HomeMy WebLinkAboutMinutes_1979
122
REGULAR MEETING OF CITY COMMISSION
January 8, 1979
The CttyCommission convened in regular session at the
January 8, 1979, 7 :)0 p. m., with the following members
presiding, Commissioners Greene, Sellers and Thompson.
and City Manager were also present. Commissioner Parks
Ci ty Hall on Monday,
present: Mayor Dunn,
The City Attorney
was out of the city.
The Invocation was pronounced by Commissioner Sellers.
HEARING OF RESIDENTS: Farmer City Manager Whitt Johnson appeared before the Commi-
stating that his appearance was for two purposes. First, to give a report on
the activities of the Long Range Planning Committee which he would defer to Com-
mittee Chairman John Neighbors who was in attendance. Mr. Johnson stated that
the City Commission had been presented many new ideas that had been tried by
other cities and that it was his hope that the report of the Long Range Planning
Committee would contain many innovative ideas.
Mr. Johnson noted that there was soon to be an election in West University
and that his request would be that it not become a Bellaire fiasco.
Mr. Johnson advised the Commission that he would respectfully disagree with
action of the Commission in the creation of an auxilliary police department;
the creation of a study committee to study the feasibility of an Independent
School District; and with the working on the ballots for the Charter Amendments,
noting that passage of the amendments would preclude Charter amendment consi-
deration fora period of two years.
In response to a question from Mr. Sonny Ahrens, 3729 Nottingham, regarding
publication of the 1977 Annual Report, Mayor Dunn stated that it was hoped
that the report. would be printed and distributed within the next two weeks.
Mr. Lloyd Flint was advised that the city had been going through necessary
steps to obtain federal funding for the construction of a new wastewater treat-
ment facility for a number of years, and that such funding would provide 75%
of the required funds and that the city would have to provide the additional
25%. It was noted that Step I of the application had been completed, Step II
was now underway and that Step III would be the actual construction of the new
facility, and that the total expected cost of the new facility would be approxi-
mately, $3,000,000.
Mrs. Val Rosenbaum, 4028 Marlowe, was advised that two applications had been
received for the position as Director of the Service to Aging since the resig-
nation of Mrs. Marilyn Paxton and that the position would be advertised in
order to try to obtain the services of a local person. Mrs. Rosenbaum was also
advised that the program was under the Director of Community Services Bob Gurley
and that assistance was being provided by Mrs. Margie Clark who had previously
worked with the program.
VAN FOR USE AS BACKUP AMBULANCE UNIT: In accordance with previous action of the City
Commission, bids received for delivery of a one-half ton van for use as a back-
up unit for the ambulance, were opened and results announced as follows:
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Chuck Davis Chevrolet
Jimmie Greene Chevrolet
Bob Robertson Chevrolet
Jack Roach Ford
Alternate (138" wheelbase) +
$6,344.00
6,167.32
6,169.49
6,.079.42
130.42
Motion by Commissioner Thompson, seconded by Commissioner Greene, that bids
received for delivery of a one-half ton van be referred .to the City. Manager .
for evaluation and recommendation.
Voting Ay.e: All
Voting No: None
STEEP ASPHALT: Bids received for delivery of 20,000 pounds steep asphalt for use
in the city's street repair pr,ogram were opened and results announced as follows:
Builders Products, Inc. $1, LOO~OO
(+$8.00 per ton after 1~12)
RailtonMfg. , .Inc. ' $1 ,.170~00
(+$8.00 per ton after 1-15)
Motion by Commissioner Thompson, seconded by Commissioner Greene, that bids
received for delivery of 20,000 poundsd steep asphalt be referred to Director
of Public Works David Steitleand Street Superintendent A. L. Bearden for
final analysis and recommendation at the next regular meeting of the City
Commission.
Motion amended by Commissioner Thompson,acc.epted by Commi.ssioner Greene,
that bids received for delivery of 20,000 pounds steep asphalt be referred
to David Steitle andA.L. Bearden and that they be authorized to accept the
low bid and place an order'before the effective date of the price increase.
Voting' Aye: All
Voting No: None
OFFICE EQUIPMENT: A request was presented to advertise for two electric typewriters
for the Finanace Department, one electric typewriter for the Municipal Court
and a cash register for the Finance Department, all of which were included in
the 1979 budget.
Motion by Commissioner Sellers, secondedbyConnnissionerThompson, that the
City Manager be authorized to advertise for. bids' for delivery of three electric
typewriters and ad cash register., as included in the 1979 budget, with bids to
be received by the City Commission on February 12, 1979.
Voting Aye: All
Voting No: None
ELECTRONIC SIRENS: A request was presented to advertise for bids for delivery of
two electronic sirens to replace two oldun:its.
Motion by Commissioner Thompson. seconded by Comfuissioner Greene, that the
City Manager be .authorizedto advertise forbids for.two.electronic sirens
. to be mounted on policepatroLunits, with bids ,to be received by the City
Commission on February 12, 1979.
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DESIGNATION OF,OFFTc'T AT. NEWSPAPER' In accordance with the provlslons of Article r--)
XXVI of the City Charter, the Commission was advised that it was necessary LJ
that an official newspaper should be designated for the year 1979 for publica-
tion of notice to bidders, legal notices,'etc.
Motion by Commissioner Thompson, seconded by ComIilissioner Sellers, that the
Southwestern Argus and/or the Houston Chronicle and/or the Houston Post be
,designated as official newspapers for the City of West University Place for
the year 1979.
.,Voting Aye: All
Voting No: None
LEGAL MATTERS: City Attorney David Allums advised the Commission that he was
working on lawsuits pending against the city and that he had also been working
on a ~umber of tax matters that had resulted from the last session of
the ~egislature, especially the truth in .taxation law. Mr. Allums noted that
he would be working closely with the city's State Representative and others
involved in the State Legislature to learn of any new legislation that might
affect the city.
C,TTY MANA~ER'S RF.PORTj City Manager Jim Brown advised that a letter had been re-
ceived frcm Entex, Inc., dated December 29, 1979, requesting a rate increase
which had been approved by the City of Houston; now being considered by the
City of Bellait.e; received by the City of Bay town some' three months ago and
became effective when it was not opposed; and had not yet been received by
the City of Pearland.
This matter is to be placed on the agenda for the regular,meeting of the City
Commission on January 22, 1979, in order that members of the Commission may
have sufficient time to review the request.
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Mr. Brown advised the Commission that he was meeting with Mr. Hyman Grossman
of Standard & Poors Rating Service on Thursday to discuss the affect passage
of the proposed tax amendments would have on the city's bond rating, and he
would report the results of such meeting to the City Commission at its regular
meeting on January 22nd. Mr. Brown also noted that passage of the Charter
.amendments would preclude anotheramendment~o the Charter for a period of
two years.
Mr. Brown advised that a meeting had been held with Mr. John Mithcell, architect
for the construction of the Colonial Park Recreation Complex regarding action
that should be taken to correct deficiencies in the handball courts, and that
Mr. Mitchell had stated that his position was that his firm had conducted a
final inspection of the facility and their involvement was completed with the
project unless the city wished to employ him as a consultant. The City Manager
was instructed to contact Rayko Construction Company and request that all of
their communications be directed to the city and not to Mr. Mitchell.
LONG RANGE PLANNING COMMITTEE: Mr. John Neighbors, Chairman of the Long Range Plan- ,~!
ing ,Committee appeared before the Commission in response toa request that a }U
report on the activities of the Committee be made available. l
Mr. Neighbors stated that the first .two meetings of the Committee had been
devoted to establishing a list of areas to be considered by the Committee
and developing a priority sequence as follows:
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1)
2)
3),
4)
5)
6)
7)
8)
9)
10)
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Tax Base
Public Capital Facilities
CitYG4~rter and Amendments
City Services
Land Zoning and Utilization
Land Values
Demographic Changes
. Mobility of, Vehicles and People
Inter-Community Relationships
City Administration
Commercial Development
Mr. Neighbors advised that the first report of the Committee would address only
the first three categories.
Mr. Neighbors stated that all members of the Committee had reviewed a draft of
the report at their meeting on November 22ndand unanimously agreed to the con-
tent; that the report had' been prepared during. the holiday season; and was not
being circulated among Committee members, but inasmuch as each member of the
Committee,had not had an opportunity to review the report he would prefer to
present such report to the City Commission in workshop session on Monday,
January 15 , 1979. Mr. Neighbors also stated that; he would be happy to attend
the January 22nd meeting of the Commission to answer any question that might
be asked.
Mayor Dunn expressed the appreciation of the Commission to Mr. Nieghbors and
the Committee noting that,they looked forward to receiving. the report.
CONCERNS OF THE CITY COMMISSION: Membe~s of the Commission agreed to hold a workshop
session on Thursday, January 11th for the purpose, of reviewing the proposed
personnel manual for city employees.
It was agreed that a workshop would be held on Monday, January 15th.for the
purpose of receiving the report of the Long Range Planning Committee.
The City 'Manager was.instructed ,t,o dete~mine the current status of the city's
application' for grant funds for the. construction of a new wastewater treatment
facility. .
CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on
December 27, 1978, were presented for consideration and the following action
taken: Motion by Commissioner Thompson, seconded by Commissioner Sellers,
that minutes of the regular meeting of the City Commission on December 27, 1978
be approved as submitted.
Voting Aye: All
Voting No: None
With no Iurther business to come before the Commission at this time, upon motion
duly made; seconded and carried,. the. meeting .adJourned at. 8: 35 p. m.
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126
REGULAR MEETING OF CITY COMMISSION
January 22, 1979"
The City Commission convened in regular session at the City Hall
January 22, 1979, 7:30 p.m., with the following members present:
presiding, Commissioners Greene, Sellers and Thompson. The City
City Manager were also present. Commissioner Parks was absent.
on Monday,
Mayor Dunn,
Attorney and
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The Invocation was pronounced by Commissioner Thompson.
HEARING OF RESIDENTS:
Mrs. Alyne Gouge, 4131 Dartmo~th, was advised that no architect had been
employed for the proposed remodelin'g of the second floor of the City Hall.
Mayor-Elect Jim Cole requested that the incoming City Commission be
given consideration in the discussion of Agenda items 8,9, 10, 15, 16 and
17, and was advised by Mayor Dunn that each item had been worked on by
the present' City Commission for sometime and that action necessary would be
taken.
Mr. Robert Kendrick, 3127 Amherst, asked why the westerly tennis courts
, at Wier Park were being dest'royed. Mayor Dtinn advised Mr. Kendrick that
plans had been on the drawing board for over two years to separate the
two tennis courts, installation of a temporary fence between the
courts durting construction, eliminating line stabilization, placing
the new slab atop the retaining wall, altering net post to eliminate 1-'
the 'need for drilling and other minor revisions to make play On the courts
safer. It was noted that rehabilitatloh to the courts had been recommended l_J
by members of the Parks and Recreation Board and would be accomplished
with city labor forces.
Mr. Lloyd Flint, 3606 Rice Boulevard, was advised that it was estimated that
rehabilitation of the Wier Park tennis courts-:would cost approximately
$15,000~
Numberous other citizens in attendance at the meeting discussed recent
television appearances byCityManagerJiIIi Brown, street repairs, dis-
tribution of the 1977 'annual report and the date for the installation
of the new City Commission.
RESOLUTION NUMBER 79-1:
Resolution Number 79-1 waspresen ted ,to the Commission and read in full:
WHEREAS, Charles Robert Dunn was appointed Judge of the
Municipal Court of the City of West University Place, Texas on
December 23, 1968; and
,WHEREAS, Charles Robert Dunn is occupying the office of
President-Elect of the Houston Bar Association and soon will assume
the o~fice of President, of the Houston Bar Association; and
wHEREAS, Judge Dunn has submitted his resignation as Judge
of the Municipal Court, which resignation has been accepted by the
City Commission with reluctance and regret; and
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WHEREAS, the City Commission is aware that, Judge Dunn has
conducted the Muriicipal Court with dignity, integrity and im-
partiality; and
WHEREAS, the manner in which Judge Dunn has pre~ided over the
affairs of the Court has caused such Court to be respected and admired
by all persons coming in con~act th~rewith; and
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WHEREAS, Judge Dunn has not only faithfully and ably performed
all duties required of him as Judge of the Municipal Court, but has
also cheerfully, without thought of self, given unstintingly of
his time and energy in doing all things possible to make the Muni-
cipal Court of the City of West University Place one of the most
outstanding in the State of Texas; and
WHEREAS; the City Commission desires to expresp.its appreciation
to Judge Dunn for his distinguished service to the city.
NOW, THEREFORE, BE IT RE~OLVED BY THE CITY COMMISSION OF
THE CITY OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. .That the citizens of the City of West University
place ,Texas, acting' by and 'through their duly elected Mayor and
City Commissioners, do hereby express their sincere appreciation
to Judge Charles Robert Dunn f6rhis many years' of distinguished
service .to the. City as Judge. of the Municipal Court.
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Section 2. That this Resolution be spread upon the official
minutes of the City Commission and that a true and correct copy
of this Resolution, signed by the Mayor andCommissioners\" and
certified by the City Secretary, be delivered to Judge Dunn.
Section 3. This Resolution shall take ef'fect immediately
upon its passage and approval;
PASSED AND APPROVED this 22nd day of January, 1979.
Motion by Commissioner Thompson, seconded by, Commissioner Sellers, that,
with a great deal of pleasure, Resolution Number 79-1 be approved as read.
Voting Aye: All
Voting No: None
MUNICIPAL COURT JUDGE:
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Resolution Number 79-4 was presented to the Commission and read in full:
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WHEREAS, the Honorabie Charles Robert Dunn has submi,tted his
resignation as Judge of the MunicipaTCourt' due to a reorganization
. of his personal business affairs; ,and
WHEREAS, Judge Dunn's: res,ign:at1.on: creates. a necessity for the
City Commission to appoint: a ,qualified attorney to serve as Judge
of the Municipal Court:; and'
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WHEREAS~ the City, C~mmission has discussed w~th Charles
Orsburn, a qualified attorney, . the responsibilities and duties of the
Municipal Court, and he is willing to assume such responsibilities.
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NOW, THEREFORE, BE I~ RESOLVED BY THE CITY COMMISSION OF
THE CITY OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. That the City Commission hereby names and apoints
Charles Orsburn, a pulylieensed and practicing attorney, Judge of
the Municipal Court of the City of We.st University Place, Texas,
and he, is hereby inv~sted with all the p9w'ers and duties as set
forth in the Charter of said City and the Statutes of the State
. of Texas, and he shall enter upon and assume his duties as Judge
of the Municipal Court on January 23, 1979.
, Section 2. That the compensatio~ to be paid to the Judge of the
Municipal Court shall be in accordance with the heretofore adopted
saalary schedule.
Section 3. Th~t Charles Orsburn shall serve as Judge of the
Municipal Court 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
, 1979.
Motion by Commissioner Sellers, seconded by Commissioner Thompson, that
Resolution Number 79-4 be approved as read.
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Voting Aye: All
. Voting No: None
Mayor Dunn administered the Oath to Mr. Orsburn as Judge of the Municipal
Court and congratulated him. It was noted that Mr. Orsburn had served as
an Associate Judge of the Municipal Court for sometime.
Judge Orsburn expressed his appr~ciationfor being appointed Municipal
Court Judge and pledged his best to serve the court.
CANVASS RESULTS OF 1979 GENERAL ELECTION:
Resolution Number 79-2 was presented to the Commission and read in full:
WHEREAS, in accordance with the Charter of the City of West
University Place, Texas; the Texas Election Code and Ordinance
Nurnb.er 1125 of the City of West University Place, a general City Election
was held on Januaiy 20, 1979 ,in the City of West University Place
for the purpose of electing a Mayor and four Commissioners for a two
year term as prescribed by the City Charter; and
WHEREAS, in accordance with the terms and provisions of
Article 8.29a .of the Election Code, the Judges of the election have
made out"signed and delivered in a. 'sealed envelope, the returns of UI\~
said election, together with the poll lists anp tally lists, to the
Mayor and City Commission of the City of West University Place, Texas;
and
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WHEREAS, the Mayor and City Commissioners of the City of West
University Place, Texas, in regula,r session, assembled on January 22,
1979, have opened and examined the election returns and have canvassed
the results thereof in accordance with the provisions"of the City
Charter and the Texas<Election Code and as a result'of such examina-
tion and canvass, said Mayor and City Commissioners find that at
such election the following votes were cast:
Name Candidate Precicnt Precicnt Precinct
for 15 87 133
Mary Ann Binig Mayor 392 482 240
0 . James M. (Jim) Cole Mayor 417 447 486
LD Arnold (Sonny) Ahrens Commissioner 497 510 508
~ James W. (Jim) Cummings ' 'Commissioner 361 469 249
W Val Rosenbaum Commissioner 396 431 463
<X: John L Maneval Commissioner 393 424 471
<t Andy Horne Commissioner 412 ,457 462
Ernest N. Hensen Commissioner 337 460 224
Ron ':]:'aylor ' Commissioner 368 458 239
Betty Sellers Commissioner 373 439 234
129
Precinct
183
430
648
707
437
598
610
644
403
435
419
WHEREAS, as ,a result of suc:h election, it was determined that James
M. (Jim) Cole, with a total of 1998 votes cast for him was elected
MAYOR of the City of West University Place, Texas; and that Arnold
(Sonny) Ahrens, with a total number of 2222 votes cast for him, and
Andy Horne, with a total number of 1975 votes cast, for him, and John
L. Maneval, with a total number of 1898 votes cast for him; and Val
Rosenbaum, w;ith a total number of 1888 votes cast for her, have
been elected Commissioners of the City of West University Place,
Texas.
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NOW, THEREFORE, BE IT RESOLVED BY 'THE CITY COMMISSION OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. That the official results of such election shall be,
and they are hereby, declared pursuant to canvass of the returns of
such election by the Mayor and City Commission to be tha,t;
James M. (Jim) Cole was elected Mayor
Arnold (Sonny) Ahrens was elected Commissioner
Andy Horne was elected Commissioner
John L. Maneval was elected Commissioner
Val Rosenbaum was elected Commissioner
of the City of West University Place, Texas at said election and shall
serve in such capacity until the next regular election of a Mayor and
City Commissioners as prescribed by the City Charter.
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Section 2. That an,exeeuted copy of this Resolution shall be
delivered to each, J~mes M. ,(J.im) Cole, Arnold (Sonny) Ahrens, Andy
Horne, John L. Maneval, and Val Rosenbaum, as his Certificate of
Election, and duplicate copies, hereof shall be delivered to th~
City Secretary of the City of West University Place, Texas.
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PASSED AND APPROVED this
day of
1979.
Motion by Commissioner Thompson, seconded by Commissioner Greene, that with a
great deal of reluctance that Resolution Number 79-3 be approved as read.
Voting Aye: All
Voting No: None
INSTALLATION OF NEW CITY COMMISSION:
Ordinance Number 1129 was presented to the Commission arid read in full:
AN ORDINANCE PROVIDING THAT THE OFFICIALS ELECTED AT THE
GENERAL CITY ELECTION HELD ON JANURY 20, 1979, SHALL TAKE
OFFICE ON THE TWENTY-NINTH (29th) DAY OF JANUARY, 1979; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, by virtue of the provisions of Article 201.b of the
Texas Election Code, th~ City of West University Place 'was prohibited
from holding its regular city~lection on the first Tuesday following
the first Monday in November, 1979; and
WHEREAS, the city was required by said Article to hold its
regular city election on January 20, 1979; and
, ,
WHEREAS, the City Commission desires a fix a time for the officials
election to take office.
, NOW, THEREFORE" BE ORDAINED BY THE CITY COMMISSION OF THE
CITY OF WEST UNlVERS ITY PLACE, TEXAS:
Section 1. That the Mayor and City Commissioners elected at
the city election on January 20, 1979, shall enter upon their duties of
office on the twenty-ninth (29th) day of January, 1979.
Section 2. That this ordinance shall take effect and be in force
immediately from and after its approval and passage as required by law.
PASSED AND APPROVED this
'day of
, 1979.
Motion by Commissioner Thompson, seconded by 'Commissioner Greene, that Ordinance
Number 1129 be approved as read.
Voting Aye: All
Voting No: None
,It was the decision of the City Commission that the special meeting of the City
Commission on Monday, January 29, 1979, be held at the Community Building at
7 : 30 p. m.
REPORT OF LONG RANGE PLANNING COMMITTEE:
Tpe Commission was,advised that it was necessary that the report of the
Long Ran~e,PlanningCommittee which had' been presented, in workshop session
on January 19 , '1?79, be officially accepted.
Motion by Commissioner Thompson, seconded by Commissioner Sellers, that the
report of the Long Range Planning Committee be accepted by the Commission
and that the Committee be thanked for preparation of the report.
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Vot1ng Aye: All
Voting No: None
STREET REPAIR MATERIAL:
An invoice in the amount of $1,100 received from Builders Products , Inc. for
delivery of 20,000 pounds of steep asphalt for use in the city's street repair
program waspresent~d for consideration.
Motion by Commissioner Thompson, "secoIided by Commissioner Sellers ,that an
invoice in the amount of $1,100 submitted by Builders Products, Inc. for
delivery of 20,000 pounds of steep asphalt be approved for payment.
Voting Aye: All
Voting No: None
SOLAR ENERGY SYSTEMS:
Ordinance Number 1130 was presented to the Commission and read in full:
AN ORDINANCE ADDING ARTICLE IV, SECTIONS 18-40 THROUGH
18-46 TO THE CODE OF ORDINANCES OF THE CITY OF WEST UNI-
VERSITYPLACE, TEXAS, BY ADOPTING A SOLAR ENERGY CODE TO
PROVIDE MINIMUM STANDARDS FOR THE DESIGN, CONSTRUCTION,
USE, LOCATION AND MAINTENANCE OF ALL DIRECT SOLAR ENERGY
SYSTEMS; AND ~ROVIDING AN EFFECTIVE DATE.
Discussion of Ordinance No. 1130 resulted in changes to be made as follows:
Section 18-41. Active System to be capitalized and included with other
definitions in the section.
'Section 18-42. Phrase, "use of energy of heat water" to be changed to
read "use of energy to heat water".
Section 18-46(2) The word chapter to be changed to ordinance.
Motion by Commissioner Thompson, seconded by Co.mmissioner Greene that Ordinance
, Number 1130 be approved subject to corrections requested by the Commission.
Voting Aye: All
Voting No: None
VAN FOR USE AS BACKUP AMBULANCE UNIT:
The following recommendation was presented from Chief Ben Wilcher for the
purchase of a one-half ton van to be used by the Fire Department as a backup
, ,
unit for'the ambulance.
In accordance with your instructions the following is a tabulation
of bids received for delivery of a one-half ton 'yan to he used by
the' Fire Department as a backup ambulance unit: '
Chuck Davis Chevrolet
Jimmie Greene Chevrolet
Bob Robertson
Jack Roach Ford
(Alternate Bid - 138" wheelbase)
$ 6,344.00
6,167.32
6,169.49
6,079~42
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It would be my recommendation that we accept the bid of' Jack Roach
Ford for a one-half ton van, with 138" wheelbase, for their bid
price of $6,209.84. The longer wheelbase will provide additional
room in the rear of the van which will better accomodate stretchers,
radio equipment, etc. that will be necessary for use as an ambulance
uni t.
Motion by Commissioner Greene; Seconded by Commissioner Thompson, that the
recommendati(;m of the Fire Chief be accepted and the bid be awarded to Jack
Roach ',Ford Company for delivery of a one-half ton van with 138" wheelbase
for a net delivered price of $6,209.84.
Voting Aye: All
Voting No: None
It was noted that funds for the purchase of the van were included in the 1978
budget but not expended.
FENCE ORDINANCE:
Ordinance Number 1131 was presented to the Commission and read in full:
AN ORDINANCE AMENDING SECTION 6-42 OF THE CODE OF ORDINANCES
OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS BY CHANGING THE
PERMIT FEE PROVISIONS: AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
Section 1. That Section 6-42 of the Code of Ordinances of the City
of West University Place, is hereby amended to read as follows:
"Section 6-42. Permit - Required; fee.
&) Before any fence or wall shall be constructed hereinafter
on any lot, the owner of said lot shall apply to the
Building Inspector for a permit for the erection of said
fence or wall, and the cost of said permit shall be $25.00.
b) In event construction of a fence or wall is commenced
prior to the issuance of ap~rmit for such construction,
a permit fee of $50.00 shall be charged.
c) The Building Inspector is hereby authorized to file a
complaint in the Municipal Court against contractors
constructing a fence or wall prior to the issuance of
a permit for such construction.
d) A permit issued for the construction of any fence or
wall shall be valid for a period of (1) year from
date of issuance.
Section 2. This ordinance shall become effective and be in
force immediately from and after its passage and approval as required by
law.
PASSED AND APPROVED this
day of
, 1979.
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Motion by Commissioner Thompson, seconded by Commissioner Sellers, that
Ordinance Number 1131 be approved as read.
133
Voting Aye: All
Voting No: None
LEGAL SERVICES:
An invoice in the amount of $2,103.90 received from City Attorney David Allums
for legal services rendered during the months of October" November, and Decem-
ber was presented for consideration.
Motion by CoIIUiJissioner Thompson, ,seconded by Commissioner Greene, that the
invoice,in the amount of $2,103.90 submitted by City Attorney David AllUIIiS
be approved for payment.
Voting Aye: All
Voting No: None
ENTEX REQUEST FOR RATE INCREASE:
In accordance with previous ,instructions of the City Commission a request
from Entex, Inc. for a rate increase was included on the agenda. City
Manager Jim Brown ,advised that the increase had been approved by the Rail-
road Commission and that Entex had been advised by certified~mail that the
provisions regarding payment included on their rate sheet for residential
service would have to comply with the provislons included the ordinance
determining and fixing shcedules of rates'.
WATER WELL NO.7:
An invoice in the ,amount of $6,384.26 received from Langford Engineering,
Inc. for professional services rendered in the design of water well no.
7anda 12 inch water transmission line was presented for consideration.
Motion by Commissioner Thompson, seconded by Commissioner Sellers, that the
invoice in the amount of $6,384.26 stiblnitted by: Langford Engineers, Inc. be
approved for payment'. '
Voting Aye : All '
'Voting No:" None
1978 ANNUAL AUDIT REPORT:
An invoice in the amount of $1,500 received from Coopers ,& Lybrand as a progress
billing for services rendered in preparation of the 1978 audit was presented for
consideration.
Motion by Commissioner Thompson, seconded by Commissioner Greene, that an
invoice received from Coopers & Lybrand in the amount"of $1,500 be approved
for payment.
Voting Aye: All
Voting No: None
REMODELING CITY'HALL OFFICES:
In accordance with previous action of the City Cornmisslon, bids received for
installation of carpet in offices on the second floor of the City Hall were
opened and res'tllts announced as follows:
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Carpet World - Milliken
Wal-Con Super Antron
Woodmore
$1,665.00
1,421. 00
1,638.00
Motion by Commissioner Thompson, seconded by Commissioner Greene, that based
on Mr. Brown's knowledge of carp~t that the bid of Carpet World be accepted
for installation of 133-1/3 square yards of Miliken Skyline III carpet with
290 lineal feet of 4" brown cove base.
Commissioner Sellers, stated that a dec~sion, regarding re-location of offices
would be~t, be left to th~ incoming"City Co~ission inasmuch as bids had not
yet been received for the installation of security, doors.
Voting Aye::, Dunn, Greene, Thompson
Voting No: Sellers
REORGANIZATION OF SEVERAL SINGLE FUNCTION DEPARTMENTS INTO SIX MULTI-FUNCTION DEPART-
MENTS:
Ordinance Numberl~32 was presented to the Commission and read in full:
ANORDlNANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
,OF WEST UNlVERSITYPLACE, TEXAS; BY THE ADDITION THERETO
OF A SECTlON. TO BE NUMBER 2_32 ; PROVIDING FOR THERE-
ORGANIZATION OF SEVERAL SINGLE FUNCTION DEPARTMENTS INTO
SIX MULTI-FUNCTION DEPARTMENTS; CREATING APPROPRIATE DE-
PARTMENT HEADS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, there exists in the City of West University Place an
urgent need "to re-organ;i,z~ some several single function departments into
six (6) multi-funct,iondepartments by the scopes of service performed by
each department; and
WHEREAS, these six (6) ~ulti~fun~tion departments shall be adminis-
tered by department heads and shali be identifie~bythe following titles:
Director of Public Works, Director of Community Services, Chief of Police,
Fire Chief, Director of Housing and Community Developme~t and Director of
Finance and Operations; and
WHEREAS, the reorganization requires an organizational plan desig-
natingthe chain of command, and the same is attached hereto and made a
part he:reof; and
WHEREAS, this ordinance shall supersede and take precedence over
conflicts with prior ordinances~
NOW, THEREFORE, 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 Uni-
versity Place, Texas is amended by the addition thereto of a Section
to be numbered Section 2-32 and hereafter said Section 2-32 shall
read as follows:
/
"Section 2-32. That several, single function departments
shall be reorganized into six (6) multi-function departments.
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That these departments shall be identified as the Department
of Public Works" Dep,artment of Community Seryices, Police
Department, Fire Department, Department of Housing and Com-
munity Development and Department of Finance and Operations.,
: . ,\ ~:____ .:1 _' . ....
That each of the six, (6) departments shall be adminis~ered
by'a department head and shall be titled Director of Public
Works, Director of Community Services, Chief of Police, Fire
Chief, Director of Housing and Community Development and Direc-
tor of Finance and Operations.
Section, 2. " That there be an organization plan and/or chart designating
the chain of command and the same be attached hereto and made a part of
such re-organization.
Section 3. That all such previous department designations by ordinance
are hereby declared void.
SectiQn4. That this ordinance shall take effect and be in force from
and after January 22, 1979.
PASSED AND APPROVED this
, 1979.
day of
, '
Motion'by'ComRdssioner Sellers, seconded by Commissioner Greene, that Ordinance
Number 1132 be approved as read.
Voting kye: All
Voting Nq: None
PERSONNEL POLICIES AND PROCEDURES:
Ordinance Number 1133 was presented to the Commission and read in full:
AN ORDINANCE ADOPTING A PERSONNEL POLICES AND PROCEDURES
MANU1\L FOR THE CITY OF WEST UNIVERSITY PLACE, TEXAS; PRO~
VIDING FOR AMENDMENTS THERETO; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, it has been determined that a Personnel Policies and Procedure
Manual is necessary for the City of West University Place, Texas; and
WHEREAS, a proposed Personnel Policies and Procedures Man~al h~s
been submitted to the City Commission for review; and
, '
, ,WHEREAS, theC~ty Commission is of the opinion that said Personnel
Policies and Procedure Manual will provide administrative personnel of
the city with guidelines and procedures; and
WHEREAS, said Policies and Procedure Manual will require amendments
and modifications, thereto from time to time,_in order to comply with local,
state and, federal statute changes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF '
WEST UNIVERSITY PLACE, TEXAS:
Section 1. That the Personnel Policies and Procedure Manual of the
City of West, University Place, Texas, is hereby adopted, in its entirety.
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Section 2. That the administrative staff of the City of West Uni-
versity Place is hereby authorized to make required amendments and/or n
modifications to said Personnel Policies and Procedure Manual as required
by law, with approval of the City Commission. ,
Section 3. This ordinance shall take effect anq be in force im-
mediately' from and after its passage. '
PASSED AND APPRDVED this
day of '
1979.
Motion bY' Commissioner Thompson, seconded by Commissioner Greene, that "with
the concurrence of the City Commission"be added to Chapter II-B-6 and approved
as corrected~
Voting Aye: All
Voting No: None
AIR CONDITIONING SYSTEM AT WEST UNIVERSITY LIBRARY:
The Commission was advised that the compressor on the air conditioning system
at the Library had failed and that two proposals had been'received for neces-
sary repairs. Bellaire Heating and Air C9nditioning Company had quoted
$3,352.84 for repairs to the' air conditioning system using a rebuilt compres-
sor and Air Temperature~ Inc. had quoted $1,902.00 for the installation of a
new Carrier compressor and a four-year wa~ranty for an additional $405.00.
Motion by Commissioner Thompson, seconded by Commissioner Greene, that the
City Manager be authorized to employ Air Temperature, Inc. for installation [
of a new Carrier compressor with a four-year warranty.
Voting Aye: All
Voting No: None
LEGAL MATTERS:
City Attorney David Allums had no matters that required attention of the City
Commis s ion.
CITY MANAGER'S REPORT:
City Manager Jim Brown advised the Commission that he had spoken with Mr.
Benjamin Phil~ips of Moody.'s , and that representatives of that firm desired
to meet with a delegation from the cityfn New York in early February to
discuss how the city will develop alternate financial generating items to
offset revenues restricted by the pass?geof the Charter amendments. Mr.
Brown stated that he had requested Mr.' Phillips to delay rating of the city
until' another portfolio can be prepared.
City Attorney David Allums stated that he had ~poken with ,Mr. Dick Larsen of
Standl:trds and Poor's and had also requested that they' delay rating the city
Until an opinion can be prepared as to the legal effects of the amendments,
especially since they were planning to give the city the lowest possible
rating. W
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Mr. Brown advised that the University of Texas will again provide certain nurs- ::
ing students to work with the city's Service-to-Aging program.
Attention of the City Commission was directed to a donation of $500.00 that
had been made to the West University Employee's Association by Pilgrim Enter-
prises in recognition of good service.
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CONCERNS OF, THE CITY COMMISSION:
Commissioner Sellers suggested that the City Manager advise the incoming City
Commission that Board and Committee appointments were made to provide con-
tinuing service until ne~;~r~ointments are made.
Mayor Dunn"recommended that the incoming City Commission be given an oppor-
tunity to attend the H-GAC annual banquet to be held on Friday, January 26,
1979, if they desire.
Mayor Dunn presented the following letter;
To the Employees of the City of West University Place
Dear Friends:
It would be inappropriate for me to complete this term of
office without officially and formally extending to you,
the employees of the City of West University Place, both
past and present, my heartfelt appreciation for the manner
in which you have conducted yourselves and performed your
duties during the time I have had the privilege to work
with,you.
You have shown me the utmost respect under all circum-
stances, particularly during my tenure as Mayor and I am
indeed proud to have been associated with you for these
brief years.
We have joined together to participate in many activities
which have contributed to the growth of the City of West
University PLace and your steadfast dedication has been a
great inspiration.
My very best wishes are extended to you as individuals and
asa group as you continue your work under the leadership
of the new City Commission.
ZONING AND PLANNING COMMISSION MINUTES:
Minutes of the regular meeting of the Zoning and Planning Commission on
January 9, 1979, were presented to the Commission for their information.
ZONING BOARD OF ADJUSTMENT MINUTES:
Minutes of the regular meeting of the Zoning Board of Adjustment on January
17, 1979, were presented to the Commission for their information.
CITY COMMISSION MINUTES:
Minutes of the regular meeting of the City Commission on January 8, 1979, were
presented for consideration and the following action taken: Motion by Commis-
sioner Thompson, seconded by Commissioner Sellers, that minutes of the regular
meeting of the City Commission on January 8, 1979, be approved as submitted.
Voting Aye: All
Voting No: None
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With no further business to come before the Commission at this time, upon motion duly
made, seconded and carried, the meeting adjourned at io:oo p;m.
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SPECIAL CITY COMMISSION MEETING
,January 29, ,1979
The City Commission convened in special session at the West University Community
Building oil. Monday, January 29; 1979, with the following members present: Mayor
Dunn, presiding; Commissioners Green~,'Parks, Sellers and Thompson. The City
Manager and City Attorney were also present.
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The Invocation was pronounced by Dr. Le Ray Fowler, Pastor, West University
Baptist Church.
MinUt,es of :the regular meeting of the City Commission on January' 22, 1979; were
presented to the Commission for consideration and the following action,taken:
Motion~ by Commissioner Thompson, seconded by Commissioner Sellers, that minutes
of the regular meeting of the CIty Coillmission on January 22, 1979, be approved
as submitted. ' ,
Voting Aye: All
Voting No: None
Mayor DunnW'elcomed those in attendance and announced that the purpose of, the
meeting was for administering the Oath of Office and installatton of the City
Commission elect, noting that for many years the citizens of West University
had been fortunate to have shared the benefits of a city government administered
in what had been considred to be an ~dealenvironment, free of political motiva-
tion and personal ambition on the part of its elected officials.
Mayor Dunn stated that he wanted to publicly express his appr~ciation to the
present City Commission for the'cooperativespirit which had prevailed and for
the'courage they repeatedly demonstrated in making decisions ,which were felt to
be in the best interest of the'cityand its 'future.
Mayor Pro-Tem J. B. Thompson was introduced by Mayor Dunn.
After introduction by Mayor Dunn, Commissioner Sellers expressed her appreciation
for having been elected to serve as a member of the City Commission, noting that
members of the Commission had a variety of backgrounds and points of view~ and
that dis~greements led to the exploration of all points of an issue. Mrs.
Sellers advised members of the Comm.ission-elect that difficult decisions were
ahead for them and that they wo~id'find tl:1e city's'staff very dedicated and
competent. Mrs. Sellers noted that there were many citizens'who contributed
their services as members of volunteer boards and committees.
Mayor Dunn introduced Commissioner Ben Greene who exPressed his congratulations
to the new City Commission and wished them well in all their endeavors.
Mayor Dunn introduced Commissioner Michael Parks who stated-,thaLthe ,chall~nge
had now been laid out and expressed his'wishes for success of, the new Connnission.
Mayor Dunn introduced Mayor-Elect James M. Cole'and Coinlnissioners-Elect Sonny
Ahrens, Andy Horne" John Maneval and Val Rosenbaum.
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Following the introductions, Mayor Dunn advised the Commission-elect that as
members of the City Commission they had been elected at a time when public
reaction against government had sought relief at the lowest level of govern-
ment and that the difficulties of performing the duties of the Commission
were great under normal circumstances, but ,that the new Commission will be
faced with the prospect of continuation of the emotional sentiment expressed
during the election. ' ,
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Mayor Dunn noted that it had been stated and~pliedthat West University is
is standing still and has no ,room for growth so that the demands for financial
support should not be increasing, but that the new Commission would, find ,that
the city is growing, if not in numbers, in problems and needs. Mayor Dunn
stated that a resume had been prepared of a number ,of projects in process and
many open items to be considered. Mayor Dunn further ,stated that the City of
West University Place had been labeled a City of Pride and well it should be;
elected officials, citizens and perhaps the city's greatest asset, its,employees,
have worked for years to earn its present reputation and the label should be
prominently displayed and stubbornley protected.
Mayor Dunn invited Mayor-Elect Jim Cole and Commissioners-Elect Sonny Ahrens,
Andy Horne, John Maneval, and Val Rosenbaum to come ,forward to receive the Oath
of Office to be administered by the Honorable Phil Peden, Judge, First Court of
Civil Appeals, State of Texas.
The Oath of Office as Mayor of the City of West U~iversity Place was administered
to Mr. James M. Cole by the Honorable Phil Peden, Associate Justice, 'First Court
of Civil Appeals of the State of Texas.
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The Oath of Office as Commissioners of the City of West University Place was ,ad-
ministered to, Sonny Ahrens, Andy Horne, John Maneval and ,Val ,Rosenbaum by the
Honorable Phil Peden, Associate Justice, First Court of Civil Appeals of the
State of Texas.
Mayor Dunn, Commissioners Greene, Parks, Sellers and Thompson retired from the
Council table at this time.
Mayor Cole welcomed those in attendanceand,thanked the outgoing Mayor'and City
Commission for their kind words. Mayor Cole noted that the new City Commission
did have problems that'would have to befa<::ed and that they would be, looking
for some help from those that had ' served before inasmuch as the new, Commission
did not have the benefit of the experience others had gained.
Mayor Cole stated that he had no prepared speech developed for the program, but
would like to make a, few comments which came, :from his heart. He, noted that the
vote in the election on January 20, 1979, indicated the need for. change in West
University and his belief that the new Commission could provide the stabiliza-
tiouneeded to keep West , University a city of fine homes and single family dwell-
ings. Mayor Cole' requested that all'members,of current boards and commit~ees
continue to serve in their present positions inasmuch as the new Commission had
less than eight days for a period of transition.
Commissioner Ahrens stated that he had attended a number of me'etings of the City U
Commission had had disagreed with actions taken and decisions made, but that he ,
had grown to respect the integrity of persons serving on the Commission and ,
would like to express his appreciation to each of them.
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Mayor Cole advised that in accordance with the prOV1S1ons of the City Charter
it was necessary that a Mayor Pro~Tem be elected.
Commissioner Horne nominated Commissioner Ahrens to serve as MayorPro-Tem
inasmuch as he received more votes in the rec~nt election than',any other single
candidate, with a total of 2222, indicating a desire on the part of citizens
from both parties to have Sonny Ahrens serve as'a member of the Commission.
Motion by Commissioner Maneval, seconded by Commissioner Horne, that nominations
for the offi~e of Mayor Pro-Tem cease.
Voting Aye: All
Voting No: None
Resolution Number 79-5 was presented to the Commission and read in full:
WHEREAS, a d.tyelection was held on the twentieth day of January,
1979, ,in the City of West University Place, Texas, for the purpose of
electing a Mayor and four members of the City Commission; and
WHEREAS, the votes cast at the election on January 20; 1979,
were canvassed by members of the City Commission on the date of January 22,
1979, and it was determined that Mi:'. Jim Cole had been duly elected Mayor
and that Sonny Ahrens".Andy Horne, JohIiManeval and'ValRosenbaum had been
duly elected as Commissioners of the , City of West Uni.vetsity, Place, Texas;
and
WHEREAS, in special ceremonies of the City Commission held at the
West University Community Building on January 29, 1979, each of the
,above named persons were administered the'Oath of Office and duly in-
stalled in their respective elected'positions; and
WHEREAS, upon proper motion and second, Commissioner Sonny Ahrens
was elected Mayor Pro-Tem of the' ,Ci~YAjf West Uriiversity Place, Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
WEST ,UNlVERS ITY PLACE, '" TEXAS:
Section 1. That Mayor Jim Cole and Mayor Pro"":Tem Sonny Ahrens be
and they are hereby, designated and authorized to sign or countersign
checks drawn on all banks or financial, institutions serving as depository
for funds of the City of West University Place, Texas, and any ,banks or
finailcialinstitutions which may be hereinafter designated as depository
of city funds during the term of their'office.
, Section 2. Be it further resolved that all prOV1S10ns of such
prior Resolutions, as may conflict'herewith are hereby~expressly repealed;
and be it further resolved that the City Treasurer be, and he is her~by
directed, to furnish each depository bank, or financial institution with
which the ci.tyhas funds on deposit, or withwhich,the city may transact
any banking business, a. true'and correct 'Copy' of this Resolution.
PASSED AND APPROVED this
day of
, 1979.
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Motion by Commissioner Ahrens, seconded,byCommissioner Horne, that Resolution
Number 79-5 be approved as read.
Voting Aye: All
Voting No:,' None
Resolution Number 79~6 was presented to the Commission and read in full:
WHEREAS, Mr. David G. Allums has heretofore been appotnted City
Attorney of the City of West University Place, Texas;'and
WHEREAS, Mr. Charles Orsburn has heretofore been appointed Judge
of the Municipal Court of theCity of West University Place, Texas; and
WHEREAS, Mr. Thomas Clarke has heretofore been appointed Assistant
City Attorney and Prosecutor of the City of West University Place, Texas; and
WHEREAS~ Mr. Terry Collins and Mr. 'Michael Schneider have heretofore
been appointed Associate Judges of the Municipal Court of the City of
West University Place, Texas; and,
WHEREAS, Ms. Betsy Coleman and Mr. Thomas Taylor have heretofore
been appointed Associate Prosecutors of the Municipal Court of the City
of West University Place, Texas;,' and
WHEREAS, each of these,persons is duly licensed and a practicing
attorney; and
.'WHEREAS,theCityCommissiondesires to re-appoint said David Allums,
Charles Orsburn, Thomas Clarke, Terry Collins, Michaelli Schneider, Betsy
Coleman 'and Thomas Taylor to the aforementioned positions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. That David G. Allums is hereby appointed City Attorney
of the City of West University Place.
Section 2; That Charles Orsburn is hereby, appointed Judge of the
Municipal Court of the City of West University Place.
Section 3., That Thomas Clarke is hereby 'appointed Assistant City
Attorney and ,Prosecutor of theCity of: West University'Place.
Section 4.,' That Terry: Collins and Michael Schneider are hereby
appointed Associate Judges of the Municipal Court of the City of West
University Place.
Section 5~ That Betsy Coleman and Mr. Thomas Taylor are hereby
appointed Associate Prosecutors of the Municipal Court of the City of
West University Place.
Section 6. That each of these persons is hereby 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.
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Section 7. Said David Allums, Charles Orsburn, Thomqs Clarke, Terry
Collins, Michael Schneider; Betsy Coleman and Thomas Taylor shall receive
as compensation for their duties the amount heretofore provided for such'
position.
, ,
Section 8. That the terms of Terry Collins ,Michael Schneider, Betsy
Coleman and Thomas Taylor be for a period of sixty (60) days and that
such sixty (60) day appoiritment ruri coric~rrentli with-a previous appoint"':
ment which expries February 9;'1979.
Section 9. David G. Allums, Charles Orsburn and Thomas Clarke
shall serve in such cap aci'tf,e s wit;Ll the next regular 'City General
Election, and thereafter until the appointment andqualffication'of their
successors, unless ~emoved 'from 'said p~sition 'during Slrch period by the
Ci ty Co:mriJ.ission.
PASSED AND APPROVED this'
day of
, '1979.
Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that Resolution
Number 79-6 be approved as read .
Voting Aye:. All
.,
Voting No: None
Resolution Number 79-7 was presented to the Comffiission' and re'ad in 'full:'
WHEREAS~, it is the duty' of t~e CityComri1i~sion ,of the City of West
University Place, Texas, as sOQn as pia~tical after the election of a
new City Co:mriJ.isslon, to appoint a City Treasurer, Tax-Assessor/Collector;
and Assistant, as may be necessary to transact the city's financial affairs;
and ," ,
WHEREAs~ the City Commission was elected: at: the last regular election
held on the,twentieth day of January 1979.
NOW, THEREFORE, BE IT RESOLVED' BY THE CITY COMMISSIOR OF THE CITY OF
WEST UNIVERSITY PLACE~,' TEXAS:'
Section 1. The City Commission' hereby names ,arid appoint~ Robbie R:.
Barnett as City Treasurer and Tax-Assessor/Collector of the City of West
University Place, Tex~s, and he is hereby invested,with all the duties
and responsibilities as set forth in the Charter of said City and the
Statutes of the State of Texas.
Section 2. The' City Conmiission' hereby names and appoints Virginia
Hood as Assistant City Treasurer and'AssistantTax'ASs'essor/Collector of
the City of WeEit: UniversityPlace~ Texas~ >
Section 3. That each official hereby ap~oi~ted shall receive monthly
compensation for the perforinance:oftheir du€ies;'iri'ilccordance with the
heretofore adopted salary schedule.
Section 4. The persons appointed, to >,the re'spective offices: shall
serve until the next regular City General Election, and thereafter until
the'appointment and qualificatfon'oftheir'successors, unless discharged
by the City Commission for just cause.
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PASSED AND APPRO\mn 1-1,; '"
day of.
, 1979.
Motion by GommissionerAhrens, seconded by Commissioner Horne, that Resolution
Number 79-7 be approved as read.
,voting Aye: All
Voting No: None
Mayor Cole announced that the next item to be addressed by the City Commission
were the proposed Charter amendments as approved at a special elec~ion held on
January 20, 1979.
Commissioner Horne stated that the smoothness of the form of the Commission
was not as important as, the quality of its action and thought:fulness put into
such action.ConUnissioner Horne continued that the rhetoric of the election
campaign was now at an end and that it was time to take action to examine the
issues openly and with sobriety and a great deal of thoroughness. Mr. Horne
noted that during the campaign many questions were posed to all candidates
regarding the legality and constitutionality of the proposed amendments.
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Mr. Horne stated that he would request and recommend ,to the Commission that the
City Attorney submit a written opinion regarding the constitutionality and legality
of Propositions 1 and 2 as passed by the voters on January 20, 1978, and that he
would further recommend that the City Attorney take the steps necessary to seek
through the procedures that are provided, an opinion from the Attorney General
concerning these precise Propositions and that consideration of the amendments
be tabled until such opinions are, available. Mr. Horne stated that there was 0
a great deal of legal talent in the community and that the Commission would '
welcome any insight that would help in making the right decision.
Commissioner Ahrens stated that the Oath of Office taken by each member of the
City Commission stated that they would "uphold the Constitution of Texas"
and that it was his belief that it was incumbent upon the Commission to first
determine the constitutionality of the amendments.
Motion by Commissioner Horne, seconded by Commissioner Ahrens, that the City
Commission instruct the City Attorney to prepare a written legal opinion con-
cerning the constitutionality and legality of the proposed charter amendments
and to take the necessary steps to obtain an opinion from the Attorney General
of the State of Texas in Austin.
Voting Aye: All
Voting No: None
Mayor Cole advised those in attendance that he had been advised by City Attorney
David Allums that representatives of, the bond 'rating firms had stated that the
city's bond rating would remain the same A, plus i twas prior to the, election. Mr.
Allums is to keep the rating compan~es advised regarding determination of the
legality of Proposition 1 and 2.
Mayor Cole expressed appr~ciation for the attendance at the meeting of some
100 to 150 residents.
Members of the City Commission introduced their families.
Upon motion duly, made, seconded and carried, the meeting adjourned at 8 :00 p.m.
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REGULAR CITY COMMISSION MEETING
Febrtiary12;1978'
The City Commission convened in regular s~ssion at the City Hall on Monday,
February 12, 1979, with the .following members present: Mayor Cole, presiding;
Commissioners Ahrens, Horne, Maneval and Rosenbaum. The City Attorney and City
Manager were also present.
The Invocation was pronounced by Mayor Cole.
CITY COMMISSION MINUTES: Mayor Cole asked those in attendance at the meeting
whether they desired that minutes 'of a speciat'meeting of the City Com-
mission on January 29,1979, be read. In response to a request that only
highlights'of' the meeting be reviewed, Commissioner Ahrens briefly out-
lined minutes of the meeting. '
Commissioner Ahrens requested tha "1978" referred to in theminutes'regard-
ing previous minutes of the City Commission be corrected to reflect "1979"
and Commissioner Horne requested that ,the name "Charles Collins" referred
to in Section '9 of Resolution Number 79~fj be corrected to show correct
name as "Charles Orsburn".
Motion by Commissioner Maneval, seconded by Commissioner Horne, that minutes
of the special meeting of the City Commission on January 29, 1979, be
approved as corrected.
Voting Aye: All
Voting No: None
HEARING OF RESIDENTS: Mr. Frank Scheicher, 6105 Fordham, advised the Commission
that last summer he had taken some questionnaires and that he had found
approximately ten (10) people who were willing to help the city and ways
in which they could help. Mr. Schleicher presented the completed questionnaires
to members of the Commission.
Mrs. Margaret Hollowell, 4016 Swarthmore, requested that the Commission give
consideration to construction'of a bus shelter in the city for the con-
venience of those residents riding buses. .Mayor Cole advised' 'Mrs. Hollowell
that in view of the resignation of the small cities'representativetothe
Metropoli tan Transi t ' Authority he would be working with., other area mayors
to select a replacement and that a meeting would be held at' the West Uni-
versity City Hall on Wednesday, February 14th by the representatives of the
Citizens Advisory Board of.the MTA.
Mr. Jerry Kerbow, 2630 University Boulevard, asked for the deadline for ren-
dering taxes, noting that it was important enough" that it should be well
publicized. Mr. Kerbow also asked that if.it was unlikely that an opinion
would be received from the Attorney General regarding the Charter amendments
approved in a city election on January 20, 1979, should all citizens render
their property. City Attorney 'David Allums advised Mr. Kerbow,that all
citizens have the opportunity to render their property at what they consider
to be a fair market value each year, and that 'the law' required that all
property be assed at a fair market value; Mr. Allums noted that he did not
think the fair market value of 1977 would be the 'same as 1979. Mayor Cole
advised Mr. Kerbow that after a statement has been received determining
the constitutionality of the amendments there were still steps that would
have to be taken prior to the amendments becoming effective. City Attorney
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Allums reviewed the ,taxing ,system whereby the Tax Board of Bqualiz,atlbn re-
solves problems created by a difference in taxes as rendered 'by the property
and assessed by the Tax Assess,o:riCollector.
" '. _ :"':-J~ .
Mr. Allt1IIls stated that 'he would. fti:rrtishthe COnllrtission-his opinion nO'later
than the next regular meeting. MayotC;oleadvised'thosein attendance the
Commission would hold a public meeting to discuss'further plans. Commissioner
Horne stated that inasmuch as the present Corinnics~ion had' no input' in the pre-
paration" of the current budget theCommissicinwouldreview the budget oria
as requested basis. ' '
Mr. Allums briefly reviewed the provisions of the Faar Taxation law which became
effective January 1, 1979.
, ,
In response to a question from Mr. FerdReiger, 6516 Brompton Road~ regarding
his request to the Attorney General, Mr. Allums advised thathehadno~requested
an opinion because cities werenoi included in the statute'prescribing f0r whom
the Attorney General may render opinions, but that he was attempting toabtain
such opinion by other means.
Mr. Joseph Watson, 4116 Sunset, requested that the City Commission make funds
available for all firemen to attend paramedic school.
Mrs. Nancy Tucker; 2903 University, appeared before the Commission regarding
the improvements being made at the Wier Park tennis courts, noting that con-
struction of :theimprovements were in process and that she would like for the
Commission to stop work until the location of the seam be discussed with the
Parks Board in view of the recommendation of the 'TennisCorinnittee that such
seaJ,D. be located outside the' 'doubles playing area.' Mrs. Tucker noted that the
cost of the project would be greater as now planned inasmuch as the light
standards would have to :be re-locatedand that plans calle'dfor theinstalla-
tion of two separate locations for net posts. It was the decision of the City
Commission that the matter, berefer!ed to the City Manager in order that he
and his staff could meet with Mrs. Tucker to discuss the economics of each pro-
posal.
Mr. Philip Feser, 3324 Robinhood, advised the Commission that the previous Com-
mission wanted to separate the two tennis courts because of the possibility of
Someone getting hurt; stating further that people running,over the seam 'could
fall and if it leg were broken' the,Ci ty would have, a prohlem~
FENCE ORDINANCE PROVISIONS' ' Mayor Cole advised those in attendance that as the City
Commission proceeded with the rest of" the agenda',:;'he wOllld welcome statements of
facts on agenda items but did not want per~onal oPinions.
Mr. James Jones, 3916Ar~old, advised the Commission that he had replaced an
existing brick fence with a cedar fence and had:beenadvised,by the Building
Inspectorthatdhe'had not obtained a permit for the' fence construction and
that the eight (8') foot fence was in violation of the fence ordinance which
provides for the construction of six (6') foot fences. Mr. Jones stated that
he did not see why the cltywantedto charge him $50.00 for tearing down an
old fence and putting up a new fence. Mr. Jones 'noted that.the ordinances
regarding fence construction showed that the height requirement had been six
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(6') feet, increased to eight, (8') feet and returned to six (6') feet. Mr.
Jones asked what he could do to have the eight (8') foot fence provision re-
turned inasmuch as he did not want to cut his fence off.
[
City Manager Jim Brown advised the Commission that there were currently a
number of fences, in the city in viola.tion of the ordinance and that there werE~
instances where a six (6') foot fence constructed at a house located on pier
and beams dld not provide the desired privacy. and where an eight (8') foot
fence constructed next to a, house built on a ,slab cut off light and air. Mr.
Brown also noted that earth contpurs varied within the city affecting the
height of some fences. Mr. Brown stated that the previous City Commission
had given consideration to a reco~endation to permit erection of eight (8')
foot fences where consent was obtained from the adjoining property owners.
Following a discussion regarding the need for study of the provisions of the
,fence ordinance; it not being included ip.provisions of the city's zoning
ordinance; 8ndthe inability of the ,Commission to ,grant a variance to an
,ordinance, Mayor Cole asked if Mr. Jones would be willing to serve, as a member
of a committee to study the fence ordinance.
Mr~ Larry Smith, 2823 Bissonnet, stated that other prov~s~ons of the fence
ardinance n~eded to be looked at and also agreed to serve on the committee.
City Attorney David Allums responded to Mr. Woodson's reference to the previous
Commission's action by noting that during the time the 1979 budget was being
considered it had been recommended that fees be increased in order to relieve
the tax burden, and that Mr. Perry had recommended increasing fees in the In-
spection Department.
Mrs. Dorothy Clary, 4131 Ruskin, advised.Mr.Woodson and others that permits
are required for the benefit of property owners to insure work ,being done
by competent people and in compliance with applicable state laws.
RESOLUTlON HONORING "POLICEMAN" OF THE YEAR: Resolution Number 79-8 was presented
to the Commission and read in full:
WHEREAS, Chief of Police William Norman, Jr. has heretofore been
requested to submit the name of a police officer to the 100 Club of
Houston to be designated by the Club as West University Police Depart-
ment "Officer of the Year"; and '
'WHEREAS, Chief Norman has examined the records and activities of
the Police Department for the year 1978; and
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WHEREAS, it was determined that the record of service of Officer
James Bryant was of 'suelt'.exemplary nature that his, nariie~ should be submitted
to the 100 Club of Houston as "Officer of the Year"; and
, '
WHEREAS, the 100 Club of Houston has selected James Bryant as
"Officer of the Year". for ,the City of West'Uniy~:tsity Place and the award
for such honor was presented on January 30, 1979;~nd
, "
". .. . . - . .
wHEREAS, the City Commission wishes to express it's congratulations
to Officer James Bryant for his exemplary service during ,the year 1978 and
for his selection as "Officer' of the Y~ar". ' '
NOW, THEREFORE~ BElT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF WEST UNIVERSITY PLACE, 'TEXAS:
Section 1. That the City Commission he~ebyexpresses its apprecia-
tion to Officer James Bryant of the City of West University Place Police
Departme~t f9r his exemplary service to the city >~nd the citiz~ns thereof.
Section 2.' The City Commission offers its sincere congratulations
to Officer James Bryant 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 Com-
missioners shall be pres~nted to Of~icer Jame~'Br~ant. '
PASSED AND APPROVED this 12th day' of February, 1979.
