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HomeMy WebLinkAboutMinutes_1978 n LD LD (Y) CD <:( <:( n LI n LJ 231 REGULAR MEETING OF CITY COMMISSION January 9. 1978 The City Commission convened in regular session at the City Hall on Monday, January 9,' 1978,7:30' p.m., with the following meinberspresent: Mayor Dunn, presiding; Commissioners Greene, Parks and Sellers. The City Manager was also present. Commissioner Thompson was absent. The Invocation was pronounced by Commissioner Sellers. CommisslonerThompsonarrived at the meeting at this time. In accordance withprevious'actionof,the City Cominission, bids received for delivery and installation'of a dumbwaiter for use as a booklift at the West University Library were opened and results announced as follows: . Bidder Lumu'Sum Bid BuieBuilaihg< Material Co. Houston'Elevator'Service, Inc; (AI ternate Bid) A. D. Lang Company, Inc. W . E.' WobdruffCorilpany $ 7,965.0'0 7,80'0.00 5,80'0.0'0' 8,639.0'0 7,50'0'.0'0 It was ascertained from Mr. Doyle Johnson, Sales Engineer for Houston Elevator Service, Inc. that the alternate bid submitted by his firm was fora much smaller dumbwaiter and would not meet the 250' pound capacity provision of the specifications. Motion by Commissioner Sellers, seconded by Commissioner Parks, that bids re- cei ved for delivery and installation of adtnnbwaiter for use as a booklift at the WestUniver'sity Library be referred to the CityMaIiagerand Librarian for' study' andrecommendatioil, and the low bid-be accepted if determined that all provisions of the specifications were met. Voting Aye: All Voting No: None Ordinance Number 110'5 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 SEC- . TIONS TO BE NUMBERED AS SECTION 11-2.2, SECTION 11-2.3 AND .' SECTION 11-2 ~ 4 PROl:iTBITING SMOKING IN THE < CITY OF WEST UNI- vERsITy PLACE COLONIAL PARK RECREATION BUILDING, ADJOINING AREA OF THE POOL DECK AND CONNECTING CORRIDOR FROM THE BATH- HOUSE"TO THE INFLATED STRUCTURE; PROVIDING, HOWEVER, THAT SMOKING IS PERMITTED IN THE AREA ADJOINING THE POOL WHEN THE INFLATED STRUCTURE IS NOT ERECTED;PROVIDING.FORTHE ERECTION AND SIZE OF "NO SMOKING" SIGNS; ANDPROVTDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: n 1111111 1 il Ii I I: i <I ' !: ;':tf!1U:_WllllIII-': '1111." 1 n '..'ilTIlmnnnornn....I... ....I!II I . .IIIUUIUUlIJUOEI, .! 'I I . ......llllllBl~mf') " Ii . I I I ~ ~ ~ LUJ III 'r r- iT 232 Section 1. That the Code of Ordinances of the City of West University Place, Texas, is hereby amended by adding Sections to be numbered 11-2.2, 11-2.3 and 11-2.4, which said Sections shall read as follows: , ........., f ( : ' "Section 11'-2.2: It shall be unalwfu1' for any person to smoke or carry 'a lighted' cigar, cigarette, pipe, or deposit a smoking. substance in the Colonial Park Recreation Building;' and that the same "No Smoking"'regulations shall apply to the pool deck and corridor when the inflated structure is erected over the swimming pool, deck and connecting corridor;" , I ' U "Section ll-2.3: ' "No Smoking"'signs shall consist of letters of a minimum height of four (4") inches on contrasting back- , ground 'and said signs shall contain the words, "Prohibited by City Ordinance" in letters one' (III) inch high'. II "Section ll-2.4: Smoking will be permitted on the pool deck and adjoining pool area when the inflated structure is not erected." Section 2. It shall be the duty. and r~sponsibi1i ty of the Fire Chief and/or Fire Marshall to see that the "No Smoking" signs as specified herein are installed and maintained. Section 3. This ordinance shall take effect and be in force imme- diately from and after its passage and approval as required by law. day' of , 1978. PASSED AND APPROVED this Motion by Commissioner Parks, seconded by Commissioner Sellers, that Ordinance No. 1105 be approved as read. , i "---' Commissioner Thompson stated that he agreed that smoking should be prohibited in certain 'areas where it could present a problem such as the inflated structure and the handball courts', but he saw no. reason why smoking should be prohibited in the office area, dressing rooms and meeting room. Voting Aye: Dunn Greene Parks Sellers Voting No: Thompson The following list of agents who requested that their names be certified as being eligible to participate in the premium distribution of commissions paid on insurance premiums by the city during the year 1977 was presented to the Commission: NAME ADDRESS' FIRM Charles Brown James E. Cornelius Wynne L. Creekmore Joe O. Eason 'Aubrey L. Frey Wayland Hancock 6535 Sewanee 6430 Buffalo 3759 Tangley 3777 Nottinghani 3008 Rice 3909 University Charlie Brown Agency Cornelius & Associates Creekmore & Jacobs Danvers-Eason Insurance , Aubrey Frye & Company Wayland Hancock Ins. Agency i ~ n Ln LD (Y) a:l <( <( c n Li NAME ADDRESS George L. Hawkins T. P. Hewitt Fred E. Hughes Stephen E. Kane J. A. Measom Robert B. Overstreet S. W. Ramey Jack Rawson Fred A., Rhodes,Jr., R. J. Waldt Joe L. Williams 3514 Cason . '3755 .Tangl~y 4016 Villanova 3413 Georgetown 3129 Robinhood 3113 Pi ttsburg 3409 Rice 3819 Bissonnet 2929 ,Bissonnet 5932 Auden 3112 Lafayette ElID:1 233 Blaine & Company T. P. Hewitt & Son Fred Hughes & Company The Kane Agency J. A. Measom Agency Broadfoot & Overstreet John L. Wortham & Son ,Jack Rawson Agency Fred Rhodes & Company Wayland Hancock Ins. Agency Sol 1. Wisenberg Motion bY Commissioner Thompson, seconded by Commissioner Sellers, that the list of insurance ~gents as set out in a letter dated January 9, 1977, be approved and such agents certified as being eligible to participate in the premium distribution of commissions paid on insurance premiums by the city during the year 1977. Voting Aye: All Voting No: None The Commission was advise.d that in accordance with the prov~sions of Article XXVI, Section 15 of the City Charter it was necessary that a newspaper be designated as the official newspaper for the city for the year 1978. News- paper advertising rates for the Southwestern Argus, Houston Post and Houston Chronicle were presented. . Motion by Commissioner Parks, seconded bX Commissioner Thompson, that the Sout4western Arg4s,Bousto~'Post and Houston Chronicle be designated as official newspapers for the city for the y~ar1978; Voting Aye: All Voting No: None An invoic~ from the Houston-Galveston Area Council in tbeamount of $532.68 for membe;rshipdues from January 1, 1978 th.rougl1 De,cember 31, 1978, were pre- sented. for consideration.:': 0(, ' Motion by Commissioner Parks, se~ondedby Commissioner Thompson, that ,the city continue its membership in the Houston-Galveston Area Council and membership dues in the amount.of $532.68 be approved for payment. Voting Aye: All Voting No:, None Mayor Dunn presented a review of the provisions of the City Charter and Code of Ordinance with regarq to assigning ,the. activities and responsibilities of the Humqne Officer to the Police Department noting that there was no prohibi- tion ~o such assignment. Chief of Police Bill Norman advised the Commission that a cost of approxlmate1y $6,300.00 would be required for the purchase of a 1977 model van with a ten foot cargo capacity ,behind the seats to be used by the Humane Qfi:ic;er and a crime scene laboratory. Chief Norman explained that it was contemplated that the unit would ,be operated qaily for two shift,s, 8: 00-4: 00 and 4 : 00:"12: QO manned by rookie patrolmen who could respond' to 'any calls requiring the crime lab while on patrol, and could gain experience to become'patro1men. .L I' I 1I11i1'""l1_~_. ~.J....Ll ---'~ I I I "~,IR'__III-.r- J 'j. liIliIIlllJIlllIlllDllDl-'1 . 1I1l0. Ill.!, ,r .III1IU!1UlJlIlJIllllll., . JmlIIlIllllll.iIl!H:I I I I Ilil LllI!ll " \.' II 234 The Commission discussed at length the cost of the proposal; re-assignment of the present Humane Officer; additional personnel that would be required; de- sirability of a crime laboratory; and the feasibility of such proposal. Motion by Commissioner Thompson, seconded by Mr. Greene, that the City Manager i be authorized to advertise for bids for a van with a ten foot cargo capacity ~ with such bid to be received by the City Commission on February 13, 1978. Motion amended by Commissioner Sellers, accepted by Commissioners Thompson and Greene, that bids also be received for delivery of a pickup truck in order that price ,comparisons can be made. Voting Aye: All Voting No: None ,- Ordinance Number,li06 was presented to the Commission ,and read in full: AN ORDINANCE AMENDING ORDINANCE NUMBER 1069 WHICH APPROVED TtJ:E BUDGET OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1977, AND ADOPTED ON AUGUST 23, 1976. Motion by Commissioner Thompson, seconded by Commissioner Sellers, that Ordi- nance, Number 1106 be approved as read. Voting Aye: All Voting No: None The Commission was presented a-Lease Agreement between the City of West Uni- versity Place and Tomasco, ,Inc. for lease of a strip of land 40' x 100' on city owned property on Dinkins Street. The lease is fora six-month period' with an option for an additional six (6) months at $500.00 for the total lease payable in monthly installments. i I ~ Motion by Commissioner Thompson, seconded by Commissioner Sellers, that the Lease Agreement with Tomasco Investments; Inc. be accepted by the City Com- mission and Mayor Dunn authorized ,to execute the Lease Agreement, subsequent to the addition of a "tenant at will" clause. Voting Aye: All Voting No: - None Mayor Dunn advised that resumes had been received from David Allums, Horace Rice, Tom Clarke and Rick Nuffer for the position of City Attorney and Con- sideration should'be given to employment af a new City Attorney at a work- shop session of the City Commission. It was the decision of the City Commission that ,a Notice should be posted for a workshop session on Thursday, January 12th and the agenda show inter- view of candidates for the position of City Attorney and consideration of a final invoice received from Mitchell, Carlson ,and Associates for professsional services on Colonial Park. City Manager Whitt Johnson advised the Commission that he had investigated electric meter installations at thE) townhouse ,development located at Cason and Bellaire Boulevard constructed by Bravo Construction Company with,Inspec-~ I I . , I ~ n LD LD (Y) CD <( <I: c Ii , I I L: 235 tor Wayne Perry and that it was his oplnlon such installation was in violation of the Zoning Ordinance, and that he. would like to have a legal opinion regard- ing the installation t s location,._ Motion by Commissioner Parks, se~Qn4edby Commissioner Thompson~ that the City Manager be .authorized to engage the services of forme~ C~ty Attorney Charles Cockrell to give an opinion. Voting Aye: All Voting No: None Commissioner Sellers advi~ed.the Co~ission that she had visited with Mrs. Joy Hall, President, West University El~mentary School PTA, regarding a progrqmto determine safe rout~s to school for the safety of the chilren. Mrs. Sellers stated that she had advised Mrs. Hall to include City Engineer David Steitle in her program inasmuch as he was serving as the city's ,traffic engineer. .. , Minutes of 'the regular meeting.of the Zoning and Plapning Conunission on Decem- ber 13, 1977, w~re presented to the Co~ission for their information. Minutes of the regular meeting of the City Commission on December 28, 1977, were presented for consideration and the following action taken: Motion by Commissiqner Sellers, ,seGonded by Co~ission~r Thompson, that minutes of the regular meeting of; the city Commissiqnon December .28, 1977, be app:r;oved as submitted.' , .. Voting Aye: All yoting No; Non~ With no further business to come before the Commission at this time, upon motion duly made, s~conded ~nd carried, the meeting adjourned at 10:00 p.m. ATTEST: rM:j4e.~ Assi tant City.Secreta:r;y .. III I I IILIITI III, -4-L~ Mayor . .LJ J Ii 1'-1NIIIl~IUllldll : ',' 'illllllllDDIBIIIII' i .. 1111' Ill.' , I _IIIIIUUUmlllllll " _III_111m';, II I '111 I 1:1 ill II 236 REGULAR MEETING OF CITY COMMISSION January 23, 1978 The City Commission convened in regular session at the City Hall on Monday, January 23, 1978, 7:30 p.m., with the following members present: Mayor Dunn, presiding; Commissioners Greene, Sellers and 'Thompson. . The City Manager was also present. Commissioner Parks was out of the city. I i ~ The Invocation was pronounced by Commissioner Thompson. Mayor Dunn 'advised that members of the City ,Commission were aware of a need for assistance in making long range plans for the future of the city and had selected members of a Long Range Planning Committee to provide such assistance. Resolution Number 78-1 was presented to the Commission and read in full: A RESOLUTION.CREATING A LONG RANGE PLANNING COMMITTE OF THE CITY OF WEST UNIVERSITY ,PLACE; DEFINING THE DUTIES OF SUCH COMMITTEE; PROVIDING THE LENGTH OF SERVICE; APPOINTING CER- TAIN PERSONS TO SERVE AS MEMBERS THEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission wishes to avail itself of advice and guidance in planning the future of the City of West University Place; and WHEREAS, it is recognized that a Long Range Planning Committee would provide an overview of the future needs of the city and alternative methods of satisfying such needs; and i I I I I '-.J WHEREAS, the Mayor and members of the City Commission have contacted and interviewed qualified citizens to serve on such Long Range Planning Com- mittee; and WHEREAS, certain persons have indicated a desire and willingness to serve as members of the Long Range Planning Committee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSFTY PLACE, TEXAS; Section 1. There is hereby created and established a Long Range Planning Committee of the City of West University Place, Texas, which Committee shall consist of 9 members who shall be appointed by the City Commission. Section 2. The Committee shall be advisory in capacity and shall sutdy the future needs of the city and make recommendations to the City Commis- sion. Section 3. Members of the Long Range Planning Committee shall be qualified electors of the city. Section 4. Members of the Committee shall serve until the next regular city election and until their successors have been appointed and qualified. ~ , \ '----..J r~ Lf) Lf) (Y) m <( <:t [: /--, I ~ I ,~ 237 Section 5. Members of the Committee shall serve without compensation. Section 6. All personne) in the service of ' the city shall furnish the Committee any information required by it in the performance of the Committee's duties. Section 7. The following named persons are hereby appointed as the initial members of such Committee: John Neighbors Hardy LaCook Charles Baldwin Richard Adkins, Marcia Wall Brian Greig Jerry Parish Michael McEnany John Preston Section 8. This Resolution shall be in force and take effect immediately from and after its passage and approval. PASSED AND APPROVED this 'day of , 1978. Motion by Commissioner Thompson, secortded by Commissioner Sellers, that Resolu- tion No. 78-1 be approved as read. Voting Aye: All Voting No: None The Commission was advised that Ordinance Number 1087 creating the Ambulance Advisory Committee provided that members of such Committee be appointed by the City Commission for a period of one year commencing on the first day of January of each year and that members of the Committee had indicated a willingness to continue serving in such capacity.... Motion by Commissioner Thompson, seconded by Commissioner Sellers, that the follow- ing members of the Ambulance Advisory Committee be re-appointed for another term: Dr. Rufus Stanley, Dr. Paul Handel, Mrs. Shirley Glash and Mrs. Connie Boynton. Voting Aye: All Voting No: None In accordance with previous action of the City Commission,'bids received for delivery' of one electric typewriter were opened and results announced as follows: Bidder Lump Sum Bid Delivery Time Business Equipment Company I.B.M. Tom Payne Company Royal TyPewriters $ 763.75 774.00 811. 74 794.00 2 Days 8/10 Weeks 30 Days 3/4 Weeks Motion by Commissioner Thompson, seconded by Commissioner Sellers, that bids received for delivery of one (1) electric typewriter be referred to the City Manager and his staff for' evaluation" and that he be authorized'to purchase the' typewriter with" the lowest bid price meeting city specifications. Voting Aye: All Voting No: None An invoice in the amount of $1,630.00 submitted by former City Attorney Charles Cockrell for legal services rendered during the months of October, November and December, 1977, was presented for consideration. II III .~~. III ~_ II ..L t'"lllt)II"'l,1l!ll1lntllU[ .inll illlDDlDiIIII . ~ ' .JU .. L,lIll1lRlUllllllllIlI1 ,. JIIIIllIIII_.,",,~"i I II LLJ ili ,. 'l' I' I IJ 238 Motion by Commissioner Sellers, seoririded by Commissioner Thompson, that an invoice in the amount of $1,630.00 submitted by former City Attorney Charles Cockrell for legai services~'rendered during the months of October, November and December ,be approved for payment. ' Voting Aye: All Voting No: None -......J Resolution Number 78-2 was presented for consideration in conjunction with an application which has been filed with the Texas Parks and Wildlife Department for Bureau of Outdoor Recreation Funds for developement of Independence Park, Phase I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, DESIGNATING:CERTAINCITY OFFICIALS AS BEING RESPON- SIBLE FOR ACTING FOR AND ON BEHALF OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPART- MENT FOR THE PURPOSE OF PARTICIPATING IN THE LAND AND WATER CONSER- VATION FUND ACT OF 1965; CERTIFYING THAT THE CITY OF WEST UNIVERSITY PLACE, TEXAS, ts ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAM. WHEREAS, the United States Congress has passed the Land and Water Conservation Fund Act of 1965 (Public Law 88-578), authorizing the Secretary of the Interior to provide financial assistance to states, and political sub- divisions thereof~ for outdoor recreation'purposes; and WHEREAS, the Texas'Legislaturehas adopted Article 6081, V.A.C.S., for the purpose of allowing the State of Texas, and its political subdivision, to participate in the Federal program established under said Public Law 88-578, or such other programs as are hereinafter established by the Federal Government; and f~ I I , i i I ~ WHEREAS, the City of West University Place is fully eligible to re- ceive assistance under this Program; and WHEREAS, the City Commission of the City of West University Place is desirous' of auth6rizing 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 CO~1MISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the City Commission of the City of West University Place hereby certifies that the City of West University Place is eligible to receive assistance under Public Law 88-578; as augumented by Article 608lr, v.A.c.s. Section 2. That the City Commission hereby authorizes and directs its City Manager to represent and act for the City of West University Place 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's repre- sentative in this regard. I ~ [ Lf) Lf) (Y) CD <C <t: ~ Li ~ L: 239 Section 3. The City Commission hereby designates its City Treasurer as the official 'authorized to serve as the City's fiscal officer to receive Federal funds for purposes of thi~: Program. Section 4. The City Commission hereby specifically authorizes the Ci ty officials herein to make application to the Texas Parks and Wildlife De- partment concerning the tract of land to be known as Independence Park in the City of West University Place for improvements for park purposes. PASSED AND APPROVED this day of , 1978. Motion by Commissioner Thompson, seconded by Commissioner Sellers, that Resolu- tion Number 78-2 be approved as read. Voting Aye: All Voting No: None The Commission was advised that representatives of the Parks and Recreation Board had requested that bids be advertised for shrubs and trees to be planted in'Whitt Johnson Park and Wier Park in order that advantage may be taken of the planting season~ It was noted that the sum of $1,000 had been provided in each of the park's 1978 budgets and that funds provided in the 1977 budget had been encumbered for such purchase. Motion by Commissioner Thompson, seconded by Commissioner Greene, that the City Manager be authorized to advertise' for bids for shrubs and trees to be planted in Whitt Johnson Park and Wier Park subject to the budget limits. Voting Aye: All Voting No: None A recomIDendation from the Electrical B6ard for the adoption of the 1978 National Electrical Code to replace the 1975 edition'with certain exceptions was presented. Motion by Commissioner Thompson, seconded by Commissioner Sellers, that the City Manager be authorized to prepare an ordinance adopting the 1978 National Electri- cal Code with the exceptions as set out in the January 17, 1978, report of the Electrical Board and that other exceptions now in use remain in effect. The City Manager is further authorized to prepare an ordinance adopting a new schedule of fees for inspections as set out in the report of the Electrical Board of January 17, 1978. Voting Aye: All Voting No: None A request was presented to the Commission for authority to advertise for bids for the sale of a' 1947 American LaFrance fire truck inasmuch as inquiries had been received and it was believed that a purchaser could now be found for the unit. . . . . Motion by Commissioner Thompson, seconded by Commissioner Sellers, that the City Manager be authorized to advertise for bids for the sale of a 1947 American LaFrance fire truck with such bids to be received by the City Commission at its regular meeting on February 27, 1978. Mayor Dunn advised that the R. E. "Bob" Smith Trust had offered to give to the city Lot 1, Block 4, Co11egeview 3rd Addition, being a lot located at the Inter- section of Bissonnet and Weslayan and that a Deed of Gift had now been received conveying the property to the city. '" _~L..I~l. 'fl. . ...............:_-...JlJ.......JD 1. _ "..l~ _:____ ,,,.,,................"11.._',.,-. , . :-.OJ:lnm.JDDlDIlllln" ] . , III... ,LIIIIWUU!lmllllll . 1 .-111I_IIllU'"II. Hil I iii III It 240 Motion by C6mmissionerThompson, seconded "by Commissioner Sellers, that an ap- propriate resolution be prepared 'expressing thanks and appreciation for the gift of the property; that such appreciation"be spread on the minutes of the meeting of the City Commission and conveyed to the donors. V oting Aye: All Voting No: None L.....J City Engineer David Steitle advised the Commission that he, Inspector Wayne Perry and Street Superintendent A. L. Bearden had visited the townhouse site on Vanderbilt Street and remeasured the location of the wooden enclosure regard- ing which a complaint had been filed at the City Hall. Mr. Steitle stated they had found two property stakes and use of such stakes indicated that there was no encroachment of the construciton. It ,was' the decision of the City Commission . that the person complaining regarding the construction be advised that there was no violation. " City Manager Whitt Johnson advised the City Commission 'and those in attendance of his plans to retire from active duty as an employee of the City of West Uni- versity Place. Mr. Johnson stated that at this time he would like to terminate his employment on March 1, 1978, but the Mayor requested him to continue as City Manager until April 15th or until a replacement could be employed. Mayor Dunn stated that it was his opinion that Mr. Johnson had earned retirement in every respect and that 'finding a replacement would be impossible. Mr. Dunn, also stated that the City Commission'respected Mr. Johnson's wish to retire and pledged'the Commissionts efforts to make such retirement all that Mr. Johnson might want it to be. Commissioner Thompson stated that the City of West University owed Mr. Johnson a'terrific debt and that the City Commission' would never be able to find anyone capable of doing such an outstanding job. ;~l LJ Commissioner Sellers stated'that it was her desire that Mr.' Johnson have a long retirement with time'to enjoy it. Minutes of the regular meeting of the Electrical Board on January 17, 1978, were presented to the Commission for their information. ' Minutes of the regular meeting of the City Commission on January 9, 1978, were presented for consideration and the following action taken: Motion by Commissioner Thompson, secbnded by Commissioner Sellers, that minutes of the regular meeting of the City Commission on January 9, 1978, 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 8:40 p.m. . tZ4- d 4-~ .' " Mayor ATTEST: u ~~~~. Assistant City Secretary u Ln Ln cry m <( <( C'. '1.1.. ! I l REGULAR MEETING OF CITY COMMISSION February 13, 1978 241 The City Commission convened in f.~gular session at the City Hajj on Monday, February 13, 1978, 7:30p.m., with the following persons present: Mayor Dunn, presiding; Commissioners Greene, Parks and Sellers. The City Manager was also present. 'Commissioner Thompson was absent. The Invocation was pronounced by Mayor Dunn. Mr. Robert Finlay, 609 Fannin, #809, advised the Commission that he was an attorney and partner' of Mr. Sam Bostick who represented Mr. 'Carlos Diaz in a claim against the City of West University Place. Mr. Finlay read the fol- lowing letter which had been mailed to the City 'Secretary. Dear Mr. Secretary: Please be advised that I represent Mr. Carlos Diaz, in connection with his claim against the City of West University Place. In October, 1977, Mr. Diaz was detained by West University Police Department 'for having an automobile, was operating with an illegal registration. Sargent Davidson of W~st University Police Department stopped Mr. Diaz's car, and upon further investigation found that this vehicle' 5 plates were registered to another automobile, and fur- theridentificationshowed the other automobile he owned was a stolen car out of Atlanta, Georgia. Mr. Diaz and all occupants were arrested forsusplclon of car theft. I was retained, and spoke to Sargent Davidson by phone, wherein I learned that Mr. Bill Slaydon had sold this automobile to Mr. Diaz and charged him for the License and Title, but had not 'delivered the Title nor had he put proper plates of the' automobile. I got this information from Sergeant 'Davidson; Sergeant Davidson then agreed for the release of Mr. Diaz, pending further investigation. At the time Mr. Diaz was released, as his Attorney, .r inquired about the automobile and all contents. Sargent Davidson stated 'nothing would be done'until his investigation ,was com- pleted. I continued to inquire to Sargent Davidson as 'to status of this case, and after several weeks, Sargent Davidson called to say no charges would be filed and that the car was impounded at Houston Wrecker Service on Bissonnet. I talked with Police Chief, Bill Norman and was told that Mr. Diaz may pick his tooks and that not to worry, that Houston Wrecker Service was bonded. Mr. Diaz went. to Houston Wrecker Service and was told they had no record of any automobile ,being impounded. I contacted Chief Norman again and was told that..he would check it off. I called Houston Wrecker Service again, they stated that the car had been .released on orders from West University Police Department. I called Chief Norman several times subsequent and received no response. ,I then contacted the City MaIlager, who .informed mehewouldinvesti- gate and get back in touch with me. I have not received till this date any satisfaction in connection with my inquiries. Mr. Diaz, as a result I' I-:r:l.__. "[II' 111m 1 11.ii!l , ,'dlilLllIIIllIIiDIIIIILl' ;i :::1-~,~HUfIllE_III1I"11i .111. .. ! ,lIIIDlU1I1Iilll1lU!!I', 11R111l~till1ltj"lJr ............- TT- L.u III, l " -. [II I- I I IJ 242 of this, lost tools of histrade~ in amount of at least $350.00. Loss of these tools cost Mr. Diaz his job, he has been refered to as a car thief, causing him great humiliation and embarrassment. Mr. Diaz would like to be reimbursed for all damages due to' the--maleficence of City Officials in the amount of 'at least $5500.,00. i '--..J I would at this time request a hearing before the City Commissioners, at their next regular meeting, so that determination may be made as to Mr. Diaz's claim, so that if such claim is denied by the City, we may proceed accordingly. Chief of Police Bill Norman advised Mr. Finlay and the City Commission that the Police Department had no record of any tools that may have been in the trunk of ' the tar; that no request was made for tools until after the car had been released by Houston Wrecker Service to the owner from Atlanta, Georgia who had proof of ownership of the automobile; and that' efforts were now in progress by the Atlanta Police Department to locate the owner of the automobile to determine if there are any tools in the trunk. Chief Norman further stated that Police Department records do not indicate that an inventory check was made of the automobile , , Mr. Charles McMur~ey, 4235 Byron, appeared before the Commission to state his opinion regarding the reniovalof "Stop" signs on Community Drive. Mr. McMurrey stated that he had been advised by the City Engineer that the installation of "Stop" signs on 'east/west streets going into'Community Drive was to control speed, but it was his opinion the traffic control system was 'an efficient job but not an effective job. Mr. McMurrey stated that the City Commission could I do one of three things, 1) Do nothing, 2) Use of Police Department radar unit for enforcement, or 3) 'Reinstall the traffic control devices or some other ~ method of slowin~ down traffic on Community Drive. Mr. McMurrey advised the Commission that he was also of the oplnlon that steps should betaken tostrlpe'Bissonnet from Academy Street to the railroad tracks in order that motorist can see traffic lanes inasmuch as this is almost im- possible ,at the present time, especially when it is dark and rains. City Engineer David Steitle advised the Commission that prior the the re-signing program in accbrdance with the Traffic Engineer's traffic study plan and recom- mendations there had been a stop sign on Community at University Boulevard and another at Community at Anilierst, but both signs had been removed. Chief Norman advised the Commission 'that no calls had been received by the Police Department regardingspeedlng on 'Community Drive. It was the decision of the City Commission:that Chief Norman and City Engineer David Steitle make speclfic'observations on Community Drive during the next few weeks and ,submit a report to the City Commission at its meeting on March 13th at which time Mr. McMurrey will be invited to again appear before the Commission. Mayor Dunn administered the Oath of Office to Mr. John Neighbors and Mr. Richard Adkins as members of the Long Range Planning Committee inasmuch as they were not availabie on January 23ra when other Committee members were administered the Oath. ' I I '--.-l u LO LO ('i) CD <( <C Il U c Mr. Joe Williams, Chairman, Parks and Recreation Board, advised the Commission 243 that in its attempt to find a means by which to create mOTe interest and activity at the Colonial Park complex it was the decision of the Parks and Recreation Board to sponsor an adult party on February 24th from 8:30 p.m. until 12:00 p.m. using the swimming pool, handball courts and exercise faci- lities and a teen-age party on FebJmary 25th from 8:30 until :11~30 p.m., but using only the swimming pool. ',',' ' Mr. Williams requested that the city print invitations that would be distributed and furnish $100.00 to cover the cost of the activities. Following some general discussion regarding whether the facilities should be available on a charge or free basis it was decided that better exposure could be gained by opening the facility on a free basis for the two evening parties. Resolution Number 78-3 was presented to the Commission and read in full: WHEREAS, the Chief of Police has heretofore been requested to submit the name of a police officer to the 100'Club of Houston to be designated by that Club 'as West, University Police Department "Officer of the year"; and WHEREAS, William Norman, Jr. has examined the records and activities of the Police Department for the year '1977; and WHEREAS, it was determined that the record of serVlce of Officer Alan Sheffield was of such exemplary. nature that his name should be submitted to the 100 Club of Houston 'as "Officer of the Year"; and WHEREAS~ the 100 Club of Houston has 'selected Alan Sheffield as "Officer'of the Year" for the City of ' West University Place and the award for such honor was presented on February 1, 1978; and WHEREAS, the City Commission wishes to express its 'appreciation to Officer Alan Sheffield for this exemplary service during the year 1977 and for his 'selection as !'Officer of the Year". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITYPLACE,TEXAS. Section 1. That the City Commission hereby expresses itsapprecia- tion to Officer Alan Sheffield of the City ,of West University Place Police Department for his exemplary service to the city and the citizens thereof. Section '2. That the City Commission offers its sincere congratulations to Officer Alan Sheffield for his selection by the 100 Club of Houston 'as "Officer 'of the Year" for the City of West University Place. Section 3. That this Resolution shall be spread upon the minutes of the City Commission, and a copy hereof signed by the Mayor and City Commissioners shall 'be presented to Officer ,Alan Sheffield~ PASSED AND APPROVED this day of' ' , 1978. Motion by Commissioner Sellers, seconded hy Commissinner Parks, that Resolution /' 11 III 1"""1 ] '~ .,..~tft~II'~ [, ""liIl[lIlIIB1DHlIlIlln'l .. I "t 1'1 J !Il. ..! ,91l11l11l1111!1ffilll!L '"' ..lIIlJlUlllllli'l~liUllilNI' --r~ T!I~ ""L~"" l"---'r--'--~ 'I 244 Number 78-3 be approved as read. Voting Aye: All Voting No: None Fire Chief Ben Wilcher introduced Firefighters Ron Wheeler, Richard Oaks and Mark Stemmer, noting that they will be entering Para-Medic training on April 3, 1978. Chief Wilcher advised that the training is now under the jurisdiction of 'the University of Texas 'Medical Branch rather than the Houston Health Department, and "that classes had been extended fronl six weeks to an eight-week period. It was further pointed out to 'the Commission that a firefighter must have a grade-point of at least 85 in his EMT,classes"inorder to be eligible for Para-Medic training, and that the April 3rd class would consist of twenty- two members of the Houston Fire Department and three from West University. I I '-..-J Resolution Number 78-4 was presented to the Commission and read in full: WHEREAS, Mr. Charles F.Cockrell, Jr., 'after serving faithfully for twenty years has "submitted his resignation as City Attorney of the City of West University Place, and the same has been accepted by the City Commission; and WHEREAS, the City Commission has interviewed other qualififed at- torneys and desires to appoint Mr. David G. Allums, a resident of West University, as 'City Attorney; and WHEREAS, Mr. Allums is a licensed and practicing attorney, a qualified voter of the city residing within the corporate limits of the city; and has practiced law in the State of Texas for at least five (5) years. 1 , i LJ NOW, THERFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST 'UNIVERSITY PLACE, TEXAS. Section 1. That Mr. David G. Allums is hereby appointed City Attorney of the City of West University Place, Texas. Section 2. That Mr. David G. Allums is hereby vested with all the powers and duties as set forth in the Charter of the City of West University 'Place and the Statutes of the State of Texas pertaining to his official appointment. Section 3. Said David G. Allums shall receive as compensation for his duties as City Attorney a monthly retainer of $200.00 for at- tending City Commission meetings arid other Board and Committee meetings as required, and shall charge the city at the rate of $40.00 per hour for all other 'chargeable time for performing legal services for said city. The $200.00 monthly fee to be credited against the total time charged. Section 4. David G. Allums shall serve in such capacity until the next regular City General Election, and thereafter until the appoint- ment and qualification of his successor, urilessremoved from said position during such period by the City Commission. I i i I L....J u LD LO (Y) m <C <( [-' '---' Ii , L, 245 PASSED AND APPROVED this, day of '''; , 1978. "0 .;:;. , , Motibn by Commissioner Sellers, seconded by Commissioner Parks, that Resolution Number 78-4 be approved as read. Voting Aye: 'All' Voting No: None Mayor Dunn administered the Oath of Office to Mr. David G. Allums as City Attorney (jfthe City of West University 'Place and expressed his appreciation to Mr. Allums. Mr. Allums advised the Commission that he had talked with former City Attorney Charles Cockrell and would be meeting with,him soon to review pending city business and to transfer any files that would be required by him. Resolution Number 78-5 was presented to the Commission and read in full: WHEREAS, the death of Mr. Richard Putney,Clerk of the Municipal Court of the City of West University Place, Texas, creates the neces- sityof appointing another qualified person to serve as Clerk of the Municipal Court; and WHEREAS, Mrs. Iola Pickul has been employed by the City and is quali- fied to assume the duties of Clerk of the Municipal Court; and WHEREAS, it 'is necessary to appoint other qualified persons to serve as 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 Mrs. Iola Pickul be, and sh~ is hereby appointed, Clerk of the Municipal Court of ,the City of West University Place. Section 2. That Ms. Sharon Whanger and Mr. Don R. Ojemann be, and they are 'hereby appointed as Deputy C1erks of the Municipal Court, to assist Mrs. Iola Pickul iIi performing the duties of the Clerk of the Municipal Court, as prescribed by the State Statutes and the Charter of the City of West University Place, Texas. Section 3. The date of appointment of the said Mrs. Iola Pickul as Clerk of the MuJiicipalCourt and Ms. Sliaron Whanger and Mr. Don R. Ojemann as Deputy 'Clerks of the Municipal Court of the City of West University Place, Texas, to become effective with'the passage of this Resolution. PASSED AND APPROVED this day of , 1978. Motion by Commissioner Parks, seconded by Commissioner Greene, that Resolution Number 78-5 be approved as read. Voting Aye: All Voting No: None City Manager Whitt-Johnson presented the following letter received from City . .C::I.=llI:lIUrD:CI...IIII..'1". .;.t...IIl~:rIl:I" .--"'I_'......-"~......." ~ L-.L:..I III, 246 Attorney David Allums: In view of my recent appointment to the position of City Attorney, it isappropri,ate that I tender my resignation from the city's Council on Aging. It has been a 'great personal pleasure for me to serve the city on this most worthy Council. My resignation from the Council is hereby tendered, effective the 13th day of February, 1978. After accepting Mr. Allums' resignation as a member of the Council on Aging the City Commission instructed that Director of the Council on Aging Marilyn Paxton be requested] to provide her recommendation fora replacement on the Council. In accordance with previous action of the City Commission bids received for, delivery of automotive equipment were opened'and read aloud. Motion by Commissioner Parks, seconded by Commissioner Sellers, that bids received for delivery of automotive equipment be referred to the City Manager and his staff for review, tabulation and recommendation. Voting Aye: All Voting No: None The Commission was advised that an invoice had been received from Plains Machinery Company in the amount of $5,4l7.87'for additional repairs made to the International Harvester TD15 tractor used at the sanitary landfill. Ordinance Number 1107 was presented to the Commission and read in full: AN ORDINANCE FINDING AND DETERMINING THE NECESSITY FOR MAKING ADDITIONAL REPAIRS TO AN INTERNATIONAL HARVESTER TD15 TRACTOR USED AT THE SANITARY LANDFILL AND APPROPRIATING FUNDS THEREFOR. WHEREAS; the City Commission passed Ordinance Number' 1103 on November 14, 1977, authorizing the extensive repairs to said tractor; and WHEREAS, the exact amount was not known at that time; and I WHEREAS, the tractor was transported to the Plains Machinery Company 'which firm is competent in making repairs to the International Harvester TD15 as 'they are the distributors of this tyPe equipment, and operate a well equippped machine shop; and WHEREAS, the cost of making needed repairs, and the transporting of the tractor to and from the lahdfi1lsite amounted to an additional $5,417.87. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS. I j ~ ; LJ ~, i I ] LJ I' I ' ; '--' LD LD (Y) ((l c::( <( I-I '--' l 247 Section 1. That this ordinance supplements Ordinance Number 1103 which sets forth the necessity for the repairs to said tractor, performing the work efficiently and economically on a force account basis and selecting Plains MciChinery Company of-'Houston to make such repairs. ' , Section 2. That funds be appropriated from the General Fund and make a part of the 1978 Budget for 'the purpose of paying the additional cost for making needed repairs to the International Harvester TD15 tractor which is used at the sanitary landfill. PASSED AND APPROVED this day of , 1978. Motion by Commissioner Parks, seconded by Commissioner Sellers, that Ordinance Number 1107 be approved as read. Voting Aye: All Voting No: "None City Engineer David Steitle reported to the Commission that he had requested reimbursement from the Office of Traffic Safety for the cost of new traffic signs that had been installed. Mr. Steitle noted that $4,130.00 had been ap- proved for purchase of signs and reimbursement of $3,236.95 had been requested, leaving a balance of $893.15 that could possibly be utilized in another contract. Mr.Steitle reviewed a need for school related sign replacements advising that such signs should conform with those used by the City of Houston insofar as time and location are concerned. Motion by Commissioner Sellers, seconded by Commissioner Parks, that the City Manager be authorized to enter into acontractural agreement with the Office of Traffic Safety for signing of the school zones and other traffic signs. Voting Aye: All Voting No: None In response to a request from the Electrical Board and previous instructions of the City Commission; Ordinance Number 1108 was presented and read in full: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY 'OF WEST'UNIVERSITY PLACE, TEXAS, ADOPTING THE 1978 EDITION OF THE NATIONAL ELECTRICAL CODE, EXCEPT AS TO CERTAIN PRO- VISION SPECIFICALLY EXCEPTED:; PROVIDING FOR THE FILING OF THREE COPIES THEREOF WITH THE'OFFICEOF THE CITY SECRETARY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY"THE,CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS:. Section 1. That Section 10-115 of the Code of Ordinances of the City of West University Place, Texas, is hereby amended to read as follows: "Section 10-115. Adoption of electrical code. There is hereby adopted by the city and declared operative therein for the purpose of establishing rules and regulations for the erec- tion, construction, alteration, repair, removal, conversion'and maintenance of electrical facilities, installations and equpment in homes, buildings 'and other installations, and for the issurance of ,1 i ;lnl"1li1'_IIIU1lr "III. . I lit iTl II , I i1,mmllUlITIlIl" 1 .. - 111._ :,LIIIIIlIOIIIIIIII[Um:',L..: !__llI....-ilim-lr'ii 'i ' I-~ '~----r-' Lill III i [ 11 1,1 I I IT _ 248 permits., coJle~tions ,of 'fees therefor, and~the making of. 'inspec- tions thereof, the National Electrical Code, 1978 edition, except as to certain provision hereinafter excepted, of which not less than three (3) 'certified copies have been and are now on file in the office of the city secretary, and the same is hereby adopted and in- corporated herein as fully as if set out attlength herein, and shall be controlling and binding wi thin the city." i~i I ~ "Section 10-115.1. The National Electrical Code adopted in Section 10-115 hereby includes the following exception: Ground Fault Interruptors are to be required on all lights and receptacles with art area near a swimming pool, fountain, fish pond, or any articial body of water, but are not to be required ,in or on bathrooms, regular outside weatherproof receptacles or construction site saw, pole." Section 2. This' ordinance shall take effect 'and be in force im- mediately from and after its approval"as required by law. PASSED AND APPROVED this . day of , 1978. Motion by Commissioner Sellers, seconded by Commissioner Parks, that Ordinance Number 1108"be approved as "read. Voting Aye: All Voting No: None AN ORDINANCE AMENDING SECTION iO-14l OF THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS BY CHANGING THE SCHEDULE OF PERMIT FEES; AND PROVIDING AN EFFECTIVE DATE. :1 i I L-J Ordinance Number 1109 was presented to the Commission and read in full: BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Section 10-141 of the Code of Ordinances of the City of West University Place; Texas, is hereby amended to read as follows: "Section 10-141. Inspection fees. (a) The holder of an electrician's license or electrical sign con- tractor~s license, making or supervising theihstallation, alteration or re- pair of electric wiring, apparatus, devices, appliances, fixtures or equipment shall pay to the city an inspection fee in such amount as specified below: Services All services All meter loops $ '3.00 each 3.00 each I I I I I I U u Outlets: First four (4) lighting+(jUtlets are included in service and meter loop fees. Allover four (4) Lighting Fixtures: lI) lI) (Y) m <C <t Fixtures, per fixture $ Each additional fixture circuit Any current-consuming device permanently attached to an outlet forilluminatiIig purposes shall 'be classed as a 'fixture Motors: [1 Up to but not including ~ H.P. $ ~ H.P. and less than 2 H.P. 2 H.P. and less than 10 H.P. 10 H.P. and less than 25 H.P. 25 H.P. and less than 100 H.P. 100H.P. and less than 150 H.P. 150 H.P. and over The fee of eight (8~) cents per horse-power applies to individual motors rated '150 H.P. and over. Motor control equipment is included in motor fees. When flitliremotor outlets are installed they shall -be charged for oIie--half the regular motor rates ap- plying, the other one-half shall be paid at 'the time the motors are installed. Miscellaneous: II LJ Motion picture machines Sound equipment, up to 10 watts Sound equipment 10 watts to 15 watts output Sound equipment, over 15 watts output' X-Ray 'machines Incandescent electric signs Gas or vacuum tube signs Poles, anchors and guy stubs Clothes washer Clothes dryer-' Garbage disposal Dishwasher Electric water heater Window air conditioner Range' Oven Temporary cut-in Reconnection '-J. 1I"i""TII ._~-----'~ . "",:,,,'_lj~"'UI'IIIIIII'''I~' 249 $ .30 each '.20 .50 , . 60 each 2.50 each 3.50 each 5.00 each 8.00 each 10.00 each .08 per H.P. $ 2.00 each 10.00 each 15.00 each 20.00 each 3.00 each 4.00 each 4.00 each 1.00 each 1.25 each '1.25 each 1.25 each 2.00 each 1.50 each 2.50 each 1.25 each 1.25 each 6.00 each 6.00 each i"; "'lrnJi:lItIIDilI.lIlIJJMII["" 1 " [ 1I111BUlmrnm me!' .. " " !.-J11I...~:tr;~:~ ," -,- Tl-' L.CflIIr'---'- III 250 Permanently connected electric appliances and equipment of any nature not otherwise specified shall be charged for as follows: Up to one K.W., inclusive Allover 1 K.W. to 10 K.W. Allover 10 K.W. to 50 K.W. Allover 50 K.W. to 100 K.W. Allover 100 K.W. to 200 K.W. All in excess of 200 K.W. Temporary installments such as work saws, floor surfacing machines, paint spraying apparatus, and the like, shall be charged for at the rate of Four ($4.00) dollars per'installation, plus the regular service and meter loop charges. Temporary lighting installations shall be charged for at the rate of Four ($4.00) dollars per instal- lation, plus the regular service and meter loop , charges. --'1 $ .50 each .40 per K.W. .30 per K.W. .20 per K.W. .10 perK.W.. .04 per K.W. (b) , Additions to old work shall be charged for at the same rate as new work. (c) The minimum i~spectibn fee shall be Six ($6.00) dollars. (d) On moving and re-locating of electrical equipment authorized to be done by a maintenance electrician and Master Electrician for which a permit fee is not otherwise provided for in this section, the minimum in- spection fee shall apply; (e) No fee shall be charged for routine re-inspection of electrical installations, however, when the inspector is required to make additional trips to the premises as a result of being unable to perform inspection at time requested, a charge of Six ($6.00) dollars will be made for such in- spection. (f) In event electrician fails to obtain permit or fails to notify the Inspection Department of work being done, DOUBLE permit fee is to be charged. PASSED AND APPROVED this day of , 1978. Motion by Commissioner Greene, seconded by Commissioner Sellers, that Ordinance Number 1109 be approved as read. Voting Aye: All Voting No: None In accordance with instructions of the City Commission Resolution Number 78-6 was presented to the Commission and read in full: WHEREAS, Sandra Smith Austin and Bobby Smith Cohn have been deeded property in the City of West University Place by the R. E. "Bob" Smith Tru$t and desire to deed same to the City. i -] '~ : I L-.J I I , I ~ [l LD LD (Y) CD <C <+ 11 ",-,I II , LI 251 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ' Section 1. The City CommissIon of the City of'West University Place hereby extends, on behalf of all its citizens, its sincere appreciation to the R. E. "Bob" Smith Trust, to Sandra Smith Austin and Bobby Smith Cohn, who by Deed of Gift dated December 29, 1977, conveyed to the city a tract of property described as Lot 1, Block 4, Collegeview Third Addition, to be used by the city as it sees fit. Section 2. The Deed of Gift is hereby accepted on behalf of the City of West University Place and its citizens with profound gratitude. Section 3. That this Resolution be spread upon the 'minutes and copies forwarded to Sandra Smith Austin and Bobby Smith Cohn. PASSED AND APPROVED this day of , 1978. Motion by Commissioner Sellers, seconded by Commissioner Parks, that Resolution Number 78-6 be approved as read. Voting Aye: All Voting No: None The Commission was a~vised that a check in the amount of $13, 799.00 had been received from Comiskey 'Insurance Agency representing the retrospective rating adjustment for the city's Workmen's Compensation Insurance. It was noted that the city's loss experience had been very good during the period April 15, 1976 to April 15, 1977. Motion by Commissioner Parks, seconded by Commissioner Greene, that Mr. Charles Orsburn be re~appointed Associate Judge of the Municipal Court for an additional sixty (60) day period. Voting Aye: All' Voting No: None Minutes of the meetings of the Ambulance Advisory Committee on January 11th and February 6th were reviewed noting recommendations made by the Committee to increase fees charged for ambulance service from the current $35.00 each to $40.00 for residents of West University Place, leaving charges for the City of Houston at $40.00 each and for the City of Souths ide Place at $60.00 each. Motion by Commissioner Parks, seconded by Commissioner Greene, that the re- commendation of the Ambulance Advisory Committee be accepted and rates for ambulance service be increased from $35.00 each to $40.00 each effective on March 1st. V ot ing Aye: All Voting No: None City Attorney David Allums was requested to give the City Commissiona full report on the status of the suit filed by Mr. Winfield Campbell, 6135 Fordham, against the Zoning Board of Adjustment at the next regular meeting of the Com- mission. City Manager Whitt Johnson reviewed a visit made by he and Mayor Dunn to the Texas Department of Water Resources in Austin to determine the status of the , [ .I111JID(J[JJDI ;1"1 ' , ~llllllllm_,ll l 'l n Lm[-"'-' 1~1~ 11 252 city's application for grant funds to construct new wastewater treatment facili- ties. Mr. Johnson and Mayor Dunn advised that the meeting was most informative and it was believed that funds will be available at an earlier date than pre- viously believed. Mayor Dunn and Mr. Johnson were 'advised by Mr. Robert Fleming, engineer, Texas Water Resources Board, that the city's ranking had been reduced from 62 to 58 during the last investigation. It was also noted that guidelines had been re-established for the city's permit and that as long as good faith was shown in trying'to comply with EPA regulations that enforcement action will not be taken. ' ------.J The City Commission requested that notice be posted for a workshop session on Thursday, February' 16th 'at which 'time 'members of the Tax Board of Equalization will be interviewed, architectural services on the Colonial Park Recreation Center will be 'discussed with Mr. John Mitchell, 'and plans for a mini-basketball court and I. D. card system will be discussed with members of the Parks and Re- creation Board. Commissioner Betty Sellers agreed to meet with representatives of a RUDAT group for the City of Bellaire to discuss means for revitalization and urban development of downtown Bellaire. Minutes of the regUlar meeting of the Zoning Board of Adjustment on January 18, 1978, were presented to the Commission for their information. Minutes of the regular meeting of the Zoning and Planning Commission on Janu- ary 10, 1978, were presented to the Commission for their information. Minutes of the meetings of the Parks and Recreation Board on January 23, 1978 fl'J and February 6, 1978 were presented to the Commission for their information. Minutes of the regUlar meeting of the City Commission on January 23, 1978 were presented for consideration and the following action taken. Motion by'Commis- sioner Parks, seconded by Commissioner Sellers, that minutes of the regular meeting of the City Commission on January 23, 1978, be approved as submitted. Voting Aye: All Voting No: None 4,ti ~ , ,Mayor ATTEST: ~ ,J(k~~ Assistant City Secretary I i I I I ------.J [ to to (Y) m <C <( 253 'REGULAR'MEETING OF CITY COMMISSION February 27. 1978 The City Commission convened in regular session at the City Hall on Monday, February 27,1978,7:30 p.m., with the 'following members present: Mayor Dunn, presiding; Commissioners Greene, Sellers and Thompson. The City Manager and City Attorney were also present. Commissioner Parks was out of the city. The Invocation was pronounced by Commissioner Greene. City Treasurer Robbie Barnett reviewed the resume of Mr. Thomas Linton who has been employed as Assistant City Treasurer and Assistant Tax Assessor/ Collector and introduced Mr. Linton and his wife Carol. Resolution Number 78-7 was presented to the Commission and read in full: WHEREAS, it is the duty of the City Commission of the City of West University Place, Texas, to appoint an Assistant City Treasurer and Assistant Tax Assessor/Collector, as may be necessary to transact the city's financial affairs; and WHEREAS, Mr. Robert Harper has resigned his position as Assistant City Treasurer and Assistant Tax Assessor/Collector of the City of WestUniver- sity Place; and ~; WHEREAS, Mr. Thomas C. Linton has been employed by the city and is , qualified to fill the position of Assistant City Treasurer and Assistant Tax L, Assessor/Collector. NOW, THEREFORE, BElT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. The City Commission hereby names and appoints Thomas C. Linton as Assistant City Treasurer and Assistant Tax Assessor/Collector of the City of West University Place, Texas. Section 2. Said Thomas C. Linton, 'as Assistant City ,Treasurer and Assistant Tax Assessor/Collector, shall receive monthly compensation for the performance of his duties in accordance with the heretofore adopted salary schedule. Section 3. Thomas C. Linton shall serve in such capacity until the next regular City General Election, and thereafter until the appointment and qualification of his successor, unless discharged by the City Commission for just cause. PASSED AND APPROVED this day of , 1978. Motion by Commissioner Thompson, seconded by Conunissioner Sellers, that Resolu- r-- tion Number 78~7 be approved as read. Voting Aye: All Voting No: None IL -------------L~::::::II _~~~] ..JI'.iIIi:IW!I!IEUI_11: -. .... Iwl7ImlJIlllIliIlI!I:" 1 . _~...LL ~-.I [, ' , [ ,JlllUIllllUlIIU'1 ' ,J1_IIIIUI.IU~,.' 'I " 1';1 LLJ!Ii i 1" II 254 Mayor Dunn welcomed Mr., Linton as a member ,of the city's staff and administered the Oath of Office to him. Assistant City Manager Richard Rockenbaugh advised the Commission that many months had been spent looking for an employee to assist Mr. Duke at the 'Waste- wat?r.Treatment Plant and that Mr. David Paquette had been employ.ed for such posltlon. Sanitary Engineer H. R. Duke introduced Mr. Paquette and reviewed his qualifi- cations for the position. Members of the Commission welcomed Mr. Paquette as anew Gity employee. In ~ccordance with previous action of the City'Commission, bids received for dell very and planting of trees in Whitt Johnson Park and Wier Park were opened and results announced as follows: 'Wier Park Whitt Johnson Park 3, 2 2 2 2 2" Sweet Gum 2" Live Oak 3" ' LivE Oak 3" Live Oak 2" Sweet Gum TOTAL Bradshaw 240.00 210.00 466.00 466.00 160.00 1,542.00 Cornelius 275.40, 210.90 365.00 365.00 183.60 1,547.60 Paul's Green Thumb 267.00 396.00 596.00 596.00 396.00 2,251.00 1 , I I , ~ Teas 246,.93 194.86 384.22 384.22 164.62 1,374.85 McDougald 375.00 300.00 500.00 500.00 250.00 1,925.0C Knight 225.00 240.,00 500.00 500.00 150.00 1,615.0C Motion by Commissioner Thompson, seconded by Commissioner Sellers, that the bid for delivery and planting of trees in Wier ,and Whitt Johnson Parks be awarded to Teas Nursery on 'their low bid of $1,374.85. ' Voting Aye: All Voting No: None The one bid received for purchase of a 1947 ,American LaFrance "Invader" fire truck was opened and results announced as follows: ' Claude Wright & Associates $ 3,249.00 Motion by Commissioner Thompson, seconded by ,Commissioner Sellers, that the bid from Claude Wright & Associates for purchase of a 1947 American LaFrance fire truck for the sum of $3;249.00 be referred to the City Manager and Fire Chief for review, and authority granted for sale of the uni,t if the bid meets all of the city's specifications. Voting Aye: All Voting No: None n I I '-...) Ln ,Ln (Y) m <( <r ,...