ~r' 1 Ji \t I' ,j Hl.~I~.~L~-"-",;,t~.,~.. . '-.ml.J,.;,] 12 , ,.III!'" permanent pavi ng shall ,not be authori zed for the porti on of the driveway to be constructed between the street and the property line. In doing such work, property owners shall have the right to cut down the curb wall, but only as directed by the city engineer~ It shall be the duty 'of the city engineer, on the application of any property owner to furnish the correct grade for said proposed returns or driveways free of cost, and the work of constructing said driveways shall be done under his supervision. B. Only one return and curb cut shall be permitted on lots being less than sixty (60') feet in width measured along the front pro- perty line. C. Where there is more than one return and curb cut on a lot, said returns and curb cuts shall meet the following specifications: (1) Each return and curb cut shall be ~ocated a minimum distance of two (2') feet from the side property line. (2) The width of the returns and curb cuts (width of driveway) shall be fourteen (14') feet. (3) There shall be a minimum distance of twenty (20') feet be- tween the inside edges of the returns and curb cuts so as to provide an island with a width of a minimum of twenty (20') feet measured at the curb line and said island area shall not be covered by or with concrete, asphalt or other hard surfac- ing material. (4) Both sides of said driVeway shall be perpendicular from the curb line to the property line. Section 2. This ordinance shall take effect and be in force immediately from and after its passage and approval as required by law. PASSED AND APPROVED this day of , 1976. Motion by Commissioner Thompson, seconded by Commissioner Dunn, that Ordinance Number 1083 be amended So that Section 1 (C) (3) shall provide for a minimum distance of twenty-eight (28') feet between the inside edges of the returns and curb cuts. Motion amended by Commissioner Thompson, accepted by Commissioner Dunn, that the width of the island shall be a minimum distance of twenty-eight (28') feet and that the wi dth of the returns a,nd curb cuts be fourteen (14 I,) feet and the width of the driveway shall bea maximum of fourteen (141) feet. Voting on the motion as amended. Voting Aye: Binig" Dunn Thompson Voting No: Stanley u o L n LJ U1 U1 (Y) m <C <C f!l U rrl LJ 13 Ordinance Number 1084 was presented t~ the Commission and read in full: AN ORDINANCE AMENDING, SECTION 6-39 OF THE CODE OF ORDINANCES OF THE CITY OF~WEST UNIVERSITY PLACE, TEXAS; SPECIFYING THE MAXIMUM HEIGHTANblOCATION OF FENCES; ADDING'SECTION'6-55 PROHIBITING VARIANCES TO THE PROVISIONS OF THE CODE RELATIVE TO FENCES AND WALLS; AND PROVIDING AN EFFECTIVE DATE: BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ': Section 1. That Section 6-39 of the Code of Ordinances of the City of West University Place, Texas, is hereby' amended so that hereafter said Section 6-39 shall read as follows: "Section 6-39. Maximum height. (a) No fence or free standing wall may be constructed on any private property exceeding six (6') feet in height, except as provided in sub-paragraph (b) below. (b) A fence not to exceed eight (8') feet in height may be constructed on the property line between a'lot zone for single family dwelling use and lot zoned for any other use and said fence may extend to the front property line of the lot zoned for single family dwell ing use. I,' Section 2. That Section 6-55 is hereby added to the Code of Ordinances of the City of West University Place, Texas, and said Section 6-55 shall read as follows:, ' , "Section 6-55. No city official nor city employee is authorized to grant or permit any change or variance of the express,provisions of the Code of Ordinances specifying the location or con- struction of fences." Section 2. This ordinance shall take effect and be in force immed- iately from and after its passage 'and approval as required by law. PASSED AND APPROVED this day of ,1976. Motion by Commissioner Thompson, seconded by Commissioner Dunn, that Ordinance Number 1084 be amended to read "front pro.perty line" in Section 6-39(b) and that Section 6-55 be deleted from the ordinance. Voting No: Stanley Voting Aye: Binig Dunn Thompson City Tax Assessor/Collector Robbfe Barnett advised the Commission that he had ~ -' __--'--~.LL:1""_.. ." I I "''''Jt::-.. I II - ll:i1HI['IimTI'IIIUT...ITTlllm_.mr IlllHt::: !In I" 'I. JlI 'lJlll!i! JnI"IIIIlIU]U~[[!]