Motion by Commissioner ,Horne, seconded by Commissioner Rosenbaum, that Resolution
Number 79~8 be approved as read~
Voting Aye: All
Voting No: None
Mayor.Cole congratulated Officer, Bryant and those in attendance at the Commission
meeting gave him a standing ovation. '
HOUSTON-GALVESTON AREA COUNCIL; The Commission w~s advised that a delegate and alternate
should be designated to serve as the city's representative to the Houstqn-
Galveston Area Council and that such a delegate would be a part of an application
review committee which screened applications filed by all area cities for federal
funding.
Motion by Commissioner Horne, seconded by Commissioner' Ahrens, "that Commissioner
Rosenbaum be d~signated as th~, deJ,egate for th,.e City of West University Place
to the Houston-GalvestonAre~Council and that Commissioner Maneval be designated
. - <.. -
as the Alternate Delegate.
Voting Aye: AlL,'
Voting No:.' None
Resolution Number 79-9 was presented to the Commission and read in full:
WHEREAS, City Officials have determined that it is to the best
interest of the citizens of this city to continue its membership in
the Houston-Glaveston Area Council; and
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WHEREAS, the By-Laws of the Houston-Galveston Area Council re-
quires the appointment of a duly elected representative of each of
the governmental units for the year 1979.
NOW, THEREFORE, BELT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS:
lJ
Section 1. T4at, Commissioner Rosenbaum be and she is hereby, de-
signated.as :!,:t:srepresentative to the General Membership Body of the
Houston-Galveston Area C()uncil for the year 1979~
SectiQn 2. That the official Alternate authorized to serve as
the'votii.lg delegate should the hereinbefore named delegate become in-
eligible' or should she resign, is Commissioner Maneval.
Section 3. That the Executive Director of the Houston-Galveston
Area Council be notified of the designation of the hereinabove named
delegate and alternate.
PASSED ~D APPROVED this
day of
, 1979.
Motion by Commissioner Ahrens, seconded by Commissioner Horne, that the word
"absent" be after "ineligible" in Section 2 and Resolution Number 79-9
be,approved'as amended.
Voting Aye: All
Voting'No: None
DEPUTY CLERKS OF THE MUNICIPAL COURT: Resolution Number 79-10 was presented to
the Commissi~n and read in,flill subsequ~ntto an explanat~onthat Police U
Department dispatchers also serve as Deputy Clerks of the Municipal Court
and are not compensated for such additional service.
, WHEREAS, Elaine Schultz and Leah Walters, employed as Police
Dispatchers and appointed Deputy Clerks of the Municipal Court of the
City of West University Place, Texas, have resigned their positions
with the city; and
WHEREAS, Lana,Sadler and Robil1 Rothrock,have been,employed,as
Police Dispatchers, and are qualified to assume the duties of Deputy
Clerks of the Municipal Court.
NOW" TlIElillFOR$, :!3E IT. RESOLVED BY THE CITY COMMISSION OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS:
. - . .. ..
Section 1. That Lana Sadler and Robin Rothrock 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 ot Sana Salder and Robin Rothrock
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 assume the assigned duties of Deputy Clerk after having
been adIDtnistered the proper Oath of Office.
PASSED AND APPROVED this
day 0 f
, 1979.
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Motion by Commissioner Rosenbaum, seconded by Commissioner Horne, that Resolu-
tion Number,79~10'be approved as read.
Voting Aye:' A~l'
,Vot{ng No: None
REPAIRS TO PUMP UNIT ON HIGH PRESSmm SEWER TRUCK: An invoice in the amount of
$3,373.67 received from Naylor Supply Company was presented together with
an explanation that pump damage had occurred during recent freezing weather
and that repairs were an emergency in order to return the unit to service. '
It was noted that the sum of $l~.OOO was provided in the 1919 budget for
repairs and maintenance :of' equipment in the Sewage Treatment Div{sion.'
The City Manager recommended payment of the invoice and Public Works Director
David Steitle stated that the operator of the equipment had been instructed
in the proper winterization process 'of the equipment'and there was now some
external heat which could be applied to the unit in severe weather.
Commissioner Ahrens directed attention to the fact that the invoice total was
$3,373.67, while a total of the materials used and freight on the pump from
the factory totaled only $2,977.67 leaving a discreparicy of $396.00.
Motion by Commissioner Horne, ~econdedby Commissioner Rosenbaum, that the
invoice' be returned to Naylor' Supply Company- with a request' 'that it be"
clarified.
Voting Aye:' All
Voting, No: None
AUTOMOTIVE REQUIREMENTS: Following a discussion by members of the Commission regard-
ing the advisability of holding bids on a four--;doorsedan'foruse of. the Adminis~
trative Department and four police patrol units for furth~r study, Chief of ~olice
Bill Norman' advis~d that his recommendation would be that the J;>oliceDepartment
continue, totise the units now in service and: replace: such' 'un'its ,on an as needed,
basis.
Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that bids re~
ce~ved for delivery of a four-door sedan and four police patrQl units be re~
turned to the bidders unopened.
, Voting Aye: All
Voting No: None
Bids received for delivery ofa cab and chassis for use by the Street and Sani~
tation Departments were opened' and results announced as follows:
BIDDER
SANITATION
DEPARTMENT
STREET
DEPARTMENT
"David Truck' & Equipment
AstroTrucks
'Net Bid
Base Bid"
"Trade-In' '
Net ,Bid ,
Base Bid
Trade-In
Net Bid
Base Bid
Trade-In
Net Bid
16, ~20,.00
. -0-
, 17 ,6,13. 00
1,400.00
16,213.00
14,504.10
800.00
13,704.00
14,527.39
1,250.00
13,277.39
South Loop Ford
15,363.91
1,500.00
13,863.91
15,034.04
2,425.00
12,607.04
Trucks of Texas
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Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that bids
received for delivery of two cabs and chassis be referred to the Public Works U
Director, Sanitation Superintendent and Street Superintendent to determine that ,-
bids meet the city's specifications with a recommendation'to be presented to the
City Commission at its next regular meeting on February 26, 1979.
Voting Aye: All
VotiIlg No: None
Commissioner Ahrens requested that other dealers be contacted in an effort
to determin~ what is necessary to attract more than two or three bids on
equipment.
AMBULANCE, RENOVATION:,' Bids received for, the renovation of, the city's ambulance
were opened and results announced as follows:
Bidder
~odular Ambulance Corp. Net Bid
'Superior Southwest, Inc. Net Bid
$11,286.00
11 , 700 . 00
Motion by Commissioner Horne, seconded by Commissioner Maneval, that bids
received for'delivery of a cab and chassis ,for the, ambulance unit be
referred to Chief Wilcher for analysis and a report concerning possible
resale of the used cab and chassis in order to stay within the budgeted
amount, with'a recommendation to be ,presented to the Commission at its next
regular meeting on February 26, 1979.
Voting Aye: All
Voting No: ,None
c
SANITATION DEPARTMENT PACKER BODY: ,Bids received for delivery of one packer
body for use by the Sanitation Department were opened and results announced
as follows:
Bidder
Davis Truck & Equipment
Base Bid
Trade-In
Net Bid
Base Bid
Trade- In'
Net Bid
Base Bid
Trade-In
Net Price
Astro Truck
Ambassador Equipment
$10,645.00
2,500.00
8,145.00
9,830.00
2,100.00
7 , 730 . 00 '
10,395.00 (Alternat~)
2,555.00
8,020.00
10,395.00
2,555.00
7,840.00
Motion by Commissioner Ahrens, seconded by Commissioner Rosenbaum that bids
received for delivery of a packer body be referred to the Public Works De-
partment for tabulation with a recommendation to be presented to the City
Commission at its next regular meeting on February 26, 1979.
Voting Aye: All
Voting No: None
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OFFICE EQUIPMENT: Bids received for delivery of three electric typewriters were
opened and results announced as follows:
Bidder
Price Each
Total nid Priee
IBM
Royal Business Machines
$ 810.00
750.00
$,2,430.00
2,250.00,
The Commission was ,advised that the sum of $1,000 had been included in the
1979 Municipal Court budget for the purchase of a typewriter, and $900 in-
cluded in the Finance Department budget for 1979 with additional funds neces-
sary for purchase being obtained from sums encumbered:frompreviousFinance
Department budgets for, capital purchases.
Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that bids
received for delivery of three electric typewriters be referred to the-~Finafice
Department for analysis with a recommendation to be presented to the Commis-
sion at its next regular meeting on February 26, 1979.
Voting Aye: All
Voting No: None
FINANCE DEPARTMENT CASH REGISTER: The single bid received for delivery of a cash
register for use of the Finance Department was presented to the Commission.
The Commission reviewed proposed changes 'to be made ,in the Finance Depart-
ment operation and determined it best to postpone receipt,of bids for pur-
chase of a cash register.
Motion by Commissioner Horne, seconded'by Commissioner Rosenbaum, that the
bid,received for delivery of a cash ,register be returned ' unopened and ap-
preciation expressed to the ,bidder for his submission. '
Voting Aye: All
Voting No: None
POLICE DEPARTMENT ELECTRONIC SIRENS: Bids opened for delivery of two electronic
sirens to be mounted on police patrol units were opened and results announced
as follows:
Bidder
Price Each
Total Bid Price
Kenzack Communications
M-S Sales
Modus Operandi
346.00
422.40
392.00
692.00
844.80
784.98
Chief Norman advised the Commission that the electronic sirens were replace-
ment units for units now in service that did not meet requirements.
Motion by Commissioner Maneval; seconded by Commissioner Ahrens, that,bids
'received for delivery of two (2) electronic':sirens be referred to Police
Chief Bill Norman for tabulation with a recommendation to'be presented to
the City Commission at its next regular meeting on February 26, 1979.
Voting Aye: All
Voting No: None
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DESIGNATION OF BANK DEPOSITORIES: The Commission was advised that it was necessary
each year for the designation:of banking institutions to 'serve as depositories
for city funds.
Motion by Connnissioner Horne" seconded by Commissioner Rosenbaum, that pursuant
to Article 2559, Texas Civil Statutes, the City Manager and his staff be auth-
orized to prepare the necessary notice for publication in the proper newspaper
of general circulation requesting applications frombanking'instftutions.
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Voting Aye:, All
Voting No:, None
BELLAlRE BOULEVARD WATER T.TNF.' ,Bids received Jor the installation of. approximately
1900 ,linear' feet of ten' (l0") inch ductile iron water pipe and appurtenances
were opened and results announced as follows: '
Bidder
T ;1mr . ~l1m R;~
Brown &, Root
Whitelak
Marathon
B & T Construction
Redico Construction
$ 67,150.00
85;250.00
85,906.00
97,758~10
67,676.00
In response to a question' by Comrilissioner Ahrens, regarding source of, revenue
for paYment of, the project, the City Manager advised, that funds were avail-
able in the Water Reserve Fund.
Motion by Connnissioner Horne, seconded by Commissioner Ahrens, that bids re-
ceived for the construction of 1900. linear feet of water line on Bellaire
Boulevard be referred to the Public Works Director for study and to the
Finance Department for details on financing, with such reports to be avail-
able for consideration of the City Commission in workshop session on Monday,
February 19, 1979.
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Voting Aye:' 'All
Voting No: None
LEGAL MATTERS: City Attorney David Allums advised the Commission that he had no
matters for their consideration at this time.
CITY MANAGER'S REPORT: City Manager Jim Brown advised that he had no report for
the meeting.
CONCERNS OF THE CITY COMMISSION: In response to a question from Mayor Cole regard-
ing delivery of forms to be used to record citizen complaints, Mr. Brown stated
such forms would be delivered on Friday, February 16, 1979~ and the program
implemented on Monday, February 19th. '
Mayor Cole advised that Mr. Donald H. Fidler, representative of area cities
on the Metropolitan Transit Authority had submitted his resignation and any
reconnnendations for a replacement should be submitted.
()
Mr. Tom Kelley, 3511 Corondo Court, was advised that discussion of the Police IJ'
Reserve Unit was not in order inasmuch as it was not on the posted agenda,
however, members of the Commission agreed to discuss the matter subsequent
to adjournment.
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Mayor Cole thanked ,those.citizens in attendailce at ,:the meeting.,
Commissioner Horne thanked the group for attending, noting that their attendance
was requested at the meeting on February 26th and each regular meetIng of the
City Commission to provide their comments and advice.
Mr. Faulkner, 5820 Annapolis, reviewed action in ,the City of Bellaire regard-
ing erection of street barricades, tax measures ,in the State of California,
seeking of publicity by the newly elected Commission, and requested that
that the City Commission take a good look before they jump.
ELECTRICAL BOARD ,MINUTES AND PARKS AND RECREATION BOARD MINUTES: Motion by Commis-
sioner Horne, seconded by Commissioner Rosenbaum, that minutes of the regular
meeting of the Electrical Board on January 22, 1979 and that minutes of the
meeting of the Parks and Recreation Board oIiJanuary 30, 1979, be accepted
by the City Commission.
Voting Aye: All
Voting No: None
ADJOURNMENT: Wit~ no further business to come before the Commission at this time,
upon motion duly made, seconded and carried, the meeting adjourned at 10:45
p.m.
~/?1~
,', Mayor '
ATTEST:
~',c?~
Assistant City Secretary
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REGULAR CITY COMMISSION MEETING
February 26, 1979
The City Commission convened 'in regular session at the City Hall on Monday,
February 16, 1979, 7: 30 p.m., with the following members present: Mayor Cole,
presiding;Commiss-ioners Ahrens; Hor.ne, Maneval and Rosenbi'lUm. The City Attorney
and City Manager were also'present.
The Invoication was pronounced byComIDissioner Ahrens:
CITY COMMISSION MINUTES: 'Minutes ,of: the regular meeting of the City Commission
on February 12,1979, were presented for consideration.
Motion by ComIDissionerManeval, s'econded,by Commissioner Rosenb'aum, that
minutes of the regular meeting of the City Commission'on February 12, 1979,
be approved as submitted.
Voting Aye: All
Voting No: None
HEARING OF,RESTl1EN'T'S' ,Patrolman Maurice Anderson, West University Police Depart-
ment presented the following letter to members of the City Commission:
On February 24, 1979, the West University Place Police Officer's
Association met in emergency session to discuss the charges of
police misconduct that appeared in an article printed in the
February 21, 1979 issue of the Southwestern Argus.
This statement is issued with the unanimous consent of the West
University Place Police Officer's Association.
The article states, in part, "West University Commissioners and
residents have labeled the city's police reserve force a device
to enable regular policemen to work outside the city at private
security jobs while on duty....." This state is'erroneolls and
without foundation. There is no evidence to our knowledge, that
supports such a statement. Such conduct, on any officer's part
would constitute a criminal offense. If any person has knowledge
of such conduct, we demand that they come forward and air it
publicly. If there are facts to support such an extreme allega-
tion of misconduct then the individuals with the information have
a moral obligation to present them to the District Attorney's
Office for prosecution. If in the event that no evidence exists
to support such an allegation, we ask the responsible individuals
to recognize it as slander and make an immediate retraction and a
formal apology to the members of the West University Place Police
Department.
Respectfully submitted
WEST UNIVERSITY PLACE POLICE
OFFICERS ASSOCIATION
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Mr. John Bartholomew, 3324Pittsburg, advised the Commission that he had
two matters he would like to present for consideration, the first being
bicycle lanes that. had been marked on some of the citys~r.eets to pro-
vide a place not oilly Jor' riding bikes, but also for' jogg:lng, etc.. and
to call attention of motorists that there were bicycle ~ridersin the area.
Mr. Bartholomew noted that motorists were driving in the bicycle lanes
and it was his belief that the program should either be enforced or abandoned
because it gives children a sense of false security, and he urged that the
Commission do something one way or the other.
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Mr. Bartholomew's second request was for consideration of reinstatement of
an eight (8' ) foot fence height :limit that was previously 'in force for a
short period of time. Mr. Bartholomew stated that a fence eight (8') foot
in height would provide privacy and security inasmuch as it would be a
deterrent to would-be burglers, and would stop people from moving up and
down between houses.
o
Mr. Bruce White, 4012 Swarthmore; advised that in October, 1978, he wrote
to Building Inspector Wayne Perry ,regarding a zoning violation in 'his
neighborhood and in November, 1978, he wrote a second letter requesting a
reply to his first letter ahdto date had received no responsecto either
of his requests . Mr. White further stated that in October, ^1979. he
appeared before the Tax Board of Equalization to advise that he disagreed
with their property evaluation. Mr. White stated that he had been advised
by Mr. Chuck Gillan, Chairman of the:Tax Board of Equalization, that he
would receive either written or'oral response and neither had ever been
received, noting, however; that he had :received a,call from Mr. Don T;:tllent
in' October. 'Mr. Whitereit:erated his request that he be provided answers
to his questions.
Mr,. White was assured that: his correspondence would be researched : and
proper response made to all' of "this questions'.
Mr. Charles Evans, 6131 Lake Street, requested that the Commissilon give
consideration to his request for an exception to the requirement that
two (2) -parking spaces per dwelling unit must be provided for ,'all dwell-
ing units. Mr. Evans stated that his garage was not usable as a garage
and he would like to convert it to another:use, but was advised by the
Inspection Department that he could not convert the,garage inasmuch as
there would not be enough remaining area in',his driveway for parking two
vehicles.
The City Manager was instructed to research Mr. Evans' problem and report
back to the CityConnnission ^andto Mr. EVans.
Mr. W. L. Partridge, 4040 Ruskin, stated that there were too many dogs
running around the neighborhood ,and that there were also too many cats in
the area.
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Mrs. Dorothy Clarey" 4131 Ruskin stated~that',there were numerous instances of
Junkca:tsl~ftinfrontyardSOrithe,grass~ : Specifically mentioned were<cars
located at the corner of' Weslayan:and:Rice."
Mr.' Lloyd Flint, 3606 Rice, asked if it was true that the Police'Chief had
abandoned and disbanded the police reserve. City Manager Jim Brown responded
that as of last week the Chief of Police had advised that the status of the
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status of the reserve ,unit was inactive and that the city's insurance carrier U--J
had been so notified. Mr. Brown stated that the ordin'ance creating the reserve "
unit could not be abandoned, but that ,the unit was inactive and all badges and
identification would be returned. Mr. Brown advised that the primary reason for
the inactive status of the reserve unit was the fact that it h~d created a
situation in the community that had resulted~in hardship for the full~time patrol-
men.
Mr. Bud Conely, 4148 Oberlin, asked what :had happened toa program whereby the
ci~y picked up large items such as old refrigerators, that had previously been
provided for residents. In response to a question regarding passage of an
ordinanCe controlling rent property, City Attorney David Allums advised that
there were no provisions to provide for control of rent property other than health
and safety factors.
In response to a remark by Mrs. Dorothy Clarey regarding notification of new
residents regarding rules and regulations in effect within the city, the City
Managetwas instructed to provide members of the Commission with copies of a
brochure of regulations furnished to new residents.
Mr. Philip Feser, 3324 Robinhood, was advised that discussion of the rehabilita-
tion of the tennis' courts at Wier, Park:was to ,be dis'cussed later on the agenda.
BIDS NOT OPENED IN REGULAR SESSION ON MONDAY. FEBRUARY. 12.1979: Attention of the
Commission was directed to, the fact that bids submitted on automotive equipment by
Chuck Davis Chevrolet and Jimmie Greene' Chevrolet had also contained bids on n
Units 117 and Unit 118; cab chassis'units, for the :Street and Sanitation De- U'
partments which should be opened and considered with other bids received on,
February 12th.
Bids submitted by Chuck Davis Chevroletahd Jimmie Greene Chevrolet ~ordelivery
of two cab and chassis units were opened and:results announced as follows:
Bidder
Unitf17
Unit :/18
Chuck Davis Chevrolet Base Bid
Trade....in
Net Price
Jimmie Green Chevrolet: 'Base Bid
Trade.,..in,
Net Price
14,378.18
800.00.
, 13,578.18
13,607.41
, 1,000.00
12,607.41
15,569.56
2,000.00
13 ,569.00
19,621. 70
3,000.00
16,621. 70
The City Commission"instructed that'consideration of 'bids received for delivery of
cab and chassis units for the Street and Sanitation Departments be put on the
agenda for a recessed meeting of the City Commission on Tuesday, February 27,
1979.
WATER WELL NUMBER 7: The City Commission was requested to move consideration of this
agenda item to the recessed meeting. In response to a question regarding the
percentage of the project costrepresentiIig erigine~eting fees, those in attendance u.:,.,.'
at the meeting: were' advised that such percentage wouldbe'apprQximately 8% to 9%, ,
and the estimated total cost of the project washetween"$225,000/$250 ,000.
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THREE (3) ELECTRIC TYPEWltITERS: A recommendation was presented to the City
Commission from. Director of Finance Robbie Barnett for the purchase of
three (3) IBM elect'r4.c, typewriters for use in the Finance"'Department, and
Municipal Court~ It was noted that nine persons on staff had used'the
Royal, typewriter that had been furnised as a demonstration unit and each
had expressed 'a preference 'for the IBM typewriters.
Motion by Commissioner Maneval, s,econded by Commissioner Rosenbaum, that
the proposal from IBM be accepted for delivery of three (3) electric
typewriters for a total bid price of $2430.00.
Voting;Aye: All
, Voting' No: None
SEWER JET REPAIRS: In accordance with instructions of the City Commission a
corrected invoice from Naylor Supply Company, in the amount of $3,373.67
for repairs 'made to the sewer jet machine pump waS presented for considera-
tion with ,an explanation that the discrepancies resulted from an ommission
of labor charges in the amount of $396.00 on the previous invoice.
Motion by Commissioner Horne,
corrected involcefrom Naylor
be approved for' payment.
seconded by Commissioner Ahrens, that the
Supply Company in the amount of $3,373.67
Voting Aye:, All
Voting No: None
TWO (2) ELECTRONIC SIRENS: A recormi1endation'fromChief of Police William Norman
was presented for purchase of two (2) electronic sirens from Modus Operandi
fora net delivered price of $784.98, inasmuch as the low bid submitted by
Kenzac Communications for'delivery of two (2) North American model sirens
did not meet spedfication's~
Motion, by,' Commissioner
bid submitted by Modus
sirens for a total bid
Rosenbaum~ 'seconded by Commissioner Horne, that the
Operandi for delivery of two '(2) Federal electronic
price of $784.98 be accepted. '
Voting Aye: ,All"
Voting No:, None
AMBULANCE UNIT CAB AND CHASSIS: ' The Commission was presented a recommendation from
Fire Chief Ben Wilcher for the purchase of a new cab and chassis for use with
the city's ambulance uilit from Modular Ambulance Corporation on their low
bid of$~O~286.00.
Motion'by'Commissioner Horne, seconded,by COIll1Ilissioner Maneval, that 'the bid
submitt'ed by Modlihlr Ambulance': Corporation be "acaepted for ; deli very of a cab
and chassis for the total delivered 'price of $10 ,286.00;
Vating Aye : All,
Voting No: None
WATER SYSTEM VALVES: City'EngineerDavidSteitle advised the Commission that in
accordance with, their, instructions; at' 'the p,resentation' by Fire Chief" Ben
Wilcher, Finance Director Robbie Barnett and Director of ~ublic Works David
Steitle, concerning the installation of a ten (10") inch water line on
Bellaire Boulevard, a study had been made on the availability of water to
particular areas of the city.
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160
Mr. Steitle noted that an investigation had been made with the help of the
Water Department and' FirE~ Department, in' the are,a of primary conc~rn, College
Court Addition, north of ~issonnet. Mr. Steitle report~d that fire flow in u~
the area in May of 1978 ranged from 410 gpmto 530 gpm, whereas Chief Wilcher's
records indicated that the fire, flow for the same'area ranged between 750 gpm
to 860 gpm on February 24, 1977, thus leading him to believe there were some
suspect valves in the area. A further investigation indicated closed valves
at Judson and Community, South Judson and Fairmont and Coleridge at Westpoint,
and that there were some other valveprobl~ms which when corrected will bring
the flow back. '
In reply to a question regarding a search for valves in the southeast quadrant
of the city where the proposed ten (10") inch water line is to be located, Mr.
Steitle indicated that there were had not been sufficient time to complete the
the investigation.
In response to a question regarding removal of an existing four (4") inch line
from Brompton to, Buffalo or replacing the line with a s'ix (6") inch line, Mr.
Steitle replied that on a per foor basis it would ,be more expensive because of
a conflict with existing utilities.
It was the decision of, the City Commission that further dis~cussion on this item
be included on the agenda fora workshop session on Tuesday, February 27th.
LEGAL MATTERS: City Attorney David Allums advised the Commission that the city had
been threatened with a 400 million dollar suit as a result of an arrest the
Police made of an intoxicated driver.
Mr~ Allums stated that he had received a call from former City Attorney Charles
Cockrell requesting that he take, over a suit filed against the city by former
members of the Police and Fire Departments for collection of sick leave benefits
they believed due upon the termination of their employment, which had been set
for trial on April 9th. Mr. Allums noted that the previous City Commission had
made arrangements with, Mr. Cockrell for the prosecution of the'suit and he had
spent thirteen (13) hours on preparation of the suit payable at'$60.00 per hour.
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The Commission instructed Mr. Allums to assume the prosecution in the case of
Ash vs City of West University Place from former City Attorney Charles Cockrell
and to advise Mr. Cockrell to submit an invoice for his services to the Commission.
Attention of,;:the Commission was directed to -the' fact that a resident on Ruskin
Street was in the process of pouring a concrete curb and gutter in open defiance
of the need for a permit for such construction as well as the instructions of the
Building Inspector and Director of Public Works. ,Mr. 'Allums stated that he had
been requested to seek a restraining order, to stop further construction. It was
pointed out to the Commission that' such construction ,oIl. a street without curbs
and gutters would create problems for adjacent property owners. The Commission
instructed Mr. Allums to proceed as necessary to stop the construction.
Mr. Allums advised that some tax suits had also be held by Mr. Cockrell and
that he would investigate the current status'of such suits.
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Mr. Allums presented each member of the Commission a copy-of his opinion on
the two charter ~endments approved by voters in the gen~,Ial city election on
January 20, 1979,~stating,that his opinion th~t theamend~ents are inconsistent
with state statutes has not changed and could be interpreted a number of dif-
ferent ways. Mr. Allums noted that the two amendments would have the effect of
alteration or elimination of the assessment and equalization function., Mr.
Allums recommended that members of the Commission explore'other means available
to carry out the intent of the amendments to limit spending.
CITY MANAGER'S REPORT:' 'City Manager Jim Brown advised the Commission that in response
to their request for additional information regarding'the rehabilitation of the
Wier Park tennis courts,_he had requested that Mr. Joe Williams, Chairman of the
Parks and Recreation Board, appear before :the Cominission. "
Mr. Williams stated that it was the recommendation of the Parks and Recreation
Board that the courts be Placed eight (8') feet apart with the seam located
two (2") inches outside the doubles lin~. Location of separat~ dead man posts
twelve (12') feet apart will permit the desired twelve (12') foot separation at
a later _' date if the sea,m is a good_ one. Mr. Williams stated ,that it was his
recommen4ation that the courts be resurfaced at this time.
Mr. BroWn advised that he had attended a Regi~n? meeting of the Texas City
Management ASsociation in Bay toWn and that a represe~tative of the Texas Muni-
cipal League had appeared before the group to report on several bills that have
been introduced to the Texas Legislature with which the League is 'concerned.
, ,
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Mr. Brown enume;rated the _ following,bills:: ,Collec1t:i. ve bargaining for ~ll city
employees; r~moving jurisdiction ,from 'cities over utilities; extending police
probation period from six to twelve month~; allowing chief of pol{ceandfire
departments to hire their oWn assistants in or outside departments; requirement
that cities must pay interest,oA,uti~ity dep?sits; requiring plaintiff to pay
court costs; Speedy Trial Actextend~d fr.om thirty days to sixty days.
, ,
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It was the decision of the Comniissionthatas elected officials they need to
make a stand and take a position and the City Manager was requested to furnish
the Commission with Legislative Committees, bill sponsors, names of members of
Committees and their districts.
Mr. Brown advised the Commission that Mr. Gary Caparechi of the auditing firm
of Coopers & Lybrand would ,like to meet with them prior to beginning work on
the audit of the city's books, ~ac,cotiri.ts and' records.
CONCERNS OF THE, CIty COMMISS IO.~:Members 'of the CotnIllission ele,cted to hold a work-
shop sess:lon on Monday, March 5th forthep:urpos'~ ':of meeting ,members of boards
and committees not met previously and ariotherworkshopon March 7th to further
discuss the Police Reserve Unit, to include a report from Mayor Cole, City
Manager Jim Brown, Chief Bill Norman and activities of other cities regarding
police ,reserve units.
City Manager Jim Brown read' the following statement.
In reference to my response on January 21, 1979 Channel 11 newscast regarding
Don Quarller's question, "What is, the worst thing ,that could happen to West Uni-
. "'
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162
versity from the tax amendeIIlIlt?" "We could find ourselves in a comparable
situation to what happened in the Height,s during the '50s and '60s. On
that particular date I had no int~nt ~o make any statement~ha~would be
degrading or derogatory to West Univers,ity Place' anq. its ,citiznes. I made
a statement based, ,on an observation not with intent oLhurting, anyone,
though my statement was taken by some as degrading to \tJ'~stUniversity.
I offer that not as an excuse but as an explanation andapologiz~ for any
inconvenience' but not for the statement."
Mr. Brown advised the Commission that the 1977 Annual Report was now ready
for mailing as soon as manpower was available to label, the envelopes and
~tuff-the reports.'
. " . . . . . . . ".
Commissioner Ahrens sta~ed that, he would like tor every citizen, city
employee and members of all volUnteer boards and committees to kilOW that
he and other members of the Commis~ion,:were available to discuss any problems
and that the time for not allowing: communication has,ended and should have
ended sometime ago. Mr.' Brown responded that the EEOC had guidelines that
must be followed by city employees~
BOARD AND COMMISSION MINUTES: Minute~, of the regular meeting of the Zoning Board
of Adjustment' on February 21st, the' Elect~ical: Bo~i-d on Febrtrkry 19th and a
regular meeting of the Zoning and Planning Commission on F~bruaryl3th and a
special meeting on February 21st were accepted by the Commission as presented
for their information.', '
AMENDED AGENDA ITEM: The Commission was advised that consideration should be given
to Resolution Number 79-11 setting forth a project schedule for the c~nstruction
of a new wastewater treatment fa:cili,tyin,accordance withr~quirementsof the
Environmental, Protection AgencY: 'and Texas: Department ,of Water Resources.
Resolution Number 79-11 was presented to the Commission and rea~ in full:
WHEREAS, the City of, ,Wes't Un;i.yersitY Place, Texas has'made appli-
cation to the Texas Department of' Water Resources and the Environmental
Protection Agency for a Federal grant pursuant to the Federal Water
Pollution Control Act"Amendments of 1971, Public Law' 91-500, and the rules
and regulations thereto;
, '
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. That, tne application for which Federal grant assis-
tance has been requested pursuant to the Federal Water Pollution Control
Act Amendments of 1971, Public Law 92-500, will be constructed to
completion in accordan~e with the laws"rules, and regulations and with
the following project schedule.
'General InfonUation,
Date applicant's share of project cost
will be available
N/A
Current
Upon sale of unvoted
bonds.
Step 1
Step 2
Step 3
Date site(s) for project facilities'
will be available.
Current
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Pro;ect Schedule
STEP 1
A. Infiltration/Inflow Analysis
(with Evaluation Survey Plan of Study if
required) completed & submitted to State
after' Step' 1 grant
B. Infiltration/Inflow Evaluation Sutvey'(if
required), completed & submitted to State
after grant amendment for Survey
C. Application for Waste Control Permit
(if required) made no later than
after Public Hearing notice for Facility
Plan is issued.
D. Final Environmental Assessment and
Facility Plan (including time for draft
reports, advertisement & hearing)
completed and submitted to the State
after Step 1 grant award.
STEP 2
A.'User Charge System and Industrial
Cost Recovery System (if required)
developed and submitted to the State
after Step 2 grant award.
B. Preliminary Plan of Operation (if required)
completed and submitted to the State
after Step 2 grant award.
C. Final Plans and Specifications,
completed and submitted to State
after Step 2 grant award.
STEP 3
A. Advertise for Construction Bids within
after authorization to advertise for
bids has been issued.
B. Submit Bid Opening Documents within
after authorization to award the contract
has been issued.
C. Award"Construction Contract within
after authorization to award the contract
has been issued.
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163
Cci:t~~dar Days
N/A
N/A
N/A
N/A
150
150
270
30
30
30
days
days,
days
days
days
days
days
days
days
days
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~ Calendar Days
D. Initiation of Construction within 30 days
,after award of the contract.
\
E. Complete Construction within '365, days
after initiation of' construction.
Section 2. Be it further resolved, that the City of West University
Place understands that the above project schedule must be approved by the
Texas Department, of Water Resources'and the Environmental Protection Agency,
and that once a project schedule has been, approved,' nO changes will be authorized
without first receiving approval of the change from the Texas'Department of
Water Resources and the Environmental Protection Agency.
PASSED AND APPROVED this the 26th'dayof February, 1979.
Motion by Commissioner Ahrens, seconded by Commissioner Horne, that Resolution
Number 79-11 be approved as read.
Voting Aye: All
Voting No: None
With no further business to come before the Commission at this time, upon motion
duly made, seconded and carried, the meeting was.recessed at 10:30 p.m~' until
7:30 p.m., Tuesday, February 27, 1979.
ATTEST:
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Assistant City Secretary
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CITY COMMISSION RECESSED MEETING
, , February 27, 1979
The City Commission convened in recessed session at the City Hall on Tuesday,
February 27, 1979, 7:30 p.m., with the following members present: Mayor Cole,
presiding; Commissioners Ahrens, Horne, Maneval and ,Rosenbaum. TheCityMana-
ger was also present.
Mayor Cole called the meeting to order announcing that the purpose of the meet-
,ing was for consideration of items on the agenda posted for February 26, 1979,
which had not been considered by the City Commission at that time.
The Commission was advised,thatthe invoice from Langford Engineering, Inc.
for engineering services rendered on water well #7:was not in house, and would
be included on the agenda for consideration at the next regular meeting of the
City Commission on'March 12, 1979.
In accordance with instructions of the ,City Commission, City Manager Jim Brc>Wll
presented the following recommendation from Director of Public Works David
Steitle for purchase of two cab and chassis units and a packer body.
I have reviewed the bidder's proposals for cab and chassis units
and a packer body for the Public Works Department. The following
are recommended low bid purchases of equipment that meet minimum
bid requirements:
1. New 1979 Model Sanitation Truck
from South Loop Ford Truck Sales, Inc. .......;.$15,363.91 base bid
2. New Packer Garbage Body ,
from Astro Truck Sales........................~.$7,730.00net bid
3. New 1979 Model Street Truck
from Trucks of Texas, Inc.......................$13,277.29 net bid
I trust this information will be of assistance.
I
Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that the
base bid of $15,363.91 submitted by South Loop Ford Truck Sales, Inc. for de-
livery of a 1979 Ford cab and chassis for the Sanitation Department be accepted.
Voting Aye: All
Voting No: None
Discussion of the recommendation for purchase of a new GMC cab and chassis for
the Street Department on their low bid of $13,277.39 submitted by Trucks of
Texas, Inc. indicated that a bid on such unit wa~nQt, read at the meeting of
the City Commission on February 12, 1979, when bids were opened and read aloud.
Such bid, however, was included in the tabulation in the minutes of the meet-
ing inasmuch as tabulations for inclusion in minutes are made from the bids
rather than from tabulations made at the bid opening. Additionaldiscussion
covered the legality of awarding a contract for a bid not read at an open meet-
ing of the Commission, legal position of the bidder inasmuch as the bid had
been received and an oversight resulted in its not being read, and the cost dif-
ference between the next bid and the low bid submitted by Trucks of Texas, Inc.
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Motion by Commissioner Maneval, seconded
of Trucks of Texas, Inc. be accepted for
on their low bid of $13,277.29
by Commissioner Horne, that the bid
delivery of a new GMC cab and chassis
Voting Aye: Cole
Horne
; Maneval ,
Voting No: Ahrens
Rosenbaum
Members of the City Commission recommended that consideration be given to the
preparation of a more useful, bid tabulation form, that all bids received for
delivery of any equipment be double checked to insure proper reading of bids,
and that all bidders since ; February 1, 1979, be thanked for submitting a' bid
and advised that bidding procedures will, be changed in 'the future. .'
Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that the low
bid of $7,730.00 submitted by Astro'Truck Sales for delivery of aPak-Mor packer
body for use in the Sanitation Department be accepted.
Voting Aye: All
Voting No: None
Upon motion duly made, seconded and carried, the meeting adjourned at 8:15 p.m.
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ATTEST:
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Assistant City Secretary
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REGULAR CITY COMMISSION MEETING
March 12, 1979
The City Commission convened in regular session at the City Hall on Monday, March
12, 1979, 7:30 p.m., with the following members present: Mayor Cole, presiding;
Commissioners Ahrens,: Horne, Maneval and Rosenbaum. The City Attorney and City
Manager were also present.
The Invocation was pronounced by Commissioner' 'Horne.
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CITY COMMISSION MINUTES:. Minutes of'the regular meeting of the City Commission on
,February 26, 1979, and a recessed meeting on February 27 , 1979, were presented
to the Cotrim:is'i:don 'for their consideration.
Motion by Commissioner Maneval, seconded by Commissioner Horne, that minutes
of the regular meeting of the City Commission on'February 27, 1979, were
presented to the Commission for their consideration.
Motion by, Commissioner Maneval~ seconded by Commissioner Horne, that minutes
of the regular meeting of the City Commission on February 26, 1979, be approved
as corrected to show the date Mr. Bruce White appeared before the Tax Board
of Equalization as October, 1978, and that minutes of the recessed meeting of
the City Commission on February 27, 1979~ be approved as submitted.
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Voting Aye: All'
Voting No: None
HEARING OF RESIDENTS: Mr. Vince Hurley, 2804 University, requested that a review be
made of the city's health in,8urance by him inasmuch as he had thirty years ex-
perience in the field. Mr~ Hurley further requested that the City Manager
furnish the necessary data. "
Mrs. Lexis Hazlett', 6420 Sewanee, advised the Commission that she had'
gotten a permit'for the enclosure of a porch and that a hollow core door
had been installed rather than' a solid core door and that only a bath-
room type lock had been installed. Mrs. Hazlett also noted that an eight (8')
foot fence, had been constructed only a yard f~om her home with an adjacent swim-" I
mingpool agairisther living room windows permitting all of the resultant
noises from use of the pool to penetrate he:t home.
Mr. Jim Cummings,' 3820 BroWning, urequested information regarding plans
of the City Commission regarding the tax referendum. Mr. Cummings expressed
his concern with a reported pay as you go plan for the construction of a
new wastewater treatment facility by a monthly assessment of $5.00 on
each,r~sidentialwater'billandexpressed, a'desire'that such plan be
Closely compared with a twerity'(20) year bond issue.
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Mr. Jerry Kerbow, 2630 Urii versJ:ty Boulevard ; noted that a resident paying
a monthly fee would receive no' credit' on his taxes whereas payment of taxes
is deductible from income taxes.
Mr. ,M. P. Sims, 6632 Mercer; stated 'that he had not received information
regarding the status of Amendment :land Amendment 2 which had been approved
by voters and what had been done.
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In response to a request by Mayor Cole, City Attorney David Allums
reviewed the contents of'his opinion previously furnished the City
Commission that the two ame~dments were in conflict with state statutes
and that passage of an enabling ordinance by the City Commission would
not be legal. Mr. Allums stated that he was in the process of re-
searching alternatives that could he 'used by the Commission.
Mr. Charles Evans, 6131 Lake, advised the Commission that he had not
received a response, regarding his previous appearance before the
Commission to request a variance from requirements that each single-
family dwelling be required to have two (2) off-street parking spaces.
City Manag~r Jim Brown advised Mr. Evans that a field visit had been
made to his residence and that,he would, be advised regarding his re-
quest as soon as background information could be developed.
In response~to a qtiest;lon by Mr.~Tom Browder, 6352 Buffalo Speedway,
City Attorney David Allums advised that he was currently documenting
with legal cases the tax amendment question for the City Commission and
that such, documentation should be complete within the next few .weeks.
Mr. W. L. Partridge, 4040 Ruskin, asked whether or not motorcycles were
permitted to drive on sidewalks, noting ,that: some drivers were using
driveways and sidewalks to get around the cul-de~saclocated at Academy
and Ruskin. Mayor Cole instructed that the Police Department be
instructed to investigate the situation. Mr. Partridge again advised
the Commission that there were too ~any loose dogs running around.
Mayor Cole advised that in response to' the, concern of Mr. Cummings re-
garding adding a monthly fee of $5.00 to each water bill to generate
funds prior to the construction of uhenew wastewater treatment facility
that such thought was to accumlate funds that would be available at the
time "they would be, required, but that it was on1.Y one thought for financ-
ing the plant. Mr. Cummings agreed to provide the Conuni,ssion with costs
for financing of the plant construction with bond funds.
REQUEST FOR THE, CHANGE OF SECTION 15-2 (g) OF THE CODE OF ORDINANCES; Mr. Mike
Lee, 4104 Cason;hp.d,requeste9. permission to appear before the Commission
to present a reques~ Tor the change of Section 15-2(g) of,the Code of
Ordinances which provides that the erection, demolition, alteration or
repair of any, building be performed only, ,between the hours of 7: 00 a. m.
and 6:00,p.m. on any day other than Sunday, which is excluded in its
entirety.,
Mr. Lee noted that this particular provision of the Code of Ordinances had
been violated ,many ' times over ~ very long period of. ,time, by other residents
who worked full-time and warttedto make repairs, additions, etc. to their
homes during ,the hours ,that were available to them. Attention to the Com-
: mission, was directed to a provision in the, Code that prohibited loud noise
only between the hours of 11 :00 p.m. and 7,: 00 a.m.
Mayor Cole, noted that many of the pers.ons" in attendance at the meeting were
in support of Mr. Lee's request :and requested that, such persons ,respond to
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the question. Discussion developed many who were concerned with lack of
adequate inspection of work performed during non-working hours of members
of thelnspectiori~~p~~tment;violations that had occurre4rover the years
that were, not stopped 'because no complaints had been registered; the prohibi-
tion of painting~ correcting water/sewer related:problems and none noise pro-
ducing activities only because they related to building repair, remodeling,
etc.
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The City Manager was instructed to secure from affected city department heads
their recommendations and/or objections to an amendment to 'the Code and pre-
sent such information to the Commission:by Friday; March 16th 'for further
study at a workshop session on Monday, March 19th. Mayor Cole invited all
those in attendance to attend the workshop session.
ENGINEERING SERVICES, WATER WELL NO.7: The Commission was presented an invoice
in the amount of $1,422.43 submitted by Langford Engineering; Inc. for pro-
fessional serVices' rendered on the"design of : water well /17 and the design of
the twelve (12") inch water transmission: line. ' 'In response to a question by
Commissioner Ahrens regarding whether or not the plans for the proposed water
well would be'just as valuahle, and pertinent two or'three years from now, City
Engineer David Steitle responded that it was his belief' that they would be
valid for two or three years at the most.
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Motion by Commissioner Maneval, seconded by ConnnissionerAhrens, that the
invoice submitted by Langford Engineering, Inc. in the amount of $1,422.43
be approved for payment.
Voting ,-Aye: All'
,Voting No: ,None
12" WATER LINE REPAIRS: An invoice in the amount of $12,069.12 submitted by
Brown & Root, Inc. ,:for repairs made to a twelve (12")" inch water'line at
Shell Development Company which is the site of one of the city's elevated
water towers" was" presented to the,' Commission for consideration; It was
noted that a rupture had occurred in the line resulting in considerable
damage to surrounding Shell Development Company property. An agreement
was entered into with Brown & Root on an emergency basis for repairs on a
cost plus basis.
In response to ,a-question regarding receipt aLa letter from Shell
Development Compariy that they are satisfied with the repairs~ Mayor Cole
was advised that a verbal assurance had been received that they were satis-
fied with the work~ but not with the interruption to their operation.
Motion by Commissioner Horne" se,conded by Commissioner, Maneval, that an
invoice submitted:by"Brown &, Root" Inc~ for -repair~ made to a 12" water
line be approved for payment.
Voting Aye: All
Voting NQ: None
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WATER TREATMENT FACILITY REPAIRS: Invoices received from A. 'n T. Armature Works
total'$1~600 for repairs to a 10h:p. ,lift station, motor at the College
Court lift plant and a 50 h.p. booster pump at, the Milton Street Water Plant
were presented for consideration.
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Motion by Commissioner Maneval,secoridedby Commissioner Horne, that
invoices totaling $1,600 submitted, by A.'n T. Armature Works for re-
pairs to a lift station motor and' booster pump be approved, for pay-:-
men t .
Voting Aye: All
Voting No: None
SANITARY LANDFILL SOIL BORINGS AND~LABORATORY'TESTS: ,Ariinvoicein the amount
or $4 ~ 694.59 submitted by NationaLSoil Services, Inc. for soil borings
and laboratory tests. at the sanitary landfill in accordance with re-
quirements of the Texas Department of Health was, presented for considera-
tion.
Discussionbymembers'of the Commission indicated that charges for travel
were reasonable and that the contract with National Soil Services, Inc.
was approximately fifty percent complete.
Motion by CommissionerAhrens~'Becondedby Commissioner Maneval, that
the invoice from National Soil Services, Inc~,in'the amount of $4,694.59,
be approved for payment.
Voting' Aye:H All
Voting No: None
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DESIGNATION OF BANKING INSTITUTIONS AS DEPOSITORY ,FOR CITY FUNDS: 'City Manager
Jim Brown requested that this ltem be deferred until the regular Commission Dr
meeting on March 26th and he be authorized tore-advertise for proposals
from local banking institutions for designation as bank depositories.
Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that
, the City' Manager be authorized to advertise for proposals ,from local
banking institutions for designation as bank depositories, with such
proposals to be received by the City Manager on March 26, 1979.
Voting Aye: All
Voting No: None
WEST UNIVERSITY POLICE RESERVE UNIT: Commissioner Horne advised those in atten-
dance that the current'Police Reserve Unit came into existence by amotiqn
by the previous City Commission, on November 13, 1978.
Motion by Commissioner Horne~ seconded by, Commissioner Rosenbaum, that the
Police Reserve Unit as established by the City Commission on November 13,
1978, be dissolved' effective on March' 12, 1979', and that all matters relat-
into to the Police Reserve Unit, including the return of all equipment; name
of the Reserve Unit be relinquished through the office of the Secretary of
State; and any other items regarding the Police Reserve be dissolved.
Voting Aye: All
Voting No: None
DEPUTY CLERK OF THE MUNICIPAL COURT: Resolution Number 79-12 was presented to
the Commission and read in full:
WHEREAS, Sharon Whanger, employed as Assistant Municipal Court
Clerk, and appointed Deputy Clerk of the Municipal Court of the City
of West University Place, Texas, has resigned her position with the
city; and
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WHEREAS, Rhonda Grichuk has b~en employed as Assistant Munici-
pal Court Cle~ls."and is qualified to assume the duties of Deputy Clerk
of the Municipal Court.
NOW, THEREFORE, BEIT,RESOLVED BY THE CITY COMMISSION OF THE
CITY OF: WEST UNIVERSITY PLACE, TEXAS:
Section 1. That RhondaGrichuk 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 Rhonda Grichuk 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
, 1979.
day of
Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that Resolu-
tion Number 79~12 be approved as read.
Voting Aye: All
Voting No: None
ASPHALT EMULSION FOR STREET REPAIRS: Director of Public Works David Steitle pre-
sented a request for authorization to advertise for bids for delivery of 50,000
gallons of asphalt emulsion to be used: by the Street 'Department in its street
repair program.
Motion by Cotiunissioner,Ahrens, seconded by,ConnnissionerHorne, that the City
Manager be authorized to' adver,tise for bids for deliv~ry of 50,000 tons of
asphalt emulsion, with bids to be received by the City Commission on April 9,
1979.
Voting Aye: All
Voting No:, None
BELLAlRE BOULEVARD WATER LINE: Further consideration of the construction of a 10"
water line on BellaireB:oulevard'included discussion. regarding ,the increase in
water availability by thelo'cation and opening oJ valves, found in various areas
of the city; the requirements of the State Board of Insurance and State Depart-
ment of Health that a miliimumo'f1500 gall'ons of water be delivered through a
water line for fire service; the lack of value by the construction of Phase I
of the p':toJe,ct without: a 'commitment for construction of Phase II; the thirty
(30) day limit on the low bid submitted by Brown & Root, Inc.'; and the advis-
ability of declining the bid,S and readvertise the project at a later date.
Motion by ,Commissioner RosenbauIil" seconded 'by Commissioner Horne, that all bids
received for the construction of a ten (l0") inch water line on Bellaire Boule-
vard rejected.
Voting Aye: All
Voting No: None
The City Manager was instructed to correspond ,with each of' the bidders to ex-
press appreciation for their :bid and request that tneybid again .when the pro-
ject is re-advertised.
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LEGAL MATTERS: City Attorney David Allums advised the Commission that he was work-
ing on the two suits turned over to him by former City Attorney Charles Cock-
rell and that there-were a number of bills pending before the Legislature
'that affected cities.
CITY MANAGER'S REPORT: City Manager Jim Brown advised the Commission that
the air conditioning sys'tein at the Library had malfunctioned because
of several leaks in the coil of the condensor unit and that proposals
for repair or replacement had been received from Bellaire Air Condition-
ing Company and Air Temp, Inc. as follows:,
Bellaire Air Conditioning
Repair 950.00
Replace 2,100.00
Air Temp, Inc..
Repair. 950.00
Replace 1" 788.00
Motion' bY' ,Commissioner 'Maneval, seconded by, .Cbmmis.sioner,Horne,. that the
City Manager be authorized to request additional quotations for replace-
ment of the condensor unit on the Library air conditioning system and to
accept the low bid not to exceed the currently received low bid of $1,788.00.
Voting Aye: All
Voting No: None
CONCERNS OF THE CiTY COMMISSION: Commissioner Maneval requested information
regarding receipt of an information brochure that the City Manager stated
would be made'available to the CoriunissioIi.
'Commissioner Ahrens was advised, that resumption of an annual pickup of
heavy items not included in those picked up regularly by the Sanitation
Department was difficult because of the lack of proper equipment and
· personnel. The City Manager suggested that he' con,tact the County Com-
missioner to'cletermine the availability:nf large, trucks for such use.
Commissioner Ahrens announced that the annual West University Elementary
School PTA Home Tour would be held on April 29th and that he would ad-
vise tihe addresses of the homes on the tour inasmuch as some were on
narrow streets and might require traffic control by the Police Department.
Mayor Cole announced up-coming riLee,tingsof the 'Zoning and Planning Commis-
sion and worksho~sessions to be helQ'by the City Commission.
. Mayor Cole presented the following Proclamation:
WHEREAS" our nation's greatest asset is the welfare and health
of its people; and
WHEREAS, cancer is a family of diseases characterized by ab-
normal growth and spread of cells; and
WHEREAS, cancer can strike anyone at any age, ,and millions of
Americans now living will eventually have cancer; and
WHEREAS, new findings by cancer research teams under grants
from the AInerican Cancer Society are reporting progress in'i,-reaching
their goals of finding what causes cancer; new ways to cure it; means
to prevent it; and alleviate pain and suffering; and
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WHEREAS, in recognition of the fight against cancer which has
been made in research laboratory, hospital, doctor's office and public
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NOW, THEREFORE, I, James M. Cole, by virtue of the authority
vested in me as Mayor of the City of West University Place, in the State
of Texas, do hereby proclaim the week of March 25 through March 31, 1979,
as
NATIONAL CANCER WEEK
in the City of West University Place, Texas, and urge all citizens to
join in the fight to cure cancer.
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 12th day of March, 1979.
With no further business to come before the Commission at this time, upon motion
duly made, seconded and carried, the meeting adjourned at 10:20 p.m.
:a~~~~~??r' &tR, _
~ Mayor '
ATTEST:
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REGULAR CITY COMMISSION MEETING
March 26, 1979
The City Commission convened in regular session at the City Hall on Monday, March 26,
1979, 7:30 p.m., with the following members present: Mayor Cole, presiding: Com-
missioners Ahrens, Horne, Maneval and Rosenbaum. The ,City Attorney and City
Manager were also present~ '
The Invocation was pronounced by Commissioner Maneval.
CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission
on March 12, 1979, were presented to the Commission for their consideration.
Motion by Commissioner Horne, seconded by, Commissioner Rosenbaum, that minutes
of the regular meeting of the City Commission on March 12, 1979, be corrected
to show the correct spelling for the-word Society and approved as corrected.
Voting Aye: ' All
Voting No: None
HEARING OF RESIDENTS: Mrs. Margaret Holloweii, 4016:Swarthmore, advised the Commis-
sion that there were no basketball playing facilities at Colonial Park; that,
there was a need for safe playground equipment especially for toddlers; that
benches were needed to provide seating space for adults who bring children to
the park; and that a low fence was needed around the play area to prevent small
children from going into the street.
Mrs. Dorothy Rieger, 6516 Brompton, requested that a regular schedule be worked
out for trash pickup inasmuch as limbs, etc. sometime remain on the curb for a
while before being picked up. City Manager Jim Brown responded that with only
one chipper, one truck and one employee it was difficult to keep up with the
citizen request during this particular time of year, but that an attempt would
be made to advise residents of the approximate time that would be required to
fulfill their request.
Mr. John Janes, 6110 Annapolis, asked if it was customary for employees of the
Sanitation Department to try to collect garbage privately if a resident will
pay for such service. In response to Mr. Janes, City Manager Jim Brown, ad-
vised that he would like to have any person receiving such solicitation to
call him.
In response to Mr. Ferd Rieger's question regarding changes in the pickup sche-
dule for recyclable material, Commissioner Horne asked if the next issue of the
City Currents could include an article on recycling. Mayor Cole noted that a
news release published in the Argus and Chronicle could include an article on
recycling.
Mrs. Alyne Gouge, 4131 Darthmouth, noted that it was disheartening to residents
who went to the trouble to correctly prepare material to be recycled and then
to watch the employees of the Sanitation Department pitc9 it in the trucks
with wet garbage.
Mr. Charles Evans, 6131 Lake, advised the Commission that he would like to
again inquire about the status of his request of February 26th regarding each
residence being required to have two off-street parking spaces. The City
Manager advised that he had dictated a memorandum to members of the ,Commission
on this request, and that no precedent had been found where such a request had
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ever been granted. It was the decision of the City Commission that Mr. Evan's re-
quest be considered at a City Commission workshop session on Wednesday, March 28th.
Mayor Cole asked the City Manager when members of the Commission would be
furnished nice colored zoning maps they were to receive. Mayor Cole also
requested that Building InspedorWayne, Perry 'be requested to attend the meet-
ing on Wednesday. It was noted that City Attorney David Allums and Mr. Evans
would not be 'available for the meeting.
Mr. J. D. Woodson, 3025' Tennyson, advised the Commission that two things he
personally wanted were 1) a progress report and 2) a position report. Mr.
Woodson stated that he would speak only ingEmeralities, but he" wanted to
know what the Commission had done and what ,their posit'ion is for the next
twenty-two months. '
Mr. Woodson noted that each week ,he hears o'fthings happening at the City Hall
arid wo~dered if such things are a result.of,what the Commission is doing, is
not doing, or a conspiracy of other people, such things including resignations,
changes in attilitudes and precarious pos~tion of city employees. Mr. Woodson
referred numerous times to the election of' the City Commission by members of
the Property Owners' Association and cross-over members of the West University
Party.,. Mr. Woodson specifically asked ,if the Commission intended to follow
the tenets established by those persons electing them as members of the City
Commission.
,Mayor Cole responded to Mr. Woodson by pointing out that no member of the .com-
mission had previously been affiliated with city government and that there were
many pressing problems that faced the, Commission; that ,the Commission was trying
to figure out if city employees'werequalified' for the, positions they are in;
trying to find out where they are and where they are going;,' and that they had
spent a lot of time trying to chase down rumors and insinuations to determine if
they were true or false. Mayor Cole then requested and passed out to those in
attendance copies of the last issue of the' City Currents'noting accomplishments
of the City Commission since takingoffice~,on Jamiary29, 1979,.
Mayor Cole announced that City Engineer David Steitle had resigned as Director
of Public Works to take a posi tionwith WalterP. Moore: & Associates as, ,the
assistant to Jerry King, traffic consultant, who was also a good friend. Mayor
Cole noted that this was a pr'omotion for Mr. Steitle and a ,position he would
probably have accepted had there been no change in administration.
In response to Mr.. Woodson's comment regarding the police Department being a
political football, Mayor Cole stated that Ordinance Number 1132 providing for
the re-organization of the city's staff, and Ordinance Number 1133 adopting a
Personnel Policies and Procedure Manual were approved by the previous City Com-
mission.
Mrs. Alyne Gouge, 4131 Darthmouth, expressed her appreciation to the Commission
for theLr ability to make their own decisions, adding that no one could be
guaranteed a high morale.
Mr. Jim Cummings, 3820 Browning, advised the Commission that he had prepared
some figures indicating that financing of the construction of a new wastewater
treatment facility with bond funds would cost each residence $1.79 per month
s compared to the proposed $6.50 per month "pay back" plan. Mr. Cummings
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stated that the new plant would benefit residents for many years and it was his
belief that: it would be fair for those using the facilities to pay for them over U
a twenty-year period rather than R'pay-back plan oL three (3) years. Mayor Cole
noted cost differential in interest and premium if the plant were paid for in
three years.
Mr. Jerry Kerbow, 2630: University, referred to his previous appearance before
the Commission to discuss construction of a ten (10") inch_water line on
Bellaire Boulevard, stating that it was ,his understanding that three methods
of financing construction had been presented to the Commission in workshop
session. Mayor' Cole: stated that the project could be fUrided with funds set
aside for drilling of water well, fl7'which had,tobe dotie;'use of Charter Funds
which would have to be paid'bRckduritigthe next budget year; or the use of
funds set aside for'emergency repairs.
In response to a question by Mr. John Janes regarding the possibility of the
city getting lower fireirisurarrce rates inasmuch as those in the City of
Houston were to be lowered, Mayor Cole: stated that the City of West University
Place now had the lowest fire rate allowed by the' State Board of Insurance.