--. I : I I I '----' [ 255, Resolution Number 78-8 was presented to the Commission and read in full: WHEREAS, Mr. Ronald Fra:lf~r;'employed as Police Dispatcher and appointed Deputy Clerk of the Municipal Court of the City 'of West University Place, Texas, has been re'-assignedduties as a Police Officer; and WHEREAS, Ms. Marjorie J. Higgins has been employed as Police Dispatcher and is 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. Marjorie J. Higgins be, and she is hereby appointed Deputy Clerk of the Municipal Court of the City of West University Place, Texas. Section 2. That the appointment' of Ms. ,Marj orieJ. Higgins as Deputy Clerk of the Municipal Court of the City of West University Place, Texas, shall be effective with the passage of this Resolution and that she shall assume the assigned duties of Deputy Clerk after having been administered the proper Oath of Office. PASSED AND 'APPROVED this day of _ , 1978. Motion by Conimissioner Sellers, seconded by Conimissioner Thoplpson, that Resolu- tion Number 78-8 be approved as read. Voting Aye: All Voting No: None In accordance with instructions of the City Commission, the following recommendation was made by City Manager Whitt Johnson for the purchase of 1978 automotive equip- ment for which bids were received on February 13, 1978. 1. Low bidder Bob Robertson Chevrolet - $3,224.48, plus $124.80 for bucket seats. Recommend bid be awarded to Bob Robertson Chevro- let in the amount of $3,349.28. Police Department; II. Low bidder Bob Robertson Chevrolet- $2,224.48, plus $124.80 for bucket seats. Recommend bid be awarded to Bob Robertson Chevrolet in the amount of $2,349.28. ' Police Department. , ' III. LO\\Tbidder Bob Robertson Chevrolet- $2,024.48, plus $124.80 for bucket seats. Recommend bid be awarded toBo,!:> Robertson Chevrolet in the amount 'of $2,149.28. Police Department. IV. Low bidder Bob Robertson Chevrolet -$2,224.48, plus $124.80 for, bucket seats. Recommend bid be awarded to Bob Robertson Chevrolet in the , amount of $2,349.28. Police Department. VI. Low bidder Luke Johnson Ford - $4,661. 74, plus $64.41 for heavy duty alternator. Recommend bid be awarded to Luke Johnson Ford iIi the .,amourit of $4,726.35. Fire<Department. II , J d II' L_IU:I I l, ~jJi j I :i ~LL,~J-,-_~li''':):HHaWlillIlI.w , - 'l,hlllrnmlllilllli[J" , !.IIIIl1UlILllll'I.II'.., ,.JlllI11I111II:l!IRf.ll'1' " III I llJ III II 256 VII. .LowO:'o.idder- North1ine~Dodge - $4 ~ 579'~28. ,;Gulf. eoasLDodge'.:..bid;$4;S83~28., Recommend bid be awarded to Gulf Coast Dodge for reason of shorter travel distance in case of 'repairs during warranty period. Inspection Depart- ment,unit to be assigned to City Engineer. VIII. Low bidder Bob Robertson Chevrolet - $3,252.86, plus $124.80 for bucket seats. Recommend bid be awarded 'to ,Bob 'Robertson Chevroret in the amount of $3;377.66. Parks and Recreatidn Department. ~----.J IX. Low bidder Northline Dodge - $4,579.28. Gulf Coast Dodge bid $4,583.28. Recommend bid be awarded to Gulf Coast Dodge for reason of shorter travel distance in case of repairs during warranty period. Tax Department. X. Low bidder Bud Moore Chevrolet - $3,933.78; plus $269.10 for automatic transmission. Recommend bid be awarded to Bud Moore Chevrolet in the amount of $4;290.00. Health Department. ,Motion by Commissioner Thompson; seconded 'by Commissioner Sellers, that bids be awarded inaccordarice with the attachment to Mr. Johnson's letter dated February 27, 1977. Discussion indicated that the City Commission desires additional information regarding a proposed operating budget for the purchase of a van for use as a combina'tibn humane officer/police lab mii t prior to making a decision for pur- chase of the van or pickup truck. Motion amended by Commissioner Thompson, accepted by Commissioner Sellers, that Unit X, pickup truck for the Health Department, be excluded from the automotive units-recommended 'for purchase. ' -, J I , I ~ Voting Aye: Greene Sellers Thompson Voting No: Dunn Chief of Police Bill Norman was 'instructed to review the proposed use of the van as a combination unit for use as a crime lab and humane operations. An invoice in the amount of $2,717.14 submitted by Mitchell Carlson & Assoc. for professional services rendered on the Colonial Park Recreation Center was presented for consideration. Following a discussion regarding additional charges that niay be made for the completion of the project, the City Manager was instructed to consult with Mr. Mitchell to determine probable costs for completion of the project, and to request that Mr. Mitchell direct a letter to the City Commission setting forth problems that had been experienced with faulty roof construction resulting in leaking. Invoices in the amount of $4,522.50 received from the Zimmerman Medical Clinic for physical examinations given to Department Heads were presented. Motion by Commissioner Thompson, seconded by Commissioner Sellers, that invoices in the amount of $4,522.50 received from the Zimmerman Clinic, be approved for payment. i I ~ r l_' LD LD (Y) m <( <( 'Ii I I ~ 257 Voting Aye: All Voting No: None , ' A request was presented to advertise for bids for the following"capita1 equipment which was included in the 1978 budget: 2 Electronic sirens 1 Telecopier 1 Radar Unit Police Uniforms 500' 2!.ztl Fire Hose 300' l!.ztl Fire Hose Ice Machine Lockers Motion by Commissioner Sellers, seconded by Commissioner Thompson, that the City Manager be authorized to advertise for capital equipment included in the 1978 bud- get, with bids to be received by the City Commission on Monday, March 27, 1978. Voting Aye: All Voting No: None The Commission was advised that the Police Department has tw~nty unclaimed bicycles and with storage space very limited it was believed advisable to hold an auction for the sale of the bicycles. Motion by Commissioner Thompson, seconded by Commissioner Sellers, that the Police Department be authorized to auction unclaimed bicycles in accordance with the provisions of State Statutes. Voting Aye: All Voting No: None City Attorney David Allums advised the Commission that he had consulted with former City Attorney Charles Cockrell to determine the status of a suit that had been filed by Mr. Winfield Campb~ll againstthe Zoning Board of Adjustment and he had been in contact with Ms. Ratliff, attorney for Mr. Campbell. Mr. Allums stated that he was in process of trying to two major problems regard- ing the suit. It was the decision of the City Commission to discuss proposed changes in the city's school zone traffic signs with the City Engineer at a workshop meeting on Thursday, March 2nd. Also to be included on the agenda is'a discussion of a reply received from members of the Zoning and Planning Commission regarding Independence Park. Minutes of the regular meeting of the Electrical Board on February 20, 1978, were presented to the Commission for their information. Minutes of the regular meeting of the Zoning and Planning Commission on Feb- ruary 14, 1978 were presented to the Commission for their information. Minutes of the regular meeting of the City Commission on February l3~ 1978, r-1 were presented for consideration, and the following action taken: Motion by I' Commissioner Sellers, seconded by commissioner Greene, that minutes of the i regular meeting of the City Commission on February 13, 1978, be approved ! , '-- 1~~~J............Ll _ .~ J ._. L ~L....L_L . . . HHIllIfiIIIl'aIl...lli . , ,',I.('IIIIIIIllIlDliIllI:' l 'II t .lIUllJ!IllllLllllll'l'.. lIIllllIIIlHlIIIlf!IFI: : 'II LIlI III I, II II 258 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 10:00 p.m. '---..J 4~~ ATTEST: ,~~ Assistant City Secretary ~ (') I I \ ~ I I , i I ( ----.J n ! : L! LO LO (Y) m <( <( 259 REGULAR MEETING OF CITY COMMISSION Maruhl3, 1978 ' The City Commission convened in regular session at the City Hall on Monday, March ,13,.1978,7:30 p.m., with the following members present: Mayor Dunn, presiding; Commissioners Greene, Sellers and Thompson, The City Attorney and City Manager were also present. Coinmissiorier Parks was absent. The Invocation was pronounced by MayorcDunn. Mr. David Shelton, 5502 Buffalo Speedway, advised the Commission that he had made application for a fence permit which met all requirements of the city's zoning and building codes, but had not been issued. Building Inspector Wayne Perry advised the Commission that Mr. Shelton had been granted a variance by the City' Commission to construct a fence in front of his residence during the time eight (8 ') foot fences were permitted in the city, and he had withheld the application for a fence permit pending the fil- ing by Mr. Shelton of a lay-out for a'new residence which would be constructed on the property subsequent to the removal of the existing residence. It was determined that Mr. Shelton had now filed a lay-out for the new residence and a fence permit would be issued. City Attorney David Allums read the following Proclamation designating the week of March 12/19 as International DeMo lay Week. WHEREAS, the ORDER of DeMOLAY is a character building organization of young men" from thirteen to twenty-one years of age ,who are seeking to prepare themselves to become better citizens and leaders for tomorrow by developing those traits of character which have strengthened good men in all ages; arid WHEREAS, the organization has carried out the aforementioned goals for fifty-nine years through programs of athletic competition, social activity, community service and charitable projects, and WHEREAS, the members of the Sam B,Cantey Chapter will observe the Year of 1978 as the 59th ANNIVERSARY OF THE ORDER so as to exemplify' to' all citizens here and everywhere their many activities and to tender recognition to their millions of Senior DeMolays, now, THEREFORE, I,' Philip A. Duim, by virtue of the authority vested in me as Mayor of the City of West Unversity Place, in the State of Texas, do hereby proclaim the week of March 12 through 19, 1978 as INTERNATIONAL DeMOLAY WEEK and call upon all our citizens to' join in Saluting the Young Men of the Order of DeMolay, and in expressing our grateful appreciation for the fine ~l lIi'~_ ;'lj.4'"'~~"";31lmIDlltIllr . "II. .... ,G:lJ:'mllllillmiUlll.:':l .. j__,~_L..L ~ [ ,.III1U1lJIILIIIUl,I I', ,_ '_IIIIUI_HFI, "1'1 I Iii ill l 1"1 'I 260 example set by them in contributing to the welfare of our community by ad- dressing themselves to the building of good character among our youth; thus aiding in the development of 'leadership for tomorrow. City Engineer David Steitle advised the Commission that in compliance with instructions he and Chief of Police ,Bill Norman had an assignment to determine if Community Drive is characterized by a disproportionate number of speeding cars as a result of the removal of stop'signs. Mr. Steitle stated that time did not permit a traffic count the Police Department made radar monitoring checks of speeds during a two-week period. It-was noted that the fastest speed observed as 32 m.p.h. with an average speed of 28 m.p.h. and it was believed that excessive vehicle speed is'not a problem on Community Drive. '---.J In response to a question/regarding the re-striping of Bissonnet, Mr. Steitle advised that in order to have the proper transition a small triangular area of concrete should be added prior to re-striping. Mr. Steitle was instructed to discuss the situation with representatives of the City bf Houston and have the problem corrected. City Manager Whitt Johnson reviewed Sections of the Standard Building Code proposed to be deleted~modifiedor amended in proposed Ordinance Number 1110 adopting such Code. Ordinance Number 1110 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 AMENDING SECTION 6-19 AND SECTION 6-20 BY ADOPTING THE 1976 EDITION OF THE STANDARD BUILDING CODE OF THE 'SOUTHERN BUILDING CODE CONGRESS INTER- NATIONAL, INC., WITH 1977 AND-1978 AMENDMENTS THERETO; PRO- VIDING FOR CERTAIN AMENDMENTS'TO SAID STANDARD BUILDING CODE; PROVIDING FOR THE FILING OF THREE (3) CERTIFIED COPIES OF SUCH STANDARD BUILDING CODE IN THE OFFICE OF THE CITY SECRETARY; AND PROVIDING AN EFFECTIVE DATE -\ ! , \ I ~ BE IT'ORDAINED'BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Section 6~19 of the Code of Ordinances is hereby amended so that hereafter said Section 6-19 shall read as follows: "Section 6-19: Adoption of Building Code. There is hereby adopted by the City Commission' for the purpose of establishing rules and'regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and main- tenance of buildings and structures, including permits and penalties, that certain'building code known as the Standard Building Code of the Southern Building Code Congress International, Inc. (hereinafter referred to as the .Standard Building Code) with 1977 and 1978 amend- mentsthereto, 'and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, of which not less than three (3)'certified co'pieshave'been and now are filed in the office' of the city secretary and the same are hereby adopted and in- ~ corporated as fully as if set out at length herein, and from the date 261 r: Li on which this article shall takeerfect, the provlslons therof shall be controlling in construction of'all buildings and structures therein cont~ined withi:t;t, the corporate limits of the city." Section 2. That Section 6-20 of the Code of Ordinances is hereby amended so that hereafter said Section 6-20 shall read as follows: "Section 6-20. Amendments t6 Building Code. The Standard Building Code is hereby amended and' changed in the fol- lowing respects: LD LD (Y) CD <( <( Section 106.2 is hereby amended to read as follows: It shall be the duty of every contractor or builder, who shaLl make contracts for the erection or construction or repair of buildings for which 'a permit is required, and every contractor'or builder making such contracts and subletting the same, or any part thereof, to give good and sufficient bond,' if required, in a sum prescribed and as required by the administrative authority and approved by the Office of the City Attorney, conditioned to conform to the building regulations, the regulations of this'section, and other ordinances or laws of the applicable governing body in reference to buildings. Section 106.3 is hereby amended to'read as follows: ~ Lj The Building Official shall act upon an application for a permit with plans as filed, or as amended, without unreasonable or un- necessary delay. A permit issued shall be construed to bea license to proceed with the work and shall not be construed as authority to violate, cancel, alter, or set aside any of the provisions of this code,'nor shall such issuance of a permit'prevent the Building Of- ficial from thereafter requiring a correction of errors in plans or in construction, or of violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is substantially commenced within sixty (60) days after its issuance, or if the work authorized by such permit is suspended or abandoned'for a period of six (6) months after the time the work is commenced, or the work authorized is not completed within one (1) year from the date the'permit is issued, provided, that, for good cause one and not more than two extensions of time, for period not exceeding ninety (90) days each, may'be allowed; and such extensions shall be in writ- ing by the Building Official. Section 107.4 is hereby amended to read as follows: Fees in existence at the time of the adoption of the Standard Building Code shall apply~ I I '--- Section 109 is hereby amended by the addition thereto of a Section to be numbered 109.5, which said section shall read as follows: A certificate of occupancy shall not be issued by the Building Of- ficial unless and until all debris, garbage, trash and rubbish has , H E ,.DIIIWlIIllUllJJ F 1 .. ,~.. .1_llI~tir'<]:il ",I , UJIII , rl Ii! I If 262 been cleared from the construction site' and the premises are in a clean and sanitary condition. Sections 111,112 and 113 are hereby deleted in their entirety. Section 2204.1 is hereby , amended to read as follows: '--...; No previously constructed building, or part of any previously con- structed building, shall be moved to or placed upon any lot, lots 'or building site located in the city. No building or part of any building currently located inside the city limits shall be moved from, ,through or across any sidewalk, street, alley or highway within the governmental limits without first obtaining a permit from the Building Official. Section 2501 is hereby amended' to read as follows: Mobile homes are prohibited inside the city limits, and, therefore, all references to mobilehomes'are hereby deleted." Section 3. This Ordinance shall' take effect and be in force from and after its passage and appr9val. PASSED AND APPROVED this day of " 1978. Motion by Commissioner'Thompson that Ordinance NUmber 1110 be approved as read. Motion died for lack of a second. f i ~ Motion by Commissioner Sellers, seconded by Commissioner Greene, that Ordinance NUmber 1110 be tabled until' the next regular meeting of the City Commission on March 27, 1978, for the purpose of publicity of the proposed ordinance.' Voting Aye: All Voting No: None City Manager Whitt Johnson reviewd amendments to' proposed Ordinance Number 1111 adopting the' Standard Fire Prevention Code. Ordinance Number 1111 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 AMENDING' SECTIONS II-I AND 11-2 TO PROVIDE FOR THE ADOPTION OF THE 1976 EDITION OF THE STANDARD FIRE PREVENTION CODE, WITH 1977 AND 1978 AMENDMENTS, EXCEPT AS TO CERTAIN PROVISIONS SPECIFICALLY DELETED ,MODIFIED OR AMENDED; PROVIDING FOR THE FILING OF THREE (3) COPIES OF SUCH CODE IN THE OFFICE OF THE CITY SECRETARY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY'THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: I ~ r-; L....' 11) 11) (Y) CD <( <( I' ) \ '---- Ii I L: 263 ,Section 1. That Section 11-1 of the Code of Ordinances of the City of West University Place is hereby amended so that hereafter said Section 11-1 shall read as follows: "Section 11-1. Adoption cofFire Prevention Code. There is hereby adopted by the City Commission for the purpose of prescribing regulations gove:mingconditions hazardous to life and property from fire or explosion, that certain code known as the Standard Fire Prevention Code, being particularly the 1976 edition, with 1977 and 1978 amendments, and, the whole ,thereof, save and ex- cept such portions as are hereinafter deleted, modified or amended, of which code not. less than three (3) certifi~d copies have been and now are filed in the office of the city secretary and the same are hereby adopted and incorporated as fully as if set out at length herein, the provisions thereof shall be controlling within the limits of' the city.", Section 2. That Section 11.2. of the Code of Ordinances of the City of West University>Place is hereby amended so~thathereafter said Section 11-2 shall read as follows: "Section 11.2. Amendments to the, Fire Prevention Code. Section l7.03(b) is amended to read as follows: b. 'Except as hereinafter provided, it shall be unlawful for any person to possess, store, to offer for sale, expose for sale, sell at retail, transport, or use or explode any fireworks, provided that the Fire Official shall 'have power to adoptreasonable'rules and regulations for the granting of permits for supervised public displays of fireworks by a jurisdiction, fair associations, amuse- ment parks, other organizations or for the use of fireworks by arti- sans in pursuit of their trade. Every such use or display shall be handled by a ,competent operator approved by the Fire Authority hav- ing jurisdiction, and shall be,of such character and so located, discharged or fired so as not to be hazardous to property or endanger any person. Section 20.704(c) is amended to read as follows: c. Supervision. Every service station open to the public shall have, an attendant or supervisor on duty whenever the station is open for business. If the dispensing of Class 1 liquids at a service station available and open to the public is to be done bya person other than the ser- vice station attendant,. the nozzle, shal1 be a: lis,ted automatic closing type without hold open devlce. Section 32.103 is amended by the addition of Sub-sections f and g: 11 'I-rl _ _~ ~.. ~ 11 ~i.- '1 II ' ':, 1[~IIIIIIIllIillllllII:'] , . . . j! 14i!l~4Jl-llllll BlIIIllI ,! ..J11l1l!l!1[]1n:JI11l'Jl!I, L ' . "'_IIIl_n_iWklt,: l ~- --'-IT- rr ~ .~- L..II:JlIIri-' 1 ' fT 264 f. Incinerators shall be used only,during the hours,of one (1) hour after sunrise to one (1) hour before sunset, and that during the time the incinerator is in use, it shall not be left unattended. g. The incinerator shall not be used for the burning of garbage of any type, that burning of rubber or petroleum products or any substance that will give, off obnoxious odors. i '---.-i Section 3. 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 ~of , 1978. Motion by Commissioner Thompson, seconded by Commissioner Sellers that Ordi- nance Number 1111 be approved as read. Motion amended by Commissioner Sellers that Section 17.03 of Section 2 of Ordi- nance Number 1111 be amended to read as follows: b. "It: shall be unlawful for any person to P9ssess, store, to offer for sale, expose for sale, sell at retail, transport, or use or ex- plode any fireworks within the limits of the city. Amendment to motion died for the lack of a second. Voting Aye: Greene Sellers Thompson Voting No: Dunn '~i I Resolution Number 78-9 was presented to. the Commission and read in full: 1 l........J , " WHEREAS, Charles F. Cockrell has'served the. City of West University Place, Texas in. the capacity of City Attorney since the 15th day of December, 1954; and ' WHEREAS, the demand of his time and the increased activity of his profession has dictated the necessity of his resigning to devote tlme to his personal business and affairs; and WHEREAS, during all of his service, Charles F. Cockrell performed his duty and responsibility in such manner as to reflect credit upon himself, his family" his profession and. the city; and WHEREAS, his attitude and attention to his responsibility as City Attorney was received with respect and confidence and was given by him in a manner of personal worth and understanding; and WHEREAS, the City Commission invites Mr. Cockrell to continue his interest in the city and to participate in its civic, affairs; and WHEREAS, the City Commission wishes to re~ognize Charles F. Cockrell for his long and faithful service as City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY .oF WEST UNIVERSITY PLACE, TEXAS: :~ n LD LD (Y) m <( <( r: ~ n I I L' 265 Section 1. 'That the City Commission acting by and'through its authority, hereby commends Charle?, F.: Cockrell for his unquestionable pro- fessional integrity during' the many 'years of his servic'e to' thei~ city. Section 2. That the City Commission individually expresses its grateful appreciation to him for his ,unselfish devotion. Section 3. That t~is Resolution be spread upon the minutes of the City Commission, and the Mayor be,andhe is hereby, authorized to deliver to Charles F. Cockrell a true copy signed by each member of the City Commission and the City Manager. PASSED AND APPROVED this 13th day of March, 1978. Motion by Commissioner Thompson, seconded by Commissioner Sellers, 'that Resolu- tion Number 78-9 be approved as read. Voting Aye: All Voting No: None The Commission was presented a status report submitted by Mr. Don Tallant, Ad Valorem Tax Appraiser, employed to conduct a city-wide re-evaluation pro- gram. An invoice in the amount6f:$15,000 submitted by Mr. Tallant in ac- cordance with the provisions of their contract with the city, was presented for consideration. Motion by Commissioner Thompson, 5econded by Commissioner Sellers that state- ment in the amount of $15,000 received from Don Tallant, Tax Appraiser, for the completion of field work in connection with the city's re-evaluation program be approved for payment. Voting Aye: All Voting No: None The Commission was presented a Letter Agreement dated February 28; 1978 received from Langford Engineering, Inc. for engineering services required for reviewing the city's water supply~ storage facilities and distribution pumping capacity. Motion by Commissioner Thompson, seconded by Commissioner Sellers, that Lang- ford Engineering, Inc. be employed to assist in the study and location of water well #7 and appurtenances, including connecting main water lines. V oting Aye: AU Voting No: None In accQrdance with a recommendation from the Parks and Recreation Board, a list of equipment necessary for an identification system to be used for at- tendance to activities of the Parks and Recreat~on Department, was presented. Mot:i,on by Commissioner Thompson, seconded by Commissioner Greene, City Manager be authorized to advertise for bids for the purchase and supplies necessary for the preparation' ,and' distribution' 'of an tion card system. that the of equipment identifica- Voting Aye: All Voting No: None ~ ll:C"ImlDlllDDllllII: . 1 ... , r-"----:;L , ~ ..--. ,,!...DIIII!lIWIII!IIIIIl~]] ,'I . _.:JI_1B!lIII8IaII1W~ . II ----rlT rr --~ .~.~ t! II I I --'J 266 The Commission was advised that interested residents had been contacted to determine their'interest in serving as members of the city's Plumbing Board. Motion by Commissioner Sellers; seconded by Commissioner Thompson, that the following persons be appointed to serve as members of the Plumbing Board. I I '~ Ron Taylor 3131 Tang1ey Drive J. 'M. Hinrichs 3742 Wroxton T. o. Sword 4025 University Roy ,Harper 4038 Marquette Scott Cameron 5616 Buffalo' Voting Aye: All Voting No: None In accordance with previous instructions of the City Commission, Dr. Larry Pickering had been contacted with regard to' his interest in serving as a member of the city's Health Board and had replied that he would be grateful' , to serve. Motion by Commissioner Sellers, seconded by Commissioner Thompson, that the following be appointed to serve: as' members of the city's Health Board:, Dr. Larry Pickering 3424'Robinhood Dr. N. C. Windrow 2405 Tang1ey, 'Voting Aye: All Voting No: None ~ Mayor Dunn advised the Commission that consideration had been given to the inclusion of a recapitulation of the 1978 budget in the 1977 Annual Report in order to make it more current, and that the City Manager should be auth~ orized to advertise for bids for the publication of the 1977 Annual Report. Motion by'~ommissioner' Sellers, seconded by Commissioner Thompson, that the City Manager be authorized to advertise for bids for publication of the 1977 Annual Report, with such bids to be received by the City Commission at its regular meeting on Apri1'10~,1978. Voting Aye: All Voting No: None A letter dated March 8, 1978, received from Mr. John T. Mitchell, architect on the Colonial Park Recreation facility was reviewed, noting that the guaranteed maximumfeesiin both Rayko contracts had been reached; that the Dickey contract had been completed' and that the architectural firm is $1,053.59 below the maximum in the Syzygy contract. It was further noted that Mr. Mitchell anticipated no further additional service charges, and requested payment of the firm's final invoice in the' amount of $2,717.14., Motion by Commissioner Thompson" seconded' by Commissioner Sellers, that the final invoice in the amount of $2,717.14 submitted by Mitchell, Carlson & Associates for professional services rendered on the Colonial Park Recreation facility be approved for payment. ~ I , ! '-.....J u LO LO (Y) m <t <X: c Ii I I I L: 267 Voting Aye: All Voting No: None The Commission was advised that w~ter well #3 had stopped pumping and it was the belief that the well was' sanded.. Drilled on February 28,' 1939, repairs to the well had last beenmadein;1972. A request was presented'to employ Layne Texas Company to determine repairs that would be necessary to restore operation. Motion by Commissioner Thompson, seconded, by Commissioner Sellers, that Layne Texas Company be employed to do' repair work necessary to water well #3, in- cluding pump inspection, to determine repairs necessary to make the well opera- tional. V oting Aye: All Voting No:, None A report was presented to the Commission showing gasoline purchased from Con- tinental Oil Company during 1977, noting that the performance of the' gasoline in city vehicles was not good and that bids should be received for delivery of gasoline. Motion by Commissioner Thompson, seconded by Commissioner Greene, that the City Manager be authorized to advertise for bids for purchase of annual gasoline re- quirements. Voting Aye: All Voting No: None Mayor Dunn advised the Commission that Southwestern Bell Telephone Company had filed a statement of intent to change telephone rates which had been filed with the Public Utility Commission of Texas together with a summary of present and proposed basic local rates applicable to the city. Southwestern Argus reporter Sue Durio stated that she had prepared an article for publication on the city's recycling program in observance of the fifth anni- versary of the program. City Engineer David Steit1e presented the Commission a report citing a need for the purchase of a traffic counting machine. Mr. Steitle stated that such machine could be utilized by the Engineering, Police and Street Departments to validate citizen complaints and provide information to the City Commission. Mr. Steitle further stated that it was becoming more difficult to borrow a traffic counting machine as had been the city's practice in the past. Mr. Steitle was instructed to investigate alternatives to the purchase of such counting machine. Motion by Commissioner Sellers, seconded by Commissioner Greene, that Mr. Robert Chamberlin be appointed to serve as Chairman of the Council on Aging. Voting Aye: All Voting No: None Minutes of the regular meeting of the City Commission on February 27, 1978 were presented for consideration and the following action taken: Motion by Commis- sioner Thompson, seconded by Commissioner Sellers, that minu~es of the regular meeting of the City Commission on February 27, 1978, be approved as submitted. Voting Aye: All Voting No: None 1,1 1.1 q'~.;Ilil~III_11 I> rn mmlllflml1l1f ] IIr !ill " ! ..1II111!1W111J1111I ~1I .",. ' ' -..lIllIUilllllPlWifi It , .: I II i l II I L.llJtlIIIJI'1! I. .,1' I j II 268 Mayor Dunn announced that the City Commission would go into executive session for the purpose of discussing legal matters. City' Attorney David Allums advised the City Commission of the status of the lawsuit Winfield Campbell vs City of West University Place, Cause #1,145,462. Mr. Al1ums presented a proposed settlement of the case after discussing the facts with Building Inspector Wayne Perry and former City Attorney Charles Cockrell. It was the opinion of the City Commission that an agreed settlement should be entered and the oWner, Mr. Winfield Campbell, required to take out a building permit based on revised plans'and specifications in compliance with the agreed settlement.' ' The Mayor then announced that the City Commission would reconvene in regular session. After reconvening the following action was taken: Motion by Commis- sioner Thompson, seconded by Commissioner Sellers, that the meeting adjourn. Voting Aye: All Voting No: None ~~ . Mayor - ATTEST': ~~~~ Assi tant City Secretary , -, I ! , I I L-.i I I : r '--.J - " , I '---.J 269 u REGULAR MEETING OF CITY COMMISSION March 27, 1978 The City Commission convened in regular session at the City Hall on Monday, March 27,1978,7:30 p.m., with the following members present: Mayor Dunn, presiding; Commissioners Greene, Parks, Sellers and Thompson. The City At- torney and City Manager were also present; , 11) 11) (Y) CD <( <t The Invocation was pronounced by Commissioner Parks. Mr. George Faison, 3726 Nottingham, appeared before the Commission to request that' consideration be given to a manner in which residents maybe provided time to study the city's proposed budget for the' year 1979, prior to the public hearing that would be held to consider such budget. Mr. Faison stated that it was a further suggestion that the public hearing not be held in con- junction with a regular meetingbf the City Commission. Mayor Dunn advised Mr. Faison that consideration was being given to an :;l,1.ter- nate method of budget presentation,butthat no work had been done on the bud- get at this tlme~ ,,' n ) : "-....) In accordance with previous instructions of the City Commission, Resoluti6n Number 78-9 which was passed anduapproved at the regular me:eting of the City Commission on March 13, 1978, had been framed and former City Attorney Charles Cockrell invited to atten.d, the meeting. Mr. Cockrell introduced his wife, Yvonne and step-father, Louis G. Lobit. Mayor Dunn presented Mr, Cockrell Resolution Number 78-9" expressing apprecia- tion for the many-years ,ofi dedic,ate~se:rvice Mr,; Cockrell r'endered the city. Mr. Cockrell advised, those present that it was a pleasure to have worked very closely wit'h,C;ity Manager Whitt Johnson during the years, and to have had an bpportunitytoworkwith>the present and' manypast Commissions;statiilgthat most experiences had been a pleasure,' but' that he could recall a few zoning hearings that were not, and an:experiendewitha resident that loved dogs more than her neighbors had n.ot been apartic:ularly happy one, Mrs';; Marilyn Paxton, .Directoroftheciiyt.s Service to the Aging, advised the Commission that inasmuch as a written Annual Report. had been forwarded to the Commission for, review she preferred to address her remarks to some of the significant needs facing the city's seniors, enumerating as follows : 1. Need for some type of homemaker services for those persons who 'did not require nursing home care, but needed assistance in order 'to remain in their homes. ' 2. Need for home delivered meals. It was noted that 'the Mealsite Center was an excellent program for thos:eseniors able to take advan,tage of the program, but others were unable to attend the Center and were also unable to shop for foodbrprepare adequate ,balanced meals. " III r<rI jL_----'---'-~.1 ""HdiJiI_Wll_IIIIlIl_lli.- .. -1:1-.-ILLlImmnnmmIlIILl .. _11 ,[ ,J11I1J!!1[]JIl'lllffi.ll! ,I " JII_lllllllmllJi1iijl', . --------r- -T ~ T[ - ";--- . L[flli"""--T- ILl" ~~T 270 3. Need for transportation. Mrs. Paxton noted that over twenty-one volunteers had provided more than 1,000 trips for seniors over the past year. 4. Need for some type help on taxes on their homes that are becoming a burden fbr many seniors. i I '---' 5. Need for a permanent home for the Senior Center which has seen an increase in attendance with the employment of Mrs. Barbara Buck as Director. Mrs. Paxton stated that the employment of Mrs. Marjorie Clark had provided more time for coordination of services and had been of great benefit to the Service to the Aging. Mrs. Paxton then ihtroducedDr. Robert Chamberlin who had been appointed to serve as Chairman of the Council on Aging. Mayor Dunn advised Mrs. Paxton that members of the Commission were very pleased with the work she had done as Director and expressed appreciation on behalf of those persons who had been helped. The Commission was advised that in regular' session on Mafch13, 1978, the City Commission had appointed Dr. N. C. Windrow and Dr. Larry Pickering as members of the Health Board and that Mr. Perry J, Laas~ 3723 Arnold, had expressed an interest in serving to fulfill the provision of the, City Charter requiring that a licensed civil or sanitary engineer serve on the Board. Motion by Commissioner Parks, seconded'by Commissioner Thompson, that Mr. Perry Laas be appointed to serve as a member of the city~s Health Board. Voting Aye: All Voting No: None '-I I ~ Mayor Dunn administered the Oath of Office to Dr. Larry Pickering as a member of the Health Board, expressing appreciation at his willingness to serve on such Board. The Commission was advised that Mr. Charles Gillan, '3620 Georgetown; Mr. W. J. Beirne, 2618 Cason and Mr. Peter C.'Taafe, 3724 Rice, had agreed to serve as members of the Tax Board of Equalization for the year 1978. Motion by Commissioner Parks, seconded by Commissioner Greene, that Mr. Charles Gillan, Mr. W. J. Beirne ~and Mr. Pe'ter Taafe be appointed to serve as members of the Tax Board of Equalization. Voting Aye: An Voting No: None Subsequent to action taken by the City Commission on March 13, 1978, appointing members of the Plumbing Board, a letter has been received from Mr. Mike Hinrichs declining such an appointment inasmuch as he is moving from the city. Mayor Dunn administered the Oath of Office to Mr. Roy Harper, 4038 Marquette, as a member of the Plumbing Board. Item Number 6 on the City Commission agenda'for a report from the Insurance Committee concerning an increase in the cityts Comprehensive General Liability coverage is to be re-scheduled for the regular meeting on April 10th in order to provide additional time for the Committee to study the provisions of the Tort Claims Act. I i ~ 271 11 '----' Bids received for purchase of capital equipment included in' the 1978 budget were opened and results announced as follows: 'Te1ecepier - Police Department Xerox I.B.M. $ 1,720.00 No Bid Radar Unit ~ Police Department LD LD (Y) ([l <C <( Modus Operandi C.M.1. Law Enforcement Equip. Co. M.P.H. $ No Bid 1,050.00 2,245.50, 1,050.00 2 Electronic Sirens - Police Department Modu's Operandi M-S Sales Kenzac Communications Glenn-Pettit Company , $ 559.00 808.00 1,059.50 470.00 each lot lot each Fire Hose - Fire Department 500 I 21:2'" '>;Qn I 1 ~" Total I' I ' G Claude Wright & Assoc. Houston Fire & Safety Fire Fox Corp. 315.00 , 1,16h80 800.00 770.0'0 ' 442.92, 315.00 1,085.00 1,604.72 1,115.00 Uniforms ~ Police Department Shirt Tro'user Burke Uniforms Factory Sales Co. M-S S'a1e's 17.95 17.95 17.40 ' , 19.20 17.95 ' 26.95 20.00 , Cfothirig Lockers -' Sanitation Storagecraft, Inc. Houston Steel Equipment PersenaireProducts 1,504.00 1,575.00 No Bid Ice Machine - Street/Water/Sanitation Bid Alternate Houston Ko1d-Draft, Ford Equipment Co; Machine Ice Company Scotsman Norwood Company 1,477.95 1,690.00 1,472.10 1,337.00 2,139.95 No Bid No Bid 2,016.00 I '----' tl::L-.:U::ZIll~I.u=z_mr ~ .. ",[,.llIlIlIIIIlmDUll,::, ...JII..lllllliIUilliH JJ ~ ..........- -,-- 11- .,.....---LUJ Jill.'! ,Ii - 1111 II I I iT 272 Motion by Commissioner Parks, seconded by Commissioner Thompson,' that bids re- ceived for purchase of capital equipment included in the 1978 budget be referred to the City Manager and various Department Heads for tabulation and recommenda- tion. Voting Aye: All Voting No: None I I I i I ~ Mrs. Sue Durio, reporter for the Southwestern Argus covering the Commission meeting, introduced Miss Susan Jones who will be her replacement when she re- sumes classes at the University of Texas. Consideration was given to a letter dated March 21, 1978, received from Tomasco Investments Incorporated requesting r~lease from a six""month Lease Agreement for a tract of, land 40f x 100f in the 5000 block of Dincans Street owned by the city, inasmuch as they were unable to obtain a building permit to place a mobil office building on the site". Motion by Commissioner Thompson, seconded by Commissioner Sellers, that Tomasco Investments Incorporated be released from their Lease Agreement, effective April 10, 1978. Voting Aye: Dunn Greene Sellers Thompson Voting No: Parks Ordinance Number 111 adopting the proVls~ons of the Standard Building Code, with 1977 and 1978 amendments which was tabled on Ma;rch 13, 1978, was presented for further consideration and read in full. ii I , , '--../ Attention of the Commission was directed to the deletion of Section 106.2 re- quiring every contractor or builder to have a bond, if required, had been de- leted in its entirety. Attention was also directed to a section which had been included excluding corrugated iron sheets, galvanized iron sheets, galvanized iron shingles and galvanized iron. Motion by Commissioner Sellers, seconded by Commissioner Thompson, that Ordi- nance Number 1111 be tabled for the purpose of limiting the exclusion of Type B roof coverings, corrugated iron sheets, galvanized iron sheets, galvanized iron shingles and galvanized iron, to main buildings and garages. Voting Ay.e: All Voting No: None The City Commission was advised by the City'Manager that most capital equipment provided for in the 1978 budget had been purchased and remaining were two 2-way radios for the Water'Deparfment and two voice pagers for the Inspection Depart- ment. Motion by Commissioner Thompson, seconded by Commissioner Sellers, that the City Manager be authorized to advertise for bids for the purchase oftw02-way radios and two voice pagers, with bids to be received by the City Commi~sion at its regular meeting on April 24, 1978. Voting Aye: All Voting No: None , i I '--..J L LD L{) (Y) CD <C <t n L_' 273 A letter dated March 10, 1978, fro~Street Superintendent A. L. Bearden was presented to the Commission,out1in~ng ~he need for,rep~acem~nt of a dump hoist which had failed. It was noted that the estimated price of a new hoist, hydraulic assembly and necessary lapor for installation would cost approxi- ,mately $1, 200~ 00 and, had not been included in the 1978 budget. ' Motion by Commissioner Sellers, seconded by Commissioner Parks, that the City Manager be authorized to prepare specifications.and advertise for bids for purchase of a new hoist and hydraulic assembly to be installed on the Daybrook body now in use. Voting Aye: All Voting No: None Resolution Number 78~10 was presented to the Commission and read in full: , ' That the City Attorney, David Allums, be authorized to settle a lawsuit, Campbell vs City of West University Place, Cause Number 1,145,462 by agreement to enter into proposed judgment asset forth below and the pro- posed settlement agreement: JUDGMENT COMES NOW Plaintiff and Defendants in .the_above numbered and entit~ , led cause, by and through their attorneys of record, who ,in Open Court, re- quest the Court to enter the following judgment disposing of all matters pending before the Court: After review of the pleadings before the Court and considering the agruments of counsel for, the parties, the Court finds that Plaintiff should take nothing by,reason, of this'law suit, and all, relief prayed for by Plain- tiff should be denied. ,Further, the Court finds that hav.ing reached a satisfactory adjust-, mentof all matters and things in controversy in the above case, the Plain- tiff and the Defendants jointly move, the Court that it dismiss this cause with prejudice to the right of the Plaintiff to ever institute or maintain the cause of action, heretofore asserted in this suit., .. , It is therefore ORDERED, ADJUDGED and DECREED that Plantiff, , , WINFIELD M. CAMPBELL, taking nothing and all relief Plaintiff prayed for is hereby denied; and further, that this cause, is hereby dismissed with pre- judice to the right of the Plaintiff to maintain the cause of action hereto- fore asserted in this suit. All cost. of Court having been paid, no execution is to issue. PASSED AND APPROVED this day of , 1978. Motion by Commissioner Sellers, seconded by Commissioner Greene, that Resolution Number 78-10 be approved as read. ' Voting Aye: All Voting No: None .1 . J -.11 I' 1l;J~I~,.t-lIl1UmlUlI' .. TrlillllllDliilllur ]' ! JiLl'll l, )1. ,[ JDIII!!I[]IIIJJIllLJl! ," .~llll~f!'i'li!l, I ~ " ir---"j - r Tinln--iT- 'I II I I fj 274 City Attorney David Allums advised the Commission that the Judgement had been entered and he had met with Mr. Campbell and his attorney. Mr. Allums further advised that he had met witl1, former City ,AttQrney :Ch~.rlesCockrel1 and would be ,working on some tax suits which were to be dismissed. The Commission was presented a.Contractural Agreement between the City and City Manager Whitt Johnson for future personal and professional services in conjunc- ,tion with his planned retirement from the, city. Following a discussion regard- ing the provisions, of the Agreement it was deci~edtha~ further information should be obtained, concerning the deduction of Social, Security, Texas Munlcipal Retirement System contributions and federal income tax. The Commission was advised that a meeting had been scheduled with architect John Mitchell and city staff personnel to make an inspection of the Colonial Park Re- creation, facility at 2:3Q p.m. on Tuesday, March 28th, Following a discussion regarding the l~aks ,in the building, it was the concensus of the Commission that the, contractor be,adyised that the method of caulking used was not satisfactory and that the top bricks should be replaced and ade- quate flashing installed. A letter from Mr. Bill Black of the Metropolitan Transit Authority was pre- sented to the Commission, noting that a meeting would be held on June 1, 1978, for representatives of Bellaire, West UniveTsityand Southside to provide input to the Authority regarding the needs 'of. each area, The Commission was advised thatWolfertson Electric Company had commenced instal- lation of the new control panel at the Milton Street water plant, A plat plan for the proposed townhouse development on Bissonnet at Mercer was presented, noting that adequate utility service had been provided for the area and work was continuing on plans to assure drainage without water going into the back yard areas of adjacent residences on Albans Road. It was, suggested that cons ide.rat ion of the, creation of a non-profit corporation to receive gifts, and donations for park qevelopmentwithin the city be included on the agenda for a City Commission workshop meeting on Monday, April 3rd. Following a discussion regarding plans of the West University Little League to make certain improvements to the softball field located on the West University Elementary,Schoolgrourids which will include a 60t extensIon of the chain link fence; installation of on additional light on each of the four existing poles; and the installation of player benches, and electrical. scoreboards, the following action was taken by the Commission: Motion by Commissioner Sellers, seconded by. Commissioner Parks, that the City Commission authorize the expenditure of $2,600 to share in the cost of improve- ments to the softball field. Voting Aye,: Al1 Voting No: None It was the decision of the City Commission to not participate with other cities and the Texas Municipal League in a consolidated effort to jointly oppose a rate increase request filed by the Southwestern Bell Telephone Company with the Texas Public Utility Commission. II i I , '---' II I , I '----./ -, I i I ! i L..; 275 n Minutes of the regular meeting of the Electrical Board on March 20, 1978, were presented to the Commission for their ,information. , , Minutes of the regular;rlie~ting of'the Zoning Board ,of Adjustment' on March 15, 1978, were-presented to the Commission for their information. Minutes of the regular meeting of the City Commission' on March 13', 1978, were presented for consideration and the following action taken: Motion by Commis- sioner Sellers, seconded by Commissioner Greene; that minutes of the regular meeting of the City Commission on March 13, 1978, be approved as submitted. .. , LD LD (Y') CD <C <:( Voting kye: All Voting No: None With no further business to come before the Commission at this time', upon motion duly made, seconded and carried,themeetyrg adj aurned at 10: 4'5 p. m\ . .. . 4~ '~I' . . , t? ' /U~-- ayar -- ATTEST: [' A~.r\~ ss~ '1 y 'ecre ary ~ I ! '--' 11 I II I'} ~ .!'lIlf;Il.........--.-~ , I ,.llil<SI"Jldu,-All/ilII!IIlIIJ J.['jIillljUIImIDI["], J[,JUII!!I!llllllUlJJlJi, ,.. II 111III111l1l!lm1lllJUtf: . , I L.J:1 III' , F I' ! '! 276 REGULAR MEETING OF CITY COMMISSION April 10. 1978 The City Commission convened in regular session at'the City Hall on Monday, April 10, 1978, 7:30' p.m~, with'the following members present: Mayor Dunn, presiding; Commissioners Greene, Parks, Sellers and Thompson. The City At- torney and City Manager were also present. The Invocation was pronounced by Commissioner'Sellers. City Manager Whitt Johnson introduced members of the City Commission to Mr. Tony McClung, 3614 University Boulevard, as a candidate for appointment as a member of the Plumbing Board. It was noted that Mr. McClung was a Civil Engineer with also a degre~ in business and was a general contractor doing residential and commercial building construction. Mayor Dunn advised Mr. McClung that it had been the general practice of the City Commission to ,visit with prospective members of the city's Boards and Committees, and tnvited him to attend a workshop session of the Commission on Monday, April l7-th. Mayor Dunn administered the Oath of Office to Dr. N. C. Windrow, 2405 Tangley, and Mr. Perry J. Laas, 3723 Arnold, as members of the Health Board. Mayor Dunn expresse~ appreciation to Dr. Windrow and Mr. Laas for their in- terest in t~e_city and willingness to serve as members of the Health Board. Mayor Dunn administered the Oath of Office to Mr. Ron Taylor, 3131 Tangley, Mr. Scott Cameron, 5616 Buffalo and Mr. T. o. Sword, 4025 University, as members of the Plumbing Board. Mayor Dunn thanked each of the members of the Plumbing Board for their interest in the city and its affairs, noting that Building Inspector Wayne Perry would like to have a short organizational meeting of the Board. Mayor Dunn administered the Oath of Office to Mr. Charles Gillan, 3620 George- town, Mr. W. J. Beirne, 2618 Cason and Mr. Peter Taaffe, 3724 Rice, as members of the city's Tax Board of Equalization for the year 1978. Mr. Dunn thanked each Board member for their willingness to serve on the Board. Mr. John Carson, president, and Mr. Steve Dishman, superintendent, of Rayko Construction Company, appeared before the Commission to request payment of Estimate Number 9 (final) in the amount of $39,713.00 held as retainage on their contract for the construction of the West University Recreation Building and related facilities. It was noted that on March 28, 1978 an inspection had been made and all items included on a punch list prepared by architect John Mitchell had been reviewed. Minor items included had been corrected and the only remaining question remain- ing to be resolved was the method to be used to correct leaks in the area of the top course of the brick, where the metal flashing was installed on the perimeter of the Recreation Building. I; : I , I I I , , , , , I I ' LJ i~l i [ ~ ~, I i I I ~ n LO LO (Y) m c::r: <I: n LJ n 1 277 Mr. Carson stated that the crack had been caused by a design error and had been sealed with a silicone sealant; which ~ascbelievedto be satisfactory. Discus- sion developed that members' of the~Coimilission were concerned 'with 'problems which might be enc~unteredlate! and'their dissatisfaction with the existing condition. It was suggested that inasmuch as there had been numerous design errors and construction errors during the project, that the contractor and architect be requested to conciliate any cost that might be incurred in the removal of the top course of bricks and the flashing that had been installed under them. ' Motion by Commissioner Parl,<s, seconded by Commissioner Greene, that Rayko Con- struction -Company be paid the sum of $37,713.00, with $2,000.00 to be held from the contract price until such time as the flashing and top course of brick had been satisfactorily repaired. Voting Aye: All V oting No: None Mr. Wynne Creekmore, Chairman, and Mr. Seth Ramey, members of the Insurance Committee"and Mr., Frank Comiskey of the Comiskey Insurance Agency, the city's insurance carrier, were in attendance at the Commission meeting to present a" recommendation of the Committee on the city's workmen's compensation coverage and vehicle liability insurance. It was pointed out to t~e ~ommissi~n that Travelers Insuranc~, Company had made an ()ffer to. renew the city's insurance coverage, with some changes In the limits provided. Workmen's Compensation heretofore, had been carried on a three~year retrospective p~an and was now offered on ~ G~aranteed Premium Discount Basis, plus a 6% dividend. ' Vehi~le liabili:tyJnsurance coverage currently provides $250~OOO per person and $500,000 per occurrence. New coveragewi1l provideliIilits of only $100,000 per person and,$300,:OOO per occurr~nce.Means by which the city could obtain excess liability 'coverage to 'increase the total automobile bodily injury limits to the current amount were discussed,'notingthep0ssibility of the coverage being obtained from the Texas Municipal League'sponsoredprogram. Mr. Creekmore advised the ~omm~ssion that members of the Insurance Committee did not have sufficient information todeterJlline any bearing that governmental immunity under 't'he provisions of the: Texas Tort Claims Act might' have on the excess protection and was of the opinion that a legal opinion was needed from the City A:ttorneyon this subject. Motion by Comrilissioner Thompson, seconded by COmIDissioner Sellers, that the City Commission authorize renew~l of the Workmen's Compensation and General Liability insurance coverage the same as before, and renewal of Automotive Liability, coverage in limits of $100,000/$300,000. . Motion amended by Commissioner Thompson, accepted'by'Conimiss'i6ner Sellers, that such renewal be subject :to determination as to whether or not the insurance program sponsored by the' Texas Municipal League offers complet'e coverage, and if not the recommendations of the Insurance Committee in its report,dated April 7, 1978, be accepted. '11 'J 15ljIjlj1-WlllliulIIllI-' '~ n liIIllIllmnIIlU[ ]] I I 11 ! 11l'1TI_~--1L..~~ 278 Voting Aye: All Voting No: None Mayor Dunn'expressed appreciation to Mr. Creekmore, Mr. Ramey and Mr. Comiskey for their appearance and efforts in behalf'of the city. I ~1 ! Ordinance Number 1111 was presented to the Commission and read in full: I i \.....-! AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF,THE CITY OF WEST UNIVERSITY PLACE, TEXAS BY AMENDING SECTION 6-19 AND SECTION 6-20 BY ADOPTING THE 1976 EDITION OF THE STANDARD BUILDING CODE OF THE SOUTHERN BUILDING CODE CONGRESS INTER- NATIONAL, INC., WITH. 1977 AND 1978 AMENDMENTS THERETO; PRO- VIDING FOR CERTAIN AMENDMENTS TO SAID STANDARD BUILDING CODE; PROVIDING FOR THE FILING OF THREE (3) CERTIFIED COPIES OF SUCH STANDARD BUILDING CODE IN THE OFFICE OF THE CITY SECRETARY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Section 6-19 of the Code of Ordinances is hereby amended so that hereafter said Section 6-19 ~h,q,l1, read as follows: "Section 6-19. Adoption of Building Code. There is hereby adopted by the City Commission for the purpose of establishing~rules and regulations for the construction, altera- tion, removal,demolition,equipment,}lSe and occupancy, location and maintenance of buildings and structures, including permits and penalties, that certain building code known as ~he Standard Building Code of the Southern Building Code Congress International, Inc. (hereinafter refer~ed to as the St~dard Building Code) with 1977 and 1978 amendmentsthe~eto, and the whole thereof, save and except suchportionsBas are hereinafter deleted, modified or amended, of which,not less than three {3) certified copies have been and now are filed in the office of the city secretary and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this article shall take effect, the provisions thereof shall be controlling in. construction of all buildings and structures therein contained within the corporate limits of the city. II i I ' ~ Section 2. That Section 6-20 of the Code of Ordinances is hereby amended so that hereafter said Section 6-20 shall read as follows: "Section 6-20. Amendments to Building .Code. The Standard Building Code is hereby amended and changed in the following'respects: Section 106.2 is hereby deleted in its entirety. Section 106.3 is hereby amended to read as follows: ~ n LD LD (Y) m <( <( [ II LJ 11 279 The Building Officiai sha~l act upon an application for a permit with plans as filed, or as amended, without unreasonable or un- necessary delay. A per~it issued shall be construed to be a license to proceed-~,\liiththewor~ and shall not be construed as authority to violate, cl;lI:1Fel", alter;' or 'set aside any of the prpvisions of this code, nor shall such issuance,of a permit prevent the Building Of- ficial from thereafter requiring a correction of errors in plans or in construction, or of violations of this code. ~very permit , issued shall become invalid unless the work authorized by such per- mit is substantially commenced within sixty (60) days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six (6) months after the time the work is commenced, or the work authorized is not completed within one (1) year from the date the permit is issued, provided, that for good cause one and not more than two extensions of time, for period not exceeding ninety (90) days each, may be a~lowed, and, such extensions shall'be'in writing by the Building Officia~. Section 107.4 is hereby amended to read as follows: Fees in existence at the time of the adoption of the Standard Bu~lding Code shall apply. Section 109'i5 hereby amended by the addition thereto of a Section to be numbered 109,5, which said Section shall read as follows: ' ' :A certificate of occupancy shail not be 'issued by the Building Official unless and until all debris, garbage, trash and rubbish hl;ls been cleared from the construction site and the premise~ are in a clean 'arid sanitary condition. " Sections 111, 112 and 113 are hereby deleted in their entirety. Section 706.3 is hereby amended to read as follows: , . , Type B roof coverings, when installe4 on the main dwelling, garages or carports, shall exclude the following: Corrugated iron sheets, ga1vani~ed iron sheets, galvanized ~ron shingles, galvanized iron, or other iron materials. Secti~n" 2204.1 is hereby amended to read as follows: No previously constructed building, or part of any previously con- structedbuilding, shall be moved to or placed upon any lot, lots or building site located in the city. No building or part of any ~uilding currently located inside the city limits 'shall be moved from, through or across any sidewalk, street, alley or highway within the governmental limits without first obtaining a permit from .the Building Official. . , Section 2501 is hereby amended to read as follows: "l I !I-:r.l .. i ,II :tBllliIIIIIlll..uI "Trlilllillll1lilllmnl ']' lilLo' liLt I lJ, ,1.llllIIllIillllllllil!L1I 'H' ' ,jIIlllUII~U'11i L!.] "II. I I , '1. 