!1!lIIl[!I, II [ , ,,!IIi I i I I II; ; II' II I L 'LI1l11 I I' I 1',lm\"d,1I1 I' II, II II! -rT n" ~~. . ","..d';'::';,~:..,t.. ~i~ 14 been unable to prepare a delinquent tax roll to be presented to the Commission at this time and would have such roll available for the next regular meeting of the City Commission on January 10, 1977. The 1976 tax roll, as prepared by City Tax Assessor/Cbll ector Robbi e Barnett and certified by members of the Tax Board of Equalization was presented to the Com- mission for consideration. n Motion by Commissioner Thompson, seconded by Commissioner Dunn, that the 1976 tax roll as prepared by the City Tax Assessor/Collector and certified by members of the Tax Board of Equalization be approved as submitted. Voting Aye: All Voting No: None Ordinance Number 1085 was presented to the Commission and read in full: AN ORDINANCE AMENDING ORDINANCE NUMBER 1046 WHICH APPROVED THE BUDGET OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS FOR THE FISCAL YEAR BEGINNING JANUARY 1,1976, AND ADOPTED ON' AUGUST 25, 1975~ ' Motion by Commissioner Stanley, seconded by Commissioner Thompson, that Ordinance Number 1085 amending' the Budget of the City of West University Place for the fiscal year beginning January 1; 1976, be approved as submitted. Voting Aye: All Voting No: None The Commission was advised that some items included in the 1976 budget had not [J been received or had not been billed and it would be necessary to encumber funds from such budget to make payment'when required. Motion by Commissioner Thompson, seconded by Commissioner Dunn, that the follow- ing funds be encumbered for the following purposes authorized in the 1976 budget but not expended and,that said funds be made available for expending during the fiscal year 1977: CRT Teletype . Fire Truck Pumper Equipment UHF Radio for Ambulance 'Stacking Chairs Banquet Tables Master Metering at Water Plant Police Department Fire Department Fire Department Fire Department Community Building Community Building Water Department $ 1,500.00 19,500.00 490.00 600.00 775.00 450.00 7,153.00 TOTAL 37,868.00 Voting Aye: All Voting No: None An invoice received from Bayshore Engineers, Inc. in the amount of $2,780.47 for inspection services on the storm sewer project and construction staking was presented to the Commission for consideration. Motion by Commissioner Dunn, seconded by Commissioner Stanley, that Bayshore Engineers, Inc., be paid the sum of $2,780.47 for storm sewer inspection services u c LO LO cry m <C <( o u 15 and construction staking. Voting Aye: All Voting No~ None . , , ,<:.. . The Commission was advised that official notification had been received from the Department of Parks and Wildlife of approval of the city's grant applica- tion for Bureau of Outdoor Recreation Funds for use at Colonial and Independence Pa rks . Invoices in the amount of $4,638.53 for professional services rendered between the close of business September 23, 1976 and December 8, 1976 including com- pletion of plans and specifications for Colonial Park Recreational facilities and $69.75 for preparation of a drafting diagram for inclusion with the circu- lar driveway ordinance, submitted by Mitchell, Carlson & Associates, Inc. were presented for consideration. ' In response to an inquiring from Commissioner Dunn concerning a request made to the City Commission by Mr. Thomas l.Jilson regarding setback provisions of an ordinance regulating the location and construction of swimming pools, which the City Attorney had recommended be referred to the Zoning Board of Adjust- ment, Mr. Dunn was advised by the'City Attorney that he 'would address a letter to such Board settingfo:th his opinion. Assistant City Manager Richard Rockenbaugh was requested to meet with the City Commission in workshop session on Monday, January 3, 1977, to discuss his ef- forts in locating possible candidates for'the position of Recreation Director. , , Commissioner Stanley reported to the Commission that'City Attorney Charles Cockrell had researched ordinances of the' City of Houston for'guidelines in the preparation of an ambulance ordinance arid it was hoped that such ordinance would be presented for consideration by the City Commission at its regular meeting on January 10, 1977. -MayorPro-Tem Binig advised the Commission that a request had been received that the City Commission consider closing Bissonnet Street at its intersection withWroxton and' Albans on a semi-permanent basis and removing the barricade that had been erected as a safety precaution when the street was closed. The City Manager was instructed to make recommendations to the Commission at its next regular meeting. The Commission was advised that specifications should be prepared and a request for bids prepared on certain items of equipment for which funds are provided in the 1977 budget and for which some delivery time may be required. " Motion by Commissioner Thompson, seconded by Commissioner Stahley, that the City Manager be authorized to advertise for bids for the" following equipment for which funds are provided in the 1977 budget, ,with such bids being received by the City Commission on Monday, February 14, 1977: ill : ~ ", ~'1: rq .: J T [ r' I ill 'I ~I....d.LJIIl111 Ilijil' it ;/: ,ilL I ~l'JIIII' , I III 1111 iIIIIIlRII WIIIIIIIIIIII Imnl! 11111 .IUlm jllil~I1~~1JULJjJ ,jl'!. 