APPOINTMENT OF MEMBERS .TO SERVE ON,: THE PARKS AND RECREATION BOARD:
missio'ner Horne, seconded by Commissioner Rosenbaum~ that the
on the Amended Agend',a or, the City Cominission be considered at
Motion by Com-'
item appearing
this time.,'
Voting Aye: All
Voting No: None
Resolution Number 79""'"13 was presented to the Commission and read in full:
WHEREAS, it ,is the obligation of the City Commission, pursuant to
provisions of the City 'Charter and Ordinances heretofore adopted, to appoint
members :to various boards'; and
WHEREAS, the Mayor and ,members of the City 'Commission have con-
tactedand interviewed numerous qualified citizens to serve on the Parks
and Recreation Board of the City of West University Place; and
WHEREAS, certainp:ersonshaveiindicateda desire and willingness
to Serve as members of the 'Parks and Recreation Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF WEST UNIVERSITY'PLACE, TEXAS:
1. That the following persons be appoii:1tedto serve as members of
the Parks and Recreation Board:
AlexPancheri, 6601 Westchester, Chairman
Susan Christ, 4102 Southwestern, Vice-Chairman
James B. Council, 6.327 Belmont
Audrey Langley, 4226 Oberlin
ThomasM. Thompson, Jr. 2729 Centenary
Nancy Tucker, 2903 University
Mary Wilkinson, 2710 Sunset
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2. That the persons hereby
, Board shall .serve until'thenext
COmmlssion, and thereafter until
successors.
app'ointed to the Parks and, Re;creation
regular general City Election of the City
the appointment. and qualificationbf their
; ;
PASSED AND APPROVED this
day of
, 1979.
Motion by Commissioner Ahrens, seconded by-Commissioner 'Horne, that Resolution
Nutpber 79-13 be approved as read.
Voting Aye: All
Voting No: None
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Mayor Cole administered the Oath of'Office to each of 'those persons appointed
members of the Parks and REcreation Board.
DESIGNATION OF OFFICIAL DEPOSITORIES: In accordance with previous action of the City
Commission proposals for designation as depositories of city funds were read
from the following hankiriginstitut:ions:,
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Chemical Bank
Fannin Bank
First National Bank of"Wes't University
Houston Southwest
Mercantile Bank
Texas Commerce Medical Center Bank
University State Bank:
Motion by Commissioner Horne, seconded by Commissioner Maneval, that this item
be deferred until the recessed meeting. .oL the City Commission on Wednesday,
March 28, 1979, in order to receive a report of staff members.
Voting Aye: All
Voting No :" None
REOUEST FOR CHANGE OF SECTION 15 OF THE CODE OF ORDINANCES: Mayor Cole ascertained
that each person in the audience had a copy of a draft ordinance prepared by
City Attorney David Allums for amendment" of Section 15 of the Code of Ordinance
regulating noise within the city.
A considerable ,length of tiinewasspen,t,,bymembers of the City Commission and
those in attendance at the meeting reviewing Section 15,.;..1 and 15-2 of the draft.
Subsequent to numerous requests from those in the audience for the addition, de-
letion, and changes to certain words and phrases in the draft, Mayor Cole stated
that the city would never have a Code of Ordinances that would satisfy every
citizen in the city.
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Mr. G. J. Volcklandt, 4119 Ruskin, stated that his only interest in the draft
was Section (g) regarding construction inasmuch as he had filed a complaint
against Mr. Mike Lee, 4104 Cason, and it was his belief that residents should
not have to listen to construction noise after six p.m. and' certainly not at
all on Sunday. 'Mayor Cole responded'thatthe'compalint filed by Mr. Volcklandt
was the first ,filed in the city for ten (10) years even through most residents
had been guilty of vi olati rig provisions of the ordinance.
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Motion by Commissioner Ahrens, seconded by Commissioner Horne, that further
consideration ,of Item 4 on the City Commission agenda regarding amendment of
the Codeof'Ordinances to 'change the noise regulations in the 'city, be deferred
until there'cessed meeting of the City .commission on Wednesday,' March 28th.
Voting Aye: All
Voting No: None
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SUPPLEMENT TO CITY OF WEST UNIVERSITY PLACE CODE OF ORDINANCES: The Commission
was pre'sented an invoice in'the' amount of $578 .33,. submitted by the Municipal
Code Corporation for the preparation of Supplement No. 16 to the city's Code
of Ordinances.
Motion by Commissioner Maneval, seconded by Commissioner Horne, that the in-
voice in the 'amount of $578.33, subnUt'ted by Municipal 'Code Gorporation be
approved for payment.
Voting Aye: ."All
Voting No: None
APPOINTMENT OF MUNICIPAL COURT CLERK: Resolution'Number }9-14 was presented to
the Commission and read in full:
WHEREAS, Pamela Carroll, employed as a Police Dispatcher and
appointed as a Deputy Clerk o:f.;the: Municipal Court of the City of West
University Place, Texas, has resigned her position with the city; and
WHEREAS, Pat Kerekeshhas begnemploy~d as a Police Dispatcher
and is qualified to assume the duties of'DgputyGlerk of the Municipal
Court.
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NOW, THEREFORE, BE IT RESOLVED':BYTHE CITY COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS:,'
SectionL That Pat Kerekesh 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 'Pat Kerekesh 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'Clerkafterhaving been administered the
proper Oath of Office.
PASSED AND APPROVED this
',day of , '
, 1979.
Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that Resolu-
tion Number 79-14 be approved as read.
Voting Aye: All
Voting No: ,None
MUNICIPAL COURT ASSOCIATE JUDGES AND PROSECUTORS : ,: :l'he current appointment. of ,.Asse-
ciate Judges Micha:l Schneideran~Terry Collins and AssociatePros:cu~ors Thomau~
TaylorandBetsyR~ce Colemanexp~re on March 26, 1979 and the Comm~ss~on was
advised that in accordance with the provisions of the City Charter re-appoint-
ments were required each sixty-day period. ,
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Motion by Commissioner Horne, seconded by Commissioner Rosenbaum that Associate
Judges Michael Sch~ei~er an~Terry Collins andAssociat~fFosecutors Thomas
Taylor and Betsy Rice Coleman be re-appointed to serve the Municipal Court
for an additional sixty-day pe:dod;and that sometime within the next thirty
days the Municipal Court Judge be invited to meet with the City Commission
in workshop session to report on changes he: has made in the Court, the affect
of the Speedy Trial Act being changed from thirty days to sixty days, and his
continued need 'of Associate Judges and Prosecutors.
Voting Aye : All
Voting' No: None
VAN FOR USE AS BACKUP AMBULANCE: The COIIlIllission was advised that members of the
Fire Department had completedinstallation oIail' equipment in the new van
for use'as an ambulance and that an invoice in-the amount of $6,209.84 had
been received from Jack Roacli Ford for: delivery" of the unit.' Mayor Cole ad-
vised each member of the Commission'to stop by the Department ami inspect the
completedtinit; noting that an outstanding job had be'en done by the Department.
Motion by Commissioner Horne, seconded by Commissloner Rosenbaum, that subject
to the Fire Chief's initials on the invoice, that' the invoice received from Jack
Roach Ford in theainount of $6;209.84 be approved"for payment.
Voting Aye: All
Voting No: None
LEGAL SERVICES RENDERED BY FORMER CITY ATTORNEY CHARLES COCKRELL: TheCommission
was pres,ented an invoice in the amount of $750.0.0- submitted by former City
Attorney Charles Cockrell for legal services rendered in 1978 on a case which
, had subsequently been turned over to City Attorney David -Allums'.
Motion by Commissioner Rosenbaum, seconded by Commissioner Horne, that an in-
void~ in the amount of $750.00 receivedfroni former: City'Attorney Charles Cock-
rell be approved for payment.
Voting Aye: All
'Voting No: None
"WALK FOR ISRAEL DAY": Mayor Cole presented the following Proclamation:
WHEREAS, April 8;1979, is the day of the Third Annual "Walk
for Israel"; and
WHEREAS, hundredsof walkers 'involved will be covering a course
which measures approximately twenty (20) miles; and
WHEREAS, the walkers who wish will be securing sponsors who will
be donating to the Israel'Emergency Fund of the United States Jewish Cam-
J?aign based upon how many miles the walker completed; and
WHEREAS, all funds raised by the Israel Emergency Fund help
support humanitarian programs in Israel which meet needs for better health
care, improved housing.and strenghtened educational programs; and
WHEREAS~ the entire walk is being planned by teen-agers who have
been selected from twenty-two youth groups in the Houston Area.
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180
NOW, THEREFORE, I, James M. Cole, by virtue of the authority
vested in me as Mayor of the City of West UniversH:y Place, in the State
of Texas" do hereby proclaim the" date of-April 8; 1979,: as
WALK: FOR, ISRAEL DAY
in the City of West University Place, Texas,"and-urge all citizens to support
this program.'
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 26th day of March, 1979.
LEGAL MATTERS: City Attorney'David Al1:ums requ,estedthat a notice be included in the
next issue of the CityCJ.lrr~nts and-in awe~kly-news release advising. citizens
that their taxes may: be render,ed tl1rougl1 April 30th. Mr. Allums< noted that in-
: eluded should be ,a request' that: the: taxpayer present a property description,
" owner of the property and the value to be placed: on the property.,
CITY MANAGER'S REPORT: City Manager Jim Brown adyisedthe city's application'to the
Texas Water Resources for funding 'of ,a watewater treatment facility should go
to the Environmental Protection Agency for certification, subsequent to which
the engineer will begin design for the construction phase of the project.
Mr. Brown advised the Commission that a sewer line had collapsed between
Fairmont and Judson and that it had been necessary to lease a by~pass pump
to move the sewage a block to the lift station.
Mr. Brown reviewed a bill proposed by S~nator Bill Meir of Euless whereby
the 1~ sales tax would be divided by municipalities on a per capita basis
rather than where ,the' tax was generated. Mr. Brown noted losses by major
cities and gains that would be 'realized by smaller municipalities in event
such legislation should pass.
CONCERNS OF THE CITY COMMISSION: Member of the City Commission did not have an;y
concerns at this time.
ZONING & PLANNING COMMISSION MTmTTRS: Minutes of the regular meeting of the Zoning
& Planning Commission on March 13, 1979, were presented to the Connnission for
their information.
ZONING BOARD OF ADJUSTMENT: Minutes of the regular meeting of the Zoning Board
of Adjustment on March 21, 1979, were presented to the Commission for their
information.
With no further business to come before the Commission -at this time, upon motion
duly ,made, seconded and carried the meeting was recessed until 7:30 p.m. on Wednes-
day, March 28, 1979.
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ATTEST:
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Assistant City' Secretary
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RECESSED CITY COMMISSION MEETING
March 28, 1979
The City Commission convened in recessed session at the City Hall on Wednesday,
March 28, 1979, 7:30 p.m., with the following members present: Mayor Cole,
presiding; Commissioners Ahrens, Horne" Maneval' and Rosenbaum. ' The City Mana,ger
was also present.
Mayor, Cole announced that, the purpose of the meet:i.p.g was for the consideration
of Items 113 and 114 from the posted,(lgenda for the regular meeting of the City
Commission on March 26, 1979.,
City Manager Jim Brown advised the Commission that, the two banks determined to,
have submitted the most advantageous proposals to serv~ as city depository had
been Chemical Bank Cindthe First Na,tional'Bank of West~ University Place, with
Chemical Bank quoting the best rates on short term loans.'
The City Treasurer RobbieBar~ett, in response to a question by Commissioner Ahrens,
gave the following reasons for elimination,of the other banks.
Fannin Bank - Did not submit a proposal
Houston Southwest Bank - Interest on Certificates of Depos~ts was less
than o:t;:hertwobanks, and interest quotedon.lo:a.ns was higher
Mercantile Bank of Houston - Will charge the city for necessary checks
Texas Commerce Medical Bank - Interest rate of 8% and 8.5% below other
two banks
Universi~y State Bank - Provided for no short term: Certificates of Deposit
, investment,
Mr. Barnett explained that th~ proposal from Chemical Bank iIldicat~da illlnlmum
interest rate on Certificates of Deposit over $100',000 as 9'.17% with First National
of West University Place quoting a rate of 9.1725% andeach'bank quoted 5% interest
on savings. Subsequent to noting that each bank had submitted equal proposals,
other than interest charges on short-term loans, Mr. Barnett listed the following
proposals:
Interest
,First National
Chemical
$50,000 for 30 days
$100,000 for 30 days
$
$
, 333.33
764.17
208.20
764.38
Loans
$500,000 for,3 years
$1;000,000 for 5 years
86 , ~50. 00
287',500.0,0
50,897.22
150,258.33
Mr. Bill Githins .of First National Bank of W~stU~iversity Place and Mr. Fred
Allen of Chemical Bank each reviewed proposals submitted by their banks.
Motion, by Connnissioner Ahrens, seconded by Conunissioner Horne, that the City
Commission accept the proposal submitte4~y Chemical Bank to serVe as depository
for city funds.
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Voting Aye: All
Voting No: None
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Prior to consideration of changes-desired in the prOV1Slons of the Code of Ordi-
nances regulating noise within the city, Commissioner Horne:requested that citizens
keep their comments brief and as,non-connnittal as possible.
Mrs. AlyneGouge, 4131 Dartmouth, stated that it appear~d, that the question
that brought the subject to the attention of the Commission was a request that
consideration he given to the hours for construction.
Items discussed, included the pra:ctice ,of- residents to violate provisions of the
present' regulations; problems that might he created; possible incltlsions of a
distance or decible provision; and enforcement provisions.
Mayor Cole,pointed o:ut, that S~ction (g) proh,ibited the act, rather than therioise
generated by such a,ct and recommended that such Section be .changed to read, "The
creation of a loudaud excessive noise in corinectio~ with the erection (including
excavation), etc." '
Motion by Commissioner Horne, seconded by Commissioner Ahrens, that, the City
Attorney be instructed to prepare an ordinance amending Section 15-2 of the
Code of O~dinances to read as follows:
(g) The creation of a lo:ud ande){cessive noi~ in connection with
th~ erectio~(including e){cavatlon), deinolition,alteration
or repair of any building in a residentiaL or busin~,ss district
other than between the hours of 7:00a.m. and 9:00 p.m., Monday,
Tuesday, . W,ednes4ay, ,Thursday, Friday~d Saturday, and froin '
12:00 noon and 6:00 p.m. on Sunday, except in case of ur,gent
necessity in the interest of public safety, and then only with
a permit from the City Commission, which permit may, be renewed
fora period of three (3) days or less while the ~mergency
continues: '
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Section' 15.7 Violp.tioIl - A Misdemeanor
Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdeme~or and upon conviction thereof shall be
fined in an amount not exceeing $200.00. Each day such violation
is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such hereunder.
Section 15.8. Manner of Enforcement
Violations of this ordinance shall be prosecuted in the same manner
as other misdemeanor violations of the City's code; provided, however,
that in the event of violation of this Chapter, a written notice of
intention to pros~cu~ewill be given the alleged violator not less
than (3) calendar days prior to the, issuance of a misdemeanor
complaint. No complaint shall be issued in the event the cause of
the violp.tion i~ re~oved, the condition abated or fully corrected
within su'ch thr~e (3) day period. In the event the alleged violator
cannot be located in order to serve the notice of intention to prose-
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cute, the notice as required herein shall be deemed to be given upon
mailing such notice by registered or certified mail to the alleged
violator at his last known address or at the place where the violation
occurred, in which event the three (3)"day period shall:,aommence at the
date of the day following the mailing of such notice.
Section 15-9. Additional Remedy - Injunction
As an additional remedy, the operation or maintenance of any activity,
device, instrument, vehicle or machinery in violation of any provision
hereof and which causes discomfort or annoyance to reasonable persons
of normal sensitiveness or which endangers thecomfo,rt,repose, health
.or peace of residents in the area shall be de~med; and is declared 'to
be a public nuisance and may be subject to abatement summarily'by a re-
straining order or injunction issued by a court of competent jurisdiction.
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 9:30 p.m.
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Ascti:n{ L~ie~~ ~
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184
REGULAR CITY COMMISSTONMEETING
April 9,"1979'
lJ
The City Commission convened in regular sessionilt the City Hall on Monday, April 9,
1979, 7:30 p.m., with the following members present: Mayor Cole, presiding, Com-
missioners Ahrens, Horne, Maneval and Roseilbaum. The City Attorney and City Mana-
ger were also present.
The Invocation was pronounced by ConnnissionerRosenbaum.
CITY COMMISSION MINUTES: Minutes 'Of the regular meeting of the City Connnission on
March 26, 1979 ~ and a recessed meeting 'On March'2R; 19.79 ; were presented for
consideration.
Motion by Commissioner Rosenbaum, seconded by Commissioner Maneval, that action
on minutes of the regular meeting of the City Conmiission on Match 26, 1979, and
a recessed meeting on March 28, 1979, be delayed until later in the meeting.
Voting Aye: All
Voting No: None
HEARING OF RESIDENTS: Mr. V. J. Lobue, 3928 Coleridge, stated that there seemed to
be a lot of harassment and not much decorum at the meetings of the City Commis-
sion by persons who are professional harassment people and that it was his be-
lief that questions should be limited to three, and not more than five minutes7
and that people not be permit~ed to hold private meetings just outside the Com-
mission Chamber when a meeting is being held.
Mr. Lobue also stated that he had received a complaint from Mrs. Rosemary Minard,
2639 Pemberton, regarding recycling material that was not being collected and
that she had been advised that the Sanitation Department was operating with
one less truck and six man crew, therefore, they were unable to collect every-
thing that was put out by residents.
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Mayor Cole explained to Mr. Lobue that as a result of pretty weather most resi-
dents were doing a lot of work in their yards and there was no way the city could
keep up with the current demand.
PETITION AGAINST CHANC::F. OF ~F.C:'T'TON 1 'i, r.onF. OF ORnTNANr.F.~" The City Connnission
was presented the following petition:
We the undersigned property owners and residents of West
University Place in the immediate vicinity of 4104 Cason
Street, which residence is in the process of being rebuilt,
hereby voice our objection to the change of Section 15 of
the Code of Ordinances, Paragraph G. Since said ordinance af-
fects &ll-residents of WUP 1, and since no emergency exists
necessitating the rebuilding of 4104 Cason Street, we expect
the six-day construction rule to stay in effect in order to
enj oy a peaceful Sunday, contrary to Proposed Ordinance 1134,
Section I.
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However, as to the proposed amendment to Section 15, No. I,
extending working hours from 6:00 p.m. to sundown, Houston
solar time six days, we have no objection.
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Respectfully submitted for your consideration, or reconsidera-
taion.
Mr. & Mrs. G.J. Vblcklandt, 4119 Ruskin, 664-0245
Ms. H. A. Prentiss, 4120 Cason, 661-7451
J. K. McCarty, 4115 Ruskin, 664-4348
Mr. & Mrs. Vincent DeFoy, 4120 Ruskin, 664-0273
Dan Mowger, 4107 Ruskin, 668-7001
Dennis J. McKeon, 4111.' Ruskin:
William L. Partridge, 4040 Ruskin, 664-1843
Mrs. B. Kohn,4036 Ruskin
Mrs. Lena Ferro, 401.6 Ruskin,'665-6064
Mr. & Mrs. Joe Vavazos, Jr. 4108 Ruskin, 665-'-6064
Deborah Chiasson, 4116 Ruskin, 666-9745
Mayor Cole nOted that' a total of fourteen (14) people had signed the petition.
Mr. G. J. Volcklandt, 4119 Ruskin, advised the Commission that he would like
to speak in behalf of the petition and had some questions he would like to ad-
dress to the Commission. 1) Was the vote of the City Commission on Wednesday
unanimous on amending Section 15 of the Code? 2) Was, the: list of names on the
petition presented to the Commission? 3) Was the Commission aware before they
voted that the petition had been given to the City Manager? Mayor Cole stated
that the Commission had been furnished a copy of the petition, duly marked with
the date received by the City Manager and that no consideration ,had been given
to amending Section i5 of the Code of Ordinances at the workshop session of the
CityComission on Wednesday, April 4th. 4) Mr. Volcldandt stated that members
of the Commission 'could see that he was not the only person who objected to Mr.
Lee's working on Sunday and that some 'people in his neighborhood: had been work-
ing on remodeling projects for over a year. 5) What is the difference between
remodeling and rebuilding? Mayor Cole requested that a definition be furnished
Mr. Volcklandt.
ACCEPT RESIGNATION OFWILLIAML. NORMAN, JR. POLlCE CHIEF: Motion by Commission
Horne.; seconded by Commissioner Rosenbaum, that Items 1 and 2 on the Amended
Agenda be' considered at this time in order to permit personnel from the Police
Department to return to duty.
Voting Aye: All
Vot;lng No: None
Mayor Cole presented the following letter of resignation received from William L.
Norman, Jr.
Dear Mr. Br@wn:
Please accept this as my resignation effecti ve4-20":]9. I have enjoyed
working with you the few short months that yoU: have been here. My de-
cision to resign comes after much sould searching. I feel that I can no
longer be effective in administering this Police Department. You under-
standing of the police problems' are, excellent and I wish you much success
in your selection, of a: new chief. -
Mayor Cole presented the following directed to William L. Norman, Jr., by City
Manager Jim Brown:
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Dear Mr. Norman:
We regretfully accept your resignation dated April 4, 1979.
I have discussed this matter with Mayor Cole and the city
has agreed to the following:
1) We will purchase ten (10) days vacation time.
2) You will receive your normal salary compensation
through April 20, 1979.
3) The city accepts your offer to vacate the office of
Chief of Police at 5: 00 p .m.'on April 5, 1979.'
Subsequent to an inspection by me, I acknowledge that you
have surrendered all property of 'the City of West University
Place that was placed in your care and custody during your
employinen t with the ci ty .
I wish the best of luck in your new endeavors and hope success
is in the immediate future.
ACCEPTED:
/s/ William L. Norman, Jr.
Motion by Commissioner Ahrens, seconded by Commissioner Horne, that the City
, Commisslon accept the resignation of William L. Norman, Jr. , as Chief of
Police of the City of West University Place.
Voting Aye: All
Voting No: None
Mayor Cole advised the Commission that he would direct a letter to Mr. Norman
-advising him that the City Commission had accepted his resignation.'
APPOINTMENT OF WILLIAM S.(SONNY) FENWICK AS ACTING CHIEF, OF POLTCE: Motion by
Commissioner Horne, seconded by Commissioner Rosenbamrr; that Captain William S.
Fenwick be appointed acting Chief of Police.
Voting Aye: All
Voting No: None
Mayor Cole administered the Oath of Office to Captain Fenwick as Acting Chief
of Police of the City of West University Place.
ORDINANCE NUMBER 1134: Ordinance Number 1134 amending the Code of Ordinances to
change the, hours and days'const.ruction noise is permitted 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 15 TO
CHANGE THE HOURS AND DAYS, CONSTRUCTION NOISE IS PERMITTED;
TO PROVIDE FOR A VIOLATION; SETTING FORTH THE MANNER OF EN-
FORCEMENT;' SETTING FORTH REQUIREMENTS FOR . ADDITIONAL REMEDY;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY
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PLACE, TEXAS:
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Section L ';"That:. ParagraPl1:(g) 0:1;, Sect;i,on, 15:-2, of. the Code of Ordi-
nances of the City of,WestUiliversity PI!'lce, Texas is hereby amended so
that, said paragraph shall hereaf terread as' follows:
"Section 15-2. Enumeration of specific noises.
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(g) The creation of a loue} and e~cessive noise in
conn?ction with the erection (inc+udlng excavation),
demolition, alteration or repairnof.any building in
a resfdentialor business 9istrict~other than between
the hours of 7: 00. a.m. ' and' 9: 00 p ~m., l1onday, Tuesday,
Wednesday, Thursday, Friday aJ:!.d Saturday, ,and from
12:00 noon and 6:00 p.m. OIl Sund~y, except incase
of urgent necessity in the ineterest'of public safety,
and then Qnly with a permit from tne City Commission,
which permit maybe renewed forapE}1'io~d of.three
(3) days or less while themergency continues."
Section 2. That the Code of Ordinances of the City of West Univer-
sity Place, Texas, is hereby amended by the addition thereto of a section to
be number 15-7, which said section shall read as follows:
"Section 15.7. Violation - A Misdemeanor.
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Any person violating any of the provisionsoi; this ordinance
shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be, finedi~ an amount not exceeding $200.00.
Each day such violation is committed orperIDitteq to continue
shall constitute a separate 'offense and shall 1:>e punishable
as such hereunder. II
Section 3. 1;'hat the Code of Ordinances of the City of West. Univer-
sityPlace, Texas is hereby, amended by the addition thereto, of a section to
be number 15-8, which said section' shall read as follows:
"Section 15.8. Manner'of Enforcement.
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Violation of this ordinance shall be prosecuted in the same
manner as other,misdeanor violationE; of the City's code~
provided, 'however, ,that in the event of violation of, this
. . ~ -. . ( .... . '
Chapter, a written not.ice of intentionto.prosecute will be
given the alleged violator no,t less than three (3) calen'dar-:
days prior to the issuance of a misdemeanor complaint. No
complaint shall be issued in the event ,the cause of the
violation is rem~ved, the ,condition abated or fully corrected
within such three (3) day period.' In,theE:!verit the alleged
'violator cannot be located in ,order to serve the notice of
intention to prosecute, the,notice as required herein shall be
deemed to be given upon maili~g such not~~~by registered or
certified mail to the alleged vidlator'-at his last known
address or at the place where the violation occurred, in which
event the three (3) day period shall ,commence at the date of the
day following the mailing of such notice."
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Section 4. That the Code of Ordinances Dfthe City of West Univer-
sity Place, Texas is hereby-ameIlded 'by the, addition thereto of a section to
be number 15-9, which said sectioii shall read as follows:
"Section 15.9. Addit~onalRemedy - Injunction.
As. an ad4itional ~emedy, the operation or maintenance of any
activity, device, instrument, yehic:)..e orHmachinery in violation
of any provision hereof and which causes discomfort or annoyance
to' reasonable pe~s()J?s' ,of normal ,sensitiveness' or which endangers
the comfort, repose, health or peace of residents in the area
'shall be deemed, ~rid is decla~,ed' to be, a public nuisance and
may be subject to abatement summarily by a restraining order or
injunction issued by' a court of competent jurisdiction."
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Section 5. This ordinance shall become effective and be in force
from and after is approval by the City Commission.
PASSED AND APPROVED this
day 0 f
,1979.
Voting Aye : All
Voting No: None
I
Motion by Commissioner Horne, seconded by Commissioner Maneval, that Ordinance
Number 1134 be approved as read.
Voting Aye: All
Voting No: None
It was suggested that,inasmuch as consideration of the provisions of the Code
of Ordinance controlling noise had caused a controversy within the city, that
a section be added to the next issue of the City Currents requesting citizen
input on the provisions of the ordinance.
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RESOLUT'(ON NUMBER 79-15: Resolution Number 79':"1,5 designating Chemical Bank as de-
pository for city funds was presented to theComm~ssion and read in full:
WHEREAS, the City Commission, on March 12, 1979, ordered proposals
forwarded to certain banking institutions to serve as depository for
the city funds; and
WHEREAS, on the 26th day of March, 1979, after proper notice, pro-
posals for serving as depository for city funds were received from the fol-
lowing banking institutions:
Chemical Bank
Faimin Bank
First National Bank of West University Place
Houston ,Southwest Bank
Mercantile Bank of Houston
Texas Commerce Medical Bank
University State Bank
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WHEREAS, proposals were opened by the City Commission and subse-
quently reviewed by the City Treasurer Robbie Barnett and the City Manager
Jim Brown, such review being made for the purposeof"submitting a written
analysis and recommendation to the City Commission at a Recessed Meeting on
March 28, 1979; and
WHEREAS, The City Commission reviewed such proposals and considered
the recommendations of the City Treasurer and City Manager.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSrbN OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS:
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Section 1. That Chemical Bank located in Houston, Texas, is hereby
designated, to be and serve as official depository for the deposit of demand
funds and the City Treasurer is hereby directed to establish accounts for
such funds.
Section 2. The following banking institutions located in Houston
and West University Place, Texas, are hereby designated to be and serve
as official depositories for the investment of funds in Certificates of
Time Depoist and the City Treasurer is' hereby directed'to establish
accounts for such investment of funds at such times ashe shall be directed
by the City Commission:
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Chemical Bank
Fannin Bank
First National Bank of West University Place
Houston Southwest Bank
Mercantile Bank of Houston
Texas Commerce Medical Bank
University State Bank
Section 3. The City Treasurer: is hereby directed to withdraw all of
the funds in accounts hereto~ore ke:pton deposit: with First National Bank
of West University Place and establish 'the required accounts with Chemical
Bank:
City of West University Place - Sanitary S.ewerCapital .Investment
Fund
- Charter Amendment Reserve Water Fund
- Charter Amendment Reserve Sanitary
Sewer Fund
- Tr~stAgency Fund
- Water Sewer Fund
- Water Meter Deposit Fund
S:wilDilling Poal Fund'
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Section 4. That the City Treasurer, Assistant City Treasurer, Mayor,
Mayor Pro-Tem and City Manager are pe:teby directed to sign or countersign
the necessary signature cards to establish the required bank accounts with
Chemical Bank.
Section 5. That said Chemical Bank shall be notified of designation
as official depository of~the City of West University Place, Texas, and shall
in accordance with Article 25-59 through 2S-66a of Vernon's Revised Civil
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Statutes of Texas, provide the proper securities for the purpose of se-
curing said city funds in an amount equal to the amount of said city funds
on deposit in said depository bank or banks.
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Section 6. All Resolutions relating to the deposit of funds or de-
signation of banks to serve as depositories in conflict with this Resolu-
tion are hereby repealed.
Section 7. This Resolution shall take effect immediately from and
after its passage by the City Commission of the City of West University
Place.
PASSED AND APPROVED this
day of
1979.
Motion by Commissioner Ahrens, secon4edby Commissionr Rosenbaum, that Resolu~
tion Number 79-15 be approved as read.
Voting Aye: All
Voting No: None
ASPHALT EMULSION REQUIREMENTS: In accordance with, previous action of the City Commis-
sion,bids received for delivery of 50",000 gallons of asphalt emulsion were opened
and results announced as follows:
Gulf States Asphalt Company
$0.3600 F.O.B. So. Houston
Plant
0.0210 Freight Per Gallon
0.0025 Pump Off & Unload- \ l
$O~~~j5 Total Price ~
Wright Asphalt Products Co.
$0. 3754jGallon
It was noted that the Gulf States, bid was subject to change with the price on
date of delivery to apply and price changes would be supported by documents on
increases in manufacturing costs due to the, uncertainty of petroleum prices.
Motion by Commissioner Horne, seconded by Commissioner Maneval, that the proposal
submitted by Wright Asphalt Products Company for delivery of 50,000 gallons of
asphalt emulsion at $0.3754 per gallon be accepted.
Voting Aye:' All
Voting No: None
MOWING OF VACANT LOTS: The Commission was advised that for many years the city had
assumed the reponsibility. for mowing vacant property within the city and had
negotiated with Mr. Joel Berry an agreement for mowing such property. It was
pointed out that owners 'who did not want the city to render such service were
notified by certified mail when necessary and failure to clean the property
within ten, (10) days resulted in employment of Mr. Berry and the filing of a
lien against the property. "
Motion by Commissioner Horne, seconded by Commissioner Ahrens, that the City U
Manager be instructed that as a matter of policy all costs incurred in collec-
tion of vacant lot mowing charges, including certified mailings and legal fees
as a result of preparation of, liens, be assessed against the property owner and
the owner advised of potentiaL ,charges if the mowing fee is not paid within a
specific period of time.
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Voting Aye: All
Voting No: None
Motion by Commissioner Horne, seconded by,Connnissioner Maneval, that the city
enter an agreement with Mr. Joel Berry, for mowing of vacant property within
the city for the ~ollowing rates for the year 1979:
100' x 200' - $20.00 per mowing
50' x 100' - $10.00 per mowing
Two or more adjoining 50' x 100' lots -$8.00 each per
mowing. All other lots ~0()15c;:'per square foot per mowing.
Voting Aye: All
Voting No: 'None
PLANS AND SPECIFICATIONS FOR WATER WELL 117: Ail invoice in the amount of $5,067.17
received from Langford Engineering, Inc. for services rendered in the prepara-
tion of plans and specifications for drill~ng water well #7 and construction
of a 12" transmission line was presentedforc0l1sideration.
Following a discussion by the City..Commissionregardingan update on estimated
cost of the project and a payment schedule ofc,harges by Langford Engineering,
Inc. it was the decision of the Commission that further discussion on this
item be included on the agenda for a recessed me'7ting on April 11th.
STREET REPAIR MATERIALS: A request was presented'to the Commissio~ to advertise
for bids for delivery of 800 tons of Grade 6 ,pre-coated rock asphalt for use
in the city's street maintenance program.
Motion by Commissioner Horne, secondedpy Gommissioner Maneval, ,that the City
Manager be authorized to advertise for bids for delivery of 800 tons of Grade
6 pre-coated rock asph81t"with bids to be, received by the City Commission on
May 14, 1979.
Voting Aye: All
Voting No: None
LEGAL FEES: An invoice in the amoUnt of $3,608.20 submitted by City Attorney David
Allums for legal services rendered during the months of January, February and
March was presented for consideration.
Motion by Commissioner Horne, seconded by Commissioner Ahrens, that City
Attorney David Allums' invoice in the amoUnt of $3,608.20 be approved for
payment.
Voting Aye: All
Voting No: None
LEGAL MATTERS: City Attor~ey DavidA~lums briefly reviewed action of the State
Legislature, noting that a full report will be made,on actions that might
affect the city after the Legislature adjourns.
CITY MANAGER'S REPORT: City Manager Jim Brown reported that a number of appli-
cations had been received for the position of Water/Sewer Superintendent and
that a choice would be made between the three persons most qualified. Mr.
Brown also reported that according to a chart received from the office of
Senator Bill Meier the city would receive 11.4% of its current budget in event
his proposed legislation for per-capita distribution of sales tax is passed.
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CONCERNS OF THE CITY COMMISSION: Commissioner Ahrens stateq that he had received a liU' -
number of calls regardingreIhoval, of the exercise mats'from the Community Build-
ing and that exercise class participants would'like'to,have the old'mats re-
turned if there were no plans to replace them. The City Manager reported that
Bob Gurley, Director of Community Services had planned to return the mats the
previous Friday. "
Commissioner Horne ~xp:r:essed,appreciation for 'Mr. L()bue's remarks; that not
including the current meeting of the Commission a total of 115 hours had been
spent by the new City Commission since shortly after election day; that not
action by the'City Commission is based on race or skin color; and that he
would be the Easter Bunny at ,the Easter Egg Hunt sponsor~d by the Parks and
Recreation Department ~ '
Mayor Cole requested that a ~raftcopy of the next issue of City Currents be
presented to the Commission at its'meeting on Wednesday, April 11th.
ELECTRICAL, BOARD MINUTES: '}1.inutes'of'the regular meeting of the Electrical Board
onMarch 19, ,1979, were pi;"esented to the Commission for their information.
PARKS AND RECREATION BOARD MINUTES: Minutes of the regular meeting of the Parks
and Recreation Board on,March 26, 1979, were presented to the Commission for
, their informati9n~
ALLOCATION OF FUNDS FOR INVESTIGATION AND RECOMMENDATION OF OPERATION OF POLICE DE-
PARTMENT: Mayor Cole advised the Commission that the International Police Chiefs' U'~'
Association had a program whereby they would make a complete investigation of
the. city' sPolice Department, and m~ke recb~endations for operation of the De-
partment. Mayor Cole stated that the Association would send a representative
to meet with the Commission to determine the scope of the investigation and
that the city would have to pay his expenses, including plane fare, per diem,
etc. Following a determination of the depth of the study a team would be
brought in and a recommendation made, together with a total cost for such a
study.
Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that the
City Commission authorize an expenditure not exceeding $1,000 for services
of a representative of the International Police Chiefs' Assocation to make
a visit to the city.
Voting Aye: All
Voting No: None
ADJOURNMENT: Wity no further business to come before the Commission at this time,
upon motion duly made, seconded and carried" the mee ting recess ed until 7: 30
p.m., Wednesday, April 11, 1979.
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ATTEST:
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Assistant City Secretary
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CITY COMMISSION RECESSED MEETING
April 11, 1979
....' ': .
The City Commission convened in recessed session at the City Hall on Wednesday,
April 11, 1979, 7:30 p.m. with the following members present: Mayor Cole,
presiding; Commissioner Ahrens, Horne, Maneval and Rosenbaum. The City Manager
was also present.
Mayor Cole announced that the purpose of the recessed session was to consider
Items 1 and 8 from the agendR' of the regular 'Commissiorinieeting on April 9, 1979.
Minutes of the regular meeting of the City Commission on March'.'26 ,1979, and a
recessed meeting on March 28, 1979, were presented for consideration.
Motion by Commissioner Maneval, seconded by Commissioner Horne, that minutes of
the recessed meeting on March 28,1979; be corrected to indicate the correct
spelling of Mr. Alyne Gouge's name and approved as ' corrected, 'and: that minutes of
of the regular meeting on March 26, 1979, be approved as submitted.
Voting Aye: All
Voting No: None
In accordance with instructions of the City Commission, City Manager Jim Brown
presented the following schedule listing fees to Langford Engineering, Inc. for
services rendered in the preparation of plans and specifications for drilling
water well #7 and construction of the required transmission line.
PAID INVOICES
NUMBER
AMOUNT
DATE
1378 (Original Study)
1684 (Contract)
Well
Transmission Line
1;350.00
6,384.26
6"':15-78
1-26-79
1,255.50
5,128.76
1730
1,422.43
3-15-79
Well
Transmission Line
201. 61
1,220.80
UNPAID INVOICES
1709 5,067.17 2-2-79
Well 1,925. 1ft.
T-ransmission Line 3,142.03
1795 3,356.66 4-5-79
Well 1,284.01
Transmission Line 2,072.65
n TOTAL BILLED TO DATE
Well 4,666.27
Transmission Line 11,564.25 16,230.00
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TOTAL UNPAID TO DATE
Well
Transmission Line
3,209.15
5,214.68
CURRENT CONSTRUCTION COST PROJECTION
Well
Transmission Line
$330,000.00
60,000.00
Motion by: Connnissioner Horne, .seconded by Commissioner Rosenbaum, that Invoice
Number 1709 be approved ,for payment in the amount of $5,067.17, and Invoice No.
Number 1795 be included on the agenda for the regular meeting of the City Com-
mission on April 23, 1979.
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 7:55 p.m.
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ATTEST:
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Assistant City Secretary
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REGULAR CITY COMMISSION MEETING
April 23, 1979
The City Commission convened in regular session at the City Hall on Monday, April 23,
1979, 7: 30 p.m. , with the following members present: Mayor Cole ,presiding; Commis-
sioners Ahrens, Horne, Maneval and Rosenbaum. The City Attorney and City Manager were
also present:
The Invocation was pronounced by Mayor Col~.
CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on
April 9, 1979, and a recessed meeting on April 11, 1979~-were presented for
consideration.
Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that minutes
of the regular meeting of the City Commission on April 9, 1979, and a 'recessed
meeting on April 11, 1979, be approved as submitted.
Voting Aye: All
Voting No: None
ZONING BOARD OF ADJUSTMENT: Resolution Number 79-16 was presented to the Commission
and read in full:
WHEREAS, it is the obligation of the City Commission pursuant
to provisions of the City Charter and ordinances heretof(iJre adopted, to
appoint members to various Boards; and
WHEREAS~. the Mayor' and members, of the Ci ty Commission have con-
tacted and interviewed qualified citizens to serve on the Zoning Board of
Adjustment of the City of West University Place, Texas ; and '
: WHEREAS~ certain'persons have indicated. a desire and willingness
'to serve as members of the Zoning'Board of Adjustment'.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. That the following persons be appointed to serve as
members of the Zoning Board of Adjtistment:-
Frank Billings
'Morris Commander -
Dan Doughty
Billie M. Fougerat
Stanley McCandless
Jim Cummings (Alternate)
Dorothy Rieger (Alternate) .
Section 2 . That the persons lier~byappointed to :the Zoning Board
of Adjustment shall serve'~without compensation.
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Section 3. That the persons hereby appointed to the Zoning Board
of Adjustment shall serve until the next regular general City Election of
the City Commission, and thereafter until the appointment and qualification
of their successors.
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, PASSED AND APPROVED this
day of
':, 1979.
Motion by Commissione:nManeval, seconded by Commissioner HODne, that Resolution
Number 79-16 be approved as read.
Voting Aye: All
Voting No: None
Mayor Cole administered the Oath of Office to the following members of the Zoning
Board of Adjustment:
Morris Commander
Dan Doughty
Billie M. Fougerat
Stanley McCandless
Jim Cummings (Alternate)
Dorothy Rieger (Alternate)
TAX BOARD OF EQUALIZATION: Action on this item was deferred until later in the meet-
ing.
PERSONNEL BOARD: Resolution Number 79~18was presented to the Commission and read in
full:
WHEREAS, it is the obligation of the City Commission pursuant to
provisions of the City Charter and'ordinances heretofore adopted, to appoint
members to various Boards; arid
WHEREAS, the Mayor and members oftheCity Commission have con-
tacted and interviewed qualified~'citizens to serve on the Personnel Board
of the City of West University Place, Texas; and
WHEREAS, certain persons have indicated a desire and willingness
to serve as members of the Personnel Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. That the following persons be appointed to serve as
members of the Personnel Board:
Bert Ballanfa:Ii.t
Harry Bristol
H. ' L; Britton
Section 2. That the persons hereby appointed to the' Personnel
Board shall serve until the next regular general-City Election of the City
Commission, and thereafter until the appointment and qualification of their
successors.
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PASSED AND APPROVED this
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Motion by Commissioner Ahrens, 'seconded by Connnissioner Rosenbaum, that Resolu-
tion Number 79-18 be approved as read.
Voting Aye: All
, Voting No: None
. " ~
Inasmuch as members of the Personnel Board were not in attendance at the meeting
Mayor Pro-Tem Ahrens will administer the Oath to members on Wednesday, April 25,
1979.
HEALTH BOARD: Resolution Number 79~19 was presented to the Commission and read in
full:
WHEREAS, it is the obligation of the City Commission, pursuant to
provlslons of the City Charter and ordinances ,heretofore adopted, to appoint
members to various Boards; and
WHEREAS, the Mayor and members of the City Commission have con-
tactedand interviewed'qualified citizens to serve on the Health Board of
the City of West University'Place, Texas; and
WHEREAS, certain persons have indicated a desire and willingness
to serve as members of the Health Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS:'
Section 1. That the following persons be appointed to serve as
members of the Health Board:
Perry Laas
Dr. Howard Evans
Dr. Larry Pickering
Dr: N. C. Windrow
Section 2. That the persons hereby 'appointed to the Health Board
shall serve without compensation.
Section 3. That the persons hereby appointed to the Health Board,
shall serve until. the next regtilargeneralCi ty EleCtion of the City Commis-
sion, and 'thereafter until the appointment and qualification of their
successors.
PASSED AND APPROVED this
, 1979.
'day of
Motion by Commissioner-Ahrens, seconded by Commissioner Horne, that Resolution
Number 79-19 be approved as read.
Voting Aye: All
Voting No: None
Mayor Cole administered the Oath of Office to Mr. Perry Laas and Dr. Howard
Evans as members of the Health Board.
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TAX BOARD OF EQUALIZATION~ Resolution Number 79-17 was presented to the Commission
arid read in full:
WHEREAS, it is the obligation of the, City Commission, pursuant
to provlslons of the City Charter and ordinances heretofore adopted, to
appoint members to various Boards; and
WHEREAS, the Mayor and members of the City Commission have con-
tacted and interviewed qualified citizens to serve on the Tax Board of
Equalization of the City of West University Place, Texas; and
WHEREAS, certain persons have indicated a desire and willingness
to serve as members of the Tax Board of Equalization.
, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS:
Section L That the following persons'beappointedto serve as
members of the Tax Board of Equali-zation:'
Charles Gillan
Pete.r Taafe
Donald R. Young
Section 2. That the persons he~eby appointed to the Tax Board
of Equalization shall serve without compensation.
Section 3. That the persons hereby appointed to the Tax Board
of Equalization shall serve until the appointment and qualification of
their successors.
PASSED AND APPROVES this
day of
, 1979.
Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that Resolu-
tion Number 79-17 be" approved as read;
Voting Aye: All
Voting No: None
Mayan Coleadminis~ered the Oath of Office to Mr. Charles Gillan, Mr. Peter
Taafe and Mr. DonaldR. Young as members of the Tax Board ,of Equalization.
HEARING OF RESIDENTS: Mr. C.P. Endress, 3750 Georgetown, advised the Commission
-'that he was disturbed ,by a report in the' Southwestern Argus that complaints
filed "in Municipal Court against Peter Lorre, Jr. had been dismissed. Dis-
cussion on the jubjett' included a question by Mr. Endress regarding'dropping
of charges filed against residents; cO!lllIlent by City,Attorney David Allums'
the the city's Judiciary system was valid; the fact that Mr. Lorre had filed
law suits against the City of Bellaire and the City of Austin; and that there
was a decided separation between the legislative body of the city and the judi-
cial systems.
Mr. Charles McMurrey, 4235 Byron, advised the Commission that he was concerned
over the position of Chief of Police and that he believed that the turn-over to
be excessive and a result of the Department being used as a political football.
Mr. McMurrey requested that the City Commission give careful consideration to
its selection of a new Chief of Police.
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In response to a question by Mr. Jim Cummings; 3820 BroWning, regarding the
. status of employment of a new Police Chief, Mayor Cole staten that at this
time interviews were not being held and that Captain Sonny Fenwick was serv-
ing as Acting Chief of Police.
CITY ORDINANCES REGULATING ANIMAL CONTROL: Mr. Edward Ites, 4115 Law, advised the
'Commission that he had requested permission to,address the Commission about
large dogs running loose in his area of the city. Mr. Ites stated that each
of his children had been bitten by dogs and another child had been bitten
while playing in his yard. It was noted that the:dogs belonged to residents
living on the north side of Law Street which is in the City of Houston.
City Manager Jim Brown stated that the Humane Officer,had spent a lot of time
in that area and had been working with Harris County to resolve Mr. Ites' pro-
blem.
The Commission requested that the City Manager and City Attorney work with Mr.
Ites to determine the appropriate complaint to be filed either in the city's
,Municipal Court or the Justice of the Peace Court. '
ELEVATED WATER STORAGE RESERVOIR ON WAKEFOREST: The Commission was advised that
the city had an agreement with Ho:uston Coca Cola Bottling Company whereby
Coke paid for painting of the Wakeforest elevated water storage reservoir
at five (5) year intervals in exchange for permission to place "Coke" and
"Spri te" advertising on the tank. ' It was noted that ice storms produced
condensation which weighted the bottom of the tank causing 'flaking of the
paint and that spot cleaning, priming and touch-up painting was necessary.
A supplemental agreement has been received from Coke that they will pay one-
half of the estimated $2,485.00 quoted by Water Tank Service Company for the
necessary tank repairs provided the city will clean up the yard under the tank.
Motion by Commissioner Horne', seconded by Commissioner Maneval, that the City
Commission accept the proposal submitted by Houston Coca Cola Bottling Company
to split the cost of approximately $2,485.00 to spot paint the elevated water
storage reservoir on Wakeforest.
Voting Aye: All
Voting No: None
CITY HALL AIR CONDITIONING SYSTEM: The Commission was presented a request to ad-
vertise for bids for replacement of the cooIing,tower for the: City Hall air
conditioning system for which $0,000 had been included ih the 1979 budget.
Motion by Commissioner Horne, seconded by Connnissioner Ahrens, that the City
Manager be authorized to advertise for bids replacement of the cooling
tower on the City Hall Air Conditioning system, with bids to be received by
the City Commission on May 28, 1979.
Voting Aye:' All
Voting'No: None
WATER WELL NUMBER 7: The Commission was presented an invoice in the amount of
$3,356.66 received from Langf~rd Engineering, Inc. for services rendered to
date on the preparation 'of plans arid specifications' for water well no. 7.
I.t was noted that Mr. Matt Cannon of Langford Engineering, Inc. had de Ii vered
plans and specifications and subsequent to approval of the State Department
of Health the project would be ready to advertise for bids.
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Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that the
City Commission approve payment of $3,356.66 to Langford Engineering, Int.
Voting Aye: All
Voting No: None
SALES TAX ON RESIDENTIAL UTILITIES: ' Ordinance Number 1135 was presented to the Com-
mission and read in full:
AN ORDINANCE OF THE CITY OF WEST ~NIVERSITY PLACE,
TEXAS RETAINING THE TAXES IMPOSED BY THE LOCAL SALES
AND USE'TAX (ARTICLE 1066c, VERNON'S TEXAS CIVIL
STATUTES) ON THE SALE AND DISTRIBUTION OF GAS AND
ELECTRICITY FOR RESIDENTIAL USE IN SAID CITY.
WHEREAS, the State Legislature enacted a bill which exempted resi-
dential use from the 4% State sales tax, the bill being effective October
I, 1978; and
WHEREAS, said bill provided that unless an ordinance retaining
the tax is approved by the City prior to May I, 1979, the 1% City sales
tax on residential use of gas and electricity will be automatically abo-
lished effective October 1, 1979;
WHEREAS, the' best interest of the City would be served by re-
taining the City's 1% sales tax as provided by Article 1066c, Vernon's
Texas Civil Statutes.
NOW, THEREFORE, BElT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE', TEXAS:
THAT the City of West University Place, Texas, by majority
vote of its governing body, hereby votes to retain the taxes authorized
by the Local Sales' and Use Tax Act (Article 1066c, Vernon's Texas Civil
'Statutes) on the receipts from the sale ,production, distributi'onc, lease
or rental of, and the use" storage; or other consumption of gas and
electriCity for residential use, as authorized by Section 6 of House
Bill No. I, Acts 1978, 65th Legislature, Second Called Session.
PASSED AND APPROVED this
day of
, 1979.
The Commission was advised that during the year 1977 Houston Lighting and
Power Company paid to the State for the city a total of $28,380.44 and::that
Entex paid $15,422.43.
For information purpose the 'combined incoine received fr'om sales tax on resi-
dential use of gas' and 'electricity o'f $43,802.87 was compa'red to the follow-
ing departmental budgets: Service-to-Aging - $20,740; Recycling - $16,096;
Legal - $20,175; Municipal Court - $45,141; Engineering - $33,006; and
Sanitary Landfill- $41,450. It was noted that the combined income was
1.7% of the total General Fund budget.
. ,
City Attorney David Allums explained that ,the bill that was passed by the
.State Legislature gave cities the option 'of passing an ordiriance retaining
the tax, otherwise the tax would be automatically aholished on October I,
1979.
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Motion by Commissioner Ahrens, seconded by Commissioner Horne, that Ordinance
Number 1135 be ' approved a:si'ead~
Voting Aye: All
Voting No: None
SANITARY LANDFILL SITE: Invoices in the amount of $2,500.00 for a topography
survey of the sanitary landfill'site and $2;669.65 for the techinical report
on the sanitary landfill site received frbmNeillEngineerihg CQrporation
were presented for consideration.
M0tion, by Commissioner Ahrens, seconded by Commissioner Maheval; that invoices
in the amount of $2,500 and $2,:669.65 received from-Neill Engineering Corpora-
tion be approved for payment.
Voting, Aye: All
Voting No: "N0ne
VARIOUS FORMS REQUEST:
$1,447.71 received
dog fine books and
'The C0mmissionwas presented an invoice in the amount of
from Formcraft, Inc'. for printing 'of service request -forms,
time sheets.
Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that the
invoice in the amount 0f $1,447.71 received from Formcraft, Inc. be approved
for payment.'
Voting Aye: All
Voting N0': None
LEGAL'MATTERS: City Attorney David Allums 'stated that: he had no matters for,consi-
deration by the City Cominis'sion at 'this time and would make' a full report on
current legislation after the final session.
CITY MANAGER'S REPORT: City Manager Jim Brown reported that he had received a re-
quest from Fire Chief Ben Wilcher for the purchase of 500 feet of 2!z" fire
hose and 300 feet of l!z" fire hose for which funds were included in the 1979
budget.
Motion by Commissioner Maneval, seconded by Commissioner Horne, that the City
Manager be authorized to advertise for bids for purchase of 500 feet of 2!z"
fire hose and 30b feet of 1!z" fire hose, with bids to be received by the City
Commission on May 28, 1979.
Voting Aye: All
Voting No: None
Mr. Brown advised the Commission that Mr. Bob Rogers of NCR had made arrange-
ments for a demonstration of his company's elecrtronic data processing equip-
ment on Tuesday, April 24, 1979, 1:00 p.m.
Attention of the Commission was directed to a :need for material to be included
in the next issue of City Currents which must go to press immediately in order
to be included with the next water bills that are mailed.
Mr. Brown stated that the city's wastewater treatment plant construction grant
had been, certified by the Texas Water Resources Board and that a grant offer
should'be received within the next few days. Mr. Brown further stated that
the Commission should consider a) development of a sewer ,rate ordinance based
on water usage, and b) how the city will finance its share of construction
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cost which must be determined before the plans and specifications will be ac-
cepted for the construction phase of the project.
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Mr. Brown reported that the city's operation 'during the rainstorm and sub-
sequent flooding on Thursday night April 19, 1979, had been very well handled.
It was also reported that there had been numerous reports of flooding of resi-
dences in the city and the city staff would critique damages on Tuesday.
Mr. Brown", reqtlestedthat the City Commission" consider the proposed -reorganiza-
tion of the Finance: DepartiI).ent in the near future. .
CONCERNS TO THE CITY COMMISSION: Commissioner Ahrens was advised that the City Sec-
'retary could' adniinister the' required Oath of Office toinembers of various Boards
and Coimnittees who"were 'Unable to attend the Commission meeting.
Commissioner Maneval was advised that at, this time there were two patrolmen
vacancies who were Unable to attend the Commission meeting.
Commissioner Rosenbaum recommended that sihce'there are a'number of personnel
vacancies on "the city staff requiring much'overtimeon the part of other employees
that she would like to recommend that the salaries of Virginia Hood" and Sonny
Fenwick be subsidized $500.00 per month. Further discussion on this matter
will be on the agenda for a workshop session on Monday.. Apri I 30th.
MINUTES OF ZONING AND PLANNING COMMISSION: Minutes of the regular meeting of the
Zoning and Planning Commission on April 10, 1979, were presented to the City
Commission for their information.
o
ELECTRICAL BOARD MINUTES: Minutes of ~the regtilar"'meeting of the Electrical Board
on April 16, 1979, were presented to the Commission for their information.
ADJOURNMENT: With no further business to come before the City Commission at this time,
uponm6tion duly made, seconded and carried the meeting adjourned at 10:05 p.m.
.~ ?11M-
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ATTEST:
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Asslstant Clty ecretary
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REGULAR CITY COMMISSION MEETING
May 14, 1979
The City Commission convened in regular session at the City Hall on Monday, May 14,
1979,7:30 p.m."withthe,following members present: Mayor Cole, presiding; Commis-
sioners Ahrens, Horne and Maneval. The City Attorney ,and City Manager were also pre-
sent. Commissioner Rosenbaum was out of the city.
The Invocation was pronounced by Commissioner Ahrens.
CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission
on April 23, 1979, were presented. for consideration.
Motion by Commissioner Horne, seconded by Commissioner Maneval, that minutes of
the ,regular meeting of the'City Commission on Monday, April 23, 1979; be approved
assubmi tted.
Voting Aye: All
Voting No: None
ZONING AND PLANNING COMMISSION: Resolution Number 79~20 was presented to the Commis-
sion and read in full:
WHEREAS, it,is the obligation of the City Commission, pursuant to
provisions of the City Charter and'ordinances heretofore adopted, to appoint
members to.various Boards; and
, WHEREAS, the Mayor and members .of, the City Commission have
contacted and intervlewed qualified citizens to serve on the Zoning
and Planning Commission of the City of West University Place, Texas;
and
WHEREAS, certian p,ersons have indicated a desire and willing-
ness to serve as members of the ~Zoning and Planning Commission:
NOW, THEREFORE, BE .IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS: '
" Section 1. That-the following persons be appointed ,to serve as
members of the Zoning aIld Planning Commission:"
Jim Abell
Michael Casey
John Farrell
Hardy LaCook
J. E. Norton
Section 2. That the persons hereby, appointed to the Zoning
and Planning Commission shall serve without compe~sation.
Section 3. That the persons hereby appointed to the Zoning and
. .. . .
Planning Commission shall serve until the next regular general City Elec-
tion of the City Commission and thereafter until the appointment and
qualification of their successors.
PASSED AND APPROVED this
day of
, 1979.
III
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Motion by Commissioner Ahrens, seconded by Commissioner Horne, that Resolution
Number 79-20 be approved as read.
Voting Aye: All
Voting No:. None
u
Mayor Cole admini~tered the Oath of Office to the following as members of the
Zoning and Planning Commission:'
Jim Abell
'Michael' Casey
John Farrell
Hardy LaCook
J. E~ Norton
ZONING BOARD OF ADJUSTMENT:' Mayor Cole ~dmi:histered the Oath of Office to Mr. Frank
Billings as a member of the ~oning Board of Adjustment inasmuch as Mr. Billings
was unable to attend the meeting of the Commission on April 23, 1979, when such
board was officially apP9in~ed.
HEARING OF RESIDENTS: Mr. Chris Pappas, .3826 Southwestern, appe~red before the City
Commission to register a complaint regarding the recent, flooding in the city.
Mr. Pappas noted that water had gotten into his home damaging wood floors, fur-
niture and carpet for the first time in the f9ur,years he has lived in his home,
Mr. Pappas also stated that he was advised by. the real estat~ agent handling
the purchase of his home that i twas not necessary. to consider purchase of flood
insurance inasmuch as there was no danger 'of flooding in West University, Mr. 00-
Pappas ask~d if the city had a flood control plan; what type schedule was main-
tained for cleaning of st<;>rm' sew~rs; and what plans were being made to prevent
similar flooding i~ event of another severe ~alnstorm.
Mrs. Margetta Ayres, 3803 Southwestern, stated that she did not get water in her
Qome inasmucQ as her house is constructed on,pier and beams, but that her auto-
mobile flooded while parked on the highest part of the driveway.