280 Mobile homes are prohibited inside the city limits and, there- fore, all reference to mobile homes are herebY deleted." rl I I i ~ Section 3. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this' day of 1978. Motion by Commissioner Thompson, seconded'by Commissioner Sellers, that Ordinance Numberllll be approved as read. Voting Aye: Thompson Voting No: Dunn Greene Parks Sellers Motion by'Commissioner Sellers, seconded by Commissioner Parks, that the pro- vision of Ordinance Number 1111 amending Section 706.3 be deleted and Ordinance Number 1111 be approved as otherwise read. Voting Aye: All Voting No: None The Commission was advised that Mr. Norm Gruenzner, Public Relations Director for the Harris County Mosquito ContTol District had visited the dffice of the City Manager to request that all residents be requested to recognize the month of Mayas being important in the time of the life cycle of the Culex mosquito and requested to eliminate breeding places. It was noted that Harris County will not continue its mosquito spraying program, but will request citizen par- ticipation in effecting control. ' rl I I L..) Resolution Number 78-11 was presented to the Commission and read in full: WHEREAS, the month of May is Tecognized as important in the time of the life cycle of the Culex mosquito; and WHEREAS, the citizens of Harris County, for the present and future, are"now being asked to aid in this'period6f timerbrbeing:aware of the ,mosquito control district trucks on the roads; and WHEREAS, the citizens can further help by eliminating breeding places of mosquitos by getting rid of old tires, tin cans, bottles, jars, buckets, drums and any other container that holds water. ,Citizens can also help by repairing leaky pipes and outside faucets, emptying plastic wading pools,and changing water pans ,for chickens and pets daily. NOW, THEREFORE, BE 'IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE: The month of May, 1978, is hereby proclaimed as: MOSQUITO CONTROL ,AWARENESS MONTH and strongly urges the citizens of West University to aid in fighting the Culex mosquito by observing the guidelines set forth during this month, ~ u LD LD (Y) OJ <( <C r LI c 281 It is hereby ordered that this Resolution be spread upon the minutes of the City Commission this day of , 1978. Motion by Commissioner Sellers, seconded by Commissioner J;>arks ,,}that Resolution Numb~r 78-11 be approved as read. Voting Aye: All Voting No: None In accordance with instructions of the City Commission on March 27, 1978, when bids were received for'purchase of various capital equipment items included in the 1978 budget, the following recommendations were made: POLICE bEPARTMENT Radar Unit C.M.I. Inc. Modus Operandi Law Enforcement Co. $ 1,050.00 No Bid 2,245.00 It is recommended that the bid be awarded to C.M.I., Inc. on their low bid of $1,050.00. Two Electronic Sirens Glynn-Pettit Co. Kenzac Communications M-S Sales Modus Operandi $ 800.00 1,050.00 808.00 1 , 100 ~ 00, Glynn-Pettit Company submitted a low bid of $800,00, however, their bid carries a 12% price increase after April 1, 1978., We,: therefore, recommend that the bid be awarded to M-S Sales, Company, Telecopier Xerox I.B.M. $ 1,720.00 No Bid It is recommended that the bid be awarded to Xerox, Corporation inasmuch as it was the only bid received. Uniforms Shi rt Trousers Burke Uniforms 17.95 17;95 Factory Sales 17.95 26.95 M-S Sales (Short sleeve) 17.40 20.00 (Long sleeve)' 19.20 Burke Uniform submitted the low bid, however, the shirt they bid did not meet specifications which included yoke lining and the trousers bid were not poly- ester included in the specifications. We, therefore, recommend the bid be awarded to M-S Sales. " L,JIIUIIII!IIJllnllillLJJ! ".JIII1lIlHIIIH"I'Ulr!! ,I 'I LLI II I' I' "- 282 FIRE DEPAR1MENT Fire Hose 2:!.z" Hose l:!.z" Hose Total Fire Fox Corp. Houston Fire Safety Claude Wright & Assoc. 800.00 1,161.80 770,00 315.00 442.92 315.00 1,115.00 1,604.72 1,085.00 It is recommended that the bid be awarded to Claude Wright & Associates on their low bid of $1,085.00. The National Fire Hose is the same hose now used in the Fire Department and have proved to give good service. SANITATION DEPARTMENT Clothing Storage Lockers (30) Houston Steel Equipment Persenalre Park Products Storagecraft, Inc. $ 1~575;00 No Bid ,1,504.00 It is recommended that the low bid of $1,504.00 submitted by Storagecraft, Inc. be accepted. 'Ice Machine Ford Equipment Company Houston Kold-Draft, Inc, Machine Ice Company Scotsman-Norwood Company $ 1,690.00 1,477.95 1 ,472 , 00 1,337.00 Scotsman-Norwood Company, Inc. submitted the low bid, however, it is recommended that the next low bid in the amount of $1,472.10 from Machine Ice Company be ac- cepted for the Ross Temp machine as literature furnished by Scotsman does not recommend their unit be installed outside where ours would be located, and they also state their machine will not operate in air temperature above 1000. Motion by Commissioner Sellers, seconded by Commissioner Parks, 'that capital equipment purchas'es be made in accordance with the bid recommendations of the City Manager dated April 10, 1978. Voting Aye: All Voting No: None In accordance with previous action of the City Commission, bids received for printing 6,000 copies of the 1977 Annual Report were opened and results an- nounced as follows: Gulf Printing Company Western Lithograph Identiprint 'C &T Negative Service Wetmore &,Company $ 3,629.00 No Bid 2,989.20 4,208.00 3,757.00 Bids were received for delivery of annual requirements for unleaded gasoline and diesel fuel #2 were opened and results announced as follows: J Ii , U J VI I) 283 Unleaded Gasoline DielseFuel #2 Ii Exxon $ 0.4350 $ 0.4030 I Triple "L" .. 0.472 ,~O. 485 , ,- Gulf Oil 40.20 39.70 '---- Mobil Oil 0.4420 0.4040 Texaco No Bid No Bid She 11 Oil No Bid No Bid Bids received for delivery of a complete identification system for use of the Parks and Recreation Department were opened and results announced as follows: LO LO (Y') CD <t <t General Binding Corporation American Stamp & Novelty $ 1,531. 00 1,230.25 Motion by Commissioner Parks, seconded by Commissioner Greene, that bids re- ceived for purcahse of 6,000 copies of the 1977 Annual Report, annual gasoline and diesel fuel oil requirements and a complete identification system for use of the Parks and Recreation Department, be referred to the City Manager for tabulation and recommendation, and if the lowest bid received meets specifica- tions, that the City Manager be authorized to accept the proposal. Voting Aye: All Voting No: None Resolution Number 78-12 was presented to the Commission and read in full: ,--. I ' I WHEREAS, from time to time it becomes necessary to appoint persons to serve as Deputy Clerk of the Municipal Court of the City of West University Place, Texas; and '-- WHEREAS, Mr. Gordon Lavender has been employed as Police Dispatcher and is 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 Mr. Gordon Lavender, be, and he is h~reby, appointed Deputy Clerk of the Municipal Court of the City of 'West Uni- versity Place, Texas. Section 2. That the appointment of Mr. Gordon Lavender as D'eputy Clerk of the Munfdpal 'Court of the ,City of West' University Place, Texas, shall be effective with the passage of this Resolution and that he shall assume the assigned duties of Deputy Clerk after having been administered the proper Oath of Office. PASSED 'AND APPROVED this 'day' of , 1978. Motion by Commissioner Sellers, seconded 'by CommissIoner Parks, that Resolution Number 78-12 be approved as read. ' L Voting Aye: Al i Voting No: None i II II , I ,lIf II I I , , '1IIJIllllllkBlIIIHIUIIII , , lirlilrnlllflliilllmJr'T' ,1..JDUlIIIlilJIUlll.l'I, ,lIll1l1nlU;;~Jltil,," .. , I I I'J 111,1 II 11 284 Motion by Commissioner Parks, seconded by Commissioner Greene, that Mr. Charles Orsburn be reappointed to serve as Associate Judge of the Municipal Court for a sixty (60) day period. Voting Aye: All V oting No: None ...........; Attention of the Commission was directed to a prior presentation of all reports, records and recommendations received from Layne-Texas Company" engineers and hydr- logist regarding the failure of water well #3 because of excessive sanding. It was noted that official records should show that the well had been officially abandoned by the City Commission ,in order that the pump, motor and shaft might be removed; the well removed from records of the Houston-Galveston Area Subsi- dence District; and the State Department of Health. Motion by Commissioner Greene, seconded by Commissioner Sellers, that minutes of the City Commission and permanent records reflect that water well #3 has been abandoned on the basis of recommendations 'from qualified engineers and hydrologist in a report dated March 22, 1978. Voting Aye: All Voting No: None A statement in the amount of $1,460,00 submitted by City Attorney David Allums for legal servicesrend~red during the period February 13, 1978 to March 31, 1978, was presented for consideration. .. , Motion by Commissioner Parks, seconded by Commissioner Sellers, that statement in the amount of $1,460.00 submitted by: City Attorney David, Allums, be approved for payment.' Voting Aye: All Voting No: None , i '---" The Commission was advised that' a decision should be made regarding an appro- priate time for construction and rehabilitation of the Wi,er Park tennis courts in view of previous discussion regarding the desirability of interrupting use of the courts and parks as little as necessary during the peak use season of the summer months. Motion by Commissi'oner Parks, seconded by Commissioner Sellers, that concrete work on Wier Park tennis courts be commenced during the month of September. Voting Aye: All Voting No: None Discussion regarding instruments crbating a non-profit organization to receive funds for development of city funds~/was deferred to a workshop session on Mon- day, April 17th. City Attorney David Allums advised the Commission. that he had researched the procedure necessary to close a portion of Simmons Street near Judson Park for park usage and had determined that such action could be taken by the City Com- mission if it so desired. .. Additi"onal discussion on this subj ect is to be in- cluded on the agenda for the City Commission workshop session to be held on April 17th. I J Mr. Allums also advised the Commission that he would prepare a report on the city's responsibility under the provision of the Texas Tort Claims Act in the next few days. r I : '----- L[) L[) (Y) m <C c:x: Ii I I ~ ["" 285 The Commission was presented a procedure developed by the City Manager, City Attorney and Building Inspector to be followed in cases of building regulation and permit violations enc~untered by the Inspection Department. Mr. Allums advised the Commission th8:t a:f;ter, th~ Bu:i,lding Inspector had;ma,d~,~al1' efforts provided by. the procedure. to have a violation corrected without success, he would make a further attempt. If such attempt on the part of the City Attor- ney resulted in a continued violation he would request permission from the City Commission to file suit. The Commission was advised that it had come to the attention of the City Manager that numerous areas of the city were not included under the provisions of the fire'limit ordinance, such as city property~ churches and church owned/used property, an,d the YMCA property. ' The . City Manager was instructed to have the, necessary ordinance prepared for consideration by the Commission. A letter from Mr. BarryM. Goodman, Administrator, Public Transportation Depart- ment of the City of Houston, requesting consideration to change the University Boulevar~bus service is, to b~ i~cluded o~ the ~genda for the Commission's work- shop session on Monday, April l7.thh " , Minutes of meetings oLthe Parks'and__Recreation..Department on February 20th and March 6th were presented to the Commission for their information. Minutes of a meeting of the Ambulance Committee on March 20th were presented to the Commission for their information. Minutes of the regular ',meeting of the .Ci ty Commission on March 27, 1978, were presented for consideration and the following action taken: Motion by Commis- sioner Parks, seconded by Commissioner Greene, that minutes of the regular meet- ing of the ,City Commission on March, 27, .1978 ,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 10:25 p.m. ~~ ""'~ , ,ayor, " ATTEST: ~~~~ Assistant City Secretary.- ,- .. ~' , ....--. . <.. ,:Cl:II:lDlC1llllIrmIlnlI[""]: ,~w+..... - ..l..JDDUIlllllIImIL]~1 " ....,' . .JII_lllllIEiQUfQff<<; 1111 I ~,I~~'~-[-~I--' rr--JT~~ ~r 286 I R~GULAR MEETING OF CITY COMMISSION Apr; 1 7.4, lQn The City Commission conve~ed in regular ~essiQn at the City Hall on Monday, April 24, 1978, 7:30 p.m., with the following members present: Mayor Dunn, presiding; Commis- sioners Greene, Parks, $el1ers and Thompson. Th~ City Attor~eyand City Manager were also pres~nt. ' --J The Invocatio~ was pronounced by Commissioner Thompson. , ", Mr. Arnold Ahrens, 3729 Nottingham, requ~sted the City Commission to arrange the Agenda so that discussion items would occur.ahead of bid items inasmuch as citizens desiring to speak on 9-n agenda item had,to wait sometimes as long as two or three hours to be heard. In particular he stated that at the regular meeting on March 27th he stayed at the" meeting until 10:00 p.m. . and after he left the subject of the pro- posed ilJlprovements to the softball field was discussed and expenditures approved by the City Commission and that he had attended theme~ting as 9- representative of mem- bers of the softball teams to advise the City Commissio~ of ideas for realigning the field to obtain another playing field before they approved any expenditures. Mr. Ahrens was advised th~t the first item,on the Agenda at all meetings was the "Hearing of Residents" and that the Commission at all meetings changed the order of items to accommodate persons on request. . Mr. Jim Magee, 4142 Marquette, advised the Commission that several months ago he had workmen begin construction of a ~arbeque pit in his backyard and requested a building permit for same two or three days, after it was started at ~hich time he was advised that the structure was locateq in the rear setbac~ and would have to be moved. Later after moving the building, at considerable expense, he received a letter from the Building Inspector that the building was still in the setback and would have to be moved. He also stated that to his knowledge no inspection was made to determine the location. He was advised that he would have to have a survey made of his property to determine the proPlilrty, line. M:r.Magee said he had investigated other construction in the city and they were not required to have a survey and he needed an explanation as to why he was required to do so. ..-., I I i '~ Building Inspector Wayne Perry stated that Mr. Magee had used the fence line as the guide for placement of the structure but that in accordance with his measurements the fence was approximately three feet beyond the property line. Mr. Magee said the fence had been in that place since he purchased the property over twenty-five years ago. He was advised that his recourses were to move the building, apply to the Zoning Board of Adjustment for a variance, locate stake marking the corners of the property or present a survey showing the property lines. Motion by Commissioner Thompson, seconded by Commissioner Sellers, that Mr. Tony McClung, 3614 University Boulevard, be appointed as a member of the Plumbing Board. Voting Aye: All Voting No: None I I I ; I U Mayor Dunn administered the Oath of Office to Mr. McClung as a member of the Plumbing Board. [ LD LD (Y) (1)' <C <t: n Li c 287 In accordance with previous action of the City Commission, bids received for two walkie-talkies and two voice pagers to be used in the water and inspection depart- ments were opened and results announced 'as follows: Walkie-Talkies, Voice Pa~ers Claude Wright & Associates Motorola General Electric No bid 1,437.00 No bid No bid 724.00 975.00 Motion by Commissioner Parks, seconded by review bids on two walkie-talkies and two deems most advantageous for the city. f . Voting Aye: All Commissioner Sellers, that the City Manager voice pagers 'and purchase equipment he Voting No: None' In accordance with previous action of the City Commission, bids received for fur- nishing a new hoist to be mounted on a ci~y owned vehicle to replace damaged hoist were opened and results' announced as follows: , , , Truck &. Pickup "Equipment Borp. $1,137.21 Motion by Commissioner Thompson; seconded by Commissioner Parks, that bid from Truck & Pickup Equipment Corporation in ,the amount of,$1,137.2l for furnishing one new hoist to be mounted on city'owned vehicle be accepted. Voting Aye: All Voting No: None Resolution Number 78-13 was ~resented to the Commission: "WHEREAS, Mr. Don R. Ojeman employed as Police Dispatcher and appointed Deputy Clerk of the Municipal Court of the City of West University Place, Texas, has resigned his position with the city; and WHEREAS, from time to time it becomes necessary to appoint additional per- sons to serve as Deputy'Clerk of the Municipal Court of the City of West Uni- versity Place, Texas; and WHEREAS; Ms . Pam Carroll and Ms. Nelda Banks '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 PLACE, TEXAS: Section 1. Tha~ Ms. Pam Carrol and Ms. Nelda Banks be, and they are hereby appointed Deputy Clerks of the Municipal Court of the City of West University Place, Texas. Section 2. That the appointment of Ms~" Pam Carroll and Ms. Nelda Banks as Deputy Clerks of the Municipal Court of the City of West University Place, Texas, shall be effective with the passage of this Resolution,' and that they shall as- sume the assigned duties of Deputy Clerk after having been administered the proper Oath of Office. ,:, L JDDUDlIIlIII!WIII l!' '.. ,',' ....JII_I.lI~lI~t:t,,,,! IT""'" -on --",- _.~~_. 11 ~T_ 288 , , , PASSED AND APPROVED this , day of , 1978." Motion by Commissioner Thompson~'seconded'by Commissioner Sellers, that Resolution Number .78:-13 appointi.ng Ms . Pam Carroll and Ms. Nelda Banks as Deputy Clerks of the Municipal Court of the City of West University Place, Texas, be approved as pr.e?ented. i-I ! ! , ~ Voting Aye: All Voting No: None Invoi~e from the Texas Municip~l League in'the amount of $1,080.00 representing the city's share of'the cost of League services for one year was presented to the Commission for consideration. Motion by Commissioner P~rks, seconded by Commissioner Thompson, that invoice from Texas Municipal League in the amount of $1,080.00 representing the city's share of League services for ,one y~ar pe appr~ved for payment. Voting Aye: All," Voting No: None In accordance to...previous instruct~ons of ,the City ,Commission, the City Manager stated that after r~viewing the bids forfurhishing the city's requirements for gasoline ,and diesel fuel #2 ,an~ talking ,with the various company representatives it w~s ascertained that af~rm price was notq~otedby any of the bidders, but that the one year's agreement is in effect a supply agreement rather than a price agree- ment and recommended that Gulf Oil 'Company'bid of 0.4020~ per gallon for unleaded gasoline and 0.3970~ per ,gallon for diesel fuer #2 be accepted. Motion by Commissioner Thompson, seconded by Commissioner Parks, that Gulf Oil Company bid of 0.4020~ per gallon for unleaded gasolirieand 0.3970~ per gallon for ,diesel fuel #2 be ,accepted. i i I : U Voting Aye: All Voting No: None In aC~Q];dance ~o previous instructions of~he ~i ty COJIlTI!.ission , City Manager ad- vised he had ~poken with Mr. John~rien, Vice-President, Sales, of Identiprint, Inc. concerning his low bid for printing 6,000 copies of the city's annual report and that Mr. Prien stated it would still be profitable to his company at the quoted price and that he was a resident of West University Place and interested in doing this for the city. The City Manager recommended that Identiprint, Inc. low bid of $2,989.20 be accepted. ' . ' , Motion by Commissioner Thompson, seconded by Commissioner Parks, that the low bid of ldentiprint, Inc. of $2,989.20 for printing 6,000 copies of the city's 1977 annual report be accepted. VotlngA.ye: 'Ail V oting No: None Ordinance No. 1112 was presented to the Commission for consideration: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF'WEST'UNIVERSITY PLACE, TEXAS BY AMENDING SECTION 6-21 TO PROVIDE 'FOR THE ADOPTION OF THE 1976 EDITION OF THE , , STANDARD MECHANICAL CODE, WITH 1977 AND 197~ AMENDMENTS, EXCEPT AS TO CERTAIN PROVISIONS SPECIFICALLY DELETED, MODIFIED OR AMENDED; PROVIDING FOR THE FILING OF THREE , I , I \ I I~ n LD U) (Y) (() c:::c <( [J n I i Li 289 (3) COPIES OF SUCH CODE IN THE OFFICE OF THE CITY SECRE- TARY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED ,BY THE CITY, COMMISSION OF THE CITY''OF~WEST UNIVERSITY PLACE" TEXAS: Section 1. That Section 6-21 of the Code of Ordinances of the City of West University Place is hereby amended so that hereafter said 'Section 6-21 shall read as follows: ' "Section 6-21. Adoption of Standard Mechanical Code;' There is hereby adopted by the city and declared operative therein for the purpose of establishing rules and regulations for the erec- tion, construction, 'alteration, repair" removal, conversion 'and 'main- tenance of air conditioning, heating systems and refrigeration units, the Standard Mechanical Code, 1976 edition, with 1977 and 1978 amend- ,mentS thereto, as recommenaed bythe'Southern Building Code Congress, International, save and except such portions as are hereinafter de- leted, modified or amended, ,of which code not less than three (3) certified copies have been and now are filed in the office of the "city s'ecreta:ry, 'and't'he same are' hereby adopted and incorporated as fully as if setout at length herein, the provisions thereof shall be con t ro 11 ing wi thin the limit,s of the' 'ci ty . " Section 2. That the Code of Ordinances of the City of West University Place is hereby amended by the addition thereto of a Section to number 6-21.1, which said Section shall read as follows: "Section 6-21.1 ' Amendments to Stanaard Mechanical Code. ' Section 102.1 is amended to read as follows: The City Building Inspector is hereby designated the Mechanical Official; Section '102.2 is delted'in its,entirety. Section 106.3 is amended 'to read as follows: Fees i,n ,exi,st,ence at the time of the adoption of the ,Standard Mechanical Code shall apply. Sections 110, III and 112 contained in the 1977 and 1978 revi- sions to the 'Standard Mechanical Code are deleted 'in their en- tirety. Section 504' (k) is added to read as follows; A return air duct must be installed to within ten (10") inche~ of first floor level in all new residential construction and whenever possible in all existing structures." Section 3." This Ordinance shall take effect and 'be in force from and after its passage and approval. l' II .-------'-.....J.....:...~~~~~I , I lITe lIlImI[][]JJunn[' l" I I '". 11~~~~'fiIIlIl!HHIIllr , , L ,JDUUBllllIJI[illl!l.JEI '.. I ' . -lIIIIUa 1I11i1'lJ~lIlO1l1' II' I I I , "1 ~~~JIIII,ll.jll'-'t I~I IL 290 PASSED AND APPROVED this day of . 1978. Building Inspector Wayne Perry advised the city is now operating under 1969 NFPA guidelines which are very vague and general, that the Standard Mechanical Code goes in depth into fireplaces, incinerators, covers new flexible pipe and material which are UL rated. "~ i I I I I ~ Motion by'Commissibn'Thompson, seconded by Commissioner Sellers, that Ordinance No. 1112 amending the Code of 'Ordinances of the City of West University Place to adopt the 1976 edition of the Standard Mechanical Code, with 1977 and 1978 amend- ments be approved as presented. Voti~g 'Aye: All Voting No: None Ordinance No. 1113 was' presented to the 'Commission for consideration: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF 'WESTUNlVERSITYPLACE~ TEXAS BY AMENDING SECT-ION 18-26 'TO PROVIDE.FOR THE ADOPTION:OFTHE 1976 EDITION OF THE STANDARD GAS CODE, WITH 1977 AND 1978 AMENDMENTS, EXCEPT AS TO CERTAIN PROVISIONS SPECIFICALLY DELETED, MODIFIED OR AMENDED;' PROVIDING FOR THE FILING OF THREE (3) COPIES 'oF"SUCH'CODH rN'JTHE'OFFICE 'OF THE"CITY SECRETARY; AND PROVIDING AN EFFECTIVE DATE: " ~t .. ," , Section 1. That Section 18-26 of the Code of Ordinances of the City of West University Place is hereby amended so that hereafter said Section 18-26 shall read as follows: I J , J ~ "Section 18-26. Adoptio~ of Standard ~as Code. There is hereby adopted by the city and declared operative therein for the purpose of provid~ng minimum standards, provisions and re- quirements for safe installation of all gas piping and gas appli- ~~ces installed, replaced, maintained or repaired within the city, Standard Gas Code, 1976 edition, with i977 and 1978 amendments there- to, as recommended by the Southern Building Code Congress, Interna- tional, save and except such portions as are hereinafter deleted, modified, or amended, of which 'code not less than three (3) certi- fied copies have been and now are filed in the office of the city secretary, and the saIDe are hereby adopted and incorporated as fully as'if set out at length herein, the provisions thereof shall be controlling within the limits of the city." Section 2. That the Code of Ordinances of the City of West Univer- sity Place is hereby amended by the addition thereto of a Section to be numbered 18-26 ~ i ~ whlch said' Sectibh 18-26; i' shail read as" follows: ---.., I "Section, 18:::26:-1'.' 'Amendments "to Standard Gas Code. Section 108 is hereby amended to'read as follows: I , ! I '-.-J 291 c To provid~ for the administration and enforcement ,of this code, the office of Gas Inspector is hereby created. The Inspector, and..such assistants,a,s may he_ne~essary in the proper performance of the duties'>ot"t,he -office ,shall be appointed ,by 'dille, proper muni- cipal, county or state authority. The Inspector and such assistants shall be qualified by training,orexperience in the installation of gas piping and appliances.- The City Building Inspector is hereby designated as the Gas Inspec- tor. Section,llO(a) is hereby amended to read as follows: LD LD (Y) tIl c:::c c:( (a) A person shall not, install a gas conversion, burner, floor furance,central heating and air conditioning,unit, vented wall furnace ,water heater, boi'ler , ,incinerator, consumer's gas piping, or convert existing piping to utilize fuel gas without first ob- taining a permit to do such work; however, permits will not be re- quired,for setting or connecting other gas appliances to existing stop cock, or for the repair -of leaks in house piping. Sections 113.1, 113.2 and 113.3 are deleted in their entirety. Section, 113.4 is -hereby amended to read as follows: n "--../ On ,all ,installations requiring a permit, as set forth in Section 110, a fee of each 'permit shall be paid as,required at the tinieof filing ',application~ in a~cordanoe-with,theschedule of permit fees pro- vided in Section 106.3 ,of the Southern Standard Plumbing Code. Section 207.4(b) is hereby amended to read as follows: (b) When the administrative authority determines that it is not practical to avoid the installation of house ,piping that is buried or laid under a floor slab, the-gas piping shall be encased in wrought iron, steel pipe or schedule 40PVC or ABS. Plastic piping may be used for sleeving material. Such casing shall extend into a normally usable and ,acceptable portion of-the building. At the point where the casing terminates in the building, the space between the casing and the gas piping shall be tightly and permanently sealed with materials such as commercial casing seals, plastic, foams,cement, tars or asphalt mate- rials. ' The casing shall extend at least "four, (4") inches outside the , building and be vented and installed, in a way as .to prohibit the en- trance of water. The entire installation shall be such that the gas piping, can be readily replaced without damage to the building. Section 208.13 (c) shall be added to read, as follows: c (c) The use of plastic pipe andfittings,is prohibited in or under buildings or slabs or within five (5') feet (measured horizontally) from the entrance riser to the building. Plastic piping one-half (.!z") inch and larger shall be buried with minimum:of eighteen (18") inches of cover. Plastic piping ,or tubing under one-half (~") inch nomi- nal diameter to be buried with minimum of six (6") inches cover. . <... !:c:r:lc.m:m~rt:lIl::III1T:n:. 1. ... [. .JrDllll!lIlImJIn!L::JJl .... I. . .-1IItllldl'I'I~~'.1 nil t I I-~ " L-L.I Ijltt~1 ;1 II I 1..!:.........:1 -, 292 Section 210 is hereby amended to re~d as follo~s: Before any system of consumer',.s gas piping is finally put in ser- vice, it shall be carefuLly tested to assure that it is gas tight. Where any part ,of the syst~mis to be en~losedor concealed, this test should precede the work of clQsing in. Tq test for tightness, the piping shall be filled with air or inert gas, but not with any other gas or liquid. II i f : l I --...-../ In no case shall oxygen ever be used. Initial pressure test on gas piping .in new construction, minimum of ,25 psig. Final pressure test of 12" of mercury column. Pressure test for newly added piping: If using an.existing opening install stop and test and new piping at minimum'often ,ClOtl) in~h, mercury colump.~ if cutting, or breaking, into existing line Gl,nd ,installing fittings, whole house pipings system must be tested with m:i,nimum of,t~n (10") .inch mercury column. Higher p:r:essure, piping, must stand a ,pressure 0:1; at least ,ten (10) PSIG, but never~ess than ,twice th~ maximum pres~ure to which the piping will be subfe~ted in' op~ration, for:a period of not less than ten (10) minutes without showing any drop in 'pressure. ' , , Section 213(b)is hereby amended to read as follows: (b) -the u~e 'of p'lastic pipe' and 'flttings is prohibited in or under .buildings or slabs orwith:i,n,five (5') feet (m~asured horizontally) from the entrance ris~r to the building. Plastic piping one-half (~"j inch and larger to b~ buried with m:i,nimum of.eighteen (18") inches of cover. Plastic piping or tubiI+g under one-half (!ztl) inch nominal diameter to be buried with minimum of six (6t1) inch cover. il i i -----.J Section 301.7 is, h~reby amended, to r~ad as follows: All gas fire appliances must be installed with burner manifold or pilot; nozzle to be min;imum of e:ighteen (18t1) inches from the floor. Gas.appliances shall be located, or reasonably protected, so that they are not subject to physic~l damageby,a moving vehicle. Section 302.l(c) is her~by amended to r~ad as follows: . " (c) Senii-Tigid tubing shall be a maximum of thi:r:ty-six (36") inches when in the sam~ room as ,the . appliance. Whe? approved by the autho- rity having jurisdiction and accept~ble to the gas company, greater lengths maybe used and need not be connected to an outlet in the same room as the appliance, The connector or tubing shall be installed so as to be protected against physical damage. '~ I .' . . - '. The use of listedquic~~disGon~ect devices shall be permitted. Se~tion :3. '\Thi~6rdini::mce sh.al1.t;ake effect and, be in force from and after its passage and approval. day of , 1978. \ i U PASSED AND APPROVED this ~ L, LD LD cry m c:::c <( n LI [: 293 The Commission was advised the adoption-of the Standard Gas Code was recommended by a Code Study Committee about two years ago and this revised edition is basically the same with amendments-concerning the use of plastic pipe with certain restructions. '".--,., :,''':' - Motion by Commissioner Thompson, seconded by Commissioner, Sellers; that Ordinance No. 1113 amending the Code of Ordinances of the City of West University Place, Texas to adopt the 1976 edition of the Standard Gas Code, .with 1977 and 1978 amendments, be approved subject to addition of "nominal diameter" after the word "larger in Section 208.13 (c), first paragraph, ,and Section 213 (b), ,first paragraph. Voting Aye: All Voting No: None Ordinance No. ll14 was presented to the Commission for consideration: AN ORDINANCE CREATING A WEST UNIVERSITY PLACE PARKS FUNDS; DESCRIBING THE MEMBERSHIP OF SUCH BOARD; PROVIDING THE LENGTH OF SERVICE OF MEMBERS; ,PROVIDING FOR ORGANIZATION OF THE FUND; PROVIDING FOR.THE SUBMISSION OF FINANCIAL RECORDS AND ANNUAL REPORTS; APPROVING THE FORM AND SUB- STANCE OF THE ARTICLES OF INCORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission desires to seek ,the support and interest of its citizens, to provide financial assistance for the upgrading of its park system and acquisition of additional park area. NOW, THEREFOREr BE IT ORDAINED BY THE CITY COMMISSION OF THE ,CITY OF ~EST UNIVERSITY PLACE, TEXAS: Section 1. 'There is hereby created the West University Place parks Fund, hereinafter called the "parks" fund, which shall consist of seven (7) members, who shall be appointed by the City Commission. The members of the parks fund shall appoint from within its membership a recording secretary who shall serve without pay, but shall have voting and all'other-privileges'of members. Section 2. The initial terms of the members of the parks fund shall be as follows: (a) One member shall be the Mayor or a member of the City Commission whose term shall run concurrently with his term of office. (b) One member shall be a representative of the Parks & Recreation Board'whosetermshall run concurrently with his term as a mem- ber of the.Parks and Recreation Board. (c) Positions three, four and five shall run for the remainder of the year 1978 and through December 31, 1979. (d) Positions six and seven shall run through December 31, 1980. Subsequent appointments shall be for two (2) year terms for each of the positions provided, in the event of death, resignation or removal, appointments shall be for the balance of the term of the position. Each member shall hold office until his successor has been appointed and confirmed. I t ~I III Ii' IIi .--r-l , Irr'1ii1llllrrnllllITlI l' 'I'U; ~ldlllnfmlli , , L ']llllI!Il!Illmullll J"! _ . . --!I[llI,; 1,111. . j ,'. -I" 0-1 L~-I r""---,-r-"-- [J 294 Section 3. The Parks Fund shall organize by electing from their mem- bership a cha~rffian\ a~ic~-chai~all, 'and a secretary-treasurer, each of whom shall hold office for one year, or until their successor shall have been appointed and qual~fied. The members of the Parks Fund may adopt such admin~st~ative procedures as are necessary or convenient to accomplish the purposes as Set out hereinafter. .---, '.- : I , \ i G Section 4. The purposes ,for which the corporation is organized are: (a) : To solicit gifts and bequests and to administer funds soley to be used for acquisition of land, construction, improvements of parks and particularly for the area long Poor Farm Ditch known as Independence Park, but to include existing or other 'park sites that may be obtained in the City of West University Place, Texas. (b) To review and make advisory recommendations to the Parks and Recreation Board pertaining to the parks fund with final deci- sion on expenditure of funds to be at the sole discretion of the City Commission. (c) To engage in any activity which may be necessary or incidental to the accomplishment of the non-profit governmental functions mentioned above. Section 4. The financial books and records of the parks fund shall be open to inspection and audit during regular business hours by authorized repre- 'sentatives of the" clty, or by independent 'Certified Public Accountants employed by the city. Commission. ' The parks fund shall make an annual financial report to the City '~I I I I I LJ - " Section 5. 'Regular parks fu~d meetings shall be held monthly and a quoraum shall consist of four (4) members. In addition, special meetings may be held in accordance with such rules as the fund may provide. Section 6. Parks fund members may be removed by the City ,Commission for the following causes: (a) Four (4 consecutive absences from regular monthly meetings of the parks fund. (b) Failure to abst~in in voting or participating in activities of the parks fund where direct or indirect conflicts of interest are, or may be, involved. (c) For conduct, whether or not resulting in a conviction, which impairs the ability of the member to carry out his parks fund duties. Section 7. An city Department Heads and their staffs shall provide requested information to the 'Directors of the,parks fund. The City Attorney and his staff will be requested to provide legal services to the parks fund with pro- per compensation: I I ~ u LD LD cry m <( <t: n ~' [ L 295 Section 8. The City Commission hereby approves the form and substance of the proposed Arti~leof I~corpo~ation of the City of West University Place Parks Fund, to be incorporated:,:l/S,; on 'file in the office of the City: Secretary. In the event of the dissolution of this corporatio~, the City of West University Place shall suc- ceed to ~he funds and assets of the corporation ~x~ept to the extent that this may conflict with the conditions of a particular donation to the corporation. The City Legal Department shall be authorized to make mbdifications to the proposed Articles of Incorporation if necessary as a conqition to the issuance of Article of Incorpo- ration by the Secretary of State of the State qfTexas. Section 9. The 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 , 1978. Motion by Commissioner Parks, seconded by Commissioner Greene, that Ordinance No. 1114 creating a W~st University Place.Parks Fund be approved as submitted. Service of members without pay, legal services of City Attorney and services of Department Heads were discussed. Commissioner Parks amended the motion to add to Section 2 "and each member shall serve without pay", and delete all of Section 7. Amendment accepted by Commissioner Greene. Voting Aye: All Voting No: None Ordinance No. 1115 was presented totheCommissidn for consideration. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST ,UNIVERSITY PLACE, TEXAS, BY AMENDING SECTION 6-1; ADD- ING CERTAIN PROPERTY TO ZONE I OF THE FIRE LIMITS; AND PRO- VIDINGAN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Section 6-1 of the Code of Ordinances of the City of West University Place, Texas, is hereby amended so that 'hereafter said Section 6-1 shall read as follows: "Section 6-1: Fire limits Zone 1. The following described real property shall comprise Zone.l of the fire limits of the city: Begtnning at the southeast corner of Lot 31, Cambridge Place Addition; Thence, in aw~sterly directiori ~long the north line of Bellaire Boulevard to the southwest corner of the east 48.9 feet of Lot 2, Cambridge Place Addition; Thence, in a northerly direction, a distance of 358.9 feet, more or 1ess,to the northwest corner of the' east 48.9 fe~t of Lot 2, Cam- bridge Place Addition; I ,'ii'I 1.,-, ~_,.~ .L _ Jc.~ ~ .. .. :. [["1iiiImllnnIDllmr""1 .. " "I '1"" ~Ilffl idllllrr:- ,L.,JlUlIll!IllllllliIILJJI,.,.. . ..JIIWfU ~lllU1~1~1i~ H i.i . I ;:'1 1"1 111111.1 I<! I II 11 i 1 II 296 Thence, in an easterly direction along the' north ,line of Cambridge Place Addition, a distance of "548.9 feet, more or less, to the northeast corner of Lot 7, Cambridge Place Addition; Thence, in a southerly direction along the east line of Lot 7, Cam- bridge Place Addition, a distance of 121.85 feet, more or less, to .. the 'South line of -Oason Street; Thence, in a westerly direction along the alignment of the south line of Cason Street, a distance of 25.0 feet; Thence, in a southerly direction a distance of 120.0 feet; Thence, in an easterly direction, a distance of 142.4 feet, more or less, to the northwest corner of Lot 2, Block 35, Colonial Terrace Addition; Thence, in a northerly direction along the east line of Westpoint Street, a distance of 20.0 feet; Thence, in an easterly direction, a distance of 81.95 feet, more or less, to the east line of Lot 1, ,Block 35, Colonial Terrance Addition; Thence, in a southerly direction along the east line of Lot 1, Block 35, Colonial Terrace Addition, a distance of 20.0 feet to the north- west corner:of Lot 1, Fairhaven Addition; Thence, 'in an easterly direction along the north line of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, Fairhaven Addition, to the east line of Academy Street; Thence, in a northerly direction along the east line of Academy Street, to the southeast corner of Academy Street and Ruskin Street; Thence, in an easterly direction along the south line of Ruskin Street, to the east line of Weslayan Street; Thence; in a northerly direction'along the east line of Weslayan Street, a distance of 209.12 feet, more or less, to the northwest corner of Block 2, Cunningham Terrace Addition; Thence, ina southeasterly direction along the west line of Stella Link to'a'point aligned with the north line of Lot II, Block 3, Cunningham Terrance Addition; Thence, in an easterly direction along the north line of Lot II, Block 3,Cunningham Terrace Addition, to the northeast corner of Lot II, Block 3,Cunningham Terrace Addition; Thence, in a southerly direction along the east line of Lots II, 10 and 9, Block, 3, Cunningham'Terrace Addition, a distance of 164.32 feet, ,more or less, to the southeast corner of Lot 9, Block 3, Cunningham Addition; i-1 j '--.....J It r U -, i I I I I '~ u LD LD cry m <C <( o n 297 Thence in an easterly direction along the north line of Cambridge ..:Place Addition, a distance of, 604,7 feet, 'more or less, to the northeast corner of 'Lot 31; Cambridge Place Addition; Thence, in a southerly ditectionalong the eas't line of Lot 31, Cambridge Place Addition, a distance of 375.18 'feet; more or less, to the point of beginning." . Section 2. This ordinance shall take effect and be in force imme- diately from and after its passage and approval by the mayor. PASSED AND APPROVED this day of , 1978. Motion by Commissioner Thompson, seconded by Commissioner Parks, that Ordinance No. 1115 amending the Code of Ordinance adding certain property to Zone I of the Fire Limits be approved 'as presented: Voting Aye: All Voting No: None Ordinance No. 116 was presented to the Commission for consideration. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, BY THE ADDITION 'THERETO OF SECTION 6-6.2.2; DECLARING THE DELINEATING FIRE ZONE 10 OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: , Section 1, That the Code of Ordinances of the City of West University Place, Texas, is 'hereby amended by the addition of a section to be numbered 6-6.2.2, which section shall read as follows: "Section 6-6.2.2: Fire Limits - Zone 10. The following described real p~operty shall comprise Zone 10 of the fire limits of the city: Tract I North 1/2 of Lot 6, Lots 7, 8, 9, lOA, lOB and llA, Block 25, West University Place First Addition. Tract 2 Beginning 'at the sQutheast 'cornerof Lot 10, Block 18, Collegeview First Addition; The'Iice, ,in a' northerly direction along the, east line of Lots 10 and 9, Block 18, Collegeview First Addition, a distance of 228.0 feet, more or less, to the northeast corrieI' of Lot 9:. Block 18, Collegeview First Addition; , Thence, in an easterly direction, 'along the south Tine of Amherst Street, a distance of 155:. 0 feet:. mo'reor less, to the southwest corner of Amherst Street and Auden Street; , , " i_l_ . '.1 ,fflltH"f11111 :.. ....: [['jDllIIIIl[JlIIIInrr][' I" I, I- 1~ltlll 1"11 -----.L_~~ ..l. ,jLUlIlWUllIllillLJJI ..'" ,_JlIIUlHllli",l"'til LJJ III. I 11 II I.J 298 Thence~ in a southerly direction, along the west line of Auden Street, a distance of 124.8 feet, more or less, to the northwest corner 'of University 'Boulevard and Auden Street; l I Thence, in a southwesterly direction, along the north line of University Boulevard, a distance 'of 189.3 feet, more or less, to the point of beginning. I I I '-...J Tract 3 Beginning at the northwest corner of Amherst Street and Auden Street; Thence, in a westerly direction along the north line of Amherst Street, a distance of 455.0 feet, more or less, to the southwest corner of Lot 4, Block 19, Collegeview First Addition; Thence, in a northerly direction along the west line of Lot 4, Block 19, Collegeview First Addition, a distance of 111.05 feet, more or less, to the northwest corner of Lot 4, Block 19, College- view First Addition; , Thence, 'in a 'westerly direcfion, along the north line of Collegeview First Addition, a distance of 167.2 feet, more or less, to the south- west corner of Lot I, Block 18, Collegeview Third Addition; Thence, in a northerly direction, along the west line of Lot 1, Block 18, Collegeview Third Addition~ a distance of 100.3 feet, more or less, to the southeast corner of Milton Street and College Street; --'l :J Thence, in an easterly direction, along the south line of Milton Street, a distance of 622.2 ft., more or less, to the southwe~t corner of Milton Street and Auden Street. Thence, in a southerly direction along the west line of Auden Street, a distance of 211.6 feet to the point of beginning. Tract 4 Beginning at the southeast corner of Lot 10, Block 15, Collegeview Third Addition; Thence, in a northerly direction along the east line of Lots 10 and 9, Block 15, Collegeview Third Addition, a distance of 200.0 feet, more or less, to the south line of Rice Boulevard; Then c'e, in an easterly directi'on, along the north line of Rice Boule- vard, a distance of 155. o feet ; more or less to the southwest corner of Rice Boulevard and Auden Street; Thence, in a southerly direction, along the west line of Auden Street, 'llJ" " a distance of 200.0 feet, more or less, to the northwest corner of Auden Street and Milton Street; n LO LD cry m <t <( o u 299 Thence, in a westerly direction, along the north line of Milton Street, a distance of 155.0 feet, more or less, to the point of beginning; and. Lots 11, 13, 14, 15, 16, 17 and 18, Block 15 Gollegeview Third Addition. Tract ~, All of Block 1, Bissonnet Place Addition Lots 1,2,3 and 4, Block 2 Bissonnet Place Addition. Tract 6 Lots 1 and 2, Block 92 West University'PlaceSecond~ Addition Lots 1,,2, E,ast 42.5 feet of Lot 4, and Lot 5 ,Block 91, West University Place Second Addition Lot 2, Block 90 West University Place Second Addition Lots 1 and 2, Block 89 West University Place Second Addition." Section 2. This ordinance shall take effect and be in force imme- diately from and after its passage and approval by the Mayor. PASSED AND APPROVED this , 1978. day of Motion by Commissioner Parks, seconded by Commissioner Greene, that Ordinance No. 1116 amending the Code of Ordinances by declaring and delineating Fire Zone 10 of the City of West University Place be approved as presented. Voting Aye: All Voting No: None The City Manager advised that the new HouTran bus schedule route along Weslayan and Stella Link began Monday, April 24th, and appeared to be working satisfactorily as no complaints had been received. It was also reported that John Carson, Rayko Construction Company, had made good progress on replacing the flashing on the roof of the Recreation Building at Colonial Park and had advised that when the work had been completed he would sub- mit a final invoice. Workshop meeting was scheduled for Monday, May 1,1978,7:00 p.m., to consider the following items: 1l_ . -, 'I:Cdli;i'\ 'HlIII:":' .., ..,' ,!ITCITIIIlJliljjjjlllilC'j , 'I; :;'111'1 rr-l ~_-L-._------.l.L~ LJlIJIJU"lIlJltlHUl.JJI ' , _~lImlullu,I"Wi LLJ ,III 'i 300 Meeting with Peter Taafe to consider persons to appoint to Parks Fund. Intercity Committee members report on Solid Waste meetings. Publisher of Jewish Herald Voice concerning possibility of West University Place newspaper. The City Manager reported that arrangements have been made for he and Dieter Ufer, Consulting Engineer, to attend a meeting in Austin on May 4, 1978 to receive information concerning grant monies for sewage treatment facility. Minutes of the regular meeting of the Electrical Board on April 17, 1978, regular meeting of the Zoning and Planning Commission on April 11, 1978 and Parks and Re- creation Board on March 26, 1978 were presented ,to the Commission for their infor- mation. Minutes of the regular meeting of the City Commission on April 10, 1978 were pre- sented for consideration and the following action taken: Motion by Commissioner Thompson, seconded by Commissioner Parks, that minutes of the regular meeting of the City Commission on April 10, 1978, 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 10:05 p.m. 4p{~ Mayor ATTEST: ~~~~ As istant Ci y Secretary n I i L-.; o u 0, ",,--..:.1 o o REGULAR MEETING OF CITY COMMISSION May 8, 1978 I The City Commission cqnvened in regular ,;session at the City Hall on Monday, May 8, 1978, 7:30 p.m., with the following members present: Mayor Dunn, presiding; Commissioners Greene, Parks ~ 'Seller~ C!-lld Thompson'. The Chy At- torney and City Manager were also present ~' ' , , The Invocation wa~ pronOllllced by Mayor Dunn.,. Mayor Dunn recognized Librarian Ginny Martin and Representative Brad Wright who were in attendance at the meeting ~ . . -. . The City Manager presented;:.L recOlmnendation for the installa~ionof a, ten (lO") inch water line on Bellaire Boulevard from Mercer to yanderbilt, reviewing the history of the need for the line; a request from Fire Chief Ben Wilcher for the installation of, additional fire hydrants in the Townhouse District; and a re- quest that had been received from Water Superintendents for additional service to the area. City Engineer David.Stettle advi~ed.theCo~ission that the proposed project would be Phase I of,theconstruction whic~ wa~ hoped wo~ld extend.to Annapolis to completelyloopth~ system. It wa~ noted thato~ig~rial plans'were for the construction of an eight (8il) inch line:, but inasmuch as funds were available it was considered more feasible to construct a ten (lO") inch line; Mr. Steitle also noted that installat~on of the propose~ line would not be difficult at this time:, whereas many obstacles' would be encountered if the line were not installed prior to complete development of the area. . It was recommended that Consulting Erigineer DieterUfer be.requested to assist with the ,boring under'Buffalo Spe~dway if necessarr. A discussion by the~ty Commission indicated a desire for additional informa- tion to justify the cost of the proj ect, including a map of the area showing present and proposed water line locations, location of fire hydrants currently in the area and the volum~ a~d pressure ,presently available., F~rther discussion on this project will be included on the agenda fora workshop session to be held by the City Commission. ' A Lease Agreement between the city and the Harris CountyPlood Control District for a portion o.fthe Poor Farm Ditch right-of-way for use in conjunction.with the development of Independence Park, was presented to the Commission for consi- deration. Motion by Commissioner Thompson, seconded by Commissioner Greene, that th~ Mayor be authorized to execute the Lease Agreement with the Harris County Flood Control District, as written. Voting Aye: All Voting No; None Resolution Number, 78;..14 was presented to the Commission and read in full: . WHEREAS, the untimely death of Hayden R. Duke has caused sadness among his friends, associates and family; and . lL- ~ l L..1l-----....J... .......J If I' ;FIIIII III. _LJ. 1] ._ h. -l.L.. I" 1'1,.j J,llilt-]lltr' "" - ~~ , '.. 'lIlL 1011110 mtIlIIL" I " "LJ.lIJJ~lJllill[IJIJL . .J11ll!il[IIJ~ 'iJJ!liI , i "I i I i I II [illlil:' I [I Ii I I II ~ 2 WHEREAS, Hayden R.Duke,at the time of his death was employed by the City of West University Place as Sanitary Engineer and had been so employed since'April 11, 1966; and WHEREAS, during his tenure with the City of West,University Place, the said Hayden R.,Duke has'performed alldutie~ assigned to him efficient,ly a~d in such, an exemplary, manner as, to reflect credit upon -the said City and various administrations, under which he had served, as well as upon himself; and o WHEREAS, his contribution will be an everlasting remembrance in the minds of, residents of this city; and. WHEREAS, the City Commission of the City of West University Place desiresi:to express its appreciation for the faithful. and competent service of Hayden R. DW<e to, the city, and to further express .its sympathy to the widow andfamiay'of Hayden R. Duke. "Nbw~ THEREFORE, BE IT RESOLVED ,BY THE, CITY COMMISSION, OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: I' Section 1. That the citizens of, WestUni ve1!lsity, Place; acting by and through the Mayor and City Commission, of said city, here nowre- cord their expression-of their high regard for the memory of Hayden R. Duke, and an appreciation ~ for his faithful services in behalf of. said , city during his employment. Section 2. That, said city expresses its deepe~t sympathy to Mrs. Edith Duke and the other surviving members of the family of Hayden R. Duke in their bereavement. o Section 3. That as further evidence of, the sympathy expressed, the City Secretary is directed to transmit a copy of this Resolution to Mrs. Edith Duke, widow-of Hayden R.. Duke. . ,PASSED .AND APPROVED this day of , 1978. , , , Motion by. Commissioner Thompson,seconded by Commissioner Parks, that Resolution Number 78-14 be approved~as read. ' Voting Aye: All Voting No:, None _The City Manager advised the Commission that the week of May 14th to the 20th had been designated as Municipal Clerk's Week and inasmuch as West University had a City Secretary rather than a Municipal Clerk it was appropriate that she be honored by the presentation of a Proclamation. Mayor Dunn read a Proclamation designating the week of May l4-20th as Munici- pal Clerk's Week. The Commission was advised that a letter had been received from the Texas Parks and Wildlife Department advising that only, the highest priority pro- O' jects had been supported at its Public Hearing on April 25, 1978, but that the city's application for a grant for the development of Independence Park would be included during the ,next review,to be held in October if so requested prior to July 1st. ' u o I..D ~ W c::::[ <t o u I 3 Motion by Commissioner Thompson, seconded by Commissioner Parks, that the City Manager be authorized to reply to the notification by the Texas Parks and Wildlife Department and-avise such Department of the city's continued in- terest inbein~ further.considered for grant,funds. Voting Aye: All Voting No: None The Commission was presented a letter which ~ad been received from the Harris County Heald Department advising that inasmuch ~s t~e site of the city's sani- tary landfill had been annexed by the City_ofHo~ston, operation.of the land- fill would now come under the jurisdiction of the Texas Department of H~alth in Austin. It was noted that the city would be required to furnish a map of the area showing location of present trenches, and ,make soil core borings to determine soil;porosity. The Commission was advised that the President of the Willow Meadows Little League had requested permission to use one and a half to two acres on the back of the site for use as a practice field, but no action was required by the City Commission until a formal request for such use had been received. ' An invoice in:theamount of $2,000 received from Rayko Construction Company for final retainage due on the Colonial Park Recreation Center was presented for consideration. The City Manager advised that a letter had been received from Architect John Mitchell affirming that all items included on the final punch list had be,en corrected and the contract with Rayko Con.str:uction Com- pany should be completed. ' Motion by Commissioner Thompson, seconded by Commissioner S~llers~ that, an invoice in the amount of $2,000 received from Rayko Construction Company be approved for payment. Voting Aye: .AU '.,~VotingNo,: None Resolution Number 78-15 was presented to the Commission and read in full: WHEREAS, there are many residences;, and buildings in the Retail Business District in the City of West University Pl~ce, which have no legible identification number, or where numbers are not conspicuously -' , - . . ..". - '- placed on the residence or building; 'and' ., WHEREAS, if numbers or other means of identification were placed in a ,conspicuous location on the bui.lding or residence i:t ~ould' enable the 'Fire Department, Police Department, emergency vehic1e.s, other agencies of city government, .delivery services arid the postaiservice, to more efficiently perform their duties, and more promptly lo~at~ the ,building 'or'~residence".where 'service may., be, :ne,eded; and WHEREAS, it is the responsibiiity Qf the owners or tenants of the property to provide ,such legible numbers or identification Qn the buildings or residences whic4would be obvious and visible for prompt identification; " , NOW, THEREFORE~ BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS. ,n II II [l 1 'I Jl.LJLcllIlIJllillIll II 111,11I1"11111'1 I . I _.TII!lrn[[D!ll!r"~1 .