16 Equipment' 4 Patrol Cars 3 Emergency Light Bars Radio Remote Unit 500' .:.. 2~" Fire Hose 300' - l~" ..Fire Hose 1 - 24,000 gvw Cab & Chassis 1 - Pickup Truck 1 - Vacuum Fan 1 - l~ ton Pickup Truck 5 - Fire Hydrants' 2 - l~" Centrifugal' Pumps 1 - l~ ton Pickup Truck 1 - Cab & Chassis 2 - 25,500 gvw Cab & Chassis Mechanical Brush Chipper Voting Aye: All 1:1 .11 Ii lllW , iltillJLJll' 'I: Ii, ii, i , I 'I " 1 I, I IlLlJ ,j, "~,,',",',,i .:,1,.;'III~,:iJ!:fLJ!;,L:}FlI ~ _: .~L..~ 1 ,::...~j Department Police Police Fire Fire Fire Street Street Street Water Water Water Sanitati on Sanitation Sanitation Sanitation Budgeted Amount $ 13,000.00 900.00 600.00 1,000.00 425.00 8,000.00 3,500.00 600.00 3,900.00 2,000.00 900.00 3,700.00 10,000.00 26,000.00 6,500.00 n Voting No: None The resignation of Mrs. Gail Carstens as Presiding Judge of Precinct #183 for the city election to be held on January 15~ 1977, inasmuch as her husband will be a candidate oil the ballot was presented to the Commission. Motion by Commissioner Thompson, seconded by Commissioner Dunn, that in view of the written resignation of Mrs. Gail Carstens dated December 14, 1976, as Presiding Judge of Precinct #183 for the January 15, 1977 election due to the 0 fact that her husband, Daniel, will bea candidate on the ballot, be accepted and that Horace Rice be appointed to serve as Presiding Judge and Mrs. Nell Lee, Alternate Judge for Precinct #183 for the city election to be held on January 15, 1977. ' , Voting Aye: All Voting No: None The Commission was advised by the City Manager that proposals had been received from the following four (4) engineering firms for surveying services of the In- dependence Park site: Aztec Engineering Company, The Fisher Company, Inc., W. Harry Padgett Surveyors, Inc., and Topo Company. The City Manager recommended that Aztec Engineering Company be employed on their proposal of $1;325.00 and advised that he had discussed the selection of Aztec Engineering Company with Mr.'David Stanger and he concurred in the selection. Motion by Commissioner Stanley, seconded by Commissioner Thompson, that the firm of Aztec Engineering Company be employed to furnish a certified land survey of the Independence Park, Phase I site for a total fee of $1,325.00. Voting Aye: All Voting No: None The City Manager presented a demonstration of a disposal paper bag proposed U for use in the removal of trash and garbage; a recommendation that such system be used on a trial basis; and the following list of advantages of such system: LO IS) (Y) CD <( <( 17 1. Eliminates spillage from can and blowing of garbage from trucks. 2. Eliminates bending of garbage cans and lids. 3. Eliminates unsanitary chore of cleaning the garbage can. 4. Eliminates noise -of collection~ ' , ' 5. Eliminates the cost of buying garbage cans at $4.00-$7.00 per can. 6. Eliminates cans from being blown away on windy days. 7. Eliminates breeding places for flies, mosquitoes, rats and oth~r disease carriers. 8. Eliminates odors produced from residue collecting on cans. 9. Neat appearance. , 10. Sacks weight much less than the old metal can arid are much ,easier to handle. 11. Sign ifi cant number of. man hours can be saved for the ci ty . 12. C61lector - injuries, sanitation~ health. 13. After pick-up your street is as clean as before refuse was put out for collection. Following the demonstration and recommendation, the City Manager was instructed to set up a test area for a trial period. Minutes of the regular meeting of the Zoning and Planning Commission on December 14, 1976, were presented to the Commission for their information. Minutes of the regular meeting of the Electrical Board on December 20, 1976, were presented to the Commission for their information. Minutes of the regular meeting of the City Commission on December 13, 1976, were presented and the following, a~tion taken: Motion by Commissioner Thompson, seconded by Commissioner Dunn, that miriutes of the regular meeting of the City Commission on Monday, December 13, 1976, be approved as submitted. Voting Aye: All VottngNo: None With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 10:15 p.m. ATTEST: tit /l 7J. W-' w'J-vn. / ~L/ '{I . (Jayor Pro~ rem (j ~X~~ Assistant City Secretary . ' r::_.1_'.:.=:IE~=~==-":::':""""":::::1 , 1::: -, ""~=r:"",'~,",,",:~:=-rJ:.::' ~::1-.~.~~~lr- --- -- - rTr-"'~':rJm'JJrwlnIIIDII:llll.uIlr"-" 'mIT'~~