City Manager Jim Brown advised that hehad been in the area of Marquette, South-
western and Riley on the night of ,the storm and that the problem had been created
when Poor Farm Ditch and Braes Bayou could no longer contain water from the city~s
storm sewer. collector system and the water went to the lower areas of the city.
Mr. Brown also advised,that plans were being made to work with the Harris County
Flood Control District to get recommendations for flood control.
",/
Mr. Bill Champion, 3832 Southwestern, stated that his garage had flooded three
times since moving to West UIliversity and it was his belief that much of the'
water in that area was coming from Southside Place.
Mr. H. E. Emmerton, 3822 Southwestern,'stated that he believed the city to be
negligent in not ~eeping the storm sewers cleaned out~ noting that there were
large concr~te blocks removed from the storm,sewer along with all types and
kinds of debris. Mr. Brown responded that the city had a crew on a rotating
basis five days each week cleaning storm sewe:rs and that much of the trouble III
was caused by large leaf trees in the area. '
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In response to a question by Mr. Charles Welch, 4115 Emory, Mayor Cole advised
that the City of West University Place would be required to go to surface water
in twelve to fifteen years. a;!ldthat subsidence was' nota,PJoblem at this time.
; ; _;:. ~ ~ 7: _. :_ .' ',<
Additional discussion regarding the flooding included the'need for ditches in
the southwest quadrant of the city to be cleaned, the poor condition of College
Street and plans for city staff review of the conditions the night of the flood-
ing in order to formulate plans should we experience a future similar condition.
Mr. Gerald Kerbow, 2630 University Boulevard, requested information regarding
the actual .legal status of the tax referendum approved'by voters in the last
city election. Commissioner Hoxneadvised Mr. Kerbow that the City Commission
had not taken action to adopt an enabling ordinance inasmuch as the City at-
torney had advised that the amendments as approved we~e not legal and that it
was the intent of the Commission to effect certain budget reductions in order
to accomplish the intent of the amendments.
City Attorney David Allums stated that the amendments were inconsistent with
the state constitution and state statutes and the City Commission has
the option of passing an enabling ordinance or not passing .such ordinance.
BISSONNET/MERCER TOWNHOUSE DEVELOPMENT: Miss Peggy Pepper of Evergreen Development
Corporation appeared before the Commission in behalf of a request to erect a
sign ,on the'property to be developed for townhouse construction at Bissonnetl
Mercer during the construction phaseof,the project. Miss Pepper stated that
the sign would include the name of the project"the price range of the units,
the name of the person to be contacted for information and the name of the pro-
ject developer.
Miss Pepper stated that the sign would be erected on top of the existing wood
fence on the property with a wrap-around design facing both Bissonnet and Mercer,
would be 4' x 9', and remain in place for ,approximately eight months.
Motion by Commissioner Horne~ seconded by Commissioner Maneval, that the request
of Evergreen Development Corporation to e~ec:t a'sign on'the existing fence at
the Bissonnet/Mercer townhouse site be approved with a condition that"the sign
be removed within one (1) year from the date of its erection unless granted an
extension by the City Commission.
Voting Aye: ' All
, Voting No: None
FIRE LIMITS: Ordinance Number 1136 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
6-6.1.1 TO DELETE CERTAIN PROPERTY IN FIRE ZONE 10, TRACT
6; AND PROVIDING AN ,EFFECTIV.E DATE.'
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS:
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Section 1. That the Code of Ordinances of the City of West Univer-
sity Place, Texas, is hereby amended by the amending of Section 6-6.2.2,
Tract 6, which said section shall: read as follows:
"Section 6-6.2.2 :. Same - Zone 10
Tract 6
Lots 1 and 2, Block 92, West Universtiy Place Second Addition
Lots 1 and 2, 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
immediately from and afteri is passage' and approval by the Mayor.
PASSED AND APPROVED this
day of
, 1979.
Motion by Commissioner Horne, seconded by Commissioner Ahrens, that Ordinance
Number 1136 be approved as read.
Voting Aye: All
Voting No: None
PRECOATED NATURAL ,LIMESTONE ROCK ASPHALT. In accordance with 'previous action of
, Ci tyCommission; bids. received for delivery of 800 tons of precoated natural
limestone rock asphal~ were opened and results announced as follows:
Bidder
Materials Cost
Per Ton
Freight
Per Ton
Weight Per
ClIh i c: Y:;rril
Cost Per
Cnhi c: Y::Iril
the
MUNICIPAL COURT DEPUTY CLERK' Resolution Number 79-21 was presented to the Commis-
sion and read in full:
Whi te 's Mines
Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that this
item be recessed UIitilWednesday, May 16, 1979, pending' receipt of a report
from Street, Superintendent A. L. Bearden. regarding previous suppliers, costs,
etc.
Voting Aye: All
Voting No: None
WHEREAS, Robin Rothrock, employed as a Police Dispatcher and
appointed as Deputy Clerk of the MUnicipal Court of the City of West
University Place, Texas, has resigned her position with the city; and
WHEREAS, Marjorie J . Higgins has been employed as a 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:
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,Section 1. That Matjorie J . Higgins he., arid she is hereby,
appointed Deputy; Clerk .of J:he Municipal Court of. the City of. West, Uni-
versity Place, Texas..
Section 2. That the appointment of MarjorieJ. Higgins as DepVty
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 qerk (lfter being administered the
proper Oath of Office.
PASSED AND APPROVED this
day of
, 1979.
Motion by Comini.ssioner Ahrens,sycondedby Commissioner, Maneval, that Resolution
Number 79-21 be approved as read.
Voting Aye: All
Voting No: None
1978 AUDIT OF CITY'S RECORDS AND. ACCOUNTS: The Commission was presented a second
progress billing for services rendered by Coopers & Lybrarid,Certified P~blic
Accountants, in the preparation of the 1978 audit report in the amount of
$3,000.00. ' '
Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that Invoice
Number 509 in the amount of $3,000.00 submit~~d byCoop,ers. & Lybrand, be ap-
proved ,for payment.'
Voting Aye: All
. Voting No:, None
WATER WELL NO.7: An invoice in the amount of $ 745.4.0 submitted by Langord Engi-
neering Company for contract services on the design of water. well no. 7 and
,a 12-inch water. transmission line was present~d for consideration.
, '
Motion by Commissioner Ahrens, second~d by Commissioner Horne, that the invoice
in the amount of $745.40 submitted by Langford Engineering, Inc. be approved for
payment.
Voting Aye: ,All
Voting No: None
SANITARY SEWER LIFT STATION.REPAIRS: An invoice in the amount of $7,,174.42 submitted
by Naylor- Industries for emergency repairs~ade ,on a sanitary sewer line in
College Court that collapsed was presented for consideration.
Motion by Commissioner Ahrens".seconded,by Commissioner Ho:r:ne, that the invoice
submitted by Naylor ,Industires ,in the am<:>pnt of $7 ,174. 42 ,be' :;tpproyedfor pay-
ment.
Voting Aye: All
Voting No: None
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WASTEWATER TREAT~ffiNT FACILITY: City Manager Jim Brown advised the Commission that U
it had been hop~d that the <;:ity,'s grant appl~cation would have been received,
but consu1tingengin~er Dieter Ufer of Bayshore Engineer's had advised that it
is with fifty others in Dallas waiting to b-e typed a.,nd, distributed., It was
also noted that in some instances Congressional representatives were advised
of the grant, approval in order that they may in turn advise the cities in their
district. '
CIVIL DEFENSE: City Mapager Jim Brown advised tluit. a meeting had been held with
employees involved in city operations the night of the flooding in the area
to critique flood operations and that a draft had been prepared on an emergency
needs assessment. Following review by all, employees concerned, a procedure
will be developed as a guideline in event we again encounter severe rainstorms.
PERSONNEL POLICY AND PROCEDURES MANUAL: Assistant Gity Manager Dick Rockenbaugh ad-
vised the Commission that a draft of changes 1::0 be )nade in the Personnel Policy
and Procedures Manual would be available' for review by the City Commission in
workshop session on Wednesday, May 23rd.
SANITARY LANDFILL TRENCHING: The Commission was advised that it would be necessary
to advertise forbids for tenching at the sanitary land~ill site, and that
it would also be nece~sary to employeean engineer on a consultant basis to
prepare the necessary specifications. City Manager Jim 'Brown noted that he
had discussed this matter with former City Engineer David Steitle, and that he
had indicated that he would be,interesteq in p~eparingthe, specifications.
. -. . .
Motion by Commissioner Maneval, seconded by Commissioner Horne, that former
City Engineer David Steitle be put on a retainer for the preparation 'of speci-
fications for sanitary landfill trenching, and the City Manager authorized to
advertise for bids for such trenching.
o
Voting Aye: AIr
Voting No: None
LEGAL MATTERS: City Attorney David Allums advised the Commission that the suit filed
by former Police Officer Sill Ballard had been referred to the city's, insurance
carrier.
Mr. Allums further advised that he planned to have lunch with the attorney
involved in the suit filed by Mr. McDonald ,and that he was continuing work
on cases referred to him by former City Attorney Charles Cockrell.
CITY MANAGER'S 'REPORT: City MaIiagerJim Brown ascertained that all members of the
City Commission planned to attend a tour ,sponsored by Houston Lighting and Power
Company to their new South Texas nuclear energy plant on Friday, May 18th.
Mr. Brown advised that nineteen (19) applications had been received for the
position of Chief of -Police, seven (7) for theposi tion of Finance Director
and three (3) for the position of Tax Assessor/Collector, noting that advertise-
ments had been placed in both the Houston Post and Hou~ton Chronicle on Sunday,
May 13th. Mr. Brown stated that Mr. Marvin Sekula had been employed as Water/
Sewer Superintendent and would report for duty on May 21st.
Mr. Brown requested that members of the City Commission who planned to attend
the Institute for Mayors, Councilmembers and Commissioners in San Angelo during
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JUne 9/12 advise the Texas Municipal League office. Mr. Brown noted that Mayor
Cole had been requested to participate on a'panel during the institute.
CONCERNS OF THE CITY COMMISSION: Mr. BroWn responded to a question by Commissioner
Horne indicating that the amb~lance was expected to be returned on Friday with
the new cab and chassis; "that: amendment to the city' s nois~ ordinance had not
creating any problems; that all accounts had'been transferred from other banks
to Chemical Bank as the city's depository; and that consideration was being
given to the purchase of a tranquilizer gun for use in the animal control pro-
gram.
Commissioner Ahrens presented each member of the Commission a letter from the
West University Elementary School PTA requested re-designation of bicycle
lanes and jogging track. This will be considered at a workshop meeting on
May 23rd. '
Mr. Ahrens requested information regarding publicity being given to the eye
screening program conducted by the Service-to-Aging Department inasmuch as it
was an excellent program.
Mayor Cole stated that it was doubtful that he would be able t,o attend the
Institute for Mayors and Councilmembers to'beheld in San Angelo'on June 10/12
and'that he would like for Mayor Pro~Tem Sonny Ahrens to represent the city
on a panel discussion.
Commissioner Maneval was advised that at the present time two members of the
Police Department were"on suspension waiting for hearings.
Motion by Commissioner Horne, seconded by Commissioner Maneval, that during
the tenure of Captain Fenwick as Acting Police'Chief that he be paid all of
the pay allowances of the position of' Chief of Police back to the date he as-
sumed such role in addition to' the gratitude of' the City Commission.
Voting Aye: All
Voting No: None
ZONING AND PLANN1NG COMMISSION MINUTES': Commiss;ioher Horne briefly reviewed minutes
of the special meeting of the Zoning and Planning Commission on April 2, 1979,
noting'that new sanitary sewer lines will be constructed to serve the project,
plans for adequate storm sewer service, ahd the opinion of the Chairman of the
Commission that in his opinion this was the, best-project presented to such Com-
mission in line with the desires for construction when the townhouse district
was created.
ADJOURNMENT: Upon motion duly made, seconded and carried, the meeting recessed until
7:30p.m., Wednesday, May 16, 1979.
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ATTEST:
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CITY COMMISSION 'RECESSED MEETING
, May 16, 1979
The City Commission convened in recessed session at the City Hall on Wednesday,
May 16, 1979, with the following members present: Mayor Cole, presiding; Com-
missioners Ahrens, Horne and Maneval. The City Manager was also present. Com-
missioner" Rosenbaum was out of the city.
Mayor Cole stated that the purpose of the recessed meeting was to give further
consideration to a bid received from White's Mines for delivery of 800 tons of
rock asphalt for coverstone for use' by the Street Department.
City Manager Jim Brown presented the following report from Street Superintendent
A.L. Bearden:
There are only two vendorsfor'this material mined from a natural de-
posit near Uvalde, Texas. These are Uvalde Rock-Asphalt Company and
White's Mines. Uvalde Rock Asphalt Company has shown little or no
interest in_,supplying our requirements for the' past several years.
, " White's Mines have always bid using rail' freight' delivery.~'Tp:is'year
White's Mines bid using truck delivery at twerity~one dollars and ninety
three cents per ton. Rail freight would have been approximately four
dollars and fifty cents per ton. Our present budget was computed using
rail freight. The use uf truck freight would cause substantial over
expenditures.
I have made contact ~ith White's Mines'local representative and am
awaiting their explanation'of the'reason fOT'switching to truck 'de-
livery and any possible 'alternative to" this method of delivery. The
bid price of the'material F.O.B. plant is slightly lower than was anti-
cipated and would be well within our 1979 budget should we be able to
use rail freight for delivery.
Following a discussion regarding alternative construction materials that might
be considered and methods or delivery, it was the decision of the Commission
that this item be deferred until the next regular meeting of the Commission
at which time a report from the local representative of White'~ Mines should
be available fOT consideration.
Upon motion duly made, seconded and carried, the meeting adjourned at 8:15 p.m.
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REGULAR CITY COMMISSION MEETING:.
May 28, 1979
The City Commission convened in regular session at the. City Hall on Monday, May 28,
1979, 7:30 p.m., with the following members present: Mayor Colejpresiding; Commis-
sioners Ahrens, Maneval and Rosenbaum. The City Attorney and City Manager were also
present.
The Invocation was pronounced by Commissioner Horne,
CITY COMMISSION MINUTES: Minutes'of' the regular meeting of the City Commission on May
14, 1979, and a recessed meeting on May 16, 1979, were presented to the Commission
for consideration.
Motion by Commissioner Maneval, seconded by Commissioner Horne, that minutes of
the regular meeting of the City Commission on May 14, 1979; and a recessed meeting
on May 16, 1979, be approved as submitted.
Voting Aye: All
Voting No: None
APPOINTMENT OF AMBULANCE ADVISORY COMMITTEE: Resolution Number 79-22 was presented to
the Commission and read in full:
WHEREAS, it is the obligation of the City Commission, pursuant to
proVlslons of the City Charter and ordinances heretofore adopted, to appoint
members to various Boards and Committees; and
WHEREAS, the Mayor and members of the City Commission have contacted
and interviewed qualified citizens to serve on the Ambulance Advisory Com-
mittee; and'
WHEREAS, certain persons have indicated a desire and willingness to
serve as,' members of the Ambulance Advisory Committee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS:
Section 1. That the following persons be appointed to serve as mem-
bers of the Ambulance Advisory Committee:
Connie Boynton
Dr. Randy Bailey
Dr. Paul Handel
Archie Ryan
Section 2. That the persons hereby appointed to the Ambulance Advisory
Committee shall serve without compensation.
Section 3. That the persons her~by appointed shall serve until the
appointment and qualification of their successors.
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PASSED AND,APPROVED this,
day of
, 1979.
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Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that
Resolution Number 79-22 be approved as read.
Voting Aye: All
Voting No: None
Mayor Cole administered the Oath of Office to the following members of
the Ambulance Advisory Committee;
Connie Boynton
Dr, Paul Handel
Archie Ryan
APPOINTMENT OF ELECTRICAL BOARD: Resolution Number 79-23 was presented to the
Commission and read in full:
WHEREAS, it is the obligation of theCity,Cornmission,pursuant to pro-
visions of the 'Charter of the City of West University Place, Texas and ordi-
nances heretofore adopted, to appoint members to various Boards; and
WHEREAS, the Mayor and members of the City Commission have contacted
and interviewed qualified citizens to serve on the various Boards; and
WHEREAS, certain persons have indicated a desire and willingness to
serve as members of the Electrical Board.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
WEST .UNIVERSITY PLACE, TEXAS:
Section 1. That the following persons be appointed to serve as members
of the Electrical Board:
A. B. Fisk
Oscar Johnson
James Todd
Jayne Davis
Bill Clowe
Section 2. That persons hereby appointed to the Electrical Board shall
serve withour compensation.
Section 3. That the persons hereby appointed to the Electrical Board
shall serve for a period of two years from the date of this Resolution, and there-
after until the appointment and qualification 'of their successors.
PASSED AND APPROVED this
day of
, 1979.
Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that Resolution
Number 79-23 be approved as read.
Voting Aye: All
Voting No: None
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, Mayor Cole administered the Oath of Office to the following as members of the
Electrical Board:
Oscar Johnson
James Todd
Jayne Davis
APPOINTMENT OF PLIIMRTNC; ROARTY' Resolution Number 79-23 was presented to the Commission
and read in full:
WHEREAS;itis;~theobli:gationof,the City Commission, pursuant to pro-
V1Slons of the Charter of the City of West University Place, Texas and ordinances
heretofore adopted, to appoint members to various Boards; and
WHEREAS, the Mayor and members of ,the .City Commission have contacted
and interviewed qualified citizens to serve on the various Boards; and
WHEREAS, certain persons have indicated a desire and willingness to
serve as members of the Plumbing Board,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS:
Section 1, That the following persons be appointed to serve as members
of the Plumbing Board:
Scott Cameron
Roy Harper
T. O. Sword
Carolyn Sparks
Ron Taylor
Section 2. That the persons hereby appointed to the Plumbing Board
shall serve without compensation.
Section 3, That the persons hereby appointed to the Plumbing Board
shall serve for a period of two years from the date of this Resolution and
thereafter until the appointment and qualification of their successors.
PASSED AND APPROVED this
day of_
, 1979.
Motion by Commissioner Rosebaum,seconded by Commissioner Horne, that Resolution
Number 79-24 be approved as read.
Voting Aye: All
Voting No: None
Mayor Cole administered the Oath of Office to~,the following as members of the
Plumbing Board:
Scott Cameron
Carolyn Sparks
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214
HEARING QF RESIDENTS': Mayor Cole advised those persons in attendance that following
the previous meeting of the City Commission attended by numerous residents
living on Southwestern who expressed concern with recent flooding that he had
visited the area and that consideration would be given to a solution to the
problem.
~
Mr. Vince Lobue~ 3928 Coleridge, requested information regarding the handling
of complaints that are made by residents. to which City Manager Jim Brown ex-
plained staff use of Request for Service forms.
Mrs. Dorothy Rieger. 6516 Brompton, was advised that the city wide mosquito con-
trol programhadbeguri and would be in her area of the city in the near future.
Mr. John Jaynes, 6110 Annapolis. requested that residents in the 6100 block of
Annapolis be advised that the city does not remove the discarded lawn mowers and
that there w~s:,a number of places where trash and limbs had not been removed
for over three weeks.
In response to a question from Commissioner Horne regarding the current chipper
operation schedule, Mr. Brown stated ,thaLthecschedule 'was:!.now approximately
weeks subsequent to receiving a call. Commissioner Horne recommended that a check
be made of an agreement with Trees of Houston for limb removal in event an over-
loading problem was again encountered and a report presented at the next meeting
of the City Commission.
ELECTRONIC DATA PROCESSING EQUIPMENT: In response to an invitation by the Commission 0
_, ::"M:r. "Bob:, Rogers 9lldMs. ,Lou Scroggins of;!'I~R appeared, to discuss electronic data
,processing equipment.
Each member of the Commission was presented a rent/cost analysis showing charges
for each electronic data processing model under consideration including the IBM
Model 32, NCR Model 8231 and NCR Model 8271.
Discussion regarding advantages of a lease/purchase agreement and/or a rental
agreement included cost comparison for each; availability of service for the
equipment; penalty costs in event the entire contract period was not fulfilled;
and priority functions to be performed by the equipment.
Commissioner Rosenbaum noted that major expenses facing the city in the near
future included water well no. 7, new s'ewer lines and the, construction of a new
waste water treatment facility and that it was her belief that the city did not
have a need for electronic data processing equipment.
Motion by Commissioner Horne, seconded by Commissioner Ahrens, that the regular
meeting of the City Commission be recessed for a period of ten (10) minutes.
Voting Aye: All
Voting No: None
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Discussion of electronic data processing equipment resumed following the recess
with members of the Commission reviewing the penalty provisions of the NCR
proposal; need for the equipment in order for the Commission to have current
financial information prior to making decisions for expenditure of funds and
the maintenance of the best investment program'for city funds; and the flex-
ibility of each system proposed.
Motion by Commissioner Horne, seconded by Commissioner Maneval, that the City
Commission accept the proposal submitted by NCR for delivery and installation
of the NCRMode1 1831 on a lease/purchase basis for a period of sixty (60)
months.
Voting Aye: Commissioner Horne
Commissioner Maneval
Voting No: Mayor Cole
Commissioner Ahrens
Commissioner Rosenbaum
Motion by CPmInissioner Ahrens, seconded by Commissioner Horne, that the City
Commission accept the proposal submitted by NCR for delivery and installation
of the NCR Model 1831 on a rental basis for a period of one year.
Voting Aye: Commissioner Ahrens
Commissioner Horne
Commissioner Maneval
Voting No: Mayor Cole
Commissioner Rosenbaum
City Manager Jim Brown requested that he be authorized to employ Mr. Thomas L.
Tarrillion of San Antonio to prepare the tax program for use with the NCR equip-
ment inasmuch as he had developed a program used by most municipalities very
successfully and would prepare such program fora fee of $4,500.00.
Motion by Commissioner Horne, seconded by Commissioner Ahrens, that the City
Manager be authorized to employ Mr. Thomas L. Tarrillion at a fee of $4,500.00
for the preparation of a tax program for the City of West University Place.
Voting Aye: Commissioner Ahrens
Commissioner Horne
Commissioner Maneval
Mayor Cole
Voting No: Commissioner Rosen-
baum
CASH REGISTER COMPATIBLE TO ELECTRONIC DATA PROCESSING EQUIPMENT: The Commission was
presented a request to advertise for bids for purchase and delivery of a cash
register that would be compatible to the NCR electronic data processing equipment.
Motion by Mayor Cole, seconded by Commissioner Horne, that the City Manager be
authorized to advertise for bids for delivery of a cash register, with bids to
be received by the City Commission on Monday, June 25, 1979.
Voting Aye: All
Voting 'No: None
OPERATION OF FINANCE DEPARTMENT: The City Manager presented a recommended change in
the operation of the Finance Department whereby the functions of the finance
operation and the tax operation would be separated with each function being headed
by a qualified employee. Duties of the Finance Director and the Tax Assessor/
Collector were reviewed by the City Commission.
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Motion by Commissioner Horne, seconded by Commissioner Maneval, that reorgani-
zation of the' Finance Department be implemented in accordance with the out- U--
line presented in a proposal from the City Manager dated May 28, 1979. ,
Voting Aye: Commissioner Maneval
Commissioner Horne
Commissioner Rosenbaum
Mayor Cole
MUNICIPAL COURT PERSONNEL: The Commission was advised that in accordance with the
provlslons of the City Charter it would be necessary to re-appoint the persons
serving as Associates to the Municipal Court Judge and Prosecutor.
Voting No: Commissioner Ahrens
Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that Michael
Schneider and Terry Collins be re-appointed as Associate Judges of the Munici-
Court and that:Thomas,Taylor.and Betsy Rice Coleman be re-appointed Associate
Prosecutors of the Municipal Court for a period of sixty (60) days.
Voting Aye: All
Voting No: None
BIDS FOR DELIVERY OF FIRE HOSE: In accordance with previous action of the City Com-
mission, bids received for delivery of fire hose were opened and results an-
nounced as follows:
Bidder Feet Brand Name Size
Em-Quip, Inc. 500 National 2~"
300 1~"
Fire Fox 500 National 2~"
300 1~"
Claude Wright 500 2~"
300 1~"
1.89
1.45
Total Bid Price
945~OO 0
435'.00 1,-380:
Per Ft. Price
850.00
345.00 1,195.00
1.68
1.17
840.00
351. 00 1,191. 00
Motion by Commissioner Maneval, seconded by Commissioner Horne, that bids received
for delivery of fire hose be referred by Fire Chief Ben Wilcher for review and
tabulation and that the low bid meeting specifications be accepted.
Voting Aye: All
Voting No: None
CITY HALL COOLING TOWER INSTALLATION: The Commission was advised that specifications
distributed to receive bids for delivery of a cooling tower had been in accord-
ance with the existing cooling 'tower which was no longer manufactured, thereby
requiring preparation of new bids and moving the date to receive bids until
June 11, 1979.
SANITARY LANDFILL PERMIT APPLICATION: The Commission was presented an invoice in the
amount of $739.93 received from Neill Engineering Corporation for the prepara-
tion of a technical report on the sanitary landfill permit requirements, noting
that Mr. Neill had submitted the permit application for approval of the State 0
Health Department.
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Motion by Commissioner Maneval, seconded by Commissioner Horne, that the invoice
in the amount of $739.93 received from Neill Engineering C~rporation be approved
for payment.
Voting Aye: All
Voting No: None
REPAIRS TO SANTATION DEPARTMENT UNIT 607: Invoices in the amount of $348.86 and
$526.78 received from South Loop Ford for repairs made to Unit #607 used by
the Sanitation Department were presented for consideration.
Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that invoices
in the amount of $348.86 and $526.78 submitted by South Loop Ford be approved
for payment.
Voting Aye: All
Voting No: None
REPAIRS TO SANITATION DEPARTMENT PACKER BODY: Invoices in the amount of $729.00 and
$118.60 submitted by the Truck Shop for repairs made to a packer body made neces-
sary by a limb being caught between the blades was presented for payment.
Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that invoices
in the amount of $729.00 and $118.60 submitted by the Truck shop be approved for
payment.
Voting Aye: All
Voting No: None
WEST UNIVERSITY SOFTBALL LEAGUE: The Commission was advised that invoices in the
amount of $424.05 and $177.50 for practice shirts and balls used by the soft-
ball league was a pass through situation inasmuch as tuition fees were used to
defray league expenses.
Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that invoices
in the amount of $424.05 and $177.50 for softball practice shirts and balls be
approved for payment.
Voting Aye: All
Voting No: None
REPAIRS TO TD15B TRACTOR USED AT SANITARY LANDFILL SITE: Invoices in the amount of
,$451.80 and: $612. 35~' submitted; 'by Plains Machinery Company for repairs to the
TD15B tractor used at the sanitary landfill site were presented for consideration.
Motion by Commissioner Maneval, seconded by Commissioner Horne, the invoices in
the amount of $451.80 and $612.35 submitted by Plains Machinery Company be approved
for payment.
Voting Aye: All
Voting No: None
LEGAL MATTERS: City Attorney David Allums repprted that this was the final day of the
current session of the legislature and he would make a report at the next meeting
of the Commission.
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CITY MANAGER'S REPORT: City Manager J;imBrown reported that he ha.d discussed
ti'eIlching at the sanitary landfill site with former City Engineer David
Steitle who had recommended that Mr. Dave Neill of Neill Engineering
Corporation be employed to prepare plans and specifications for the trenching
at an approximate $300.00 cost., It was the decision of the Commission that this
item be discussed at a workshop session,
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Mr. Brown~ reported that arrangements ",had ,ae:en:::co~p];et(M-for the' re~stripingQf
bicycle lanes on Saturday, June 2nd,
CONCERNS OF THE CITY,COMMISSION: Commissioner Rosenbaum was advised that an investi~
gation would be made into a complaint she had received that children were asked
to vacate the swimming pool in favor the swim team.
PARKS AND RECREATION BOARD MINUTES: Minutes of the regular meeting of the Parks and
Recreation Board on April 3, 1979, were presented to the Commission for their
information and it was noted that 'requests of such Board would be considered
by the Commission at a workshop meeting.
ELECTRICAL BOARD MINUTES: Minutes of the regular meeting of the Electrical Board on
May 21, 1979, were presented to the Commission for their information.
With no further business to come before the Commission at this time, upon motion
duly made, seconded and carried, the meeting adjourned at 10:45 p.m.
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REGULAR CITY COMMISSION MEETING
June 11, 1979
The City Commission covened in regular session at the City Hall on Monday, June 11,
1979, 7:30 p.m., with the following members present: Mayor Cole, presiding; Commis-
sioners Maneval and Rosenbaum. The City Attorney and City Manager were also present.
Commissioners Ahrens and Horne were absent.
The Invocation was pronounced by Commissioner Maneval.
CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on
Monday, May 28, 1979, were presented to the Commission for consideration.
Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that minutes
of the regular meeting of the City Commission on May 28, 1979, be corrected to
indicate that Commissioner Ahrens voted against the re-organization of the
Finance Department and approved as corrected.
Voting Aye; All
Voting No; None
ST. ANDREWS PRESBYTERIAN CHURCH: Mr. Bob Dunn appeared before the Commission on
behalf of St. Andrews Presbyterian Church to request permission to move an
existing building from one lot to another for use by the church as a scout hut.
Mr. Dunn stated that the building was now located on a main portion of the church
property and it was desired to move it across the street to a site in a grove of
trees to provide a play area in addition to the scout hut. Mr. Dunn also stated
that the building would be kept the approximate same distance from Bissonnet as
it is at the present time andthat siding, probably abestos, would be replaced
on thebuilding~ Mr. Dunn presented members of'the Commission with a site map
indicating the present location of the building as well as the proposed new site.
Commissioner Maneval recommended that inasmuch as Commissioners Horne and Ahrens
were not in attendance at the meeting that this should be discussed at a work-
shop meeting of the City Commission.
Motion by Commissioner Rosenbaum, seconded by Commissioner Maneval, that this
item be included on the City Commission workshop agenda for Wednesday, Jun~ 13,
1979, and that representatives of the church be requested to appear before the
Zoning and Planning Commission on Tuesday, June 12, 1979, and an opinion be re-
quested from the Zoning & Planning Commission prior to the workshop meeting.
Voting Aye: All
Voting No: None
STREET TOPPING PROGRAM: The Commission was advised that Mrs. Kathy Ballanfant, 3123
Amherst, had a conflict and would not appear before the Commission to express
her concern with the policy of topping street without proper residential noti-
fication.
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HEARING OF RESIDENTS: Ms. Jayne Davis, 4120 Southwestern, presented a request to J
a~l West U~i~ersitfY re:didents tOd protest the high cost offf.g~SOline, ndoti~g "
t at a petltlon 0 reSl ents an appeal to government 0 lClals woul brlng
attention to the city, especially if all residents agreed to not drive their
automobiles on June' 23rd and planned to enjoy various activities and facilities
within the city.
Mrs. Doris Parks, 3836 Villanova, requested that a survey be made of College
Street from University to the dead-end to determine if topping the street
would help drainage and that a survey also be made of Poor Farm Ditch from
the Galleria 'area,' through West University to Braes Bayou to see if possible
cleaning out would help the drainiage problem. Mr. Brown advised that Mr. J. D.
Greene with the Harris County Flood Control District was working with the city
to clean Poor Farm Ditch.
In response to a question by Mr. Gerald Kerbow, 2630 UniveIsi,ty, regarding the
current status of the chipper operation, Mr. '~rown responded that consideration
was being given to working on Saturday to attempt to clean the entire city at
one time and then to establish a regular schedule for the chipper to follow.
Mrs. Ross, 3304 Albans, advised the Commission that she had no obj ections ,to
plans of St. Andrews Presbyterian Church to move a building to be used as a
scout hut, but that she did object to the warehouse building erected for a gym
by the church and.the back Ya~d flooding caused by such construction, and that
she also obj ected to the use "of asbestos siding on the scout hut.
Mr. W. L. Partridge, 4040 Ruskin, was advised that the Finance Department was
re-organized by the separation of the Tax Department and Finance Department
in order to provide up-to~date financial informa~ion and for better organization.
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APPOINTMENT OF CITY TREASURY.; Resolution Number 79-25 was presented to the Commis-
sion and read ihfull:
WHEREAS, Mr. Robbie R. Barnett,. employed as City Treasurer has
resigned his employment with the City of West University Place, Texas; and
'WHEREAS, Mr. Patrick 'O'Conner has been employed to serve as City
Treasurer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS:
Section 1.
O'Conner as City
and he is hereby
set forth in the
Texas.
The City Commission hereby names and appoints Patrick
Treasurer of the City of West University Place, Texas,
vested with all 'of the duties and responsibilities as
Charter of said City and the Statutes of the State of
active
Section 2. The effective date of such appointment shall be retro~ n
to JUne 5, 1979. ,
PASSED AND APPROVED this day of , 1979.
Motion by' Commissioner Rosenbaum,,, .secuI).decLb}l:.€iomin:;tssioner. . Man eval:,;. t:hat;
Resolution Number 79-25 be approved as read.
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Voting Aye: All
Voting No: None
Mayor Cole administered the Oath of Office to Mr. Patrick O'iConnor as
City Treasurer of the City of West University Place.
APPOINTMENT OF TAX ASSESSOR/COLLECTOR: Resolution Number 79-26 was presented to the
Commission and read in full. "
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WHEREAS, Mr. Robbie R. Barnett, employed a's Tax Assessor/Collector
has resigned his employment with the City of West University Place, Texas;
and
WHEREAS"Mr.Joseph Harris has been employed to serve as Tax Assessor/
Collector.
NOW, THEREFORE, BE ITRESOLVED'BY THE CITY COMMISSION OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS:
~
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Section 1. The City Commission hereby names and appoints Joseph Harris
as Tax Assessor/Collector of the City of West University Place, Texas, and he is
hereby vested with all of the duties and responsibilities as set forth in the
Charter ~f said City and the Statutes of the State of Texas.
Section 2. The effective date of such appointment shall be retroactive
to June 4, 1979.
PASSED AND APPROVED this
day of
, 1979.
Motion by'Commissioner Maneval, seconded by COmlnissioner Rosenbaum, that Resolu-
tion Number 79...:26 be approved as read.
Voting Aye: All
Voting No: None
Mayor Coleadmlnis'tered the Oath of Office to Mr. Joseph Harris as Tax Assessor/
Collector of the City of West University Place.
AIR CONDITIONING TOWER BIDS: In accorda~ce with previous action of the City Commission,
bids received for delivery and installation of an'alr conditioning cooling tower
, were' opened and results announ,ced as follows:
Coastal Mechanical
Servall Mechanical
Way Engineering
4,350.00
'4,265.00
3.293.44
'~otionby Commissioner Maneval; seconded byCommission'er Rosenbaum, that this
item be recessed until Wednesday, JUne 13; 1979, in order that bids received
might be analyzed and a recommehdationfor purchase presented to the Commission.
Voting Aye: All
Voting No: None
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222
STREET DEPARTMENT MATERIALS: In accordance with a request by the Commission for ad-
ditional information regarding the bid of White's Mines for delivery of rock
asphalt for coverstone, the following information was presented:
I appreciate your discussion with our George Sutherland regarding
our recent bid to the City of West University Place.
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The current railroad freight rate to your area (Houston, Texas) is
$,?i:73:per ton~' This would make' the total bid on rail delivery $13.73
per ton. This discount as shown on the bid will remain the same.
Since the supply of railroad cars is so limited we cannot make any
prediction as to the amount of delivery time that will be required
but every effort will be made to expedite your shipments promptly.
Also, the railroads have requested a freight rate increase, now
before the Texas Railroad Commission, and should this increase be
granted, we will be forced to increase the freight cost to the
City as well as any other increase the railroads may be granted.
We certainly appreciate the business you have given us in the past
and hope t6be of service to you with rail delivery.
1. Truck Delivery. This method would assure us of delivery, but
would cause an expenditure of twelve thousand dollars more than
was authorized in our 1979 budget.
,:
2. Rail Delivery. This method would be approximately,fifteen
dollars per ton cheaper and would be within the amount approved
in our 1979 budget, but 'delivery of the full amount of material
required would be uncertain.
I have 'inventoried our present supply of coverstone and find that this
material, plus the amount that could reasonably be expected from rail
shipment, would be enough to maintain those streets that are most in
need of preventative maintenance, but would probably not be enough to
complete our entire 1979 resurfacing program.
'In view of the above' cons.iderations, I would suggest that we accept rail
delivery for this coverstone, use it as far as it will go and divert any
excess manpower to other improvements such' as numerous base repairs that
are needed and could be made with.material obtained locally.
Motion by Coinmissiorier .Maneval, setonded,,;byCoi'nmiss:i:o.tler:~ ,Rosenhaum:..,~ that the, U
City Commission accept the proposal submitted by White's Mines for delivery
of 800 tons of precoated natural limestone rock asphalt by rail from Uvalde,
Texas for $13.73 per ton.
Voting Aye: All
Voting No: None
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IBM SELECTRIC TYPEWRITERS: An invoice in the, amount of $810.00 for purchase of a
IBM Selectric typewriter for the Municipal Court and an invoice in the amount
of $1,620.00 for the purchase of two IBM Selectric typewriters for the Finance
Department were presented for consideration.
Motion by Commissioner Maneval,' seconded by Commissioner Rosenbaum, that payment
be made to IBM in the total amount of $2,430.00 for delivery of three IBM Selec-
tric typewriters.
, Voting Aye: All
Voting No: None
,
STREET DEPARTMENT MATERIALS: An invoice in the amount of $2,658.43 from Wright Asphalt
Company for delievery of 6,300 gallons of colas for the street maintenance
program was 'presented for consideration~
Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that the
'invoice submitted by Wright Asphal t Company be approved for payment.
Voting Aye: All
Voting No: None
PLUMBING BOARD: Mayor Cole administered the Oath of Office to Ron Taylor as a mem-
ber of the Plumbing Board inasmuch as Mr. Taylor was unable to attend the meet-
ing of the City Commission on May 28th when other board members took the Oath.
LEGAL MATTERS: City Attorney David Allums adivsed the'Commission that he would like
to discuss the recent session of the State Legislature in more detail early in
July and that it was his opinion that the Legislature had treated cities kindly.
CITYMANAGERIS REPORT: City Manager Jim Brown reported that some problems had been
encountered with the trash bin located at the water plant for use by residents,
inasmuch as residents were purchasing permits, employing someone to haul their
trash to the site and then discovering that the bin was full. Suggested solu-
tions included that permits not be sold for Mondays in order for the bin to be
emptied by the contractor.
Mr. Brown stated that plans were being made for payment of overtime on Saturday
to permit employees of the Sanitation and Street Departments to make a concen-
trated effort to get all trash hauled out of the city in an effort to let the
chipper operate on a regular basis. '
Mayor Cole agreed to write a letter to State Representative Brad Wright for
his support of legislation to permit cities to retain original jurisdiction
over utility rates.
Mr.' Brown reported that both he and consulting engineer Dieter Ufer were having
difficulty in communicating with persons in charge of the city's wastewater treat-
ment plant grant offer_but efforts were continuing to get a status check.
The Commission was advised that final payment of $31,770.60 of the city's grant
for the construction of the Colonial Park Recreation facility had been received
from the Texas Department of Parks and Recreation.
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224
CITY COMMISSION CONCERNS: The Commissipn, was advised that work on Wier Park was al-
,most complete ,and shoul4 be ready for the installation of the fence in a couple
of weeks.
Members of the Commission decided to study, in workshop session, means by which
joggers and bicycle riders could b~ required to wear lights or other reflective
devices when out at night.
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ZONING BOARD OF ADJUSTMENT MINUTES; Minutes of the regular meeting of the Zoning
Board of Adjustment on May 16, 1979, were presented to the Commission for their
information.
ZONING AND PLANNING COMMISSION: Minutes of a special meeting of the Zoning and Plan-
ning Commission on May 22, 1979, were presented to the Commission for their in-
formation.
ADJOURNMENT: With no further business to come before the Commission at this time,
upon motion made, seconded and carried, the meeting adjourned at 9:00 p.m.
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REGULAR CITY COMMISSION MEETING
June 25; 1979
The City Commission convened in regular session at the City Hall on Monday, June 25,
1979, 7:30 p.m., with the following members present; Mayor Pro-Tem Ahrens, presid-
ing in the absence of Mayor Cole; Commissioners Horne, Maneval and Rosenbaum. The
City Attorney and City Manager were also present.
The Invocation was pronounced by Commissioner Rosenbaum.
CITY COMMISSION MINUTES: Minutes of the regular meeting of the City Commission on
June 11, 1979; were pres~nted to the Commission for consideration.
Motion by Commiss'ioner Maneval, seconded by Commissioner Rosenbaum, that minutes
of the regular meeting of the City Commission on June 11, 1979, be approved as
submitted.
Voting Aye: All
Voting No: None
PROVISIONS OF 'FENCE ORDINANCE: Mr. Richard P. Nethers, 2736 Bellaire Boulevard, who
had requestedpermission'to express his concern with certain provisions of the
fence ordinance presented the following letter to the Coinmission:
We are here to discuss zoning and fence regulations for the perimeter
block of West University and specifically concerning our property located
at 2736 Bellaire.We've owned this property since 1971 and during recent
years have watched Bellaire Blvd. turn into a freeway. That factor along
with the new zoning'ordinance allowing construction of townhouses consti-
tute our two main subjects. ..
First, we would like to discuss the town house ordinance as it relates
to bur property. Last y~ar,t'own houses were completed next door to us.
Our problem is that they bought in additional fill such that their pro-
perty is approximately one foot ,higher than ours and in doing so they
filled dirt onto our property which they have thus far refused to remove,
level, sod or in any manner bring to a condition such as it was previous
to their construction.
It now appearsas~ if we' will have to bring suit and I believe the city
with proper rulin~s could .have circumvented the situation.
Secondly, in the construction of their fence they left our side un-
finished in appearance and with electrical conduit exposed while their
side looks very nice. We understand they are within the city regulations
and we firmly contend the code should be changed. It is unfair that
they should be atlowed to detract from the appearance of our property
in such a manner. ' ,
Our second point of discussion involves the fence ordinance concerning
our property.' During the past year our home was burglarized solely due
to,the fact that the thieves easily observed us packing our vehicle for
a trip. In' additi.on, the 24 hour Safeway across Bellaire has increased
the pedestrian traffic up and down the boulevard, causing us to feel un-
safe.
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Our desire is to enclose our property with an 8 foot privacy fence.
The reason for this are two fold and may be deduced from the previous
comments. 'Obviously security as explained is a major reason. Another
important factor is the noise pollution of Bellaire Blvd. Tractor,
trailers, turbocharged buses, speeding automobiles, motorcycles
and an abundance of ambulances all rO;lr up and down the street 24
hours a day.
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The townhouses next door may build a fence out to the property line
and we believe we should also have this privilege. One would hope the
city could ensure that these fences are constructed in an aesthetic
manner.
Additionally we see high fences on Kirby along the sides of houses
that face ~n 'interior stre~t. We know this is allowable under current
code. However, the c6de does not allow us to construct a fence in front
of our home so that we may feel safe and secure. We contend that Bellaire
Blvd., has evolved to the point where a separate set of rules are in
order.
City Manager Jim Brown advised that he had visited with Mr. and Mrs.
Nethers on two occassions regarding their problems and that the fence
adJacent to their property had' been constructed acco'rding to provisions
of the current fence ordinance.
City Attorney David Allums offered the following solutions to problems r-'j
confronted by Mr. and Mrs. Nethers.
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1. Bring suit against the owner or contractor of the townhouse project
to have fill ,dirt, removed from his property.
2. Make an application for 'a fence permit to construct an abutting
fence adjacent to his property which was permitted under the current
fence ordinance S'O long as provisions are made for a clean-out space
between the two fences.
3. Permission for the 'construction ofa fence could be permitted only
with action by the City Commiss'ion to amend the current fence ordi-
nance and it was suggested that this problem be presented to a com-
mittee designated by the City Commission to study various codes and
ordinances which had posed problems for various residents and make
recommendations for changes and/or revisions.
Mr. J. D. Woodsun, 3825 Tennyson, stated that careful consideration should
be given to the fence ordinance inasmuch as it affects many residents and
that consideration should also be given to fees charged for permits. Mr.
Woodson expressed concern as to the interest of the Commission in pro-
blems facing residents of the city.
Ms. Jayne Davis, 4120 -Southwestern, stat'ed that it was her belief thatu i', '" I
members of the Commission were very interested in solving problems l
faced by residents and that asa member of the Electrical Board she
was aware of problems Building Inspector Wayne Perry faced in working
with various existing codes and ordinances.
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HEARINGS OF RESIDENTS: Mayor Pro-Tem Ahrens advised Mr. Gerald Kerbow, 2630 Univer-
sity Boulevard, that he had previously been scheduled to present the City Com-
mission a report on"theTML meeting held in San Angelo whi'ch he attended, but
lack of time had precluded such presentation. Mr. Ahrens further stated he
hoped to review the meeting at a workshop meeting of the City Commission on
Wednesday, June, 27, 1979.
Mr. Kerbow was also advised that with the employment of Mr. Frank Robinson as
Chief of Police there was only a vacancy in the position of detective in the
Police Department at the present time,
Mrs. Dorothy Clary, 4131 Ruskin, was advised that plans and specifications are
required by the Inspection Department prior to issuance of permits for new con-
struction and remodeling.
PARKS AND RECREATION BOARD: In the absence of members of the Parks and Recreation
Board, Mr. Ahrens reviewed minutes of a meeting of such Board on June 12, 1979,
taking action to open the Community Building on the 1st and 3rd Saturdays of
each month for teen (13 to 17) activities from 7:00 to 10:00 p.m. with the
following rules to be followed:
1. Once ,a youth enters he/she may not leave and return.
2. No smoking allowed - Parents will be notified if caught.
3. No alcohol or drugs - Parents will be notified if caught.
4. Parents will be responsible for any damage caused by the child.
5. Stealing, fighting or using abusive language - Parents will be
notified.
Following a determination that comments had not been received from Community
Services Director Bob Gurley on the request, it was the decision of the Com-
mission that this item be deferred until the workshop session on Wednesday,
June 27, 1979.
ELECTRONIC REMITTANCE CONTROL DEVICE: In accordance with previous action of the City
Commission, it was noted that 'invitations to bid on delivery of an electronic
remittance control device had been mailed to the following firms: Victor Com-
puter Corporation, 1. B.M." Malloy's Cash Register Company, Inc~ and N.C .R. ,
with only N,C.R. responding with a bid which was opened and results announced
as follows:
N.C.R. - $5,287.50 for a Model 250 delivered and installed
forty-five (45) days after receipt of order.
Members of the Commission discussed costs for a maintenance agreement to cover
'repairs on an 8: 00 a.m. to 5 :00 p.m. basis s'ix (6) days a week; supplies that
would be required; training for city employees; and differences in the quoted
Model 250 and the Model 280.
.
It was the decision of the Comrilissiori to 'accept the recommendation of Mr. Brown
that a decision be delayed until specifications are checked with the bid to be
sure they'agreeand this item recessed until Wednesday, June 27, 1979.
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228
COUNCIL ON AGING: Resolution Number 79~27 was presented to the Commission and read
in full:
WHEREAS, by Resolution Number 75-29 the City Commission of the
City or West University Place, Texas, established a Council on Aging;
and
WHEREAS, it is the desire of the City Commission to make certain
changes in the Council on Aging to give a wider input of ideas and
opinions and to strengthen the leadership role of the Council in ad-
vising and guiding the Senior Services Department of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. The membership of the Council on Aging is hereby
chang~d from seven (7) members toel~ven (11) members, including the
Chairman of the Council on Aging.
Section 2. That members of the Council on Aging shall serve for
a period of two (2) years.
Section 3. That all other provls10ns of Resolution Number 75-29
shall still be applicable to the Council on Aging.
PASSED AND APPROVED this
day of
, 1979.
Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that Resolu-
tion Number 79-27 be approved as read.
Vo'ting Aye: All
Voting No: None
SANITARY LANDFILL PERMIT: The Commission was advised that a Public Hearing will be
held at the City Hall on Thrusday, July 19, 1979, 9:30 a.m. by the Texas Depart-
ment of Public Health on the city's application for a permit for operation of
the sanitary landfill and that final billing had been received from National
Soil Services, Inc., in the amount of $2,870.14, for laboratory and geotech-
nical studies made at the landfill. '
It was noted that the contract approved by the City Commission was not to ex-
ceed $7,800.00; that the first billing approved by the Commission on March 12,
1979 was for $4,694.59 and the final billing of $2,870.14 would make the total
contract amount $7,564.73.
Commissioner Horne's checking of the invoice indicated a $60.00 error in the
computation for Report Reproduction.
Motion by Co~issioner Maneval, seconded by Commissioner Horne, that the invoice
be returned to National Soil Services; 'Inc. for correction and payment in the
amount of $2,930.14 be approved.
Voting Aye: All
Voting No: None
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LATERAL MONTISSA FILE CABINETS: City Manager Jim Brown requested that consideration
of this item be recessed unti,l Wednesday, June 27, 19.19.
CITY T~ASURER: Mr. Ahrens introduced City Treasurer Patrick O'Conner to those in
attendance at the meeting.
Following a report by: City Attorney~DavidAllUms.~bf~"an.::;inc.idenLin:v:olllingeff2rtsby =
Policemen Peter Heckler and Rick Roper and Firemen Steve Salyer and Mark 'Stemmer in
freeing a dog from the driver's seat of an automobile, the City Manager was requested
to express appreciation to 'each of the officers involved.
PARKS AND RECREATION BOARD MINUTES; During a 'review of minutes of the Parks and Re...
creation Board on May' 8th, May 22nd and June 12th,Ms, Susan Christ, a member
of the Parks and Recreation Board, arrived at the meeting to discuss the pro-
posed Teen Center operation.
Ms. Christ stated that the Center would be operated by parents serving on a vol-
unteer basis inasmuch as Community Services Director had advised that there were
no funds provided in the budget for staff services for such operation. Ms.
Christ also stated that there would be ping pong available and music provided
for dancing if desired' and that the Center would be operated very similar to
pool parties that had proven successful during the winter months.
When advised that members of the Police Department had expressed a desire to
work with a Teen program,:Ms. Christ stated she would contact Sgt. Peter Heckler
of the Police Department.
Motion by Commissioner Horne, seconded by Commissioner Maneval, that the Parks
and Recreation Board be given permission to operate a Teen Center at the Cornmu-
nityBuilding on the 1st and 3rd Saturday of each month for teen (13 to 17)
activities from 7:00 to 10:00 p.m. according to rules proposed by such Board
in its minutes of June '12, 1979, and report to the Commission the success of
such ,operation.
Voting Aye: All
Voting No: None
ELECTRICAL BOARD MINUTES: Minutes of the regular meeting of the Electrical Board
on June 18, 1979, were presented to the Commission for their information.
ZONING AND PLANNING COMMISSION: Minutes of the regular meeting of the Zoning and
Planning COInmission on June 14, 1979:were 'presented to the Commission for their
information.
The Report of the Zoning and Planning Commission was noted by the CityCommis-
and will be scheduled for review at a workshop session in the near future.
HEALTH BOARD MINUTES: Minutes of the 'regular meeting of the Health Board on May 29,
1979, were presented ,tb"the 'City Comission for their information.
Members of the City Commission instructed that the agenda for the regular meet-
ing of the City Commission on July 9, 1979, include an item regarding the long
service rendered by Dr. Howard L. Evans ,as City Health Officer.
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LEGAL ,MATTERS: City Attorney Davitl Allums reported that he would be in San Antonio
on Tuesday and Wednesday to attend a meeting of the City Attorneys being held
in conjunction with the Annual Bar Association meeting.
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Mr. Allums stated that it was his belief that he would be able to resolve the
suit filed by former police officer William Ballard and that he also believed
that a suit filed hy former police and fire personnel for collection of unused
sick leave that had been turned over to him by former City Attorney Charles
Cockrell would be dismissed later this year for lack of prosecution. Mr.
Allums stated that he did hot plan to take any action on a suit filed by
Mr. Paul McDonald until a report had been received from the committee appointed
by the Commission to study existing codes and ordinances.
Commissioner Horne advised Mr. Allums of a letter received from Mr. F. Michael
Pickel requesting permission to use the City of West University Place in a new
games that he was developing. Mr. Allums stated that he would consult other at-
torneys at the meeting in San Antonio to see if a similar request had been re-
ceived by other cities.
CITY MANAGER'S REPORT: City Manager reported that necessary repairs had been made
to the front door of the City Hall by Houston Door Check Company and an invoice
in the amount of $632.00 had been received.
Motio-n by Commissioner Horne, seconded by Commissioner Maneval, that an invoice
in the amount of $632.00 received-from Houston Door Check Company for repairs
to the City Hall front door be approved for payment.
Voting Aye: All
Voting No: None
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Mr. Brown reported that Sanitation Department employees had worked on Saturday
and that the southeast quadrant of the city had been cleaned of trash with ex-
ception of a couple of areas and some that was put out after the truck went by.
In response to a question regarding the cleaning of Poor Farm Ditch, Mr. Brown
responded that this was not a high priority item with the Harris County Flood
Control District. It was the decision of the Commission to discuss this item
at a workshop meeting in two weeks.
CONCERNS OF THE CITY COMMISSION: In response to a question from Commissioner Horne
regarding deadlines for material-to be included in the City Currents on a re-
gular basis, Mr. Brown advised that in order to maintain a workable schedule
material for the Currents should be considered by the Commission at its last
Wednesday workshop of each month. This item will be included on the workshop
agenda for Wednesday, June 27th.
Mrs. Rosenbaum ,advised that it was the desire of Mayor Cole to have a reception
for new city employees and their families and that such reception would be held
on Sunday, July 22, 1979, from three until five.
ADJOURNMENT: With no further business to come 'before the City Commission at this
time, upon motion duly made, seconded and carried, the meeting adjourned until
7:00 p.m.; Wednesday, June 27, 1979.
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CITY COMMISSION WORKSHOP MEETING
June 27, 1979
The City Commissi~n convened in recessed session on Wednesday, June 27, 1979,
7:00 p.m., with the following members present: MaY-Qr Pro-Tern Ahrens, presiding
in the absence of Mayor Cole who was out of the city; Commissioners Horne, Maneval
and Rosenbaum. The City: Manager was also present.
Mr. ,Ahrens announced that the purpose of the meeting was to consider items not
covered on the regular Commission agenda, on June 25, 1979.
ELECTRONIC REMITTANCE CONTROL DEVICE: CitYcManagerJim Brown presented the fol-
lowing recommEmdationfoT delivery of ,an electronic remittance' control de-
vice on which bids were received by the City Commission on June 25, 1979.
The budget line item in the Finance Department for the subject item
(900.5) is $3,000. The lowest bid by NCR is $5,287.50, which ex-
ceeds the budget, line item by $2,287.50.
We have discussed the feasibility of paying for the subject item
out of Account No. 60, General Revenue Sharing Funds that were
earmarked for a 4-door~sedan in the budgeted amqunt of $7,500
for the following reasons; ,
1. The fund must be, encumbered within two ,;.(2).,years
, from receipt or returned tp the federal government.
2. 'The subject item is in one of the five (5) categorical
areas approved by the .federal regulatipns(Financial
Operations).
3, The original .purchase has been deferred indefinitely
by the City Commission,
A copy of the basic specifications for the subject equipment is
attached. The ninety keys ,will be programmed for our use at in..,
stallation.
Discussion by the Commission covered the 'feasibility of transferring the
entire amount of $7,500 in Revenue Sharing Funds to the General Fund to
defray cost of monthly rental of theNCR data processing equipment and
purchase of the NCR electronic remittance control device; the desire of
the Commission to know that the City Treas~rer has been consulted in
such matters; andcatergories for which Revenue Sharing funds may be used.
Motion by Commissioner Horne, seconded by Commissioner Maneval, that the
City Commission approve purchase of the NCR electronic remittance control
device and approve the .method of p:ayment as set'forth in memorandum from
the City Manager dated June 27, 1979.
Voting Aye: All
Voting No: None
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LATERAL MONTISSA FILE CABINETS: The Commission was advised that Mayor Cole had ::I'l
requested that the invoice received from Vesco for delivery of two Lateral
Montissa file cabinets be included on the agenda for the regular meeting
of the City Commission on June 25, 1979. ~
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Discussion by the Commission included the fact that the two cabinets
were purchased on the same date and could appear thai~equired bidding
procedure for purchases over $500.00 had been bypassed; that the files
were purchased with funds budgeted in the Inspection Department and the
Municipal Court; and the desire of the Commission to avoid any possibility
of not being completely open with regard to any funds expended. '
Motion by Commissioner Horne, seconded by Commissio~er Maneval, that the
invoices in the amount of $900.00 received from Vesco for d~livery of two
file cabinets be approved for payment. '"
Voting Aye: All
Voting No: None
SOUTH LOOP FORD TRUCK SALES. INC. INVOICE: The Commission was advised that this
item had been added to the agenda for the recessed meeting on an emergency
basis, with properly posted amended agenda.
The Commission was advised that on February 12, 1979, when bids were re-
ceived for delivery of a cab and chassis as well as a packer body, they
were awarded to, separate bidders~ The packer body bid aG:cepted was for
a Pak-More built in San Antonio thereby requiring that the 'cab and chassis 0
be delivered to San Antonio for installation of the packer body resulting
in an,additional,$24.00 freight charge ,inasmuch as the bid was f.o.b.
Houston, South Loop Ford Truck Sales, Inc. requires payment for the cab
and chassis prior to the installation of the packer body.
An invoice ,in the amount of $15,387.91 received from South Loop Ford
Sales, Inc. for delivery of a cab,Land chassis to the Pak-More plant in
San Antonio was presented for consideration.
Motion by Commissioner Maneval, seconded by Commissioner Horne, that the
City Commission approve payment of an invoice from South Loop Ford, Inc.
in,the amount of $15,387.91 which includes $24.00 for additional freight
which was included in the bid.
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 7:50 p.m.
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R~GULAR CITY COMMISSION MEETING
July 9, 1979
The City Commission convened in regular session at the ,City Hall on Monday,
July 9, 1979, 7:30 p.m., with the following members present; Mayor Cole, presiding;
Commissioners Ahrens, Horne, MaI1eval and Rosenbaum. The City Attorney and City
Ma~ager were also present.