~... ~IDW,II\II\tI"'~II"i'111 I I ,------,-,- I' IIIII~ I ,I - II If I IT , 4 NOW, THEREFORE, BE IT . RESOLVED BY tHE CITY COMMisSION OF THE CITY OF WEST UNIVERSITY PLACE~ "TEXAS. ' u Section 1. That it is'the intent of this "Resolution to solicit the cooperation of all owners and tenants living in, or having control or use of a residence or building within the corporate limits ()f the City of West University Place, ,to have conspicuously lo<;ated "' in the front yard or on tJ:.le front of the, residence or building, facing a fronting street, a properly, affixed number of identification that:'is easily visible from the s,treet, by any person, seeking to locate the residence or building.; Section'2.That saidnumb~r or cidentificatiol1 to be affixed or erected be of such color as ,to be in contrast to' ,the s,urface or area on which th~y are ,to b~ placed. S~ction 3. That the residents or property owners be advised by means of publication in the newspaper and the' City Currents so that the placement of such numbers or ideI+tification,can be accomplished at 'an: eaTly ,date. ' PASSED AND APPROVED this ,day of 1978. Motion by Commissioner Thompson, seconded by Commissioner Sellers, that Reso- lution Number 78-15 be approved as read. Voting Aye : All Voting No: None o The City Manager reported on a Pre-Application Assistance Conference he and consulting engineer Dieter Ufer attended in Austin on May 4th, reviewing a number of items necessary for completion by the City Commission in con- j unction, with filing an application for Step 2 ,of the, city's application for grant' fUnds. It was pointed out that the city must pass a sewer use ordinance ,settingou~ the rate to b~ charged tq resident~al and business users; the change in regulations ,permitting the use of ad valorem property taxes to financ~,the City's proportionate ,share of the.Gons,truction cost for a new wastewater treatment facility; and the city's need for funds for consulting engineering fees, estimated to be between $20,000 to $30,000. It was the decision-of the Commission that Mr-. Uferbe invited to meet with the Commission in workshop session to provide professional advice on require- ments necessary';to meet Step 2 of, the program. The Commission was advised that'requests had been received from Mr. C. W. Bevil, 6512 Rutgers and Mr. J. M. Barth610meW,3324 Pittsburg, for credit to their accounts or refunds for erroneous garbage .and sewer charges that had been made for'separ-ate living quarters on their,property that were no longer in, existence. It ,was, noted that ,Mr. .Bevil had ,been charged $160.00 for a garage apartment that had been removed and Mr. Bartholomew had docu- mented his removal of kitchen facilities installed in the upstairs portion of his home.' Motion by Commissioner Thompson, seconded by Commissioner Greene, that overcharges erroneously billed for sewer and garbage be refunded to Mr. Bevil and Mr. Bartholomew. . \ I I ' , I I i L....J [J o La -rl W c:c <:( o 5 Voting Aye: All Voting No: None Mayor Dunn advised the Commission that he had received n@tice that another of the former policemen 'and firemen whoh~d filed suit for colleGtion of accumulated sick leave hadwg~clrawnfr_om ,the'suit.. " : '.: . ,. City Attorney David Allums stated that h~ had be~n contacted by Mr. Peter Taaffe regarding the preparation and filing of Articles of Incorporatlon for' the Parks Fund as a non-profit corpor~tion. Motion by Commissioner Thompson, seconded by Commission~r Pa~ks, that the City Attorney be authorized to file the papers necessary toincorporat~'the Parks Fund as a non-profit corPoration, with the city advancing the necessary filing fee until such time as the Parks, Fund has suffiCient funds to reimburse such filing fee. Voting Aye: All Voting No: None , , ' Mr. Allums,advlsed that he had been in contact with attorneys for the owners of a deteriorated garage -located at, 3412 University, Boulevard and was advised, that such structure wou~d be tornd~WnbyJune.15th.or,repaired sufficiently, that It would not present a health hazard or presen~apublic danger. In response to notice that a,request had been received from Commissioner Tom Bass for a meeting with members of the ,City Commission, ,the ,City Manager was instructed to determine the purpose of such meeting. Minptes of regular meeting of, the Plumbing Board on April ,10th and April 24th were presented to the Commission for their information; , Minutes of the regular meeting of the City Commission on April 24, 1978~ were presented for consideration and the following action taken: Motion,by C!Jmmis;- sioner Parks, seconded by Commissioner Greene, that min1ites of the regular, meet- ing of the City Commission on April 24, 1978, be approved as submitted. Voting Aye: All Voting No: ,N~ne With no futher businesstQ come before the Commission at this time, upon' motion duly made, seconded'and tarried, the meetirtgadjourned atQ9:05 p.m. df<<~ ,',' , ,May()r, , ATTEST: ' [, ~ ~~~ Asslstant Clty ecretary U'. ..L-- -,.d_ ----' ....J.......... .L............. - .Iul.. Ulli:n:I1LDnLI.L' I . ".",..,...'*,D"lllol...,1I11I .1.:1 ['IITr.nnElrJ 1~1. .~IIJl!lllilllilf 1"~lll ---r- ~~~ r - ,n l=-lJlilfi1TTT--;. tl~11 i -'~r 6 REGULAR MEETING OF CITY COMMISSION May 22, 1978 The City Commission convened in regular,session'atthe City Hall ,on Monday, May 22, 1978, 7:30 p.m., wiihthefollowing members present: Mayor Dunn, presiding; Commissioners Green, Parks and Sellers.. , The City ,Attorney and Ci~yManager were also present. ,Commissioner Thompson was out of the city. The Invocation was pronounced by Commissioner Parks. City Attorney David Allums requested permission to ,appear before the Commis- sion ,as a private citiZen'and resident of the 37QOplo~k of ,Ri~e Boulevard. Mr. 'Allums stated 'that consideration should be, g;iven to a means by which speeding could be stopped in the 3700 block of Rice Boulevard prior to the re-installation of a traffic signal which was removed as a result of damage incurred in an accident, or the installation of other traffic control devices. Mr. Allums requested that City Engineer David Steitle look at alternatives tha:t might be available in order to provide protection for the twenty-four (24)childr~n under the age o~ninewholiv~ in the block. Suggestions of- fered for -consideration were the iilst9-lla:t,ion of 4-waystop signs, flashing lights, slow children playing signs, and/or warning devices on the west side of the bridge. '. Mrs. Louise Phillips,40l6 Rice.. ,advised, the CO.lIlli1ission that there was quite a bit of speeding in her block of Rice, esp~cially late in the afternoon as people were"going home' from work. Mrs. Yonkers, 4033 Rice, requested,that soIIie, measure be taken to correct drain- age in front of her residence caused by a break in the street which prevented the water from dra;ining. , , Mr. Marshall Graham, 3711 Rice, agreed with Mr. ,Allums in the need for some traffic control topreveh~ speeding. Mrs. Jayne Allums" 3715 Rice, stated that she had spoken to Mrs. Champion, who serves as School Patrol Officer at the intersection and had been advised that children dis~ike stop signs and usually do not pay attention to them, and it was her belief that flashing red lights .,would provide better control for both school children and motorists. Mrs. Allums also requested that considera- tion be given to designating the blocks of Rice, Edloe, University and Albans surrounding the school as twenty-mile per hour speed zones. Mr. Jim McLaughlin, 3747 Rice, suggested that stop signs be located on Rice between Buffalo Speedway and Edloe as a means to discourage use of the street and route traffic to Bellaire, University and Bissonnet. Mr. Tim Erwin, 3723 Rice, stated that city owned vehicles were as guilty as others insofar as excessive speeds in the 3700 block of Rice. Mr. John Helms, 3763 Rice, noted several instances when excessive speed was used by members of the Police Department when responding to an activated silent alarm at the First National Bank. r-l u II U n LJ n o 1..0 ~ W <t <:( o [ 7 Mr. Graham also requested that the 'City Commission take some action to control the driving of vehicles on' the "grass areas of the 'Little Leaguerand city soft- ball fields'located on the.~West University, Elementary School ,grounds: Throwing of drink cans and very bad language were also reported from persons 'using the grounds, especially on week~ends. It was noted that telephone calls to the Police Department reporting the danger to children playing on the school grounds had gotten no response. Mrs. Philips ascertained from the City Manager that it is the city's responsibi- lity to repair broken street curbs, and that persons seen putting grass.-clip- pings in the storm sewer inlets should be reported immediately. ' Mr. Frank Worley, 2735 Talbot, asked if the city provided new residents with literature describing city services, requirements for licensing dogs, and re- sponsibilities of the citizens 'of the: city in meeting its'regulations. Mr. Worley was advised that a condensed, pamphlet describing some of the city's ordinances was mailed to each new resident together with a letter from Mayor Dunn. In response to Mr. Worley's expressed concern with a definition of "single' family" and use of residences in West University for other than single family dwelling, he was advised that reported instances were investigated by the city!s Building Inspector and'necessary action taken. Mr. Worley further stated that he was.very concerned ab6utthe passive attitude of the city's Police Department and, he thought'city services could be improved. Dr. and ,Mrs.' Earl Waddell, 2733 Fenwood, appeared before the Commission seek- ing a variance from the provisions of Ordinance Number 1067 governing the con- struction of;a swimming pool on his property~ Dr. Waddell explained that Mrs.' WaddelL was not at home when the construction crew arrived at his home to be- gin digging for, the pool and an, existing' 'fence was used as the property line in error and the pool was not located the required eight (8') feet from the rear property line. Dr. Waddell ' stated that he was opposed to the waste of time and materials and both'woul.d be involved if the contractor'were:made'tobring the'pool intO con- formance with the knoWn rear property-line." Discussion by the"Commission indicated the possibility of the 'fence line being the property line by means of adverse possession; the progress of the construc- tion including steeLin place, drainage installation, and installation of re- quirE~d electrical wiring;' and the only means available to the City Commission to grant relief being the repealing or' amending:: of the ordinance. Motion by Commissioner Sellers that Ordinance Number ,1067, ,Section 21;...19 be amended to change the first sentence to read as follows, "no outdoor pool shall be constructed with an extetiorwaIl closer than' eight "(8' ) feet from any side lot line and five (5') feet from anyback'-property line" with balance of the section to coiltinue'aswritten.' Motion died for lack of a second. .1l'IllrnU:D!ll!l]JIJ . ~.:JIIIlI.J till'! i'i E! :i . - -~T -1 -r ~""l"- rTl'If]'""""r~- II 11 . I -~I 8 Dr. 'Waddell was advised ,that the. City Commission did not have the authority to grant a variance' t'o an existing ordinance and that he would have to ..see that his swimming pool contractormake'thenecessarychanges to, assure compliance with; the ordinance. .", Dr. Waddell expressed his appreciation to the City Commission'and his regret that the construction company had made an error requiring his appearance before them. The Commission was presented a letter dated May 9, 1978,:from Mr. Richard Nuffer submitting his resignation as a member of the Zoning arid'Planning Commission inasmuch as he and his family were moving out of the city. Motion by Commissiorier,Sellers,.seconded by Commissioner, Parks, , that the resigna- tion of Mr. Richard Nuffer as a member of theZ6ning aIidPlanning Commission be accepted with regret. -Voting Aye: ,All . Voting No: None A statement for professional services submitted by Bayshore Engineers in the amount of $476.11, wa's'ptesented'for'consideration. Motion by' Commissioner Parks;,', seconded by Commissioner:. Sellers, that a state- ment in the amount of $476.11, submitted by Bayshore Engineers for professional services rendered in, conjunction with the city's application for grant funds for theconstructibn '..of' a wastewater 'treatment: facility , beapproved'for payment. Voting Ave: All Voting No: None City Manager Whitt Johnson was ,instructed to negotiate the charges with Mr. Dieter Ufer inasmuch, as knowledge gained:by'Mr. Ufer might prove beneficial to services provided by hjsfirm to, other clients. A progress bill in the amount of $3,000 submitted by Coopers & Lybrand for services rendered on the preparation of the 1977 audit was presented. Motion by Commissioner Sellers. seconded'by' Commissioner Greene, that the state- ment iri the amount of $3,000 submitted bv ~Co(jpers'& Lybrand be approved for payment. , Voting Aye: 'All , Voting No: None The Cominissionwas'advised that: the installation of ariew electircal control panel at the Milton: Street water.. pumping plant was complete' with the, exception of cleaning up a few items. and invoices from W6Ifenson Electric Company in the amount of $12,096.27 and GDS Engineers in the amount of $300 for work completed submitted for consideration.' Motion by, Commissioner Parks,: seconded by Co:mri1issioner Greene"that invoices submitted by'Wolfenson:Electric Company in'the ,amOunt oL$12,096.27 and from GDS Engineers in the amount of $300.00 be approved, for payment. Voting Aye: All Voting No : None City Attorney David Allums advised the Commission that Article of Incorporation for the Parks Furid, Inc. had been prepared and would be submitted for approval upon receipt of the names of persons designated as members. " i I U II LJ Il u' n o LD -rl W <3: <t o u 9 Mr. Allums further advised the Commissibn~that positive action was being taken to require property owners to repair or remove buildings in th~ city' that had been determined ,to be dangerous. Mr. Allums was requested to investigate the legal aspects of the fence located on Dr. Earl Waddell's property at '2733 Fenwood. The Commission was presented a revised 1979 Budget Calendar'showing that two Public Hearings would be held prior to final consideration for the adoption of the 1979.budget. In response to notification of a request received from Municipal Court Judge Bob Dunn for the appointment of a second Associate Judge, the City Commis- ston instructed the City Manager to ascertain any recommendations that Judge Dunn might have for such appointment. A letter dated May 19th received from Commissioner Tom Bass ,requesting a meet- ing with the City Commission in workshop session on Wednesday, May 31st was approved by the City Commission. A request was presented for the inclusioriof consideration of the construction of an extension to the water line on'BellaireBoulevard from Mercer to Vander- bilt on the city"s Commission workshop agenda for Thursday, May '25th. City Manager Whitt Johnson advised the Commission that a quoiationhad been received from Coastal Testing Lab for drilling core samples required by the State DepartmenfofHealthin connection with the city's 'permit for operation' of the sanitary landfill for the 'sum of~$1,705.00.MembersoftheCommissi.ort suggested other firms to be contacted for quotations, with the City Manager to employ the firm deemed most advantageous. Commissioner Sellers requested that a determination be made of priority items contained in the "Open Item" list to be considered by the Commission. Commissioner Parks requested that consideration be given to the appointment of a committee to take a look at tax valuations of the Houston Independent School District on property in West University for a determination as to whether or not revenue put into HISD would be sufficient for the city's own school district. It was suggested that this item be included on the"Open Item" list. City Engineer David Steitle advised the Commission that it was possible for the damaged controller and signal light be repaired and replaced,~ at the intersection of Rice and Edloe if the Commission desiredto:spend theneces-' sary funds. City Manager Whitt Johnson advised the Commission that he would like very much to go on record has having recommended that the intersection of Rice and Edloe be a four-way signalized intersection. Discussion by members of the City Commission included the desirability of re-installing the existing light after necessary repairs; placing of a "stop ahead" sign on the east side of the bridge over Poor Farm Ditch; use of thirty (30") inch stop signs; installation of a four way flashing red light; instal- ation of stop signs in conjunction with a four-way flashing red light; and better enforcement by the Police Department. ' , ~I 11. ._.......L...J... ~ul_ -1 .~ L.l- ~--L- 11~L lillIU1LI]llLI L I "I II' j' .ellHi1.1Hllll::'" . ,I ,:mUD::!!!]!!1 '1[', : .. . .-=:!II1ImfPIlIfW~ll:w.r11 ;, -.- 'T-;~ ,'p U J III," 'I H II I I IT 10 Motion by Commissioner Sellers, seconded by Commissioner Parks, that traffic signal at Edloe.and:Rice,be.repaired 'and put back 'in service flashing,four-:-way stop. the with Voting Aye: All Votin No: None J City Manager Whitt Johnson advised the,Commission that he would like,to go on record as believing that the City Commission made a mistake in its decision for safety reasons. Minutes of the following meetings of Boards and Committees were presented to the Commission for their information: EleetricalBoardmeeting on May'15, 1978 Plumbing Board meeting on May 8, 1978 Ambulance Committee meeting on May 3, 1978 Parks and Recreation Board meeting of April 24, 1978 Zoning & Planning Commission meetings of April ,25th and May 9th Zoning Board of Adjustment meeting of May ,17th Minutes of the regular meeting of the City Commission on May 8, 1978, were pre- sented forconsfderation?and the following action taken: Motion by Commissioner Parks, seconded by Commissioner Greene, that minutes of the regular meeting of the City Commission on May 8, 1978, be approved as submitted. Voting Aye: All Voting No: None With no further business to :come before the':Commission at this ,time, upon motion 'Un duly maqe, seconded and carried, the meeting adjourned at 10:15 p.m. I I _ d!{;MaYf!. ~ ATTEST: ;eo J;;e~~ Assistant City Secretary [ [ o LD r-I W <C <( [ [I - 11 ,REGULAR MEETING OF CITY, COMMISSION June 12, 1978 The City Commission convened in regular session at the City Hall on Monday, June 12, 1978, 7:30 p.m., with the following members present: . Mayor"Dunn'; " presiding; Commissioners Parks, Sellers and Thompson. The City ,Attorney was also present: Commissioner Greene was out of the city on vacation. INVOCATION was pronounced by.Mayor Dunn. 1. APPOINTMENT, OF JIM T. BROWN AS CITY MANAGER. Mayor Dunn Introduced those in attendance to Mr. 'JiniT. Brown who has 'been, employed as City,Manager'of the City of West University Place. Resolution Number 78-16 was presented to the Commission and read in full: WHEREAS, the Code of Ordinances of the City of West University Place, Texas, provides that the City'Commis,sion shall appoint and employ a City Manager who shall have and perform the duties, functions and obligations of such office; and 'WHEREAS, Whitt F. Johnson has served as City Manager of the City of West University Place since October 10, 1955, when such position was created; and WHEREA.S,said Whitt F.' Johnsou'has retired, from active duty with the City of West University Place, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISS;ON OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Jim T. Brown be, and he is hereby, appointed to serve as City Manager of the, City of West UniyersityPlace, Texas for an indefinite period at. the pleasure 'of the City Connnission. Section 2. That said Jim T. Brown shall be .t.he pr:incipal adnrl,nistra- tive head of the municipal government of the City of West University Place under the direction and supervision of the City CoJIll1lissi,on.,'" Section 3. That said Jim T. Brown shall receive such compensation as shall be fixed by the City Commission from time tb time, and shall furnish a surety bond in the amount of twenty-five thousand ($25,000) dollars as required by the City Commission. Section 4. That said Jim T. Brown shall have the powers and duties as set forth in the Code o'f Ordinances of the City of West University Place, Texas and as otherwise prescribed by the City Commission. Section 5. That the appointment, o'f Jim ,T.Brown as City Manager of the City of West, University Plaee,l'e~as':sha:U become effective on June 5, 1978. , PASSED AND APPROVED this day, of , 1978., .1..'rr[Jli[lT"'[[I]!lI!L!:!'IJ. . u.JIIIIII.lln.,1IJi"1!tl1-r.t! ~ , I ~ ~ ...,~~,~ -----r-~~.. 1.L-11!! I I 12 Motion by Commissioner Thompson, seconded by Commi Number 78-16 appointing Mr. jim T. Brown as 'City versity Place be approved as read. Voting Aye: All sioner Parks, that Resolution nager of the City of West Uni- Voting No: None Mayor Dunn administered the Oath of Office to Mr~ rown and welcomed him to the city~sstaff. 2. HEARING OF RF.STDF.~ Mr. William L. Partridge, 4 40 Ruskin, advised the Com- mission that he wished something could bedone'abo't'so many dogs running loose. Mr. Partridge also advised that one of the sprinkler heads installed in" the street blockade located at Ruskin an~ Acade y, was, malfunctioning and water was ,going ,'into the street rather than on' the planted area. 3. DEElS,ITORY STGNA'T'TTRF. ,LARDS' Resolution Number 78- 7 was presented, to the Com- mission and read in full: WHEREAS, Resolution Number 77"':13 was passe and approved' by the City Commission-on March 28, 1977; and WHEREAS, such Resolution Number 77-13 desi ated certain banking 'institutions to be' arid serve as OffiCial"depOS~'tories of the city; and WHEREAS, such Resolution Number 77-13 auth rized c~rtain officials and employees of the City of West University P ace to sign or countersign the'.ri.ecessarysignature cards with such bankiri 'institutions. Section 1. Section 5 of Resolution Number 77-13 is hereby amended to read as follows: "Section 5. That the Mayor, Mayor Pro-Tem, City Treasurer, City Manager and Assistant City Manager, are-hereby:authorized'and directed to sign or couutersign'the necessary signature cardsto'establish the required bankaecounts with the said'Chemical' ank, Fannin,Bank~ First National Bank of West University Place, River aks Bank and Trust Company, and Universfty State, Bank." ' ' Section '2; :AIl other prov~slons ci:f'Resolu ion-Number 77..,...13 shall remain in effect as approved on March 28, 1977. PASSED AND APPROVED this . day of " , 1978. Motion by Commissioner Parks ,seconded by Commissi ner" Thompson, that .Resolution Number 78-17 authorizing certain signatures to ban depositories, be approved as read. ,^, Voting Aye: All 4.' llliLLAIRE BOnI.EVARDWA'T'RR..:.L..InEiInasmuch-as he had earlier meetings. where the ,c0nstruc'tion of ,a ten ( Mercer to Vanderbilt as Phase I, and construction as Ph~se II, had been discus~ed, City Manager Bro David'Steitle to, answer questions pose~ by members' Voting No: None not been present during O")irich water line from rom Vanderbilt to Annapolis deferred to City Engineer of the City Commission. [; lJ lJ 13 5. PURCHASE OF AUTOMOTIVE UNIT FOR HUMANE OFFICER: The City Manager advised that n o LD oM W <:C <:( 6. [ 'bids received on February 13, '1978; for delivery ofa one-half (~) ton pickup truck for use by the Humane Officer had been reviewed 'with the~three low bid- ders and none were willing to honor such bid in view of price increases received subquent to filing qf ,the bids., A recommendation from the Health Board that the.Humane Officel::"'work staggered hours and ~eek-ends to provide better'~ervice'on:a six-:-mon.th trial basis and. the possible employment of a second humane officer was discussed. The recom- mendation further included the 'belief that 'operations of the, Humane Officer remain under the jurisdiction and supervi~ion of the Health Department and that a new pick-up truck be purchased. ' Costs that might be anticipated as a result ofpurchas:i:ng a van for use by the Police Department as a crime lab as well as by the Humane Officer were discussed by the Commission. Motion by Commissioner Thompson, ,seccmded: by Commissioner, Parks, that the City Manager be authorized to advertise forb:i:dsto be received on July 10, 1978, for delivery of a pickup-truck for use of theh~maneofficer, and that super- vision of the humane officer remain under the city's Health Department. Voting Aye: All Voting No: None STUDY AND REPORT ON WATER SUPPLY, STORAGE FACILITIES: An invoice in the' amount of $1,350.00 submitted by Langford Engineering, Inc. for a study and report on the city's water supply and storage facilities was presented for consideration. Motion by Commissioner Thompson, seconded'by Commissioner 'Sellers, that the invoice submitted by Langford Engineering, Inc. in the amount of $1,350;00 for the study and preparation ofa report on the city's water supply and stor- age facilities, be' approved for payment. " Voting Aye: All Voting No: None 7. APPOINTMENT OF ASSOCIATE JUDGE OF MUNICIPAL COURT: City Attorney David Allums advised the Commission' that in view of, the, recent ','Speedy- Trial"', Act whichbe-:- comes effective July 1, 1978, there is a need for the appointment of a second Associate Judge of the Munic:i:pal', Court, and anorher person to ,sel::"ve as Prosecu- tor for the Court. ,--.. Us. Mr. Allums stated that he had prepared a list of known attorneys living in the city and that he would be happy to contact them to determine any interest' they might have in serving the Court. ,It wasthe,de~ision of' the CityCommis- sion that this item be included on the :w0rkshop agenda for Thursday, June' l5th.- Motion by Commissioner Thompson, seconded .'by Commission.er Sellers, , that, Charles Orsborn be re-appointed to serve as Associate Judge of the Municipal Court for an additional sixty (60) day period. Voting Aye: All Voting No: None LEGAL MATTERS: C:i.:.ty....:A:t:!&!.~~.Y_J?2:.Y..:hst_4;!J u~~_<JyJ:.ll~_Q._t.lt.e.L2_lll}_:h:LJ~_iJ:.~_~L_~~~}:.~2.U_ member of the city's Police Department had been dismissed. , I 1-" ll'Ih';~lt-Allhl'tnllll~ '-'11 ldlilllr-1lilTll '1 .1 I 1'111 ., ,.1 .1 .Tl'Ill[l:::iHlI!ll!I'1jl. H ...-JIlffill:3fllllllfil'OC\lIUI.11 ~ T ---pT-----L!.!.J IllIti I ,I' - - I I It ' ~rl 14 Mr. Allums reviewed a recent Supreme Court ruling wh~reby cities and city of- ficialsmay now beheld-liable and recent'legislation affecting cut-off pro- cedures used for:city utility'servi'ces. 9. CITY MANAGER'S REPORT: City Manager Jim Brown advised the Commission that he had attempted to contact Attorney Bill Olson with regard to a study of the city's Charter; but',w8.f(advised that Mr. Olson was out of town, but was re- ported to have been working, on this request. , .. Mr. Brown further advised the Commission that if it was desired to uPdate the city's budget for the year 1979 it woulclhe necessary to employ outside assis- tance in view of the staff workload because of the re-appraisal program. It was the decision of the City Commission that Mr. Brown employ a consultant for assistance in the, preparation or the 1979 budget for, an approximate cost of $850/$900 for travel,'eXpenses~' etc. Mr. Brown reviewed the status of the city's application for E.P.A. grant assis- tance for the construction cfa new wastewater treatment facility; lift station rehabilitation' and new force main', and 'the need for submission of the amended Waste Control:Order at the same time the Step 2 application is submitted. Motion by Commissioner Parks, seconded by Commissioner Thompson, that Bayshore Engineers, Inc. he employed to prepare Step 2 application for submission to the Texas Water Resources Department, subject to a favorable report of the City Manager in workshop session on Thursday, June 15th. Voting Aye: ,All Voting No: None 10. CONCERNS OF THE CITY COMMISSION: In response to a question regarding action taken on a recommendation by the fromer City Manager I requesting replacement of the city's telephone equipment,'Mr. Brown:advised'that he'would like to consult with Southwestern Bell Telephone Company in an attempt to add to the existing system for the remainder of this year and replacement costs included in the 1979 budget. The City Commission was requested by Commissioner Parks to give further consideration to the 'appointment of a coininittee to study the feasibility of creating a school district outside the Houston-indepertdent School District. The Commission was advised'that additional instructions were expected from the State Department of Health with regard to information necessary in addi~ ti6h to corings for the filing of a permit renewal for the operation of the city ':s: :~af1itary:: ,landfill. 11. CITY COMMISSION-MINUTES: " Minutes of the 'regular meetingbf the City Commis- sion on May 24, 1978, were presented for consideration and the following action taken: Motion by Commissioner Parks, seconded by Commissioner Sellers, that minutes of the regular meeting of theCityCommissiort'on May 24, 1978, be ap- proved as submitted. ' , Voting Aye: All Voting No: None 12. ADJOURNMENT: With no further business to come before the Commission at this time, upon motion duly, made; seconded-and carried, the meeting adjourned at 9:05 ~.m. ,~ I I I ~ II' iJ 1 I I L ---...J - n o IS) ~ w <( <( n ~' I' I i LI ATTEST: ' A r!f/,J-- $)~ SSlstant ,City Secretary " , 1"--- II II l'II,n1 'Ll_' ,"-----~ 4~~ " " Mayor, ' . " ' . lIiR-!~ ;ililllltllH-lttllll - 'l[l.1IilI[IlLDTILLL' I : 15 .I,llm.llll.ll!lllJ. 1111. ._ . ..-1IllItllllllll'4!tlf.ll!'lIfFl1 j : !i I III IIlllllli 1.111 "1 I~ I I - II 16 REGULAR MEETING OF CITY COMMISSION June 26, 1978 II The City Commission convened in regular session at the City Hall on Monday, June 26, 1978, 7:30 p.m., with the following members present: Mayor Dunn, presiding; Commissioners Greene, Parks, Sellers and Thompson. The City At- torney and City Manager were also present. LJ The Invocation was pronounced by Commissioner Greene. 1. HEARING OF RESIDENTS: Mr. L. W. Partridge, 4040 Ruskin,~ppear~d,before the Commission to express his appreciation for the installation of a sprinkler head in the street blockade located at Ruskin and Academy. Mr. Partridge also again expressed his concern with dogs running loose in the city. 2. JOINT VENTURE CONTRACT FOR CONSTRUCTION OF WASTEWATER TREATMENT FACILITIES: The Commission was presented a joint venture contract with Bayshore Engineers, Inc. and Sanco Engineering, Inc. for the preparation of plans and specifications for the construction of new wastewater treatment facilities, noting recommendations of the City Attorney for changes to be made in the contract. City Attorney David Allums advised that subsequent to his recommendation for changes in the joint venture contract and his conversation with Mr. UEer of Bayshore Engineers, Inc., it had been called to his attention that the total contract sum may, or may not, include funds for the preparation of the Step 2 application as well as an application for a new discharge permit, which he under- stood that Bayshore Engineers, Inc. was to prepare. Following a lengthy discussion, it was the decision of the City Commission that a Letter Agreement be entered into with Bayshore Engineers, Inc. stating if professional services rendered in the preparation of the Step 2 application and 'application for a discharge permit are included in the total contract amount. i , I I I I i '------J Motion by Commissioner Parks, seconded by Commissioner Sellers, that the Mayor be authorized to execute a joint venture contract with Bayshore Engineers, Inc. and Sanco Engineering, Inc. as submitted to the City Commission on June 26, 1978 and approved by the City Attorney. Voting Aye: All Voting No: None 3. SCHOOL TRAFFIC SAFETY PLAN: City Engineer David Steitle presented a comprehen- sive traffic engineering plan for the replacement of traffic control signs for the area surrounding the West University Elementary School. Mr. Steitle advised that signs to accomplish the recommended school signing would cost approximately $870.00, but it was believed that a grant could be obtained through the Office of Traffic Safety for purchase of the signs from the Department of Corrections. Motion by Commissioner Sellers, seconded by Commissioner Thompson, that the City Traffic Engineer and City Manager be authorized to apply for a grant from the Office of Traffic Safety for the purpose of purchasing signs as outlined in a report from the City Traffic Engineer. ~ I I Voting Aye: All Voting No: None 1 I '-.J n o to ~ 'W <t <( o n -? 17 Mr. Steitle noted that the existing 20MPH school zone on University Boulevard had, not' been successful, in' redtiing ,:the speed of v.ehicles" arid that it was his reconynendation that' a,' flashing s'chool' zone, sign' at each end' of the University Boulevard zone be installed. Mr. Steitle stated that a time clock at each in- stallationsufficient to synchronize each flasher unit to wit~inabout three seconds of each other would cost approximately $475.00 and th~t the city has used parts on hand to "assemble each installation~except the time clocks. Motion by Commissioner Sellers, seconded by Commissioner Greene; thatthe'City Manager be authorized to advertise for bids for delivery of the time clocks and necessary mechanism for installation of flashing school zone signs, with bids to be received by the, City COnnilission on July 24," 1978. Voting Aye: All Voting No: None In reporting on traffic control at University and Edloe, Mr. Steitle stated that the,T:taffic Engineering Plan described the old sigilalwhich had'been re- moved as a result of damages sustained when hit by a truck, as substandard, inefficient, unsafe and riot warranted.' Mr. Steitle further stated that the Traffic Engineering Plan recommended'that,theintersectionbetwo-way stop controlled with Edloe being the' g,top street.,' It was his recommendation, how- ever, that the intersection be a four-way stop, supplemented by a suspended flashing'redbeacon usingthe'existing controller and new signal'heads.in stock. Motion by Commissioner Sellers, seconded by, Commissioner Greene, that the City maintain a signal light at the intersection of University Boulevard and Edloe Street, with stop and go lights. Voting Aye: 'Sellers "Voting No: Dunn " Greene ,P arks Thoinps:bn Motion by Commissioner Thompson; seconded'by'Commissioner ParKs, that the'inter- section of University Boulevard and Edloe be a four~waystop,'supplemented by a suspended flashing red beacon. Voting Aye: All Voting No: None 4. INTERSECTION OF WESLAYAN AND STELLA LINK: City Engineer DaVid Steitle presented a proposal for re-vamping the intersection of Weslayan at Stella Link by removal of the stop sign located on Stella LinK to make it a iriajor movement street with control preference; making Wes'layan northbound a minor movement street; and' the use of reflectorized street buttons fOr better lane designation and visibility. Motion byCoinmissioner Thompson~: seconded, by Commissioner Sellers, that the City COIImI8sion approve the plansubinltt'ed by' the City Traffic Engineer and the re-vamping, of ,the intersection of Stella Link and WesTayan be implemented in accordance with the drawing of June' 3, '1978. Voting Aye:. All Voting No: None 5. WATER 'WELL' NUMBER SEVEN: 'The Commission had reviewed; the sites recommended by Langford Engineering Company's report for the location of a new water well, noting that alternatives available were the property deeded to the city by the R.E. "Bob" Smith Interests located at the southeast corner of Weslayan and Bissonnet; the Liberty Hill site; the street easment on Amherst Street and the property purchased by the city adjacent to the Y. M. C. A. II l I 1JJ IIlI I' . 'I . Ul:dllmllmllllllllalll . "Ilie hll[llI mIll u. liJ.::IlL..[lJ '.i1 I ~'j .1. llJllU IU.I!llll] JJI. . ...JI11fI~"J "!II~Jl'r<-r~'! II I! If iJld ,I i II 1\ I I II 18 'Motion' by Commissioner Parks, '. seconded by,'Commissioner Greene, that the property ,deeded to the city by theR~E. "Bob":Sinith,'Interests at Weslayan and Bissonnet , ,bedesignated.~as ::the' siteCfor',water well -1/7 ':to,be=-.located. . Voting, Aye: AIL , 'Voting' No: ,None I J '---...J 6. ANNUAL CHLORINE REQUIREMENTS: , TheCommssion was advised thClt the city's cur- rent contract with Dixie Chemical Company for delivery of annual chlorine re- , requirements would :-exp'ire::-on' Au-gus t) 14; ': 1978 ,>:arid', i t:woiiid- be:',neeessa:rf: 'to "aavert 1se for bids for future chlorine needs. Motion by Commissioner Thompson, seconded by Commissioner Sellers, that the City Manager be authorized to advertise for bids for the delivery of the city's annual chlorine requirements, with bids to be received by the City Commission on July 24, 1978. Voting Aye: All Voting No: None 7. HYDRAULIC HOIST: An invoice in ,the amount of $1,137.21 submitted by Truck and Pickup Equipment Company,:for furnishing one new'hoist installed on a city truck ,as presented to, the,' Commission .for' consideration. Motion by Comrid.ssioner Thompson, seconded by Commissioner, Sellers, that an invoice in the amount of $1,137. 21 submitted 'by Truck and; Eickup ,Equipment 0 , Company, ,be approved for payment. Voting Aye: All Voting No: None )1 , I 8. 'CODE OF ORDINANCES: An invoice in ,the amount of $832.39 for publication of ,,'Supplement Number 15 to the Code of Ordinances, submitted by the Municipal Code ~ Corporation was presented for consideration. Motion by Commissioner Thompson, seconded by Commissioner Sellers, that the ,invoice received from the Municipal Code' Corporation in the mount of $832.39 be approved for payment. Voting Aye: All Voting No: None 9. MI~IMUM FINE SCHEDULE: Ordinance Number 1117 establishing minimum fines for traffic violations was 'presented to the, Commission and read in full: - AN ORDINANCE RECOMMENDING A MINIMUM FINE IN AN,'AMOUNT ,THOUGHT TO BE JUST AND, REASONABLE FOR TRAFFIC VIOLATION, IN THE CITY OF WEST'UNlVERSITY PLACE, TEXAS, IN ORDER THAT PERSONS DESIRING TO PLEAD GUILTY TO THE VIOLATION CHARGED ,MAY'KNOWTHEAMOUNT OF THE FINE THAT WILL BE. ASSESSED WI'l'H- OUT APPEARING BEFORE THE MUNICIPAL COURT OF SAID'CITY; COLLECTING AND REMITTING, THE' AMOUNT OF $3.50 IN ACCORDANCE WITH STATE STATUTES; AND PROVIDING AN EFFECTIVE DATE.. WHEREAS, an investigation has been made as to the fines now being assessed by the City of West University Place and various other municipalitie! located in Harris County, Texas; for violation of t, he traffic laws; and : i I ~ '19 u WHEREAS, it'isdeemed advisable by the City Commission to bring the schedule offf.nesf.n the'City of West University Place more closely in accord with the fines being assessed oy neighboring municipalities; and WHEREAS, the'City:eomniission'wishes'to:recomnierid and-establish a minimum 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 City of West University Place. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST ,UNIVERSITY PLACE, TEXAS: o L!) ~ W <:[ <( Section 1. That from and after the effective date hereof, the Clerk of the Municipal Court of West University Place, Texas, is authorized to accept as full payment the amounts shown below for each of the listed offenses where the person desires to plead guilty as cha'rged and the offense charged is the first offense. SCHEDULE OF MINIMUM FINES - FIRST OFFENSE c Speeding - School zone - first 10 miles over limit Speeding - for'first 10-miles over legal speed'limit ($3 per :mile in excess' of 10 miles: over' legal limit.) Running red light o~ flashing red light Running "stop" sign Illegal turns Driving on wrong side'of street Driving wrong way on One-Way street: "Failure to, Yield Right-of-Way Cutting Funeral Procession' Running over fire hose : Illegal parking other than Fire Zone Blc)c,kingfire: plug or parking in'FireZone Blocking pedestrian lane Defective brakes Defective lights , No muffler, defective or illegal muffler:, ' No-operator!slicense No state inspection sticker' No vehicle license, or illegal license Pedestrian crossing between intersection or walking against 'red light' Operating truck where~iprohiDited Failure to appear for trial Parking on wrong side' of',street Negligent collision Dog at large or no license $ 30.00 25.00 25.00 25.00 10. 00 ' , 15.00 1O~ 00 25.00 10.00 25.00 10. 00 15.00 , 10.00 25.00 10.00 20.00 '50.00 " 10.00 ,20.00 5~00 10.00 25.00 15.00 50.00 ( 25.00 r SeCtion',2.Theamoimt of $3.50 is to he added to the amount of above noted fines'where required by State Statutes'and:such fine be levied and remitted to the Comptroller of Public Accounts. ill . L .L:llil '1 1I I I TI.I!lD.1II]W'I'111,. . .....!JIIUl~ Il,II'i. ~ ~I I' ~ I , . LLJ 11111 I "~II 11 20 Section 3." That when a person chg.rged with a traffic violation appears ,before the 'Municipal-Court, of,West'University'Place-either to enter a plea of guilty,or not guilty, if the Court finds such person to be guilty, a fine shall be assessed as the Court shall determine and in accordance with the applicable statute and/or, ordinance. , -, " \ r I I , , ,~ Section 4. This ,Ordinance shall take effect and be in force from and after August 15, 1978. PASSED ANDiW.PROVED this day of , 1978. Motion by Commissioner Parks, seconded by Commissloner Greene, that Ordinance Number 1117 be approved as read. Motion amended by: Commissioner P~rks to provide that Failure to Appear for Trial carry a minimum fine of $25.00 and a maximum:fine of $lOO.OO:at the discretion of the Judge of , the Municipal Court. Amendment to motion died for lack of a second. Voting Aye: All Voting No: None 10. LEGAL MATTERS: City Attorney David Allums review~d g. recent Supreme Court ruling on single member districts, noting that s:uchruling' would' have little or no affect on the city. 11. CITY MANAGER'S REPORT: City Manager Jim Brown advised the Commission that at the present time there are a number of different types of letterheads being used in the various departments of the city, and with consent of the Commission he would standardize with the use of the same letterheads used by the City Commission. The Commission was in complete agreement with the recommendation. ii' I 'J Mr. Brown requested that the June 29th scheduled workshop session on the budget be delayed until after July 4 to provide time for his staff to review Depart- mental budgets. 12. CONCERNS OF THE CITY COMMISSION: June 29th was designated as a workshop session of the City Commission to interview other, residents interested in serving the Municipal Court as an Associate Judge or Prosecutor, and to meet with represen- tatives of the firm of Lifson, Wilson, Ferguson and Winick to discuss their clas- sification/compensation study. 0: In response to a concern of Commissioner Thompson regarding mosquito control, Mr. Brown advised that action was being taken to, improve the program. 13. ZONING AND PLANNING COMMISSION MINUTES:, Minutes of the regular meeting of the Zoning and Planning Commission on June 13, 1978, were presented to the Commis- sion for their information. 14. ZONING BOARD OF ADJUSTMENT MINUTES:Mi~utes of the regular meeting of the Zoning Board, of Adjustment: on Wednesday, June 21, 197p~' .wi=:re presented to the Commis- sion for their information. ------ 15. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on Monday, June 12, 1978, were presented, and the following action taken: Motion by Commissioner Parks, seconded by Commissioner Thompson, that minutes of the regular meeting of the City Commission on Monday, June 12, 1978, be approved as submitted. 'f \ i ~ u o LO 'rI W c::[ <( o II Ll Voting Aye: All Voting No: ~21 None 16. ADJOURNMENT: With no further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 9: 25 p. m. ;.>,.. . dfd~ Mayor ' ATTEST: ~~ Assistant City Secretary ~' - "1__ [u!:J:IILCU:ll_ , ,I,TI~rrDqllJlIl!!l"l. , .. . -1IIMIGllIU,111.ift-t1" I ~r -r-;-- r LLri'ITT'" -, ILII' I 'I, , 22 REGULAR MEETING OF CITY COMMISSION July 10, 1978 1 The City Commission convened in regular session at the City Hall on Monday, July 10, 1978, 7:30 p.m. with the following members present: Mayor Dunn, presiding; Commissioners Greene and Parks. The City Attorney and City Manager were also present. Commissioner Sellers was on vacation and Commissioner Thompson as absent. I i , '---.J The, InvocationwCispronounced by Commissioner Parks. 1. HEARING OF RESIDENTS: Mrs. Sue Cole, 2625 Fenwood, appeared before the Commission to express her concern with removal of the traffic signal at the intersection of University and Edloe and replacement with four-way stop signs. Mrs. Cole stated that children on bicycles pay no attention to stop signs, but do realize that a stop light means they should stop inasmuch as they are taught "stop" and II.go". Mrs. Cole further stated that with the four-way stop signs cars stop on each of the four streets each motorist waiting to see who goes next and that it washer fear that a child would get injured. City Engineer David Steitle advised Mrs. Cole that the city's Traffic Engineering Study recommended that all of the lights be removed. Mayor Dunn explained to Mrs. Cole that replacement of the light would be most expensive inasmuch as it would have to conform to all of the provi- sions of the Uniform Traffic Manual. Mrs. Cole was also advised that the Police Department worked very closely with students at the school and that the West University PTA might take action to work out a program to educate students on obeying stop signs. i _~I Mr. W. L. Partridge, 4040 Ruskin, expressed his appreciation for agendas being placed outside the door for those attending Commission meetings, and again expressed his concern with dogs running loose in the city. 2. MUNICIPAL COURT: Resolution Number 78-18 was presented and read in full: WHERE!S, the City Commission has been advised that com- pliance with Senate Bill 1043, Texas Law 1977, Ch. 787, Section I, Page 1970, effective July 1, 1978, will create a burden and hardship on the personnel serving the Municipal Court of the City of West Uni- versity Place; and WHEREAS, it is not appropriate to expect the Municipal Court Judge, Associate Judge and Prosecutor to be ready for trial within thirty (30) days for a misdemeanor punishable by fine; and WHEREAS, it is the desire of the City Commission to make such additional appointments to the Municipal Court to provide com- pliance with Senate Bill 1043, and to provide for oderly operation of the Municipal Court. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS. , I ~ Section 1. That Michael Schneider and Terry Collins are hereby appointed to serve as Associate Judges of the Municipal Court n o LD oM W c:::c <::( 0: , I of the City of West University Place. 23 Section 2. ~ That ,Betsy Rice Coleman and Thomas ~.Taylor are hereby appointed to serve 8;s Associate ,Prosecutors ,of the Muni- cipal Court of the City of West University Place. Section 3. That each of the persons hereby appointed are, vested with all the powers and duties as set forth in the Charter of the City of West University ,Place and the Statutues of the State of Texas pertaining to their official appointment. Section 4. That each,of the persons hereby appointed shall receive as compensation for their duties the amount heretofore provided for such position. Section 5. That the term of each of the persons hereby appointed be fora period of sixty (60) days in accordance with the provisions of the City Charter. PASSED AND APPROVED this day of, ,1978. Mayor Dunn administered the Oath of Office to Mrs. Betsy Rice Coleman and Mr. Thomas Taylor as Associate Prosecutors of the MUnicipal Court. Mr. Schneider and Mr. Collins were out of,thecity and will b~ given the Oath at a later date. , " ZQNING_AND',PLANNING' COMMISSION: _' M<lyo:r" Dunn' announced that recent resig- nations by~embers of the Zoning and Planning Commission created the need for appointment of additional members. " I It I ~ I 'JIIII III ! IU""bULH:;tlllr 3. Motion by Commissioner Parks, ,seconded by Commissioner Greene, tha~ Mr. George Berg, 3316 Tangley, be appointed to Serve as a member of the Zoning and Planning Commission. Voting Aye: All Voting No: None Mayor Dunn administered the Oath of Office to Mr. Berg and welcomed him as a member of the Zoning and Planning Commission. 4. BIDS FOR DELIVERY OF AUTOMOTIVE EQUIPMENT: ,The City Manager advised the Commission that invitations had been mailed to seven u(7)automotive dealers for delivery of a pickup truck for use by the Humane,bfficer and all had declined to, bid on the basis that this was the end of the model year, that pickup trucks were very scarce_,: and that: it was b~1ieved that the price would be higher, than the city, would, be wllling to pgy. '[I '-. \ ) ) In response to a question regarding action that - could be, taken inasmuch as no bids were receivedt City Attorney David Allums advised that the City Manager could be authorized, to nego,tiate for the, purchase of a new truck. The City Manager was authorizedto,:<i~termineunits, that might be available for purchase and report to the City CotIUIiission, at its next meeting. - Irl lTI1T11i nrr 11 . ,. '.1, Tl'IrrlJqIIl[!lEll1~L... ..JIlml~tllllllr"I~"iJ111 ~~I LJIIlIt.II,1 II 11 I I 'I. I '24 5. PUBLIC HEARING ON 1979 BUDGET: The Connirlssionwas:advisedthat provi- sions of the City Charter require that a budget be approved not later than August 31st of each year ~nd that necessary legal notice be published thirty (30) days' prior to such hearing~ The followi~g calendar was established by the City Commission for consi- deration of the 1979'budget: ! I i I 1 '---.-/ , Thursday July 27th: Public Hearing on use of'Revenue Sharing Funds Monday August 7th ,Public Hearing on General City Budget Thursday August l7th- Public Hearing on General City Budget Monday August 28th - ACloption of 1979 Budget 6. AUTOMOTIVE EQUIPMENT EXCHANGE: The City Manager'advised the Commission that it had been deemed advisable to use a 1972 Chevrolet assigned to the city's Public Health Officer ~s a trade-in ,unit rather than a 1974 Ford inasmuch as it had been determined that the Ford was a more service- able unit. Suc4 exchange of trade~in units would result in an additional cost of $750.00. , ' Motion by'CoInmissioner Parks, seconded by'Commissioner Greene, that the City Manager be authorized to use a 1972 Chevrolet as a trade-in unit in lieu of a 1974 Ford at a net cost difference of $750.0~. Voting Aye:: All Voting No: None iJ 7. TRAFFIC~ CONTROLL AT WEST UNIVERSITY ELEMENTARY SCHOOL: In accordance with action of the City Commission on June 26,' 1978, b'rdiiiance Number 1118 was presented and read in full: 1 ( ---...J" AN ORDINANCE AMENDING SECTION 23-106 OF THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: " PROVIDI~G FOR SPEED LIMITS IN SCHOOL AREAS: PROVIDING , FOR STREETS DESIGNATED AS SCHOOL AREAS: llliD PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST -.. . ,. UNIVERSITY, PLACE, TEXAS:' Section 1. That Sec:tion 23;"106 of the Code of Ordinances , of the, City, of West University :Place, Texas'is hereby amended so that hereafter said Section 23~106 shall read as follows: "Section23'-106.' Maximum Limits:"': School Areas (a) No 'person shall drive a vehicle at a greater rate of speed than twenty (20) mil~s: per' ~our in a school 'area, on all school , ,~. , ,'" , . days" during the hours established by the City Traffic Engineer. (b) The following streets or portions thereof are recognized as special hazards and shall be designated as school areas: -, L. I I I ~ '------...--./" n o LD ~ W <t <( o ~-c; " I Street University Boulevard Edloe Street Auden Street :25 Extent From the west curb,line'of Edloe to the east curb line of Auden. From the north curb line of University Boulevard to the south{curb line of Rice. From the north curb line of University Boulevard to the south curb line of Rice Boulevard." Section 2. This Ordinance shall take effect and be in force im- mediately from and after its passage and approval by the Mayor. PASSED AND APPROVED this' day of , 1978. Motion by Commissioner Greene, seconded by Commissioner Parks, that Ordi- nance Number 1118 be approved as read. City Attorney David Allums' sugg~sted that the Ordinance be amended to remove the phrase, "on all school days" in section :(a:) in view of con- tinuous activity in the area all year long. Voting Aye: Dunn , Greene Voting No: Parks CITY HALL TELEPHONE EQUIPMENT AND SERVICE: The City Manager stated that consideration had been given by the City Commission, in workshop session, to replacing the existing telephone equipment located in the City Hall with a Dimension 100 PBX System, and recommended tha:t, the Commission pro- ceed according to a recommendation made by former City Manager Whitt Johnson. Mr. Brown noted that the new system'would cost $26,837.85, and could be ordered now for installation, with payment not being made until after the 1979 budget became effective. 8. Motion by Commissioner Parks, secondedby:- Commissioner-Greene; that the City Manager be authorized to proceed with the' purchase of equipment as recommended by Southwestern Bell Telephone Company with payment to be made in January, 1979. Voting Aye: All Voting No: None 9. AREAWIDE WASTE TREATMENT MANAGE~NT PLAN: Resolution'Number78-l9 was presented to'theComridssion- and read, in: ful,l: A RESOLUTION OF THE CITY OF WEST UNIVERSITY PLACE OF HARRIS : COUNTY, TEXAS INDICATING ITS UNDERSTANDING OF THE~-208 FACI- LITY MANAGEMENT AGENCYDESIGNAT~ON PROCESS AND 'ITS ~ILLIN~ NESS TO PROCEED WITH IMPLEMENTATION OF DESIGNATED RESPONSI- BILITIES UNDER THE GREATER HOUSTON 208 AREAWIDE WASTE TREATMENT MANAGEMENT PLAN.' , ' wHEREAS, the City Commission, of the City of West University Place of Harris County, Texas recognlzes that pursuant to the Federal Water Pollution Control Act, as amended, the Governor shall designate one or more waste treatment management agencies to carry out appropriate 11 I , ..-rl ~ _-'-- _J._.._~ 1'11111'1[1 J II ,11111'H1IIIT7- . "I~w IilliIlIl.JClEI.] L' I I ---__ L _. r .... . n__... .... __... . . .. 26 portions of an Areawide Waste Treatment Management Plan for the Greater Houston 208 Planning Area developed under Section 208 (b) of said Act; and 'WHEREAS,: said designated management agency must have the authority and capability to carry out applicable portions of the Areawide Waste Treatment Management Plan; and WHEREAS, the designated management agency must indicate its wil~ingnessto proceed to carry out its responsibilities for opera- tion of publicly owned treatment works as identified in the Areawide Waste Treatment Management Plan. " NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY, PLACE, TEXAS: That'the City Commission of the City, of West University Place of Harris County, Texas does hereby agree to accept, assume and carry out certain responsibilities within its jurisdictional boundaries as identified in the Greater Houston 208 Areawide Waste Treatment Management Plan. PASSED AND APPROVED THIS day of , 1978. Motion by Commissioner Greene, seconded by Commissioner Parks, that Reso- lution Number 78-19 be approved as read. Voting Aye:, All Voting No: None 10. Legal Services:: The Commission was. presented an invoice in the amount of $2,9l1.00,'submitted by City Attorney David Allums for, legal services rendered during, the months of April, May and: June. Motion by Commissioner Parks, seconded 'by Commissioner Greene, that an invoice in the amount of $2,911.00 submitted by City Attorney Dftvid Allums for legal services rendered during the months of ApriL, May and June be'approved for: payment. Voting Aye: All Voting No: None 11. PROPOSAL FOR WATER WELL ENGINEERING SERVICES: A proposal received from Langford Engineering for engineering services for the preparation of plans: and speci~icationsand related engineering services for the con- struction of a new waterwell was 'presented'to the Commission for consi- deration. A letter from 'City Manager advised that in his op1.n1.on,and:thatof the City Engineer, some of the percentages were excessive for the engineer- ing work necessary. Motion by Commissioner Parks, seco:p:dedby Commissioner Greene, that the contract with Langford Engineers be reviewed by the City Manager, City Attorney and staff for further study and changes as necessary for further re-negotiationuntil such time as the staff is satisfied that the contract should be considered by the City Commisioh. ,..........) I I i I ! I J l } '-----' --x' I i i I !J ---, , ! r LJ 27 Voting Aye: All Voting No: None o 12. LEGAL. MATTERS: City Attor~ey David Allums advised the Commission that the Articles for Incorporation for the Parks Fund had been completed and forwarded to the City Manager for distribution to the proper persons. Mr. Allums stated that he had written to Representative Brad Wright to request that he be furnished any information that would affect the city that might be considered by ,the State Legislature in its special session. Mr. Allums then reviewed the suitfHed by the City of Katy, the City of Pasadena, and others joined by West University, to declare the creation of the Houston-Galveston Coastal Subsidence District as un- constitutional. Mr. Allums advised the Comm~ssionthat he w.as obtaining some results in requests to have dangerous property removed or repaired, but felt confident he would soon be requesting permission to file suit on other violations. o 13. CITY MANAGER'S REPORT: City Manager Jim Brown presented the Commission an invoice in the amount of $500.00 received, from Curtis Stewart and Associates, Consultants, for time spent on the city's budget process during the period of June 15, 1978 through June 24, 1978. It was noted that the City Commission authorized an expenditure of $900.00 on June 12, 1978, for the employment of a budget consultant and the City Manager was authorized to pay the invoice. Mr. Brown advised that he had received a call from Commissioner Sellers prior to her leaving on vacation to state that Mr. Oscar Kotterman, who formerly served as a member of the Council on Aging, was interested in serving again, and that Mr. Horace Rice had agreed to serve as a member. Motion by Commissioner Parks, seconded by Commissioner Greene, that Mr. Oscar Kotterman and Mr. Horace Rice be appointed to serve as members of the Council on Aging. Voting Aye: All Noting No: None An invoice in the amount~df $15,000 submitted by Don Tallant, C.T.A. in conformance with his agreement with the city whereby he would re~ ceive $15,000 in advance, $15,000 when field inspection work has been completed, $15,000 when new valuations are posted to appraisal cards and the final $11,000 of his $56,000 contract upon completion of the Tax Board of Equalization hearings. It was recommended to the Commission that inasmuch as many of the compu- tations had been found to be in error and were having to be checked that Mr. Tallant be paid only $7,335.51. o Motion by Commissioner Parks, seconded by Commissioner Greene that Don Tallant, C.T.A. be paid the sum of $7,335.51 until such time as other computations on new valuations had been checked and all posted to the city's appraisal cards. Voting Aye: All Voting No: None tt.':::.*, ';~kl~~r4t'Jttl;':rliil U I. II I f1 I II Nf-II ill I' I ,f,,:l~ r .." 'I' ." 'T".' "' I I ' II' 'I' I "lr'ilIli11lIIlllllIIDlfT'. milT 28 14. CONCERNS OF THE CITY COMMISSION: Commissioner ,Michael Parks requested that'the City Commission b~furnished a breakd<:jWll showing income from '0_ the recreation program in order that it maybe determined the use being . made of the,various fac~lities that have been provided. Commis~IDonerParks also r~quested that consideration be given to the appointm~nt of a Committee to, study the, feasibility of the creation of an Independent School District in,i:he near future. 15. ELECTRICAL BOARD MINUTES: Minutes of the regular meeting of the Electrical Board on June 19, 1978, were presented to the Commission for their infor- mation. J' 16. CITY COMMISSION MINUTES: Minutes of the regular meeting of, the City Commission on June 26, 1978, were present~d for consideration and the following action taken: Motion by Commissioner Greene, seconded by Commissioner Parks, that, minutes, of the regular meeting of the City Commission on June 26, 1978, be approved as submitted. Voting Aye: All Voting No: None With no further business to,com~ before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned at 9:05 p.m. ~of~ [] ATTEST: ~ X'dLc.La<-c;L/ Assistant City Secretary o o o LO rM W c:::c <( 01 I [] ',29 REGULAR MEETING OF CITY COMMISSION July 24, 1978 The City Commission convened in regular session at the City Hall on Monday, July 24; 1978, '7:30 p.m.; with the following members present: Mayor Dunn, presiding; Commissioners Greene, Parks, Sellers arid Thompson. The City At- torney was also present. City Manager Jim ,Brown 'was ill. The Invocation was, pronounced by Commissiuner Sellers.:' 1. HEARING OF RESIDENTS: Mr. Howard 'Marshall, 293LAmherst, appeared before the Commission to determine whether 'consideration had been given to the excessive amount of traffic on Belmont Street. Mr. Marshall stated that inasmuch as the area isa heavy jogging and, biking area he was concerned with the amount of traffic and the speed of automobiles in the area. Mayor Dunn advised that a s'urvey made of traffic on, Belmont, and Brompton between University and Bellaire Boulevar~ had determined that most 'of the traffic 'was not Ocut-tnrough" :traffic, but residents of 'West University. City Engineer David Steitle advised that the traffic survey had indicated that approximately 93% of 'the traffic on Brompt'on were; ,residents 'of the city and approxima~ely 90% of the traffic on Belmont were residents. Mr. Marshall was advised 'that the Police Department would be advised to, be mindful of' this particular area to check for speeders. Dr. Bob Chamberlin, 3304 Sunset, appeared before the Commission on behalf of the city' Si 'Council on Aging of which he serves as Chairman. Dr'. Cham- berlin stated that over a period of months the Council had been concerned with finding a'permanent:location for the Senior Cen'ter which currently was using the 'facilities at St. George's 'Church, but had to move from time to time when the Church needed its facilities for funerals, weddings, etc. and that each time a change in location wasniade attendance at the Senior Citizen decreased. Dr. Chamberlin stated that from 60 to 65 meals were served at noon each day and many participants did not eat lunch,but came to participate in the other planned activities. Dr. Chcimberlin'requested a comniitment,'fiom the city for use of the Loggia and Kitchen area of, the Community Building for, location of the, Senior Center, noting that such use would not serious1y'interfere with the Parks and Rec- reation Department's activities. Mayor Dunn advised Dr. Chamberlin ,that niembers of the Commission were aware of the ,problem of trying to find apermaneritsite for location of the Senior Center and that the city was the contracting agency with the County for the mealsi te program, but there were no city facilities available from 10: 00 until 2: 00 each day on a permanent basis. Mr. Dunn also stated that he personally was" not satisfied' thatsonie oth'er facilities were not, available for the program and that the City'Commission'wasnot ready to make a commit- ment for use of the Community Building at this time. It was the decision of the City Commission that utilization of space at the Community Building be determined on an administrative level and a con- III, II I II '1) lift,., "1......_-1'. " I I ' ~ I 1111 . '1' .. ir ""nliDn.IDiITIIIllIIBIIi I . I . 'TllBlr . ..; ..jJIln:r .1. IJIIIIIIIIIIll!IIJIUIII[.'], -11.. I. lItH j, II ~---L. ._._."I~-. ~. .I. ;-Ill I ,I 1'T r r' [, I rl~ .---Tllf 30 crete recommendation be presented to the Commission. Mr. W. L. Partridge, 4040 Ruskin Street, advised the Commission that he had worked with the Civic Club for a number of years as Director of the Southwest quadrant of the city and that it was his desire to use the city's water account records in order to update his list of residents in that quadrant of the city, but had been told by City Treasurer Robbie Barnett that they were not available. Mayor Dunn explained to Mr..Partridge that there was no list as such and that Water Department accounts were kept on ledgers used for billing pur- poses and were not segregated by quadrants of the city. Mr. Dunn advised Mr. Partridge that if sucbinformation was desired by the Civic Club that it should be coordinated with the Chairman 'of 'the Club to obtain informa- tion for the' entire city at one time. 2. CHLORINE REQUIREMENTS' The Commission was presented a letter received from Diamond ShaffirockChemical Company advising that they were unable to bid on the city "s chlorine requirements 'inasmuch as they do not carry the size containers required. The 'one bid received was opened and results announced as follows: Dixie Chemical Company 2,000 'lb.containers ISO-lb.' cylinders $0.12 per lb. $0.177 per lb. Motion 'by Commissioner Parks, seconded by Commissioner Thompson, that the bid of Dixie Chemical Company be accepted for delivery of the city's chlorine requirements. Voting Aye: All, Voting No: None 3. SOLID STATErONTROl.T,ERS'i:Bids received for delivery of two (2) solid 'state 'controllers were opened and results announced as follows: Eagle Signal Corporation . - 'No Bid ' 3-M Company $ 850.00' Signal Engineering 'Company .~ . $ 935.00 Motion by Commissioner Parks, seconded by Commissioner Sellers, that bids "received for delivery of two (2) solid state controllers be submitted to the City Manager arid his staff with the authorization to purchase the con- trollers meeting specifications. Motion amended by Commissioner Thompson, accepted by Commissioner Parks, that the City Manager be authorized to purchase the solid state controllers meeting speCifications with the lowest bid. Voting Aye:" ,All . Voting No: None 4. RESOLUTION NUMBER ,78":20: City Engineer ,David Steitle advised the Commis- sion that in accordance'with instructions to replace school signs and the remaining non-school traffic signs in :"the city a contract had been prepared between the city and the Office of Traffic Safety for reimbursement for the signs. ------, I~l \ i U I I . i U r-, I I , I lJ 31 Resolution Number 78-20 was presented to the Commission, and read in full: n A RESOLUTION, OF ,-THE CITY COMMISSION OF THE crmy OF WEST UNIVERSITY,PLACE, TEXAS, AUTHORIZING DAVID STEITLE, CITY ENGINEER, TO EXECUTE THE NECESSARY, APPLICATION INSTRUMENTS TO APPLY TO THE STATE DE- PARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTAION, OFFICE OF TRAFFIC SAFETY AND ANY OTHER AGENCY FOR GRANT FUNDS TO FUND A TRAFFIC SIGN REPLACEMENT PROGRAM. o LD ~ W c::( <( WHEREAS"the Federal funds have been made available through the State of Texas for Traffic Sign Replacement ,Programs aimed at bring- ing all warning.and regulatory signs into compliance with the Texas Manual on Uniform Traffic Gontrol'Devices for Streets and Highways; and WHEREAS, the City of West University Place wishes to apply for a grant for a Traffic Sign Replacement Program in order to bring all regulatory and warning signs within its jurisdiction into compliance, or,to.increase the ,degree of compliance of regulatory and warning signs within its jurisdiction, with~he Texas Manual on Uniform Traffic Con- trol Devices for Streets and Highways; and WHEREAS"the City of West ,University Place intends to inven- tory and maintain all warning and regulatory signs procured under this 'grant. 11 u NOW, THEREFORE, BE .IT RESOLVED, BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: , Section 1. That David Steitle, City Engineer; be, and he is hereby, authorized to execute the necessary application instruments to apply to the State Department of Highways and Public Transportation, Office.ofTraffic,Safety and any other agency for grant funds to fund a Traffic Sign Replacement Program for the City of West University Place. -Section 2. This Resolution shall take effect immediately from and after its passage by the City Commission of the City of West University Place. t;' .PASSED AND APPROVED this, day of , 1978. Motion by Commissioner Parks, seconded by Commissioner Seliers, that Reso- lution Number 78-20 be approved as read and the Mayor authorized to execute a contract with the Office of Traffic Safety for the city's Traffic Sign Replacement Program. - Voting Aye: All Voting No: None n 5. HOUSTON POWER & LIGHT COMPANY, RATE REQUEST: City Attorney David Allums reviewed the statement of-intent to,increase its rates filed by the Houston -Lighting &,PowerCompany,with ,the Public Utility.Commission. ,Mr. Allums' noted that the City of Houston had filed a notice of intervention, as had the Texas Municipal League on behalf of its member cities and at this time Jl~[LI------.J.._~LL.L.l..L I 1 II It fi I i'11i r:-" .. ..--- .-"" i JI'- .':.._~ Iii, i 1 ! I' I III III , [ I "Ir 'DIIIDIlDIIIIIIIIIIIlIJ i I Inilr!" , n' ,.!]I!I[J:, . I. ,IlIlIIIIIIDnI!IIIBDJ[lID. -1).. lIlt< . I ~-----rr~'-~~.. ..._..![ : .J. .._.-111 I ~ 11'1 u=r'" !~-L:I -~TrlJ .32 he did not believe it necessary for the City of West University Place to incur the expense that would be involved in the employment of rate experts that wou14be required to present testimony to the Public Utility Commis- sion. Mr. Allums advised the Commission that he would monitor the progress of the request and advise if further action was required by the city. Resolution Number 78-21 was presented to the Commission and read in full: WHEREAS, on July 14, 1978, the Houston Lighting & Power Company (HL&P) filed a Statement of Intent to change its.rates for elect~ic service within the City of West University Place and has requested that said changes qecome effective on August 21, 1978; and WHEREAS, HL&P .has filed rev~sed Tariff Schedules together with statements specifying in detail each'proposed change, a rate filing.package, a~d supporting testimony; and . -' . , . lVHE~EAS, Sect~on.1 7 (a) .of tqe Public Utili ty Regulatory Act, ArtiCle l446c, Texas Revised'Civil Statutes, gives the govern- ing body .of each municipality exc1~sive Qriginal jurisdiGtion over elect:dc rates within its muni<;ipal boundaries; and , WHEREAS~ Sect;ion 43(d) of the Public Utility Regulatory Act authorizes .the governing body qf any municipality acting as a Regulatory Authority to suspend the operation of any proposed change in rates for a period not to exceed 120 days beyond the date on which the scheduled rates would otherwise go into effect, which period may be further extended for an additional 20 days; and WHEREAS~ HL&P'~ proPQsed rate change~ and the detailed mate~ial,supporting those changes require'comp~ehensive evaluation and study; . ' " , IT Is THEREFORE. RESOLVED by the City CommisSion of the City of West University Place, Texas: ' That the changes .inrates for electric service within the Ci1;y of W~st U~iv~rsity P~ace prop.osed by How~ton Lighting & Power Company to become effective on August 21, 1978 should be, and are, hereby suspended for a period of 120 days beyond said proposed effec- tiv~ date, until December 19, 1978, subject to an additional suspension of up to 30 days beyond said date upon further resolution of this Com- mission. PASSED AND APPROVED 1;his day of , 1978. Motion by Commissioner Parks, seconded by Commissioner Thompson, that Resolu- tion Number 7~-2l be approved as read. V oting Aye: All Voting No: None il I ! :"--......J r~1 !. i U ,..---., 6. LIBRARY TOWN HALL MEETING; .West,U~iversity Librarian Ginny Martin advised I I the Commissi~n th~t Governor Briscoe has proclaimed September 12th as Library ~ 33 o Town Hall Me~ting Day in Texa~ and that all libraries were requested to schedule meetings for that date to receive input from local citizens re- garding needs for librartes: ' Ms~ Martin stated that information received on .th~ local level' will ,be' passed on to the Texas Library Conference and uldmatety to the White'House'Lihrary Conference. In ,response to a question ,by ,Mayor Dunn regarding participation of the Friends of the Library spearh~ading the,.Town Hall Meeting, Ms.' Martin stated that the group was very small and did not seem willing to work on such a meeting, but that she would contact members. ' o 1.0 " W <( <:( 7. MUNICIPAL COURT CHANGES: ,The Commission was presented a Municipal Court Schedule submitted by Judge Bob Dunn which had been necessitated by the enactment of the Speedy Trial Act. Municipal'Court will now be held on the first ~nd third Thursday; the second and fourth, Tuesday and a jury night will be held on the fourth, Thursday., 8. ~EGAL MATTERS: City Attorney David Allums advised that he had talked with Representative Brad ,Wright concerning any tax matters that might come be- fore the Speclal Session of theSta~e Legislature and would advise the Com- mission on any matter that might affect'the city. ' Mr. Allums also advised that he had successfully settled an old paving lien aI+d that he wa~ cqntinuing to rec~ive calls regarding zoning viola- tions. O 9. CONCERNS O~ THE CITY COMMISSION: In response to a question from Commissioner II Parks regarding improvements in the dog situation, Mr. Partridge advised that :: they are still running loose in his neighborhood. Commissioner Thompson was advised that the mosquito foggi~g equipment is on a regular schedule to cover the entire city. Commissioner Sellers advised that she had received a request fr9~ the Parks and Recreation Board that they be advanced $1,000 for the planned Labor Day Splash Bash as was done for the previous program. Motion by Commissioner Sellers, seconded by Commissioner Thompson, that the city advance the sum of $1,000 to the Parks and Recreation Department for use of the Splash Bash Committee, to be repaid immediately following their Labor Day Program, with proper accounting. Voting Aye: All Voting No: None It was the decision of the City Commission that the Parks and Recreation Board be requested to recommend a project for expenditure of any funds made at the Splash Day activities. it II II Ii I II Commissioner Sellers requested that the Commission give consideration to the questions concerning front porches, decks and to include driveways, parking and paving in front yards as soon as the budget schedule permits. Commissioner Sellers also requested information regarding the enforcement of regulations regarding ,erection of signs. Mayor Dunn advised the Commission that he had received a letter from the I. [ .j. ,=::l::l. " r-- ~ .1. "1. ........JL-------l '''I. " "(r" .t::JIIllllllmlUlllllllllllllllll.[]"1 "liCIt:: .... TJI!IJ:.ll 34 I llIIIIIImmmUIJICl" l! ' ' I 1IIl' " ~~L..".:._:..l[_~..~..J _..<: ~-..Jlm..rlllll.IIHI '~r ~I "L-L..1I" '-'11" ,I Mass Transit Authority requesting support of the ,city in ,the upcoming ele9tion and had been furnished ,three copies of the Authority's study. 10. PARKS AND ,RECREATION BOARD MINUTES' Minutes of the meeting of the Parks and Recreation Board on June 26, 1978, were presented to the Commission for their information. 11 LJ ll. ZONING AND PT.ANNTNf: r.OMMTSSTnN MTNTT'T'PC:: ", Minutes of the regular meeting of the Zoning and Planning Commission on July_ 11" 1978, were presented to the Commission for their information. 12. ZONINf: BOARD OF An.TTJSTMP~'J' ~TNTT'T'PS' ,Minutes of the regular meeting of the Zoning Board of Adjustment on July 19., 1978, -were presented to the Commission, for their information. 13. CITY COMMISSION MINUTES: Minutes of the regular meeting of the ,City Commis- sion on July 10, 1978, were presented for consideration and the following -action taken: Motion by-Commissioner-Parks, seconded by Commissioner Thomp- son, that minutes of the regular meeting of the City Commission on July 10, 1978, be approved, as corrected to show that Commissioner Greene r~ther than Commissioner Sellers seconded a motion to pay Don Tallant the sum of $7,335.51. , 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 8:45 p.m. , ~d4:--- , yor II ~J ATTEST: ~~' c>f~~jJ Assistant City Secretary u o o to ri W <:C <:( o m 35 SPEtIAL MEETING OF CITY COMMISSION July 27, 1978 The City Commission convened in special session at the City Hall on Monday, July 27, 1978, 7:30 p.m., with the following members present: Mayor Dunn, presiding; Commissioners Greene, Parks, Sellers and Thompson. The City Manager was also present., " Mayor Dunn announced that the purpose of the meeting was to hold a public hearing on the use of General Revenue Sharing funds for the year 1979. Motion by Commissioner Thompson, seconded by Commissioner Parks, that the public hearing was now open to consider use of General Revenue ~haring Funds for the fiscal year 1979. Voting Aye: All Voting No: NQne City Manager Jim Brown presented the following schedule indicating funds that were a~ticipated to be received and the planned use of such funds: GENERAL REVENUE SHARING PLANNED USE FOR 1979 ANTICIPATED AMOUNT: $ 45,000.00 Interest Earned 1,50Q.00 TOTAL ANTICIPATED AMOUNT $ 46,500.00 PROPOSED USE: 1. Service-To-Aging $ 23?500.00 $ 23,000.00 2. Second (2nd) Installment on Sanitary Landfill Equipment TOTAL PLANNED USE $ 46,500,00, NOTES: 1. The U. S. Treasury Department has advised the city that our anticipated allocation will be $45,000.00 for the Federal F.Y. 1979. This is a red~ction of $12,850.00 from curren~ year allo- cation of $57,850.00., Th~re ~s no explanation offered for re- 'ductions or increases, and apparently' no recourse should we feel the change unjustified. . . 2. A copy of the Service-to-Aging Budget is attached for your re- view. The "Plan A" is the Department Heads bare bones budget while "Plan B" is what the Department Head would like to have should funds be or become available. 'I"' ,~-..",' I',c" III fir-I I III ::1'!1I11.1,.~~'nl.r---" I~ -II....... 1 I 111 "'If' n1ll1nllllliDlIIIIIIll 'I nmrr : ..:..JJm[] ,I. UlllllllIIIIIIIlIIUIllID, ,JI.. , 'I II<'- '1 I I L ,:..~:!e :_ .I . ....JIIIIJ.. 11.111.111.., '---n=r~1 ~-l.:!I~. --TT"J The City Manager- explained to the Commission and those in attendance that the Plan A items in<iicated the Department Head's "bare bones"budget, while Plan B represented items that would be desirable if funds were available. Mr. Brown further explained that the salary increase proposed for the Department Head was in keeping with the Classification Plan, and inasmuch as the Assistant was not covered by the Classification Plan it was believed appropriate to approve a salary increase. It was further explained that the budget of ' the Service-to-Aging Department was neither being approved or disapproved. at:,tnis:time but presented to document use of Federal Revenue Sharing Funds. Motion by Commissioner' Parks that the City Commission adopt the City Manager's recommendation for the use, of Federal Revenue Sharing Funds in the 1979 'budget. Motion withdrawn by Commissioner Parks. ~ u o LD " W c:::c <C 0:1 11: fl U I' '-<tr-"~~1"'''''' , r 37 Mr. Bob Chamberlin, 3304 Sunset, advised the Commission that Plan B of the budget proposed by the Director of the Service~to-Aging included the sum of $20,000 to be set aside as a match for grap.t.f~ndsthat might become available for use in renovation of the Community Building as a permanent site for use by such depart- ment. Mr. Chamberline also explained that t~e request for an automobile for assign- ment to the Department was to provide transportation more suited to the needs of the elderly. ' , In response to a question by Mr. Prank Worley, 2735 Talbot, regarding the number of citizens served by the Service-to-Aging program, Mrs. Paxton advised that ap- proximately 150 unduplicatedpersons were served each month. Mrs. Paxton explained that the function of the Department was to recruit voll.mteers; supervise a train- ingprogram for the volunteers; coordinate 'senior citizen needs with available programs for assistance; 'coordination or the Mealsi te Program;' arid in general do whatever 'might b~ necessary in satiSfying nee~s of the city's senior citizens. Mr. 'Hal Biggers; 3617 'Albans Road, stated that if 80% of the budget for the Service- to-Aging was for the Director's salary it appeared that very little benefit goes to the citizens. Mayor Dunn advised Mr. Biggers that when created the Service-to- Aging was proposed as a service 'to 'the citizens in coordination 'of needs of the residents with available assistance programs. Mr. Brown explained that Federal Revenue Sharing Funds could be used for public safety, including law enforcement, fire protection and building code enforcement; environmentai protectlon, including sewage disposal, sanitation and pollution abate- ment; public transportation, including roads and streets;' health; recreation; , libraries, social services for the poor or aged;' and financial administration; and the purchase o~ capital equipment. Motion by 'Commissioner Thompson" seconded by Commissioner Greene, that the :public hearing be closed. Voting Aye: All' Voting No: None Motion by CommisslonerThompson; seconded by Commissioner 'Parks, that the special meeting of the City Commission adjourn into a workshop session to consider'the" 1979 budget proposals. Voting Aye: 'All Vot'ing No: None ~~~. Mayor ATTEST: As~~C~/ ,. I II I l r:-r-l, ""1"1 -----.lrL.l~1!Ll.L...ITJJlLr- . 'ir nlrnnmllilllllllllllilIl '1' "]mr I' -.11"- '. I ;1 U 11 , . IJ!lU] ,I.,_IIIIIIIIlIIDI!IICI"JI., 'I" IJ1Ji! ' I;, r--T~~_...,~-..l[ [_,..I .~ . ,,_.,--.-J11If'. a 11 II 'YCll -1~::!I-- T-llJJ ~-~ " '38 SPECIAL MEETING OF CITY "COMMISSION August 7, 1978 The City Commission convened in'spec-ial session at the City Hall on Monday, August 7, 1978, 7:30 p.m., with the following members present: Mayor Dunn, presiding; Commissioners Greene, Parks, Sellers and Thompson. The City Mana- ger was also present., The'City Attorney was absent. Mayor Dunn announced that the purpose of the meeting was tc5conduct a public' hearing regarding the, 1979 budget. Mayor Dunn stated that this was the first year a- public hearing had been held, this early in the budget processaIid'plans by the City Commission were to 'hold two public "hearings prior to 'adoption of the budget to provide citizens an opportunity to provide input regarding the budget and to see a budget that is not complete, thereby getting an idea of some of the decisions that must be made by the City Commission prior toado:ption of a budget. - Motion by,Commissioner Parks, seconded 'by Commissioner Thompson, that the public hearing was now open. Voting Aye:' All" Voting 'No: None Mayor Dunn'advised those'in attendance that they 'would be given all informa- tion available, at this time on the budget, subsequent to "which they would be given an opportunity to ask questions and make 'comments. Mayor Dunn requested that the City Secretary read the notice of public hear- ing which had been published 'in 'the Southwestern Argus on Wednesday, July 12, 1978. City Manager Jim Brown- advised that a copy of the complete balanced budget was in his office in event anyone wished to review the document, and that a condensed copy of anticipated revenues and expenditures was available for those who wished to have it. Mr. Brown noted that the total budget for the year 1979 was proposed at $3,768,870 as c'ompared" to the 1978 budget of $3,239,867. Mr. Brown noted' that no new programs were planned for 1979; no new services were to be added; and there were no drastic changes planned for budget line items. Included in the 1979 budget is the sum of $7,000 for minor remodeling of the City Hall; $5,500 for replacement of the guard rail on the second floor of the Library and truck replacements. Also included in the 1979 budget will be a fund for replacement of old water and sewer lines. Funds are included in the 1979 budget for the employment of an accountant in the Finance Department; an Assistant Building Inspector; an investigator for the Police Department; a part-time Humane Of Ticer; and another employee for the Wastewater Treatment Facility in order to eliminate payment of over- time in the operation of that Department. Mr. Brown reviewed the Municipal Court budget noting that revenues were anti- cipated as being approximately $40,000 higher than budgeted for 1978, but n ~ [l LJ n o LD ~ W <:( <( o o 39 also noted that expenses were larger because of additional personnel required to hear cases in compliance with the recently enacted Speedy Tri~~ Act. Those in attendance were advised that the tuition for recreation classes was more or less a pass through operation inasmuch as those taking the classes' pay the expense involved in such class. Mr. Brown reviewed the budget by funds noting that the General Fund proposed budget 'was $2,650,979;:HealthFund, $54,235; Colonial Park, $140,581; Water/ Sewer $708,000; Interest 'and Sinking 'Fund, $168,575 and Revenue Sharing, $46,500. , ' Mr. Brown advised that the entire new budget 'process had caused a strain on staff members accustomed to working with the old budget and that plans included a modernization of the entire city structure with standardized purchasing; inventory control and more production out of each dollar 'expended. Mayor Dunn expressed appreciation to Mr. Brown and his staff for work done on the budg~t' to this point and for going into a new budget process. Mr. Dunn then announced that the floor was open to anyone with 'questions they might have or comments they would like to make, noting that all input would be considered by the City Commission in its workshop session. Mr. Jim Skipton, 3502 RiCe Boulevard, stated that he would like to commend Mr. Brown on a very interesting budget' presentation and that 'he now had a 'bet- ter understanding of decisions that-had to be made by the Commission. Mr. Skipton asked the individual tax increase that would be experienced 'by the re-evaluation pr<;>gram and the current status of such program'- '. . Mr. Skipton was advised that the tax increase 'would be- approxiffiately30% and that letters were now being mailed advising individual property owners the results of the re~evaluation program with regard'to their property. Mr. Skipton also asked whether or not the City Commission had given consideration to increasing the exemption for Citizens over age 65. Mayor Dunn advised Mr'- Skipton that exemption for citizens 'over age 65 was one of the items that the City Commission had not reached a conclusion on. Mrs. Mary Ann Binig; 6634'Variderbilt, stated that she would like very much for the City Commission to consider taking the Service":to-Aging Department out of the Revenue Sharing Budget and make it a'regular General Fund item and consider using"Reventie Sharing'funds for a center for location of the Senior Center. Mrs. Binig was advised that there were no provisions in the current budget for employment of an accountant in the Finance Department. Mr. Hal Biggers, 3'617 Albans Road, asRed--if there were enough people using the swimming pool during the winter to justify the use of the inflated structure. Mayor Dunn responded that this was the first year the city had, a covered pool and it had been used extensively. Mrs. Margo Hellerman, 3905 Marlowe, asked why zero balances were shown in the 1978 budget and proposed 1979 budget. Mr. Brown advised Mrs. Hellerman that s~me decals and cat licenses were purchased, but the revenue was so small it was not considered for budget purposes. , '" 'lJI[1 I. ,aDIIIIDIlIIDlDUlJlD ]1. II Ill! I 1II1 ~'-----------L .~._-..lE_~..._,.l_ _ , '_,., ....:..J 'II~ ,I 1I i I Ii leT I-I -T'I--'f1 40 Mr. Joe 'Gilbert, 3618 University, advised the'Commission' that he started lap swimming at the pool in January and had thus far swam 113 miles and would like to invite everyone to use the swimming pool the year 'round. Mr. Dick Wilkins,' 3305 Amherst, wanted to encourage the Commission to keep the swimming pool covered in the winter so that the young people 'could partici- pate in a good healthy activity. Mr. George Faison, 3726 Nottingham, stated that he would like for the'Commission to consider carefully any increase in deductions for residents age 65 and older and that the need for an investigator in the Police Department would not be necessary if the residents would look out for each 'other. Mr. Skipton stated that at one time the city had an active Safety Committee to investigate employee accidents and that perhaps such Committee would assist ln' keeping costs for Workmen's Compensation from getting higher. Mrs. Binig asked if there would' be a percentage salary increase across the board for all city employees. Mr. Brown responded th~t the City Commission was im- plementing a'Classificationand Salary schedule whereby each Department would be allotted' so much for salary increases on a'merit plan by Steps within the schedule. Mr. Brown stated that there were 'between twenty and thirty employees who were being paid less than recommended in the Classification plan and also less than those in similar position in surrounding municipalities and that the budget inc1uded,salary increases to bring them in lirie with the schedule. , , Mr. George Faison stated that this'was a most unusual budget hearing inasmuch as he had heard nothing in reference to garbage collection or the sanitary landfill. Mayor Dunn advised that the Commission was evaluating a possibility of a transfer' station to save the city's laridfill site. In response to Mr; Faison's suggestion that those residents not participating in the recycling program be charged a fee" Mayor' Dunn stated that efforts were' being made to motivate and stimualte the recycling program. In response to a question from Mr. Bob'Chamerlin regarding items that were cut from the bu~getMr; BroWn stated that other departments had requested staff additions which were not deemed necessary; a mini-pumper, 1/2 ton van to be used as a back-up to the ambulance, IBM ehlctric typewriter and ice machine requested by'the Fire Department had been'deleted; a man-lift re- quested by the Engineering'Department 'had been deleted; and a request for the purchase of a'vehicle for transportation of senior citizens had been deleted. Mrs. Binig was advised that plans were being made for the re-striping of bicycle lanes in conjunction with the striping of Buffalo Speedway and other striping work. ' , Motion by Commissioner Thompson, seconded by Commissioner Parks, that the public hearing was closed. u o u n o 1.0 -n w <::( c::t D;i !I '" rm lEJ , , 41 Voting Aye: All Voting No: None With no further business to come before the Commission at this time, upon motion duly made, seconded and carr-led, the meeting adjourned at-g:45 p.m. ..44~ , ayor ' ATTEST: ",: ~~ Assistant City Secretary II, I, r-1 I 1";'1 It I' M I iwr- .., -" I 11"--' .... ! II ~ ! U I , . II ' . rr nlrnnlllllrnnlllllll,. 'I '1111rr' I I I, . ....;.IJ!I[JJ 42 I, IJIIIIJ1IIIIImlBDIIlID, ]1.. , lL. . Illli,J II' r-'---~"I, .ft,~:,!C. ~. .I ,. ,:+ -III; I a 1[1 II n=r ~l --r~ -1...11' "-TT"J . REGULAR MEETING OF CITY COMMISSION August 14, 1978 u The City Commission convened in August 14, 1978, 7:30 p.m., with presiding; Commissioners Greene, City Manager were also present. regular session at the City Hall on Monday, the following members present: Mayor Dunn, Parks and Sellers. The City Attorney and Commissioner Thompson was absent. 1. HEARING OF RESIDENTS: Mayor Dunn advised those in attendance that this meeting was not for the purpose of discussing the proposed 1979 budget or the tax re-evaluation program, and that a Public Hearing had been sche- duled for 7:30 p.m. on Thursday, August 17, 1978, for that purpose. Mrs. Ralph Bladwin, 3765 Arnold, requested that the oleanders planted on Poor Farm Ditch be trimmed to permit school children to walk on the grass. Mrs. Baldwin noted ,that now was a good time for the oleanders to be trimmed and that school would soon begin. Mr. Ralph Berry, 3766 Arnold, acknowledged that the Commission did not want to discuss the re-evaluation program, but requested that consideration be given to the over-all affect of such program on residents of the city. Mayor Dunn reminded Mr. Berry that all questions regarding the re-evaluation program and taxes would be considered at the Public Hearing to be held on Thursday evening. Mrs. Eleanor Walsh, 3802 Byron, was advised by Mayor Dunn that the 37% used as the ratio of assessment was the original estimate used as a basis to determine the amount of tax needed to satisfy budget requirements, but that it was not known at this time whether or not that will be the figure used. [ In response to a statement Py Mr~. Helen Lee, 5616 Buffalo Speedway, regard- ing an increase in insurance rates, Mayor Dunn advised that an increase in city taxes would in no way 'affect insurance costs. Mr. Williams, Case Street, was advised by Mayor Dunn that Houston Indepen- dent School District taxes and county taxes were made by a totally different body and had nothing to do with city taxes. Mr. W. E. Partridge, 4040 Ruskin, stated :that he thought the tax letter good, but had a complaint regarding the inequitablness reflected when his two-bedroom home was re-valued higher than an adjacent three-bedroom home. Mr. Partridge also continued his complaint regarding dogs running loose in his neighbor- hood. Mr. Partridge was advised that the Humane Officer was working early and late,shifts and that it was believed that improvements would be found in animal control. 2. ASSOCIATE MUNICIPAL COURT JUDGE: The Commission was advised that in accor- U. dance with the provisions of the City Charter it would be necessary to re- appoint Mr. Charles Orsburn in order for him to continue serving as an As- sociate Judge of the Municipal Court. o o LO ~ W <:( c:::( o o '43 Voting Aye: All Vot:ing No: None, " 3. DEPUTY MUNICIPAL COURT CLERK: Resolution Number 78:""22 was, presented to the Commission and react.. :Cp..'flill. , " WHEREAS", Ann, H!,!,tfield' employed as Police Dispatcher and appointed Deputy Clerk of the Municfpal Court of the City of West University Place, Te~as" ,has resigned her pos.ition, ,with the city; and , ' WHEREAS,' .Ida Mullens has been employed' as, Police Dispatcher, and is qualified to assu~e tl1e, d!lties,o.f Deputy Cle,rk of the Municipal Court. NOw', ',r1I'EREFORE, aE IT,RESPLVED BY THE, C;I:'rY,COMMISSION OF THE CITY OF WEST UNIvERSITY PLACE,' TEXAS: Sectionl. That Ida Mullens, be,c and, she,is hereby" appointed Deputy Clerk of the Municipal Court of the City of West University Place, Texas. Section 2. That the appointment of, Ida Mullens as Deputy Clerk of the Municipal Court of the city of West University place, l'exas, ,9hall be effective with the passage of this Resolution and that she shall assume the assigned duties of Deputy Clerk after having been administered the pro- per Oath of'Office. ,PASSED, AND APPROVED, this ,day, of , 1978. Motion by Commissioner Parks ,:seconde4 by, Commissioner, Greene', that Resolution Number 78:""22 be approved as read. Voting Aye: All Voting No: None 4. INSURANCE COMMITTEE: 5he ,Commissiop..was presen,~ed ,a letter dated July 26, 1978 rec~ived.from M;J;". Wynne L. Creelqnore subniitting his resign;:lt,ion as a member of the city's Insurance Committee. Motion by Commissioner Parks, seconded by Commissioner Greene, that Mr'. Creek- more's resignation aS,a member of tl1e, Insurance, Committee, be accepted with re- gret. Voting Aye:" All Voting No: None 5. COLONIAL PARK AIR STRUCTURE: ,City Eng:J.,neer, David Steitle reported ~o,the Com- missionthat<he and Bob Gurley, Acting Di:re~to;r 6f,the, Parks and Recreation Department had met with Bill Murrell of SyzygyHregard1ng their contract on the air structure for the swimming pool at Colonial Park. Mr. Steitle stated that a total of. $4, 740.00,J],al,been ,retain:ed on the contract to insure completion of the cont:ract, whent~e~s~ruc:t~r~ 1s erected, in October. Syzygy has requested that they be paid' a part' of the' ietainage, and Mr. Steitle advised,thatin his opinion the sum of,$2,550would he sufficient to employ another contractor for completion, of the project i,f necessary. ..tr- I:l:II%:llDmuJIIlIIIlIIIIIIIIIlII:I'l' [TIm!:! .... ..; ......JJIII.U '44 ,I, UIIIIIIUllIIIIIIUIUILJ, JI., 'I III'" I I L,_._."lL_._.1 ...._..J.iJlt..!hil.III.,,, ILl I L-J..J1 III .i. -.A~-"..-,!.....j.L.,_' Mr. Steitle also advised that the sum of $200.00 should be paid Syzygy for the installation of eight light hoods that were supplied, but ~ot in the n contract, and that the sum of $290.10 had b~e~ iJ;J.voicedby Rayko Construction Company for the installation of an electrical conduit" to the west emergency exit door to, the air structure whi~h WaS required for the air structure but not 'irtcluded on'the: plans prepared, by 'architect John Mitchell. City Manager Jim: Brownrecominended that"the report and re commen'd:a:t ion of David Steitle and Bob Gurley be accepted and that the City Commission authorize pay- 'ment to syzygy a maximum of $2,190.000E the retainage;, ,$200.00 for eight light hoods; and pay 'Rayko $290~10 for electric~l conduit. Motion by CornmissionerParksthat the entire reta~nage of 4,740.00 be held until 'the air structure has been repaired to the satisfaction of the City Com- mission. Motion died for lack of a second~ Motion by Commissioner Parks, seconded by Commissioner Sellers, that the city ,retain the sum of $4,740.00; pay $200.00 fqr the etght light hoods and forward , Rayko' s invoice in thE! ~mount' of.$290:.lQ- to Architeet: John Mitchell for his consideration. Voting Aye: Parks Greene "Yoting ,No: Sellers Dunn Motion by Commissioner Sellers, that the city pay Syzygy $2,190 of the retain- 0 age being held; $200 for the light hoods; and forwa~d Rayko's in~oice in the amount of $290.10 for installation of electrical conduit for the emergency door to John Mitchell. Motion died for lack of a second. Motion by Commissioner l'arks that this itetn be retuI"!led to, the City Commission agenda for reconsideration'at such titne as 'the air structure is reinflated. Motion died for lack of a second. The City Manager wag instructed to include this item on the agenda for the meeting of the City Commission on August 28th. 6. BUFFALO SPEEDWAY TRAFFIC SIGNAT.S: The Commission was advised that a letter had been r~ceivedfrom the Sta~e Department of Highways and Public Transpor- tation requesting that striping for the left-turn lane on Buffalo Speedway at Sunset be implement~d in ordeito comple,t:~ the contr;;lct for the signalization of Btiffali:> Spe'edway. The City Manager r~quested that consideration also be given to Item 7 on the Coinmission agendi;i. for~ the, purcllase of ce~amic lane markers at an approximate cost of $1,500 ~~~s~uch as tll~'markers were for use on Buffalo Speedway. u Traffic Engin~er~David. Steitle advised that the sensors for the left-turn lane would have to' be re-located in order to function properly; that he planned to restripe all of Buffalo Speedway; that restriping was required 45 n ,at the signalized intersectiollsin order to comple'te the contract with the State Department of Highways; and that he would present a report on striping all of Buffalo Speedway at a later date. Motion, by Commissioner P.arks., se'conded by Commissioner Greene:. that the City Manager be authorized, to -take necessary steps'andpurchase'the ,r,equired supplies to complete theproj~ct with the Highway Department, for the restriping of only the signalized intersections and not the complete restriping of Buffalo Speedway from Bellaite Boulevard to' B-issonnet:. " Voting Aye: All Voting No: None o U1 oM W <:C <( 8. HOUSTON LIGHTING & POWER COMPANY PROPOSED RATE INCREASE:', City Manager Jim Brown reported that a meeting was held on Friday, August 4, 1978, at the Bellaire City Hal:l,wi'threpresentatives of severar cities to' c'onsidera con- solidated effort with regard to a rate increase' requested by Houston Light- ing and Power Company. Mr. Don Butler, an attorney from Austin, will,heemployedto represent the interests'of the gro'up, with no city being obligated to 'spend more than 5<;: per capita based on 1970 population. A Steering Committee composed of the following persons was selected to direct the activities of the case: Louise Ware, Mayor, Bellaire, Chairman; Jim T. Brown, City Manager, West University Place; and John B~ Knox, Mayor, Missouri City. o Motion by Commissioner Parks, seconded' by Commissioner'Sellers, that the City Commission authorize the expenditure of 5<;: per capita maximum, to employ defense for the Houston Light & Power Company rate increase request. Voting Aye: All Voting No: None 9. LEGAL MATTERS: City Attorney David Allums stated that he was in agreement with the City Manager's recommendation that the city participate with other local cities in defense of the rate increase requested by HL&P. Mr. Allums advised that he had received a letter from Mr. Charles Easterling, City Atto.rney, City of Pasadena, in connection with a Motion for Summary Judg- ment filed by the Assistant Attorney General in the City of Katy vs Harris- Galveston Coastal Subsidence District suit. Mr. Allums indicated that he would comply with Mr. Easterling's request ,for the necessary affidavits and documents, but was of the opinion that further participation'in the suit would not be beneficial to the city's interest. 10. CITY MANAGER'S REPORT: The City Manager advised the Commission that informa- tion had previously been requested regarding the status of the Library book- lift and that all work has now been completed and the city has received an invoice in the amount of $7,500 for the installation. City Attorney David Allums advised that payment of the invoice should be included on the next regular City Commission agenda prior to payment. n The Commission was presented a letter dated August 4, 1978, received from Council person Mary Ann Haggenmaker of Nassau Bay as President of the Harris County Mayors' & Councilmen's Association,-requesting that the city become a Ll.L..-~..__D. L_ I _..J----.Ll. II I; fi I 1111 r . ,.,. -~- 1'-' "'-~---.l........-I rill 'I, '''If mlJlDIlIIIIIIIIIIIIIU"[ []II!] , .IJIIIl[] 46 .1,IJIIIIII:~DDIC!l. JI., 'I Ill" I --r-"TT-'~'__.:.::":.IC~..~.._.L .".: _.:JIlU.~.Hl.llI,JII.rol t:r:=1~1~r-IIJ------------rr' .,,-- .=.~ '~"'f>,j.~4l../....u.,. .'11' . .,~ participating member of the Associat'ion.,' It was the decision of the Commission ::~ ::~i:d:::e::::i:::s::o:~:a::~or to September 10, 1978, the Commission n would have to make 'a decision regarding repeal of the 1% city tax on residential U gas and electric hil'ls under' the provisions of the tax relief bill. Information obtaiiledfrom Entex,' Inc. indicated a revenue of approximately $11,194 received -from such coinpanyduring a', normal twelve month usage' period. The City Manage was requested to place discu.ssion of this matter on ,the 'City CO'mmission agenda for its meeting on August 28th. The Commission wet a workshop meeting on Wednesday, August 16, 1978, 7:00 a.m. ,to discuss the city's budget and re-evaluatidn program. Minutes ,of, meetings'.of the Electrical" Board -on Julyu3ls,t; Ambulance Advisory Board, on July 19th'and Parks and RecreatiouBoard on July-lath were presented to the Commission for their information. Minutesofthe~ regular meeting of the'City Commission on July 24th and special meetings 'on July 27th and August 7th were presented for consideration, aild the following action taken: Motion by Commissioner Sellers, seconded by Commissioner Parks, that minutes of the City Commission meetings on July 24th, July 27th and August 7th be approved- 'as subinitted:~ Voting Aye: All Voting N.o:' None With no further business to come before the Commission at this time, upon motion duly made, seconded'and carried, the meeting adjourned at 8:50'p.m. ~d~ , ,,' Mayor ATTEST: ~~" , , , , , ',""" ~CJ-/ Assistant City Secretary '-- u " ~"n' U [ o LO " W c:::( <t [J n l7 SPECIAL MEETING OF CITY COMMISSION August 17, 1978 , The City Commission convened in special session at the City lIallon Monday, August 17, 1978, 7:30 p.m., with the following ',members present: Mayor Dunn, presiding; Commissioners Greene, Parks,Sellers, and Thompson. The City Mana- ger ,and City Attorney were also present., Mayor Dunn announced to the audience of approximately 200 persons ,that the purpose of the meeting was to conduct a public hearing regarding the 1979 budget. Mayor Dunn stated that this was to be the last of three (3~ public hearings hetd for consideration of the budget, the first ,being a public hear- ing on July 27 for consideration of ,the use of :Reve~ueSharing Funds, and the second hearing on August 7 for consideration of the general city budget. Mr. Dunn introduced the following members 'of the city's staff available to participate in holding the public hearing: City Manager Jim Brown, Assistant City Manager Dick Rockenbaugh,Tax Assessor/Collector Robbie Barnett and City Secr~tary 'Lee Lockard; , Mr. Dunn advised that the plan for the meeting was to give residents an over- view of the budget and the City Manager an opportunity to explain budget in- creases; ,what' such increases amount" to ; where 'they come from; and then 'to per- mit those in attendance to ask questions. Mr. Dunn stated that the City Commission had adjusted the representative sales price included in letters to ,property owners as a result of the re-evaluation program, to ',what they:felt, t,o be _a-fair market ,value by reducing the, 40% such representative sales price, which will be the amount'shown on the ci~y-'s ,tax rolls. In developing the proposed budget for 1979 the ratio of assessment has been reduced from 89% in 1978 to 74% and the tax rate has been reduced from $1.46 to $1.42. Mr. Dunn further stated that included in the proposed budget was an increase in exemptions for those property owners age 65 and over from the current $3,000 to $6,000. Members of the audience complained of the lack of seating spaces for all those present and their inability to hear the speakers. Motion by Commissioner Parks, seconded by Commissioner Sellers, that the City Commission consider the material prepared for the public hearing and then meet again to consider the budget in the Community Building on Monday evening August 21, 1978, 7:30 p.m. Voting Aye: All Voting No: None Mayor Dunn repeatedly assured those present that forty (40%) percent of the valuations contained in letters they had received would be the valuation that would be reflected on the tax rolls. In response to a question regarding non-payme~t of taxes on a residence declared as a homestead, City Attorney David Allums advised that the Legislature had passed an Act for those over sixty-five (65) years of age permitting them to request the affected taxing authority to defer payment of taxes until their property is sold or the demise of the taxpayer. rL_ _ r. [-I I J:-J1 I I I '1It'- ,.. r ~ .Jr- . . -.. II . . Ir '~11L1lDEllmUllIlIEJ 'I' lnm[1 I I , 'Ill . ,1JmU.D '48 L .[]IIIIIIIIIlI!DlBDII!IICfi JI.... I]. . III. I ,.----r-nr'-,-------r. .:.~:,.!~_r_ .1_,. .,__.-:..J11U..,111 11 II.. ICr -I -I:"""':] 'r '~1l1 h ,!- , ,,~"^ ". , I City Manager Jim Brown reviewed projected revenue sources for all city funds and expenditures that were proposed by each of the city's departments. A concerted effort was made by Mr. Brown to separate those funds supported U'I;: 11 by tax revenue from those supp'ortedby .other ,revenues in an attempt to demon- strate to those 'present where their ad valorem tax funds were expended. Mr. Brown reviewed the following expense 'categories for each of the city's departments: Personal services; operational supplies; repairs and maintenance; outside services; other services & charges;' bonds; insurance and related; capital outlay; programpartic1pation;: recreation class expenses and anticipated trans- fers with a totai btidgetedamount of $3,649;51/.00. Following Mr. ,Brown's budget review, Mr. Kenneth Clarke, 3504 Plumb, stated that he ,attended a lot' of public 'budget meetings and that nothing had gone up to the extent that political budgets had and that it was his suggestion that the City Commission cut the overall budget by at least ten 'percent prior to consideration for adaopti6i1 on August 28th. Mr. O. C. Bartholomew, 3618 Coronodo Court, was advised that funds 'made avail- able from the sale of bonds in 1976 and not expended were invested in order to produce revenue. Motion by Commissioner Thompson, seconded by Commissioner Parks,thatthe Public Hearing be closed. Voting Aye: All Voting No: ,None Upon motion duly made, seCOi1ded~and'carried, the meeting adjourned at 11:35 p.m. 4. , , tft.,~ ',," , ',\ .;P~ , : Mayor, '" ' ' ATTEST: ~~~ Assistant City Secretary [] u n o II) " w c:::[ <t o n 49 SPECIAL MEETING OF CITY COMMISSION August 21,. 1978 The City Commission of the ci't.y of West Urtlversity Place conveIled in' special session at the C'6mmunity ,Bul.-ldihg, Monday, August 21, 1978, for the purpose of holding a Public Hearing concerning the adoption of the 1979 budget, with the following members present: Mayor Dunn, presiding; Commissioners Greene, 'Sellers and Thompson. . City Attorney David Alhims, City Manager Jim B~own, Assistant Clty Man:ager" Richard Rockenbaugharid City Treasurer Robbie Barnett were also present. ' Mayor Diinnstat~d,that: this meeting was called ill accordance with motion passed at Public Hearing on the propose~ budget on Thursday, August 17, 1978. He stated that the citizens in attendance were interested in the re-evaluation program'and'befoi-e the ,actual budget figures' were'p~eserited' he would coniinent on th~ program. He said the purpose of a re~evaluation is' to ensure uniform and equitable taxes between owners and ensure' equities on the basis of like' construction; ,that the city had almost reached the limits demanded by'the Charter insorar ~s ratio,and rates were concerned; that. after studying the. valuations placedoi:1:properties, it was the dec1sion'of the City' Commission to use 40% of the fair market value as the assessment value for 1978 taxes because for tax 'purposes the:v-altiation shown oriletters'mailedto dtizens represented ~n in- flated market. Mayor Durin reviewed ,the manner in which a property would be placed on the tax rolls. Commissioner Mike Parks arrived at the:meeting at this time. Mayor punn continued by' expi~ining that part of the tax burden was being shifted , , , from commercial properties' to residential properties because for many years the commercial properti~shadbeen on the tax rolls at a higher and more realistic valuat:i,on; 'and that residential properties had not been re-evaluated since be- tween: the years 'of 1966 and 1970~ 'He:also advised that two members of the Finance Department were in the loggia and would assist a~yonein calculating the amount of their taxes. He also a~vised that the Tax Board of Equalization would begin their meetings Thursday, August 24th, ~o hear those who believe their'properties have not been evaluated equitable. Those participating in the discussioriwith the City Commission concerning the re- evaluation included: Harry Getzman, 2617 Werlein; Reiger, 6516 Brompton; John James, 6110 Annapolis; Jessie Hickman, 3777 Arnold; Lexie Hazlett, 6420 Sewanee; Floyd Miller, 3500 block of Nottingham; Sam Freedman, 6348 Buffalo, Guy Woods, 3811 Northwestern; Dan Elliott, 4024 Lehigh; Kathleen Oliver, 2620 Pittsburg; Gene McFadden, 2634 Amherst; Himmell, 2718 Wroxton; Skinner, 3416 Tangley; Frank Schleicer, Fordham; Milton Morton, Jr., 3734 Tangley; Robertson, 3779 Georgetown; Charles MCMurray, 4245 Byron; L. B. Bricker, Sunset & Rutgers; Doris West, 6001 Lake; Kenneth Clark, 3504 Plumb. The citizens were concerned with the greatly increased valuation placed on their homes and the subsequent increase in property taxes and'demanded that the City Com- mission cut back the budget so that a tax increase would not be needed to support it. Discussions included employee salaries, new employees, increase in taxes in West University Place since 1970, non-growth within the city ,inequitable valua- tion of different size lots in same block, petition to'limit taXing authority of Commission, manner in which appraisals were made, Federal aid on Police Department items, Moody rating, compliance of budget documents with City Charter, lack of com- plete budget available for citizen study, comparison of city taxes with those of school district, volunteer citizen help, garbage collection expenses, chipper ex- penses, recr~ation and swimming pool revenues, and proposed new computer program. '~::II=".-r..u..:IlIDm1lllmElIJ 'I , on ...IJIIIUJJ .J, ,LJUIIlIIUIIlIU..uIElIDD . ]J.. '1. 111m Ii l I. I L , ,:':,1' '_ 1 _ ....J IIIL1A,,1 III 1I1.J" I 1__:[JI~"'--TrJ- 50 City Manager Jim Brown stated that the fo,rmal budget would be presented in its entirety at the regular meeting of the City Commission on Monday, August 28th, at which time it Ylould contain all.the do.cumentsrequired- byt.he Charter and, that I~l sheets ,pa,ssed, ,out to those in attendance were,extrac.tions, ,from"worksheets and I not'the complete budget. He prefaced his review of, ,the budget'itmes stating that the, purpose" of ,the;q.ew type' procedure, and mo'dified 'zero b'ased budget', as introduced L-J this' year had: as' 'i't~' goal cprFecti~Il -<?finequities,maintenance of serv.ices pro- vied and sound management of municipal government., ,Mr. Brown r~viewed each Depart- ment, projected revenues and projected expenses. He also explained there would be no "across the board" salary increases for 1979; that each employee would be , reviewed and: raises granted in accordance to. new job. classification schedule and would amount to approximatel~, ~% increase; that the 1 L 6% increase in saiaries qU9ted. in The' Houston Post was misleading, inasmuch a's that,figure included all b~nef;its, such., as: re'tiremeni:,' group, insurance,' sodar' , security' and workmen's com- i?ensat.ion::~insl,lranc~. : Thi~, reNiew,' ,would alsocompeIlsate: for inequities in salaries in accordance to requiremen;ts ,of.EEOC. . ptherincreases include,utilities; operational supplies;,c0st of chlorine. used at thew~ter plant, sewage..treat-: .JI1e!1t p:Lant, swimrning, pool;, repairs and.maintej1ance, of,equipmen:t;..and outside servifes. ::A ],.arge. portion of, these,,:increases ,are ,because o!-,inflation. . , , . T~e, ;~ol:Low~ng,.p~FsQns we!e Schleicher, Fordham; Hull, Marshall, 3805 Swarthmore; . . . . ,. , heard followi.ng the budget presenta1:ion: ,Bridgett 2631 Barbara Lane;. ,Tom ~~ard" 5919 Fordham; Bill Clinton, 3606 Rice Boulevard. ' All tho,se speaking stated, they di9-' not want a tax, increase , ther,efore, the City Commission should study the budget again and cut back as far as possible .: to, prepare a budget which can be met without. an increase., .They stated they 0 .,sCj.w no reCj.son for:::t!:1e~mploymenh:ofany new employees"the: purchase of a new ,computer system, new phone system, nor remodeiingof the, library. Other ser- vices such as garbage collection, chipper service, swimming pool operation, legal and engineering, fees should be studied for a~l possible. cuts. It was also suggested that permit fees be increased. ' The City'Commission scheduled a,workshop ~eeting for Thursday"August, 24, 1978, 7:00 p.m., Community Building, for study of the proposed budget. Upon rnotion;dulY1l1ade, seconded and carr;ied, the meeting adjourn~d at 12:15 a.m. .#d~ " M " ' " ayor ,,' , , ATTEST: , :,: ~@~", , , ,,~, , As istant Cit ?ecretary: , u n o LD ~ W <:( <( o n -'1 51 REGULAR MEETING OF CITY COMMISSION " , August 28, 1978 The City Commission convened in regular session at the Commun~ty Building on Monday, Augu~t 28, 1978~ 7:30 p'.-m~, with the following members present: Mayor Dunn, presiding; Commissioners Greeile, Parks, Sellers and Thompson. The City Attorney and City Manager were also present~ The Invocation was pronounced by Commissioner Thompson. 