The Invocation was pronounced by Mayor Cole,
CITY COMMISSION MINuTES:' Minutes of the regular meeting of the City Commission on
June 25, 1979, and a recessed meeting on June 27,,1979, were presented for consider-
ation.
Motion by Commissioner Horne, seconded by Commissioner Maneval, that minutes
of the regular meeting of the City Commission on June 25, 1979, be approved
as submitted and that minutes of the recessed meeting on June 27, 1979, be
corrected to reflect 'that an additional $24.00 freight charge for delivery
of a cab and chassis to San Antonio for installation of a packer body was not
included in the original~id, and approved as corrected.
Voting Aye; All
Voting No; None
HEARING OF RESIDENTS; Mrs. Margaret Hollowell, 4016 Swarthmore, appeared before the
CoininiSsion to request assistance in installation of additional equipment and
facilities at' Colonial Park: Mrs. Hollowell reviewed facilities at Wier Park,
Judson Park, Whitt Johnson Park "and Colonial Park, noting that only Colonial
Park provided no free equipment or fa~ilities and the lack of equipment for use
by pre-school age children.
Mrs . Hollowell presented Corinnissioner Rosenbaum with $100.'00 as her contribution
for the facilities with q request that other residents be requested to establish
a match prOgram .with the city as' had been undertaken by residents in the area of
Wier Park for the purchase of equipment. Mrs. Hollowell presented brochures she
had received from Miracle Playground Equipment Company with approximate costs for
a slide fbr smqll children, swings for 3 and 4 year olds, more seat type swings,
a run and play area and benches to be placed around the area. She also pointed
out that many children were cutting across the railroad tracks to reach Mulberry
Park in Bellairebecause of the lack of facilities at Colonial Park.
Members of the Commission reque~ted that Mrs. Hollowell retain the $100.00 and
forward it to the city with specific requests for equipment she would like to
see placecl in the' park ~
Mr. JoeWil~iams? former Chairman of the P~rks and Recreation Board, noted the
succes~ of the group of Citizens ,for Wie~Park and suggested that such a challenge
be offered to residents in the vicinity of Lolonial Park to match funds they might
raise for improvements to the park~
Mrs. Doris Parks, 3836 Villanova, advised the Commission that she was repeating
an earlier request for a survey of College 'Street south of University to Bellaire
to alleviate flooding of the area and would like to learn the current status
of a report that Poor Farm Ditch would be cleaned.
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City Manager Jim Brown responded that the city does not have an up-to~date sche-~
matic showing drainage in the city and that inasmuch as Poor Farm Ditch is U
under the j~risdiction of the ~arris Co~nty Flood Control District clean. I[
out sc~edullng would be at thelr convenlence. Mr. Brown noted that there lS
currently no City Engineer/Public Works Director on the city's staff and that
when such position is filled a study of streets and drainage facilities
would be made.
Mr. Ferd Reiger, 6516 Brompton, reported that the street sign had disappeared
at the intersection of Brompton and Pittsburg and expressed his concern with
the placing of shrubs and.trimmings in the street by some residents. Mr.
Reiger also expressed concern with trash dropped by city employees when loading
trucks.
CITY HEALTH OFFICER: Resolution Number 79-28 was presented to the Commission and
read in full:
WHEREAS, Dr. Howard L, Evans has served the City of West Uni-
versity Place, Texas in the capacity' of City Health Officer since
the 10th day of April, 1961; and
WHEREAS, the demand of his time and the increased activity of
his profession has dictated the necessity of resigning to devote time
to his personal business and family interests; and
: ,WHEREAS ; during all of his ',service Howard L.Evans_performed rl
his duty and responsibility in such manner as to reflect credit Ul
upon 'himself, his 'family, his profession and the city; and
WHEREAS, his attitude and attention to his responsibility as
City Health Officer was received with respect and confidence and was
given by him in a manner of personal worth and und~rstanding; and
WHEREAS, the City Commission invites Dr. Evans to continue his
interest in the city and to participate in its civic affairs; and
WHEREAS, the City Commission wishes to recognize Dr. Howard L.
Evans for his long and faithful service as City Health Officer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. That the City Commission acting by and through its
authority, hereby contends Howard Evans for his unquestionable pro-
fessional integrity during the many years of service to the city.
Section 2. That the City Commission individually expresses its
grateful appreciat~on to:him for his unselfish devotion.
Section 3. That this Resolution be spread upon the minutes of
the City 'Commission, and the.Mayor-be, and he is hereby authorized
to deliver to Dr. Howard L. Evans a true copy signed by each member
of the City Commission and attested by the City Secretary.
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PASSED AND APPROVEP this 9th day of July, 1~79.
, "
Motion by Commissioner Ahrens, seconded by Commissioner Horne, that Resolution
Number 79-28 be approved as read.
Vo'ting Aye: All
Voting No: None
Mayor Cole presented Dr. Evans the original of Resolution Number 79-28 which
had been beautifully framed for the occasion.
CHIEF OF POLICE: Resolution Number 79~29 was presented to the Commission and read in
full:
WHEREAS, it is the desire of the City Commission that new leader-
ship for the direction and guidance of the Police Department of the City
of West University Place be provided; and
WHEREAS, it is the desire of the City Commission of the City of
West University Place to fill the vacancy of the position of Chief of Police
heretofore created.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS.
Section 1. That Frank W. Robinson be, and he is hereby, appointed
Chief of Police of the city effective upon this date and the taking of the
Oath of Office.
Section 2. Chief of Police Frank W, Robinson shall rec~ive as
renumeration for the performance of his duties the salary as recommended
by the City Manager, approved by the City Commission and as stated in the
1979 Budget.
PASSED AND APPROVED this
day of, July" 1979.
Motion by Commissioner Maneval, seconded by Commissioner Horne, that Resolution
Number 79-29 be approved as read;
Voting Aye: All
Voting No: None
Mayor Cole administered the Oath of Office 'to Chief Frank W. Robinson as Police
Chief of the City of West University Place.
INSURANCE COMMITTEE: Resolution Number 79-30 was presented to the Commission and read
in full:
WHEREAS, it is the obl~gationofthe City Commission, pursuant to
provisions of the City Charter and ,ordinances heretofore adopted to appoint
members to various Boards and Committees; and
WHEREAS, the Mayor and members of the City Commission have contacted
and interviewed qualified citizens to serve on the Insurance Committee
of the City of West University Place; and
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WHEREAS, certain persons have indicated a desire and willingness
to serve as members of the Insurance Committee.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. That the following persons be appointed to serve as
members of the Insurance Committee:
Seth Ramey, 3409 Rice
Joe Williams, 3112 Lafayette
Wayland Hancock, Jr., 3909 University
Howard M. Marshall, 2931 Amherst
Joe Eason, 3773 Nottingham
Section 2. That the persons appointed to the Insurance Committee
shall serve without compensation.
" Section 3. That the persons hereby appointed shall serve until the
appointment and qualification of their successors.
PASSED AND APPROVED this
day of
, 1979.
Motion by Commissioner Rosenbaum, seconded by Commissioner Ahrens, that Resolu-
tion Number79~30 be approved as read.
Voting Aye: All
Voting No: None
[]
Mayor Cole administered the Oath of Office to Joe Williams, Wayland Hancock,
Jr. and Howard M. Marshall as members of the city's Insurance Com:mittee.
COUNCIL ON AGING: Resolution Number 79-31 was presented to the Commission and read
in full:
WHEREAS, it is the obligation of the City Commission pursuant to
provisions of the Charter of the City of West University Place, Texas
and ordinances heretofore adopted, to appoint members of various Boards;
and
WHEREAS, the MayoTand members of the City Commission have con~
'tactedand interviewed qualified citizens to serve on the various Boards;
and
WHEREAS, certain persons have indicated a desire and willingness
to serve as members of the Council on Aging.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. That the following persons be appointed to serve as
bers of the Council on Aging:
Oscar Kotteman
Bess Wendt
Jerry White
A. J. Greenway
Horace Rice
Robert Beck
Lloyd Flynt
Nancy Bringhurst
Duke Landry
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Section 2. ,That the persons hereby appointed to the Council on
Aging shall serve without compensation.
Section 3. That the persons hereby appointed to the Council on
Aging shall serve for a period of two years from the date of this
Resolution.
PASSED AND APPROVED this
, 1979.
day of
Mayor Cole administered the Oath of Office to Oscar Kotteman, A. J. Greenway,
Lloyd Flynt, Duke Landry and Nancy Bringhurst as members of the Council on
Aging:;.
FORMER CITY MANAGER: Former City Manager Whitt Johnson requested permission to speak
to the Commission. He stated that he had attended the meeting to see the new
Chief of Police sworn in and would like to congratulate the City Commission on
its selection of a new Chief. Mr, Johnson also noted that Dr. Howard L, Evans
had been honored by the Commission and he regretted that he did not know this
item was on the agenda or he would have been present earlier to express his appre-
ciation to Dr. Evans for the many years of dedicated service he had rendered to
the City of West University Place, its citizens and employees.
TREASURER'S REPORT: City Treasurer Patrick O'Connor had been requested to appear be-
fore the Commission to present a report on the current status of the city's
Finance Department. Mr. O'Connor reported that Mary Butler had resigned her,
position as a bookkeeper inasmuch as she had moved out of the area and that
E. C. (Kay) Underwood had been employed.
Mr. O'Connor stated that the hardware fo~ the NCR8231 computer was scheduled
to be installed and operational by July 30th; that tax records will be converted
first and was scheduled for completion during August with tax billings' in Septem-
ber and October to be performed by the NCR computer. The Water-Sewer Fund will
be converted during September and all other funds and General Leger to be con-
verted during October and November.
Mr. O'Connor then presented the Commission, a detailed schedule of Certificates
of Deposit as of July 9, 1979, totaling $3,295,000.00
Members of the Commission expressed appreciation to Mr. O'Connor for his re-
port noting that this ,was the first financial report received by them since
taking office.
RATE INCREASE REQUESTED BY HOUSTON LIGHTING & POWER COMPANY: Resolution Number 79-32
was presented to the Commission and read in full:.
WHEREAS, on July,2, 1979, the Houston ,Lighting & Power Company
(HL&P) filed a Statement of Intent to change its rates for electric
service within the City of West, Univeristy Place and has requested that
said changes become effective on August 7, 1979; and
WHEREAS, HL&P has filed revised Tariff Schedules together with
statements specifying in detail each, proposed change, a rate filing
package, and supporting testimony; and
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WHEREAS, Section, 17 (a) of the Public Utility Regulatory Act, Article
1446c, Texas Revised Ci viI Statutes , gives the governing body of each D
municipality exclusive original jur:l..sdication over electric rates within ~ '
its municipal bouridar,ie$; :and :
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WHEREAS, Section 43(d) of the Public Utility Regulatory Act
authorizes the goveTning body of any municipality acting as a Regulatory
Authority to suspend the operation of any proposed change in rates for a
period not to exceed 120 day~ beyond the date on ~hich the scheduled rates
would otherwise go into effect, which period may be further extended for
an additional 30 days; and
WHEREAS, HL&P propose4 rate changes, and the detailed material sup-
porting those changes require comprehensive evaluation and study;
NOW, THEREFORE, BElT RESOLVED BX THE CITY COMMISSION OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS:,
, That the change in rates for electric service within the City
of West University Place proposed by Houston Lighting & Power Company
to become effective on August 7, 1979, should be, and are, hereby sus-
pended for a period of 120 days beyond said proposed effective date,
until December 5, 1979, subject'to anadditlonal suspension of up to
30 days beyond said date upon further resolution of this Commission.
PASSED AND APPROVED this
day of,
, 1979.
~
Motion by Commissioner Horne, seconded by Commissioner Ahrens, that Resolution
Number 79-32 be approved as read.
Voting Aye: All
Voting No: None
Mr. LeRoy Gardner, Division Manager, Houston Lighting & Power Company advised
the Commission that passage of the Resolution automatically suspends the rat~
increase for a,period of 120 days which would permit the city to learn action
taken by the Public Utility Commission on the application.
City Manager Jim Brown advised the Commission tha~ previous officials of the
ci ty had elected to join' other ~mall - d ties in the emploY-J1rent 'of'-a rate con-s:ultant
and'inasmuch as he had just returned'from vacation he had not had an opportunity
to consult with others and would like to defer further discussion on this item
until the workshop session on Wednesday evening, July 11th.
RATE INCREASE REOUESTED BY SOUTHWESTERN BELL TELEPHONE r.OMPANY: Mr. Brown advised the
Commission that he ,would like to do ,some research on this request and report
at the workshop session on Wednesday evening, July 11th.
1978 AUDIT REPORT: An invoice in the amo~nt of $1,500 representing final billing for
preparation of the 1978 audit report'by Coopers & Lybrand, certified public
accountants was pr~sented for considerC},tion.
Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that the City
Commission approve payment of an invoice in the amount of $1,500 submitted'
by Coopers and Lybrand.
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Voting Aye: All
Voting No: None
AMBULANCE CAB & CHASSIS: An invoice in the amount of $10,286.00 received 'from Modular
Ambulance Corporation for delivery of anew cab and chassis for the city's ambu-
lance was presented for consideration.
Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that an
invoice in the amount of$10~286.00receivedfrom Modular Ambulance Corporation
for delivery ofa new cab and chassis be approved for payment.
, Voting Aye: All
Voting No: None
LEGAL SERVICES: An invoice in the 'amount of $4,532.24 .submitted by City Attorney
David Allums for legal services rendered during the months of April, May and
June was presented for consideration.
Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that the in-
voice submitted by City Attorney David Allums in the amount of $4,532.24 be
approved for payment.
, Voting Aye: 'All'
Voting No: None"
LEGAL MATTERS: City Attorney ,David Allums advised that he had responded to a request
by Mr. Michael Pickel to use the city's name in a game that he 'was developing.
'Mr. Allums stated that his attendance at a meeting of City Attorneys in San
Antonio had been both informative and pleasant and that he had learned a number
of matters that faced cities that he had 'not been' aware of:
Mr. Allums stated that he had discussed with Bellaire City Attorney Firmin
Hickey the use of Southwestern Argus as the city's official newspaper and it
was his recommendation that we continue to use the Argus because he believed
notices were read by residents better than they would be in the Houston Post or
Chronicle and because of the cost involved with the larger newspapers.
In response to a question regarding the city's bond rating, Mr. Allums stated
that he had been in contact~ith each of the rating companies each month and
was of the opinion- that no action would be taken to change the rating; ;unless
the city took action on the two tax amendments that had been approved by voters
on January 20th. Mr. Allums requested that further discussion be delayed until
the results of the passage of recent legislation had been reviewed and that a
briefing be included on ,the City Commission agenda for July 23rd.
CITY MANAGER'S REPORT: City Manager Jim Brown advised the Commission that Fire Chief
Ben Wilcher had made a visit to the State Board of Insurance in Austin and that
it appeared some success had been reached in changing the city's population from
the 17,000 estimate to 15,000.
Mr Brown stated that some type device was needed in the Fire Department to re-
cord telephone conversations and that Chief Wilcher had investigated cost of
some equipment. The City Commission instructed that a report be obtained from
Chief Robinson regarding his plans for use of all channels now available in
the Police Department and check be made with Southwestern Bell Telephone Company
to determine that might be available on a lease basis.
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CONCERNS OF THE CITY COMMISSION: Commissioner Horne distributed some suggestions
for coverage of more items in workshop sessions, noting that further discus-
sion would be held on Wednesday night.
Each member of the Commission welcomed Chief Robinson pledging to support him.
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Commissioner Ahrens was advised that he would be furnished information regarding
completion of the Wier Park t'ennis courts at the workshop session on Wednesday
night.
Mayor Cole requested that Mr. Bob Gurley, Director of Community Services, and the
Police Department do what was necessary to prevent drinking of alcoholic beverages
on the school grounds. City, Attorney David Allums added that Mr. Ben Frieler,
Superintendent of the Wes"t'University'Elementary School, had requested that
adjacent neighbors try to keep persons from parking on the school grounds.
PARKS AND RECREATION BOARD MINUTES: Minutes of ' the regular meeting of the Parks and
Recreation Board on 'June 26, 1979, were presented to the Commission for their
information.
ZONING & PLANNING COMMISSION MINUTES: Minutes of the regular meeting of the Zoning
and Planning Commission on June 28, 1979, were presented to the Commission for
their final information. Members of the Commission instructed that consideration
of a final report submitted by ,the Zoning & Planning Commission for rezoning of
Lot 1, Block 1, Collegeview 3rd Addition, located in the. 3800 block of Sunset
'Street, be placed on the agenda for consideration on July 23rd.
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ADJOURNMENT: With no further business to comebefdrethe Commission at this time,
upon motion duly made, seconded and carried, the meeting adjourned at 9:33 p.m.
~JlI~
, Mayor ,
ATTEST:
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City Secretary
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REGULAR CITY CO~~ISSION MEETING
July 23, 1979
The City Commission convened in regular session at the City Hall on Monday, July 23,
1979, 7:30 p.m., with the following members present: Mayor Cole, presiding; Commis-
sioners Ahrens, Maneval and Robinson. The City Attorney and City Manager were also
present. Commissioner Horne was out of the city.
The Invocation was pronounced by Commissioner Ahrens.
<:> MINUTES OF CITY COMMISSION MEETING;,' Minutes of the regular meeting of the City Commis-
LD sion on Monday, July 9, 1979" were presented for consideration.
" Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that minutes
lLJ of the regular meeting of the City Commission on July 9, 1979, be corrected to
<c show that a motion was duly made, seconded and carried to approve Resolution
<C Number 79-31 and approved as corrected.
Voting Aye: All
Voting No; None
HEARING OF RESIDENTS: Mr. Charles Robinson appeared before the Commission on behalf
, of a request made by St. Andrews Presbyterian Church for permission to move an
existing building from one lot to another across the street fOr use by the church
as a scout hut.
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Mr. Robinson noted that the original request had been made to the Commission on
June 11~ 1979, and that the church was ready to move the building subsequent to
approval by the Commission.
Discussion on the request included an investigation made by the City Manager
regarding restroom requirements for public meeting places; an opinion by the
City Attorney that the only means by which the Commission could grant the re-
quest would be by amendment to the Code; and the fact that an amendment to the
Code might not be in the best interest of the city inasmuch as it would per-
mit relocation of other buildings.
Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that the City
Commission decline to approve the request by St. Andrews Church for relocation
of a scout hut.
Voting Aye: All
Voting No: None
Mr. Jerome Burling, 2719 Pittsburg, requested information regarding the current
status of proposed changes in the fence ordinance.
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Mayor Cole advised that members of the Zoning Board of Adjustment and the Zoning
and Planning Commission had been requested to study numerous city ordinances and
codes and make recommendations to the Commission for changes they believed
necessary, an'dthat such report should soon be complete.
In response to a question by Mr. Burling regarding the possible elmination of
backdoor grabage pickup service in the city, Mayor Cole explained that citizens
would be requested to make the decision inasmuch as the service required expen-
diture of general revenue funds on a continued basis or an increase in service
fees.
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Mr. David Rulfs, 3304 Albans, stated that he was very opposed to moving of a
scout hut across the street by St. Andrews Church and he congratulated the
Commission for its action in denying the request.
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Mr. Marshall Graham, 3711 Ric~-Boulevard, stated that he was glad that West
University had an excellent Police Department, but that he had some problems
in some areas. Mr. Marshall noted that the playground at the West University
Elementary School continued tu have automobiles driven on it, especially on
weekends and at night, and that there were many broken beer and other bottles.
Mr. Marshall stated that on t,wo occas'ions he called the Police Department
and had no response to his complaint. Mr. Marshall also asked if there were
any polic~ officers on the street, adding that he seldom saw a patrol car.
Mr. Marshall pointed out the danger to children playing on the school grounds
from a piece of abandoned pipe that was left in the grass after being cut from
one of the back stops.
WATER WELL NO 7: Mr. Matt Cannon of Langford. Engineedng, Inc. advised the Commis-
sion that responses h~d been received from the state and insurance board on
plans and specifications for water well no. 7 and the 12" water transmission
line and that the project was ready to put out for bids when the Commission
was ready to do so.
In response to a question regarding inquiries made to determine the most econo-
mical time to advertise for bids, Mr. Cannon stated that he was sure there
would be numerous good bids received'on the transmission line, but that the
firms drilling wells were very busy and that it would not be advantageous for
the proj ect to be delayed. Mr. Cannon will appear before the City Commission
at its ~next regular meeting on August 13, 1979, to present current estimated
costs for the project.
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Invoice No; 1861 in the amount of $561.00 for engineering services rendered by
Langford Engineering, Inc. on the project was presented for consideration.
Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that the City
Commission approve payment of Invoice No. 1861 in the amount of $561.00 to
Langford Engineering, Inc.
Voting Aye: All
Voting No: None
FINAL REPORT AND RECOMMENDATION OF ZONING g. PLANNING r.OMMISSTON'Jt was the decision
of the City Commission that this item be deferred until the workshop session on
Wednesday, July 25, 1979, and requested that they be' ,furnished a copy of the
plans approved by the Zoning & Planning Commission for study at that time.
NATIONAL LEAGUE OF CITIES MEMBERSHIP: The Commission was presented an invoice from
the National League of Cities for membership dues for June 1, 1979 thru June
30, 1980, in the amount of-$468.00.
The Commission was advised that the National League of Cities was the only voice
cities had on,th~Congressional level and advised municipalities of all types OLD
pending legislation that might be harmful.
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Motion by Commissioner Ahrens, seconded by Commissioner Rosenbaum, that the
CityCoIlllilission delay consideration of joining the National League of Cities
until some year in 'the future.
Voting Aye: All
Voting No: None
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NCREOUIPMENT DISC CARTRIDGES: The Commission was presented an invoice in the amount
of $1,612.84 received from STEP, Inc. for delivery of 20 memorex mark IIIT top
loading disc cartridges.
Discussion indicated that City Treasurer Patrick OlConnor had placed an order
for the disc without benefit of 'the bid process in error.
Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that the
City Commission approve payment invoice number 000020 from STEP, Inc. in the
amount of $1,612.84 for discs to be used with the NCR computer equipment.
Voting Aye~ Cole
Maneval
RosenbaUm
Voting No: Ahrens
EMPLOYMENT OF PAYROLL CLERK: An invoice in the amount' of $1,030.00 submitted by
Superior Personnel Services, Inc. for employment fees of Kay Underwood as p~y-
roll clerk was presented 'for consideration.
Discussion indicated that it was the usual practice to use employme~t agencies
in filling certain 'staff positions and that Ms. Underwood was employed prior
to the termination of Ms. Mary Butler in order to provide some instruction
time.
Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that the City
Commission approve payment of $1,030.00 to Superior Personnel Services, Inc.
for employment fees of Kay Underwood.
Voting Aye: All
Voting No: , None
REPAIRS TO GARBAGE TRUCK ANDCHrpPER: The Commission was presented invoices in the
total amount of $1,064.38 received from Jack Roach Ford for repairs to one of
the garbage trucks and chipper.
Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that Invoices
#51686, #51560 and #51600 in the amount of $1,064.38 received from Jack Roach
Ford be approved for payment.
Voting Aye; , All
Voting No; None
FUEL REQUIREMENTS: Invoices received from Gulf Oil Company in the amount of $6,675.77
for delivery of unleaded gasoline and diesel fuel were presented for consideration.
Motion by Commissioner Ahrens, seconded by Commissioner'Rosenbaum, that the City
Commission 'approve payment of $6, 675.77 to Gulf Oil Company for gasoline and
diesel fuel deliveries.
Voting Aye: All
Voting No; None
POLICE DEPARTMENT CHAIRS: The COnlmission was presented a requesttopur~hase two (2)
chairs for use in the Police Supervisor's office to replace those that were not
repairable.
Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that the Police
Department be authorized to purchase two (2) chairs for the Supervisor's office
at an approximate cost of $350.00.
Voting Aye: All
Voting No: None
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FIRE DEPARTMENT EQUIPMENT: A request from Chief Ben Wilcher for purchase of miscel-
laneous firefighting gear for members of the Fire Department was presented to
the Commission.
Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that Chief
Ben Wilcher be authorized to purchase miscellaneous firefighting gear from
the low bidder, Fire Fox, Inc. at a cost of $985.00.
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Voting Aye: Ahrens
Maneval
Ros enbaum
Voting No: Cole
STREET REPAIR MATERIALS: An invoice in the amount of $1,006.26 received from Texas
Crushed Stone Company for delivery of limestone coverstone for use in the
summer street repair program was presented for consideration.
Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that the
City Commission approve payment of an 'invoice in the amount of $1,006.26 from
Texas Crushed Stone Company;
Voting Aye: All
Voting No: None
STREET REPAIR MATERIALS: An invoice in the amount of $1,415.20 for delivery of
cement and concrete for Wier Park tennis court improvements was presented for
consideration.
Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that an in~ 0
voice in the amount of $1,415.20 submitted by Lone Star Industries, Inc. be
approved for paYment.
Voting Aye:' All
Voting No: None
The City Manager was instructed to provide the Commission with a tabulation in-
dicating the balance of $7,500 which had been appropriated for Wier Park tennis
court improvements.
MUNICIPAL COURT ASSOCIATES: The Commission was advised that sixty (60) day appoint-
ments for Associate Municipal Court Judge Michael Schneider and Terry Collins
and Associate Prosecutors Thomas Taylor and Betsy 'Rice Coleman would expire on
July 27, 1979.
Motion by Mayor Cole, seconded by Commissioner Rosenbaum, that ~1ichael Schneider
and Terry Collins be re-appointed Associate Judges of the Municipal Court for a
sixty (60) day period and that Thomas Taylor and Betsy Rice Coleman be re-appointed
Associate Prosecutors of the Municipal Court for a sixty (60) day period.
Voting Aye: All
Voting No: None
LEGAL MATTERS: City Attorney David Allums adv~ed the Commission that he had received
a letter from Ms. Mae Nacol, attorney for William Ballard, in his suit against
the City of West University Place stating her 'desire to take depositions from
William Ballard and Casey Stevens.
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Mr. Allums reviewed some of the legislation passed at the recent session which
relates to municipalities, including changes in the law regulating arson, Muni-
cipal Court Bond Appeal payments made by mail, change in the election law to
permit certain elections on the 1st Tuesday after the 1st Monday in November,
county wide appraisals and the p'eveto Bill. ' '
Mr. Allums reported that the Tax Board of Equalization was now meeting and it
was believed their meetings would be concluded by the end of August.
CITY MANAGER'S REPORT: City Manager Jim Brown stated that Assistant City Manager
Dick Rockenbaugh had expressed concern with an article in the Houston Post on
July 22nd which had quoted him erroneously.
Mr. Brown presented a letter from the Texas Municipal League outlining plans for
collective action to be taken by cities in connection with a request filed by
Southwestern Bell with the Public Utilities Commission for a rate increase. It
was noted that the firm of Touche Ross & Company would be employed to work as
the cities' consultants with Don Butler of the TML staff as lead counsel for the
sum of 2~ per capita from each city.
Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that the City
of West University join' other cities in the employment of the Texas Municipal
League to represent and present evidence in the pending Southwestern Bell case,
at the rate of 2~ per capita.
Voting Aye: 'All
Voting No: None
CONCERNS OF THE CITY COMMISSION: Commissioner Rosenbaum expressed concern about the
recycling program and her desire to see improvements in the program.
ZONING AND PLANNING COMMISSION MINUTES: Minutes of the regular meeting of the Zoning
and Planning Commission on July 12, 1979 were presented to the Commission for
their information.
ELECTRICAL BOARD MINUTES: Minutes of the regular meeting of the Electrical Board
on July 16,' 1979 were presented to the Commission for their information.
ADJOURNMENT; With no further business to come before the Comniission at this time,
upon motion duly made, seconded and carried, the meeting adjourned at 10:10 p.m.
'~~
, Mayor'. '
-
ATTEST:
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City Secretary
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REGULAR CITY' COMMlSSION 'MEETlNG"
August' 13, 1979
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The City Commission convened in regu.lar session at the City Hall on Monday, August
13, 1979, 7:30 p.m., with the following members present: Mayor Cole, presiding;
CbmmissionersAhrens> Horne, Maneval and Rosenbaum. The City Attorney and City
Manager were also present.
The Invocation was pronounced by Commissioner Horne.
MINUTES OF COMMTSSTONMRRTTNr,. Minutes of the regular meeting of the City Commission
on July 23, 1979, were presented to the Commission for consideration.
Motion by Commissioner Maneval~ seconded by Commissioner Ahrens, that minutes of
the regular meeting of the City Commission on July 23~ 1979, be corrected to
reflect that Mr. Matt Cannon, not Mr. Langford, stated that bids would be re-
ceived on the water transmission line for water well number 7 and that payment
be approved for discs for the computer 'equipment, and approved as corrected.
Voting Aye: All
Voting No; None
HEARING OF RESIDENTS: MI'. Oscar Kotteman, 6355 Rutgers, appeared before the Commission
as a member of the Council on Aging to present a request that more be done
for the S~llior. 'Gi -UzeI).s_of the city. Mr, Kotteman reviewed the program UQw__being
held at Faith Lutheran Church, noting that approximately seventy-five West Uni- D'i'i
versity seniors participated in the program. Mr, Kotteman requested that money
beset aside in the 1980 budget toward 'the eventual purchase of a permanent
meeting place for senior citizens and that additional programs and services be
instituted. '
To a question by Mrs. Doris Parks, 3836 Villanova, regarding the difference be-
tween the Parks and Recreation Department and the Parks Department, City Manager
Jim Brown responded that the Parks Department and the Recreation Department were
entir~ly separate functions of the city.
Mrs. Hugh Sterling, 3411 Nottingham, was advised that the mosquito program was
in full operation, but that the machine would.be calibrated to make sure it
was functioning properly.
WATER WELL NO.,7; In accordance with instructions of the City Commission on Monday,
July 23, 1979, an invoice in the amount of $1,087.61 submitted by Langford Engi-
neering, Inc. for contract service rendered on the design of water well no. 7
and a 12-inch water transmission line was presented for consideration.
Motion by Commissioner Horne, seconded by Commissioner Maneval, that the invoice
in the amount of $1,087.61 submitted by Langford Engineering, Inc. be approved
for payment.
Voting Aye;, All
Voting No: None
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ORDINANCE NUMBER 1137: Ordinance Number 1137 was presented to the Commission and
read in full:
AN ORDINANCE CALLING A PUBLIC HEARING AT 7:30 P.M.
THURSDAY, SEPTEMBER 6, 1979, TO CONSIDER A REPORT
OF THE ZONING AND PLANNING COMMISSION RECOMMENDING
AN AMENDMENT TO ORDINANCE NUMBER 111 TO REZONE LOT 1,
BLOCK 1, COLLEGEVIEW 3RD ADDITION, FROM A SINGLE FAMILY
DWELLING DISTRICT TO A TWO FAMILY DWELLING DISTRICT;
PROVIDING FOR A JOINT HEARING ON SAID DATE BY THE CITY
COMMISSION AND ZONING AND PLANNING COMMISSION; DIRECTING
THAT NOTICE OF SAID HEARING BE GIVEN AS PROVIDED BY LAW;
REQUIRING THAT A COpy OF THE REPORT OF THE ZONING AND
PLANNING COMMISSION BE FILED IN THE OFFICE OF THE CITY
SECRETARY; AND PROVIDING AN EFFECTIVE DATE.
NOW~ THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. That a public hearing be held at 7:30 p.m., September
6, 1979, at the Community Building of the City of West University Place,
Texas, located at 6104 Auden,to consider the report of the Zoning and
Planning Commission recommending that Zoning Ordinance Number 111 of said
City be amended to rezone Lot 1, Block 1, Collegeview 3rd Addition, from
a Single Family Dwelling District to a Two Family Dwelling District in
the Ci.ty of West University Place.'
Section 2. That such hearing shall be a joint hearing before the
City Commission and Zoning and Planning Commission of said City.
Section 3. The City Secretary shall publish notice of such hearing
in the official paper of the City of West University Place, Texas, at
least fifteen (15) days before the date of such hearing and in addition
thereto shall mail notice of such hearing to the owners of property lying
within 200 feet of any point of the above described lots; such owners shall
be determined according to the current tax roll of the City of West Univer-
sity Place, Texas, and the mailing of such notice shall be made at least
fifteen (15) days prior to the time set for the hearing.
Section 4. A copy of the report of the Zoning and Planning Com-
mission shall be filed in the office of the City Secretary and shall be avail-
able for inspection by any interested party.
Section 5. This Ordinance shall take effect and be in force from
and after its passage and approval.
PASSED AND APPROVED this
, day of
,1979.
Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that Ordinance
Number 1137 be approved as read.
Voting Aye: Ahrens
Cole
Horne
Maneval
Voting No: Rosenbaum
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PURCHASE OJ STREET DEPARTMENT MATERIALS: An invoice in the amount of $2,020.32
submitted by Wright Asphalt Products Company 'for delivery of emulsified asphalt
was presented for consideration.
Motion by Commissioner Ahrens, seconded by Commissioner Rosenbaum, that Invoice
Number 12147 received from Wright Asphalt Products Company for delivery of
emulsified asphalt be approved for payment.
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Voting Aye: All
Voting No: None
POLICE DEPARTMENT CHAIRS: In accordance with action of the City Commission on July 23,
1979, authorizing the purchase of two office chairs for use of the Police Depart-
ment, an invoice in the amount of $169.00 submitted by Carroll's Discount Office
Furniture was presented for consideration.
Motion by Commissioner Maneval, seconded by Commissloner Horne, that an invoice
in the amount of $169.00 submitted by Carroll's Discount Office Furniture be
approved for payment.
Voting Aye: All
Voting No: None
POLYGRAPH EXAMINATIONS: An invoice submitted by Polygraph Examiner Johnnie Wierner
for examinations made during a Police Department investigation, in the amount
of $500.00, was presented for consideration.
Motion by Commissioner Horne, seconded by Commissioner Maneval, that payment be
approved to Polygraph Examiner Johnnie Wierner in the amount of $500.00.
Voting Aye: All
Voting No: None
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SANITARY LANDFILL PERMIT: The Commission was presented an invoice from Neill Engineer-
ing Corporation in the amount of $1,566.80 for services rendered in connection
with the city's application to the State Department of Health for operation of
the sanitary landfill site. It was noted that payment had been made of $5,169.65
on April 26, 1979 and $739.93 on June 19, 1979.
Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that payment be
approved to Neill Engineering Corporation in the amount of $1,566.80.
Voting Aye: All
Voting No: None
LEGAL MATTERS: City Attorney David Allums advised the Commission that he had nothing
to bring ,to their attention at this time.
CITY MANAGER'S REPORT: City Manager Jim Brown presented a request to advertise for
bids for purchase of 100 5/8 x 3/4" water maters and 20 fire hydrants which
were included in the 1979 budget. Mr. Brown reviewed information received from
the Texas State Insurance Commission advising that update of the city's fire
hydrant was necessary in order to preserve the city's current key rate standing,
and that the water meters were to be used in the continuous replacement program
of old water meters.
Motion by Commissioner Horne, seconded by Commissioner Maneval, that the City
Manager be authorized to advertise for bids for purchase of 100 water meters
and 20 fire hydrants, with bids to be received by the City Commission on
September 10, 1979.
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Voting Aye: All
Voting No: None
Mr. Brown directed attention of the Commission to a request b Street Superin-
tendent A. L. Bearden that a $12.00 deposit be charged for all block party re-
quests for replacement of safety cones and lights that might be lost during use
at such parties. Mr. Brown noted that the lights cost $4.00 taCh and that twenty
had been lost since January 1st.
Motion by Commissioner Maneval, seconded by Commissioner HornL, that the City
Commission authorize a $12.00 deposit for block parties, to br refunded when
equipment is picked up with such procedure to be reviewed at romelater date.
Voting Aye: Horne Voting No: Ahre s
Maneval Colel
Rosehbaum
CONCERNS OF THE CITY COMMISSION: Commissioner Ahrens stated that le would like to
take exception to a reference in the resignation of Community Services Director
Bob Gurley regarding interference by members of the City Comm'ssion as being the
reason for his resignation. Commissioner Ahrens further stat d that he would
like to categorically deny having anything to do with any Dep rtment Head directly
or indirectly.
Commissioner Rosenbaum also stated that the only division of !he Community
Services Department that she had been involved with was the S nior Services
and that she had nothing to do with the resignation of Bob Gu ley.
Commissioner Rosenbaum requested that an investigation be mad into a bad sewer
smell on Academy Street from Marlowe to Rice and that bad sew r lines were her
reason for being opposed to construction of any more townhous s until something
is done about the problem.
ADJOURNMENT: With no further business to come before
upon motion duly made, seconded and ca:ried, the
Mayor Cole reminded those in attendance that the first public hearing on the pro-
posed' 1980 budget would beheld at the West Univeristy Commun"ty Building on
Monday, August 20, 1979 at 7:30 p.m.
ZONING BOARD OF ADJUSTMENT MINUTES: Minutes of the regular'meeting
Board of Adjustment on July 18, 1979,; were presented to the C
their information.
PARKS AND RECREATION BOARD MINUTES~ Minutes of meetings of the Par
Board on June 24, 1979 and July 10, 1979, were presented to tl
their information.
and Recreation
Commission for
this time,
at 8:00 p.m.
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, ,Mayor
ATTEST:
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City Secretary
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250
SPECIAL CITY CO~~ISSION MEETING
August 20, 1979
u
The City Commission convened in special session at the Community Building on Monday,
August 20, 1979, 7:30 p.m., with the following members present: Mayor Cole, presiding;
Commissioners Ahrens, Horne, Maneval and Rosenbaum. The City Attorney and City Manager
were also present.
The Invocation-was pronounced by Commissioner Maneval.
Mayor Cole invited those in attendance at the first Public Hearing to consider a
proposed budget for the fiscal year beginning January 1, 1980 and ending December 31,
1980, to obtain atopy of a supplement to the Southwestern Argus on Wednesday, August
15, 1979.
City Treasurer Patrick O'Connor presented the following Treasurer's report;
RIlVIWYIlS
The 1979 Budget adopted a revenue plan to balance approved expenditures of $2,563,057
in the General Fund. Actual revenues have been realized at a somewhat higher rate
than predicted by the 1979 budget process. We now expect that total revenues during
1979 will amount to $2,751,000, or $377,943 above the planned revenues of $2,373,057.
(The budgeted :and projected amounts just cited are exclusive of the $190,000 bud-
geted from prior years' surpluses.)
[j
Contributing factors to this substantial variance between budgeted and currently
projected 1979 revenues are:
A. Delinquent taxes collected should exceed the planned budget
by over $70,000.
B. Sales taxes are now projected to exceed the plan 'by about '$68,000.
C. Franchise and other taxes will exceed the plan by $39,000.
D. Interest revenue from investment of General Fund cash balances
will exceed the budgeted figure by almost $125,000.
E. Service revenues should exceed the plan by $35,000.
F.' No grant revenue was anticipated in the 1979 Budget. In June
of this year, we received the last installment on the Parks
Grant (for Colonial Park), amounting to $32,000.
The General Fund should experience an important drop in tax revenue for the 1980
budget year. Total current ad valorem tax revenues for the General Fund will be
$1,085,151 for 1980 as compared with $1,227,876 this year. It represents a decrease
of $142,725 in current ad valorem taxes and over $22,000 in delinquent taxes. As
detailed on thefollowiri.g pages, assessed values will be $16,545,611 lower than last
year. This assumes that the proposed increase in the Over-Sixty Five exemption is
adopted in the 1980 Budget. ".
The 1980 Budget proposal'predicts most other revenue categories at levels slightly
higher than our 1979 projections. Notable exceptions are.
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A. Interest on investments. This revenue is shown at:the
same level ($165,000) as the 1979 anticipated receipts. The
reasons for showing no growth in interest revenues relate to
possible changes in short-term interest rates and possible
decreases in average investable balances in the General Fund
caused by planned capital item purchases. At this time,
having further analyzed the revenue and expense patterns for
1979, I can predict that interest revenues will exceed $195,000
in 1980.
'251
B. Services revenue (excluding recreation services). This category
is shown at $28,000 in the 1980 budget proposal, $12,000 less than
1979 projections. In 1979 we received $9,000 in Mealsite reimbursement
and $3,000 in S.T.E.P. support. ~oth programs have been terminated.
TAX REVENUE ANALYSIS
A. Market values, all taxable (ad valorem) property:
1978
1979
$417,721,140
$418,345,279
B. .Appraised values:
$172,331,125
$167,338,110
C. Taxable values (70% of appraised values):
$120,631,788 $117,136,677
D. Value of exemptions to Over-Sixty-Five
$ 9,449,500 $ 22,500,000
E. Taxable value net exemptions:
$111,182,288 $ ,94,636,677
F. Taxes available for following budget year.
$ 1,578,788
$ 1,343,840
G. Genral Fund's share of collectable current ad valorem taxes:
$ 1,227,876
$ 1,085,151
H. Comparison of 1979 actual tax receipts to 1979 budgeted receipts
(General Fund):
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1979
Budgeted
Receipts
Current $1,227,524
Delinquent 34,959
Sales 110,000
Franchise & 169,0,00
Misc.
TOTAL $1,541,483
,----,
Actual Excess LJ
Receipts (Deficiency)
$1,227,876 $ 352
107~000 72,041
178,000 68,000
208,000 39,000
$1,720,876
$
179,393
The 1979 Budget was quite accurate in its prediction of current ad valorem taxes.
Delinquent taxes, however, are much higher than planned in the budget primarily
because an abnormally low collection ratio was used in calculating expected re-
ceipts. Normally, during the twelve months follwing a tax period, we can expect
to collect 97.5% of taxes billed for the period in question. The 1979 Budget as-
sumed a twelve month collection of only 91.5% of the taxes billed in late 1978.
EXPENDITURES
u
The 1979 Budget approved the expenditure of $2,563,057 by the General Fund. On
the following pages is a comparison between'budgeted and currently,projected 1979
expenditures. It will show that the General Fund will probably end the 1979 budget
year having spent $2,409,300, which is $153,757 less than appropriated. Most of
the savings will be the result of cancelled or deferred expenditures on non-payroll
expense items. The payroll expense categories are projected to use all but 2.58%
of the budgeted amounts, and, it can be assumed, would have used the full amount
if several prolonged job vacancies had not existed during the first half of this
year.
The projections are based on empirical data obtained from Finance Department book-
keeping records, unposted General Fund checks, and accrued expenses and accounts
payable evidences by invoices and purchase orders, all as of August 10, 1979. The
projections assume a straight-line relationship between actual expenditures of the
first 32 weeks of this year and the predicted expenses for the last 20 weeks of 1979.
The projections do not discriminate between recurring and non-recurring expenses,
nor do they account for 'big-ticket' capital expenditures. The only exception to
this caution regards payroll expense projections, which were weighted to reflect
changes in the average rates of expenditure during this year.
[
253
n I. 1979 actual and ,proiected expenditures.
Actual Projected Total 1979
expenditures expenditures projected
'(32 weeks) (20 weeks) expenditures
A. Payroll $1,000,703 $ 688,297 $1,689,000
expense
B. Other ex- 443,261 277 , 039 720,300
penditures
0
to C. Total ex-
~ penditures $1,443,964 $ 965,336 $2,409,300
W
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<( Payroll Other Total
expense expenditures
A. Budgeted expense $1,733,690 $ 829,367 $2,563,057
B. Projected expense 1,689,000 720,300 2,409,300
0 C. (Over) or Under $ 44,690 $ 109,067 $ 153,757
budgete~ expense
D. Percent under 2.58% 13.15% 5.99%
budgeted ,expense
As noted; above, the total 1979 payroll cost to the Gene~al Fund should amount to
$1,689,000. This sum, includes:
$ 103,000 - Social Security
84,500 - Retirement Contributions
65,000 ~Workmen's Compensation Insurance
55,000 - Health Insurance
6,800 - Unemployment Insurance
$ 314,300 '- totalbenefi ts costs
$ 1,374,700 -gross salaries & wages
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$ 1,689,000 - total salaries, wages & benefits
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Payroll expense for the last six months of 1979 will be significantly higher than it U'
was for the first six months. Several job vacancies existed,during the early months
of 1979, and most have been filled since June, In addition, scheduled merit reviews
during July and August awarded, pay raises of between 2.5% and 5.0% to eligible
employees. The average weekly payroll expense rate has~ therefore, increased from
approximately $31,270 for the first seven months to $34,414 for the last five months
of 1979.
Motion by Commissioner Horne, seconded by Commissioner Maneval, that the report of
the City Treasurer be reproduced in sufficient quantity for distribution at the second
public hearing on the budget to be held on Wednesday, August 22, 1979.
Voting Aye: All
Voting No; None
Mayor Cole directed attention of those present to the supplement to the Southwestern
A~gus which included audited 1977 and 1978 reports, the 1979 report which had been
adjusted by the City Commission'5% across the board in order to cut current city costs
and a proposed 1980 budget.
Subsequent to a presentation by Mayor Cole showing costs for total salaries, wages
and benefits for employees of the city for the years 1977, 1978, 1979 and proposed
1980 he was requested to list new employees that had commenced work for the city
during the years 1977, 1978.and 1979, as well as new employees that were being con-
sidered for fiscal year 1980.
Following questions by those in attendance regarding the need in the Police Depart~
ment for an investigator, traffic officer and records clerk, Mayor Cole explained
that the records clerk would be used to type reports, handle filing duties ~nd
general clerical responsibilities of the Department; that it was believed that the
traffic officer would pay his own way by tickets that would be written for traffic
violations.
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In response to a question regarding the removal of a third building inspector position,
Mayor Cole responded that the position had remained unfilled and it was felt that an
additional inspector was not necessary at this time,
In response to a question regarding savings that might be realized by discontinuing
back-door garbage pickup, Mayor Cole responded that no consideration had been given
to the subject inasmuch as it was believed that the majority of residents preferred
the back-door pickup service.
Mayor Cole advised Mr. Mike Parks and Mr. Gerald Kerbow that an attempt was being
made to obtain an opinion from the Attorney General regarding the tax amendments
that had been approved by voters in January inasmuch as the City Attorney had advised
that it was his opinion that such amendments were in conflict with state law.
Mayor Cole reviewed for Mrs. Margaret Hollowell action taken by the City Commission
to retain a l% utility tax for the year inasmuch as such funds had been included in
the 1979 budget, noting that the Commission could elect to abolish such tax prior to
October 1, 1979. . '
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Commissioner Ahrens advised those in attendance that Mayor Cole did not speak for all
members of the City Commission and that as Mayor Cole reviewed departmental budgets
he would add revisions that he and Commissioner Rosenbaum believed necessary to main-
tain the current level of spending.
Mrs. Sandy Moore was advised that the current salary for City Manager Jim Brown was
$30,784 with an additional $2,160 housing allowance for a total of $32,944 with no
increase proposed for the 1980 budget and that th~ current salary of Assista.nt City
Manager Richard Rockenbaugh was $24,960 with a two-step increase proposed for 1980.
Following Mayor Cole's review of the Finance Department proposed budget Commissioner
Ahrens added that he and Commissioner Rosenbaum recommended that the computer rental
rate remain at the 1979 level and that outside services be reduced, as'well as a re-
duction to $1,500 for capital outlay items including filing cabinets, rolling stands,
etc.
Mayor Cole reviewed the proposed Police Department budget, noting the addition of a
records clerk, an investigator and a traffic officer. The compliment of. the depart-
ment now is a chief, one captain, three sergeants, eleven patrolmen and four dis-
patchers. Mayor Cole stated that the traffic officer would be used for traffic con-
trol to replace the S.T.E.P. program which will be discontinued in 1979, and that a
new automobile requested would be used by such officer making a total of seven vehicles,
one of which will be returned to the Director of Public Health but used by the Police
Department on special investigations.
Commissioner Ahrens advised that he and Commissioner Rosenbaum recommended that the
three additional persons not be added to" the Polic~ Department.
In response to a request by Mrs. Peter Elsas"Mayo:r Cole reviewed the Department of
Community Services (Recreation) budget, advising Mrs. Elsas that funds had been in-
cluded for the purchase of fifty (50) new mats for,use by ladi~s exercise class
and that the existing mats would be recycled for use by other programs. Mrs. Hollowell
was advised that $3,000 had been included for a chiidren'splay area at Judson Park
and $3,000 for Colonial Park.
By concensus of the audience and motion duly made and carried, the City Commission
adjourned the Public Hearing at 10:30 p.m.
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Mayor .
ATTEST:
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City Secre ary
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256
SPECIAL CITY COMMISSION MEETING
August 22, 1979
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The City Commission convened in special session at the Community Building on Wed-
nesday, August 2,2,1979,7:30 p.m., with the following members'present: Mayor Cole,
presiding; Commissione.rs Ahrens, Horne and Rosenbaum. The City Attorney and City
Manager were also present. Commissioner Maneval was absent.
The Invocation was pronounced by Commissioner Rosenbaum.
Mayor Cole announced 'that the purpose of the meeting was to continue a Public Hearing
on the city.s proposed budget for 1980,and that copies of the supplement to the South-
western Argus and the Treasurer's Report which had been presented at the Public Hear-
ing on Monday were available.
Mayor Cole stated, that an amended agenda had been posted to permit consideration of
a resolution concerning the appointment of the Board of Directors of the Appraisal
District of Harris County, Texas. '
Resolution Number 79-33 was presented to the Commission and read in full:
A RESOLUTION CONCERNING THE APPOINTMENT OF THE BOARD OF
DIRECTORS OF THE APPRAISAL DISTRICT OF HARRIS COUNTY, TEXAS
WHEREAS, the Legislature of the State of Texas passed and the Gove- Ii \
nor signed into Law Senate Bill 621 which relates to ad valor~ taxation; and ~
WHEREAS, said Senate Bill Number 621 provides for the creation of a
central appraisal district within each County of the State; and said Bill
furthermore provides that said central appraisal district be governed/admin-
istered by a five (5) member, board who shall be elected by the qualified
voting taxing units within the County by the following formula:
u
V = - X 1000 x 5
T
V = The number of votes to which a taxing unit is entitled
u = The am,ount of property taxes imposed by a taxing unit
during the previous tax year
T = The total amount of property taxes imposed by all taxing units
within the appraisal district which are entitled to vote
WHEREAS, Section 6.03(i) of Senate Bill 621 provides that a majority
of three-:"'fourths- (3/4) of the,ql1alified'voUng rmitswHbjj!B the County may ex-
pand the number of members of the board and alter the previous formula used
for election of board members; and
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WHEREAS, Harris County is a large IJrban area containing fifty (50)
plus taxing units of which ninety-five (95%) percent are small in relation to
the tax levies of a few larger units, thereby making the aforementioned size
and formula for election of board members inequitable to the smaller taxing
units.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS:
That under the authority of that section, the City of West University
Pl ace City Cammi ssion hereby affirms its support of the foll owing proposed
modification in the board of directors.
1. That Section 6.03 (a) and 6.03 (g) of the Act be amended to in-
crease the number of directors from five to nine. Those sec-
tions, as they pertain to Harris County, shall now read as
follows:
Section 6.03 (a):' liThe appraisal district 'is governed by a board
of nine directors'. To be eligible to serve on the board of
directors, an individual must be a resident of the district and
must have resided in the district for at least two years.1I
Sect'ion 6.03 (g'):,'IIThe gove'rning body of such taxing unit
entitled to vote shall determine its vote by resolution and
submit it to the county clerk before November 15. The county
, clerk shall count the votes, declare the nine candidates who
receive the latgest cumulatiVe vote totals eletted, and submit
the results before December 1 to the governing body of each tax-
ing unit in the d'istrict and to the candidates.1I
II. That Section 6.04,(a) be amended to increase the number of direc-
tors necessary for a quorum from a majority to seven. That
section, as it, pertains to Harris County, shall now read as
follows:
IISeven directors, shall constitute a quorum of the appraisal dis-
trict board of directors. , At its first meeting each calendar
year, the board shall elect from its members a chairman and a
secretary. II
III.
That Section 6.03 (d) be amended to provide the determination of
voting entitl ement by populati'on rather than property taxes im-
posed. That section, as it pertains to Harris County, shall now
read as follows:
liThe voting entitlement of a taxing unit that is entitled to vote
for directors is determined by population. The authority for
determining the entitlement of cities and the county shall be the
most current United States Bureau of Census population figures.
The authority for determining the entitlement of school districts
shall be the most current Gross Average Daily Attendance figures
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258
'as published in the Texas Education Agency nirprtory of Tp)(i'lC::
Public Schools. '
The following scale shall apply:
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Taxi ng Unit
, Popul ation
City, County
Votes
School District
Votes
1-5,000
5,000-15,000
15,001-30,000
30,001-50,000
50,001-75,000
75,001-105,000
105,001-140,000
140,001-180,000
180,001-225,000
1
2
3
4
5
6
7
8
9
2
4
6,
8
10
12
14
16
18
*Cities, county and school districts having populations over
225,000 shall accrue one additional vote for each 50,000 above
225,000.
A taxing unit participating in two or more districts is entitled
to vote in each district in which it participates, but only the
population in a district is used to calculate the voting ~ntitle-
ment in that district."
lJ
. PASSED AND APPROVED thi~ 22nd d~y of August, 1979.
Motion by Commissioner Horne, seconded by Commiss,ioner Ahrens, that Resolution
Number 79~33 be approved as read.
Voting Aye; All
Voting No; None
In accordance with instructions of the City Commission; quotations received for
delivery of 15,000 five part tax forms were presented. It, was noted that the
following prices had been quoted: Ni.C.R. Corporation, $909.00, plus delivery;
Jiffy Blueprint Company, $1,039.35, plus delivery; and Form Craft, Inc., $1,235.85,
pl us delivery.
Motion by Commissioner Horne, seconded by Commissioner Ahrens, that the City Com-
mission a'pprove the quotation received from N.C.R. for delivery of 15,000 tax
forms at a cost of $909.00, plus delivery.
Voting Aye: All
Voting No: None
Mayor Cole announced that Congressman Ron Paul will hold a Town Meeting at the West
University Community Building on Saturday, August 25, 1979, from 10:00 a.m. until
12:00 noon and invited all those interested to p,lan to attend.
MayorCol e Conti nued with the review 'of the proposed budget for the fi sca 1 year 1980 U~(
with the Fire Department.
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Mayor Cole stated that the Fire Department 'budget included, $5,000 for a reserve fund
for the purchase of a new fire truck which would be requ'ired: in eight years and noted
that a continued increasebf'the city'ls population could're~Uire the purchase of a
ladder truck rather than a pumper. '
In response to a question by Ms. Joann McCay, Mayor'Co.leadvised that the total in-
surance on value of rolling stock owned by the city was $440,000.
Commissioner Ahrens stated that the Fire Department was the most efficient and best run
department in the city, but that the minority report filed by he,and Commissioner
Rosenbaum recommended'some minor decreases in the p'roposed budget.
Mayor Cole reviewed the Inspection Department budget', noting that a previously budgeted
third building ,inspection position had'been-deleted inasmuch as it had not been filled
and was not believed" necessary at this time.
The next proposed budget to be reviewed was the Department of Public Works and Engi-
neering. Mayor Cole reported that this budget included the employment of a mechanic
to work on thirty-four automobiles and pick-up truck units in view of the high cost
of outside repairs.
Commissioner Ahrens stated that the minority report recommended the purchase of an
automobile for the Director of Public Works at a capital outlay cost of $4,500 rather
than the proposed $6,000.
In review of the Department of Public Works (Street) Department budget Mayor Cole
advised those present that bond funds had been designated for certain streets; plans
for five-year street rehabilitation program proposed by Street Superintendent A.L.
Bearden; and that recent home flooding in the city had not been caused by a lack of
storm sewers.
Mayor Cole continued his department budget review including the Department of Public
Works (Sanitation Collection) noting plans for employment of three additional laborers'
in order to man all trucks when some of the present employees fail to report for work.
Discussion on the proposed budget for the Department of Publicl~orks (Landfill) in-
cluded a proposal that would be presented to the Commission on September 4th for:
possible location of a compactor transfer station on property owned by the city
and the City of Bellaire for landfill sites. '
Included in the discussion on the proposed budget for the Department of Public Works
(Recycling) was a need for additional residents to participate in the program.
Mayor Cole reviewed proposed budgets for Department of Community Services (Senior
Services) by explaining to Mr. George Faison the operation and services provided
by this department.
Next to be reviewed by Mayor Cole were proposed budgets for the Department of Community
Services (Community Facilities), Health Department, Interest & 'Sinking Fund, Depart-
ment of Public Works (Water), Department of Public Works (Sewer Collection), Depart-
ment of Public Works (Wastewater Treatment) and the Revenue Sharing Fund.
Mr. Lloyd Flynt stated that he was in agreement with the minority report of Commis-
sioners Ahrens and Rosenbaum and not in agreement with the proposed budget.
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260
Fo 11 owi ng a 1 ength.}"'di scussi on by members of the Ci ty' Commi ss i on and those in atten-
dance at the meeting regarding the proposea $15,000 exemption proposed for those.
citizens over sixty~fiveyears of age which included both those in favor of the pro-
posed increase, the present $6,000 exemption and an exemption between the two,
Mayor Cole advised that a workshop session had been scheduled for Saturday afternoon
for further discussion of items. to be included in the final budget and that any ,C
budget approved would not meet approval of everyone but that efforts would be made
to do what the majority of the citizens desi:ed.
Commissioner Horne stated that he d'id not khow the origin of the terms majority and
minority budgets, but that-he would like the usage thereof discootinued"in 'view of
the fact that he was not a participant in any of the workshops to consider development
of the-proposed budget, therefore, there could not'have been a majority. Commissioner
Horne advised Mr. Flynt that he was disappointed in his opinion of'the proposed bud-
get and that a sound system of cash management the expenditure of funds in the
1980 budget would be reviewed by the Commission and cuts made anytime it was deemed
in the best interest of the ci ty. -
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With no further business to come before the Commission at this time, upon motion
duly made, seconded and carried, the meeting adjourned at 12:15 p.m.
~ ?It.~
Mayor
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ATTEST:
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City Secretary
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REGULAR CITY COMMISSION MEETING
August 27, 1979
The City Commission convened in regular session at the City Hall on Monday, August
27,1979,7:30 p.m., with the following members present: Mayor Cole, presiding,
Commissioners 'Ahrens, Horne, Maneval and Rosenbaum. The City Attorney and City
Manager were also present. '
The Invocation was pronounced by Mayor Cole.