1. , , , FINAL PUBLIC HEARING FOR CONSIDERATioN OF'ADOPTION OF A BUDGET FOR THE FISCAL YEAR' 1979': - Motion-by Commissioner Thompson, seconded by Commissioner Greene, that the public hearing be opened for final consideration of: a budget for the fiscal year of 1979~ ' V<;>:t:tng Aye: All Voting No: None MayorD~nn advised the'large group in attendance that this was to be the final of several h,ear~ngs and:meetings relati~g to the 1979 budget fo~ the- City of West U~iversity Place to informcit:lzens about the budget and to obtain input in prepaJ:"ation of,the budget. Mayor Dunn stated that the primary purpose of the public hearing was to present the final budget beiIigconsidered for adoption and answe~ any, questions. ' ' Mayor Dunn then turned the meeting over to City Manager Jim Brown for presenta- tion of the budget. " , Mr. Brown' advised the City Commission and those in attendance as follows: The undersigned, Robbie R., Bar.n'ett, City Treasurer, aildJini T-. Brown, . City'Manager, present to~' you' balanced General' Gund, Health Fund and "'---Interest and Sinking FUnd Budgets: of '$2,772,029.00 revenues and $2,772,029.00 expenditures, based on a tax rate of $1.42 per $100.00 valuation at 70% of the established values. The revenues required for this budget are generated by $1,468,155'-.00 ad valorem tax collections and , . $ i, 303. 87 4~ 00- from' all other sources. ' The b~llanced 1979 Budget' calls for' a l4~5% increase in tax revenues over the 197?Budget. The Water/ Sewer Fund Budget, along with the General ~evenueSharing Budget, is inCluded as a part of this presen:tati(jn-~' ' " The'1979 Annual Budget format is unique' to West University place, but it represents a system adopt~d by a large numbe'i of ~un1.cipalities through- out the United States in recent years. The major difference in this system , ;is"that each department is req~ired to account for its expenses in total. , Our 1i:J.~Iiagemeri.t system requires inte,r-departmentalinvolvement of certain professional'pers6nneL Instead'of spreading their salaries throughout the entire, budget, the sal~ries are contained within the department and -the resp'ective department is 'Teimburs~d: by, th, e'user department. This func- -'tion, ~lotrg--with' many others proposed in this Budget, will assist the Ad- ministr'ati ve Staff in developing cost control centers for future financial planning endeavors. In order to operate under this Budget the Administrative Staff has commit- ted itself to the development of improved record keeping systems, personnel reviews, cost effective operations, cash man~gement programs, and a general re-organization of the internal operations. The end result of this commit- :' nl I I~ l'flll' U 111tr- "II nll11lnlllllml1lllln I' mrr"', 1".11'.'-'-'-, I I I' 'III ., .. ..IJIIIJ 52 I. ,I.lIIIIIIIIIIIIUIII!D1, 11.. .. 'I IIIR" ,1: I 1~...:,=..1['....l._:.,T"__~..--JIIIl,,ID:11111 -..-r-~r-Tl~T-fTl ~~ tment should allow the city to continue offering a constant level of services at a lower unit cost to our citizens. u - ~. '. . This . document is the end result,' of th1;ee public presentations where the general public, by official publication, was afforded the opportunity of participating in the budget making process. The, original presentation represented the Department Head's recommenda:'" tions and requests and subsequent Administrative,.Staff reductions. The final presentation represents a further reduction subsequent to ',citizens', input at the public-hearings. Through drastic re-organi- zation of one of the larger service departments, the abolition of four of the five new personnel slots, along with the increases in ,.inspection and recreation fees, the, tax related..revenues were lowered almost $200, OOObetween the second and third public presentations. The city can continue to offer the same'level of services throughtcthe 1979 fiscal year, but we must call on our residents to do their part. This budget includes the implementation of a salary classification ~plan in accordance with Feder~l Equal Opportunity Regulations based on non,-diseriminator~ equal pay for equal work provisions:., The full 'implementation of this plan will require the entire1979:budget year. The new system requires that all subsequ~?twage,and salary adjustments be' based on merit increases of-2~ percent..per:step in~teai:1 of the usual 5% to 7% "across the board" cost of living' adjustments. The 1979 Budget also moves the Service,-to-theAging from its executive function supported by General Revenue Sharing Funds to a-departmental 0 status. Like other basic service functions, the Service-to-the Aging 0peration becomes a tax supported function of- the city and will, be ,con- sidered and evaluated along with all departmental functions. This frees General Revenue Sharing Funds for, "one-time" expenditures required by the tax pupported departments. The Colonial Park Fund and the Recreation Department have,been consolidated to offer more' stringent monitoring and controls over the total recreation program.' , , - .. . - . While there are no major capital improvements projects, ,this Budget does : call for ',the purch~se of certain new equipment to replace deteriorated or inoperable stock. ,The budget', addresses, itself to the proposed electri- cal and gas ?tility rate increase~ and anticipated bulk chemical and motor fuel increases. Architectural and engineering studies of existing facili- ties and appropriate cost effective modification as well as a new and im- proved computer programming, for more efficient record storage, ,retrieval and monotoring are also' considered in this Budget. The over 65 exemption' has been .increased from $3,000 to $15,000 to accom- modate the senior citizens whose, fixed incomes have fallen s.bQ.~_.Qf..cthe inflationary rise in costs of, providing the necessary services by the city. We would like to reiterate that this balanced budget does offer a balanced level of. service and~i.t reflects',the, necess:aryrevenues and expenses to P-rloVide ,the services w.ed hf:liev:al, majoritYh of our~ad::paYhers, eXJ?e<;t. dIt u( ,l a so represents a soun 1nanC1a approac to prov1 lng t e ant1c1pate services and internal re-organization. w o LD oM W <:( <( o rn LJ '53 respectfully submitted for your consideration and subsequent approval is the 1979'Annual Budget for the City of West~UniversityPlace. Following the above presentation, Mr. Brown advised those in attendance that following the public he?-ring held by the CityCommissfon on M9J;lday, August 21st., the City Commission heid a workshop session during which time'"the exemption for those age 65 and 'over was increased from $3,000 to $6,000; building permit fees were authorized to be increased; as werefees,'fo'r electrical, plumbing and heat- ingand air-conditioning permits; and fe'es for use "of facilities at' the Colonial Park complex are to be increased. All proposed new employees were eliminated from the budget with exception of an additional building inspector';' re-organizing of the solid: wastec.ollection de- partment resulted in elimination of,sixemp1.oyees of -that department; and the Service-to-Aging program was brought into line with other city departments; re- sulting in a total cut in the proposed budget of $151,756. In response to Mayor Dunn's invitation to express themselves regarding the budget, the following had comments: Mr. John Burns, Mr. Oscar Sanchez, Mr. John Friedman, Mr. . Williams, Mr. Andy Moss, Mr. Blake Spear, Mr. James Skipton, Mr. George Faison, Mr. Joe Bracewell, Mr. Arnold Numbers, Mr. Harold Smith, Mr. Oscar Johnson, Mr. Leo West, Mr. Dave Justice"Mr. Jim ,Richards and others. Inrespon"se to questions' regarding the petition that ha'd been filed with the City Secretary; the group-was advised that the City Manager and City Secretary had the petition -fo'rverificaticiriof,.s-ignatures, andthat:the City Attorney would furnish the Commission with .an'opinioIi.'regarding'action that should be taken. In response to a request that backdoor garbage pickup be eliminated, Mayor Dunns'tated that the Commission had given consideration to ,such elimination, but wanted to maintain the service to keep garbage ~ans, trash,,~tc. off the streets. The group present indicated their agreement with Mayor DUJ;ln. Motion by Commissioner Thompson, seconded by Commissioner Sellers, that the public hearing be closed. Voting Aye:;-All Voting No : None 2. 1978 TAX RATE Ordinance NUmber 1119 was presented'to the Commission and read in full: - AN ORDUIANCE 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 1978; 'PROVIDING THE BASIS OF ASSESSMENT OF APPRAISED VALUE AND PROVIDING FOR-THE COLLECTION THEREOF AT THE RATE OF $1.42 ON THE ONE HUNDRED ($lOO.OO)ASSESSE?~ALUATION.' ,BE IT ORDAINED BY THE.CITY COMMISSION OF 'THE CITY OF WEST UNIVERSITY PLACE, .TEXAS: ' -, J... L--. [;-"1:--1 . , 1=r:L -. --,['_-'_' ________......IL..............l-_" ~lJI [1I.IIlT I L . .. Ir 'n;JIIilDmlllIIlIlIlDllllr)" I . 11 l.1,1 r ...1 _h ..IJlU 54 ,I, rnBIIIIIIIlIlIlRIJ[!11]J "lI.... I, ,111'1: [ , I ~ ,.....:,1[: ' , ,.I-., , ........J Iii .. I I I! U:::T~' T""':C'I -,rjJ ~ , Section' 1. 'That th,e,re ',is he:t;"eby levie'd and, assessed aga,install Taxabl~ proper'tY',..'both real and' personal, within th~ corporate limits of the City of West University Place, Texas, and there shall be collected by r-' , such city, 'a tax of $1.42 an the one-hundr~d ($-100.00) ,dollardassessed t tax valuation, for the year 1978; L-) Section 2. Such tax is'herepy levied and assessed in accordance, with the terms and proVision os Section 1 of Article XXI .of the City of West University Place City Charter and the applicable Statutes of the State of Texas, such levy and assessment is made for the fpllowing purposes to finance a certain portion of the 1979 budget, to-wit: (A) For the upkeep and maintenance of the Department 'of Health and Sanitation .04 (B) For current expenses and operation of the Gen- eral Fund and its various departments 1.22 (C) For Tax Revenue Sinking Fund to pay the principal, interest and fiscal agent's fees , on.' $1,600 ,000 bond issue of the city' .16 ,TOTAL TAX RATE $1.42 Section 3. That the Tax Assessor and Collector for the City of WestUhiversi'ty Place, Texas is hereby directed to assess and collect taxes on all the property, both real,and personal, within the corporate limits of :theCity of Wes~ University Place, Texas on the basis of 70% of appraised valuation as herein provided. il u PASSED AND APPROVED this day of , 1978. Motion by Commissioner Parks, seconded by Commissioner Thompson, that Ordinance Number 1119 be 'approved as read. Voting Aye: All Voting No: None 3. APPROVAL OF BUDGET FOR CITY OF WEST UNIVERSITY PLACE FOR FISCAL YEAR 1979: Ordinance Number 1120 was presented to the Commission and read in full: AN ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, PROVIDING FUNDS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1979 -AND 'ENDING' DECEMBER 31 , :1979, BY APPROVING THE BUDGET FOR SAID PERIOD AND APPROPRIATING THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES OF THE CITY OF WEST UNI- VERSITY PLACE FOR SAID'YEAR, FOR THE MAINTENANCE AND OPERA- TION OF THE VARIOUS DEPARTME~TSAND FOR VARIOUS ACTIVITIES AND, IMPROVEMENTS OF THE CITY WHEREAS, as required by the City Charter, the budget has been prepared ~) and submitted to the City Commission with estimates of expenditures and re- U1 ,venues of all city departments and activities f~r the year beginning Janu- ary 1, 1979 and ending December 31, 1979. '55 [ WHEREAS, notice of public hearings upon said budget has been duly and legally published; and WHEREAS, said three public hearings have been held and full and final consideration given said budget; and WHEREAS, citizen participation, input and suggestions regarding the budget were considered by the Ci~y Commission. NOW, THEREFORE, BE IT ORDAINED BY THE, CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: o LD oM W c:::( <:( Section 1. That for the purpose of providing the funds necessary and proposed to be expended in the budget forhsaidcity for the fiscal year beginning January 1, 1979 and ending December 31, 1979, the budget was pre- pared and submitted to the City Commission for its coniideration and approval, and that said budget in the total amount of 3,526,529 be, and the same is hereby, appropriated for the maintenance and operation of,' the various depart- ments of the government of the city and the various activities and improve- ments as set forth in said budget. o Section 2. That the said budget of the City of West University Place, Texas; for the fiscal year beginning January 1, 1979 arid ending December 31, 1979, an exact' copy of which is marked "Exhibit A" and made a part hereof for all purposes t.he same as if it were copied, in full hereing, is hereby approved and adopted by the City Commission of the City of West University Place, Texas, as the budget for the city fo~ the fiscal year 1979. Section 3. This ordinance approving and. adopting a: budget for the twelve month period hereinabove specified is made in all things in accordance with the terms and provisio~s of the City Charter of the City of West Univer- sity Place, Texas. ' Section 4. 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 , 1978 "EXHIBIT A" " CITY OF WEST UNIVERSITY PLACE BUDGET FOR TWELVE-MONTH PERIOD BEGINNING JANUARY 1, 1979 ENDING DECEMBER 31, 1979 ITEM' 1 I N COM E n ANTICIPATED INCOME & FUNDS AVAILABLE FOR APPROPRIATION . General Fund Taxes Licenses Permits Fines 1,541,483 6,400 56,200 100,000 ,I -'.I ..I:JII[] '56 1',lIIIIl1III1ImIIUllln:n, .j!, II ,11"1 II I I L :,::..IC ,_ I L: _,---IlIr, ! I I II 'Intere$t, ,Investments Rents Fees Services Inter-Fund Transfer (Water/Sewer Fund) Total Available for Appropriation - 1/1/79 , _ 1 'rotal Available,Revenue- General Fund H:e,al th Fu.nd' ,'l'axes, Licenses Miscellaneous Tqtal Available Revenue -'Health Fund Wate~/Sew~r Fund Water ,Sales Sewer Charges Interest & Miscellaneous Total Available Revenue - Water/Sewer Fund Revenue Sharing Fund Receipts and Interest Total Available Revenue - Revenue Sharing Fund Sinking Fund Taxes Total Available Revenue - Sinking Fund ITEM II E X PEN S E ' OPERATING AND CAPITAL EXPENSES General Fund Legislative/Policy Administrative/Executive , {Ci'--i"'::l.Jl "'11 -~-~ ,I 40,000 66,100 ,r-, 270,000 \ 178,700 i I c ~ $ 2,258,883 $ 114,174 190,000 $ 2,563,057 $ 37,097 2,100 1,200 $ 40,397 $ 430,000 269,000 8,000 I i J L...-.J $ 708,000 $ 46,500 $ 46,500 $ 168,575 $ 168,575 u $ 84,539 , 114,832 c o LD ~ W <C <:( o c Municipal Court "Finance Legal Zoning (Planning & Adjustment) Police Fire Inspection Eng:i.neering , : Street Sanitation (Collection) Sanitation (Sanitary Landfill) Community Facilities Parks 'Recreation Service-to-Aging Recycling Total General Fund Expenditure Health Fund Operating Expenses Total Health Fund Expenditure 'WaterlSew~r Fund Water Inter-Fund Transfer (General Fund) Sewer Sew9:ge Treatment Total Water/Sewer Fund Expenditure Revenue' Sharing Fund Apply on purchase of TD15B Tractor 4-Dr'Sedan '.1 _ ~otal Revenue Sharing Fund Expenditure Interest & Sinking Fund Principal & Interest Fiscal Agent's Fees 'TOTAL INCOME Total Interest & Sinking Fund Expenditure $ 3,526,529 TOTAL EXPENDITURE II r.-r~ , I.. II I R j' 'III r--"~" I:. --'--11 -, . , I i $ 3,526,529 1,1l11! ,- '57 45,141 , 233,487 20,175 3,980 430,943 402,220 , 74,705 33,006 , 235,885 353~383 41,450 146,108 , 51,073 235,294 20,740 16,096 $ 2,563,057 $ 40,397 $ '40,397 .. $ '38~,3Z0 114,174 87,632 117,874 $ 708,000 $ 39,000 7,500 $ 46,500 $ 167,975 600 $' 168,575 r I "1~ 'nilronmIUlIIIlDlllf' I r nar! " .. .',IJ!lD.] I, ..lIIIIIIIIIIIIIlUIfI['U, JI, 'I Jlll;1 II i.~-~l_,. ._-.Ie ',_..1 ., --.-1% II II . U::=C-I L-LJ ---1],1 -~ '58 Motio~ by Commissioner Thompson, seconded by Commissioner Sellers, that Ordi- nance Number 1120 be approved as read. ,,-,--- Voting Aye: All Voting, No: None ~ 4. HEARING OF RESIDENTS: Mayor Dunn advised the audience that this item was usually first on the City Commission agenda, but had been deferred in order to have the public hearing on the budget. Mr. Lloyd Flint, 3606 Rice Boulevard, suggested that a survey of some type be sent out in the next couple of months asking citiznes of, West University what they want from their elected officials. Mrs. Margo Hellerman, 2905 Marlow, asked that consideration be given to asking people not park their automobiles in the bicycle lanes after they have been remarked. Mr. Tom Browder, 6322 Buffalo Speedway, requested that consideration be given to putting meetings of the City Commission on Cable Television. 5. COLONIAL PARK AIR STRUCTURE: In accordance with action of the City COmmission on Monday, August 21, 1978, payment to Syzygy Constructs, Inc. for the air structure over the swimming pool was again considered. A recommendation from City, Engineer David Steitle lj'lfl" noting that $4,740.00 had been retained on the contract add that an appropriate portionpf such retainage had been requested by Syzygy was presented. Mr;:.Steitle's recommendation also included'payment to Syzygy the sum of $200 for installation of eight light hoods which were not included in the contract and payment "to ,Rayko.Construction Company: the sum of $290.'10 for .:installation ,of ,.electricalconduit..:to the 'emergency,:door :which was ,omitted from the ,plans by:.architect,JohiJ.~Mitchell. Motion by Commissioner Parks, seconded by Commissioner Thompson, that payment be made to Syzygy in the amount of $200.00 for installation of eight light hoods, and payment made to Rayko in the: amount of $290.10 for installation of electrical conduit to the emergency door, with the balance due being held until the air structure is reinflated and operated to the satisfaction of the City Commission Motion amended by Commissione~ Parks that payment in the amount of $290.00 to Rayko Construction Company be submitted to architect John Mitchell and Rayko Construction Company for arbitration. Voting on amendment. Voting Aye: All Voting No: None Voting on motion. j ) Voting Aye: All Voting No: None U n o 11) " W <:C <( o D 59 6. CITY SALES TAX ON RESIDENTIAL GAS AND ELECTRIC BILLS: It was the decision of the City Commission that city sales tax on residential gas and electric bills not :'berepealed at this time inasmuch as ,such funds were in<;ludedin the. 1979 budgeted amounts. 7. LEGAL MATTERS: City Attorriey David Allums advised those present who were interested,incpeti- tions that:liad ,been filed:'that: he had not had an opportunity to review such pe- titions in order to prepare a response and that it would be his suggestic;>ll that thepetitloni;ng:gr,()up f0'rtn'a committee;to .meet with:.himtoreviewprocedures:-to be followed'after he had responded to the City CommiSsion. 8. 'CITY MANAGERS REPORT:, City Manager Jim Brown advised the,~Commission that an invitation had been re- ceived to attend a meeting of the Sam Houston Water Utility Association on September 23rd~' 9. CONCERNS OF THE CITY COMMISSION: Commissioner Sellers requested that members' of the Commission,consider in a workshop session mechanic$, for utilization of colunteer citizens. ,. Commissioner Parks suggested that consideration be given to the appointment Of an Audit Committee to assist in the preparation of the 1980 city ,budget. Mayor Dunn advised those in attendancethatconsiderat,ion was being given 'to appointing a Committee to study the feasibility of creating a West Univer- sity Independent School District:., . l 10. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on August 14th and special meetin~gs"on Au!gust' 21st ,and ,August'" 27th; were presented f.orcbnsideration and the following action taken: Motion by Commissioner Parks, seconded byCo~ssioner Thompson, that minutes of City Commission meetings on August 14th, August 21st and Augu'st :Zithbeapproved',as ,subIDit,ted. Voting Aye: All Voting No: None With no 'furtlier business to' come, before the Commission at,' this time, upon motion duly made, seconded and carried, the meeting adjourned at 10:00 p.m. ATTEST: r{JfL/ ~ Assistant City Secretary .. "!' - ..Ji.d..~. ,', Mayor.', ' ..1_ Z" "ll\l'- , ~I""'. ~-:-._- , '-"l"1I.:uumrmm::IIIIII1~-~ --, -~.......:. ..:ImU. 'I I':". '__L..fIrnlDl1llllRlllUHl.., , ,., I... _.:.L-=:JJLb-,.,..I,I, .1, I ..! -"iTT7-,n 11111,1 ~~lil.llb~..&I..l!....:iJ! I "l.. , "I l~ , ., ; ~]lIlIUlIlMDil3l1l1i!UI5 60 REGULAR. MEETING OF CITY COMMISSION September 11, 1978 The City.Commission convened in regular session at the City 'Hall' on Monday,i September 11, 1978, 7:30 p.m., with the following members present: Mayor Dunn, presiding; Commissioners Greene, Sellers and Thompson. The City Attor- ney and City Manager were also present. Commissioner Parks was absent. 1. HEARING -OF" ,RESIDENTS: ' Mr. Seven Segal, 3901 Sunset, appeared before the Com:- ~..=- ~..::1his.sion::to':::Eequest::o:cQnsidera tidn~.b.f san:: amen dment ~:,tQ the Qrdinance. ,limiting height of, fences'to,six (6') feet~' Mr. Segal stated that his wife had beeIl' .. ,advised :that a permit'.c.ould not ,bec"isstied for"construction"Q~an ,eight~ (8') foot fence and he would like to offer ,an amendment that would provide for: the construction of an eight (8') foot fence with consent of adjacent property owners. Mr. Segal agreed to prepare an amending ordinance for consideration by the Commission. Commissioner. Sellers expressed appreciation for Mr. Segal's approach to the issue involving fence construction and suggested that this matter be considered by the Commission in a workshop session. .. In response to a question from Mr. Dave Justice, 3407 Sunset, regarding the status~of petitions, that, had been filed by residents, Mayor' Dunn advised that a response would be made by the City Commission at its" second meeting in Sep- tember and that the petitions were now being certified for valid signatures and an' opinion was expected from the'City Attorney. 2. APPOINTMENT OF DEPUTY MUNICIPAL COURT CLERK: Resolution Number 78-23 was pre- sentedto the'Commission andi:'ead: in full: WHEREAS, Ida Mullens employed as Police Dispatcher and appointed Deputy Clerk of the Municipal Court of the City of West University Place, Texas, has resigned per position with the city; and WHEREAS, Leah Lesser has'been employed as Police Dispatcher, and:ls, qualified to assume the 'duties of Deputy Cle,rk' of the Municipal , Court.' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Leah Lesser be, and she is hereby, appointed Deputy Clerk of, the Municipal Court 'of, ,the City of West University Place, Texas. Section 2. That the appointment of Leah Lesser as Deputy Clerk of the Municipal Court of the City of Wes~ flniversity Place, Texas, shall be effective with the passage of this Resolution and that she shall assume the assigned dutiep of Deputy Clerk after having been administered the proper Oath of Office. PASSED AND APPROVED this , 1978. day of Motion by Commissioner Thompson, seconded by Commissioner Sellers, that Resolu- tion 78-23 be approved as read. Voting Aye: All Voting No: None ~" ~.~ ~ o u o o o 61 3. DAUGHTERS ,OF THE AMERICAN REVOLUTION CONSTITUTION WEEK: In response to a request received' from the Lady Washington Chapter of the Daughters of the American Revolu- tion, Mayor Dunn presente'd" the' following -Proclamation: . ,;' WHEREAS, the Consitution of the United States of America gives us the foundation for a free, prosperous, and independent life for every citizen, but each generation, in time, must work for and claim it; other- wise, through carelessness or indifference, the rights and liberties we have enjoyed may vanish; and WHEREAS, it is of the greatest consequence that the citizens fully understand the provisions and principles contained in the Constitution of the United States of America in order to be able to support it properly as, "The ,greatest document for human liberty:in two ,thousand years of recorded history"; and ' WHEREAS, the people of the. United States ,should be deeply grateful to the Founding Fathers for the wisdom and foresight they displayed in writ- ing and adopting the Constitution; and WHEREAS, the independence granted to the American people to enjoy such f~eedom and liberty, unknown to any other country,' should be celebrated by appropriate ceremonies and activities during Constitution Week, 'Septem- ber 17 through 23, as designated by ,proclamation of the President of the United States ,in accordance with Public Law No. 915. '" :vested" in Texas, do as NOW, THEREFORE, I, Philip A. Dunn, by virtue of the authority meas:Mayor of the City of West University Place, in th~, State hereby proclaim the week of September 17 through September 23, of 1978, CONSTITUTION WEEK and llrge all citizens to study the Constitution, to express gratitude for the priv~lege of American citizenship in our Republic functioning under the superb boqy of laws - the Constitution of the United States of America. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of West University Place, Texas, to be affixed at West University this Eleventh Day of September, in the year of our Lord one thousand nine hundred and seventy-eight and the Independence of the United States of America, two hundred and two. 4. BOOKLIFT AT WEST UNIVERSITY LIBRARY: The Commission was advised that all work had been completed on the installation of the dumbwaiter at the Library, a certifi- cate of guarantee and maintenance received; and the contract price of $7,500 was now recommended for payment. Motion,b~ Connnissio~er Woodruff Company, Inc. at the Library~ Thompson, seconded by Commissioner Seilers, that W. E. be paid the sum of $7,500 for installation of a dumbwaiter Voting Aye: All Voting No: None it_~p..lren. i! ,r 11lm~_I;.~i!ia'J1 In-'? 'W-"(lt~t"'!""'iV<II!': 1!1 If' 'T" '"Ti" "1'1' "i[[m~UUIIIIIIIJ roo ~'_.- "'i"T'" , UlIil' -,.- '1 " , ~-=WIl._~L! ~.:~:_:_LfUIIIII1IIIIIlQ]IDl];" " Iii ,IIL...JJ, j ..1 'f' T ;..;J !-.1-,II-'""" l ,; I I-I 1; _"....,t1.w-~_!a:. 62 5. VOICE PAGERS AND WALKIE-TALKIE RADIOS: The Commission was advised that voice pagers and two, walkie-talkie radios authorized by the Commission on April 24th had been received and were now in service. Invoices from Motorola, ,Inc. in the amount of $2,174.00 were submitted for consideration. Motion by CQmmiss~oner Greene, seconded by Commissioner Thompson, that invoices received Jrom Motorola, Inc. in the amount of $2,174. 00 for delivery of voice pagers and walkie-talkie radaios be approved for payment. o voting Aye: All Vo.ting No: None 6. LEGAL MATTERS: ,City Attorney David ,Allums advised the Commission that he had no legal matters for discussion ~t this time. , , 7. CITY MANAGER'S:REPO~T; City Man~g~r Jim Brown advised the Commission that during a budget workshop session Mr. Frank Worley, 2735 Talbot, had offered to investi- gate possible funding sources for consideration of a solar energy installation at Colonial Park. Mr. Worley had advised that the University of Houston has re- ceived a grant to conduct a :feasibility study of such installation and would meet with staff personnel to discuss the 'proposal. Mr,. Brown pr:~sent~~ ,the Commissi<?n the following letters that had been received; Dear Mr. 'BroWn: No words could express my deep appreciation and praise for the firemen and policemen of West University Place. My heart is grateful one for their successful efforts in saving the life of my beloved daughter, Naylyn Durham, 0 thE7 early ',morning hou:r:f1 of Friday ,August 25, 197~., Without such efficient and timelyactio~ on the part 'of these dedicated men, I would have suffered an immeasureable loss of my most treasured earthly possession. The training and cooperative effort of these public servants were further displayed by the minor damage done to the house itself. We would have lost the house also,had they not put forth extra effort to extinguish it. I was amazed that this could be acco~plishedwithout the whole home receiving water ~ ,I " - damage. The neighbors, insurance companies involved, and other friends in Houston were so impressed that should any emergency occur in this area, there was assurance that we would immediately receive such assistance and protection. . ! " , The ,Hermann Hospital staff was also impressed that your wonderful firemen called '''after hours", your duty was completed when you saved my daughter and our home - but the nurses and doctors told us that there was a daily call to check the progress of my daughter. They too were impressed that we had such dedication in West University. Also, a special thank you to Ron Wheeler, ,Mike, LeGoudes, Wayne Perry and Mr. ,.Wilcher for coming back to the scene to express concern and aid us in our time of need. Also to James Ingram who expressed his blessing in seeing the life of a person saved a~dproud that he,hada part in it. I,am proud that each of these had a part in our blessing: Mr. Ben Wilcher, Mike LeGoudes, Steve Ralls, Ron,Wheeler, James Boyd, james Ingram, Randy Mattox, Alton Seward, Tim Gosnell, Curley Franks, J. D. Allstott,Wayne Perry,. Dean ,Cowger, Tommy Jones, Chuck Buschardt, and police officers Anderson and Ware. o My public appreciation to your men glvlng me the name of an interested neighbor, Mr. Robert LaCroix so that I could convey my appreciation for his taking time to care also. D o Lf) -ri W ad: <( o n 63 I am so proud that we have a home in West University - and so proud to tell others of our dedicated and efficient staff at City Hall - you are an example to other public servant as myself. Thank you again for caring.' May God bless each of you Nataline B. Curham A grateful mother "Sirs: This is'to thank the" outstanding fire' arid police departments of West' Uni ver- sity for the wonderful services pe:rformed on the night of August 24, 1978, when, hy your alert action, you saved the life bfNaylyn Durham and the house in which she lived on 3781 Georgetown. A grateful.' grandmother 'Mrs. W.' W. ,Brewton Jena, Louisiana Mayor Dunn requested that the'following letter also be reflected in the minutes of this meeting of the City Commission: Dear Mr. 'Dunn: I would like to take this opportunity to telL you of the fine work the West University'firemen, under the-leadership of Terry Stephenson, did'inadver- tising, organizing and carry out a blood drive on August 19 for the Voluntter Blood ,Donor Program of St. Luke's Episcopal HospitaL This is the fourth blood drive that the fire department has sponsored. It ,has beeh'anextreme' pleasure' for me to'meet and-work with these men. They'are so adept at their organization." Thier thoroughness makes the job that the Blood BaflKcomestodo verypleasarit and easy to accomplish. '-~. '. As a resident of West University I feel very fortunate to have this'caliber of" men as firemen for our city..', Hopefully bur city can ,make every effort to reward and keep them in our community. Ii amenclosirig a brochure' which explains the coverage that the ' donors are acquiring because of their donations. Martha Ward Volunteer Blood Donor Program St. Luke's Episcopal Hospital 8. CONCERNS OF THE CITY COMMISSION: In response to a question regarding complaints about the lack of a traffic signal at the intersection of Rice and Edloe, Com- missioner Greene was advised that there had been very few complaints since school had started and that it was believed that the traffic control was quite effective. Commissioner Thompson stated that as a result of so much rain the insect con- trol equipment should be in full operation. .' , '( I I'" ~ ~".'.. "I'; r ! I r" ,.,. ~-~-'l';~ '1':- ~ l1l"r '~'1tmD............-..., D-::1 Iii ...Ill:lIW.L . ._, __ !lIl1m I' 1_1__,I_IIIIIIIIIIIIIII'''I.llU.ll1..~ ,.,j.,lll~---!L-.~~_____.,~, "J I II /; I ,m ,;1 "lll<li~ ilillti.i.hiilllHl.lU~, l " I I .JlllIlliIilIlll,.'" ~~i\t....~ j, '64 Commissioner Sellers'requested that any'tnember of thE;! 'Commission having infor- mation for the City Currents please see that she received it. n Mayor Dunn requested the City Manager to get information regarding possible use of cable television for meetings of the City Commission. Mayor Dunn, advised that the final payment of $4,034.95 to Wolfenson Electric Company made the total-cost of the electrical control panel at the Milton Street water plant in excess of the $15,775 contract. It was exp~ained that the addi- tional $356.22 was for extra work authorized by former City Manager Whitt Johnson. Mayor Dunn ,request'edthat the City Manager provide information regarding the pro- cedure to be followed to begin a paving program with'bond fund,' stating that he had received a request for consideration of paving the 4200 block of Albans. Mayor Dunn requested that any member of the Commission wanting to submit the names of acandidate:Jor appointment as a member of the Metropolitan Transit Authority 8ubmit,a resume for consideration. Minutes of the regular meeting of the Zoning and Planning Commission on August 15, 1978, and the Zoning Board of Adjustment on August 16, 1978, were presented to the Commission for their information. Minutes of the regular meeting of the City Commission on August,l8, 1978, were pre- sented to the Commission and the following action taken: Motion by Commissioner Sellers; seconded 'by Commissioner Thompson, that,minl.ltesof the regular meeting of ,the City Commission' on August 28; 197.8, be,' approved as submitted. o : Voting Aye: All Voting No: None City Manager Jim Brown advised the Commission that he and Mayor Louise Ware, as members of the Steering Committee" had met'with representatives of the City of Houston on ,the proposed, rate increase requested by-Houston Lighting & P()wer Company and that a public hearing will be held before' the Public Utility Commission in Austin on Octo- ber 3rd and people of the various communities are being urged to attend. Mr. Brown 'advised: that the City Commission shbuldschedule a public hearing on September 20th whtchwould be recessed until the latter ,part of October or early November at which time professional advice would be'available. 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. .d':4 a ~- , Mayor ATTEST: n As~t K~ City Secretary o o LD ~ W <C <( o n '--~ _65 SPECIAL MEETING OF CITY COMMISSION September 20, 1978 The City Commission convened in special session at ,the City Hall on Wednesday, September 20, 1978, at 7:30 p.m. ,with-the following members present. Mayor Dunn, presiding, Commissioners Greene and . Thompson. ,', The .City ,Manager was also, pre- sent. Commissioners Parks and Sellers were absent, as was City Attorney David Allums. Mayor Dunn advised those in attendancethat,the purpose of the special'session was to hold a public hearing on the rate increase request filed by Houston Light- ing and Power Company with the Public Utility Commission. ,'. Motion by Commissioner Thompson, seconded 'by COmndssioner Greene, that the Public Hearing be opened to consider a rate increase request filed by the Houston Light- ing and Power Company. Voting Aye: , All Voting No: None The Commission was advised that data to.be pres~ntedat,the Public Hearing had not been received and it was believed that such data would be available by latter part of October of first of Novernber,at whic~.~ime the Public Hearing wo~ld be reconvened. Mr. ,LeRoy Gardner" District Manager, Houston Lighting & Power Company, stated that he w01,lld be available to answer any questions when ,they are ready. There was no one else in attendance wishing to speak. Motion by Commissioner Greene, seconded by Commissioner Thompson, that the Public Hearing be recessed until such time as data and' other" materiai" available for con- sideration by the City Commission. Voting Aye: All 'Voting.No:, None " , The Commission was advised that it would be necessary t<;> call a Public Hearing on a final recommendation of the Zoning and Planning Commission that anapplica- tion filed by Mr. J. P. Semmelrogge for rezoning Lot 1, Block 17, Colonial Ter- race Addition be denied. The City Manager was directed to contact members of the Zoning:and Planning Commission to determine'status of other zoning applica- tions such Commission might be considering and the time frame during which the Commission, should take action. With no further business to come before the Commission at this time, upon motion duly, made, seconded and carried, the meeting adjourned at 7:45 p.m. 4a-d:::. , Mayor ------- ATTEST: ~L ~J~ Assis ant City Secretary ..'''''''''.....''''''''"1' : 1 . 'I '1 I ,.. ".".,. ':=MliiII!IIII5I "'''''!IJl!IJ'Hflj ft'! II_ur'. -'~"-:-I~~!iii :--~I1IT""1I1lm~. ~-1 riI. JJlIltIIIIL-.:=-,-'~ ..~~~ 'n-rI'nl'f-' '''''':'''''1 1,;.,1 ,~_1 -~"lIWl~,.,,,,J..III. _..--lll" .1J~ ~ _ . "J'T -TI-r,i I 1!I,;,.JaJlLI.b1u...I~i.JAWk:; I ",..", ,I ). I ,]l~llif;m.;.:r.u;,-lt.- 66 REGULAR MEETING OF CITY COMMISSION September 25~ ~1978 The City Commission convened in regular session at the City Hall on Monday, September 25, 1978;. 7.:30 p.m., with the following members present: Mayor Dunn, presiding; Commissioners Greene~ 'Parks, Sellers and Thompson.' :The~ City Attorney was also present.' Assistant City Manager Dick Rockenbaugh ' presented the agenda in the absence of the City Manager who is ill. The Invocation was pronounced by Commissioner Parks. 1. HEARING .'OF ,RESIDENTS : Mi:". "Cliff' Potter, , 3622' Duke, : stated that, he had' three questions' for' the City Coinmission:" a) Has the 1977 Annual Report been: published? Mr. Potter was advised that 'such'report"has not been published. b) What is the status of the city with the Environmental Protection Agency as to the water and sewer systems? Mr. Potter,was advised that both were in good shape--and that an application had been filed with the Federal Government through the state for funds for the construction of a new wastewater: treatment plant. c) Is there any information available as'to:the'status of an application for a $50,000 grant from the Bureau of Outdoor Recr~ation for Independence Park and matching funds from the city? Mr. Potter was advised that the status would not be known until after the Bureau's October meeting and that it hadbeer('established that the city would not provide any matching funds and a private non-profit corporation had been organized to solic~t matching funds. . Mr. "C. R; Mattei~ 3523 Tangley, advised the Commission that according to the 'last issue of the CityCurrelits, the cost of operation of the'Municipal Court had increased 233% because of additional clerical help.,' It was explained to Nr, Matteith~t appointment of additional judges and prosecutors was required because of,the enactment of the Speedy Trial Act which became effective July 1, 1978; -that such positions were to assure that there were judges and prosecutors available when necessary; and that payment was made only when services were ren- dered. ' , ,In response to a question from Mr. Douglas Benson, 4150 Amherst, regarding 'notice of meetings. of the City Commission, Mayor Dunn stated that all regular meetings of the Commission are held in the City Hall Council Chamber and if a large attendance was expected and the meeting 'place changed, notices would be placed in the City Hall and staff personnel assigned to advise the public. 2. EETITTONS FlLEDRY RESIDENTS FOR A.~ROPOSED.....QRDINANCE AND CHARTER CHMtGE.l Mayor Dunn advised those in attendance that as had been previously agreed, the City Commission would respond to petitions that had been filed. Dear Mayor and,'coIll1I!-issiqners: On August 29, 1978, a proposed ordinance petition was submitted to me as City Secretary for verification of sufficiency of same as prescribed in the City Charter. t-i.-;J 1.-,."--~l lJ o o o o If) oM 1i.J <( <:( o n u ~~,..,...,.<' (-67 I am unable to certify the ordinance petition to the Commission for the following' reasons :' 1) Proposed ordinances by initiative making a ta~L~vy are speci- fically excepted by Article X, Section 1 of the City Charter. 2) The petition does not comply with the requirements as set forth in Article VIII, Section 2 and Section 3 of the City Charter. Pursuant to Article VIII, Section 4 of the City Charter, I am unable to notify the committee of the petitioners of my findings, since such com- mittee was not designated as prescribed by Section 2 of said Article. /s/,Lee,Lockard City Secretary Mayor Dunn then presented the following opinion from the City Attorney: Dear Mayor and Commissioners: After an extensive review of the "Ordinance Petition" filed with the City Secretary, it is my opinion that no action on such petition by the City Commission is required, for the' reasons set, forth below., 1. The City Secretary has not certified the sufficiency of said petition. 1'.\ 2. The Charter, Article: X, Section 1, specificially ex~epts presen- tation by initiative any ordinance making a tax ,levy. 3. Petitioners have failed to comply with the specific pro~edural requirements for presentation of,a valid petition as set forth , in Article VIII, Section 2, 3 and 4, which:must be'strictly con- strued~ 4. The case law authorities of the State have spoken to, this matter and have 'held that this subject: (tax levy) has been withdrawn from the power of the people under the initiative procedure con- tained in city charters. Therefore, unless the Commission' elects to present satdordianance for modification, then no further action is required by the Commission other than notifiying' the committee of petitioners, which committee was not designated as required, of'the Commission's final decision and the reasons therefor. I suggest that to comply with the notice to the committee of petitioners of the Commission's decision, that the decision be announced ,at the next Commission meeting and made part of the, minutes of said meeting. /s/ David G. Allums City Attorney Motion by Commissioner Parks that the City Commission accept the letter from the City Secretary and opinion of the City Attorney and that action be taken at' one' time on the entire matter. Motion died for lack of a second. ""'\!1Ill1jIlt!i~Kr' I I' . _.IIII_lfllllll.:nll' I j I; I--.In' ,~. r;~m- -'~llrT"'~'Im~_ r~~m' I I. llll.JlW.L__ '!'TIJI'TIlT' 1']"l~lilIllllrlll1 Ill' 1] ! ~, "J ~-'I' la I III 'l;jl,~JtJl Il'li!& II I l1if.'!BljlHtlMl,'I\!l;Th!l:'_ , '68 Motion by Commissioner Thompson, seconded by Commissioner Sellers, that the City Commission accept the recommendation of City Attorney Davld Allums and that no further action be taken on this petition. Voting Aye: All Voting No: None Mayor Dunn presented the following certifi'cation from the City Secretary: Dear Mayor and Commissioners: On August 29, 1978, a proposed-Charter change,petition was submitted to me as City Secretary, for verification:of sufficiency of same. I hereby certify that a sufficient number of qualified voters from the City of West University Place, Texas, signed said. petition. /s/ Lee Lockard City Secretary Mayor Dunn then_p~esented the following opinion from the City Attorney: After an extensive review of the "Charter Amendment PetitILon" filed with the City Secretary, it'is my' opinion thaL:the two proposed City Charter Amendments should be submitted to City voters as presented in the petitions. The question presented for your consideration is whether the citizens have the power to propose, through statutory authority, amendments to the City Charter. It is my opinion that the citizens do possess this right by ,petition, that the procedural requirements to accomplish this end have been satisfied and the two proposed amendments to the City Charter may properly be placed on a ballot for consideration by the City electorate. The election Code specifies available dates for such matters to be placed on a ballot. The earliest date availabe is January 20, 1979, followed by April 7, 1979. The only action required of the City Commission is to enact the ap- propriate ordinance placing said proposed amendments on the ballot pursuant to the procedure set forth' 'in the Election Code.- '/s/ David G.' Allums City Attorney Motion by Commissioner Parks, seconded by Commissioner Thompson, that the City Commission accept the recommendation of City Attorney and certification of the City Secretary: ' ' Voting Aye: All Voting No: None Resolution Number 78-24 was pr~sented to the Commission and read in full: WHEREAS, the Charter change petition was submitted to the City Secre- tary on or about August 29, 1978; and r'i' _~. . 1 n o n 69 D WHEREAS, the City Secretary has certified to the CityConimission that a sufficient number of qualified voters of the City of West University Place signed said petition; and WHEREAS,' the City Commission has considered the opinion of the City Attorney regarding the placement of said Charter change amendments for consideration by the city's electorate; and WHEREAS, the City Commission has adopted the recommendation of the City Attorney regarding said matter. o LD 'r'I W <:( c::::( NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST uNIVERSITY PLACE, TEXAS: Section 1. That the proposed Charter Amendment #1 as set forth,herein shall be placed on the election ballot at the next regular municipal election: o "AMENDMENT ONE: The City Council shall have power, and it is hereby authorized to levy annually for general purposes and for the purpose of paying the interest and providing the skinking fund on the outstand- ingbonded ,indebtedness of the City of West University Place, and for future bond issues as may be authqr:l.~ed, an,advalorem tax on all real, personal and mixed property within the territorial limits of said city, and upon all franchises granted by,tqe city to, any individuals or cor- poration, of not exceeding a total tax of 110% of the 1977 Ad Valorem .Property Tax, not exempt by 'the constitutuion and laws of the St.a,te of Texas, except that an additional tax, of not exceeding 10 cents on one hundred dollars.valuation maybe levied for maintenance of the depart- ment of Health and Sanitation as prescribed by Article XVIII, SectiGn 7, of said charter." Section 2. That the proposed Charter Amendment 112 as set forth here- in shall be placed on the election ' ballot at the next regular municipal election: "AMENDMENT TWQ:The City Council shall-not make, permit or approve any increase in ad valore1l1 taxes on any taxable I'TOperty by the City in anyone year exceeding ten per~ent (10%) of the City's immediate prior year's ad valorem tax, subje'ct,however, to the total tax lim- itation to this City Charter, and supjectto all taxable property. having been appraised at the 1977 market value." , , , , , _ Section 3. That said matters will be properly noticed as prescribed by the Election Code of the State ..of Texas, with the necessary ordinance placing .the, above amendments on, the ballot together with any other ma,tters the City CotIliIlission, deems app;t'opriate as. pres~ribed by the City Charter and the laws of"the State of Texas,., G day of , 1978. PASSED AND APPROVED this "~.,,,. " .I....r" !~~-t'~~- ~lll'l '~.tlr:rm.............-.-:-~-:1 rr: -................ _"...~._. ':'"""I"mI1'. l' _---------:_ :......J_~lIllll-JJI....., ,., Ill.. .m.~......lJ,. ".1 -T-"JT"'T""""""f"n-hl , ij..jh <lii,I,.,)); l', . .1., ,I 1 I, ] ; <'l.l....,jl;l.,' ;'9~I"'" '70 Motion by Commissioner Thompson, seconded by Commissioner Parks, that Re- . solution Number 78-24 be approved as read. In response regarding when an ordinance could be.passed setting the election date, City Attorney David Allums advised that the Election Code required that the ordinance be adopted not less than thirty (30) days prior to the election and that there m~y be otherm~tters,the Commission desires to put on the ballot in ~ddition the election of <l M~yor ~nd four Commissioners and that the earliest date for which an election could be calied would be January 20th in asmuch as the Election Code preempts provisions of the City Charter. [J Mr. Allums reviewed election date requirements for Mrs. Wm. A.Moore, Jr., 4226 University Boulevard, noting that only certain issued may be included on the ballot of an election held on the first Tuesday after the first Monday in November. .In response to a question by Mr.' Tom Browder, 6352 Buffalo Speedway, as to whether or not, there' was sufficient time for presentation of another ordinance petition, Mr. Allums advised that the City Charter does not permit tax levy by initiative. Mr. J. D. Woodson, 3825Tennyson,st;lted that he had lived in West University since 1947 and hoped to stayhere~ Mr~ Woodson advised the Commission that in his opinion the people were trying to tell the City Commission to do something to give residents some relief so they can live here the rest of their lives. Mrs. Robert Bunch" 4120 University, stated that residents wanted good Police [] and Fire service but were in favor of all the frills that were at Colonial Park. _ Mayor D~nnadvised Mrs. Richard Schultze, 4009 Milton, that tax statements would be mailed the first or second week of October. Voting Aye ,: All Voting No: None 3. SANITARY LANDFILL PERMIT: The Commission was advised that it would be necessary to employ an engineering firm to prepare a study of the sanitary landfill as re- quired by the Texas Department of Health priQr to the issuance of a permit for , operation or ~he landfill site. It was,noted that this was a requirement not previously necessary when permits for operation of the site was under the juris- diction of the Harris County Health Department. City Engineer David Steitle tvaE; instructed'to arrangeappointmerits with repre- sentatives of several engineering firms to be interviewed by the City Commis- sion a~ a workshop meeting on Monday, O~to~er 2, 1978. 4. ,SELECTION OF AUDITOR: A recommendation from City Treasurer Robbie Barnett was 'presented to the Commission that the. firm of Coopers and,Lybrand be employed to audit the city's books, records' andaccourtts for the year 1978. Mr. Barnett's recommendation noted that Coopers and Lybrand had performed the audit for the past two years in a very satisfactor manner. Motion by Commissioner Thompson, seconded by Commissioner Parks, that the City Commission accept the recommendation of the City Treasurer and the firm of Coopers and Lybrand be employed to audit the city's records, books and accounts for the fiscal year 1978. o Voting Aye: All Voting No: None n o LD rI W <t <:( o o t" 1,"~ r"",' ..j,~f;! ,,':71 5. REPARIS TO WAKEFOREST ELEVATED WATER RESERVOIR: The Commission was advised that emergency repairs had been necessary at the Wakeforest elevated water tower be- cause of the failure of a welded joint in the bottom of the tank causing water to leak out of the bottom. An invoice from Water Tank Service Company in the amount of $6,032.00 for repairs to the bottom of the tank, replacement of obstructional lights on the tank with new wires, and the installation of a new shoebox door on the roof of the tank as required by state regulations was presented for consideration. Motion by Commissioner Thompson, seconded by Commissioner Parks, that an invoice in the amount of $6,032.00 received from Water Tank Service Company be approved for payment. Voting Aye: All Voting No: None 6. LEGAL MATTERS: City Attorney David Allums stated that he had no legal matters to discuss with the City Commission at this time. 7. CITY MANAGER'S REPORT: Assistant City Manager Dick Rockenbaugh advised the Com- mission that the City Manager did not have a report and that he had nothing. 8. CONCERN'S OF THE CITY COMMISSION: Commissioner Mike Parks inquired as to whether there was any information available regarding fees at Colonial Park, and requested that such a report be an ongoing part of each meeting of the Commission. Commissioner Betty Sellers reported that she had received the agenda from the Houston-Galveston Area Council and that review of the city's Step II applica- tion for construction of a wastewater treatment plant was on such agenda. Mayor Dunn advised the Commission that there would be a meeting of the Mayors of small municipalities on Wednesday, September 27th for the selection of a member to the Metropolitan Transit Authority. A workshop meeting of the City Commission was scheduled for Thursday, Septem- ber 28th to interview pro~pects for a committee to study the feasibility of the creation of an independent school district. 9. ZONING & PLANNING COMMISSION MINUTES: Minutes of the regular meeting of the Zoning and Planning Commission on September 12, 1978, were presented to the Commission for their information. 10.' ZONING BOARD OF ADJUSTMENT MINUTES: Minutes of the regular meeting of the Zoning Board of Adjustment on September 20, 19}8, were presented to the Commis- sion for their information. 11. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on September 11, 1978 and a special meeting on September 20, 1978, were presented for consideration and the following action taken: Motion by Commissioner Thomp- son, seconded by Commissioner Parks, that minutes of meetings of the City Com- mission on September 11th and September 20th 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 8:35 p.m. -"<).i'H:!?-~~~I1.I;:It .. . :.~ 1 ! "I' .,. :[1'''' " TllllmlDlllllllllllllll I 'I -----:-!l .rE !1. 11'11,nT'~ II I 1'1 : I" ,_,_.,".;~..~::!!!rI:1I1: :-.L_ 72 -! IUIIIIIIlIIIImIIIDIJIlI.I. ,,1;1,..... ,I~, "T~lll"ll~ ,II ,lil..i..I'll" 1 1"..1 I;"" ">_,Jd'mfi'.'I'lt>"'f<;.'il:lI"ihl .;,'.1-1 ~- [j o Q [ o to " W <:C <t: o o , -'.".~N 73 ~4~ ,F ..' Mayor ATTEST: ~~~ Assistant City Secretary , , H~~:~,~,,:-.H6mr,~rr: . , :-'~:l r"\';' - l-""--I:i;:,F1,~:lr L.1li..~" ~. i~._I'" .'....'IT' .. :"T1lI1Jl:lImiiDlDIIDl1I11"1'--: :1 - d>O. - -.. :Jim . , JiIlI' I )[III111I111m111DlIlIlL.L.l ,. . , '-------=-l111:i: '" ,. ..J~1I1Ir III' ,,11...1 !"..l t~., ~ , .. ~~t~-:!M>fli;1,151ii4Ii 11; .~'.> ",,-~ '74 REGULAR MEETING OF CITY COMMISSION October 9, 1978 u The City Commission convened in regular session at the City Hall on Monday, October 9, 1978, 7:30 p.m., with the following members present: Mayor Dunn, presiding; Commissioners Greene, Parks and Sellers. The City Attorney and City Manager were also present. Commissioner Thompson was out of the city. The invocation was pronounced by Commissioner Sellers. 1. HEARING OF RESIDENTS: Mr. W. L. Partridge, 4040 Ruskin, asked the necessity of having additional judges and prosecutors, as well as deputy clerks, to serve the Municipal Court. Mayor Dunn advised Mr. Partridge that passage of the Speedy Trial Act by the State Legislature required that adequate personnel be available when necessary and that such personnel were paid only when they served. 2. MUNICIPAL COURT: The Commission was advised that in accordance with the provi- sions of the City Charter, it would be necessary to re-appoint Associate Judges and Prosecutors to serve the Municipal Court. Motion by Commissioner Parks, seconded by Commissioners Greene, that the follow- ing persons be re-appointed to serve the Municipal Court: Charles Orsburn - Associate Judge Michael Schneider - Associate Judge Terry Collins - Associate Judge Thomas Taylor - Associate Prosecutor Betsy Rice Coleman - Associate Prosecutor o Votinz Aye: All Voting No: None 3. DEPUTY MUNICIPAL COURT CLERKS: Resolution Number 78-25 was presented to the Commission and read in full: WHEREAS, Jeanne Higgins and Wade Keeney, employed as Police Disptachers and appointed Deputy Clerks of the Municipal Court of the City of West Uni- versity Place, Texas, have resigned their positions with the city; and WHEREAS, Elaine Schultz and Irene Musselwhite 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 PLACE, TEXAS: Section 1. That Elaine Schultz and Irene Musselwhite be, and they are hereby, appointed Deputy Clerks of the Municipal Court of the City of West University Place, Texas. Section 2. That the appointment of Elaine Schultz and Irene Mussel- U white as Deputy Clerks of the Municipal Court Qf the City of West 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 ad- ministered the proper Oath of Office. day of , 1978. PASSED AND APPROVED this o o Lf) " w <:( <( o D 75 Motion by Commissioner Sellers, seconded by Commissioner Parks, that Resolution Number 78-25 be approved as read. Voting Aye: Ali' Voting No:' None 4. HOMESTEAD EXEMPTION FOR PERSONS 65 YEARS OF AGE OR OLDER: Ordinance Number 1121 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 ADDING A SECTION TO BE NUMBERED 22-3; PROVIDING THAT IF THE TAX PAYER FILES A SOwRN APPLICATION WITH THE TAX ASSESSOR DURING THE TAX YEAR ESTABLISHING THAT HIS PROPERTY IS A RESIDENCE HOME- ' STEAD AND IS OWNED AND OCCUPIED BY PE:RSONS 65 YEARS OF' AGE AND OLDER THAT SIX THOUSAND DOLLARS ($6,000.00) OF THE ASSESSED VALUATION OF SUCH HOMESTEAD SHALL BE EXEMPT 'FROM TAXATION : AND PROVIDING AN EFFECTIVE DATE., BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section L That Section 22-3 of the Code of Ordinances' of the City 'of West University Place,: Texas is hereby amended so that hereafter said Section 22-3 shall read as follows: "Section 22-3: ,That if a tax payer files 'a sworn application for'h~mestead exemption'with the tax assessor at any time up to' and including the last day of December of a' tax year es,tab-' lishing that his property is a residence homestead owned and occupied by persons 65 years of age or older, six thousand dollars ($6,000.00) of the assessed value of such homestead shall be exempted frornad valorem taxes as assessed and levied for that year. Application forms may be furnished by the Tax: Assessor and Collector.'" Section 2. That 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 , 1978. day of Motion by Commissioner Parks, seconded by Commissioner Sellers, that Ordinance Number 1121 be approved as read.' Voting Aye: ' All Voting No: ' None 5. WATER DEPARTMENT BACKHOE: The Commission w'as advised that the traCtor/backhoe 'used by the Water/Sewer'and Street Departlilents was in very bad condition and that it wasunoperablethe majori'ty ,oft:ime, and that funds had been provided in the 1978 budget forptitchase ofa replacement unit. Permission was 'requested to advertise for bids for the purchase of a new tractor/backhoe. Voting Aye: All , 'Voting' No:' None 6. LEGAL SERVICES: The City Commission was presented an invoice in the amount of $5,960.00 submitted by City Attorney David Allums for legal services rendered ....., Ell' 1._I~I_1IIII!IBlnllillL1-,.. . .:....wL1...... ,.1' I~--T, rr~~ ,Jj,..l 'l:... _~:JU;U~~}.lJ!.ll~ '76 during the months of July, August and September. It was noted that a significant portion-of the fee was related toinitive petition and, change petition presented to the city by residents of the city. Motion by Commissioner Sellers, seconded by Commissioner Parks, ,that the City Commission approve for ,payrilent the invoice ,submitted by City Attorney David Allums in the amount of $5,960.00 for legal services rendered during the months of July, August,and September as a result of petitions submitted to the city by the tax protest group. Voting: Aye: All Voting No: None 7. LEGAL MATTERS: City Attorney David Allums advised the Commission that he, City Manager Jim 'Brown, Building Inspector Wayne Perry and Assistant Building Inspector Weldon Alley would be in court on Thursday, October 12th in regard to a ~uit that had been filed against the city. Mr. Allums advised the Commission that he would soon request permission to file suit in regard to some building code violations that he had been unable to resolve otherwise. 