MINUTES OF COMMISSION MEETINGS: Minutes of ' the regular meeting of the City Commission
o on August 13, 1979 and Public Hearings held on August 20, 1979 and AugiJst 22,
Lf) 1979, were presented for consideration.
~ Motion by Commissioner Rosenbaum, seconded by Commissioner Horne, that minutes
W of the regular meeting of the' City"'Commission' on August 13, 1979~ and Public
c:::( 'Hearings held on August 20,1979 and August 22,1979, be approved with the fol-
c:c lowing corrections:
Minutes of August 13, 1979, be corrected to show Polygraph Examiner's name as
Johnnie Wiener and adjournment time as 8:10 p.m.
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Minutes of August 20, 1979, be corrected to show that the total amount proposed
in the 1980 budget for childrens' play areas at Colonial Park and Judson Park
is $3,000.
Minutes of August 22, 1979, be corrected to show date and time of the meeting
as Wednesday, August 22, 1979; th~t Resolution Number 79-33 was presented for
consideration; the correct spell ing of the 'name of Mrs~ Joan McCay; and the
correct spelling for lengthy.
BOARD AND COMMITTEE APPOINTMENTS: Members of various boards and committees who were
not available when members were appointed to such boards ano'committees had been
requested to attend the meeting to take the standard Oath of Office.
Mayor Cole administered the Oath of Office to the following:
Plumbing Board
Roy Harper, 3048 Marquette
T. O. Sword, 4025 University
Dr. Randy Bailey, 6615 Brompton
Horace Rice, 3712 Albans
Ms. Jerry.White, 6711 Br,ompton
Joe Eason, 3773 Nottingham
Seth'Ramey, 3409 Rice
A. B. Fisk, 2727 Barbara Lane
Ambulance Advisory Committee
Council on Aging
Insurance Committee
El ectri ca 1 Board
HEARING OF RESIDENTS; Mr. Lloyd Flynt, 3606 Rice Boulevard, reviewed the Austin Re-
port prepared and mailed by Representative Brad Wright~ which addressed the
question of excessive spending by governmental 'units.
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Mr. Charles Gillan, 3620 Georgetown, requested that basic real estate values
in the city be reviewed prior to increasing the $6,000 homestead exemption for
resjdent age sixty-five or older to the proposed $15,000, noting that such
exemptions would represent approximately 25% of the taxing units in the city.
Mrs. Betsy Wi1]ougnby, 6417 Westchester, stated that she would like to repeat
that she is not against senior citizens, but did not think that young families
who bought homes in West University at very inflated prices in order to live in
the city should have to pay for increased'benefits for senior citizens.
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Mr. Tom Browder, 6362 Buffalo Speedway, was advised that a special meeting of
the City Commission would be held on Tuesaay, August 28th for additional dis-
cussion on the 1979 budget. -
Mr. Oscar Kotteman~ 6355 Rutgers, stated that as a member of the Council on
Aging he worked'veryc10,se1y with'the sentor citizens of the city and realized
that they had-a very deep need for some help and that it was his belief that
they deserved it.
Mr. David Rulfs, 3304A1bans; stated that the assessment on his home had doubled
and his taxes increased 35% and he thought he was entitled to a $15,000 exemption.
Mrs. Lucille Ru1fs,~.3304 A1bans, stated that i;t':washer beliefe that the Mayor
and CommiSsion had done an excellent job.
Miss Nancy. Bringhurst, 3820 Swarthmore, stated that she thought the exemption u-
for sendior'citizehsshou1d be increased to $15,000 because these were the
people who built the character and reputation of the city thereby making it
a desirable and beautiful place in which to' live.
Ms. Joan McCay, 3029 Carnegie, stated that she had been advised at an earlier
meeting of the Commission by Mayor Cole that the proposed budget had been pre-
pared on the basis of a $15,000 exemption. Ms. McCay stated that the proposed
budget included money for recreation needs of younger families and their children.
Ms. McCay also stated that there were between 17% and 18% of the citizens of the
city who were senior citizens rather thana reported 25% and that it was her be-
lief that everything possible should be done for them.
Mr. John Janes, 6110 Annapolis, stated that he had raised his children in West
University and paid his taxes and now that he was sixty-five he believed that
the $15,000 homestead exemption shouTd be approved.
Mr. Ralph Berry, 3766 Arnold, commended the Mayor and members of the Commission
on their preparation of the budget, adding that it was the first time since he
had lived in West University that he felt that he knew where the money was going.
Mr. Ferd Reiger, 6515 Brompton, stated that for some residents living on a very
low, fixed income that the increased homestaed exemption would permit continued
living in their homes. Mr. Reiger requested that a new sign be erected at the
intersection of Brompton and Pittsburg showing the name of the street to be U
Brompton Road 'rather than just Brompton. Mr~ Reiger also requested that young ,.,
children be taught how to correctly 'ride bicyc1es~ noting that institution of a
training program would benefit all residents.
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Mr. Dave Heiskell, 6615 Buffalo, was advised that,a total of 1,507 citizens had
currently signed up for homestead exemption.' Further discussion regarding'a
time limit for making application for the exemption developed that the law did
not specify a limit and that West University residents were permitted to make
such application during any time period. '
Mrs. Pauline Waters, 6351 Vanderbilt, stated that she had lived in West Univer-
sity since 1928 and would appreciate anything that could be done by the Commis-
sion to increase the homestead exemption for senior citizens.
City Attorney David Allums advised those in attendance that the city administra-
tion had always worked very hard to permit citizens to pay their taxes within
their ability ana to his knowledge ,no citizen had ever had to sell their home
to pay city taxes.
DESIGNATION OF BICYCLE LANES: Resolution Number 79-34 was presented to the Commission
and read in full:
HHEREAS, the City Commiss,ion desires to establish bicycle lanes
within the city; and
WHEREAS, the City Commission further desires to establish penalties
for driving and/or parking of vehicles on or acroSs bicycle lanes; and
WHEREAS, the opinion of citizens is desired regarding the bicycle
lanes.
NOW,'THEREFORE, BE IT RESOLVED BY THE 'CITY COMMISSION OF THE CITY
OF WEST UNIVE.RSITY PLACE, TEXAS: '
Section 1. That a P~blicHearing shall be held at 7:30 p.m.,
September' 26, 1979, at the Community Building of the City of West Univer-
sity Pl ace, Texas, 1 ocatedat 61 04n Auden, to consider' bicycl es 1 anes; the
location thereof; and parking thereon.
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Section 2. The City Secretary shall publish notice of such hear-
ing in the official paper of the City of West University Place, Texas at
least fifteen (15) days before the" date of such hearing and in addition
thereto shall deliver notice of such hearing to the owners of property
abutting the' proposed bicycle lanes; such owners shall be determined
according to the current tax roll of the City of West University Place,
Texas, and the delivering of such notice shall be made at least fifteen
(15) days prior to the time set for the hearing.
Section 3. A copy of the prop'osedbicycle lanes s,hall be filed
in the office" of the City Secretary and shall be available for inspection
by an interested party. ' , -
Section 4. Thfs Resoluti6n,sha'l1 take effect and be in force
'from and after its passage and approval.
PASSED AND APPROVED this
day of
, 1979.
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Motion by Commissioner Maneval, seconded-by Commissioner Rosenbaum, that Resolu-
,tion'Number 79~34 be'approved as read.
Moti on amended by Commi ssi onerAhrens" seconded by Commi ss i oner Rosenbaum, that
"/safetyll be added to each reference to'bicycle lanes in the Resolution.
Voting on amendment.
Voting Aye: All'
Voting No: 'None
Voting on motion.
Voting Aye: All
Voting No~ None
DEPUTY CLERK OF MUNICIPAL COURT: Resolution Number 79-35 was presented to the Commis-
sion and read in full:
WHEREAS, Mrs. Marjorie Higgins, an employee of the City, was
appointed DeputyClerk of'theMunii:ipal Court of the City of WestUni-
versity Place, Texas on May 14, 1979; and
WHEREAS, Mrs. Marjorle Higgins has now changed her legal name
to J. Lovell. . ,
NOW, THEREFORE, BE~IT RESOLVED'BY THE CITY COMMISSION OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. That J~ Lovell is hereby appointed Deputy Clerk of
the Municipal Court of the City of West UniversityPlace~ Texas.
Section 2; ThatJ. Lovell shall perform any and all duties of
'Deputy Clerk of the Munic'ipal Court of the City of West University Place,
Texas, asrequired'after having been administered the proper Oath of Office.
Section 3. This Resolution shall become effective upon passage
and approval.
PASSED AND APPROVED thi s
day of
, 1979.
Motion byCorrimissioner Horne~ seconded by Commissioner Maneval, that Resolution
Number 79~35 be approved as read.
Voting Aye: All
Voting No: None
CITY ATTORNEY: City'Attorney David Allums 'requested permission to report on a brief
he had received from the Texas Department of Health regarding the city's appli-
cation for a permit to continue operation of the sanitary landfill site. Mr.
Allums stated that the application had been approved by the Department engineer
with lo~d plaudits 'for operation of ~he landfill for whith Mr. Odis Gregg as
Superintendent of the Sanitation Department was due credit and deserved a com-
mendation from the city.
CITY HALL COOLING TOWER: The Commission was advised that in accordance with the
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accepted ,bi d ,submi tted:Jby-Way Engi.neeti ng, Inc. ,the old Ci ty Ha 11 cool i ng, tower
had been removed and a new one installed. An invoice in the amount of $3,533.34
submitted by Way Engineering, Inc: was submitted for consideration with a re-
commendation by the City Manager that it be approved.
Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that Invoice
Number 5360 submitted by Way Engineering, Inc. in the amount' of $3',533.34 be
approved for payment. '
Voting Aye: All
V6ting NQ: None
WATER WELL NO.7: An i nvoi ce i nthe amount of $571.35 recei ved from Langford Engi-
neering, Inc. for contract fees on water well no. 7 and water transmission line
was presented for consideration together with a tabulation of fees that had
been charged to the project. '
.
Motion by Commissioner M~neval, seconded by Commissioner Horne, that Invoice
Number 1935, in the amount of $571.35, received from Langford Engineering, Inc.
be approved for payment.
Voting Aye: All
Voting No: None
INSTALLATION OF DOOR AND GLASS PARTITION ON CITY HALL'SECOND FLOOR: An invoice in
the amount of $1,072.00 for the installation of a double acting door and glass
partition at the head of the stairs on the 'second floor of the City Hall was
submitted for consideration with a recommendation for the City Manager that it
be approved for payment.
Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that an in-
voice from Binswanger Glass Company in the amount of $1,072.00 be approved for
payment.
Voting Aye: All
Voting No: None
City Manager Jim Brown was requested to prepare an up-date on total costs of
the relocation of City Hall office space.
POLICE DEPARTMENT RECORDING TAPE: An invoice in the amount of $530.10 submitted
by Dictaphone for delivery of thirty-one (31) recording tapes for use by the
Police Department was presented for consideration.
Motion by Commissioner Horne, seconded by Commissioner Maneval, that Invoice
Number A484805 submitted by Dictaphone, in the amount of $530.10, be approved
for payment.
Voting Aye: All
Voting No: None
VISUAL REFERENCE STATION TABLES: The Commission was presented a request for the
purchase of two CRT tables with quotations for delivery received from NCR,
Data Systems Supply Company and Systems Manufacturing Corporation and a re-
commendation that the quotation s'ubmitted by Systems Manufacturing Corpora-
tion for delivery of the tables 'at a total price of $383.00.
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Voting' Aye~ All
Voting No: None
LEGAL MATTERS:' City Attorney David'Allumsadvised the 'Commission that he had no
report at this time.
CITY ~1ANAGER I S REPORT: City Manager Jim Brown presented ,three proposal s retei ved
for delivery of a'Frederick air conditioner for installation in the office of
the Director of Public Works with a recommendation that the unit be purchased
from January.s, Inc. and Read Electric Company employed for installation of
the necessary wall plug.
Motion by Mayor Cole, seconded by Commissioner Horne', ,that a decision on pur-
'chase of an air'conditioning unit be delayed until such time as the City Com-
mission is furnished'a complete cost of re-locationof office space.
Voting Aye: All
Votina No: None
Following presentation by ~1r. Brown of an Invoice in the amount of $100.00
from Mr. Johnnie Wiener ,for a polygraph examination it was deemed by the Com-
mission that no action was necessary.
Mr. Brown presented the Commission a request from Chief of Police Frank Robinson
for purchase of twelve (12) new tires for the Police Department patrol units, to-
gether with quotations that had been received from Goodyear, Firestone and Good-
rich. The attention of the Commission was directed to the fact that this was a
regular maintenance item included in the 1979 budget. '
Motion by Commissioner Maneval, seconded by Commissioner Horne, that the recom-
mendation of the City Manager and Police Chief be accepted and the City Commis-
sion authorize purchase of twelve (12):new tires from Firestone for $50.40 each
with necessary balancing and mounting charges.
Voting Aye: All
Voting No: None
Mr. Brown presented the Commission an invoicein'the amount of $2,875.00 sub-
mitted by Water Tank Service Company for exterior work that had been completed
on the Wakeforest elevated water reservior, noting that Houston Coca Cola Com-
pany had agreed to pay one-half of any charges necessary for restoring the re-
servoir. "
Motion by Commissioner Maneval, seconded by Commissioner Horne, that the City
Commission approve payment of $2,875.00 to Water Tank Service Company and for-
ward an invoice for one-half that amount toC6ca Cola Company for payment.
Voting Aye: All
Voting No: None
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CONCERNS OF THE CITY COMMISSION: Commissioners Ahrens and Maneval had no concerns
at this time. Commissioner Rosenbaum requested that all mail directed to the
City Commi ss i on' show a date. Cammi ss'i oner Horne noted that there were 28 res i-
dents in attendance at the meeting, 12 of ' whom addressed the Commission. Com- U
missioner Horne stated that remarks by 'residents contributed to his thinking
and that he wanted to express his appreciation. Mayor Cole was advised that
the Sanitation Department was apparently operating at near its normal level
inasmuch as calls to the City Hall had dropped considerably.
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BOARD AND COMMITTEE MINUTES TO BE PRESENTED: Minutes of the regular meeting of
the Zoning Board of Adjustment on August 15th, the regular meeting of the
Zoning and Planning Commission on August 16th; the regular meeting of the
Electrical Board on August 20th and the regular meeting of the Parks and Re-
creation Board on August 14th were. presented to the Commission for their infor-
,mati on.' '
ADJOURNMENT: With no further business to come before the Commission at this time,
upon motion duly made, seconded and carried the meeting adjourned at 9:15 p.m.
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ATTEST:
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City 5e(;n~Ldr'y
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268
SPECIAL CITY COMMISSION MEETING
AUGUST 28,1979 '
u
The City Commission convened in special session at the Community Building on Tuesday,
August 28, 1979, with the following members present: Mayor Cole'; presiding'- Commis-
sioners,Ahrens, Horne, Maneval and Rosenbaum., The City Attorney and City Manager
were also present.
The Invocation was pronounced by Commissioner Ahrens.
Mayor Cole advised that City Tax Assessor/Collector had prepared some statistics indi-
cating the number of citizens that would be affected by the granting of a homestead ex-
emption of $15,000. ,
355 would pay no tax at all
86 would pay less than $10.00
94 would pay less than $20.00
106 would pay less than $30.00
93 would pay less than $40.00
90 woulcdpay less than $50.00
Using a tax exemption of $12,000 would result in the following changes:
83 would pay no tax at all
73 would pay less than $10.00
84 would pay less than $20.00
70 would pay less than $30.00
90 would pay less than $40.00
91 would pay less than $50.00
Mr. Charles Gill~n, 3620 Georgetown, stated that there were 5,322 pieces of real
estate within the city and with a population of approximately 14,500 the per house-
hold tax was $541.00. Mr. Gillan stated that he did not believe it equitable that
355 tax payers who would pay no tax at all under the provisions of a $15,000 tax
exemption would receive $541.00 of city services. Mr. Gillan stated that comparison
with Bellaire and Houston was not applicable inasmuch as West University did not
have the tax base of the other ~ities.
o
In response to a question by Commissioner Horne regarding the deferring of taxes on
homestead property by senior citizens unable to pay, City Attorney David Allums
stated that any senior citizen unable to pay their taxes should go to thefr Tax
Assessor/Collector and sign the required forms subsequent to which the taxes on the
property would be assessed but instead of being leVied would be exempt and the taxes
accrued until the property was sold.
Ms. Joan McCay stated that when a tax lien is placed on a piece of property the owner
no longer can do with that property as he sees fit.
Mayor Cole reviewed changes that had been made in the proposed budget using a home-
stead exemption of $12,000 rather than the original proposed $15,000, including the
addition of three additional employees in the Police Department and three additional
firemen.
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Commissioner Horne reviewed action by the City Commission from its installation in
office in its study of the Police Department and its activities.
Mr. Duke Landry, 3756 Rice, stated that he was fearful of the Commission's use of
reserve funds to finance the 1980 budget and that it'was his belief that the pain
was ,only being delayed.
Commissioner Maneval stated that the Commission had tried to make reasonably-astute
judgments and decisions using the information that had b~en presented to them and
that no one had the answer to running the' city, and that it was hoped that the judg-
ments made would be proper and in the best interest of the ci ty.
Commissioner Ahrens stated that tt was his opinion tha~ abudg~twas not an umbrella
to cover all possibilities. Commissioner Ahrens further stated that each Department
Head had suggested things that the city could use but as is true in family budgets
some of them could not be afforded, and that the budget should be used as a guideline
by each Department Head. Commi ssi oner Ahrens. added that he was ashamed of the budget
and ashamed of the P.O.A.party for not taking the Commission to task for it. ,
Commissioner Rosenbaum stated that sooner or later inflation must be dealt with and
it was her bel ief that there remained much fat tn the budget thatcou1 d be cut with-
out affecting city services. Commissioner Rosenbaum added that as a housewife she
had been required to budget in order to meet the needs of her family and that there
were many things that were desired in the ,budget that could not be afforded.
Commissioner Horne expressed a desire that, the entire budget process,be critiqued as
soon as possible after ,its adoption in order to proVide a budget Process that would
be useful in years to come, noting that members of the Commission could disagree
and still proceed with the job of establishing a budget for all citizens of the city.
Mr. Horne stated that review of errors made by the City Commi ssion and errors made
by the administrative staff would assure that the next Commtssion not repeat those
mi stakes..
Mayor Cole adivsed those in attendance that. the next consideration of the Commission
on the 1980 budget would be at the City Hall at 7:00 p.m. on Wednesday, August 29th.
F 0 11 owi ng compliments by many of those ;-n attendance to, members of the Commi ss i on
City 'Attorney David All urns expressed appreci ationto staff members' that had worked
many long hours in preparation' of,thebudget.
Motion by Commissioner Horne, seconded by Commissioner Maneval, that new personnel
in the Pol ice and Fire Departments included '.in the 1980 budget not be employed
until the year in which it is budgeted and that not before the City Commission
has inc1 uded such emp10yement onaregular' Commission agenda to review expenses
that might occur during the balance of the current year.
Voting Aye: All
Voting No: None
With no further business to come before the Commi'ssion at this time, upon motion
duly made, secondedand:carried, the meeting adjourned at 11 :30 p.m.
Mayor
,ATTEST:
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City Secretary'!',~>.. --
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270
SPECIAL CITY COMMISSION MEETING
August 29, 1979
The City Commission convened in special session at the City Hall on Wednesday,
August 29,1979,7:00 p.m., with the following members present: Mayor Cole, pre-
siding; Commissioners Ahrens, Horne, Maneval and Rosenbaum. The City Attorney
and City Manager were also present. " ,
The Invocation was pr~nounced by Commissioner Horne~
Ordinance Number 1138 was presented to the Commis~ion and read in full:
AN ORDINANCE LEVYING AND ASSESSING AN AD VALOREM TAX ON ALL
TAXABLE PROPERTY WITHIN THE 'CORPORATE LIMITS OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS, FOR THE YEAR 1979; PROVIDING
THE BASIS OF ASSESSMENT OF APPRAISED" VALUE AND PROVIDING
FOR THE COLLECTION THEREOF AT THE RATE OF $1.42 ON THE ONE
HUNDRED ($100.00) ASSESSED VALUATION.
BE IT ORDAINED BY THE CITY Cm1MISSION' OF: THE CITY OF' ~~EST UNIVERSITY
PLACE TEXAS: '
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Section I. That there is hereby levied and assessed against all
taxable property, both real and personal, within the corporate limits of the
City of West University Place, Texas, and there shall be collected by such ur'~
city, a tax of $1.42 on the one-hundred {$100.00) dollar assessed tax valua-
ti on for th,e year 1979. "
Sectio'n 2. Such tax is hereby levied and assessed in accordance
with the terms' and provisions of 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 following purposes to
finance a certain portion of the 1980 bupget, to-wit:
(A)
For the upkeep and maintenance of the Department
of Health and Sanitatfon '
.05
(B)
For current expenses and operation of the Gen-
eral Fund and its various departments
For Tax Revenue Sinking Fund to pay the
principal, interest and fiscal agent's fees
on $1,500,000 bond, issue of the City
Total Tax Rate
. 16
1.42
1. 21
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Section 3. That the Tax Assessor and Collector for the City of
West Universtty 'Place, Texas is hereby di'rected to assess and collect taxes
on all of the property, both real and personal, within the corporate limits U
of the Citybf ~Jest University Place, Texas on the basis of 70% of appraised ,
valuation as herein provided.
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PASSED AND APPROVED this
day of
, 1979.
Motion by Commissioner Horne, seconded by Commissioner Maneval, that Ordinance Number
1138 be corrected to i ndi ?,?~,e 1979 as the year of passa~e, and ~I?-proved as corrected.
Voting Aye: All
Voting No: None
Ordinance Number 1139 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 22-3;'
PROVIDING THAI IF THE TAX PAYER FILES A SWORN APPLICATION'
WITH THE TAX ASSESSOR DURING THE TAX YEAR ESTABLISHING THAT
HIS PROPERTY IS A RESIDENCE HOMESTEAD AND IS OWNED AND OCCU-
PIED BY PERSONS 65 YEARS, OF AGE OR OLDER THAT TWELVE THOUSAND
DOLLARS ($12,000) 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 1. 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 rea'd as follows: '
IISection 22-3: That if a tax payer fi 1 es a sworn
application for homestead exemption with the tax
assessor at any time up to and including the last
day of December of a taX year establishing that
his property is a residence homestead owned and
occupied by persons 65 years of age or older,
twelve thousand dollars ($12,000) of the assessed
value of such homestead shall be exempted from ad
valorem taxes as assessed and levied for that year.
Application forms may be furnished by the Tax Assessor
and'Collec'tor." .
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
day of
, 1979.
Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that Ordinance
Number 1139 be'approved as read. '
Voting No: Horne
Voting Aye: Ahrens
Cole
Maneva 1
Rosenbaum
Ordinance Number 1140 was presented to the Commission and read in full:
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AN ORDINANCE' OF THE CITY OF \~EST UNIVERSITY PLACE, TEXAS
PROVIDING FUNDS FOR THE FISCAL YEAR BEGINN,ING JANUARY 1,
1980 AND ENDING DECEMBER 31~1980 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 DEPARTMENTS AND FOR VARIOUS ACTIVITIES
AND' IMPROVEMENTS OF'THE-CITY
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WHEREAS, as required by the City Charter; the budget has been
prepared and submitted to the City Commission with'~stimates of expenditures
and revenues of all city departments and activities, for the year beginning
January 1,1980 and ending December'31, 1980.
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 cunsidered by the City Commission.
NOW, THEREFORE, BE IT ORDAINED BY 'THE CITY COMMISSION OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS:
Section 1. That for the purpose of providing the funds necessary 0
and proposed to be expended in the budget for said city for the fiscal year
beginning January 1, 1980 and ending December 31, 1980, the budget was pre-
pared and submitted to the City Commissi'on for 'its consideration and approval,
and that said budget in the total amount of $4,149;284.00 be, and the same is
hereby, appropriated for the maintenance and operation of the various depart-
ments of the government of the city and the various activities and improve-
ments asset forth in said budget.
Section 2. That the said budget of the: City of West University
Place, Texas, for the fiscal year beginning January 1, 1980 and ending
December 31, 1980, an exact copy of which 'is marked IJExhibit All and made a
part hereof 'for all purposes the same as if 'it were copied in full herein,
is hereby approved and adopted by the City Commission of the City of West
University Place, Texas, as the budget for the city for the fiscal year 1980.
Section 3. That this ordinance approving and adopting a budget for
the twelve month period hereinabove specified is made in all things in accor-
dance with the terms and provisions of the City Charter of the City of West
University Place, Texas.
Section 4. That this ordinance shall take effect and be in force
immediately from and after its passage and approval as required by law.
day of
, 1979.
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PASSED AND APPROVED this
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"EXHIBIT A"
CITY OF WEST UNIVERSITY PLACE BUDGET
FOR TWELVE-MONTH PERIOD
BEG:INNING'JANUARY 1 ~ 1980
ENDING DECEMBER 31,1980
ITEM I
I N COM E
, , , ..
ANTICIPATED INCOME & FUNDS AVAILABLE FOR APPROPRIATION
General Fund
Taxes
Licenses & Permits
Fines
Interest, Investments
Rents
Fees
Recycling
Services
Recreation
Grant Revenue
Appropriation for Capital Outlay from Unappropriated
Fund Balances
Inter-Fund Transfer. (Water/Sewer Fund)
Total Available Revenue - Ge~eral fOnd
Health and Sanitation Fund
Taxes
Licenses
Miscellaneous
Total Avai1abeRevenue - Health & Sanitation Fund
Water/Sewer Fund
Water Sales
Sewer Charges
Interest & Miscellaneous
Total Available Revenue - Water/Sewer Fund
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$ 1,601,058
75,000
120,000
, 195,000
75,000
258,000
16,000
28,000
175,000
80 , 71 5
217,905
125,891
$ 2,967,569
$ 54,102
2,900
7,000
$ 62,002'
$ 480,000
290,000
55,500
$ 825,500
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Revenu~ Sharinct Fun..c!
Receipts and Interest ,
Appropri ati on from Unexpended B.a 1 ances
$
57,251
67,764
$ 125,015
Total Available Revenue.- Revenue Sharing Fund
Sinkinq Fund
Taxes $
Interest on Investments in Securities
165,198
4,000
169,198
Total Available Revenue - Interest & Sinking Fund' $
ITEM II
E X PEN S E
OPERATING AND CAPITAL EXPENSES
General Fund
Legislative/Policy
Administrative/Executive
Municipal Court
Finance
Purchasing
Legal
Zoning (Planning & Adjustment)
Police
Fire
Inspection
Public Works, Engineering
Public Works, Street
Public Works, Sanitation-Collection
Public Works, Sanitation-Sanitary Landfill
Public Works, Sanitation-Recycling
Community Facilities
Community Services, Parks
Community Services, Recreation
Community Services, Senior Services
..
$ 102,781
107,274
43,632
191 ,102
10,467
21,400
2,350
506,580
489,438
63,338
69,611
270,891
385,185
136,552
75,765
142,523
52,447
266,613
29,620
Total General Fund Expenditure
$ 2,967,569
Health and Sanitation Fund
Operating Expenses
Capita 1 Outl ay
$
49,501
12,501
Total Health and Sanitation Fund Expenditures
$
62,417
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0 Water/Sewer Fund
Water $ 390,339
Inter-Fund Transfer (General Fund) " 125,891
Sewer 124,602
Sewage Treatment 115,455
Estimated Increase in Retained Earnings 69,213
Total Water/Sewer Fund Expenditure $ 825,500
and Retained Earnings
0 Revenue Sharinq Fund
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" Compactor Tractor (Encumbered in Prior Years) $ 80,715
W (2) Packer Units 44,300
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<! Total Revenue Sharing Fund Expenditures $ 125,015
Interest & Sinkinq Fund
Principal & Interest $ 162,975
0 Fiscal Agent's Fees 250
To Reserve for Interest & Sinking, Fund 5,973
Total Interest & Sinking Fund Expenditure $ 169, 198
TOTAL INCOME $ 4,149,284
TOTAL EXPENDITURE $ 4,149,284
Motion by Commissioner Horne, seconded by Commissioner Maneval, that Ordinance Number
1140 be approved as read.
Motion amended by Commissioner Ahrens, seconded by Commissioner Rosenbaum, that Ordi-
nance Number 1140 be approved with the substitution of an Amended Exhibit "N'.
A MEN 0 E 0
"EXHIBIT A"
~
CITY OF WEST UNIVERSITY PLACE BUDGET
FOR TWELVE-MONTH PERIOD
BEGINNING JANUARY 1, 1980
ENDING DECEMBER 31, 1980
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ITEN I
I N COM E
ANTICIPATED INCOME & FUNDS AVAILABLE FOR APPROPRIATION
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General Fund
Taxes $ 1 ,601 ,058
Licenses & Permits 75,000
Fines 120,000
Interest, Investments 195,000
Rents 75,000
Fees 258,000
Recycling 16,000
Services 28,000
Recreation Services 175,000
Grant Revenue 76,531
Appropriation for Capital Outlay from Unappropriated
Fund Balances -0-
Inter-Fund Transfer (Water/Sewer Fund) , 122,550
Total Available ReVenue - General Fund $ 2,742,139 ~
Health and Sanitation Fund
Taxes $ 52,102
Licenses 2,900
Miscellaneous 7,000
Total Available Revenue - Health & Sanitation Fund $ 62,002
Water/Sewer Fund
Water Sales
Sewer Charges
Interest & Miscellaneous
Total Available Revenue - Water/Sewer Fund
$ 480,000
290,000
55,500
$ 825,500
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Revenue Sharing Fund
Receipts and Interest '
Appropriation from Unexpended Balances
Total Available Revenue - Revenue Sharing Fund
Sinkinq Fund
Taxes
Interest on Investments in Securities
Total Available Funds - Sinking Fund
ITEM I I
EXPENSE
OPERATING AND CAPITAL EXPENSES
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General Fund
Legislative/Policy
Administrative/Executive
Municipal Court
Finance
Purchasing
Legal
Zoning (Planning & Adjustment)
Police
Fire
Inspection
Public Works, Engineering
Public Works, Street
Public Works, Sanitation-Collection
Public Works, Sanitation~SanitaryLandfill
Public Works, Recycling
Community Facilities
Community Services, Parks
Community Services, Recreation
Community Services, Senior Services
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Total General Fund Expenditure
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$ 57,251
-0-
$ 57,251
$ 165, 198
4,000
$ 169,198
$ 102,437
103,982
42,874
186,082
10,353
21 ,400
2,350
452,021
474,239
59,565
68,850
262,784
363,972
50,096
74,507
138,983
43,945
254,434
29,265
$2,742,139
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Health and Sanitation Fund UJ
Operating Expenses $ 49,916 I;
,j'
Capita 1 Outl ay -0- t
Total Health and Sanitation Fund Expenditure $ 49,916
WaterjSewerFund
Water $ 390,339
Inter-fund Transfer (General Fund) 122,550
Sewer 124,602
Sewage Treatment 186,788
Total Water/Sewer F~nd Expenditure $ 824,279
Revenue Sharinq Fund
Transfer to General Fund for Capital Expenditure $ 76,531
Total Revenue Sharing Fund Expenditure $ 76,531 0
Interest & Sinkina Fund
Principal & Interest $ 162,975
Fiscal Agent1s Fees 250
Total Interest & Sinking Fund Expenditure $ 163,225
TOTAL INCOME
TOTAL EXPENDITURE
$ 3,856,090
$ 3,856,090
Voting on proposed amendment to motion to approve Ordinance Number 1140 as amended.
Voting Aye: Ahrens
Rosenbaum
Voting No: Cole
Maneval
Horne
Voting on motion to approve Ordinance Number 1140 as read.
Voting Aye: Cole
Horne
Maneval
Voting No: Ahrens
Rosenbaum
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Motion by Commissioner Horne, seconded by Commissioner Maneval that the special
meeting of the City Commission on August 29, 1979, be adjourned at 7:46 p.m.
Voting Aye: Cole
Horne
Maneval
Voting No: Ahrens
Rosenbaum
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280
REGULAR CITY COMMISSION MEETING
September 1 0, '1979 '
The City Commission convened in regular session at the City Hall on Monday,
September 10, 1979, 7: 30 p. m., with the fo 11 owi ng members present: Mayor
Cole, presiding; Commissioners Ahrens, Maneval and Rosenbaum. The City
Attorney was 'also present. Commissioner Horne and the City Manager were
absent.
The Invocation was pronounced by Commissioner Rosenbaum.
MINUTES OF CITY COMMISSION MEETINGS: Minutes of the regular meeting of the
City Commission on August 27, 1979, were presented for consideration.
Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that
minutes of the regular meeting of the City Commission on August 27, 1979,
be corrected to indicate the attendance of twenty-eight residents at the
meeting, and approved as corrected.
Voting Aye: All
Voting No: None
Minutes of the special meeting of the City Commission on August 28, 1979,
were presented for consideration.
Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that
minutes of the special meeting of the City Commission on August 28, 1979,
be corrected to indicate the correct spelling of Mr. Charles Gillan1s
name and his belief that it was not equitable that 355 tax payers would
pay no tax at all, and approved as corrected.
Voting Aye: All
Voting No: None
HEARING OF RESIDENTS: Mr'. Al Shire, 2615 Barbara Lane, was advised that a
request had been made to Representative Brad Wright to seek an opinion
from the office of the Attorney General regarding the constitutionality
of two charter amendments approved by voters of the city in January
inasmuch as the city cannot get such opinion.
Mr. Ed Page, 3207 Cason, was advised that further consideration will be
given to the city's fence ordinance subsequent to receipt of reports and
recommendations from the Zoning and Planning Commission and the Zoning
Board of Adjustment.
In response to a request from Mrs. Margaret Hollowell, 4016 Swarthmo~e,
for permission to erect a sign in front of the City Hall advertising a
garage sale of children's clothes and toys on September 29th to raise
funds for playground equipment at Colonial Park, it was suggested that
the sign be placed on the corner of the West University Elementary School
grounds.
Mayor Cole advised Mrs. Hollowell that there had been some confusion re-
garding the location of a basketball court at Colonial Park and requested
that Director of Public Works David Eby inspect the backboard at Whitt
Johnson Park.
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ORDINANCE NUMBE~ 1141: Ordinance Nu~be~ 1141 was presented t9 th~ ~bmmission
and read in full:
Arf~;'ORDt-NANCE CALLING A PUBLIC HEARING 'AT'7):30 P.M.,
WEDNESDAY, OCTOBER 10; 1979,'TO tONSIDER'A~ REPORT
OF THE ZpNING AND PLANNING COMMISSION: RECOMMENDING
AN AMf:NDMENTTO ORDINANCE NUMBER 111 TO REZONE LOT
I, BLOCK 1, COLLEGEVIEW '3RD ADD1TION, FROM; A SINGLE
FAMILY DWELLING DISTRICT TO A TWO FAMILY DWELLING
DISTRICT; PROVIDING FOR A JOINT HEARING ON SAID DATE
BY THE CITY COMMISSION AND ZONING AND PLANNING COM-
MISSION; DIRECTING THAT NOTICt,OF SAID HEARING BE
GIVEN AS PROVIDED BY LAW; REQUIRING THAT A!COPY OF THE
REPORT OF THEZONING'AND PLANNING COMMISSION BE FILED
IN THE OFFICE OF THE CITY SECRETARY; AND PROVIDING
AN EFFECTIVE DATE. '
NOW, THEREFORE, BE IT ORDAiNED BY THE CITY'COMMISSION OF
THE CITY OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. That a public hearing shall be held at 7:30 p.m.,
, October 10, 1979, at the Community Building of the City or West University
Place, Texas, located at 6104 Auden, to coniider the report 'of the Zoning
and Planning Commission recommending that Zoning Ordinance Number 111 of
said City be amended to rezone Lot 1, Blockl,CoJJegeview 3rd Addition
from a Single Family Dwelling 'District to a Two FamilY Dwe11lirig District
in the City of West University Place. ' " ' ,
Section 2. ~hat such hearing shall be a joint hearing before
the City Commission and Zonin~and Planning Commissionbf said City.
Section 3. The' City Sed-'etary sha'll publ ish notice of such
hearing in the official paper of the City of, West University Place, Texas,
at least fifteen (15) days before the date of such hearing and in addition
thereto shall mail notice of such hearing 'to 'the owners of property lying
within 200 feet 'of any point of the above des~~ibed.lots;' sOch'owners shall
be determined according to the current tax roll of the City of West Univer-
sity Place, Texas, and the mailing of such notice shall be made at least
fi fteen (15) days prior to the time set for the hearing.
Section 4. A copy of the report of the Zoning and Planning
Commission shall be filed in the office of 'the City Secretary and shall be
available for inspection by any interested party.
'SectionS. ,This Ordinance shall take effect and be in force
from and after its passage and approval.
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, 1979.
PASSED AND APPROVED this
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Motion by Commissioner Maneval, seconded by Commissioner"Ahrens, that Ordinance
Number 1141 be approved as read. ' '
Voting Aye: Ahrens
Cole
Maneval
Voting No:, Rosenbaum
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282
DELIVERY OF WATER METERS AND FIRE HYDRANTS: "The Commissi on was advi sed that
Director of Public Works DavidEby had requested that this item, be deferred
in order to permit preparation of specifications and bid documents.
Motion by Commissioner Maneval, seconded 'by Commissioner Rosenbaum, that
the City Manager be authorized to advertise for bids for purchase of one
hundred (100) water meters and twenty (20) fire hydrants, with bids to be
received by the Ci'ty Commission on' October 8, 1979.
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Voting Aye: All'
Voting No: None
PURCHASE OF CHAIN' SAW' The Commission was presented a request from Fire Chief
Ben Wilcher for',the purchase of a chain saw for 'use of the Fire Department
when necessary after storms or severe weathe~.
Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that Fire
Chief Ben Wilcher be authorized to purchase a chain saw from Southwest
Hardware for the sum of $169.50.
Voting Aye: All
Voting No: None
LEGAl MATTFRS' 'City Attorney David Allums requested permission to brief the
Commission on a pending law suit following the regular meeting.
, ,
CITY MANAGER"S REPORT: In the absence of City Manager Jim Brown, Assistant
City Manager 'Richard Rockenbaugh'did not have any matters requiring the
attention of the City Commission.
CONCERNS OF 'THE CITY COMMISSION: Commissioner Rosenbaum stated that some months
'ago she' presented a letter from Mr. Arnold Smothers requesting the installa-
tion of signs at his residence noting that his wife was handicapped and
requested n~ parking in front of his home and to date no action had been
taken on the request~
Members of the Commi.ssion discussed a news release issued by City Manager
Jim Brown and City Treasurer Patrick O'Connor which appeared in the Surbura
Reporter addressing the public hearings and 'adoption of the 1980 budget.
Commissioner Ahrens requested that Mrs. Lockard be requested to contact all
boards and committees that have not been heard from by the Commission to de-
termine the chairperson of such group and to 'request that minutes of meetings
be forwarded to the Ci ty COnimi ssi on. '
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Commissioner Ahrens stated that he had been advised that a serious problem is
developing at the city's dog pound and that the City Manager's office be re-
quested to bring the area up to standard. Director of Pu~lic Works David Eby
stated that minor repairs were needed at the pound but it was not believed the
problem to be of a serious nature.
Commissioner ,Ahrens addressed the following as items that had been forwarded
to the City Manager's office, but to ,which no response had been made.
1) 'Statusaf auction for di.sposal of surplus city equipment.
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2)
the construction of a new wastewater
Status of Phase Two of the grant for
treatment facility.
3) Th ree-month ,w~'t'er u'sage i nforma t ion.
4)
Action taken to correct procedures and controls addressed in the
Management Letter received from Coopers & Lybrand following their"
audit of city records and accounts for 1978.
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5) Status of requests for utility rate increases filed by Southwestern Bell
Telephone Company and Houston Lighting & Power Company.
6) Target date for completion of ~ier Park tenrits courts.
7) How much of the $20,000 set aside for Judson and Wier Parks has been used.
8) Establishment ofa trust for Parks Fund. ' '
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The City Commission instructed that members of the Municipal Court. Zoning
and Planning Commission and Zoning Board of Adjustment be contacted in
'order to determine a,date planned for their reports to the City Commission.
Commissioner Rosenbaum advised the C'ommission that Dr. Chamberlain had
resigned as Chairman of the Council on Aging and that she would like to
recommend that Mr. Lloyd Flynt be appointed Chairman.,
Motion by Commissioner Rosenbaum, seconded by Commissioner Ahrens, that Mr.
Lloyd Flynt be appointed Chairman of the Council on Aging,.
Voting Aye: All
Voting No: None
Commissioner Ahrens stated that he was in disagreement with,a letter from
Clty Manager Jim Brown to members of the city staff advising that all contact
with members of the Commission be made through him. noting that it was his
belief that members of the Commission should be available to members of the
city staff and that staff members should be available to Commission members.
PLUMBING BOARD MINUTES: Minutes of the regular meeting of the Plumbing Board on
August 27, 1979, were presented to the Commission for their information.
ADJOURMENT: 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.
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ATTEST:
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REGULAR CITY COMMISSION MEETING
September 24, 1979
The City Commission convened in regular session at the City Hall on Monday, Septem-
ber 24, 1979, 7:30 p.m., ,with the following members present; Mayor ,Cole, presiding,
Commissioners ,Ahrens, Horne, Maneval and Rosenbaum. The City Attorney and City
Manager were a 1 so present. " , " , " .
The Invocation was, pronounced l?y Mayor Cole. "
MINUTES OF CITY COMMISSION MEETINGS: Minutes of a 'special meeting of the City Com-
mission on August 29, J979, and a r:egular meeting on September 10, 19.79, were
presented to theCommission for consideration.
Commissioner Ah~ens requlred that minutes of a special meeting of the City Com-
mission on August 29, 1979, be amended to reflect that his request for discus-
sion of $12,000 included l:n the 1980 Budget for capital "improvements in the
Health Fund had ,been overruled and that his proposal for ,two amendments had
also been overruled. '
Motion by'Commissioners Ahrens, seconded by Commissioner Horne, that minutes of
a special meeting on August.29, 1979, be approved as amended and minutes of the
regular meet; ng on September 10, 1979, be ap'proved as submitted.
Voting Aye: All
Voting No: None
RESOLUTION NUMBER 79-36: Resolution Number 79-36 was presented to the Commission
and read in full:
WHEREAS, on July 24,1961, Odis D. Gregg was appointed Superin-
tendent of the Sanitation Department of the City of West University
Place,.Texas; and
WHEREAS, Odis, Gregg has ,continued,to serve in that capacity until
the present time; and
WHEREAS, Odis Gregg has been call~d upon to perform various duties,
from,th6se of maintenance of equipment~ labor shortages, citizen complaints,
permit applications and requirements, operation of the city's sanitary
landfill site, and routine day-to-::day operation of the department; and
WHEREAS, as a direct result of his operation and maintenance of
the sanitary landfill, the City of West University Place has received
plaudits from the State Department of Public Health; and
WHEREAS, during all of his service, Odis Gregg performed his duty
and responsibility in such manner as to reflect credit upon himself, his
family and the city; and
WHEREAS, the City Commission desires to give recognition to Odis
Gregg for his long and faithful service to the City.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF WEST UN IVERS/}:, P.l~A~E, 'T~XAS: " >,,:,e;, '
Section I. That the C'ityof West University Place, Texas, act-
ing by and through its duly authorized City Commission hereby commends
Od1s Gregg for his distinguished service to the citizens of the city.
Section 2. .' That the City Commissfon, on behalf of the citizens
who know Odis Gregg, expresses its grateful appreciation to him for
his unselfish devotion to his duties arid for the manner in which b~
faithfully performs his responsibilities.
Section 3. That this Resolution be spread in full upon the
minutes of the City Commission 'and that the Mayor:,be, and he is here-
by authorized to deliver to Odis Gregg a true copy hereof, signed by
each member of the City Commission. '
PASSED AND APPROVED this
, 1979.
day of
Motion by Commissioner Ahrens, seconded by Co~missioner Rosenbaum, that Resolution
Number 79-36 be approved as read. '
, ,', ,
Voting Aye: All
Voting No: None
Mayor C61e'presentedMr. Gregg-with the original of Resolution Number 79-36 which
had been beautifully framed for the occasion.
HEARING OF RESIDENTS: Mr. Charles McMurray, 4235 Byron, advised the Commission that
it was his desire to bring to attention a memorandum addressed to City Manager
Jim Brown from Chief of Police Frank Robinson setting forth deficiencies in
the city1s jail facilities. Mr. McMurray enumerated deficiencies in provisions
for,sanitation and personal hygiene; dietary provisions for persons in~arcerated
in the faci 1 ity; 1 ack of observati on of pri soners ~ because of plywood coveri ng
over the cells; and the lack of medical facilities in event of a need. Mr.
McMurray stated that it was his recommendation that charges be filed in the
Justice of the Peace Court to permit incarceration in the county jail which was
equipped to properly care for prisoners.
City Manager Jim Brown stated that the question had been addressed by the City
Commission during its consideration of the 1980 budget and that funds had been
made available for necessary rehabilitation'of'the jail facility.
Mr. DuPree Holman, 3220 Sunset, advised the Commission that he had recently re-
ceived information that the house being constructed at 5502 Buffalo Speedway
as a single family residence was to be used as headquarters for the Delphian
Association for workshops, instruction, m~king items ,for sale and profit and
wolild maintain a'staff. Mr. Holman stated that slich use should be stopped by
the Commission. '
Ci ty Attorney Davi d All ums advised those in attendance that he had di rected a
letter to Bratten Construction, Inc:~builders of the house, with a: copy set
by certified mail to Dr. Mary Schlay~r who is the Director of the Delphian Asso-
ciation and reported to be the prosp~ctive occupant of the house, that such use
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,. was not in accordance 'with the provisions of the city's zoning ordinance and UliJ
would not be permitted. Mr. Allums further advised that such letter requested
that Mr. Bratten and Dr. SChlayer meet with him to discuss proposed use of the
house and that it'wa'shis hope that additional information would be available
prior to the end 'of 'the wee~.
Mr. Dan Taylor, 3215 Sunset, who stated that he lived next door to the house
under construction, was advised by City, Attorney David Allums that the only
option provided the city to prec'lude 'occupancy of the residence was that the
ordinance ,was specific regarding use of property in a single family district
and that the excepti ons to such use di d not 'i ncl ude use by ci vi c groups.
In response toa question from Mrs. Connie Boynton, 3029 'Sunset, Mr. Allums
stated 'that it is the burden of the city to 'prove non-compliance with provisions
of the Zoning Ordinance and that relief could be sought by filing suit in
District Court. '
In response to a question from Mrs. Jean Smith, 2719 Nottingham, regarding the
status of garage apartments, Mr. All urns advised that the city was enforcing
the prohibition of garage apartment occupancy with generally good response.
Mr. Allums also noted that the Zoning and Planning Commission had scheduled
a public hearing to provide residents an opportunity to express their views on
garage apartments within the city.
Mr. Gilmer Huston, 5512 Buffalo Speedway, stated that he concurred with Mr.
Holman and Mr. Taylor and believed that the residence at 5502 Buffalo should
not be occupied.
Mr. Whitt Johnson, 3216 Nottingham, stated that the violation 'of the city's zon-
ing ordinance was currently in effect at Carnegie and Buffalo and should be
stopped ptior'to a move into the residence at 5502,Buffalo. Mr. Johnson further
stated that the Building Inspector is 'charged with enforcement of the city's
zoning ordinance. Mr. Johnson stated that 'failure to issue a Certification of
Occupancy by the Building Inspector could prevent anyone from moving into the
residence.
Mr. Paul Wallin, 3311 Albans Road, stated that he'had only recently been advised
of the proposed use of the dwelling at 5502 Buffalo Speedway; that he knew the
owner of the property at 6546 Buffalo Speedway, who had requested that such pro-
perty be vacated; and that he understood that parking was'a major problem when
meetings were held at the residence;
Mr. Wallin noted that the number of old automobiles stored on residential pro-
perty was increasing calling special attention to the property at Sunset and
Cason where he had observed eight cars.
In response to a request by Mr. Whitt Johnson, Mayor Cole read the following
letter addressed to Bratten Construction Company by City Attorney David Allums:
lilt has 'come to my attention that a potential problem may exist re-
garding the house you are building at the above address.
As you are aware, the lot on which the construction is progressing is
zoned for a single family dwelling and the permit from the City was
issued only for that purpose.
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The City has been informed that the facility under constructi,on is to
be used as an office for the Delphian organization. Assuming this to
be true,<then thi;s use is ,prohil?ited 'by the City's zoningdordinance.
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As owner of the property, please be advised that this letter is your
notice that such violation will not be permitted by the City and ap-
propriate actions will be taken to prevent such unauthorized use.
By copy of this letter, I am notifying the Regional Director of the
Delphian organization, Dr. Mary Elizabeth Schlayer, of the City's
concern.
The City Manager, Building Inspector and I will be happy to meet with
you next week to discuss the matter. Please contact me at 224~6574 to
arrange a meeting.1I
Following further 'conversation regarding the construction, Mayor Cole advised
those in attendance that he would pursue the matter under any means available
to the city and would be happy to further discuss the matter with anyone in-
terested.
Mrs. Joan McCay, 3029 Carnegie, that the Humane Officer is an employee of the
Health Department, paid from the Health Department budget, but transferred to
the Police Department. She noted that the Humane Officer was one of the better
around, that he had done considerable' work building dogcagesr:and had now been
disciplined according to Police Department rules, and that inasmuch as the Per-
sonnel Policies and Procedure Manual had not been published and distributed to
city employees 'she would like to see this employee reinstated.
MR. & MRS. PHILIP GUY: Thi s i tern was deferred to an executi ve session fo 11 owi ng the
regular meeting of the Commission subsequent to notice that such item possibly
involved litigation.
MUNICIPAL COURT ASSOCIATES: The Commission was advised that in accordance with the
provision of the City Charter it was necessary that Associate Judges and Prose-
cutors of the Municipal Court be considered for reappointment.
Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that Michael
Schneider and Terry Collins be reappointed as Associate Municipal Court Judges
and that Thomas Taylor and Betsy Rice Coleman be reappointed as Associate Prose-
cutors of the Municipal Court for an additional sixty (60) day period.
Voting Aye: All
, Voting No: None
WIER PARK TENNIS COURTS: The Commission was presented a request to advertise for bids
for installation of approximately 135' of ten foot, nine gauge fence for the Wier
Park tennis courts and the re~surfacing of such courts:
Motion by Commissioner Maneval , seconded:by Commissioner Horne, that the City
Manager be authorized to advertise for bids for installation of approximately
135' of ten foot fence and the re-surfacing of Wier Park tennis courts, with
bids to be received by the City Commission on October '22, 1979.
Voting Aye: ' All
Voting No: None'
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RESOLUTION NUMBER 79~3i: Resolution Number 79-37 was ,presented to the Commission
and read in full:
< WHEREAS, Mr. David G. All urns has been appointed and is serving
as City A.ttorney; and
WHEREAS, bY'prior resolution, the City Commission established a
monthly retainer of $200.00 per month as partial payment for services
rendered; and,
WHEREAS, after consideration by the City Commission" it is found
that a more equitable retainer amount of $1,000.00 per month is appro-
priate for such ,se~vices by the City ,At~orney.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS: '
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Sectiori 1. 'That David G. Allums shall receiv~ as compensation for
his duties as City Attorney a monthly retainer of $1,000.00 per month,
and shall charge the city at the rate of $40.00 per hour for all chargeable
time for performing legal services for the city. Said $1,000.00 monthly
retainer fe~ is to be credited against the total time charged.
Section 2. That the monthly retainer payment of $1,000 shall
be effective October 1,1979, and each month thereafter. Said amount
shall be paid directly in full' without 'withholding or FICA deductions
by the city. '
Section '3. That effective January 1, 1980, said hour rate shall
be increased to $50.00 per hour for all chargeable time for performing
lega1 services for the city. '
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PASSED AND APPROVED thi s
day of
, 1979 ~
Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that Resolution
Number 79-37 be approved as read.
Voting Aye: All
Voting No: None
LEGAL MATTERS: In <'response to a question from Mr. Dan Doughty ,3840 Byron, regard-
ing the status of a suit filed against the city by Paul McDonald, 5426 Buffalo
Speedway, 'Mr. Allums stated that he and Attorney Wynne Campbell were both ready
to go to trial but that he preferred to wait until the City Commission had
studied recommendations to be received from the Zoning and Planning Commission
and Zoning Board of Adjustment to determine if any changes are to be made that
might aff~~t the suit., '
CITY MANAGER'S RFPORT' City Manager Jim Brown advised theCommission,that he had
some material to be passed out but that to expedite the meeting he would do so
during the executiY~'ses~ion scheduled' after. the regular meeting.
CONCERN'S OF THE CITY COMMISSION' ' In response to a question from Commissioner Ahrens lit!!,']
regarding a request he had made at the previous'meeting of the Commission on
the status of various projects, Mr. Brown advised that he was unprepared to ad-
dress the questions at this time but would furnish the Commission a report prior
to the end of the week.
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Mayor Cole advised the Commission that during attendance at a barbeque
sponsored by the lo'cal association o'f the American WaterWorks Asso'cia-
tion he had met three tontrac.tor:s: who advi s'ed that now was an ideal time to
take bids for the drill;;ih.g-o,f.theproposed new water well~:. j"
BOARD AND COMMITTEE MINUTES: Minutes of meetings of the following Boards and Com-
mitteeswere presented to the Commission for their information: Parks and
Recreation Board meeting on August 28, 1979; Zoning and Planning Commission'
meetings on. September 13th and September 20th; and the Electrical Board
meeting on September 17th. '.
ANNOUNCEMENTS: Mayor Cole announced that a public hearing will be held to consider
bicycle lanes on Wednesday, September 26th and that on Thursday, September 27th
a joint meeting wi:ll be held with the Bellaire City Council to further discuss
a proposed solid waste transfer station. '
ADJOURNMENT: With no further business to come before the City Commission at this
time, upon motion duly made, seconded and carried, the meeting adjourned at
9:38 p;m.
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SPECIAL CITY COMMISSION MEETING
September 26, 1979
The City Commission>convened in special session at the Community Bui:ldirig on Wednes-
day, September 26, 1979, 7:30 p.m. ,with the following members present: Mayor Cole,
presiding; Commissioners Ahrens, Horne and Rosenbaum. The City Manager was also
present. Commissioner Maneval and,the City Attorney were absent.
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Mayor Cole announced to those in attendance that the purpose of the special meeting
was to consider proposed bicycle/safety lanes to provide a safe place for use of
bicycle riders and joggers with an attempt being made, with the assistance of a
Bicycle Safety Committee at West University Elementary School, to correct an ordinane
that had previously been amended three times.
Mayor Cole noted that item number two on the agenda was for consideration of creating
"no parking" zones along the des'ignatedbicycle lanes and setting of hours for such
prohibition, with item number three being consideration of setting penalties or fines
for violation of the parking prohibition.
Commissioner Horne requested that consideration be given to each of the items as
they appear on the agenda without regard one to the other, noting that the tenative
outline of the proposed bicycle/safety lanes was designed to serve as a collection
system north/south of University and east/west of Rice Boulevard.
Commissioner Ahrens noted that the maps that had been prepared and distributed were
in error in some areas and requested that corrections be made in order that consider-
ation could be given to the proposal to provide safe routes for children to get back
and forth to school. r~
Mrs. Thomas Lee, 3516 Rice Boulevard, stated that she was opposed to the location ~
of a bicycle lane in front of her residence because the street was too narrow
for cars and a bicycle lane and that she was definitely opposed to any provision
that would prevent her guests from parking in front of her home.
Mr. Richard Ayres, 2723 University Boulevard, stated that bicycle lanes should
benefit any person from six to sixty that ride bicycles and not be planned only
as a means for children to get to arid from school. Mr. Ayres further stated that
riders should be educated to obey traffic rules and that prohibition of parking in
the bicycle lanes would deny property owners use of property on which they paid
taxes, and that he would be opposed to any such prohibition.
Mr. Glenn Vallance, 4105 University Boulevard, stated that he was not against
bicycle lanes, but that it was hfs opinion that the lanes caused riders to disregard
safety rules, suggesting that proper education would be helpful. Mr. Vallance stated
that consideration of no parking in the bicycle lanes srould provide for specific
hours during which such prohibition would be in effect.
Mr. Patrick Rowles, 3512 Rice Boulevard, stated that Tangley Street could be substi-
tuted for Rice Boulevard which was the second busiest street in the city and that
with the installation of a traffic light at Tangley and Buffalo school children could
cross Buffalo and proceed west to the foot bridge over Poor F.arm Ditch and down Edloe
to Rice where there was a school crossing guard.
Mr. N. C. Mattocks, 6612 Mercer, stated that he had counted only eight bicycles from
Bellaire to University on Mercer Street and that inasmuch as Mercer was a race
track most of the time he thought a bicycle lane on the west side would be dangerous,
especially since children that rode bicycles did not always use lanes even when avail-
able.
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Mrs. R. M. Williams, 6622 Mercer, stated that children should be taught to obey
traffic laws and that they should not be using bicycle lanes that were not de-
signed with the flow of traffic. Mrs; Williams suggested that an article in the
City Currents urging jogger~ t~ U$e leg lights in order that motorists could see
them might be beneficial.
291
Dr. Peters, 6512 Vanderbilt, stated that he did not believe it necessary to des1g-
nate bicycle lanes and prohibit parking in them inasmuch as most of the children
used the middle of the street. Dr. Peters further stated that" residents should be"
made more conscious of bicycle lanes if used and he believed parking prohibitions
would lead to,dissention among residents.
Mrs. Molly Gwinn, 3009 Rice Boulevard, President of the West Univetsity'Elementary
School P.T.A., stated that the primary consideration in designating the lanes as
proposed was to provide me~ns by which children-could get to and from school in
safety. Mrs. Gwinn stated that University Boulevard was' chosen as location for
a bicycle lane because'of its width and surface, noting that Rice was bumpy and
narrow and that she thought Tangley a good alternate route. Mrs. Gwinn also stated
that children need to be taught the rules of the road and how to ride their bicycles
safely.
Mr. R. A. Higley, 3004 Rice, stated that bicycle lanes would serve no purpose if
riders had to dodge cars that were parked in them and that it was his belief that
if lanes are designated parking restrictions should be imposed and that he, too,
thought an alternate should be found to the use of Rice Boulevard.
Mr. T. T. LaRue, 6537 Mercer, stated that creation of a bicycle lane on Mercer would
do nothing to enhance the safety of children because the street was a race track and
that he was opposed to the restrictions on ,parking'because he would not want to
park in front of his neighbor's house nor would he want his neighbor parking in front
of his house.
Mr. Joel Collins, 6515 Mercer, stated that the emphasis was on protecting children
going to and from school and that the condition of the 6500 and 6600 blocks of
Mercer Street were, in his judgment, more than a child could handle. He also~ated
that he Was concerned about the ability of children to ride bicycles on a street
where speed1ng traffic was very bad.
Mr. Mike Brown, 3124 Rice, stated that he was not oppo~ed to a bicycle lane'in front
of his home, but'that he was very concerned about children crossing Buffalo Speedway
at Rice Boulevard where there is a jog in"the street and if a lane is designated
using that intersection consideration should be given to the installation of a "nO
right turn on red" signal. Mr. Brown further stated that he was concerned about
bicycle lanes giving children a false sense of security.
Mr. John McKinney, 2707 University, stated:that he was opposed to not being able
to park in front of his house and he does not feel there is that much bicycle
traffic in the area.
Mr. Thomas Wylie, 6338 Mercer, stated that he had no objections to the bicycle lanes
if they were made workable and the only way he saw to accomplish that was to pro-
vide no parking during certain periods of time in the morning and evening. Mr.
Wylie requested that the City Commission give consideration to the installation of
another stop light at University and Edloe since the blinking 1 ight does not stop
traffic. Mr. Wylie requested that if bicycle lanes are approved with parking pro-
hibitions the City Commission should give consideration to use of a side street
with lanes going with the flow of traffic.
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Mrs. Edna Burgen, 6533 Mercer, stated that when her children were in school members
of the Police Department'helped to see that they crossed streets safely at busy
intersections. Mrs. Burgen further stated:that she was opposed to bicycle lanes [I
only on one side of the street because it was difficult to teach ch'ildren to ride IIU~-
one way in West University and another way somewhere else and that she was also
opposed to prohibiting parking in the bicycle lanes because some residents had
no other place to park as many automobiles as required by members of their family.
Mrs. Burgen suggested thatsigns'be!plac~d at city ent~ances noting that it was a
city of jogge'rs and bicycle::idersto'ii1akepeople,awC3re~
Mr. Scott Marks, 6424 Mercer, suggested that the creation of Independence Park be
reactivated in order to provide a safe place for bicycle riders or if bicycle
lanes were created on stteetsthat 'p~rking not be pr6hibited because there is very
little parking permitted'on fifty foo't lots and'location of a fire plug on the
property makes it ~ven less~' M~:Marksstated th~t consideratibn should be given
to the installation of flexible pipe or som~'obs't~uction to keep motorists out of
the bicycle lane at the intersection of University and Kirby to prevent automobiles
driving in the lane.
Mr. Robert Miller, 4207 University, stated that he was sure University Boulevard
had been chosen for a bicycle lane because it was a wide street, but that careful
consideration should be given to tne intersection of Academy and University and the
blocks that were 'riarrow:~;
Mr. Lloyd Flynt, 3606 Rice, called attention of the Commission to a prohibition
in the City of Souths ide to prevent on~street parking between the hours of 2:00
a.m~ and 9:00 a.m.~suggesting that such a prohibition might solve some of the
problems encountered with students on bicycles g0ing to school in the mornings.
Mrs. Marlene Ghampi6n, 3832 Sputhwestern,noted that it was impossible tO'please
everyone and suggested that the'no parking provisions be applied only around the
school itself. To a suggestion that additional school crossing guards were needed
Mrs. Champion stated tnat this could easily be handled by the PTA and VIPS on a
volunteer basis if properly organized.
Mayor Cole~ascertained that all those present had expressed their concerns and
desires on the proposed bicycle lanes. With no. further business to come before
the Commission at this time, upon motion duly made, seconded and carried, the
meeting adjourned at 10:15 p.m.
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REGULAR CITY COMMISSION MEETING
October 8, 1979
The City Commission ~onvened in r~gular ~ession at the Ci~yHallon Monday, October 8,
1979, 7:30 p.m., with the following members present: Mayor Cole, presiding; Commis-
sioners Ahrens, Horne, Maneval and Rosenbaum. The City Attorney and City Manager
were also present.
The Invocation was pr'bnounced by Commissioner Ahrens'.
MINUTES OF CITY COMMISSION MEETINGS: Minutes of the regular meeting of the City Com-
mission on September 24, 1979, and a special meeting on September 26, 1979, were
presented to the Commission for consideration.
Motion by Commis~ioner Horne, seconded by Commissioner Rosenbaum, that minutes
of the regular meeting of the City Commis-sion on September 24, 1979, and a
special meeting on September 26, 1979, be approveCIas submitted.
Voting Aye: All
Voting No: None
HEARING OFRESIDENT$: Mr. W. L. Partridge, 4040 Ruskin, ~tated, that he gathered re-
cycling material from his neighborhood and thought 'the' program woul!d benefit
from the appointment of "block" captains to work in each area of the city.
Mr. Theodore Bezzerides, 3409 Georgetown, requested that the Commission give con-
sideration to the installation of Ilstop') signs on Georgetown, between Buffalo
Speedway and Poor Farm Ditch, noting that twenty-seven small children live in
the area~with a number of them being 1 ittle boys learning"~o ride bicycles. Mr.
Bezzerides stated that the street is, used a~ a ~ut-thro~gh so motorists don't
have to stop and has now taken on an atmosphere of a thoroughfare. Mr. Bez-
zerides presented Mayor Cole a petition signed by re~idents of the 3300, 3400,
3500 and 3600 blocks of Georgetown requesting installation of the stop signs.
Mr. Larry Kelly, 3319 Georgetown, stated that he was in'agreemerit with Mr. Bez-
zerides and wanted to urge consideration of .the installation of the stop signs.
City Manager Jim Brown advised that there ';"'ould be a lot of work required prior
to a response to the petition, including a letter to the Texas Department of High-
ways for permission to amend the city's traffic plan inasmuch as the city is under
the provisions of a uniform traffic code, but that the required work would begin
immediately.
Commissioner Horne requested that Centenary and Annapolis Streets be included in
the study along with the north orie-halfof Belmont. ' In response to a request by
Commissioner Rosenbaum that Mercer from University to Bellaire be included in
the study, Mr. Brown responded that the Pol ice: Department had increased enforce-
ment in that particular area.'
Mr. Joe Spratlin, 2811 Cason~ stated that he had a very large yard surrounded by
a six (61) foot chain link fence and that his large labrador retriever climbs up
and jumps over the fence. Mr. Spratlin requested assistance from the Commission
in adding a two (21) foot section to the top of his fence. Mayor Cole advised
Mr. Spratlin that members of the Commissioh'werewaiting for recommendations from
the Zoning and Planning Commission, one of which'was to be a study on fence con-
struction and that he would be advised when such information was available.
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Mr. J. D. Woodson, 3835 Tennyso~, requested that College Street be added tq the
streets that were to be studied inamsuch as it is also use? as a sp~edway.
Mrs. Margaret Hollowel'l, 4120 Swarthmore, advised the Commission that the
garage sale held for purchase of playground equipment at Colonial Park had
raised the sum of $125.00 which she delivered to the City Secretary. Mrs~
Hollowell requested information regarding the possible sale of Christmas
ornaments door-to-door to raise additional funds and was advised that this
was against the city's soliciting ordinance, but that ,chun::h bazaars would
probably provide space for her use and that she might check with JMH stores
as a possible: site for ~uch sales.
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Mr. Tom Browder, 6352 Buffalo Speedway, was'advised that no response had been
received from the office of the Attorney General regarding the tax proposi-
tions voted on by citizens.' Mr. A1 Shire ~tatedthat he waS advised in his
first conversation with the Attorney General 'soffice that such request had
been received from the City of Houston, but not from \.Jest University, however,
he had been advised during his second call that it had been received but that
the Attorney General had not seen it. City Attorney David Allums stated he
had been advised that it would take from six to eight weeks to receive an
opinion. Mr. Allums was instructed by the Commission to follow up on the
status of such opinion with Representative Brad Wright.
RESOLUTION NUMBER 79-38: Resolution Number 79-38 was presented to the Commission and
read in full:
A RESOLUTION AUTHORIZING THE CHIEF' OF POLICE TO ENTER
INTO'AMUTUAL AID LAW ENFORCEMENT AGREEMENT WITH: OTHER
MUN I CI PALlT I ES IN HARR I S COUNTY, TEXAS PURSUANT TO THE
PROVISIONS OF ARTICLE 999b, V.T;C.S."AND MAKING CER-
TAIN FINDINGS RELATED TO THAT SUBJECT
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WHEREAS, Article 999b, Tex. Rev. Civ. Stat. Ann., authorizes a
county or municipality by resolution of its governing body to enter into
an agreement with any neighboring municipality or contiguous county for
the formation of a mutual aid law enforcement task force to cooperate
'in the investigation of criminal activity and enforcement of the laws
of this State; and
WHEREAS, the City of West University Place, Texas, has on occasion
requested the assistance of various police departments in sister cities and
the West University Place Police Department has similarly been requested
'by othe~po1ice departments for the purpose of assistance with apprehension,
investigation and other'matters in police related functions; and
WHEREASj it is the opinion of the City Commission of the City
of West University Place that the best interests as well as the general
safety and welfare of the residents of the City of West University Place
will be 'served by the execution of such a mutual aid law enforcement agree-
ment.
NOW, THER~FORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF:WEST UNIVERSITY PLACE, TEXAS:
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Section 1. That the Chief of Police is hereby authorized to
enter into a mutual aid law enforcement ,agreement with other municipalities'
police departments for the purpose of providing and receiving assistance
when required pursuant to the terms and conditions of Article 999b, Tex.
Rev. Civ. Stat. Ann.
Section 2. That such mutual assistance may be furnished without
undly impairing the capability of the West University Place Police Depart-
ment to accomplish its usual and customary responsibilities within the
City of West University Place.
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Section 3. That the agreement authoriied by this resolution
shall become effective when executed by the Police Chief in behalf of
the city.
day of
, 1979.
PASSED AND APPROVED this
Motion by Commissioner Horne, seconded by Commissioner Ahrens, that Resolution
Number 79-38 be approved as read.
Voting Aye: All
Voting No: None
WATER METERS AND FIRE HYDRANTS BIDS: in accordance with previous instructions of the
City Commission; bids received for delivery of 100 water meters and 20 fire hy-
drants were opened and results announced as follows:
Bidder Water Meters Fi're Hydrants
0
Rohan Company $ 34.49 each $ 431 .90 each
Utility Supply 33.89 390.00
Western Pipe 35.00 (4.00 trade) 385.00
Rockewe 11 Meter 36.00 (4.00 trade) No'Bid
Motion by Commissioner Ahrens, seconded by Commissioner Horne, that bids received
for delivery of water~~ter~ and firehydrarits be referred t6:the rrirectorof
Public Works for analysis and tabulation with a retommendation"fo'r purchase to
be presented to the Commission in special session on Octob'erlO, 1979.
Vot i ng Aye: All
, Voting No: None
LEGAL SERVICES: An invoice in the amount of $4,684.10 submitted by City Attorney
David Allums for legal services rendered durin9 the months of July, August and
September was: presented to the Commission for consideration.
Motion by Commissioner Horne, seconded by Commissioner Maneval, that the City
Commission approve p~ymerit to City Attorney, David Allums in the amount of
$4,684.10 for legal services rendered dufing the months of July, August and
September.
Voting Aye: All
Voting No~ None
o
APPOINTMENT OF C.P.A. F'lRM: 'The Commissioriwaspresenteda recommendation from City
Treasurer Patrick O'Connor for employment:of:the firm,of .Coopers & Lybrand to
audit the city's records; books and accounts 'for the fiscal year ending Decem-
ner 31, 1979 based on sucn firm's:excellent past performance records and submis-
sion of a complete Management Report.
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Motion by Commissioner Horne,. seconded by.Col11missioner'Maneval, that the firm
of Coopers & Lybrand be employed as audjtorlof the city1s records and accounts
for 1979 at theirquoted:price of $7,000.
Vot i ng Aye: All
Voting No: None
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LEGAL MATTERS: .,City Attorney David Allums stated that the attorney i'n the suit styled
Ash vsCity of West University Place which was scheduled 'for trial next week, had
advisedthat'such,;suit ,was passed" a.nd ,that a ,suit filed by Bruce Dohendorf vs
the city had been dismissed.
CITY MANAGER'S REPORT: City Manager Jim Brown presented the following invoices for
cons i dera:t i'on ,by the ,Comm i 5S i-on:
McKinnon Services - $1,366.00. This charge represents fees for pickup of re-
cycl ing materials and trash removed by.McKi'nnon.
Burroughs Corporation - $850.00 representing monthly rental on computer equipment.
Dictaphone - $561.30 for purchase of recording tape used by the Police Department.
,Gulf Oil Corporation - $4,833.09 for pur~hase of 6,000 gallons of unleaded gas.
NCR - $758.25 second month's rental on data processing equipment.
Motion by Commissioner Ahrens, seconded by Commissioner Horne, that invoices sub-
mitted by the:-CityManager be approved for payment.
Voting Aye: All
Voting No: None
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Mr. Brown advised the Commirssion that an application had been received for the
position of , City Manager from a young man from Pennsylvania who read of the
opening in the Houston Chronicle.
CONCERNS OF:THE CITY COMMISSION: City Attorney David Allums .advisedCommissioner Horne
that Mr. VernonG. Bratten, Jr. 'and Mrs. Mary El izabeth Schlayr Cardeza had ex-
ecuted,an affidavit that tbe.new residence being constructed ,at. 5502 Buffalo Speed-
way would be used only as a single family residence and in no way used by the
Delphian Society, with such affidavit being filed of record in the Harris County
Deed Records.
Commissioner Maneval requested that Concerns of the City Commission be placed as
Item #3 on the City:Comniission agenda in.orderlthatpersons in attendance might
be aware of such concerns.
CommissionerlAhrens advised ,that there was a penalty involved for failure to
adhere to the' 760 thermostat setti'ng imposed by the federal government and was
advised by the City Manager that a statement had been forwarded to all depart-
ment heads regarding the regulation. Mr. Brown was requested to furnish members
of the Commission copies of the statement.
Commissioner Rosenbaum ,stated~that the'Mealsite Program wi 11 be continued at W
the Faith LutheranChurth until the end"Qf November~ and that consideration
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of the Commission should be given to the possibility of paying some of the F
utility bills in event another meeting place is located.
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BOARD AND COMMITTEE MINUTES: Minutes of the regular meeting of the Zoning Board
of Adjustment on September 19, 1979 and the Ambulance Advisory Committee on
September 24, 1979, were presented to the Commission for their information.
297
ADJOURNMENT: With no further business to come before the Commission at this time,
upon motion duly made, seconded and carried, the meeting adjourned at 9:00 p.m.
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ATTEST:
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City Secretary
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SPECIAL CITY COMMISSION MEETING
October 10, 1979
.~l, The City Commission convened in special session at the Community Building, 6104
.,1, Auden Street, on Wednesday, October 10, 1979, 7:30 p.m., with the following mem-
bers present: Mayor Cole, presiding; Commissioners Ahrens, Horne and Maneval.
The City Attorney and City Manager were also present. Commissioner Rosenbaum
was absent.
Mayor Cole advised those in attendance that there were two items of business
that the Commission would consider prior to opening the public hearing which
had been called for this date and hour to consider a recommendation of the Zon-
ing and Planning Commission that Lot 1, Block 1, Co11egeview 3rd Addition be
rezoned from a Single Family Dwelling District to a Two-Family Dwelling District.
The Commission was presented the following tabulation of bids received for de-
l ivery of 100 5/811 X 3/411 water meters and 20 fi re hydrants, together wi th a
recommendation for purchase from Director of Public Works David Eby.
The following is the bid tabulation for 100 water meters, size 5/811
x 3/411, in order of low to high bid:
Utility Supply
Rohan Supply
Western Pipe & Supply
Rockwe 11 I nternat i ona 1
$ 33.89 each
34.49 each
35.00 each
36.00 each
[]
The following is the bid tabulation for twenty (20) fire hydrants
in order of low to high bid.
Western Pipe & Supply
Utility Supply
Rohan Supply
$385.00 each
390.00 each
431.90 each
I am recommending that the Commission award the contract to Utility Supply
for the water meters based on~'tbeir low bid price of $33.89 each. I do
not wish to consider the trade-in price at this time as being pertinent
to the bid price due to the possible escalation of the value of used meters.
I further recommend that the Commission award the contract to Utility Supply
for the fire hydrants at the bid price of $390.00 each. I am recommending
this over the low bid price due to the fact that our repair parts and re-
placement parts are all for Mueller fire hydrants and that is the only kind
that have been installed for a number of years.
Motion by Commissioner Maneval, seconded by Commissioner Horne, that the City
Commission accept the recommendation of Director of Publfc Works David Eby, and
100 3/811 x 3/411 water meters and 20 fire hydrants be purchased from Utility Sup-
ply Company.
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Voting Aye: All
Voting No: None
The Commission was advised that consideration should be given to the nomination
of members to serve on the Board of Directors of the newly created Harris County
Tax Appraisal District inasmuch as such nominations must be filed with the County
Clerk prior to October 15, 1979.
2
Motion by Commissioner Horne, seconded by Commissioner Ahrens, that consideration
of nomination to the Board of Directors to the Harris County Tax Appraisal District
be postponed until the conclusion of the public hearing which had been called at
this time.
Voting Aye: All
Voting No: None
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Mayor Cole introduced himself to those in attendance, giving his residence in the
City as 3523 Robinhood, followed by each member of the City Commission.
Mayor Cole introduced Zoning and Planning Commission Chairman Michael Casey and
invited him to review the actions taken by and recommendation::for the rezoning
of Lot 1, Block 1, Collegeview 3rd Addition.
Mr. Casey introduced himself and identified his residence in the city as 3115 Duke,
followed by members of the Zoning and Planning Commission in attendance, Mr. Abell
and Mr. LaCook.
Mr. Casey reviewed action taken by and recommendations of the Zoning and Planning
Commission as follows:
The Zoning and Planning Commission received an application from Leo J.
Rubenstein, the owner of Lot 1, Block 1, Collegeview 3rd Addition, to
rezone from a Single Family Dwelling District to a Townhouse District.
Subsequent to a Public Hearing held on March 13, 1979, it appeared that
the majority of property owners on Sunset were not opposed to a Townhouse
Dwelling District on subject lot if they had the opportunity td also re-
zone for townhouses.
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A public hearing was held on April 10, 1979. At a special meeting on
April 28, 1979, a Preliminary Report was prepared for submission to
the City Commission recommending that the lot be rezoned as a Townhouse/
Clusterhouse/Patio Home Dwelling District or a Single Family Dwelling
District with variances granted for minimum lot size and setbacks and
that a maximum of two units be constructed in the District.
Mr. Casey pointed out that a report of the Zoning and Planning Commission
to the City Commission on March 11, 1974 recommended that this unique
lot be purchased by the city and developed as a visual park, however,
no action was taken by the city.
Mr. Casey stated that it was the recommendation of the Zoning and Plan-
ning Commission to the City Commission that Lot 1, Block r, Collegeview
Third Addition be rezoned from a Single Family Dwelling District to a
Two Family Dwelling District under all of the provisions contained in
Ordinance Number 1025 which governs townhouse construction within the city.
Following Mr. Casey's review, Mayor Cole stated that the Public Hearing would now be
held for consideration of the recommendation and final report of the Zoning and Plan-
ning Commission.
Motion by Commissioner Ahrens, seconded by Commissioner Horne, that the
by the City Commission be opened.
pub Ii c hear i ng fi1
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Vot i ng Aye: All
Voting No: None
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Motion by Mr. Abell, seconded by Mr. LaCook, that the pub~ic hearing by the Zoning
and Planning Commission be opened.
Voting Aye: All
Voting No: None
Mayor Cole ascerta,ined from the secretary that legal notice of the pub11c hearing
had been published in the Surburbia-Reporter on September 19, 1979, and that notices
to all property owners within 200 feet of the property were dated on September 19,
1979.
Mayor Cole requested that City Attorney ,David Allums determine that all legal re-
quirements in connection w-i'th the publichearingr had been complied with.
Mr. Allums reported that upon instruction of the City Commission Ordinance Number
1141 had been prepared calling the public hearing and subsequent to its approval
by the' Commission and publication of required legal noti-ce all legal requirements
had been complied with and the public hearing could proceed. Mr. Allums directed
attention of the Commission to the fact that inasmuch as a report had been filed by
the Zoning and Planning Commission and a protest petition had not been filed by
twenty percent of adjacent property owners, that only a simple majority (3/5) of
the Commission was required to either amend the ordinance or reject recommendations
of the Zoning and Planning Commission.
Mayor Cole administered the oath toall those persons in attendance desiring to speak
during the public hearing.
Mr. Jim Harris stated that he was trying to purchase the property that was in question
and that it was his desire to answer any questions that anyone might care to direct
to his attention.
Mr. Leo Howard, 3782,Notti,ngham, stated that the letter he had received was not
clear and that he did 'not bel ieve there was another area in the city where two
families occupied the, same residence and that he was opposed to a two-family: district
being created adjacent to his home. Mr. Howard also stated that at a pr:e~ious hear-
ing held by the Zoning and Planning Commission he had addressed ,the question of
adequate sewer facilities and had been advised that any up-sizing of the sewer would
be the concern of the:builder.
Following an explanation that the recommendation was for the construction of two
homes on the property rather than occupancy of one dwelling by two families, Mr.
Howard withdrew his objections.
Mr. Ed Sutton, 5510 Auden, stated that he had lived in West University most of his
life and that in~other areas he had seen multi-family dwellings deteriorate and
lower adjacent property values.
Mr. Casey stated that any construction on the property,cwbether rezoned or not,
would have to conform to all codes, ordinances and regulations of the city and
be approved by the Building Inspector. Mr. Casey pointed out that this particular
lot is unique because of its size and location; that the zoning ordinance requires
a 5,000 square foot building site within the city; that the original request was
for the building of three townhouses on the site whereas the recommendation of the
Zoning and Planning Commission was for only two; and that a city engineer had stated
that sewer service to the site could be added without over-loading the- system or
creating problems for adjacent property owners.
4
Mr. Sid Boynton, 5506 Auden, stated that he 'owned' a 162' X 60' lot adjacent to
the property being considered and that the sewage and drainage in the area are
not very good at the present time. In response to a concern by Mr. Boynton
about fire hazard, Mr. Casey stated that townhouse construction required a
4-hour fire rating construction and Mr. LaCook stated that rezoning for a town-
house d'istrict would put the proposed new construction in a special f'ire zone.
Ms;.Joan McCay, 3029 Carnegie, stated that she was, opposed to the rezoning and
construction of utilities at a cost to the city and taxpayers until the present
lines are repaired.
; ,
Mr. C. H. Hatal~n, 3809Sunset,c~11ed attention to ~n article whith'appearedih
the Suburbia-Reporter regarding Commissioner Rosenbaum being advised by the City
Attorney not to attend the public hearing. Subsequent to being advised that Mrs.
Rosenbaum was out of the city, Mr. Hotalen stated that he was opposed to rezoning
of the property for th~ Sam~1 reason' as ev~ryohe else'waS. Mr. Hota}~h' asked if the
city did not have the money to repair old sewer lines where were funds to tome from
for the installation of new lines to the proposed project, and was advised that
plans included rehabilitation of existing sewer lines.
Responses to Commissioner Horne's question regarding attendance at the hearing being
only eleven people included illness, church meetings and other activities. Mr.
Howard added that the confusion of the letter mailed might have been responsible
for non-attendance by~some residents.
Mrs. H. E. Eubanks, 3815 Sunset, stated that all of the adjacent property owners
were not opposed to the rezoning and that a number of the residents approved the
plan that had been pres~hted for the construction of two units on'the property.
Additional questions addressed by members of the City Commission and Zoning and
Planning Commission included whether or not the property waS to be owner occupied;
that any additional requests for r~zoning for townhouse' construction would have
to be filed with the Zonihg and Planning Commission; plann~d usage of concrete in
conjunction with the proposed constructi~n; possi.ble subsidence as a result of the
proposed construction; th~ economic feasib'n"1ty of constructionbfonly a sihgle
family dwelling on the property and locatiohof utility services to'the property.
It was explained to those in attehdance that this particular piece of property
is the only one in the city which has no utility service and'if developed it
would be the'obligation of the city to furnish s~rvice~ It was noted, how~v~r,
that the proposed builder had agreed to finance any up~sizing of water/sewer lines
that might be required by the addition of a second unit on the site.
Motion by Mr. Abell, seconded by Mr. LaCook,'that the Public Hearing of the Zoning
and Planning Commission be closed.
Voti ngAye:, "All'
Voting No: Non~
Motion by' Commissioner Horne, seconded by Commissioner Maneval, that the Public
Hearing by the City Commission be closed.
Voting Aye: All
Voting No: None
Mayor Cole advised those in attendance that the City Comm1ssion.would further dis-
cuss the recommendation at its workshop session on Wednesday, October 11, 1979,
and would announce its decision at the regular meeting of the City Commission on
October 22, 1979.
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Further discussion by members of 'the City;Commissionregarding the::need for nomi-
nations for the Board of Directors of the Harris County Tax Appraisal District
resulted in submission of the names of Charles Gillan, Joe Harris and Dale Heiskell
as nominees for such positibn.
With no further busihes~ to co~e b~fote the Comm1ssion at~thi's time, ,upon motion
duly made, seconded and carried, the meeting adjourned at 10:15 p.m.
~~1V7Jt ~
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ATTEST:
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City Secretary
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,REGULAR C I TYCOMMI SS ION" MEET I NG <
October 22, 1979
The City Commission convened in regular session at the City Hall 'on Monday, October n",I,'::
22, 1979, 7:30 p.m., with the following members present: Mayor Cole, presiding;
Commissioners'Ahrens~ Horne, Maneval and Rosenbaum; The CJty,Attorney and Assis-
tant City Manager were also present. The City Manager was ill.
The Invocation was pronounced by Commissioner Horne.
MINUTES OF CITY COMMISSION MEETINGS: Minutes of the regular meeting of the City Com-
mission on Monday, October 8, 1979, and a special meeting on October 10, 1979,
were presented for consideration.
Motion by Commissioner Ahrens, seconded by Commissioner Rosenbaum, that minutes
of the regular meeting of the City Commission on October 8, 1979, and a special
meeting on October 10, 1979, be approved as submitted.
Voting Aye: All
Voting No: None
HEARING OF RESIDENTS: Mrs. A. P. McElreath, 3722 Robinhood, stated that she had
lived in West Uhiversity since 1941, and that she had heard that a new residence
constructed at Sunset and Buffalo was to be used as a club house for a women1s group
and she wou 1 d 1 i ke to know 1) who owns the property, 2) i'f it is to be used as a
club house; 3) if it is to be used as a club house, why was it built and approved
as such; and 4) what is going to be done about it.
Commissioner Horne responded that the property was owned by Bratten Construc- ~:!"i
tion, Inc.; was not to be used as a club house; and that what was going to
be done about the property had been done. Mr. Horne then reviewed action
that had been taken by the City Attorney in response to a request of the
Commission to assure that the property would not be used for anything other
than a single family dwel1ine, noting that an affidavit had been executed
by Mr. Bratten and Mrs. Elizabeth Schlayer Cardeza, resident of the property
and representative of the Houston Delphian Scholarship Foundation, and filed
of record in the Harris County Deed Records.
Commissioner Ahrens stated that the City Commission did not want to over-respond
and deny private citizens the right to hold meetings in their homes.
Mr. Ron Waedeman, 2601 Arbuckle, advised the Commission that he had obtained a
building permit for the construction of a new residence at 2601 Arbuckle and
was advised to delay his request for a fence permit inasmuch as the current
ordinance regulating fence construction would permit him to erect an eight
(81) fence adjacent to Kirby Drive with the other fence permitted only to a
height of six (61) feet.
Mr. Waedeman was advised that a recommendation had been received from the Zoning
and Planning Commission and Zoning Board of Adjustment Committee and would be
placed on an upcoming City Commission workshop meeting for consideration and
that he would be advised of such meeting proposed for Wednesday, October 31st.
Motion by Commissioner Ahrens, seconded by Commissioner Horne, that the order of
the agenda be changed to permit consideration of Item 7 at this time.
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Voting Aye: All
Voting No: None
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POLICE OFFICER OUTSTANDING PERFORMANCE:' Resolution' Number 79-39 was presented to
the Commission an'd read: in full:
A RESOLUTION COMMENDING OFFICER MATTHEW STANICH OF
THE WEST,UNIVERSITY PLACE POLICE DEPARTMENT FOR
OUTSTAND1NG PERFORMANCE IN THE LINE OF DUTY
'. : .
WHEREAS, Matthew Stanich has served the City of West University
Place as a Police Officer since his appointment August 23, 1979; and
WHEREAS, the professional training' he'received and his quickness
to respond played an important role in his performance; and
WHEREAS, he displayed courageous calm in the face of danger on
'October'lO, 1979, when he w~s shot once while attempting to discour~ge
two flee1ng felons from entering the City ofWestUnive~sityPlace~ and
WHEREAS, the City Commissibndesires to gtve recognition to
Officer Matthew Stanich for his outstanding performance in the li'he of
duty.
Nbw, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WEST UNIVERS1TY PLACE, TEXAS=
Section 1. That the City of West University Place; Texas, acting
by and through its duly authorized City Commission commends Officers Matthew
~tanich for his outstanding performance ln the line of duty.
Section 2. That the City Commission, on behalf of all citizens
of the City of West University Place, Texas, expresses its grateful appre-
ci at i on to Off icer Matthew Stan i ch for hi 5 ded icat i on to the protect i on
of lives and propertyin'the city.
Section 3.' Tha~ this Resolution be spread in fulliupon the
· minutes of ;the City Commission ahd that tlieMayor' be, aha he is hereby,
authorized to deliver' to Matthew Stanich a true copy hereof,' sighed by
each ~ember of the City Commission.
PASSED AND APPROVED this 22nd day of October, 1979.
Motion' by Commissioner Rosenbaum, seconded by Commissi'oner Horne, that Resolu-
tion Number 79-39 be approved as read;
Voting Aye: All
Voting No: None
CONCERNS OF THE CITY COMMISSION: Assistant City Manager Dick Rockenbaugh advised Com-
missioner Ahreh's that 'Director of Public, Works David Eby was working ona request
by a number of c'itizens to the Commission on October 8th for a study of certain
streets within the city, but'that the: current status of the project'was not known.
Commissioner Ahrens requested that consideration be given to the appointment of
membership to the Parks Fund Board by the Commission inasmuch as a recommenda-
ti,on had been received from the Parks and Recreatiori' Board. This item is to be
i'ncluded oh,the City Commission workshop meeting 'oh October 29th.
8
Commissiener Ahrens requested that"Assistant C,ity Manager Dick Rockenbaugh see
that members of the Cemmission are furnished copies of City Manager Jim Brown's
statement regarding building temperature settings that had been premised en
October 8th.
Commissiener Resenbaum advised that preposals, for reloci3tion ef the Mealsite
Program had not been made to other area churches.
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Metien by Commissioner Ahren5, secended by Comm'issioner Horne, that the City
Commissien officially accept the resignatien ef Jim Brown as City Manager of
the City of West' Universi,ty Place effective October ;31, 1979.
Vetlng Aye: All
Veting No: Nene
Cemmissioner Horne advised those in attendance that citizens sheuld, realize the
.encroachmen't of 'cr ime into the city and, the need to, take eve,ry opportun i ty to
support the Police Department. Cemmissioner Horne noted that merale within
the department ha's improved and repr'esents one ef the br i ght spets seen th is
yea r .
Fellewing Cemmissioner Horne's remarks, Mr. J. D. Weodson, 3835 Tennyson, re-
quested i'nformation'regardingestablishing a West University 100 Club to pro-
vide assistance to the Police and Fire Departments' and that he be permitted to
be the first contributer to such club. City Attorney David Allums was instructed
to' determine the procedure for the establishment of such club.
Mayor Cole advised these in attendance that to date a total of seventy:(70)
applicatiens had been received for the postion of City Manager/Administrater.
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VILLAGE SAVINGS & LOAN ASSOCIATION: Mr. Michael Parks, Chairman of the Board of the
Village Savings & Loan: Association appeared befere the Cemmission to,direct
attentien to' plans for the location ef' the Asseciatien'sheadquarters build-
ing at the corner ef Stella Lihk and Be11aire, noting that,adherence to the
requirements that one parking space be prev:ided for each 200 hundred square feet
of fleor -space wou 1 d, prec 1 ude any green area er 1 andscap i ng on the's i te wh i ch
served as an entrance to the city. Following Mr. Parks' presentat,ion and general
discussion cencerning alternative methods to' achieve beth desired landscaping
and required parking, Mayor Cole expressed appreciation to Mr. Parks.
SIDEWALK CONSTRUCTION: Ms. Barbara Townsend, 3501 Cason, appeared before the Commis-
'siento request that: she not be required to' have a sidewalk in front of her resi-
dence inasmuch as there was no other s i dewa 1 k adj acent to her property .:::Ms. Town-
s~nd~p~ese~tea,~~sk~tch indicating the number of lets between;,ber preperty and
the nearest ,sidewalk, noting that she knew this requirement ,had',been waived in
the past under such conditions.
,Motion by Comm:is,sioner,Horne, secended by Commissiener Ahrens, that this' subject
be deferred until the next regular meeting of the Commissron,te be resolved along
with the request feceived from Mr. Michael Parks.
Vot i ng Aye: All
Veting No: Nene
Metion by Commissioner Horne, seconded by Cemmissioner, Rosenbaum, that the City
Commissien suspend action by the Building InspectortofiJ.e charges in'Muni-
cipal Court against Ms. Barbara Townsend until the next meeting ef the Commis-
sion.
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PARKS AND RECREATION BOARD: Ms. Audrey Langley, Secretary of the Parks and Recreation
Board requested that consideration of this item be delayed until later in the
meeting to permit Chairman Alex Pancheri and opportunity to be present.
Motion by Commissioner- Ahrens, seconded by Commissioner Maneval, that considera-
tion of a report and recommendation of the Parks and Recreation Board be delayed
to permit Mr. Pancheri to arrive.
Voting Aye: All
Voting No: None
RECOMMENDATION OF ZONING AND PLANNING COMMISSION: Mayor Cole advised that the Zoning
and Planning Commission had recommended that Lot 1, Block 1, Collegeview Third
Addition be ~ezoned by a Single Family Dwelling District to a Two-Family
Dwelling District, and that a joint public hearing had been held on the recom-
mendation.
Motion by Commissioner Horne, seconded by Commissioner Maoeval, that Lot 1,
Block 1, Collegeview Third Addition remain a Single Family Dwelling District.
Voting Aye: All
Voting No: None
Mr. Terry Ayres advised the Commission that he represented Mr. Jim Harris, pros-
pective purchaser of the property and that it was his intent to put the City
Commission and the City Secretary on notice that a suit would be filed to change
current regulations to alter the status to come up with a status which would per-
mit construction of two or three dwelling units.
TENNIS COURT FENCE: In accordance with previous actio~ of the City Commission, bids
received for installation of approximately 1351 of 101 chain link fence at Wier
Park were opened and results announced as follows:
Western Fence Company
Allied Supplier & Erection
$1,261.00
1 , 158.00 (11 guage)
1,458.00 (9 guage)
Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that the bid
submitted by Western Fence Company for installation of approximately 1351 of
10' chain link fence at a price of $1,261.00 be accepted.
Voting Aye: All
Voting No: None
WIER PARK TENNIS COURT RESURFACiNG: Bids received for resurfacing tennis courts
located at Wier Park were opened and results announced as follows:
Tennis Everyone of Houston
$7,945.00
Motion by Mayor ~ole, seconded by Commissioner Horne, that the~bid submitted
by Tennis Everyone of Houston be rejected and that the tennis court at Judson
Park be added to' the project and re-advertised for bids.
Voting Aye: Horne, Cole, Rosenbaum
Maneval
Voting No: Ahrens
MUNICIPAL COURT DEPUTY CLERKS: Resolution Number 79-40 was presented to the Commis-
sion and read in full:
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WHEREAS, J. Lovell, employed as Police Dispatcher and appointed
Deputy Clerk of the Municipal Court of the City of West University Place,
has resigned her position with the city; and
WHEREAS, Lana Sadler, employed as PoliceL'Dispatcher and appointed
Deputy Clerk of the Municipal Court of the City of West University Place,
Texas, has been re-assigned duties as a' Police Officer; and
WHEREAS, Rebecca Young and John Johnson have been employed as
Police Dispatchers and are qualified to serve as Deputy Clerks of the
Mun i c i pa 1 Court.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION nF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS~
Section 1. That Rebecca Young and John Johnson 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 Rebecca Young and John Johnson
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 assume the assigned duties of Deputy Clerk after baving been adminis-
",::':0- tered the>proper Oath of Office.
PASSED AND APPROVED this
day of
, 1979.
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Motion by Commissioner Ma,neval, seconded by Commissioner Rosenbaum, that Resolu- U
1III
tion Number 79-40 be approved as read.
Voting Aye: All
Voting No: None
APPOINTMENT OF CITY TRAFFIC ENGINEER: The Commission was advised that the Code of
Ordinances provides that the City Commission appoint the City Engineer, Chief
of Police, or other qualified employee t.O serve as City Traffic Engineer. It
was pointed out that City Engineer David Eby was knowledgeable with regard to
trafftc control devices and other functions under the responsibility of the
City Traffic Engineer and that it was the recommendation of the staff that he
be appointed to serve in such capacity.
Motion by Commissioner Maneval, seconded by Commissioner Horne, that the recom-
mendation of the city's staff be accepted and City Engineer David Eby be appointed
City Traffic Engineer.
Voting Aye: All
Voting No: None
CONSULTANT SERVICES FOR SOFTWARE SELECTION: City Treasurer Patrick O.Connor advised
the Commission that he had previously submitted a memorandum regarding the need
for consideration of consultant services for software selection and had dis-
cussed the question at a recent workshop session and saw no need for further
presentation on the question.
Motion by Commissioner Rosenbaum, seconded by Commissioner Ahrens, that Item 13
and I tern 14 re 1 at,i ng to the reques t to. advert i se for bids for pu rchase of an
air-lift for use of the Community Services Department be suspended until
further considered at a workshop session of the Commission.
Voting Aye: Ahrens, Cole, Rosenbaum
Voting No: Horne, Maneval
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LEGAL MATTERS: City Attorney David Allums reported to the Commission that he had
reviewed the recommendations received from the:'Zoning and Planning Commission
and the Zoning Board of Adjustment for revisions of the Zoning Ordinance and
he would like for the entire ordinance to be studied thoroughly and carefully
in order to assure that one section'would not be in conflict with another and
that the result would be a legal, workable, enforceable document. Mr. Allums
stated that it was his anticipation that the completed project should be pre-
pared in the spring.
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CITY MANAGER'S REPORT: Assistant City Manager Dick Rocenbaugh stated that he did
not have a report in Mr. Brown's absence.
PARKSANDRECREAT!ON'BOARD: Aud~er Langley presented M~yor Cole a check in the amount
'of $1,7l6.66, ~epre$enting repayment of a $1,000 loan made to the Parks and Re-
creation Board -for the annual Splash Bash program and a net profit of $716.66.
Mrs. Langley reported that the affair was quite successful and she believed that
this was the third year of such program and some citizens are still not aware
of the activities.
Mrs. Langley stated that the Board had voted to request that profits from the
Splash Bashbe designated to purchase equipment and materials for the newly
established "West University Teen-Program".
Mr. Alex Pancheri, Chairman of the Parks and Recreation Board, presented the follow-
ing request for construction of a mini-basketball court at Judson Park.
Our recommendation for, the placement to be as follows: "The basketball
mini~court be placed at the far east end of the park, and the playground
equipment be removed to the far southwest corner of the park, with the
large swing set now occupying this corner be placed in the vicinity of
the mini-court", and "that we protect the southwest corner playground
area with at least a 4 foot high chain link fence". (Motions passed at
the September 25th meeting). We recommend that the basketball court be
40 feet by 60 feet with an apron approximately 5 feet placed at the east
end of Judson Park, parallel to South Judson Street as far east as fenc-
ing and trees will permit. This position was chosen because it allows
maximum green space and will also separate the older children from the
younger ones wnile using the park. We feel this position allows the use
of the existing fencing on the point and there is a possibility of some
lighting which could be directed from the existing light standards.
The board considered the other options, (A) Partial closing of Simmons
Street, we felt this would be more expensive, trees would have to be
removed we also felt it would impese a hardship on the homeowners having
to deal with loose balls in their yards, would not allow ,for any alleyway,
and would need to be elevated for proper drainage. (B) The west end of
the park at the southside of the tennis court was much too small an area
to consider. (C) The east edge of the tennis court would ruin the land-
scaping and eliminate the valued open space we have now.
, Motlpn_by Mayot,.Cole 1 seconded by Commissioner Horne, that the recommendation of
the Parks and Recreation Board be accepted.
Voting Aye: All
Voting No: None
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Members of ' the Co~ission,requested,thatia letter be ,directed to Mr. Nelson
Thompson expressing appreciation for the work he had done on plans ,for the
Judson Park mini-basketball court.
Motion by Mayor Cole, seconded by, Commissioner Ahrens, that the City Manager
be authorized to advertise for bids for the,Judson Park mini~basketball court.
Voting Aye: All
Voting'No: None
BOARD AND COMMITTEE MEETING MINUTES: Minutes of the following board and committee
meetings were presented to the Commission for their information:
Parks and Recreation Board meetings on September II, September 25 and October 9
Zoning and Planning Commission meeting on October 4
Plumbing Board meeting on October 15
Electrical, Board meeting on October 15,
Zoning Board of Adjustment meeting on October 17
ADJOURNMENT: With no further business to come before the Commission at this time,
upon motion duly made, seconded and carried, the meeting adjourned at 9:15 p.m.
~?!1tM
ATTEST:
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City ecretary ,
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,SPECIAL CITY COMMISSION MEETING
November 5, 1979
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The City Commission convened in special session at the City Hall on Monday, November 5,
1979, 7:30 p.m., with the following members present: Mayor Cole, presiding, Commissioners
Ahrens, Horne and Maneval. The City Attorney and Assistant City Manager were also pre-
sent. Commissioner Rosenbaum was out of the city.
The Invocation was pronounced by Commissioner Maneval.
APPOINTMENT OF.ASSISTANT CITY TREASURER: Resolution Number 79-41 was presented to the
Commission and read in full:
WHEREAS, R~solution Number 79-7 was passed and approved by the
City Commission on January 29, 1979; and
WHEREAS, such Resolution Number 79-7 appointed Virginia Hood as
Assistant City Treasurer of the City of West University Place; and
WHEREAS, Virginia Hood has been re-assigned duties as Budgetary
and General Accounting Supervisor; and
WHEREAS, Joseph Harris, employed as Tax Assessor/Collector is
qualified to serve as Assistant City Treasurer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS:
Section I. That Joseph Harris be, and he is hereby, appointed
Assistant City Treasurer of the City of West University Place, Texas.
Section 2. All other provisions of Resolution Number 79-7 shall
remain in effect as approved on January 29, 1979.
PASSED AND APPROVED this
day of
, 1979.
Motion by Commissioner Horne, seconded by Commissioner Ahrens, that Resolution
Number 79-41 be approved as read.
Voting Aye: All
Voting No: None
AUTHORIZATION FOR ASSISTANT CITY MANAGER TO SIGN CHECKS: Resolution Number 79-42 was
presented to the Commission and read in full:
WHEREAS, Resolution Number 79-15 was passed and approved by
the City Commission on April 9, 1979; and
WHEREAS, such Resolution Number 79-15 designated certain bank-
ing institutions to be and serve as official depositories of the city; and
WHEREAS, such Resolution Number 79-15 authorized certain of-
ficials and employees of the City of West University Place to sign or
countersign the necessary signature cards with such banking institutions.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF WEST UNIVERSITY PLKCE, TEXAS:
Section 1. sec,tion.4 of Resolution Number 79-15 is hereby amended ~~,fi,','-,,"'~.
to read as follows: ~
"Section 4.- That the Mayor, Mayor Pro-Tem, City Treasurer,
Assistant City Treasurer, City Manager and Assistant City Manager are
hereby authorized and directed to sign or countersign the necessary
signature cards to establish the required bank accounts with the said
Chemical Bank, Fannin Bank, First National Bank of West University
Place, Houston Southwest Bank, Mercantile Bank of Houston, Texas Com-
merce Medical Bank, and University State Bank."
Section 2. All other provisions of Resolution Number 79-15 shall
remain in effect as approved on April 9, 1979.
PASSED AND APPROVED this
day of
, 1979.
Motion by Commissioner Maneval, seconded by Commissioner Horne, that Re-
solution Number 79-42 be approved as read.
Voting Aye: All
Voting No: None
PERSONNEL BOARD RRCOMMRNDATTON' The City Commission was presented the following
recommendation from the Personnel Board following a Public Hearing on the
termination of Police Officer Christine Crump:
The Personnel Board of the City of West University Place, Texas,
after consideration of the testimony and exhibits presented to
it, recoinmends to 'the City Commission that the findings of Chief
Frank Robinson and Mayor James M. Cole be sustained.
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It was noted that the recommendation had been signed by R. Burton Ballanfant,
Personnel Board Chairman and members Harry W. Bristol and H. L. Britton.
Commissioner Ahrens stated that he thought it in the best interest of the
city to request that the Personnel Board furnish the Commission with a
list'of its findings, with a statement of disciplinary actions by the
Chief of Police and Mayor that might have been pertinent to such findings.
Commissioner Horne concurred with Commissioner Ahrens noting the members
of the Commission had no findings of fact on which to base an opinion.
City Attorney David Allums advised the Commis$ion that there were three
options available:
a) Accept the recommendation of the Personnel Beard.
b) Overrule the recommendation of the Personnel Board.
c) Act contrary to the recommendation of the Personnel Board.
Mr. Allums was instructed to obtain findings of fact from the Personnel
Board for_presentation to the City Commission at its regular meeting on
November 12,1979.
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ESTABLISHMENT OF LINES OF AUTHORITY: Mayor Cole read the following job des-
cription of the position of Assistant City Manager under Duties and
Activities:
Serves as personnel director for the city. Assists the City
Manager in coordination and 9peration of city departmen~?~ Serves
as chief administrative officer in absence of City Manager. Serves
as insurance coordinator for the city which involves workman compen-
sation, group health and vehicle coverage. Meets with the City Com-
mission in workshop session and regular commission meetings. Meets
with various advisory boards.
Mayor Cole recommended th~t Assistant City Manager Richard Rockenbaugh act
as the resource by which city Department Heads will report until such time
as a City Manager reports for duty in accordance with the job title and
duties.
Commissioner Horne concurred with Mayor Cole's recommendation.
POSITION OF CITY MANAGER: Mayor Cole advised that the Screening Committee for
the position of City Manager had ceased taking applications for such position
on Nov~mber lst and that the Committee would now start bringing, appl~cants
in for interviews with such applicants coming from the State of Texas and
adjacent states.
ADJOURNMENT: With no further business to come before the Commission at this time,
upon motion duly made, seconded and carried, the Speical Meeting of the City
Commission adjourned at 8:00 p.m.
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Mayor
ATTEST:
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City See etary
16
REGULAR CITY COMMISSION MEETING
Nov:ember 12, 197,9
The City Commission convened in regular session at the City Hall on Monday, Novem-
ber 12, 1979, 7:30 p.m., with the following members present: Mayor Cole, presiding;
Commissioners Ahrens, Horne, Maneval and Rosenbaum. The Ci t-y Attorney and Assis,tant
City Manager were also present.
The Invocation was 'pronounced 'by Commissioner Rosenbaum.
MINUTES OF CITY COMMISSION MEETINGS: Minutes of the regular meeting of the City
Commission on Monday, October 22,1979, and a special meeting on November 5,
1979, were ~resented to the Commission for consideration.
Motion by Commissioner Ahrens, seconded by Com:missioner Rosenbaum, that
minutes of the regular meeting of the City Commission on October 22, 1979,
and a special meeting on November 5, 1979, ,be approved as submitted.
Voting Aye: All
Voting No: None
HEARING OF RESIDENTS: Mrs. Margaret Hollowell, 4016 Swarthmore, advised the
Commission that she would soon be moving ,from the city and would like for
the city to match the $225.00 that is currently in the Parks Fund to install
a piece of playground equipment at Colonial Park before Christmas. Com-
missionev Ahrens responded that members of the Parks and Recreation Board
had presented the Commission recommendations for Judson Park and ,were to
furnish recommendations for Colonial Park.
Mrs. A. P. McElreath, 3722 Robinhood, directed attention to an article that
appeared in the Houston Chronicle written by Reporter Ed Conaway regarding
the West University Police Department, noting that it was stated that 12 of
the department's staff had resigned or been fired during the past twelve
months, and that salaries of the West University Police Department were much
lower than surrounding areas. Mayor Cole stated that currently the Police
Department had eleven (II) patrolmen, three (3) duty sergeants, five (5)
dispatchers, one (I) captain and a chief. Mayor Cole also stated that
salaries were based on merit and that the city had experienced no difficulty
in the recruiting of personnel.
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Mr. B. E. Thompson, 6422 Mercer, advised the Commission that he had a petition
requesting that a street be opened adjacent to Poor Farm Ditch on the rear of
Mercer, citing a number of reasons, i.e., more revenue for the city; improve-
ment of mosquito abatement inasmuch as the area would be accessible; construc-
tion of a bicycle path on the west side of the new street; and to provide
parking for people who now park on Mercer Street.
Mr. Alfred King, 3631 Duke, stated that he agreed with Mr. Thompson that there
was a need for a street and that fifty (50) homes could be built on the vacant
property in the area,
Mr. Cliff Potter, 3622 Duke, stated that the west side of his home was adjacent
to Poor Farm Ditch and inasmuch as he did not want automobiles using a street ~
next to his bedroom he would be opposed to a street. Mr. Potter also stated
that he would like to address this question, but would defer until such time :,
as he believed the Commission was giving serious consideration to a street
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adjacent to Poor Farm Ditch. Mr. Potter reminded the Commission that in 1976
a big effort was made to have a hike and blk~ trail constructed adjacent to
Poor Farm Ditch with the use of HUD funds and that he would like to go on re-
cord as being very much opposed to 20. to 30' of 'pavement in 1979.
LONG RANGE PLANNING COMMITTEE: Motion by Commissioner Horne, seconded by Commissioner
Ahrens that Item 7 on the regular City Commission agenda be presented at this
time.
Vot i ng Aye : All
Voting No: None
Resolution Number 79-44 was presented to the Commission and read in full:
WHEREAS, it is the obligation of 'the City Commission pursuant
to provisions of the City Charter and ordinances heretofore adopted to
appoint members to various ,Boards and Committees; and .
WHEREAS, the Mayor and members of the City Commission have con-
tacted and interviewed qualified citizens to serve on the Long Range Plan-
ning Committee; and
WHEREAS, certain persons have indicated 'a desire and willingness
to serve as members of the Long Range Planni,ng Committee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF'THE CITY
OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. That the following persons be appointed to serve as
members of the Long Range ,Planning Committee:
Bob Abel
Richard Adkins
Charles Baldwin
Michael McEnany
John Neighbors
Janet Redeker
Bart Busker
Hardy LaCook
Joan McCay
Section 2. That the persons hereby appointed to the Long Range
Planning Committee shall serve without compensation.
Section 3. That the persons hereby appointed shall serve until
the appointment and qualification of their successors.
PASSED AND APPROVED this
day of
, 1979.
Motion by Commissioner Maneval, seconded by Commissioner Horne, that Resolution
Number 79-44 be approved as read.
Voting Aye: All
Voting No; None
Motion by Commissioner Ahrens, seconded by Commissioner Rosenbaum, that Bob
Abel be appointed temporary chairman of the Long Range 'Planning Committee for
the purpose of calling the first meeting.
Vot i ng Aye: All
Voting No: None
Mayor Cole administered the Oath of Office to the following as members of the
Long Range Planning Committee:
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Richard Adkins
Charles Baldwin
Hardy LaCook
Michael McEnany
John Neighbors
Janet Redeker
OPENING OF VIRGINIA STREET: In response to a question by Mayor Cole regarding any
additional information to be presented, Mr; B. E. Thompson stated that the
only people who objected to putting a street adjacent to Poor Farm Ditch
were those who did not have property there.
In response to a question by Mayor Cole regarding legal ramifications of a
street that is not there, City Attorney David Allums stated that a determi-
nation would have to be made regarding ownership of the property where the
proposed street would be located, and that he would make such determination
if instructed by the Commission.
In response to a question by Mr. Thompson regarding instructing the City At-
torney to make a determination of ownership of the property, Mayor Cole re-
sponded that the City Attorney would not be so instructed until research is
made of material gathered in 1976 for the proposed hike and bike trail.
CONCERNS OF THE CITY COMMISSION: Mayor Cole advised the Commission that he was
in receipt of invoices in the amount of $878.07 received from South Loop
Ford for vehicle 'repairs;
VILLAGE SAVINGS & LOAN ASSOCIATION HEADOIJARTFRS RIIII DING. Commissioner Horne noted
that this item had been considered at a previous meeting of the City Commis-
sion and at a workshop session.
Motion by Commissioner Horne, seconded by Commissioner Maneval, that Village
Savings and Loan be instructed to comply with the ordinance requiring an ap-
propriate number of parking spaces based on the square footage of the building.
Voting Aye: Horne
Maneval
R,osenbaum
Cole
Voting No: Ahrens
REVIEW OF SECTION 20-~t; OF THF r.ODFOF OROINANr.FS RFQ.lIIRINr:: r.ONSTRIIr.T10NOI=' ~lnl='\.JAII<~.
Resolution Number 79-43 was presented to the Commission and read in full:
WHEREAS, heretofore under Resolution Number 76-5 a previous City
Commission granted a limited exemption to the owner of a lot in the city
and exemption for installation of a sidewalk where a new home was being
constructed; and
WHEREAS, that this City Commission is of the opinion that the
requirement to install sidewalks where they previously existed or where
new construction is contemplated should be uniformly enforced by the
Building Inspector.
NOW, THEREFORE, BE IT RESOLVED BY THE
OF WEST UNIVERSITY PLACE, TEXAS.
Section 1. Resolution Number 76-5 is
C ITV COHHI 55 I ON OF THE C ITV flf1
hereby rescinded. WlJ
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Section 2. That installation of sidewalks where required by the
city's Code should be enforced by the Building Inspection Department when
applicable.
Section 3. That the Building Inspector and the home owner should
work jointly to resolve the placement of said sidewalks, taking into effect
the natural 1 imits of the area where the sidewalk is to be installed in order
to design an aesthetic, as well as safe, sidewalk for the citizens of West
University Place.
PASSED AND APPROVED this
day of
, 19l9.
Motion by Commissioner Horne, seconded by Commissioner Ahrens, that Resolution
Number 79-43 be approved as read.
Voting Aye: Ahrens
Cole
Horne
Maneval
Voting No: Rosenbaum
Commissioner Horne stated that a request of Ms. Barbara Townsend, 3501 Cason,
to not construct a sidewalk in front of her new house had been considered at
a previous meeting of the City Commission and in workshop session, noting that
the residence faces Sewanee rather than Cason and that the ordinance provides
for the construction of sidewalks on any street on which the house fronts.
Motion by Commissioner Horne, seconded by Commissioner Ahrens, that Ms. Barbara
Townsend be required to construct a sidewalk on Sewanee in ,compliance with the
ordinance.
Voting Aye: Ahrens
Cole
Horne
Maneval
Voting No: Rosenbaum
Mr. Roger Poser requested permission to present a request from Mr. and Mrs.
Sinnott for permission to not replace a deteriorated sidewalk at 6106 Fordham
which he had removed when he owned the property.
Mr. Poser stated that Ordinance Number 988 did not address itself to the repair
or remodeling of residences, only to new construction and that he did not see
why a sidewalk that came from nowhere and went nowhere should be required.
Mr. Larry Doherty, 6035 Fordham, stated that by removal of the deteriorated
sidewalk Mr. Poser had rid the city of a danger that could not be repaired.
Motion by Commissioner Horne, seconded by Commissioner Ahrens, that further
consideration of this request be tabled until a later date and that any action
that might be pending in the Municipal Couttbt Inspection Department be de-
ferred until an appropriate decision is made by the City Commission.
Voting Ay~: All Voting No: None
WEST UNIVERSITY PLACE PARKS FUND: Ordinance Number 1142 was presented to the Commis-
sion and read in full:
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AN ORDINANCE AMENDING ORDINANCE NUMBER 1114 OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS, BY AMENDING SECTION 2
THEREOF TO PROVIDE FOR TERMS OF THE MEMBERS OF THE
PARKS FUND; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
Section 1. That Section 2 of Ordinance Number 1114 is hereby
amended so that said Section shall hereafter read as follows:
"Section 2. The initial terms of the members of the Parks
Fund shall be as follows:
(a) One member shall be the Mayor or member of the City
Commission whose terms shall run concurrently with his
term of office.
(b) One member. shall be a representative of the Parks and
Recreation Board whose term shall run concurrently with
his term as a member of such Board.
(c) Positions three and four shall run for the remainder
of the year 1979 and through December 31, 1980.
(d) Positions five, six and seven shall run through Decem-
ber 31, 1981.11
Section 3. This Ordinance shall take effect and be in force
from and after its passage and approval as required by law.
PASSED AND APPROVED this
day of
, 1979.
Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that Ordinance
Number 1142 be approved as read.
Voting Aye: All
Voting No: None
Resolution Number 79-45 was presented to the Commission and read in full:
WHEREAS, it is the desire of the City Commission to submit
names of qualified citizens to the Board of Directors of the West Univer-
sity Place Parks Fund as nominees to such Board; and
WHEREAS, such citizens have indicated a desire and willingness
to serve in such capacity.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS:
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Section 1. That the following citizens are hereby nominated
for the position of Director of the West University Place Parks Fund, a ~i:
non-profit corporation.
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(a) Comm.issioner Andy Horne as a representative of the City
Commission for a term running concurrently with his term
of office.