8. CITY MANAGER'S REPORT: City Manager Jim Borwn presented the2Commission an invoice in the amount of $620.75 received from Alpha Machine Company for emergency repairs required on one of the pumps used at the waste- water plant. Motion by COIllll).issioner Sellers, seconded by Commissioner Greene, that the City Commission authorize the expenditure of $620.75 for emergency repairs to one of the pumps at the w.astewater treatment plant. Voting Aye: All Voting No: None The City Manager advised that testimony is now b~ing heard in Austin on the request of Houston Lighting and Power Company by the Public Utility Commission for a rate increase and would probably continue for another week or so before the City of Houston and consortium presented their inforination. Mr. Brown explained that Southwestern Bell Telephone Company had included a charge for its franchise tax on the bills that had just been distributed, but that it was believed that a suit would be forthcoming on the issue. 9. CONCERNS OF THE CITY COMMISSION: Commissioner Mike Parks was advised that the Houston-Galveston Area Council had approved the city's Step II appli- cation for fundingo.f a new wastewater treatment facility. City Manager Jim Brown was authorized by the City Commission to seek counsel of the city's fiscal agent regarding the affect passage of the two Charter change amendments might have on the city's ability to sell bonds for funding of ,its portion'of the cost of the new wastewater treatment facility. Commissioner Parks submitted that the next issue of the City Current should include an"article regarding the increase in fees charged for use of the facilities at Colonial Park in order to make the facility self-supporting. r ,.-,<,., . ;J~-,~ n o u n o to " W c::c <( o n t. ',77 Commissioner Greene was advised that tax statements should be mailed during the later part of October, the delay being a result of hearings by the Tax Board of Equalization on commercial property. In response to a question from Commissioner Sellers regarding enforcement of the Zoning Ordinance with''tegard to garage apartments,' it was the recommenda- tion of the City Attorney and decision of the City Commission' to discuss this matter during a workshop session. Commissioner Sellers advised that consideration had been given to publication of three separate issues of the City Currents each month, in order to provide public distribution of information on a more current basis. 'This item will be discussed by the City Commission at a workshop meeting with costs estimates for publication of the City Currents. 10. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on Monday, September 25, 1978~ were presented and the following action taken: Motion by Commissioner Sellers, seconded by Commissioner Parks, that minutes of the regularpmeeting of the City Commission onSeptember2.?, 1978, 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 8:25 p.m. 4<<~- , Mayor ATTEST: ~~b Assistant City ecretary il- 1IIIlt,m.-..r<JlL"l.b!,'r- , rmr.--":' , -"'] t"l l~.' ,rijj-""] II II! I" '''I'' , TIIIlmOlilllDrllllilll" """"fl Jl!!Elll _.L...._ 1._ltll"'!IIIII!IDlnl!ll1 J :. . . ,.loll. ..r~ 1\ 111 I" ,,' I. \ .1....1 l:.~..:.... ~ ~1i$.~4~JltM:i "78 REGULAR MEETING OF CITY COMMISSION October 23, 1978 The City Commission convened in regular session at the City Hall on Monday, October 23, 1978, 7:30 p.m. with the following members present: 'Mayor Dunn, ,presiding; Commissioners Greene, Parks and: Sellers. The City Attorney and City Manager were also present. Commissioner Thompson:was ill. The Invocation was pronounced by Mayor Dunn. 1. HEARING OFRESTDENTS: Mr.' Douglas 'Benscm, 4150 Amherst, .-appeared before the Commission to voice a complaint regarding dogs running loo$e w~thin the city. ML Benson stated that one dog, in particular had'been rUJ;ming loose in his neighborhood since February and had a litter of pups under the house next door. Mr.W. L~:Parttidge,'4@40 Ruskin, advised,that dogs were still running loose in his neighborhood and 'even those on a lease mess up lawns and parking lots. Mr. Partridge also commended the City Commission on their practice9f opening each meeting with an Invocation. 2. TRAFFIC ON BELMONT STREET: Mr. Howard Marshall, 2931Amherst Street, appeared before the Commission to express his concern with heavy traffic on Belmont Street. ,,' Mr.' Marshall, stated that at his prior appearanc:::e' before the. ,Coriunission during the summer he had been advised that a traffic survey Of the area had indicated that most of the traffic was generated by residents of West Univer- sity. Mr. Marshall advised that he was not requesting a comprehensive traffic study, but was of the opinion that the Commission should authorize Traffic Engineer, David Steitle to make a more detailed study of Belmont Street. Mr. Marshall further advised that he desired to make the Commission aware of: a) That traffic on Belmont Street has increased since the previous traffic study was prepared, especially since the beginning of the school year. b) That the previously reported 90% of the traffic on Belmont was residents of the city was no longer valid. c) There is a substantial amount of speeding on Belmont Street, not especially during rush hours, but more so on week-ends. It was Mr. Marshall's recom- mendation that it would be well to have better enforcement by the Police' Department. Mayor Dunn suggested that traffic again be studied on Brompton, Belmont, Pitts- burg and Vanderbilt area from Bellaire Boulevard to Bissonnet and that the Chief of Police be requested to have his Department given concentrated efforts in such area. 3. TEXAS TRAFFIC SAFETY PROGRAM CONTRACT: The Commission was presented a contract extending the city's present contract with the State Department of Highways and Public Transportation for its sign replacement program. Motion by Commisioner Sellers, seconded by Commissioner Parks, that the City Commission approve a contract with the State Department of Highways and Public Transportation to extend its present contract for a sign replacement program. Voting Aye: All Voting No: None ~'>~.r;' ,~.,.: _J u o u n o U1 " W c::( <t o o ~' 79 Traffic~ngineer David Steitle'was ,requested to present the City Commission a repOrt on his traffic study at its pecember 11th meeting. 4. APPLICATION FOR GRANT ASSISTANCE FOR PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR NEW WASTEWATER TREATMENT FACILITY: Resolution Number 78-26 was presented to the Commission and r~ad in full: WHEREAS, the City of West University Place, Texas deems it necessary and proper ,to apply :for Federal grant assistance under the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, and the rules and regulations pursuantthe:r:eto: NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF WEST UNIVERSITY PLACE, TEXAS: That Jim T. Brown, City Manager"as the Signatory Agent oJ the Applicant, or the successor of said Age~t, is hereby authorized and directed to make' aPi:>lication for grant ,assistance under Public Law 92-500 and the rules 'and r~gula:tions pursuant thereto, specifically 40-CFR 30.315.1(1975); and to sign the acceptance of the grant assistance when made, and any other documents_required to complete the proj ect, on behalf of the above ~allled' Applicant., PASSED AND APPROVED this 21rcl day of O"Tohpr 1 978 . , Motion by Commissioner Sellers, seconded by Commissioner Parks"that Resolution Number 78-26 be approved as read. Voting Aye: All Votirig No: ' None City Manager Jim Brown advised the Commission that passage of Resolution Number 78-26 completed all documents required for submission to the Environmental Pro- tection Agen.cy in connection with the, city's Step II application which, covers the preparation of plans, and specifications, for the cons~ruction of a new waste- water treatment facility. Subsequent to approval of the Step II application, the city will be required to make arrangements for locaL funding. 5. DESIGNATION OF FINANCIAL, AGENT FOR EXECUTION OF REQUIRED DOCUMENTS FOR APPLICA- TION FOR ~RANT ASSISTANCE: ,Subsequent to this item being placed on the agenda , it was determined that the ,City Treasurer could execute the necessary documents for grant assistance and this item was not considered, by the Commission. 6. MUNICIPAL COURT CLERK: Resolution Number 78-27 was presented to the Commission and read in full: WHEREAS~ Leah Lesser, an employee of the, City of West Uniy~isity Place, Texas; was appointed Deputy Clerk of the Municipal Court of the City of West University Place, Texas on September 11, 1978; and WHEREAS, Lesser has now married Andrew T~Walters, and, therefore, her legalnaIile is now Mrs. Leah Walters. NOW, THEREFORE, BE IT RESOLVED ~Y THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY, PLACE, TEXAS: Section 1. That Mrs. Leah Walters is hereby appointed Deputy Clerk of the Municipal Court of the City of West U~iversity Place, Texas. ~, ,~.._ I " ~_~ r- ~ '.I: "1 I.... II . "I.U::l3.mlllGllUIIIml-.:III:I:C . .. "1 ,t::IIZIL.. .._ .::III[::!' 1. _,r,.~lIIInm:lllmlIl..,.lI;,1 I I., Il~'l I-'-'~~. ,. ,--.:I1I1f 3lI II 111 11r}" ., I I~~ 80 Section 2. of Deputy Clerk Place, Texas as of Office. That Mrs. Leah Walters shall perform any and all duties of the Municipal Court of the City of West University required after having been administered the p+Q~~r Oath <;~~k~,L:,; ~': n Section 3. 'This Resolution shall become effective upon passage and approval. PASSED AND APPROVED this 71rn nRY of October , 1978. Motion by Commissioner Parks, seconded by Commissioner Greene, that Resolution Number 78-27 be approved as read. Voting Aye: All Voting No: None 7. SELECTION OF CONSULTANT FOR SANITARY LANDFTT,T. STIllY' The Commission was advised that an engine~ring report was requi~ed by regulations of tpeTexas, Department of Health prior to issuance of a permit for future operation of the sanitary landfill site. It was noted that City Engineer David Steitle had recommended the employment of Neal Engineering, Inc. to prepare'the required engineering report and that National Soil Services be employed for the cor~ samples also required. It was further the recommendation of Mr. Steitle that each firm enter into separate contracts with,the city rather than entering into a joint contract. Motion by Commissioner Parks, seconded by Commiss,:!.oner Greene, that the City Commission accept the recommendation of the City Engineer for the employment of Neal Engineering, Inc. and National Soil Services. o Voting Aye: All Voting No: None 8. PROPOSED CONTRACT FOR ENGINEERING SERVICES FOR DRTT.T.TNG WATF.R T.JRT.T.' The Commission was prese~ted a proppsed contract with Lankford Engineering Company for engineering_ services to be performed in the drilling of water well no. 7, with related lines, storage :facilities, etc. It was noted that ,Mr. Lankford, has agreed on'the basis of cost plus 2.10 for drilling of the well and cost plus 2.30 for design of the water line and related services. City M:anager Jim BroWp advised the Commission, that, final designation of a site for the well will be made within,the next ;few days and that it would require ap- proximately 90 days for Mr. Lankford to complete bidding documents at which time a request will be presented to advertise for bids on the project. Motion by Commissioner Parks, seconded by Mr. Greene, that Mayor Dunn be authorized to exe,cute a contract, with Lankford Engineering Company for preparation of plans, specifications and bidding documents for drilling of a new water well. Voting Aye: All Voting No: None 9. LEGAL MATTERS: City Attorney David Allums a4vised the Commission ~hat Mr. Paul U McDonald, 5426 Buffalo Speedway, had filed suit against the city requesting the , court to declare the city's zoning ordinance unconstitutional. 'Mr. Allums noted that the suit was a result of a request by Mr. McDonald ,to the Zoning Board of Adjustment for a various to the requirement that a garage or carport be at least ten feet from the side property line which had been denied. Mr. Allums also advised that a hearing had been held on the Gouge case of which n o LO ~ W <( c:c o lJ "'81 '- ' . he has not notified and the Judge had vacated his order in the case and another hearing would be scheduled soon. Motion by Commissioner Parks, seconded by Commissioner Sellers, that the City Attorney and Building Inspector proceed in the normal course necessary to enforce the zoning ordinance' of the City of West University Plac.e"'fn reference to the suite filed by Mr. Paul McDonald, including filing of a counter-suit if neces- sary . Voting Aye: All Voting No: None 10. CITY MANAGER'S REPORT: City Manager Jim Brown presented the following report from the Parks and Recreation Board: Attached you will find a list of expenditures and deposits for Splash Bash, 1978. A check for $2,378.03 was presented to the City Manager today. The Labor Day Celebration made a profit of $1,378.03. The Parks and Recreation Board voted to request that this money be designated to purchase pool furniture at Colonial Park. "Motion by Commissioner Parks, seconded by Commissioner' Sellers', ,that' :inoney,cearned from the 1978 Splash Bash program be expended in accordance with the recommenda- ofthe:~'City Manager and Parks and Recreation Board under normal bidding- con- ditions. Voting Aye: All Voting No: None The Commission was presented a letter from the Steering Committee for the HL&P rate case reporting the current status of the case notiug that the City Commission should make planst,o hold the necessary public hearing no later than the week of November 6th. It was the decision of the City Commission to re-convene the public hearing to consider the request of Houston Lighting & Power Company for a rate increase on Thursday, November 2, 1978, 7:00 p.m. 11. CONCERNS OF THE CITY COMMISSION: Commissioner Parks requested that a letter be addressed to Rayko Construction Company setting forth results of an inspec- tion made of the handball courts at Colonial Park. Mr. Parks again requested that he be furnised a fee schedule showing anticipated revenues necessary in order to make the facility self-supporting. Commissioner Sellers advised that she had received numerous complaints re- garding noise, litter and traffic generated by the operation ofa "Spook House" at Bissonnet and Mercer by the March of Dimes. Commissioner Sellers also requested that consideration be given to a request regarding west bound traffic at Sunset where it crosses Kirby in view of the change of school hours. 12. MINUTES: Minutes of the regular meeting of the Electrical Board on October 16, 1978, were presented to the Commission for their information. Minutes of the regular meeting of the Zoning and Planning Commission on October Ill. l-r-t] ,,' '., ,]ur' 1 I TillllBlllllillll.JIIJii'" "11 11111 I ~ 111 r I I "III "DIIlDI ..!, ,mlllllIIIDlUIJ[!IJL IT ,I I I ' Iii I 1.111 I .1 1 L .~,~",,!~:,.I-. '__ ~...J:lIt..lJ':.Ii.llll.J",_ Tr-r~' - [j~r -'TlJ .;",.I~ . .~_ ~~' '... 'v.~~ I ,.,-~ 82 Minutes of the regular meeting of the City Commission ,on October 9, 1978, were presented for consideration and the-following action taken: Motion by Commissioner Sellers, seconded by Commissioner Greene, that minutes of the U regular meeting of the City Commission on October 9, 1978, 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 9:05p.m~ ~d~~ ... .. ,. ' ,Mayor " ' , .' , ATTEST: ~.... . d!kJ~ A .' t' t "Ct ,- S; t ' , Ss'lS an ',: ]. y ecre ary, ./ lJ u u o LD '\-I W <t: <( o n '83 RECESSED MEETING:OFCITY COMMISSION November 2, 1978 The City Commission convened in recessed session at the City Hall on Thursday, November 2, 1978, 7:00 p.m., with the following members present: Mayor Dunn, presiding; Commissioners Greene, Parks, Sellers and Thompson. The City Manager was also present. Mayor Dunn advised that the purpose of the meeting was to re-convene a public hearing on ,the rate increase request filed by Houston Lighting and Power Company with the Public Utility Company which had been recessed on September 20, 1978. Motion,by Commissioner Thompson, seconded by Commissioner Parks, that the Public Hearing be re-opened to consider a rate increase request filed by the Houston Lighting and Power Company Voting Aye: All Voting No: None City Manager Jim Brown advised the Commission that both Houston Lighting and Power Company and the city felt that a recess would be more advantageous than to take any official action on the matter at this time. Mr. Brown stated that the recent surprise move by the City of Houston may have some far reaching-impaet'on what the cities participating in the consortium might adopt as an approved rate increase. Motion by Commissioner Thompson, seconded by. Commissioner Parks, that the public hearing be recessed and that ,it would be re-scheduled at the regular meeting of the City Commission on November 13, 1978., Voting Aye: All Voting 'No: None Following a discussion on the contract with Rayko Construction Company for the construction of the Recreation Center at Colonial Park, Commissioner Sellers requested that the City Manager request, the City Secretary to provide members of the Commission with a copy of the minutes of the meeting of the City Commission when final payment was made to Rayko Construction Company and Mr. John Carson of Rayko and John Mitchell of Mitchell, Carlson, Inc. agreed to resolve all final problems. Mr. Brown read the following letter ,received from Mr. John Mitchell, architect, for the construction of the Colonial Park recreation facilities: Reference is made to your letter of September 15, 1978, in which you asked that we arbitrate with Rayco Construction Co. regarding payment pf $290.10 field charge for installa~ion of an electrical conduit which apparently was omitted from the construction documents when originally issued. Our"construction plans for the work which Rayko did in this in- stance, to facilitate later installation of the air structure by Syzygy, Inc. and the specific conduit requirements were communicated to Mitchell, Carlson & Associates, Inc. by Syzygy Ine. The ommission of this particular conduit, which was for emergency lighting, was discovered'in the field by Mr. Murrell of Syzygy Inc. In the interest of expediency, Mr. ,Murrell omitted the formality of in- forming our office of the omission or of his verbal action in re- questing that Rayko's electrician install the subject conduit. -,-~-,.. ' " <'" ".. .ILL............J;-r-'I II '"''11'11111'111-['''' mm, 'I' ,',.. '~...L ' 111 , I' I[ IlllJlDlIDIiIIUIIIIIIIlj T 1[]1l[j . :.!J!III!!l1 ..1. ,~lIIInIDIIlITm ,.11 ,I I I,. 1111 I II \ 'I d I ~. :.~",!::,~ L I' ,JiWa".t\t.I~IUIU1liiiU..-, II I. I~-""""Tllr .1',",l..L~ ."......~"""......."',,'~, ~_j 84 My op1n10n of an equitable solution is that, although formalities were waived, the work'was done- efficiently and was required and value was received by the city. Consequently, I would advise that this item be considered a verbal field change to Rayko's contract for which payment is due. [J The Commission felt, that the, error was due to an om:ission by Mr~' Mitchell in copying the plans and specifications as' 'furnished by' Syzygy; th.erefore; a compromise should be reached between Mitchell, Carlson & Associates and Rayko Construction Company. The City Commission' recommended that' the City Manager, in,' conj unction with the City Attorney, make demands on the, general contractor and subs to make required corrections on the walls and floor of the hand- ball courts at Colonial Park. Commissioner Parks questioned as to whether or not the epoxy 'used in the" wall surface was in compliance with the specifications and did the con- tractor fail to apply the bonding agent needed to hold the wall surfaces together. Commissioner Parks also related his, observation, of' anappare,nt 'bleeding through the wall finish in the ' back of the. courts. This -bleeding 'is indicated by a,brown color stain on the walls. The Commission discussed means by which taxpayers could be notified of the amount of their taxes when such taxes are paid dlrectly to the city ,by a mortgage company' -and' tax notices do not go to the address of the residents paying such taxes .:' The' City Manager was requested to explore possible alternative notification methods. J With no, further business to come before the Commission at this time, upon motion duly made, seconded and carried, the meeting adjourned. dla~~ . , Mayor ' ATTEST: , , ~~". Assistant City Secretary u n o LD " W ,C:( <t o 0, , - "'j 85 , REGULAR MEETING OF" CITY COMMISSION November 13, 1978 The City Commission convened in regular session at the City Hall on Monday, November 13, 1978, 7:-30 p.m., with the following members present: Mayor Dunn, ,presiding; Commissioners Greene, Parks, Sellers and Thompson. The City Attorney and City Manager were also present. The Invocation was pronounced by Commissioner Thompson. 1. HEARING OF RESIDENTS: Dr. Evelyn Carson advised the Commission that she was Dire~tor of Education for the Houston Independent School District and also a resident of West University. 'Dr. Garson advised the Commiss.ion that her purpose in appearing before ,the Connnission was in behalfof<therCommunity Education Programs held in HISD school fac:ilities~ Dr. Carson stated that funds would no longer be available for the program without- assistance from the residents of areas where services are provided. It was noted that the West University Parks and Recreation program had previously:, used the West University Elementary SchooL,facilities as a site for some of its programs, and'thatthe City of West University probably 'had more invested on the school grounds than any other agency using such facilities. Dr. Carson advised the Commission that HISD facilities would be available for cbntin~~d use in c:ommunitieswhere tuition programs were available to make such use: self-sustaining and that it had been estimated that a cost of $130.00 per evening would be necessary for utilities and custodial 'care that was-required when the facilities were in use. Dr~ Carson further stated that one HISD facility area planned to request that HISD consider the investment of residents in the facilities through payment of taxes and other improvements in return for continued use avail- ability of such facilities. It was the decision of the City Commissi.on that ,this matter be referred to the Parks and Recreation Department for evaluation subsequent to which the City Manager will prepare a letter to be directed to the,Houston Independent School District requesting that the West University Elementary School con- tinue to be available as a meeting site in the area. Mayor Dunn recognized Father Namie as being in attendance at the meeting, noting that Father Namie's church is in the process of celebrating its fiftieth anniversary. 2. TRAFFIC LIGHT AT SUNSET AND BUFFALO SPEEDWAY: ,Mr. Frank Billings, 3123 Sunset, had requested time on the Commission:'a-genda- ,to discuss, the operation of the newly installed traffic signal at theirrtersection of Sunset and Buffalo Speedway. Mr. Billings stated that many problems had been created by the new installation and that no consideration had been given to traffic on streets intersecting Buffalo when left-turn signals had been timed and that it was quite dangerous for school children crossing Buffalo. Mr., Billings requested that a study be made of the situation and necessary changes made. "City,EngineerDa~:td Steitle advised that he had been observing the inter':', section and that several changes had been made on the timing of the signal and futher study would be included in an overall traffic survey that had been requested by the City Commission. Mr. Steitle was requested to report his findings to the Commission and to also include streets that off-set. . , '-'-A- ~_lJ.JJ.L.JI.fL..lJ.hrm_"'''--r ._j'-"~ . I I I' 'ill . mJnD...UIIBIIIIIIII' I' .... 'IU]Dr J. I 'L~! ---LlI.11 " 86 .j, .~_"I.IIIIEII[;;J:, 11,,1 ..1. 111' I F ,I:--r~ -:_-1" _ ,I .'.:'_,.--1IUh~.Jh.ltl Ilri'ri~," II I, I~ 1,,,1 _,,~'_r.,>'~"",,4.,,",_. u 4. RE':"EVALUATION PROGRAM: The Comniission'was advised that'the re'-evaluation program had been comPleted' and, all' tax st'atetnents mailed with exception of approximately 125 property o~ers who had been given extra time to respond to re-inspections rnadeat the, request of the Tax Board cff Equalization. A final invoice in the amount of: $11,500 submitted by Don Tallant for pro- fessional services rendered, was submitted for consideration. II Motion by Connnissloner Thompson,' seconded by COnnnissioner: Sellers, that U the statement in the amount of $11,500 submitted by Don Tallant for pro- fessional services rendered on the tax re-evaluationpr?gram be approved for payment. 3. TRACTOR WITH BACKHOE AND LOADER: In accordance with previous action of the City Commission, bids received' for delivery of a tractor with ,hackhoeand loader were opened and, resultb;r,announcedas':_follows: Base Bid Trade in Allowance Total Bid Price , Mustang Hyco Equip.-,$,16', 995.00 Alvin Equip. 21,500.00 NO BID $4',060.00 6,000.00 $ 12,995.00 15,500.00' It was noted that bid invitations had been'mailed to iiine,(9) area' suppliers with no correspondence received from the non-bidding firms. Motion':by Connnissioner Thompson, seconded'by Commissioner Parks, that bids received for delivery of atractor with backhoe and -loader be 'refe:r:red to the City Manager and his staff for review,- and if 'the low bid meets all of the'city's specifications, that the City Manager be authoriied to award a " contract for: purchase to the low bidder. ' , Voting Aye: nAIl Voting No: None It was called to the attention of the Connnission, that some eXpense had been incurred by the city for employment of temporary staff to assist Mr. Tallant in order to meet the deadline req~ested by the city. Sucnexpenses were: M. David Lowe Temporaries M. David Lowe Temporaries Kelly Services ' $ 2;558.00 152.60 " , 558.iS , $3,268.78 Motion amended by Connnissioner Sellers, seconded by Commissioner Parks, that the invoice submitted by Don Tallant be reduced by the sumof$3'~268.78 to defray costs' incurred by the, ci-ty in order to meet the timetable established in the contract with: Don- Tallant. Voting on amendment to motion: Voting Aye: All " Voting No: None Voting on motion as amended: Vodng Aye: All ,VOting No: None f~) I I u n o U1 '" W <( <t o n L..-~ 87 5. HOUSTON-GALVESTON' AREA COUNCIL MEMBERSHIP: 'The Commissiori was advised,that it was'again time for ,the designation of a representative to participate in the Hous ton-Galves,ton . Area Council. ," Mo,tion by Commissioner Thompson, seconded by"Commissioner Parks ,that, ' Commissioner Betty Sellers be designate'd as the' ,city's representative' to the General Membership Body of the Houston-Galveston Area Council for the year 1979,with"CoJinnissionerBen Greene to serve as 'the official Alternate'repre- 'sentative. Voting Aye: All Voting No: None Resolution Number 78-28 was presented to the Commission and read in full: WHEREAS; City Officials have determined it is to the best interest of the citizens of this: city to. continue its membershiP in the Houston- Galveston Area Council; and WHEREAS, the By~Laws of the Houston-Galveston Area Council re~uires the appointment of a duly elected representative of each of the govern- mental units for the year 1979. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION, OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That, COIilInissioner Betty Sellers, be arid she is ,hereby, designated as its representative to the: General'Membership Body of the Hous ton-Gal ves ton Area CounciL for the year 1979. Section 2. That the officiaL Alternate. authorized to, serve as the voting delegate should the hereinbefore named delegate become ineligible, or should she resign, is Commissioner Ben Greene. Section 3. That the Executive Director of the Houston-Galveston Area Council be notified of the designation of the hereinabove named dele- gate and alternate. PASSED AND APPROVED this ,>day of , 1978. Motion by Commissioner: Thompson, seconded by Commissioner Sellers, that Resolu- tion Number. 78-28 be approved as ,read. Voting Aye: All Voting No: None 6. HOUSTON-GALVESTON AREA COUNCIL, MEMBERSHIP DUES :' Asta,te.ment in the amount of $532.68; computed at-$O.04 per, capita,'for1979tnemhership dues in the Houston- Galveston Area Council was'presented"fo,rconsideratibn. Motion by Commissioner Thompson, seconded by Commissioner Greene, that the , statement in the amouIit of $532;68 for the city's membership dues in the Houston-Galveston' Area Council: beapproved.for payment.' Voting Aye: All Voting No: None _L ~ ~LL_ [; r.1 ,~ J=:ll I F I ~ ' II t" . r' ; :jl".:: "'~__---...lL.....' 'I, 1"11 ,LinIllO.lum_1I I Il]J[ ,I F !ill UIILJI ,I. , JlIIIIIlIIIIlllIUlllLl II ,I ' I IIIIl' 1 L, ,_,_ ,!~, , _I ..JII, III I I_L!1 .111 88 7. 'SANITARY LANDFILL PERMIT: "In accorda.n<::e with action taken by the City Commission in regular session On October: 23, 1978, contracts were presented authorizing Neill Engineering Corporation_to prepare an engineering report and National Soil Services, Inc. to perform required soil borings as may be required by the Texas Department or Health in conjunction with the issuance of a permit 'for' the operation -of the sanitary landfill'. Motion' by Commissioner Parks ,seconded by' Commis'sioner Sellers, 'that Mayor Dunn be authorized to execute contracts with Neill Engineering Corporation and National Soil Services. _ Voting Aye: All Voting No: None 8. WATEWATER TREATMENT FACILITY REPAIRS: ,An invoice submitted by Alpha Machine Company in thearilount of $5.76'.-65' foremergenc)rrepairs that were necessary to return the-clarifier shaft to operation at the Wastewater'Treatment Facility was presented for consideration. Motion by Commissioner Thompson, seconded by Commissioner Parks that the invoice in the amount' of $576.:65'submitted'by Alpha Machine Company be approved for payment. Voting Aye: All Voting No: None 9. SWIMMING POOL PNEUMATIC STRUCTURE: The Commission was advised that Syzygy Constructs, Inc. had re-inflated the structure over the swimming pool, and had performed all items on the: punch list, thereby completing their contract with the city. It was requested that consideration be given to the release of the remaining $4,74'0.00 withheld from the contract price to assure comple';", tionof the project to the: satisfaction of the <;:ity. Motion by Commissioner Thompson,secondedby'Commissione'r Greene,that the sum of $4,740.00 be authorized for payment to Syzygy Constructs, Inc. for completion of 'the pneumatic s'tructure at the swimming pool. Voting Aye: All Voting No: None 10. LATE HOURS PERMIT: City Manager Jim BroWn requested that this item be de- ferred until a special meeting of the Commission on Thursday, November 16, 1978, inasmuch as the City Attorney'had advised that the entire Section of the Code of Ordinances dealing with Alcoholic Beverages needed to ~e revised and time precluded such revisions and required ordinance prior to this meeting. 11. HOUSTON LIGHTING & POWER COMPANY RATE INCREASE REQUEST: It was the decision of the Coinmission that the public hearing 'to consider a rate increase request filed ,by Houston Lighting,& Power Company be reconvened on Thursday 'evening, November 16, 1978 in the Fire Station inasmuch as the Municipal Court will use both the Council Chamber and Conference Room. 12. WESTUNIVERS1TYPOLICERESERVE:: The Commission was advised that consideration had been given to:' the creation of 'a Police,' Department Reserve Unit for many months and organizers of such group had complied with a request to adopt a set of policies' 'and ethics , prepared By-Laws as a non-profit corporation and secured from the Office of the Secretary of State a Certificate of Incorpora- tion as a non-profit corporation. -'I , I I I ~ -~) I I 'I i ~ ~) I \ I I '--...' u o LO ~ W <t <:( 1\ U n L--- 89 Mr. Gene Blackwell, Mr. Phil Vogel and Mr~ Virgil Fehmer appeared'bed:ore the Commission to review plans for the creation of a very viable..,~ organiz.ition within the city. ,Ques~ions considered included reasons people other than West University resideIl-ts would be interested in participating in such organizatlon; cost to ~hecity; liability that might: be incurred by the city; purpose anq/orneedfor such organization; and requirements formembership in the reserve unit. Discussion developed that members outside the city would be necessary in order tOq immediatel:r 'implement the reserve' program he'cause membership re- quirements inCluded'state,certification:as'a LawEnforceme~t Officer with 'such certification requiri.ngapproximately sixinonths, for'completion; the only costs incurred by the city would be;' .rurnishl.ng badge se'ts' an'd 'shoulder patches estimated to be approximately $20.0.00;' that .creation of, the unit would relieve the current manpower shortgge in the Police Department and provide a means by which a single'officer would:not be'in'a dangerous situation ~n addition to providin~ c1.eri~alassista~ce to the Police Depart- me~t. Considerahle discuss~on was giv~nto' any pbss,ible liability that might be,,:l,:ncurred by the city and it w~sthe decision of the C()mmissionthat this question be pr~sen:ted to the ci~y'~, insuqmce carrier; Motion by Commissioner Thompson, secQnded by Commissio~er Parks, that subject tocon.sideration by the cIty's'insurance carrier regardingl:i,ability, the City Commission authorize the formation of,t:heqWest Universfty place PoliceRe- serve, Inc. , ,.\ Voting Aye: Dunn , , Sellers Thompson 'Parks: Voting_No: Greene 13 . LEGAL MATTERS :' Ci ty Attorney David Allums reported to the Commission that no further acti.on h~d been taken in either the Gough or McDonald suits filed against the eityat t~is time. , .. 14. CITY MANAGER'S. REPORT: 'City Manager Jim Brown presented the Conmiission a request for submission of grant request for the sum of $21,841 with a $2,275 non-cash match by the city, for purchase of a van to be used by the Service-to~Aging under Title III of the Older Americans Act. Mr. Brown noted thatthis~itemhad not been received in time for inclusion in material forWarded to the Commission prior to the meeting and that the grant appli- cation, if approved by the Commission, had to be filed on or before Friday, November 16th. Motion by Commissiorier Parks, seconded by Commissioner Sellers, that the city proceed to make application for grant funds subject to final approval, even if the application is approved by the granting agenc~, and, subject, further that there is no out-of-pocket cost to the clty the first, second or third year of the grant. Voting Aye: Dunn Greene Parks Sellers Voting No: Thompson .J.l1 ~ ,II IfI'~, 'lIIr:-u-" 1"', --,1.___ ,. I' 'III :C:TIlJIOmllBIIDIIIIIIU 1 I I .,tlt 11:lIJiC" . ... ~lIJl .1,..~IIIIIIIu:ru::J;U...1 II. IlUh I tl I' TL ,:.~- !e r ...1____- ...._-......J lI,t II I II ~1"~-I=I~~----rJ-,- 90 15. CONCERNS OF THE CITY COMMISSION: Commissioner Sellers read the following letter received from Ms. Kathy,Bower, Coordinator of Youth Activit:les for the March of DiIP-es: -' '. - - - ,We would like to extend our, thanks to you alld, to the CitY,of West University Place for your patience, coo'{>eration, and,understand- ing with ~ur Haunted House project. The police, fire, building" and engineering departments ail came to our assistance time,and again. ) The project was a success from day one - both,financfally-and as an ,aiternate to "Trick or Treat".." Please, know, that we' are sorry for inconveniences ,caused theWest'Unf-irersity cit:Lzenry,])y unusually large ,c;-owds' and noise., 0ur total receipts are $37~.32L07, a good <ieal--o:ver 't:he, original goal of $30,000. : , Again, our sincere thanks for all you did to smooth the way. Mayor Dunn advised ,the Commissfon, that a ietter had been,received from 'Mr. Donald H. Fidler of the ,MfA that an election would be"held on December 5, 1978 for the pUrpose of electing a representative, of the Citizen Ad-:- visory Board of the MTA from Bellaire, West University and Southside. ,16. PLUMBiNG BOARD MINUTES: " M:inute~'of:theregula:r meeting of the Plumbing BOCird on;November6, 1978'were presented to the Commission for their in- formation. 17. CITY COMMISSION, MINUTES: Minutes of the regular meeting of the City Com- mission on October 23rd and a special meeting on November 2nd were presented for consideration and the following action taken: ,Motion by Commissioner, Parks, seconded by Commissioner Greene, that minutes of meetings of the City Commission on October 23rd and November 2nd be approved as submitted. ',Voting:,Aye: " All" Voting No: None 18. ADJOURNMENT: With no further business to come before theCoIDmission at this time, 'upon motion: duly, made, ,:seconde<i and can:ied, the meeting adj ourned at 1O:30,p.m. ~" 'tZ,,~, , .. '.. . .., . "~ ., ',' ":,,,.: ,~~' "Mayor", , , ATTEST: ~,~:~ Assistant CitT Secretary : ' l I i I '-...J ~~f \ 1 L.J lJ n o to '\I W <( <:( o [J SPECIAL MEETING OF CITY COMMISSION November 16, 1978 91 The City Commission conv~ned in special session at the City Hall' on Thursday, November 16,1868, 7:00 p.m. ,with the following members present: Mayor Dunn, presiding; Commissioner Parks, Sellers,' and Thompson. The City Manager was also present. Commissioner Greene and the City Attorney were absent. Mayor Dunn advised those in attendance that the purpose of the special meet- ing was to re-convene a Public Hearing for consideration' of a rate increase request filed by the Houston Lighting & Power Company with the Public Utility Commission. Motion by COImnissioner Thompson, seconded by-Commissioner Parks, that the Public Hearing be opened to consider'a request for a. rate increase filed with the Pub- lic Utility Commission by Houston Lighting and Power Company. Voting Aye: All Voting No: None The City Manager introduced Mr.: LeRoy Gardner,.Bellaire District Mariager for Houston Lighting.and Power Company, for presentation of evidence relating to the need-for the requested rate increase; Mr. Gardner introduced MS. Beverly Gray of the Accounting Group and-Reporting Office of Houston Lighting and Power Company, as being present to offer any assistance requested~ Mr. Gardrier noted that on July' 14,' 1978, he' delivered. to.the __Ci-ty of. West Uni- versity Place a letter of intent. and reason for requesting a rate increase. Mr. Gardner reviewed the request highlighting.the primary factor in his Company's declining financial position being the high cost of new construction. Mr. Gardner noted the area's growing economy and the continued gradual transition from gas and oil-fired generators to more abundant energy sources such as coal, lignite and nuclear fuel, as well'as the.Company'sconmiittment to spend $1.6 billion to support ongoing plant expansion within the next three years. City. Manager Jim Brown, reporting on'action by-the consulting firm of Touche Ross, noted that the reqeust filed by Houston Lighting and Power Company was for an increase in rates in an amount of $174.9 million on a system-wide basis and that the consulting firm had recommended to the' Steering Committee an in- crease of $51,945,000, representing an increase of approximately 3.7% as compared to Houston Light and Power Company's request being an increase of approximately 12.6%. Mr. Brown noted that the increase projected by staff of the Public Utility Commission was approximatelytha.t reconnriended:-by the consulting firm. It was noted thatme.mbers. of the Public Utility Commission would not hand down their recommendation until Monday, November 20th;-that Houston Lighting and Power Company had agreed that. it would not implement the proposed rates under bond or otherwise prior to December 5th in order' to provide sufficient time for the City Commission to study all rate .information'available from the Public uti- lity Commission; and that the City Commission could re-convene the Public Hearing to consider' rates for residents of the'city between the two dates. Motion by Commissioner Thompson', seconded by Commissioner Sellers, tl;1at the Pub1.i.c Hearing be adjourned until aftEirthe:decision of.the Public Utility Commissi0n has been received, and re-convene on Monday, December 4,1978, 7:00 p.m. to con- sider rates. ~ I II . .. n "r.llTD...nllilD.lmr 'I lililn" . "il . '--' I , I llill! I-I a rlll!l~lll!r---~. .lJUll. I. ,~D1BIII!IIr:::L .n...1 I] 111m III I I. I ~. .~::'-..l!:.....I-. ._1 ..~..---1111 . I , '. I 1lTI-1 ~I-..=l'::I- "---TTIJ - 92 Voting Aye: All Voting No: None AN ORDINANCE, AMENDING. CHAPTER FOUR, IN ItS ENTIRETY;' OF THE .CODE OF ORDINANCES OF THE CITY OF ,WEST UNIVER- SITYPLACE, TEXAS; AND PROVIDING AN EFFECTIVE DATE OF NOVEMBER 17, 1978. ~ i \ U Ordinance Number 1122 was presented to the Commission and read in full: BE IT ORDAINED BY ,THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the City Commission has been made aware of amendments to and the revision of the Texas Liquor Control Act (Arts. 666-1 through 667-33, Vernon's Texas Penal Auxiliary Law), which has been reclassifiedby:the Legislature as the Alcoholic Beverage Code of the State of Texas. Section 2. That the City Commisssion is aware that it has given-the authority, under .said Alcoholic Beverage Code, to regulate among otherthings,__the hours of sale, consl.1mption, the locations, the license to sell and distribute-, and the issuance of a permit for the sale of mixed beverages, wine or beer within the corporate limits of the City. Section 3. Chapter FOUr of the Code of Ordinances of the City of West University Place, Texas, is hereby amended so that here- . j-I after said section shall read as follows: i 1 I I i i "CHAPTER FOUR ,L....; ALCOHOLIC BEVERAGES Section 4.1 Definition For the purposes of this Chapter, all definitions of words, terms, and phrases as set forth in the Texas Alcoholic Beverage Code ,'are .hereby adopted and made a part hereof. Se'ction 4.2 Hours of. Sale: Mixed Beven'lg-eR It shall be;unlawfuL for any person who owns, operates, manages or is in charge of any place, eitl;1er.personally or by agent, servant or employee, or for any agent, servant or employee of such per- son to permit the sale of any mixed DBverages under a permit issued by the City of West University Place, Texas, at arty time not permitted by this Section. a. A mixed beverage permitee may sell and offer for sale mixed hEweragesbetween 7: 00 a.m. and , midnight on any day except Sunday. On Sunday he Iilay sell mixed beverages I , 'I' )J midnight and 1:00 a.m. and between noon and mi~night. 93 o , ' , A holder of retaildelear's on premises late'hburs license'may also sell, offer' for sale and deliver beer or wine be- tween midnig~t and 2:00 a~m. on any day. Section 4.4 Consumption of Mixed Beverages, Wine or Beer b. o U1 ~ W <:C <:t It shall be unlawful for any person who owns, operates, manages or is in charge of any place, either personally or by agent, servant or employee, or for any agent, servant or employee of any such person holding a mixed beverag~ permit, wine or beer permit' allow the consumption of.any aicoholicheverage at i:heli permitted lo~ation'at anytime or times other tha,n those specified in Section 4~2 and: Section 4.3 of this Code. Section 4~5 Lewd~ Immoral, Indecent Conduct c It shall be unlawful, fo'rany_ person authorized to 'se1l beer at retail, his agent, servant or employee, to engage in or permit conduct upon the premises of the retailer which is lewd; iinmoral or offE!llsive to public decency,' including but not limited to, any of the following acts:, , , 1. the use of loud and''\7ucife1:"ous or obscene, vulgar~or indecent language or permitting 'its use;' 2. the'exposure. of person or permitting a person to expose his per'sou; 3. rudely displaying.or permitting a person to rudely d~splaY,apistol or other,deadly weapon in a manner calculated to disturb pers()Us in the re~a~l es~ahlishment. 4. ,Solicit~tion of- any ~erson for' coins to operate a musical instrument or other device; n 5. solicitation of any person to buy drinks for consumption by the retailer or any of his empl~yees; 6. becoming intoxicated on the licen~ed premises or permitting an intoxicated person to rE;!.mainon the licensed premises; 7.' permitting lewd or vulgar'entertainment , or acts; 8. permitting solicitations of persons for immoral or sexual purposes; "---- ....l...J.......... rr:::r--' ----.. 1,.11 1'1 I I> 1111'-- -:.JL..........., -:--Jro:::_ -'1 Ii I 1 'I d 1'11[1 [I '''In" :lLllIJ.....DIIIJIgEJ 11 ][]Ej [ '. ..:TIIII]) 94 J .1lmllllllEllllllllm:!1' JL... I] 1111'11.11 , II.,. I II ~.:::::.l!: ~ ...L_:"'~.T.:---.J~IH ~ m hi III 1:Cl~I~_.].::J~"llTT 9. failing or refusing to comply with state ,or,municipal health,or sanitary laws or ordinances, or' I~\ i l : ! LJ 10. possession of a'narcoticor any, equipment used or designed for the administering of a narcotic or permitting a.permitting a person on the licensed premises to do so. Section 4.6 Location Restricted It shall be ~lawful for any perso~tosellor engage in the business of. selling intoxicating liquor or beer'wi~hin the, city,. where, the place of business of such person is situated within three hUndred (300). feet of, a:p.y:church, ,pub~~c school, '-hospital or other education institution, the measurements to be along the property lines of the street fronts and from front:: door to, front door., and in a direct line across intersections where they occur. .. - . . . . . . , , Section 4.7 License to Manufacture. Sell, Distribute, etc. No person shall ,manufacture, sell, distribute or,' store any intmdcatin~liqu0r, ~alt liquor or, other alcoholic beverage, or engage, in any other activity with relation to the same for'which a permit is required by the Alcoholic Beverage Code within the City, without. first. ob:taining,a license so~to do from the City. The fee for such lice~se shall be an amount equal to one. half 0/2) the permit or license fee, charged by the state under the Alcoholic Beverage. Code.., c Section 4.8 Prereauisites to Issuance of Permit: No' permit required Uuder the terms 0f this Chapter shall be issued to, any, person until he shows that he holds a state permit for the particular phase of the liquor,traffie in, which he: desires to engage in the City and"untiL the fe~-required by said City for such permit has been paid to the City Treasurer. Section 4.9 Duration of Permit All permits issued under the terms of t:his.article shall expire at the time shown in' the-state permit presented by the: applicant, ancl sh1:ill t:erinlnate atmicinight on the 31st day 0f Augl.lst next succeeding. If the permit sought is issued for a period of time less than - one year" oIlly a proportionate ,part of the annual fee shall be exacted and collected; however, a fractional part of any month shall be counted as one month in calculating the fee which is paid." ' , , " , II i I U n o to ~ W <X: <( o n , ,95 Section 4. This Ordinance shall take effect and be in force from and after November 17, 1978.' .-:; .'- PASSED AND APPROVED this day of , 1978. Motion by Commissioner Thompson, seconded by Commissioner Parks, that Ordinance Number 1122 be approved as read. Motion by Commissioner Sellers, seconded by Commissioner Parks, that Ordinance Number 1122 be tabled by the City Coimnissionuntil its next:,regula-r,meeting for a second reading. Motion withdrawn by Commissioner Sellers, approved by COlinnissioner Parks. Motion amended by Commissioner Thompson, with consent'of Commissioner Parks, that Ordinance No. 1122 be approved subject to a second reading on November 27, 1978. Voting Aye: All Voting No: None Assistant City Manager Dick Rockenbaugh advised the Commission that an inspection of the handball courts at the Colonial Park'Recreation complex indicated that the walls were still peeling with court number three being much worse than others with not only paint peeling but also plaster. He further advised that play on the court floors had not helped and they still did not meet specifica- tions. It wa's noted that the project had' been accepted by the city on August 29, 1977 with a two"':'year warranty period.' The City Manager was instructed to direct a letter to Rayko Construction Company expressing the city's dissatisfaction with the handball courts and give such company a period of time not exceeding ten (10) days within which to furnish the city corrective action planned. The Commission was advised that in conjunction with the desire of the city to participate in the Harris County Community Development Block Grants program it would be necessary that a Cooperative Agreement between the City and Harris County be executed. The Commission reviewed the Agreement, noting that there was little chance of receiving any Community Development funds for the ~city; btita' possibility that participation in the county's program might make available some general revenue sharing funds from the county for street and sewer improvements in the city. Motion by Commissioner Thompson, seconded by Commissioner Parks, that the City of West University participate in the Harris County Community Develop- ment Block grants program. Voting Aye: Dunn Parks Thompson Voting No: Sellers Resolution Number 78-28 was presented to the Commission and read in full. WHEREAS, the City of, West University Place has indicated its desire to participate in the Harris County Community Development Block Grants program under Title I of the Housing and Community Development Act of 1974; and ."911]) 1.~lIIIIIImIC!I:..Rl..1 II. 1l1RU II:,; 'II' I Ii .1 L..::::~IC". _..L_!;.~':'~.---.Jlllrlll~lilll.lll1.. WI I. J....lJ 1I1I 96 WHEREAS, the population of-the City of West University Place will, therefore, be included in the Harris County "Urb;anCounty\l application to the U. S. Department of Housing and Urban Develop- ment; and , WHEREAS,-' it is necessary that an official, be deisgnatedsignatory agent of the city for the execution of an agreement between the City of West University Place and Harris County. NOW,-THEREFORE, BE IT ,RESOLVED BY THE CITY COM;MISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: "Section 1. That Mayor.Philip A. Dunn. be', and he is ,hereby, authorized and directed to sign the required agreement with Harris County ,for participation i,n such- county~ sCoIIl1D,unity 'Development Block Grants program and any other documentation requiredpu,rsuant to such participation. PASSED AND APPROVED this day of " 1978. Motion by COlinnissioner Thompson, seconded . by Commissioner Parks ,that Resolu- tion Number 7.8-28 be approved :as read. Voting Aye: All Voting No:, None With no further business: t.o. :come, before the' Commissi,on ,at this time:, upon motion duly made, seconded and carried,' -the meeting adjourned at 9..: 35 p. m. ..~ . ....... ...d/~ , ' Mayo' r' ' , .. '. -' . . ATTEST: ' ~df~A~' Assistant City' Secretary · :-/' ---------, 11 I I '------..J i I I I LJ (l I I i ( L) '97 D REGbLAR MEETING OF CITY COMMISSION November 27, 1978 The City Commission convened in regular session at the City Hall on Monday, November 27" 1978, 7:30 p.m, with the follQwing members present: Mayor Dunn, presiding; Commissioners Greene, Parks and Sellers~ The City Attorney was also present. Co~ssioner Thompson and the City Manag~r were out of the city. ' The Invocation was pronounced by Mayor Dunn. o LO r-I W c.:( <C 1. HEARING OF RESIDENTS: Mr. W.L. Partridge"4040 Ruskin, advised the Commission, that, he was.stl.ll very un}1appy,with.dogs running loose in his neighborhood. Mr. Partridge not~d that some, of the dogs that had previously been loose were now being kept up, but that the situation needed further attention. o Mr. Dave Justice, 3427 Sunset, asked what consideration had been given to problems that might be encountered by the passage of an ordinance permitting the issuance of a "1ate hours permit"toholders of alcoholic beverage licenses. Mr. Justice stated that 'ill his opinion addition,al revenue received would not compensate for the trouble that would be generated by people being out at 2:00 a.m. 2. ORDINANCE NUMBER 1122: In, accor'dance with. instructions, of the City Commission in special session on November 16, 1978', Ordinance Number 1122 providing~, for the issuance, of a "late hou,xs permit" to, holders of' alcoholic beverage.. licenses was read for the 'second time. AN ORDINANCE AMENDING' CHAPTER FOUR, IN ITS ENTIRETY, OF THE CODEbF , ORDINANCES OF THE, ,CITY OF WEST JJNIVER-. , ,SITY PLAcE,. TEXAS: AND PROVIDING AN , EFFECTIVE bATE OF ,NOVEMBER 17, 197.8. Motion by Commissioner Sellers, seconded by Commissioner Parks, that Ordinance Number 1122 be approved as r.ead, with, a modification to show an effective date of November 28, 197,8. 3. FINAL REPORT ,SUBMiTTED BY ZONING & PLANNING COMMISsioN. CALL PUBLIC BEARING TO CONSIDER:, , ' The Commission was presenterla final report of the Zoning and Planning Commission concerning proposed rez,on,ing oX Lot 1, Block 17, Colonial Terrace Addition for Townhouses. Reasons,fprrecommended denial of the application were given as consideration of the best interests of-the, c;i.:l;:y, rezoning of interior .lots, for townhouses and spot zoning. D Motion by Commissioner" Greene ,~ seconded by C~nmi.issiorier Parks, that the final report of the Zoning & Planning Commission be accepted and the application for 'rezoning of Lot 1" Block 17, Colonial Terrace Addition be denied. ' , , Voting Aye: Ail Voting No: None The Commission was presented a final report of the Zoning and Planning ~l I JIll I II II It l~ 1111r- ~."' 1"- , .11".._": ..."'l.......L....~1 " 11111 , 'I, I"Jl IIIIDlIIIIDIIlIIIIIIIDU r leDIT . .. .lJH:n 98 .. ..1 ."11UlI.....U...IIllJ!I: .lI..1 '1. 1111 I "I' . ! I L._.:.::':""IC . . .1 . ---.JJIk1J.~.IU.!li,Il__. lI:::f I -c:....LlI TT1J ~1"..f'J~"'~~~"",,,,, L~~', -,..... k_'- .,*-J Commission concerning proposed rezoning and replatting of Lots 6, 7, 8, 9 and 10, Block B(2) Pemberton Plqce Addition into four lots 37.50' x 101' and three lots 33~33' x 101'. It was noted that the Zoning and Planning Commission recommended denial of the application with the opiniorr~ that it would not be to the best interest or general benefit to the ci~y at this time. Motion by Commissioner Greene, seconded by Commissioner Parks, that the final re~ottof the Zoning & Planning Commission be accepted and the application for rezoning and replatting of Lots 6, 7, 8, 9 and 10; Block B(2), Pemberton Place Addition be denied. Voting Aye: All Voting No: None 4~ LEGAL MATTERS: City Attorney D~vid Allums advised the Commission that he was ex~eriencing ciifficultyin contacting attorneys involved in two law suits, pending against the city and, had nothing to report at this time. 5. CITY MANAGER'S REPORT:, Assistant City Manager Dick Rockenbaugh advised the, Commission that he had no matters to be brough~ to its attention. , , , 6. CONCERNS, OF THE CITY COMMISSION: Commissione.r' Parks was' advised that a letter had not been directed to Rayko _ Construction Company by the city, but such ~ompany:had b~en advised by Mltchetl, Carlson regarding the condition of'the handball courts: Commissioner Parks requested that a let,ter be mailed certified with return receipt requested prior to the, next tneetin'g of the City Commission. commissioher Parks instructed that 'letters be directed. to th~, proper officials in' Austihand to Senator' 'Bill Archer regarding the status of the city's ranking for funds for th~ construction of a new waste- water treatment facility. Following a discussion regarding costs involved in sending tax state- ments taall property owners with taxes paid by mortgage companies, this item is to be included on the agendE for a workshop session of the City Commission on November 30th. CommissiorierSellers re~uestedthat the age~da for the workshop session also include discussion bfthe pro~osed amendment to the fence ordinance ,and the appointment .of another member to the Zoning and Planning Com- -mission. Mayor Dunn advised that he had received a telephone call from Mr. Robert , Ray of, the Texas ~epartment of Health advisi~g that our deadline for obtaining a permit for operation of the sanitary landfill had been e:x:tended tintil January 10, 1979. 7. ZONING ANDP'LANNING COMMISSION MINUTES: Minutes of the regular meet- ing of the Zpning and Planning Commission on November 14, 1978 were presented to the ,Commission for their 'information. 8. ZONING BOARD OF AD.TUSTMENT MINUTES : Minutes or the regular meeting of the Zoning Board of Adjustment on November 15, 1978, were presented to the Commission for their information. ~ I L o u '_ 99 o 9. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on November 13, 1978 and a special meeting on November 16, 1978 were presen~@d,for consideration. Mr. Greene req1,l.@sted that minutes of the regular meeting of the City Commission on November 13, 1978, - be cor:rected to reflect his "no" vote on the formation of the West University Place Police Reserve, Inc. Motion ?y Commissioner Sellers, seconded by Commissioner Parks, that minutes of the regular meeting of November 13, 1978 be approved as correc~ed and minutes of the special meeting on November 16, 1978 be approved as, submitted. ' , o LD -n W <C <:( 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 8:30 p.m. ~..~~ Mayor " ATTEST: o ~} / $//kLL ss staIlt:.Cit)T hSecretary ~ o ..L-'------.......t::::I=:::::.J ---,.." . ",. '" r--' . .--- r' ~ - ,,' "-.-. .--, 1111. I' n: :rr.n1JI.lUIUIllIIUIlIIIIIj "I II:]lKIT: ~..!JHJI . .J. ]~lIDIBnlf.!J. ..!I...I 1.1 III I I I j IL..:.~,.L,...I.. .~JIItlil.)II!! 1111,...-----r-r--lir-----r'Tifj".j: 100 SPECIAL CITY COMMISSION MEETING . December 4, 1978, The City Commission convened in .special session at the City Hall on Monday, December 4, 1978, with the followingmemhers present: Mayor-:Pro-Tem Thomp- son presiding in the absence of Mayor Dunn; Commissioner Greene and Parks~ The City Manager was also present. Commissioner,Parks and the City Attorney were absent. ..' Mr. Thompson advised that the purpose of the special meeting was to re-convene a Public Hearing to consider a request for a rate increase filed by the Houston Lighting & Power Company with the Public utilities Commission. Motion by Commissioner Sellers, seconded by Commissioner Gre~ne,that the Public Hearing be re-opened. Voting Aye: All Voting No: None City Manager Jim.Brown advised the Commission that there were three options available for consideration: a) An increase of approximately $55,000,000 recommended for approval by the Public Utilities Commission. b) An increase of $39,257,000 adopted'by the'City of Houston. c) An increase of $51,945,000 recommended by the consulting firm of Touche-Ross, employed by a number of smaller-. cities ,that would be affected by the increase requested by Houston Lighting and Power Company. Members of the Commission discussed the possibility that Houston Lighting and Power Company would appeal the recommendation of the City of Houston and that inasmuch as the firm of Touche-Ross had been employed to make a recommendation for action to be taken by smaller cities, an ordinance should be considered adopting such recommendation. Ordinance Number 1123 was presented to the Commission and read in full: AN ORDINANCE PRESCRIBING AND APPROVING RATES TO BE CHARGED BY HOUSTON LIGHTING & POWER COMPANY IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS; PROVIDING FOR AND EFFECTIVE DATE FOR SUCH RATE SCHEDULES; PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ANY OTHER ORDINANCE OR PART OR PARTS THEREOF WHICH MAY BE IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. WHEREAS, on July 14, 1978, Houston Lighting and Power Company filed with the City of West University Place a request for an increase in rates to be charged within the City in the amount of $174.9 million per annum on a system-wide basis, an increase of approximately 12.6% and WHEREAS, the City Suspended the effective date of such pro- posed rate increase for 120 days beyond August 21, 1978; and . ~. T 1 '.,... u o u WHEREAS, the City Commission is of the oplnlon that a lesser increase in rates should be approved for the Company; and; :to 1 n WHEREAS, The City Commission is of the oplnlon that a lesser increase in rate5~should be approved for the Company; and WHEREAS, the City Commission finds that a total increase of $51,945,000 wili assure rates which are just and reasonable to both customers and the company. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY O!WE~T UNIVERSITY PLACE, TEXAS: . o LD ~ W <t <t Section 1. That an increase in the rates of Houston Lighting & Power Company for electric power and energy sold within the City of West University Place be approved in an amount stich that the adjusted total per annum, based on the adjusted test year ending March 31, 1978, which in accordance herewith, are those under which said Company shall be author- ized to render electric service and to collect charges from its customers for the sale of electric power and energy within the corporate limits of the City of West University Place, until such time as said rate schedules may be changed, modified, amended or withdrawn, with the approval of the City Commission. Section 2. That the Company shall establish rates and tariffs so as to increase each class approximately 3.7% per annum. o Section 3. That the Company shall, within 10 days from the final passage of thi~ ordinance, file with the City a revised Schedule of Rates and Tariffs setting forth those rates, tariffs and charges based upon an increase in total operating revenues as prescribed herein. Such Schedule of Rates and Tariffs may be modified or amended by City Commission within 20 days from the date of filing, otherwise same shall bE!. considered approved as filed. Said rates, as approved, shall be effective from and after final passage of this ordinance and shall apply to each customer of the Company within the City of West University Place from and after each such customer's first regular meter reading !ollowing the effective date of this ordinance. Section 4. That the Schedules of Rates and Tariffs shall be subject to a monthly adjustment for changes in fuel cost calculated according to the formula presently in effect. That the monthly adjustment for changes in cost of service shall be discontinued. Section 5. That the action of the City Commission of the City of West University Place enacting this ordinance constitutes, on the date of its final passage, a final determination of rates for sale of electric power and energy by Houston Lighting & Power Company within the City of West University Place in accordance with Section 43(e) of the Public Utility Regulatory Act. n Section 6. Nothing contained in this ordinance shall be construed now or hereafter as limiting or modifying, in any manner, the right and power of the City under the law to regulate the rates and charges of Houston Light- ing & Power Company. PASSED AND APPROVED this day of , 1978. Motion by Commissioner Sellers, seconded by Commissioner Greene, that Ordinance Number 1123 be approved as read. .L.l~ _. X-I. . J ,I .C::::LI. ".., I II ~ .11 lit ~_._.. .n-, . : .JI'.[, '--' I I I I t. Il'l Jill, . . . [, 1":1[" ',lJ]]]l1lmll1IlllllllllIJ 1" ![U[1' . JJlIJl - 102 , J, lIIIIIIIIIIIIlIlBIUlUJL ,II ,I I ,lit! '", 'I I I I~, ,-,I x:.. L : "..,.,j III i' I II III l:c,,' ~1:---1"':1 -iT~ Voting Aye: All Voting No: None Motion by Commissioner Greene, seconded by Commissioner Sellers, that the Public Hearing be closed. Voting Aye: All Voting No: None With no further busines to co~e before the Commission, upon motion duly made, seconded and carried, the meeting adjourned at 7:15 p.m. ATTEST: vlfjV~Ll~ Asslstant City Secretary 4~~- bC- ~- ,'Mayor, .-/ 'I I I u . [J u l o LO '\I W <:( <t o D ,103 REGULAR MEETING bFCITY COMMISSION December 11, 1978 The City Commission convened in regular session at the City Hall on Monday, December 11, 1978, 7:30 p.m., with the following members present: Mayor 'Dunn, presiding; Commissioners Greene, Sellers and Thompson. The City Attorney and City Manager were also present. Commissioner Parks was out of the city. The Invocation was pronounced by Commissioner Greene. 1. HEARING OFRESIDENT$: Mr~ Lloyd Flynt, 3606 Rice Boulevard, inquired as to the operational status of the proposed Police Reserve--Unit. Subsequent to being advised by the City Manager that a report was to be included in his report, members of the Ccommissiori requested that. he present such report. City Manager Jim Brown advised the Commission that consideration of the creation of theWestUniversity"Place Police Reserve was approved by the City Commission in regular session on November 13, 1978, subject to con- sideration by the city's insurance carrier regardi:ng liability,' arid that the following letter had now been received from Comiskey Insurance~Agency: This will confirm the fact that ther~serve police o:l;ficers, will be covered under the current General Liability and Auto Liability policies. Since the reserve officer will not be salaried~there will be no Workers' Comp~nsation coverage afforded under your policy. If you should have any questions concerning this matter~ please do not hesitate to contact our office. Thank you. Mr. Brown stated that a,recruitment program wouldconmience immediately and that if it was found that the imit'was'not beneficial ,to the Police Department and its operation such unit could easily be disorganized. In respohse'.to a. question by Mr,' Tom Browder ,,6352 Buffalo Speedway , regarding the interest of non-residents in becoming members of the unit, Mr. Brown stated that there'are certain people who are committed to see- ing that law and order are enforced andth~t in the beginning there is the need for persons already certified ,to organize the unit. , , Mayor Dunn advised Mr.' Browder' tha~cohsideration was being given to publication of an Annual Report covering- both the years 1977 and 1978 in and effort to make the report more: on a current status. Mr. Browder, was advised that preliminary investigation indicated that cost of televising City Commission meetings on cable television was too expensive to justify. It was noted that the City of nellaire will be purchasing its own camera and other equipment at the time it re':"'-' negotiates its 'franchise with the Gulf Coast Cable TV Company and con- sideration will be given to televising meetings at that time. LLl_--,-~[LJ L --L..l 1----r1 1'- 11'111 'I Jl~llnlr-- .. I r-", JI~'I' '''~----L-L_~~lJ I, I 'Ii ':IIIIIUIlDIiIIIIIlIl!j," I mo:' J'." ...lJIIlIl ,1..!IIIIIIIIIIIImnlIllJlt ,IJ'..I '1. ' IJr.1 ii. I I 1 , L ,:.1:.,1[,:" .I.-:_! ,. ..J:III_.lll' 1111,11";,,,, lLJT'~---r:-J:r------rr;r I,.. "". ". __~4~_ 104 Mr. Browder requested.that consideration.be given to fully displaying the agenda as well as the Notice on the window in the Finance Office. Mr. Browder was advised that the agenda is posted on the bulletin board in the City Hall lobby and the purpose of posting one on the Finance Office window is to assure having one for filing. u 2. HOUSTON LIGHTING & POWF.RC,OMPANY RATF. INr.RF.A~F. RF.WTF.~T' The Commission was advised that a recommendation had been received from Houston Lighting & Power Company that the city consider adopting a rate order adopting rates issued by the City Commission at its Public Hearing on December 4, 1978. Mr. LeRoy Gardner, District Manager, Houston Lighting & Power Company, advised the Commission that it would be to the advantage of both his company ,~. and the city' for have uniform rates throughout their system and that ~m appeal had been. filed to the rate ordinance approved by WestUni versity. Mr. Gardner,n?ted that appeals are costly and time consuming and. if the city adopted the rates of the PUC the appeal would be dropped. ' The City Attorney was instructed to prepare an ordinance for consideration repealing Ordinance Number 1123 and adopting the rates set by the Public Utilities-Commission. ConsiderationwilLbe given to the Ordinance in rece::;sed session on Thursday, December 14, 1978. 3. COLONIAL. PARK HANDBALL COURTS: The Commission was advised that an inspection had been made of the'Colonial Park Handball courts by'members of the city staff and representatives of Rayko Construction Company. A complete report is to be furnished by Rayko of corrective measures they plan for the courts. It was sugg~st~d that after the City Commission- studies the Rayko Report that a meeting' be scheduled between,.the two groups and if an. agreeable solution can- not be reached that the matter be turned over to the City Attorney. I' U This matter will be included on the City Commission agenda for Thursday for consideration if a report has been received from Rayko Construction Company. 4. TRAFFIC STUDY: The Commission was advised that traffic counters borrowed from , the Office of Traffic Safety had to be, returned and that it would be the later part. of January before Direetor of Public Works David Steitle would be able to complete a traffic survey of the,northeast quadrant of the city. In response to a question from Mayor Dunn regarding the Community Drlve stop sign question in view of a recent traffic accident, City Manager Brown stated that the Police Department had increased radar patrol of the area. 5. WORKSHOP/REGuLAR CITY COMMISSION MEETING: Attention of the Commission was directed to'the fact that the next regular meeting of the Commission would be on December 25th and that consideration should be given to establishing other meeting dates during the holiday season. After consideration of alternate dates it was the decision of the Commission to hold a workshop session on Monday, December 18th and the next regulqr meeting of the Commission 'on Wednesday, Deeember 27th. 6. GENERAL ClTY ELECrION: Inaccor4ance wit4 prOV1Slons of the City Charter Ordinance,Number 1125 calling an election for the purpose of electing a Mayor and. four members of the City Commission on January 20, 1979, was presented to the Commission and read in full: u 105 o 111 " W <C <:C AN ORDINANCE CALLING AN ELECTION WITHIN THE CITY OF WEST UNIVERSITY PLACE, TEXAS FOR THE'TWENTIETH (20th) DAY OF JANUARY, 1979, FOR THE PURPOSE OF EDmerING A MAYOR AND FOUR (4) COMMISSIONERS; DESIG- NATING THE POLLING PLACES: APPOINTING ELECTION OFFICIALS AND PROVIDING FOR THEIR PAY; PROVIDING THAT ALL Duty QUALIFIED REStDENT ELECTORS SHALL BE QUALIFIED T0VOTE; PRESCRIBING THE FORM OF BALLOT; ,PROVIDING' FOR NOTICE, OF ELECTION;. CON- TAINING OTHER PROVISIONS RELATING TO SAID ELEC- TION; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION, OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: o Se~tion 1. That a general election shall be held in the City or West University Place~ Texas on the 20th day of January, 1979, for the purpose of electing a mayor and four (4) Commission~rs of said city. Section 2. That said elect:LOlishall be held in each of the four (4) election precincts heretofore established by the Commissioners' Court of Harris County, Texas~and the following 'presiding election judges and alternate presiding election judges be appointed~ to wit: o Voting Precinct #183 West University Community Building 6104 Auden Mrs. Sally McCandless Mr. Stanley McCandless Presidin'g Judge Alternate Presiding Judge Voting Precinct #133 City Hall 3800 University Boulevard M~. Emily Stokes Ms. Janice Baggett Presiding Judge Alternate Presiding Judge Voting Precinct #87 West University Elementary School 3756 University Boulevard Mr. Vincent Fromen Mr. WilliamE. Watson Presiding Judge Alternate Presiding Judge Voting Precinct #15 St. Andrew's Presbyterian Church , 5308 :Buffalo:Speedway - n Mr. Charles Orsburn Mr. Ramsey Elder Presiding Judge , Alternate Presiding Judge , Each polling place and the polls thereat shall be open from: 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 precinct to be appo~nted by the presiding judge for each such precinct. .--.-- ",!JIlJl ",I 111I1111II11111111111. II ,I I ,llrl ,,; i I I L ..L,!l... ".,,_ ,.J'1Ii t I III II I I I....J...:I 'I~ 106 Section 3. The judges and clerks of said election shall receive compensation for conducting the election and filing the returns in U accordance with the provisions of Article 3.08 of the Texas Election Code, titled Pay of Judges and Clerks. Section 4. It is hereby determined by the City Commission that voting on the day of said e~ection shall be by use of voting machines, that absentee voting shall be by ,the use of paper ballots and that the ballots of said election shall conform to the requirements of the Texas Election Code and shall have printed thereon in English and in Spanish the names of the candidates and the office for which each candidate is seeking election. The period for absentee voting by personal appearance shall begin on the twentieth day and shall continue through the fourth day preceding the date of the election; provided, however, that when the,twentieth day falls on a day which is. not a regular wo~king, day for the clerk's office, the absentee voting by personal appearance shall begin on the next succeeding regular working day. Absentee votingshallb~ conducted 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 con- ducted shall be the City Hall, West University Place, Houston, Texas 77005, which is also the absentee voting clerk's mailing address for which ballot applications an~ ballots votedJby mail maybe sent. Said clerk U shall keep said office open for at least eight (8) hours, that is, from 8:00 o'clock a.m. to 6:00 o'clockp.m., on each day for absentee voting which is, not a S-aturday, 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 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 entitled to vote. 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 English and in Spanish at the City Hall, West University Place, Texas, by posting a substantial copy of this ordinance, in English and in Spanish in each of the election precincts of said Clty,not less th~n thirty (30) days prior to the date on which said election is to be held, and same shall likewise be publish~d in English and in Spanish in a newspaper or newspapers published in Harris County, Texas, of general circulation in the City, u. and designated as an official newspaper of the City in accordance with . the City Charter" said publication to be made not later than thirty (30) days prior to the date set for said election. PASSED AND APPROVED this' day of , 1978. m o LO '" W <C <C ~ D 107 Motion by Commissioner Thompson, seconded by Commissioner Sellers, that Ordinance Number 1124 calling a general city election on Januar.y 20, 1978, be approved asr~ad.-, Voting Aye: All Vot'ing No: None 7. CHAPTER CHANGE PETITION: II}. accorda,nce with action of the City Commission on September 25~ 1978,. Orqinance N'uinber 1126 providing for voting "for" or "against" Charter amendments was presented to the Commission and read in full: 'AN ORDINANGE CALLING AN ELECTION TO PERMIT THE QUALIFIED VOTERS OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, TO VOTE FOR QR AGAINST THE ADOPTION OF CHARTER AMENDMENTS; PRO- VIDING FOR THE HOLDING OF SUCH ELECTION ON THE TWENTIETH DAY . . . . OF JANUARY, 1979; PROVIDING FOR THE HOURS OF SAID ELECTION; PROVIDING FOR THE POLLING PLACES AND THE OFFICERS OF SAID ELECTION; PROVIDING FOR ABSENTEE VOTING; PROVIDING FOR NOTICE OF SAID ELECTION BY' POSTING AND PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DArE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERS ITY PLACE, TEXAS: , " Section 1. A special election shall be held in the City of West University Place, Texas, on the 20th day of January, 1979, at which election there shall be submitted to the qualified voters the follow- ing propositions: PROPOSITION NO. 1 AMENDMENT ONE: The City Commission ~hall have power, and it is hereby authorized to levy annually for the general purposes of paying the ,interest and providing ,the sinking fund on ,the outstandingbondeci indebtedness of the City of West University Place~ and for paying the interest and making provision for the sinking fund on such future bond issues as may be authorized, an ad valorem tax on all real, personal and mixed property within the territorial limits of said city, and ,upon all franchise.s granted by the city to any individuals or corporation, of not exceeing a total tax of UO%~f' the' 1977 Ad Valorem' Property Tax, not exempt by the constitution and laws of the StateofTexas~ except that an additional tax of not exceeding 10 cents on one hUilclred dollars valuation may b~ levied for maintenance of the.- de-partment of Health, and: Sanitation as prescribed by Articl~XVII, Section 7 of said charter. PROPOSITION NO. 2 AMENDMENT TWO: The City Commission shall not make, permit or approve any increase in ad valorem taxes on any taxable property by, the City in anyone yearing exceeding ten percent '(10%) of the City's immediate prior year's ad valorem tax, subject, hbwever,to the total t.ax limitation of this City Charter,. and subject to all taxable property having been appraised,at the 1977 market value. IIII III I I I Ja IJ;-NlIIlltll1."Wmlrr--:"J"! I 'jJ('.Tu.'~':-J II I 11: II. I'!I" '11111 Iltll] ![lID ' II I" 1i ",[;J]IIIaIDIIIUIlIIIIj' . UlIIJI , ,.. ,I. ,111B1.IIIIIUI.IIIlIlJ', Jl'.,1 I, '11111 I;" I I' ;,' I' 1 II L,.J..L.,'_....! ,....L"'_....J"IIli;l.l'"lhlll~..1 II I I' I II i I J ...,-.&..~~".1,,~U.;..b~Ph*~ "fi,i':Ll",-R.....- . A -~ <WJ 108 S?ction 2. The hours during which the ,polls will be open for,voting'ln' said' election shall be from seven o'clock a.m. to seven o'clock p.m. u Section 3. Voting shall be at the following respectively designated'polling places in each of the following numbered Harris County Voting Precincts in the City of West University Place heretofore estab- lished and described, by natural or arti.ficial'boundaries or survey lines by order adopt?d by the Commissi.oners' Court of Harris County and duly setout in its minutes. The following named persons are hereby appointed officers to conduct said election in the said election precincts; respectively: Voting Precinct #183 West University Community Building 6104 Auden Sally McCandless Presiding Judge Stanley McCandless Alternate Presiding Judge Voting Precinct 11133 City lIall , 3800 University Boulevard Emily.Stokes Presiding Judge ,,', Janice'Baggett Alternate Presiding Judge Voting Precinct fl87 West University Elementary School 3756 University Boulevard o Vincent" Fromen William E. Watson Presiding Judge Alternate Presiding Judge Voting Precinct #15 ,.st. Andrew's Presbyterian 5308 Buffalo Speedway Ghurch. .Charles Orsburn Ramsey Elder, Presiding Judge Alternate Presiding Judge The presiding judge for each election precinct shall appoint not less than two election clerks to serve at the polling place under his jurisdiction. Section 4. It is herebydeterIIiined by the City Commission that voting on, the' day of said election shall be by the use of paper ballots and that thepallots of, said election shall confo;r:m to the requirements of the Texas 'Election Code and shall have printed thereon in English and Spanish the following: OFFICIAL,BALLOT u ( )' FOR ) AGAINST.. ,AMENDMENT ONE: "rhe City Commission shall have power, and it is hereby authorized to levy annually for general purposes and for the purpose of paying the interest and providing the sinking fund on the outstand- ing bonded indebtedness of the, City of West University Place, and for-paying the interest and making provision ( 10'9 0 LD ( ) FOR ~ W ( ) AGAINST <:( <:( for the sinking' fund on' such future bond issues as may be authorized, an ad valorem tax on all real, personal , ,and mixedproperty,within the territorial limits of said city, and upo~ all ~ franchises granted by the city to any individual or, corporation, of not exceeding a total tax of' 110% of the 1977 Ad Valorem Property Tax, not exempt by the constitution and laws of the State of Texas, except that' an additional tax of not exceeding 10 cents on one hundred dollars' valuation may be levied for maintenance of the department of Health and Sanita- tion as prescribed in Article XVII, Section 7 of said charter. ' m AMENDMENT TWO: The City COTInnission shall not make, permit or approve any increase in ad valorem taxes on any taxable property by the City in any one'year exceeding ten percent (10%) of the City's immediate prior year's ad valorem tax, subject, however, to the t'otal tax limitation of this City Charter, and subject to all taxable property having been appraised at the 1977 market value. ~ Each ,voter using voting machines and desiring to vote in favor of the proposition 13hall pull the voting pointer down indicating "For" such proposition, and each voter desi:dng to vote against the proposition shall pull the ,voting pointer 'down indicating "Against" such proposition. Each absentee elector using a paper ballot shall vote on the proposition by 1?lacing an II X" or other clear mark in the square beside the statement indicating the way such elector wishes to vote on the proposition. The period for absentee voting by personal appearance shall begin on the twentieth day and shall continue through the fourth day preceeding the date of the election; provided, however, that when the twentieth day falls ,on a day which is not a regular working 'day for the clerk's office, the absentee voting by personal appearance shall begin on the next succeeding regular working day. n Absent~e voting shall be conducted bya clerk for absentee voting, namely, Mrs. Lee Lockard, and by a deputyahsentee voting clerk, namely, 'Mrs. Opal McKelvey, and the place at which the absentee voting shall be con- ducted shall be the City Hall, West University Place, H~uston,. Texas 77005, which is also the absentee voting clerk's mailing address to which ballot applications and ballots voted by mail must be se~L Said clerk shall keep said office 'open for at least eight ,(8) hours, that is, from 8,:00 0' clock a.m. to 6:00 p.m., on each day for absentee voting which'is not a Saturday, a Sunday, or an official state ~oliday; provided, however, except as author- ized by Article 5.05, Subdivisio,rr 3d, Texas Election Code~ said clerk shall not permit anyone to vote 'absentee by personalappearahce on any day which is not a regular working day for the clerk's office, and,under no circumstances shall the clerk penuit 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 entitled to vote on the Propositions. LI...L ..l.....-......rr::::L....------L....._L..L.J::J1... .!I I' ~ 1 III. r- ~:'-,. I ; Jl .or _ ""I ' I I i '" !llll I, I' 1i UlDllllnllDllml;, mrr,",' 'h. ...rJHJl .. .1..lr!mIIIIIIIIDJUlIIII:r.J' n..1 II. 11111 Iii' I i 1'1.1 ] I L.. .:.L..IL~ J ~_L.:' -.J 'llMLll.LU,.Jl~. lL rTl ~I III . III ..-,llfj.~&.;'j; -WlJ:. ....,.A '~"'W'''''ht",=-,,,,----,-: ^,~,,"'h..il~ 110 Section 6. This ordinance was read onc~ by the City Commission and shall xake effect immediately. [J Section :7., ,Notices of said election shall be given by posting a Notice ,containing a substantial copy of this ordianance in ,English and in Spanish at the ,City Hall, West University Place, by "posting a, substantial c,opy of ,this. ordinance in English and in Spanish in each of the elction 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,:i..n: 'English and in Spanish in a newspaper or newspapers published in Harr{s,' 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 thirty (30) days prior to the date set for said election. , , . PASSED AND APPROVED this dRY of , 1978. Motion by Commissioner Sellers, seconded by Commissioner Thompson, that Ordinance No .1126 ,be approved as read. Voting Aye: All Voting No: None 8. AREA PLANNING ADVISORY C.OMMT'T'TF.F. OF THF. ARRA A~RNC.Y ON, Ar-lmr.:. The Commission was presented the ,following letter. received .from Ms.Victor1a Bowie, Chairperson Membership Advisory Committee of the Area Planning Adv1sory Committee: The MeIIlbership Advisory Committee of the Area Planning Advisory Committee of 0 the Area Agency on Aging, r'equests that you reappoint the following persons: . PRIMARY PROVIDER ALTERNATE PROVIDER Harilyn Paxton 6104 Auden Houston, Texas 77005 665-2025 , ' Robert Chamberlain, Ph.D. 3304 Sunset Houston, Texas 77005 749-1533 Ms. Paxton has done an outhstanding job for the las.t ,two years, first serving as Vice-Chairperson and then taking over the Chairperson's responsibility during the illness of the Chairman in 1977. During 1978, she provided such outstanding leadersnip as Chairperson, she was unanimously re-elected as Chairperson to serve . in 1979. Dr. Chamberlain has also'made very worthwhile contributions to the Advisory Com- mittee. He has served on a number of sub-~ommittees. Both Hs. Paxton and Dr. Chamberlain are great assets to the Committee. We would aPPreciate your ,giving this matt~r .your immediate consideration. J . : Motion by comffiiss{oner 'Sellers, seconded by Commissioner Greene, that Mrs. Paxton be re-appointed as Primary Provider and Robert Chamberlain re-appointed as Alter-[j nate Provider to the Membership Advisory Committee of the Area Planning Advisory Committee of the Area Agency on Aging. Voting Aye: All Voting No: None n o IS) ~ W <:C <:( o n 111 Mayor Dunn instructed that Mrs. Paxton and Dr. Chamberlain be commended for the services they provide to the City of West University Place. "'r-'r': : . , '!- 9. MUNIGIPALCOURT: in accordance with the decision of the City Commission to pro- vide adequate personnel for the Municipal Court to comply with requirements of the Speedy Trial Actnames'of Associate Judges and Associate Prosecutors were presented for' consideration of re~app()in:tm:ent. ' Motion by Commissioner Thompson, ' seconded by" Commissioner Sellers, that the following persons be re-appointed to the Municipal Court for an additional sixty day period: ,Charles Orsburn, Associate Judge Terry Collins, 'Associate Judge Michael Schneider, Associate Judge Betsy Coleman, Associate Prosecutor Thomas Taylor, Associate Prosecutor Voting Aye: All Voting No: :None 10. DISTRIBUTION OF INSURANCE PREMIUMS: The Commission was advised that premiums paid on insurance policies had traditionally be distributed to insurance agents who live in the city meeting certain established qualifications. Motion by Commissioner'Thompson, seconded by Commissioner Greene that the City Manager be instructed to continue following' previously established procedure for the distribution of commissions paid on insurance coverage.. Voting Aye: All , Voting No: None 11. CONSTRUCTION OF PROPOSED.BELLAlREBOULEVARD WATER LINE: Discussion on the pro- posed construction of Phase I of a new, water line on Bellaire Boulevard from Mercer to Vanderbilt indicated that preparation of plans and specifications had been completed and that costs es'timates would be provided' at the December 27th meeting of the. City Commission. It, was suggested that inasmuch as the proposed constniction site was out of the clay area of the city that consideration be given to the use of asbestos concrete pipe .in lieu o.fthe traditionally used cast iron pipe. Mr. Browder advised the Commission:, that his neighbor, Mr. Marvin Sheets, had all faults in the area mapped if such information would be of value during their consideration. 12. TRACTOR WITH BACKHOE' AND FRONT LOADER: A tabulation of bids received on Novem- ber 13, 1978, for purchase of a tractor with 'backhoe and front loader were pre- sente'd to ,the Commission. ' It was noted' that the bids received from Hyco was fora 300B tractor which did not meet the city's specifications in a number of areas while the bid received from Case met alls,pecifications. The Commission was advised that an alternate bid had been submitted.by:ijycofor delivery of' a tractor meeting all specifications for the sum of $15,450 and that it was felt that the Commission would be justified in accepting the alternate proposal by Hyco. Motion 'by ,Commissioner Thompson, seconded by Commissioner Sellers, that the City Commission accept the recommendation of the City Manager and purchase a John Deere tractor from Hyco at a 'delivered price of $15,450.: ' n I I l-rt: !I I I ~ l!1,"- .. ;.- I . 11 T . "1 III I, ' II' 'mTlllllnlllDllmrl" I [run ,. I " I '..DR]) .1 ,.1IBI.UIIIUI.lltilW' .]1...1 II . III" " I ,.1 1 I 11 L. -r:JC .._...1 h ';,,_-.J 1U".i.:tl I.I!~..~,. l:CLLL-L-L.iI' -'-on. i:;(.;.,h. ".",-,.. Ab_-"ll~fu'..;.. ._._~ 112 Voting Aye: All Voting No: None 13. STREET REPAIR: The Commission was presented a request to advertise for 20,000 ,pounds of. asphalt. crack sealer, to be ,used in ,the city's street repair program. Motion by Cotinnissioner Sellers,.seconded1:>Y Commissioner Thompson, that the City Manager be authorized to'advertise. for bidsfor'de:;Liveryof 20,000 pounds of asphalt crack sealer to be used in the city's street repair program, with bids to be received by the City Commis$iQn on Jan~ary 8, 1979. Voting Aye: All Voting No: None 14. nTMF.N~TON 100 'l'RT.RPHONR ~Y~'l'RM' An',invoice in the amount of $875.00 received from Certified Electric, Inc. forthen~cessarywiring and conduit necessary for the installation of the new City Hall telephone equipment was presented for consideration. Motion by Commissioner Thompson, seconded by Commissioner Sellers, that an invoice received from Certified Electric Company in the amount of $875.00 for necessary wiring and conduit for installation of the new telephone system be approved for paymenL Voting Ay.e: All Voting No: ,None 15.: LEGAL MATTERS: City Attorney David ,Allums stated that'he had no changes to report in the status'of,two lawsuitstha.t had been filed against the city. Mr. Allums reported that. :the first__ few months of 1979 w01.1ld' be very busy inas- much as the Special Session of the State Legislature had passed legislation that would directly affect the city's operation. 16. CITY MANAGER'S REPORT: City Manager Jim Brown presented the following letter received from Fire Chief Ben Wilcher: Regarding my conversation with'you after the 1979 budget was approved,~ I discussed with you the hope~thatI' might be able to 'use any remaining mon,ies in the 1978 budget for the purchase of one half~ton van to be used as a back-up unit to our ambulance. Our ambulance made a total of 1,718 calls from January 1, 1976 through.November'30, 1978. It is not always possible to have theambtilan'ce availab'le whe.n it is needed in the City of West University Place. There is a certain amount of down time for maintenance and repairs. During this time Houston has always backed, us up. ,'When the ambulance is sent out in 1979 to be re- furbished it will take twenty working days to make the change over. This will be about one month of out time for our ambulance. With the annexation that Houston has taken on it is,sometimes 'difficult for them to make our calls. ~ortunately this does not happen too often. We do not mind calling upon the Houston Fire Department; nor does the City of Houston mind us calling them. However, there will betimes their ambulance will not be readily availabe. With the purchase of a one-half ton van we cOl.lld always be assured of an available unit to make ambulance responses. Il : j ~ o (1 l~ n o LD ~ W <t <t o n 113 The purchase price of a one-half ton van, customized to our needs, would be approximately $10,000.00. If we buy the unit and custom- ize it ourselves the total' cost would be approximately $7,000.00. Any consideration given by you, the Mayor and City Commission will be greatly appreciated. Mr. Brown stated that the Fire Department had been watching expenditures in the Department very carefully since adoption of the budget and that it was his re- commendation that the request be approved for the purchase of a van to serve" as an'ambulanc:e back...,.up unit. " Motion by Commissioner Thompson that the City Manager be authorized to advertise for bids for delivery of a one...,.half ton van to be used by the Fire Department as a back-up unit for the ambulance. Mayor Dunn noted that this item was not included on the posted agenda for this meeting of the City Commission and recommended that it be included on the agenda for the recessed meeting to be held on December 14th before consideration is given to'therequest. 17. CONCERNS OF THE CITY COMMISSION: Mayor Dunn advised that further consideration would be given to appointment of members of an Independent School District Com- mittee. 18. ELECTRICAL BOARD. MINUTES: 'Minutes, of the regular meeting of the Electrical Board on November 21; 197a, were presented to theCommiss~onfor their information. 19. PARKS AND RECREATION BOARD MINUTES; ,Minutes of the regular meeting of the Parks and Recreation Board on November 20, 1978, were presented to the Commission for their ,information. " 20. CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on Novembe'r 27, 1978 and a special meeting.heldon December 4, 1978, were pre'- sentedfor consideration and the following: 'act'ion taken': Motion by , Commissioner Thompson, seconded by Commissioner Sellers, that minutes of ' the regular meeting of the City Commission on November 27, 1978, and a'special meeting on December 4, ,1978, 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 at 9:50 p.m., the meeting was recessed until 8:30 p.m. on Thursday~, D~cember 14, 1978. Bt:Z~- Mayor' ATTEST: ~'~J~ Assistant City Secretary 0::;:::::-:. _[L 1_ J_ L LI---rI '1""'.lIll1illl :tt'~llf.'-----' I I1II , II 1"11 ',liTIlIllllnlllDllmil Ii' , 11m: 'L' ,. ,:lIT.L-l~ J 11'\ II.' ...onlll . .. , .., ,!. lIIIIIIIIIIlIlUIlllDL II I II ' Illll I,: " I I IIL,:.!:...I":.1 ".'." "..JIIUII,I,I rr"rl'LI:r '''''J !1 114 RECESSED CITY COMMISSION MEETING ,December 14, 1978 i ..j. The City Commission convened in recessed,sessionat the City Hall December 14, 1978, 8:30 p.m., with the following members present: ,presiding; Commissioner GTeene, Parks;: ,Sellers and Thompson. The was also present. The City Attorney was absent. ,on Thursday, Mayor Dunn, City Manager u Ordinance Number 1127 was presented to the Commission and read in' ,full: AN ORDINANCE RESCINDING ORDINANCE NO~ 1123; PRESCRIBHIG " AND APPROVING RATES TO BE CHARGED BY HOUSTON LIGHTING & POWER COMPANY IN THE CITY OF WEST UNIVERSITY PLACE, TEXAS; PROVIDING FOR AN EFFECTIVE DATE FOR SUCH RATE SCHEDULES; ". PROVIDING ,CONDITIONS UNDER WH-ICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; REPEALING ANY OTHER ORDINANCE OR PART OR PARTS THEREOF WHICH MAY BE IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. WHEREAS, the City Commission finds that the rates established in Ordinance No. 1123 should be, and hereby, rescinded. ,WHEREAS, 'on ..July 14 ,197.:8, ,Houston Lighting & ,Power.. Company filed with the ,City of West,Uiliversit.y Place a request for an increase in rates (~I to be charged within the City in the amount of $174.9 million per annum on UI a system-wide basis ,an increase of approximately 12.6% ; and' WHEREAS, the City suspended the effective date of such proposed rate increase for 120 days beyond August 21, 1978; and 'WHEREAS, the City Commission having considered the Company's rate , i:ncrease at a puhlichearing"is of the opinion that such request.. is excessive; and WHEREAS, the Commission finds : that the total ,increase approved by the Public Utility Commission in its Final Order in Docket No. 2001, in an approximate, amount of $56,000,000 will provide revenues that are adequate to the Company and will result in rates that are just and reasonable to both customers and the Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That Ordinance No. 1123, passed and approved by the City Commission.on December 4; 1978, be, and it is hereby, rescinded. Section 2. That an increase in the rates of Houston Lighting & Power Company for electric power and energy sold within the City of West University (I Place be approved identical to those rate schedules filed with and approved U by the Public Utility Commission pursuant to the Final Order in Docket No. 2001, but shall not be in excess of rates finally approved by the Public Utility Commission for any other municipality pursuant to the rate filing. [ o LD " W <( <:( o u 115 -, : .j,',. 'of :HL&P'of July 14, 1978, which, revised and approved rates' shall be charged by Houston Lighting & Power Company for electricity consumed after the date of filing with the City and may not be charged for electricity consumed prior to such date. Such rates~ as are approved in accordance herewith, are those under which said Company shall be authorized to render electric service and to collect charges from its customers for the sale of electric 'power and energy within the corporate liinitsof'the,City of West University Place, until such time as said rate schedules may be changed, modified,' amended, or with- drawn, with the approval of the City Commission. Section 3.' That the Company shall, wi thin 10 day's from the final passage of this ordinance, file with the City a revised Schedule of Rates and Tariffs'setting forth those rates',.tariffs and charges based upon an increase iil total operating revenues as, prescribed herein. Such Schedule of Rates and Tariffs may be modified or amended by the City Commission within 10 days from the date of filing, otherwise same shall be considered approved as filed. Said rates, as'approved;'shall be effective from and after final passage of this ordinance and shall apply ,to each customer of the Company within the City of West University, Place from and after each: such customer~s first regular meter reading followirig the effective date of, this ordinance. Section 4. That the Schedules of Rates and Tariffs shall be subject to a monthly adjustment for changes in fuel cost calculated accord- ing to the formula presently in effect. That the monthly adjustment for changes in cost of service shall be discontinued. Section 5. That the action, of the City Commissioilof the City of West:Un;i versity place enacting this ordinan'ce' constitutes on the: date of its final passage,' a final'determination of. rates for'sale of electric power and energy by Houston Lighting & Power:Company:'within the City of West University Place in accordance with Section 43 (f) of the Pub'lic Utility Regulatory Act. Section 6. Nothing'contain~d in.tl1isordinance: shall be construed 'now or:hereafter as limiting or modifying, . in any manner, the, right~:and power of the City under the law to; reg].llate the rates and charges of Houston Light- ing.and Power Company. PAS SED AND APPROVED this day of 1978. Motion by Commissi'oner Thompson, secoilded by, Commissioner Parks ,that Ordinance No. 1127 be approved as read. Voting Aye: All Voting No: None In accordance with action,of the City COIilInission in-regular session on Monday, December 11, 1978, the City Commission considered a written request from Fire Chief Ben Wilcher to use unexpended funds in the ~978 Fire Department budget for the purchase of a one-half ton, van to be used as a back-up unit to the city's ambulance. " .l:I::tl:ESIUUHI:Il~1 11::][11I:I' II -, .'lJlIl[.:n. .1. .i~"I.IUIUI..I&l.lW.l!~.]l!,1 '1. IJ1~! H ''I i', ,I I L_ :::":.JC_l ..I___;'.:~_,~.JJIl 1'.'1 'III, " u:=ri' r::..:1..:!1~ "'~'--i.::.4.~,. ~1:.,I..,id-.'<'" ~''-'''' ......,_......};1 116 It was noted that ambulance service provided by the City of Houston had been pro- vided when the West University unit was not in service, but that recent annexa- tions by the City of Houston and their limited number of ambulances might pre- 'u clude such back.,...up service, in ,the, future., It was further noted that. the van would cost approximately $10,0.00.00, but could be purchased'ancl'customized by the Fire Department for an approximately cost of $7,000.00. Motion by Commissioner'Thompson"seconded by Commissioner Sellers; that the City , ~Manager be authorized' to advertisefor'bids ,'for purchase of a one-half ton van for use by the Fire Department as a back~up unit. for the ambulance, with bids to be received by the City Commission on January,S, 1979. VotlngAye: All Voting No: None The Commission ,was ,-presented the following copy of a letter directed to Architect John Mitchell by Mr. 'Stephen Dishman regarding' the~handball courts at the Colonial Park complex. ,Per our conversations' during Monday's, on-site meeting with yourself and representatives'of the city;'Rayko'splaster, subcontractor has recently viewed the z half dozen smallpabch failures and has agreed upon request to make' all-necessary: repairs. In keeping with, previous verbal and written commitments, Rayko will also contact Southwest Floors and will jointly, along with others who maywish'to be present, check for woodt:loor level tolerance complaince primarily in the corner of court number one. The current wall paint flaking is considered common with painted plaster or block bond handball court walls and is being experienced by other owners with similar installations. Rayko has'corrected the wall weeping problem that necessitated previous repaints. ,'The current 'paint 'flaking is a result of the violent andpunishing,playreceived by these walls. ,As I stated Mon- day, the aesthetics of the handball court walls should not be considered a high priority item as constant maintenance will be permanently required to maintain "pretty walls". u As the problem causing previous paint failures has been corrected and the current paint and application of same was specified and strictly adhered to with architectural and' owner inspections at every stage, we' feel that we have fulfilled our obligations and that normal routine maintenance pro- blems such as the current paint flaking should be assumed by the owner. It was the decision of the Commission that a letter be requested from John Mitchell stating his' opinion regarding the walls and floor condition. Further discussion of action to be taken by the City Commission will be on the agenda for the meeting on December 27, 1978. 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. 4 a. ,d;;;, Mayor u ATTEST: ~4~~ Assistant City Secretary 117 n REGULAR MEETING OF CITY COMMISSION December 27, 1978 The City Commission convenedinregular'session at the City Hall On Wednesday, December 27, 1978, 7:30 p.m., with'the following members present: Mayor Dunn, presiding; Commissioners Greene, Parks, Sellers and Thompson. The City Attorney and City Manager were also present. The Invocation was prounounced by Commissioner Parks. o LO -rI W <:( <:( 1. HEARING OF RESIDENTS: Mayor Dunn welcomed candidates for offices on the City Commission who were in attendance at the meeting. There were no residents in attendance who wished to present any matters for consideration of the Commission. ' , 2. CONSTRUCTION OF PROPOSED BELLAlRE BOULEVARD WATER LINE: In accordance with previous instructions of the City Commission, three alternatives we~e pre- sented forcons::i..deration for use in construction of a ten (lO") inch water line on Bellaire Boulevard from Mercer to Vanderbilt. Alternatives were the use of cast iron pipe; ,extruded iron pipe or reinforced concrete pipe. It was noted that; there would be only a thre (3' ) foot bury for the water line and that consideration o-f the use of concrete pipe should be eliminated because of danger c~eated by heavy equipment moving over the pipe. o City Engineer David Steitle advised the Commission that costs estimates, plus fri-flation during the first quarter of 1979, would be approximately the same whether cast iron or ductile iron pipe was used. It was the recommenda- tion of the City Manager that ductile pipe be used rather than the cast iron pipe. Motion by Commissioner Thompson, seconded by Commissioner Parks, that specifications be prepared using' ductile iron pipe for construction of a ten (lO") inch water line on Bellaire Boulevard from Mercer to Vanderbilt. Voting Aye:, All Voting No: None Motion amended by Commissioner Parks, accepted by Commissioner Thompson, that bids for the construction of a ten (lO")' inch water line' on Bellaire Boulevard from Mercer to Vanderbilt be received by the City Commission on February 12, 1979. Voting Aye: All Voting No: None 3. TRACTOR WITIt BACKHOE AND LOADER: The Corinnission was presented an invoice from Hyco Equipment CoIIlpany in the amount of $15,450~OOOfor delivery of one John Deere diesel 310A tractor loader backhoe. [J Motion by- Commissioner Parks, 'seconded by Commissioner Sellers, invoice from Hyco Equipment .Company'inthe amount of $15,450.00 tractor with backhoe and loader be approved for payment. that an for a Voting'Aye: ,All Voting No: None 4. MUNICIPAL COURT JUDGE: 'A letter was presented to the City Commission from Mr~ Charles R.Dunn submitting his resignation as Judge of the Munici- pal Court of the City of West University Place due'to a busy schedule tv ,qJf>!j~~~~;-;r .", .,. f'" 11l.....-.._~[L 1_ L LJ_I-rJ 'j!1[f"ll I Imf':\"llIl. .....--..j I ~ :n. .J.~ It 1 I I ,"' I , 1111] [I ' lr .[[!]IUD...I 'I 11m L I .on:n ,I. ,lIIIIIIDlllIIlIIUn[JT ,i[ ,I 'I, II~ , iT'-'TT., ,:.."IC-:..,.l ,:..,..-1111. 'I I I rr-L~L.....J"'::I "'11 118 occassioned by his becoming President of the Houston Bar Association. Motion by Commissioner Thompson, seconded by Commissioner Parks, that the City Commission accept the resignation of Charles R. Dunn as Judge of the Municipal Court with regret and that an appropriate resolution be prepared commending Judge Dunn for his long and faithful service as Judge of the Municipal Court for presentation to Judge Dunn at the appropriate time at his convenience. Voting Aye: All Voting No: None 5. RAYKO CONSTRUCTION COMPANY: The Commission was advised that a written response had been requested from Architect.John Mitchell regarding warranty work at the Colonial Park recreation compiex, but that it had not been received. Following discussion regarding the need for a response from Mr. Mitchell, the City Manager was instructed to request, by certified mail, a response from Mr. Mitchell prior to the January 8th meeting of the City Commission, and to investigate other recreation centers using the same process on walls as was used at, Colonial Park handball courts. 6. REOUEST TO ADVERTISE. FOR BIDS:" The Commission was. advised that funds had been p,rovided. in the 1978 budget for various automotive equipment, for which bids needed to be requested in orderto.receive'as early a delivery date as possible. Motion bY,Comm:t?s,ioner Thompson, seconded by Commissioner Sellers, that the City Manager be authorized to advertise for bids for delivery of the following equipment: Department Equipment Rllrl~prprl r:n~r Administrative Police Fire Sanitation 4-Door Sedan Patrol Car~ (4) Cab & Chassis (Ambulance) Packer Body Cab & Chassis Pickup Trucks (2) 7,500.00 14,000.00 '10,000.00 12,000.00 16,000.00 11,000.00 Water Bids to be received by the City Commission in regular session on February 12, 1979. Voting Aye: All Voting No: None 7. CITY HALL SECOND FLOOR OFFICE SPACE: In keeping with plans to move the administrative offices to the second floor of the City Hall, a request was presented to advertise for bids for materials and labor for repairs that would.be required to the second floor of the City Hall and an office at the Water Plant to be used by the Director of Public Works. It was noted that carpet, drapes and wall. coverings would be included as well as an enclosure near th~front,hall entrace and the blocking of the rear hall area. Motion by Commissioner Thompson, seconded by Commissioner Sellers, that the City Manager be authorized to advertise for bids for materials and labor required for remodeling the second floor of the City Hall and office space at the Water Plant, ,with bids to be received by the City Commission on January 22, 1979. ~ 1 j' i I ~ -, I F U' u [ o LD "" W <( <( o o 119 Voting Aye: All Voting No: None 8. ADMINISTRATIVE DEPARTMENT RADIO EQUIPMENT: Two 2.,..,wayradios were 'provided in the 1979 budget for the Administrative'Department'and a request was presented to advertise for bids for puchaseof such radios. The City Manager advised that a remote control desk unit would be placed at the City Hall switchboard and that four 2-way radios had been given to the city bya neighboring city and had been installed iuvehicles assigned to the Sanitation Superintendent, Water/Sewer Superintendent, Water/Sewer Foreman and Public Works Director. Motion by Commissioner Thompson, seconded by Commissioner Greene, that the City Manager be authorized to advertise for bids for delivery of tw02-way radios with bids to be received by the City Commission on February 12, 1979. Voting Aye: All Voting No: None 9. SOLAR ENERGY: An ordinance regulating the design; construction, use, location and maintenance of all direct solar energy systems proposed by members of the Plumbing Board was presented to the Commission. Following the discussion regarding necessity for additional study of the proposed ordinance, members of the Commission were requested to furnish feedback by the 4th of January in order that consideration of the ordinance could be included on the regular City Commission agenda for January 8th. 10. SALARY CLASSIFICATION PLAN AND RE-ORGANIZATION STRUCTURE: Ordinance Number 1128 was presented to the Commission and read in full: AN ORDINANCE PROVIDING FOR POSITION CLASSIFICATION PLAN FOR EMPLOYEES OF THE CITY OF WEST UNIVERSITY PLACE; PRO- VIDING FOR EMPLOYEE- COMPENSATION: PLAN; AND PROVIDING AN EFFECTIVE DATE WHEREAS, there exists in the City of West University Place an urgent need for a uniform position classification plan for employees; and WHEREAS, there exists inthe,Ci,ty of West University Place an urgent need for an employee compensation'plan; and WHEREAS, by approval by the City Commission and under the authority granted to the City Manager, the following position classification plan and employee compensation plan are established. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. POSITION CLASSIFICATION PLAN A) All employees in the classified service shall be included in a position classification plan as prepared by or under the authority of the City Manager and as approved by the City Commission. ,B) The pORitionclassificatibn plan shall be composed of job clas'ses. C) Each job class shall include all positions that are similar or ~~I"-'_"'~ . 1.11 I" 11 . '.lIIlnUIIUI.llllllll1DllIJ "I" It::UIT' . 1 1 ],1 ~!. :DHJll I ,'~IDUIIIID!I' .11' I II Ill,! l--:-j ,- L~ .:,:.:~H:._~ .,..l~_ .~:.T.:~__--1IJt.,J-ll.IJIIA'I"'''1 _ LLl II 1--:1"':1_=-2I1, Ir,-,;'.'i.~"l4i;;_ ~"""";"""""'""h' ,<.J".. -",,-~~~1 120 comparable in responsibilities, duties and required qualifi- cations. D) A revised classification plan will be timely developed and sub- sequently incorporated as a part of this ordinance through amendmen t. ,., This plan shall be revised from time to time as changing circumstances and conditions require and upon recommendation by the City Manager and approval of 'the City Commission. . Such revisions'may consist of the addition',d~letion, abolishment, consolidation, division or amendment of existing classes. ',SeCtion 2.' EMPLOYEE COMPENSATION PLAN A) A revised Compensation Plan will be timely developed and sub- sequently incorporated as a part of this ordinance through amend- ment. The Compensation Plan may be amended as circumstances 'require through submission of suggested changes by the City Manager and approval of the City Commission. B) Each job class shall be assigned to one of the pay ranges pro- vided in the Compensation Plan. C) The Compensation Plan shall provide for merit increases within each job class. Such increases shall be known as "steps" and shall be awarded o~lyupon the recommendation of the Department Head and exPressly approved by the City Manager. D) 'The salary of the City Manager shall be established by the City Commission. The salaries of Department Heads shall be estab- lished by the City Manager. E) All employees of the City shall receive not less than the amount required by applicable Federal and State'Laws. Section 3. That the said Position Classification Plan and Employee Comp ens at'ion, Plan, an exact copy of which is marked "Exhibit A" 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 Uni- versity Place, Texas. Section 4. This ordinance shall take effect and be in force from and after January 1, 1979. PASSED AND APPROVED this , 1979. day of EXHIBIT A CITY OF WEST UNIVERSITY COMPENSATION PLAN JANUARY 1, 1979 Salaries in this plan are based on 40 hour work week and do not include overtime, incentive, longevity or E.M.T. pay. All steps are based on 2~% increments rounded off to the nearest dollar. .~-'1 I I t , '--..J '~I lJ u o In ~ w <( <:( 121 Motion by Commissioner Sellers, seconded by Commissioner Thompson, that Ordinance 1128 be approved as read. Voting Aye: All, Voting No: None 11. LEGAL MATTERS: year there were bills passed by Commission. City Attorney David Allums stated that after the first of the a number of matters regarding taxing procedures xelated to the Legislature)that he would be prepared to present to the 12. CITY MANAGER'S REPORT: City Manager Jim BroWn advised the Commission that he had no additional report to be made at this time. 13. CONCERNS OF THE CITY COMMISSION:, Commissioner Sellers requested that the report of the Long Range Planning Committee be heard by the current City Commission. It was the decision of the Commission that Chairman John Neighbors be requested to present such report at the January 8th meeting of the Commission. Commissioner ~ellers requested that the City Manager furnish supporting data on the fence ordinance for consideration at a workshop session to be scheduled at the January 8th Commission meeting, such data to include information on what is done in other communities regarding fence construction. 14. PLUMBING BOARD MINUTES: Minutes of the regular meeting of the Plumbing Board on December 11, 1978, were presented to the Commission for their information. 15. ELECTRICAL BOARD MINUTES: Minutes of the regular meeting of the Electrical Board on December 18, 1978, were presented to the Commission. for their informa- tion. 16. CITY COMMISSIO~ MINUTES: Minutes of the regular meeting of the City Commission on December 11, 1978 and a special meeting oIi December 14, 1978 were presented for consideration and the following action taken: Motion by Commissioner Sellers seconded by Commissioner Thompson, that minutes of December 11, 1978, be corrected to show that the next regular meeting of the City Commission would be held on Wednesday, December 27th and that minutes of December 14, 1978, be corrected to correct the spelling of plaster, and approved as corrected. Voting Aye: All Voting No: None 17. EXECUTIVE SESSION: The City Commission Adjourned into executive session 18. ADJOURNMENT: With no further business to be considered upon the completion of the executive session, upon motion duly made, seconded and carried, the meeting adjourned at 9:00 p.m. ~d ff~ ayor ATTEST: ~.~b~' Assistant City Secretary rf"""-'>Tl"=:.-::rr.:.::=r"':::.=r=:=,"'I--r>' '1 ; '01 r- _.,-....c.,.~T"".',....'T'''.-''""'''1I.. . -.-, 1': :' 'J!:"'F'mnllDlIIIIl1DIn' -- -inlrrn"c--;'i Ilr-