(b) James Council as a representative of the Parks and Recrea-
tion Board for a term running concurrently with his term
as a member of such Board.
(c) Marla Forrestall for a term ending December 31, 1980.
(d) Brad Jackson for a term ending December 31, 1980.
(e) Pat Moore for a term which shall run through December 31,
1981 .
(f) Whitt Johnson for a term which shall run through Decem-
ber 31, 1981.
(g) Peter Taaffe for a term which shall run through December 31,
1981 .
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Section 2. The City Secretary is hereby instructed to deliver
to ~he Board of Directors bf.said West Univer~ity Parks Fund, a non-profit
corporation, . a copy ,ofth i s ..Reso 1 ut i on.' for, the i r consideration.
Section 3. This Resolution shall take effect and be in force
from and after its passage and approval.
PASSED AND APPROVED this
day of
, 1979.
Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that Resolu-
tion Number 77-45 be approved as read.
Voting Aye: All
Vot i ng No: None
City Attorney David Allums a~vised the Commission that he had received the
necessary.forms to file for exemption with IRS for the West University Parks
Fund which he would review with City Treasurer Patrick OIConnor for comple-
tion.
RECOMMENDATION OF PERSONNEL BOARD: . Commissioner Horne noted that this item had been
on a previous City Commission :agenda at which time only.a recommendation had
been presented without any findings of fact.
Motion by'Commissioner Horne, seconded by Commissioner Maneval, that the City
Commission accept the recommendation of the Personnel Board to sustain the
actions of Police Chief Frank Robinson, with regard to dismissal of Chris
Crump'..
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Voting Aye: Ahrens Voting No: Rosenbaum
Cole
Maneval
Horne
PERSONNEL POLICIES AND PROCEDURE MANUAL:' Ordinance Number 1143 was presented to the
Commission and read in full:
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AN ORDINANCEAMENDI:NG. ORDINANCE NU.MBER 1133 BY
AMEND I NG CERTM N SECTI:ONS OF THE' PERSONNEL POll C I ES
AND PROCEDURE MANUAL OF THE CITY OF WEST UNIVERSITY
PLACE TO PROVIDE FOR CERTAIN CHANGES DESIRED BY THE
CITY COMMISSION; AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS, a Personnel Policies and Procedure Manual was
heretofore adopted by the City Commission on January 22, 1979; and
WHEREAS, it is the desire of the City Commission to make
certain changes in the hereinabove mentioned Personnel Pol icies and
Procedure Manual.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF WEST UNIVERSITY PLACE, TEXAS:
Sect i on 1. That the attached "Exh i bit A" sett i ng forth
changes desired in the previously adopted Personnel Policies and
Procedure Manual'is 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 University Place, Texas.
Section 2. That.this ordJnanceshall take effect and be in
force from ,and after its passage and' approval ias requi red by law.
PASSED AND APPROVED this
day of
, 1979.
Motion by Commissioner Rosenbaum, seconded by Commissioner Horne, that Reso- milli
lution Number 1143 be approved as read. ~
Votlng Aye: All
Voting No: None
FIRE DEPARTMENT PERSONNEL: Chief Ben Wilcher advised the Commission that he would
like to review applications he has on file and schedule some interviews to
fill the three new positions included in the 1980 budget.
Disc~ssion by members of the Commissi6n indicated that the positions were
predicated on information received from the State Board of Insurance with
regard to the city1s insurance key rate and that clarification should be
obtained for the workshop session scheduled for Wednesday, November 14th.
STREET DEPARTMENT CAB & CHASSIS: The Commission was. advised .that when Street Super-
intendent A. L. Bearden checked this unit it was discovered to have a bent
frame and delivery was refused. The unit has been returned to Trucks of Texas
and payment wi 11 be put on a future' agenda when necessa,ry correct ions have
been made.
Voting Aye: All
Voting No: None
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SANITARY LANDFILL OPERATION: The Commission was advis'ed that specifications had
been prepared for purchase of a used bulldozer for use at the sanitary land-
fill site.
Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that the city1s
staff be authorized t6 advertise for bids for purchase of a used bulldozer for
use at the sanitary landfill site.
Voting Aye: All
Vot i ng No: None
PERSONNEL LIFT: The Commission was advised that specifications had been prepared
for purchase of a personnel lift for use of the Public Works and Community
Services Departments.
Motion by Commissioner Ahrens, secbnded by Commissioner Horne, that the city1s
staff be authorized tO'advertise for bids for purchase of a personnel lift.
Voting Aye: All
Voting No: None
Commissionet Rosenbaurn'was advised that Community Services Director Tom Carson
was working on plans.for' the Senior Services' office and they should be avail-
able in the near future. Commissioner Rosenbaum expressed concern with the ex-
penditure of available funds for other projects inasmuch as she requested con-
sideration of the additional office space many months previous'ly.
LOCKER ROOM HEATERS: Director of Public Works David Eby advised the Commission
that heaters used in the Water/Sewer employees locker room and in the Sanita-
tion Department employees locker room were both inoperable and consideration
should'be given to immediate replacement in view of cold weather that was ex-
pected. Mr. Eby stated that he had received three price quotations, McElwain,
$960~OO; BellaiTe Heating & Air Conditioning, $1,20~ and McKinney Air Condition-
i ng, $1, 120.
Mayor Cole requested that Mr. Eby inspect the non-vented' heater blowers used
at Matthews Motor Company which he believed much more suitable for the instal-
lation.
City Attorney David Allums advised the Commission cou'ld' authorize such expen-
diture by the Director of Public Works not to exceed a certain amount on an
emergency basis.
Mot'ion by 'Cbmm-ission'er. Maneval',; 'seconded, by Commissioner Ahrens, that the City
Commission author1te Mr. Eby to actept the bid, or alternate if he finds that
more appropriate, not to exceed $1,200.
Voting Aye: All
Voting No: None
SANITATION DEPARTMENT CAB & CHASSIS: The Commission was advised that specifications
had been prepared for two cab and chassi.s imitsand two packer body units for
purchase with Revenue Sharing Funds and that such purchase should great1y im-
prove equipment in the Sanitation Department.
Motion by Commissioner' Horne, seconded by Commissioner Maneval, that the city.s
staff be authorized to advertise for bids for purchase of two cab and chassis
units and two packer body units.
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Voting Aye: Horne
, Maneva 1
Rosenbaum
Cole
Voting No: Ahrens
POLICE PATROL UNITS: The Commission was requested for permission to advertise for
bids for delivery of two mid-size'police patrol units to replace units 102
and 104.
Motion by Commissioner Horne, seconded by Commissioner Maneval, that the city1s
staff be authorized to advertise for bids for delivery of two police patrol
units.- '
Voting Aye: All
Voting. No:' . None
JAIL REHABILITATION: Police Chief Frank Robinson and Captain Ron Fraser reviewed
plans that' had been prepared for remodeling of the Police Department and jail
facilities. It was pointed out that new laws governing record storage made
the remodeling necessary.
Motion by Commissioner Maneval, seconded by Commissioner Horne, that the cityls
staff be authorized to aavertisefo:r bids for remodeling of the Police Depart-
ment and jail facilities.
Vot i ng' Aye: A 1'1
Voti rlg No:' 'None
STAFF REPORT: Assistant City Manager Dick Rbckenbal:Jgh reported the following items
for consideration by the Commission:
Letter from Police Chief Frank Robinson setting forth priorities on purchase
requests.
Report from Director of Public Works David Eby on the condition of the cityls
sanitary sewer lift stations, together with a slide presentation.
Report from Director of Public Works David Eby setting forth installation
of traffic control signs.
Letter received from Tom Terrillion and response by City Treasurer Patrick
OIConnor regarding cancellation of NCR tax program.
Proposals received for trenching at the sanitary landfill site by John
Holland and the City of Be 11 a i re~' , ,
LEGAL MATTERS: City Attorney David Allums reported that he had been advised by
Mr. Robert Heath of the Attorney General IS office that inasmuch as a suit
had been filed regari::!ing the tax amendments any'opinions'would have to await
action on such suit: Mr. Allums'was instructed to follow the litigation.
Mr. Allums reported that a suit filed Ash vs City of West University Place
had been set for a hearing on December 3rd.
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Mr'. Allums also reported that he had not received a copy of a Lease from the
attorney for the Delphian Society and that he would contact their attorney
again.
Mr. Allums stated that he had been requested by City Treasurer Patrick O.Connor ~.1
to look at thecity.s' contract with NCR for computer services and also into I
the purchase of a cash register.j
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Mr. Allums expressed concern over the delay in getting tax bills mailed.
BOARD AND COMMISSION MEETINGS: Minutes of the following Board and Commission meet-
ings were presented to the Commission for their information.
Parks ~nd Recreation Board,meeting on October 23,1979. .
Zoning and Planning Commission- meeting on October 18, 1979
Zoning Board of Adjustment meeting on October 25, 1979
ADJOURNMENT: With no further business to come before the Commission at this time,
upon mbtion duly made, seconded and carried, the meeting wa~ adjourned at
10:20 p.m.
ATTEST:
~J~_ /1l ~
. .' . .Mayor .
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City Secretary
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SPECIAL CITY COMMISSION MEETING
November 14, 1979
The City Commission convened in special session at the City Hall on Wednesday,
November 14, 1979, 1: 00 p.m.,' wi th the fo 11 owi ngpersons present: Mayor Cole,
presiding; Commissioners Ahrens, Maneval and Rosenbaum.. The City Attorney and
Assistant City Manager were also present. '
Mayor Cole ~tated that the purpose of the special meeting was to consider a
Resolution casting a vote for the Directors of the Harris County Appraisal Dis-
trict for a two-year term beginning January 1, 1980, and that such Resolution
had to be filed with the County Clerk prior to November 15, 1979.
Resolution Number 79-46 was presented to the Commission and read in full:
WHEREAS, a vote is required for the Director of the
Harris County Appraisal District for a two-year term beginning
January 1, 1980, pursuant to Section 6.03 of the Property Tax
Code, V. A. T . S .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. That pursuant to the prOVISions of Section
6.03 of the Property Tax Code, the City Commission of the City of
West University Place, Texas has hereby completed its ballot for
said directors and attach~s same hereto for all purposes and in-
corporates the results therein as if included in its entirety in
this Resolution.
Section 2. That this Resolution shall take effect and be
in force from and after November 14, 1979.
PASSED AND APPROVED this
day of
, 1979.
Motion by Commissioner Ahrens, seconded by Commissioner Rosenbaum, that Reso-
lution Number 79-46 be approved as read.
Voting Aye: All
Voting No: None
The ballot attached to and made a part of Resolution Number 79-46 listed the
following candidates and number of votes cast for each:
Robert W. Carey 4
Jerry S. Dominy 4
Fred Hartman 4
Thomas W. Masterson 4
Elroy M. Satterlee 4
W. W. Thorne 4
George N. Wyche 3
With no further business to come before the Commission
duly made, seconded and carried, the meeting adjourned
at this time, upon motion
at 1:20 p.m.
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ATTEST: ~~
~retarY
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REGULAR CI TY CO'MM ISS ION MEET I Nl:;
November 26. lq7q
The City Cominission convened in regular session at the City Hall on Monday,'
November 26,1979,7:30 [:i.m., 'with 'thefol1owi'ng"menibers [:iresent: Mayor Cole,
presiding; Commissioners Ahrens and Rosenbaum. The City Attorney and Agsistant
City Manager were also present. Commissioners Horne and Maneval were absent.
The Invocation was pronounced by Mayor Cole.
MINUTES OF CITY COMMISSION MEETINGS: Minutes of the regular meeting of the City
Commission 'on November 12, 1979, and a specia;l meeting on November 14, 1979,
were presented for consideration.
Motion by Commissioner Ahrens, seconded by Commissioner Rosenbaum, that minutes
of the regular meeting of the City Commission on November 12, 1979, and a special
meeting on November 14, 1979, be approved as submitted.'
Voting Aye: All
Voting No: None
HEARING OF RESIDENTS: Mrs. Dorothy Clary, 4131 Ruskin, was advised that the over
s ixty-f ivetax exemption was i ncrease'd 'from $6 ,000 tc)' .$12,000 and such reduc-
tion was 'refllected o'ntaxstatements recehtly mailed.
Mr. W. L. Partridge, 4040 Ruskin, stated that he had been thinking of discon-
tinuing his recycling efforts and asked if members of the Commission thought
the project worthwhile. Mayor Cole responded that it was his intention to con-
tinue recycling at his home and Commissioner Ahrens stated that he'had received
a call from a resident requesting more publicity for the program. Commissioner
Ahrens suggested' that the Long' Range' Pl ann i ng C6mmi'ttee be requested to address
the problem and recommend new ideas for increased participation.
Mr. Partri'dgeadvi'sed members of the Commission that'he had'raised sweet pota-
toes in the cul-de-sac' located at Ruskin and' Academy and had brought'some for
each.
CONCERNS OF THE CITY COMMISSION: Commissioner Ahrens stated that he,had recently
seen a newspaper article concerning efforts of the City of Davis, California
which resulted in a 25% decrease in energy consumption and suggested that
such efforts should be made by the Commission.
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Commissioner Rosenbaum addressed a remark to Reporter Ed Conaway that she made
her own decisions as a member of the City Commission. Commissioner Rosenbaum
also expressed appreciation:for the weekly staff reports, noting that they were
very helpful to her.
Mayor Cole advised that a letter had been received from Mr. Jimmie Mormon of
the Texas Municipal Retirement System expressing a~preciation fot being per-
mitted to meet with the Commission.
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Mayor'Cole expressed concern with the continued absenteeism in the Sanitation
Departments on Monday mornings and suggested that the Sanitation Superintendent,
Public Works Director and Assistant City Manager give serious consideration to
alternatives to Monday garbage pickup and tbe~collectionof recycling material
on the same day. Mayor Cole further suggested that consideration be given to a
program of cleaning curbs the first thing each Monday morning.
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Commissioner Maneval arrived ati the meeting at this time.
TENNIS COURT COLOR COATING: The Commission was advised that a representative of
Tennis Everyone of Houston had advised the Director of Community Services that
they would bid on th.e, project, h.owever, no bid was received prior to the 7,:30
p.m.. tIme limitation. .,The only bid:' received, was opened and .results announced
as fo 11 ows : ..
Teni-Trak, Inc.
$8,400.00
Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that the pro-
posal submitted by Teni-Trak, Inc. for color coating two (2) tennis courts at
Wier Park and one (1) tennis court at Judson Parkbe,acc~pted.
Voting Aye: All
Voting No: None
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MINI-BASKETBALL COURT CONSTRUCTION: . The Commission was advised that invitations to
bid had been forwarded to three concrete contractors but that ,no bi~~ had been
received. Discussion by members of the Commission indicated that perhaps some
of the contractors doing concrete work in the city would be interested in the
project and should be contacted.
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Motion by Commis'sioner Ahrens, seconded by Commissioner Maneval, that Item #5
on the agenda regardin'g cons'truction ofami,ni-basketbaU, cour,t at Judson Park
be deferred until a workshop session on Wednesday, November 28th.
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Vot ing Aye: All:. Vot i n:g No: ,None. ~il
FINAL REPORT OF ZON I NG & PLANN I NG ,COMM I SSJON: The,Comm i'ss i o,n w,aspresen,t,ed the f i na 1 i r
report of the Zoning and Planning Commission recommending that no change be ,I
made in the 'present single-family dw,e1:1ing zoning of Lots ,1, 2" 3, .4,5 and
6, Block 2; Collegeview 3rd Addition.
Motionby,Commissioner Ahrens, seconded by Commi.ssi,oner Ros,enbaumJ, that the
f,inal report. a.nd r:ecommendati.on of the :ZoningandPlanning CO,mmission for Lots
1,2,3,4, 5 and 6, Block 2, Collegeview 3rd Addition be accepted.
Voting ,Aye: All
Vot i'ng NO: None
POLICE PATROL CAR CAGES: In accordance with previous instructions of the Commis-
sion, a request was presented to advertise for bids for purchase of two pro-
tective cages for installation in two new police patrol units.
Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that the
citystaff,be authorized toadvert.ise for bids'for purchase of two police
patrol unit cages, with bids to be received by the Commission ,on December 29,
1979.
Voting Aye: All
Voting No: None
RECREATION DEPARTMENT EXERCISE MATS: The Commission was presented a request to
purchase fifty (50) exercise mats for use 6f the Recreation Department for
,which the sum of $1;200 was included in the 1980 budget~ '
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Motion by Commissioner Maneval, seconded' by Commissioner Ahrens, that the
city staff be authorized to advertise for bids for purchase of fifty (SO)
exercise mats, with bids to be received by the Commission ~n De~ember 29,
1979.
Vot i ng Aye: All
Voting No: None
DATA PROCESSING CONSULTANT SERVICES: City Treasurer PatrickOIConnor reviewed the
fo 11 owi ng proposa 1 rece i ved from Deci s i on Research, I nc. :
This letter proposes the terms of our engagement for services to
the City of West University Place. The following detail explains
the nature of services to be performed for you per bur recent com-
munications. "
1) We will work in a consulting capacity to evaluate the capa-
bilities and limitations of your present data processing equip-
ment.
2) We will assist in the evaluation of. software packages which
may be acquired for use on your exi'stingequipment.
3) After evaluation of your specialized data processing require-
ments, we will work with you in any manner you desire to
implement the various systems. The work we will perform
may include any of the following activities, depending on
the decisions you make as to the approach which should be
taken.
* Evaluation of off-the-shelf packages
* Installatlon of off~the-shelf packages
* Design of special applications
* Programming of the applications
~': Supervising the programming done by others
~':' Documenting these special' systems
Our fees for services are based upon the time actually spent on a
clientls work and are calculated at our regular hourly rates in
effect plus direct out-of-pocket expenses. The hourly rat'e which
we wi'll hi 11 our services will be $40.00 per hour'. '
Invoices will be rendered evety two weeks and are payable in ten
days.
The assiStance of you, (your outside auditors), and your (accounting)
management in evaluating systems will minimize our fees. Should
we encounter unexpected changes in system specifications or other
'problems that might result in increased fees, we wi 11 notify you
immediately of the circumstances so that you may decide on a
course of action.
Your system and all prog.rams; including 'all future modifications
made to it by us, are your property to hold, sell, publ ish, or
deal with in any manner you desire. We retain the right to sell,
lease, rent or otherwise furnish to third parties exact dupl icates
or similar versions of the systems or programs which we may write
for you. tNaturally, any of your data which we might possess or
become aware of wi 11 be treated as strictly confidential.
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This agreement may'be'terminat:ed by eiither pa'rtyupon thirty (30)
days written ~Otite. .
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It was recommended by Mr. O'Connor that the service proposal be re-written
to cover only consultant servfces and if it is later determined advanta-
geousto employ Decision Research, Inc. for any program designQrcustomiz-
ing that such employment be on a contractural basis.
City Attorney David Allums was instructed to prepare a new proposal for the
signature of Mayor Cole.
COMMUNITY BUILDING REMODELING: Th~ Commission was advised that an inspection had
been made at the Commun d:y Bu i1 ding' and that it had been dete,rm i ned that a
door could be located from the entrance'lobby into the ,area to be converted
into office space for the Senior Services Department. Discussion by members
of the' Cominission indicated that the Activities Room would be a more suitable
area for the Se'niorServicesDepartment; usage of such area; 'displeasure of
the Director over the proposed office location; and need for additional space.
Motion byComm i ss i on'er' Maneval ,seconded by COn1m is's i oner Rosenbaum, that the
City Commission authdrize min'or remodeling' of the'Community Building to prov:iCle
additional space for the Senior Services Department.
(':.1
Vot i ngAye:: Rosenbauin
Maneval
Voting No: Ahrens
Cole
The Assistant' City Manager was advised ,to reschedule thi's Uem for further
discussion at the next regular meeting of the City Commission on December 10th. IT;l
LEGAL MATTERS: City Attorney David Allums reported that he was in receipt of a letteU
from Attorney Bob Devlin transmitting a copy of'an unexcuted Lease Agreement
between 5502 Buffal Ltd. and Dr. Schlayer, noting that the Lease had not been
executed because Dr., Schlayer had been out of town.
Mr. Allums presented Resol~tion Nomber'79-47 and read it in full:
WHEREAS, due to an'eme'rgency situation existing at the cityls
. 1 ~lIidf ill '5 i te whereby add it i ona 1 space was needed for '. storag,e of refuse
and trash, the City Commission felt it was in the best interest of the
city to authorize the Acting City,Manager to proceed with,a contract
with John G. Holland Construction Company, Inc. to perform immediate
'trench excavation at the landfi n site; and,
WHEREAS, the Acting City Manager indicated that price compari-
sons for' the' services to be 'rendered were, taken, and that John G . Holland
Construttion'Company, Inc. was the low bidder.
NOW:~ THEREFORE, BE I T RESOLVED: BY THE CI TY COMM I SS I ON OF THE
CITY OF, WEST UN IVERS ITY PLACE, TEXAS:
Section 1. That the Acting City Manager was, and he is hereby,
authori zed to enter into a contract wi th John G. Holl and Construct ion U
Compa'ny, Inc.>to perfOrm the necessary tr'ench' excavation ,at the city's J
landfi11site for the price and under the terms previously submitted q
by the Acting City Manager to the City Commission.
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Section 2. That said contract was authorized under the emer-
gency provisions of the City Charter, and further that said contract was
authorized for the public health, safety and welfare of the citizens of
West University Place, Texas.
PASSED AND APPROVED this
day of
, 1979.
Motion by Commissioner Rosenbaum, seconded by Commissioner Maneval, that Resolu-
tion Number 79-47 be approved as read.
Voting Aye: All
Voting No: None
Mr. Allums responded to a question by Commissioner Ahrens regarding the cityls
liability for a dangerous sidewalk on the east of the bridge crossing Poor
Farm Ditch on the south side of University that it was his opinion that the
sidewalk was the responsibility of the city and that necessary repairs should
be made. The Assistant City Manager was instructed to request that the Direc-
tor of Public Works inspect the sidewalk and a report made to the Commission
at its workshop session on Wednesday, November 28th.
CITY STAFF REPORT: Assistant City Manager Dick Rockenbaugh advised the Commission
that Mr. Tom TarrilJion had responded to Mr. OIConnorls letter requesting
supporting documentation of charges for work done for the city and that
a copy of such letter would be forwarded to the Commission.
Mr. Rockenbaugh presented a report from the Fire Department indicating that
no problems had been encountered by emergency vehicles driving down city
streets which were congested with parked automobiles.
The Commission was advised that arrangements were being made with the Univer-
sity of Houston for the psychological testing of West University Police appli-
cants at a cost of $50.00 per candidate evaluated.
Attention of the Commission was directed to a draft of a proposed bid form
for submission of bids for remodel ing the Police Department to determine
acceptabi 1 ity. It was suggested that the 36" high .wood handrai 1 around an
exposed area of the raised platform be increased to 4211 and the bid form
forwarded to bidders.
Commissioner Ahrens stated that a number of parents had requested that they
be notified when another bicycle lane workshop is scheduled in order that
they might attend.
ADJOURNMENT: With no further business to come before the Commission at this time,
upon motion duly made, seconded and carried the meeting adjourned at 9:30 p.m.
~2ttaY~
ATTEST:
~~~
City Secretary
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REGULAR CITY COMMISSION MEETING
December 10, 1979
u
The City Commission convened in regular session at the City Hall on Monday,
December 10, 1979, 7:30 p.m., with the following members present: Mayor pro-tem
Ahrens, presiding in the absence of Mayor Cole; Commissioners Horne, Maneval and
Rosenbaum. The City Attorney and Acting Manager were also present.
The Invocation was pronounced by Mayor Pro-Tem Ahrens.
MINUTES OF CITY COMMISSION MEETING: Minutes of the regular meeting of the City
Commission on November 26, 1979, were presented to the Commission for their
consideration.
Motion by Commissioner Rosenbaum, seconded by Commissioner Horne, that minutes
of the regular meeting of the City Commission on November 26, 1979, be approved
as submitted.
Vot ing Aye: All
Voting No: None
HEARING OF RESIDENTS: Mr. Ted Bezzerides, 3409 Georgetown, appeared before the Com-
mission to express the appreciation of residentsoon Georgetown Street for the
installation of a Stop Sign at Georgetown and Westchester in accordance with
a request presented to the Commission at an earlier meeting.
In response to a question by Commissioner Ahrens, Public Works Director David [J
Eby noted that north/south traffic on College had been stopped by the in- ','.
stallation of a Stop Sign at Marlowe; that a No-Through Trucks sign had been
erected on'Wroxton; and that better Police patrol was resolving the problems
on Mercer from University to Bellaire Boulevard.
Mrs. Patrick Johnson, 3030 Amherst, requested a current status report of con-
sideration of the city1s fence ordinance. Mrs. Johnson stated that she had
discussed the erection of an eight {81) foot fence adjacent to her home and
had been advised by the Building Inspector Wayne Perry that he had been advised
to take no action on the fence ordinance pending a decision of the Commission.
Commissioner Ahrens stated that the Commission was awaiting a report of the
Zoning and Planning Commission and Zoning Board of Adjustment recommending a
number of areas that needed revisions and clarifications. Commissioner Horne
stated that during the period that eight (8~) foot fence construction was per-
mitted there was no time limit set on permits that had been issued, therefore,
there might be~'some such fences constructed under a permit issued during that
period.
Additional discussion by the Commission included a recommendation by the joint
Zoning and Planning Commission and Zoning Board of Adjustment Committee that
fence height remain six (61) feet; subsequent action by the City Commission
to accept such proposal and notification of the Inspection Department.
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Acting City Manager Dick Rockenbaugh was instructed to determine the status
of the recommendation and advise the Commission at its recessed meeting on
Wednesday, December 12th.
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Mr. William Hurst, 6445 Brompton Road, appeared before the Commission to
express his concern with the poor bus service provided by the Metropolitan
Transit Authority within West University. Mr. Hurst stated that the Bellaire
bus moves each twenty !TIin,utes whereas those riding the. Un.iversity bus gener-
ally have a wait as long as 6ne and a half hours. Commissio~er Horne concur-
red in Mr. Hurstls evaluation of the bus service and suggested that the MTA
representative for this area be contacted (Mr. Louis Alexander), and that a
litter be directed to the MTA.
CONCERNS OF THE CITY COMMISSION: Commissioner Maneval was advised that Mr. Rock-
enbaugh was to check the current status of the fence ordinance and advise
the Commission.
Commissioner Rosenbaum stated that suggestions had been made to mail Christ-
mas cards to American hostages being held in Iran and that she would like to
recommend that citizens also fly their flags in protest.
WATER WELL NO.7: Bids received for drilling water well no. 7 were opened and
results announced as follows:
Layne Texas Company
Layne-Western Company
Alsay-Pippin
5% Bid Bond
5% Bid Bond
No Bid Bond
$352,111.00
318,675.00
180 calendar days
210 caldendar days
City Attorney David Allums advised the Commission that the bid submitted by
Alsay-Pippin could be considered contingent upon a Bid Bond being furnished.
Motion by Commissioner Maneval, seconded by Commissioner Horne, that no bid
not meeting specifications be considered.
Voting Aye: All
Voting No: None
Motion by Commissioner Rosenbaum, seconded by Commissioner Horne, that further
discussion of the bids received for drilling water well no. 7 be included on
the agenda for a recessed meeting on Wednesday, December 12th, pending perusal
and recommendation of Director of Public Works David Eby.
Voting Aye: All Vot i ng No: None
1211 WATER TRANSMISSION LINE: Bids received for construction of a 12" water trans-
m i s s ion line were opened and results announced as follows:
Mainline Construction 5% Bid Bond $ 75,985.00 45 calendar days
Jalco, Inc. 5% Bid Bond 74,655.00 45 calendar days
S & C Construction 5% Bid Bond 152,664.00 45 calendar days
B & T Contracting 5% Bid Bond 78,821.00 45 calendar days
Motion by Commissioner Horne, seconded by Commissioner Maneval, that bids
received for construction of a 12" water transmission line be referred to
Director of Public Works for evaluation and a recommendation to be presented
on Wednesday, December 12th.
Voting Aye: All
Voting No: None
POLICE PATROL UNITS: The only bid received from Bob Robertson Chevrolet Company
for delivery of two police patrol units was opened and results announced
after the Commission was advised that invitations to bid had been mailed to
twenty-four automobile dealers in the area.
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Unit 1
7,119.04
1 ,400.00
5,719.04
Bob Robertson
Chevrolet
Base Bid
Trade In
Net Bid
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Unit 2
7,119.04
1,400.00
5 , 719 . 04
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Motion by Commissioner Horne, seconded by Commissioner Maneval, that the
bid submitted by Bob Robertson Chevrolet be accepted at the pr~ce quoted.
Voting Aye: All
Voting No: None
SANITATION DEPARTMENT EOUIPMENT: Bids received for delivery of two cab and
chassis units and two packer bodies were opened and results announced as
follows:
Bidder Trucks Onlv Packer Body Only Combined Unit
Davis Truck 11,600.00 29,000.00
Ambassador Equipment 13,200.00
Dyna-Tran 13,200.00
Astro Trucks 10,820.00 29,646.76
Inltl Harverster 22,205.00
World-Wide Truck 21 ,389.00
South Loop Ford 17, 194. 82
Port City Sales 11,765.00 28,495.00
Motion by Commissioner Horne, seconded by Commissioner Maneval, that bids
received for delivery of two cab and chassis units and two packer body units
be referred to Public Works Director David Eby for evaluation and a. recommen-
dation to be presented to the Commission at a recessed meeting on Wednesday, rr-l
December 12th. lliJ
Vot i ng Aye : All
Voting No: None
USED BULLDOZER BIDS: Bids received for delivery of a used bulldozer for use at
the city1s sanitary landfill site were opened and results announced as follows:
Bidder
Model - Year
Mustang Tractor
Catapillar - 1975
Plains Machinery
International-1979
Alternate #1
International-1979
Alternate #2
International-1978
Alternate #3
International-1975
Base Bid 65,000.00
Trade-In 2,500.00
Net Bid 62,500.00
Base Bid 78,500.00
Trade-In 10,000.00
Net Bid 68,500.00
Base Bid 69,000.00
Trade-In 10,000.00
Base Bid 59,000.00
Base Bid 57,000.00
Trade-In 10,000.00
Net Bid 47,000.00
~
Base Bid 53,000 '!
1.1
Trade-In 10,000.00 j ;.
, "
. Net Bid 43,000.00
35
Alternate #4
49,000.00
10,000.00
39.000.00
International-1975
Base Bid
Trade-In
Net Bid
Motion by Commissioner Maneval, seconded by Commissioner' Rosenbaum, that bids
received for delivery of a used bulldozer b~,referredto Director or Public
Works David Eby for evaluation and a recommendation to be presented to the
City Commission at a recessed meeting on Wednesday, December 12th.
Vot ing Aye: All
Voting No: None
PERSONNEL LIFT BIDS: Bids received for delivery of a personnel lift for use by
the Public Works and Community Services Departments were opened and results
announced as follows:
Lift It, Inc.
$3,995.00
80.00
4,075.00
Freight
Net Bid
The Commission was advised that a second bidder had indicated a desire to
bid on the lift, however, such bid had not been received.
Motion by Commissioner Horne, seconded by Commissioner Maneval, that the bid
received from Lift It, Inc. for delivery of a personnel lift be referred to
the Director ofiPub'l i'c Works and Community ServicesDi rector to determine that
all provisions 'of the specificat:ioRs have been complied with,and a recommenda-
tion for purchase made to the City Commission in recessed session on Wednes-
day, December 12th.
Voting Aye: All
Voting No: None
POLICE DEPARTMENT REMODELING: Bids received for minor remodeling in the Police
Department dispatching and jail areas were opened and results announced as
follows:
Acme Safe & Lock Company
F. McNier & Sbn Un t #1
. Un t #2
Un t #3
Un t #4
Un t #5
Un t #6
Un t #7
Un t #8
No Bid
600.00 +$900.00
500.00
600.00
600.00
600.00
250.00
200.00
350.00
Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that
further discussion on minor remodeling in the Police Department be reces-
sed until the meeting of the City Commission on Monday, December 17th for
evaluation and recommendation by Police Chief Frank Robinson.
'Voting Aye: All
Vot~ng No: None
TEXAS MUNICIPAL RETIREMENT SYSTEM UPDATED SERVICE CREDITS: Ordinance Number 1144
adoptiRg updatedservicectedits under the provisions of the Texas Municipal
Retirement System was presented to the Commission and read in full:
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36
AN ORDINANCE DETERMINING TO GRANT"PROVIDING FOR
AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS
MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE
CREDIT" IN SAID SYSTEM FOR SERVICE PERFORMED BY
QUALIFYING MEMBERS OF SUCH SYSTEM IN THE EMPLOY-
MENT OF THE CITY OF WEST UNIVERSITY PLACE, ELECTING,
AND PRESCRIBING THE EFFECTIVE DATE OF SUCH UPDATED
SERVICE CREDITS; AUTHORIZING AND PROVIDING FOR AL-
LOWANCE OF INCREASE IN MONTHLY BENEFITS PAYABLE BY
TEXAS MUNICIPAL RETIREMENT SYSTEM TO RETIRED EMRLOYEES
AND TO BENEFICIARIES OF DECEASED EMPLOYEES, AS CUR-
RENT SERV I CE ANNU I TI ES AND PRIOR SERV I CE ANNU I TI ES
ARISING FROM SERVICE OF SUCH EMPLOYEES TO THIS CITY.
n
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. Revised Allowance of Updated Service Credits.
On the terms and conditions set out in Section XVI I of Article 6243h
Vernonls Texas'Civil Statutes, as amended, each member of Texas
Municipal Retitement System who on'the 1st day of January, ,1980 has
creditable service in said System arising out of employment with the
City of West University Place prior to the first day of the year preced-
ing the date last above mentioned shall be, and is hereby granted an
IIUpdated Service Credit'l (as that term is defined in said Act) that
is 100% of the'I1Base Updated ServiceCreditl'of the member, calculated
as provided in said Act.'
The Updated Service Credits herein granted shall be effective
from and after January 1, 1980, and shall be in lieu of and in substi-
tution for all prior service credits and/or updated service credits
previously allowed such member.
o
Section 2. Revised Increases in Annuities in Effect.
(a) Pursuant to Section XVI I I of Article 6243h, Vernon1s
Texas Civil Statutes, as amended, the City of West University Place
hereby elects to a 11 ow and to prov i de for payment of the' increases
below specified in all monthly benefits payable by Texas Municipal Re-
tirement System after the 1st day of January, 1980 to retired employees
and to beneficiaries of deceased employees of this City under current
service annuities and prior service annuities arising from service of
such employees to this City, and i~effect prior to the date last above-
mentioned.
'1'..
(b) Each such monthly benefit for the month of January, 1980,
and each month thereafter shall be increased by 30% above the amount
of the regular benefit (as distinguished from any supplemental or dis-
tributive benefit) in effect for the'month of December, 1979.
Section 3. The granting of I1Updated Service Credits" as pro-
vided in Section 1 above and the granting of increases in annurties in [J
effect, as provided ln Section 2, above, shall be conditioned upon .~
and subject to approval by the Board of Trustees of Texas Municipal Re-
tirement System as provided in the act governing said system. I
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PASSED AND APPROVED thl~
day of
; 1980.'
Motion by Commissioner Rosenbaum, seconded by Commissioner Maneval, that
Ordinance Number 1144 be approved as read.
Vot i ng Aye: All
Voting No: None
HOUSTON-GALVESTON AREA COUNCIL: Resolution Number 79-48 designating the city.s
delegate and alternate delegate to the Houston-Galveston Area Council was
presented to the Commission and read in full:
WHEREAS, City Officials:have determined ,that it is in the best
interest of the citizens of this city to contlnue its membership in the
HOUSTON-GALVESTON AREA COUNCIL; and
WHEREAS, the By-Laws of the Houston-Galveston Area Council
requires the appointment of a duly elected representative of each of
the governmental units for the year 1980.
NOW, THEREFORE, BE IT RESOLVED BY THE CITYCOMM1SSfON OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS: .
Section 1. That CdmmissionerValRosenbaum be and'she is
hefeby;"de~i~nated as )ts repre~~ntatlve to,the General Membe~ship Body
of the Hbuston-GalVeston Area'C6uncil for' the year 1980.
Section 2. That the official Alternate authorized to serve
as the voting delegate should the hereinbefore'nsmed delegate become
ineligible, absent, or should she resign, is Commissioner John Maneval.
Section 3. That the Executive Director of the Houston-Galves-
ton Area Council be notified of the designation of the'herei~above
named delegate and alternate.
PASSED AND APPROVED this
day of
, 1979.
Motion by Commissioner Maneval, seconded by Commissioner Horne, that Resolu-
tion Number 79-48 be approved as read.
Voting Aye: All'
Voting No: None
The Commission was presented an invoice in the amount of' $532.68 for the cityls
membership dues in the Houston-Galveston Area Council fo'r'1980.
Motion by Commissioner Maneval, second€d by Commissioner Horne, that an in-
Voice in the amount of $532.68 for 1980 Houston-Galveston Area Councilmem-
bership dues be approved forpaym~nt~
Vot i ng Aye: All
Voting No: None
COMPENSATION PLAN FOR 1980: A compensation plan for the fiscal year 1980 and a
compensation plim for Public Safety employees were presehted to:th~ Commis-
sion for consideration.
, ',' l'
Following the detection of an error in the computation of the proposed com-
pensation plan for public safety employees, the city staff was instructed
to make necessary corrections.
"'''''''
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Motion by Commissioner Horne, seconded by Commissioner Maneval, that con-
sideration of compensation plans for the fiscal year 1980 be recessed until
the meeting of the City Commission on Monday, December. 17th at which time U
remodeling of the Police Department dispatch and jail area will also be
considered.
Voting Aye: All
Voting No: None
STREET DEPARTMENT CAB & CHASSIS UNIT: The Commission was advised that a cab and
chassis for use in the city.sStreet Department'which had previously been re-
fused because of a frame problem had now been corrected and consideration
should be given to the approval of an'invoice in the amount of $13,277.39 sub-
mitted by Trucks'of Texas for delivery of the unit.
Motion by Commissioner Maneval, seconded by Commissioner Horne, that an
invoice in the amount of $13,277.39 submitted by Trucks of Texas for delivery
of a cab and'chassis unit be approved for payment' in accordance with the re-
commendation of Street Superintendent A. L. Bearden.
. Vot i ng Aye : AlL
Voting No: None
CONSTRUCTION OF MINI-BASKETBALL COURT AT JUDSON PARK. In accordance with instruc-
tions.oLthe City Commission at the.time no bids were, received for the con-
structJon ofa mini-basketball court ~t Judson Park, addition~l concrete con-
tractors had been contacted, and a request presented to're-advertise the pro-
ject.
Motion by Commissioner Horne, seconded by Commissioner Maneval, that the city.s 0
staff be authorized to re-advertise for bids for the construction of a mini-
basketball court at Judson Park.
Voting Aye: All
Voting No:, None
ENGINEERING DEPARTMENT VEHICI F REOIIFST. The Commission was advised that the 1980
budget included $6,000 for the purchase of an automobile for use of the Engi-
neering Department and a request presented to advertise for bids for delivery
of such unit.
Discussion by members of the Commission included the available of a vehicle
for,use by the Director of Public Works at the present time; the previous
assignment of such unit to the position of Health Agent which position is
vacant at the present time; and the lack of necessity for purchase of another
automobile at this time.
Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that ad-
vertising for bids for purchase ofa vehicle for use of the Public Works
Department be deferred pending employment of, an employee to fill the position
of Health Agent.
Voting Aye: All
Voting No: None
COMMUNITY BUILDING REMODELING: In accordance.with. instructions Of the City Com- C
mission discussion of plans for remodeling at the Community Building to pro-
vide additional space for use by the Senior Services Department was included
on the agenda.
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Discussion included presentation of a letter by Commissioner Rosenbaum which
had been received from Mr. Lloyd Flynt, Chairman of the Council on Aging,
the possibility of Community Services Director Tom Carson moving his office
to Colonial Park and the exchange of space used by the Recreation Department
and Senior Services Department; and the possibility of using a residence
owned by the West University Baptist Church for the Senior Services Depart-
ment.
Motion by Commissioner Maneval, seconded by Commissioner Horne', that Mr.
Rockenbaugh obtain from the Director of Senior Services'Department her re-
commendations in a form not subject toi:r:.g misunderstood accompanied by the
proposal to be presented together with drawings; and this item rescheduled
for the next regular meeting of,the Commission w,ith any interveing workshop
se'ss ions that 'may b'e neces'sary.
Voting Aye: Horne
Maneval
Rosenbaum
Voting No: Ahrens
BOARD AND COMMITTEE MEETING MINUTES: The following minutes of Board and Committee
-meetings were presented to the Commission fortheirinformation~
Meeting of Zoning Board of Adjustment on November 28, 1979
Meeting of Zoning and Planning Commission on November 8, 1979
Meeting of Elect.rical Board on November 19, 1979
LEGAL MATTERS: City Attorney David Allums advised the Comm:ission'that 'the city
had been named in a su i.t f i 1 ed by the' Ci ty of, Hbuston vs Ani ta Rhodeh,eaver,
County C,lerk bf Harris County' involving the election of n~ne. members of. the
Harris County Tax Appraisal District, noting that he would 'provide details
of the suit at the regular meeting of the Commission on December 29th.
STAFF REPORT: Mr. Rockenbaugh advised the Commission that he had no further items
for their consideration at this time.
ADJOURNMENT: W'ith no further business to come before the Commission at this time,
upon motion duly made, seconded and carried, the meeting was recessed at
9:45 p.m. until 7:30 p.m., Wednesday, December 12, 1979.
Cfm;'~7Jt~
. Mayor Pr,o-Tem'
ATTEST:
fG{ec~
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.'
RECESSED CITY COMMISSION MEETING
, December 12'l 1979',.
n
The City' Commission convened. in recessed session at the City Hall on Wednesday,
December 12, 1979, 7:30 p.m., with the following members present: Mayor Pro-Tem
Ahrens presiding in the absence of Mayor Cole; Commissioners Horne0and Rosen-
baum.The Acting City Manager was,also present. Commissioner Maneval and the
City Attorney were absent.
Commissioner Ahrens called themeetiog to'order, stating that the purpose of the
meeting was to consider items that had been recessed from,the regular meeting of
the City Commission on 'M0nday';~Decerhber lQ" 19'79'.; '. (-=",di;;Y ,::;::;.::! :;" ;,"i';'
COMPENSATIQN PLAN FOR 1980:
Public Safety employees
tions of the Commission
employees.
The Commission wa's presented a compensation plan for
which had been corrected in accordance with instruc-
and a compensation plan for the remaining municipal
Motion by Cbmmissioner, Horne,: seconded by Commissioner, Rosenbaum, that the
compensation plan for Public Safety employees dated January 1, 1980, be ap-
proved as submitted.
Voting Aye: All
,Voting No: None
Motion by Comm'issioner Horne, seconded by Commissioner Rosenbaum, that the
City Commi ss i on adopt the compensat ion plan for the rema:i n ing mun i c i pa 1 0
employees as proposed by the administration, with the, understanding that .
it be readJusted to reflect that Public Safety personnel is included else-
where. '
Voting Aye: All
Voting No: None
WATER WELL NO.7: The Commission was presented the following recommendation
from Langford, Engineering Company, regarding bids received foridrilling
water well #7 with which Director of Public Works David Eby concurred:
Bids for subject project were received at the City Commission
meeting at 7:30 p.m., Monday, December 10, 1979 and subsequently
read in public. Three bids were received, but the bid of
Alsay-Pippin Corp. was rejected because a bid security was not
submitted.
The bids accepted, in order from low to high, with the total
amount bid and the calendar days required for construction are
as follows:
Bidder
Amount Bid
Calendar Days
Layne Western Co., Houston
Layne-Texas Co., Houston
Alsay-Pippin Corp., Houston
$318,675.00 210
352, 111 .00 180
Rejected (No bid security)
n
The bid documents accompanying the low bid were examined and
found to be in order.
41
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Therefore, we recommend that the project entitled JlConstruction
of Water Well No.7, Job. No. 119-01, Contract No. ]II be awarded
to Layne-Western Company, Inc., 5931 Brittmoore Road, Houston,
~'.,:T~xa~177041~'on th~:ba~is,of their low bid in the amount of
Three Hundred Eighteen Thousand, Six Hundred'and Seventy-Five
Dollars ($317,675.00), with a completion time of two hundred and
ten (210) calendar days.
In response to a question regard:ing official action to award the bid to
Layne-Western Company, Inc., for drilling water well no. 7, the Commission
was advised that City Treasurer Patrick O'Connor would be required to pro-
vide a Certification that funds'were'av~ilable for the' project. . Mr~ OIConnor
presented the following report for consideration by the Commission:
Water Well #7; budgetary authority and funding options
A.
Back~round: The City Commission has accepted bids and will
consider awardingcontr~ct~ for Wat~r Well #7 and its trans-
mission lines at a total approximate expense of $400,000.00.
B.
Bud~etary Authority: There is no allocation of funds in
either the current operating 979 budget or in the approved
1980 budget 'for expenditure on Water Well #7 or Its trans-
mission lines.
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The sum of money required is so' large that it cannot be'
allocated from unexpended allocations in the'current
operating 1979 budget without exceeding the total authorized
expenditure limitations of the 1979 budget ordinance as ii
relates to the Water Sewer Fund expense departments. In short,
I cannot certify that the funds are available in the operating
budget of the Water Sewer Fund. I t appears, therefore~ that it
will be necessary that the City Commission appropriate by ordi-
nance the required money out of retained earnings and/or from
proceeds 'of borrowed funds.
C.
Funding:
1. From retained earninqs: As of the end of 1978, the retained
earnings of the Water Sewer Fund amounted to $340,000~ At the
end of 1979, I project the retained earnings balance (which is
a balance free of encumberances, reserves or appropriations)
will exceed $400,000 by up to $25,000. If the Cbmmission wished
it could appropriate those funds for the Water Well #7 and the
transmission lines, leaving a very small balance in the retained
earnings account at year end. Such an appropriation would be
appropriate if theuommissionwished the City to use its cash to
pay for the water w~ll ~nd transmi'ssion lthes.
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2. From proceds of a loan from Chemical Bank: Under our agreement
with Chemical Bank, we'can bor.row all or any part of the funds
needed for this project at very low interest rates~
Chemical Bank will lend the City this money at 54% of the current
rates in effect for U. S. Treasury Notes of the same maturity as'
the proposed loan, for a period of between one and fifteen years.
Based on today1s Treasury Notes rate quotations in the Wall Street
Journal, the rate we would pay would be as follows:
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42 Period of Loan ' Interest Rate
3 years 5.59%
5 years 5.55%
10 years 5.64%
15 years 5.58%
These rates compare very favorably with rates quoted for triple A rated
tax free b.onds in the long-term bond market 'at ,6.4,% for 15 years.'
I recommend that we not deplete the, retained earnings' account and our
liquid assets to a v,ery small balance for two reasons: '
a) Our near-cash liquid assets are valuable in emergencies.
b) Our near-cash assets are currently earning interest from certificates
of deposit at over 12%.
I recommend that we either borrow
from Chemical Bank, or, at least,
funds be borrowed and the balance
earn i ngs.
a 11 the r,equ i red funds for the proj ect
a substantial portion of the required
be funded with monies charged to retained
Motion by Commissioner Horne, seconded by Commi ssioner ,Rosenbaum, that the
City Attorney be instructed to prepare an ordinance for consideration by the
Commission authorizing the borrowing of $350,000 from Chemical Bank at five
years retirement for consideration at a recessed meeting of the Commission
on Monday, December 17, 1979.
Vot i ng Aye:' All
,Voting No: None
the Commission was presented the following recommendation from Langford Engi-
neering Company, regarding construction of a 12~' water transmission line with
which Dtrector of Public Works.David Eby concurred.,
Bids for subject project were received at the City Commission
meeting at 7:30 p.m., Monday, December 10, 1979 and subsequently
read in public. Four bids were received on this project. The
bids were checked for errors in arithmetic and those containing
errors were corrected. The correction of errors did not change
the order of the bidders. The bids, in order from low to high
with corrected total amounts of bid are as follows:
Bidder
Amount Bid
Ja 1co, I nc.
Mainl ine Constr. Co." Inc.
B & T Contracting, Inc;
S & C Const~uction.Co.
74,160.00
75,960.00
78,821.00
152,664.00
Houston
Spring
Sugarland
,Houston
The completion time for this project was specified as forty-five
(45) calendar days. Thus time is not a ctinsideration in the
award of this project.
The,bid documents accompanying the low'bid'were examined and
found to be in order.
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Therefore, 'we recommend that the project entitled, IIConstruction
of 12" AC Water Transmission Line, Job. No. ,119-01, Contract No.
211 be awarded to Ja 1co, I nc., P.O. Box 27368,. Hous ton, Texas
77027, on the basis of their low bid in the amount of Seventy
Four Thousand, One Hundred and Sixty Dollars ($74,160.00) with
completion time of forty-five (45) calendar days.
Motion by Commissioner Rosenbaum, seconded by Commissioner Horne, that agenda
itesm 2 and 3 be recessed until Monday, December 17,,1979.
Voting Aye: All
Voting No: None
Mr. Tom Barnes, representative of Layne-Western Company, expressed the
appreciation of his firm and stated that he looked forward to working with
the C i tyComm i ss ion and wou 1 d be happy to exp 1 a i n the d rill i ng process to
members of the Commission as it progressed.
SANITATION DEPARTMENT EQUIPMENT: The following tabulation of bids received for
delivery of two cab and chassis units and, two packer body: units were pre-
sented to the Commission together with a 'recommendation of Publ'ic Works
Director for award of a contract for purchase of the units:
Bidder
Packer Body
Cab & Chass is'
, Complete Unit
Dyna Tran'
Davis Truck & Equipment
Ambassador Equipment
Astro
Port City'
World-Wide Trucks, Inc.
International Harvester
South Loop Ford
, 13.; 200.00
11,600.00
13,200.00
10,820.00
,11.,765.00
1 T, 380 .,00
29,000.00
17, 130.00
21,389.00
22,205.00
1.], 194.00
28,495.00
I have enclosed a tabulation of the bids as received Mohday night,
December 10, 1979.
I am recommending that we accept the bids as follows:
Astro-Truck, Packer Body ;
Port City. Ford'
10",820.00
17.1i'0.00
27,950.,00
Total
This bid is for two units
Tota 1
55,900.00
Motion by ,Commiss'ioner Horne, seconded by Commissioner Rosenbaum, that the
recommendation of Director of Public Works David Eby dated December 12, 1979,
be approved and two cab and chassis units be purchased from Port City Ford
at a net 'delivered'cost of $34,200.00 and two packer bodyunlts be pu~chased
from AstroTrucksata net delivered cost of $21,640.00
Voting Aye: All
Voting No: None
USED BULLDOZER BIDS: The Commission was advised that Director of Public Works
David Eby had requested that discussion on this item be recessed until
Monday, December 17th in order that he might personally inspect each of
the unHs bid.
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44
Motion by Commissioner: Horne, seconded by Commissioner Rosenbaum, that
consideration of bids, submitted for delivery: of a used bulldozer be
recessed until Monday, December 17th.
Vot ing Aye: All
Voting No: None
PERSONNEL LIFT: The Commission was advised that the bid submitted by Lift It,
Inc. had been rev'iewedand the following recommendation received from
Director of Commun:i ty Serv ices. Tom Ca rson::
I have reviewed the model which was bid by Lift-a, Inc., and
have concluded, after careful consideration, that this model
meets all the requirements we included 'in our specifications.
Therefore, I am recommending to the City Commission that the bid
submitted by Lift-It, be accepted.
Motion by Commissioner Horne~ th~t the personnel lift bid as submitted
by Lift-It", Inc. for the sum of $4,075.00 as recomm~nded by' Director
of Commuhity Services Tom Carson and Director, of Public Works D'avid Eby
be accepted.
Commissioner Ahrens passed the Chair to Commissioner Rosenbaum and seconded
the motion, adding an amendment that cost of the personnel lift be funded
50% each by the Community Services Departm~nt and the Public Works Department,
and that the phys ica l ma i ntenance and cane of the: personnel 1 i ft' be under
the jurisdiction of the Street Department.
Commissioner Ahrens resumed the Chair and requested a vote on the amendment
to the motion.
Voting Aye: An
Voting No: None
Voting on the motion as amended.
Voting Aye: Ahrens
, Horne
Voting No: Rosenbaum
FENCE ORDINANCE: Tl:i,e Commission was advised that the recommendation of the joint
Zoning and Planning Commission and Zoning Board of Adjustmen,t Ad Hoc Committee's
recommendation regarding fence height had been discussed a number of times at
various workshop sessions of the City Commission but no official action
had been take~. A report submitted by Building Inspector Wayne Perry indicated
that two eight (81) foot fences had been constructed without a permit; that
four residents had obtained fence permits which had been violated by the con-
struction of eight (81) foot fences; and that there were five residents await-
ing a' decision by theCi,ty Commissi.on prior to, making appl icationsfor the con-
struction of fences.
Motion by Commiss~bner Horne~ seconded bytommissioner Rosenbaum, that the re-
commendation of the Ad Hoc Committee be accepted and fence heights within the
city remain at the current six (61) foot level.
Voting Aye: All
Voting No: None
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CITY COMMISSION CONCERNS: Commissioner Ahrens noted that items 2, 3 and 5
included on the .:tgendahad been recessed until Monday, December 17th as
well as consideration of bids received for remodeling in the dispatch and
jail areas of the Police Department which had been previously recessed.
STAFF REPORT: Acting City Manager Dick Rockenbaugh reported that he had no matters
for cons'ideration by the Commission at this time.
RECESS: With no further business to come before the Commission at this time, upon
motion duly made, seconded and carried, the meeting recessed at 9:30 p.m.
until 7:30 p.m., Monday, December 17, 1979.
, /7"... /1 k' /7 P' -....
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ATTEST:
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CJTY,COMMI$S~O~,,~ECESSED,MEET~NG
. . . 'December' 17; , 1979
The City Commission convened i~ recessed, session at the Clty Hall on Monday,
December 17, 1979,7:30 p.m., with the following members present:, Mayor Cole,
presiding; Commissioners Ahrens, Horne and Rosenbaum. The City Attorney and
Acting City Mpnagerwere;also pres~nL Commi,ssionerMalleval ,was absent.
, , ,
Mayor Cole called the meeting to order and announced that the.r:-ecessed meeting was
to consider itms that had been recessed from the regular meeting of the City Com-
mission on December 10, 1979, and a recessed meeting on December 12, 1979.
City Attorney David Allums advised the Commission that he had been instructed to
prepare an ordinance whereby a contract could be awarded for the drilling of water
well #7 and the construction ofa '1211 water transmission 1 ine with the sum of
$350,000 borrowed from Chemical Bank for a period of five (5) years with the
balance being paid from retained earnings. Mr. Allums stated that he had en-
countered some problems which he had not resolved at this time regarding the
establishment of a reserve fund for repayment of the proposed loan and the probable
necessity of amending the budget for 1980. Mr. Allums apologized to members of the
Commission and bidders on the two projects, requesting that further consideration
be recessed until the next regular meeting of the Commission scheduled ,for ,Decem-
ber 29, 1979.
Voting Aye: All
Voting No: None
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Motioii':by Commissioner Horne, seconded by Commissioner Ahrens, that further consi- []
deration of bids received for the construction of a 1211 water transmission line !i, I
be recessed until the next regular meeting of the City Commission on December 29,
1979.
Voting Aye: All
Voting No: None
The Commission was presented the following recommendation from Director of Public
Works David Eby for purchase of a used bulldozer for use at the city.s sanitary
landfill site:
I am recommending the purchase of one 1975 Internationa TD15 bulldozer,
serial number 2480 @ $39,000.00 including trade-in of one International
TD15C 1967 model.
This was the bid as submitted by Plains Machinery, Inc.
Clarification of the recommendation indicated that Plains Machinery, Inc. had
submitted a bid on a total of five (5) units and the recommendation was for de-
livery of Alternate #4, a used International TD15C Crawler Dozer; 1975 model,
serial number 15470; 525 hours on hour meter. It is working and believe this to
be correct. Gross bid price is $49,000, with a $10,000 trade-in for a net de-
livered price of $39,000.
Motion by Commissioner Horne, seconded by Commissioner Rosenbaum, that the recom-
mendation of the Director of Public Works be accepted and the City Commission
authorize purchase of a 1975 model International TD15C Crawler Dozer from Plains
Machinery, Inc. for a total delivered price of $39,000.
Voting Aye: All
Voting No: None
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Mrs. Nancy Thompson, 4103 University B6ulevard, advised the Commission that there
was too much traffic through her front yard. Mrs. Thompson reported numerous in-
stances where motorists had gone through her front yard subsequent to the removal
of a barrier that had been located in the parkway at the side of her residence
at Academy and University wher~ there is an off-set in the street right-of-way.
Discussion by members of the Commission included the feasibility of signing to
direct attention of motorists to the off-set, the installation of another barrier,
and the desirability of referring the request to the Chief of Police and Traffic
Engineer for a recommendation.
Chief of Police Frank Robinson reviewed the only bid received for proposed renova-
tions and additions to the Police Station, noting that the only bid received in the
amount of $4,600, which included all alternate proposals, was less than had been
estimated for the project. Chief Robinson directed attention to the sLfbstitution
of a H,II plexiglass rather than a 3/411 lexan and to the proposed locatibn of the
four (4) intercom remote stations.
Motion by Commissioner Horne, that-the City Commission accept the proposal from
Forest W. McNeir & Son for renovations and additions to the Police Station at a
total bid price of $4,500.00. Motion seconded by Commissioner Ahrens with an amend-
m~nt that item 3 (Furnish material and construct raised platform approximately 63 x
9b x Hi. high. 5/8" plywood deck to be covered with asphalt tile to match existing
floor. Platform to be designed to support 40 lbs/sq. ft. live load and item 8 .
(Alternate #2 - Provj:ded 42" high wood handrail around exposed areas of raised plat-
form, bid Item #3, allowing a 31-0" walkway on west side) be deleted.
Amendment to the motion died for lack of a second.
Voting Aye: Cole
Horne
Rosenbaum
Voting No: Ahrens
In accordance with instructions of the City Commission, CitY'lTreasurer Patrick
O.Connor presented each member of the Commission a status and histo.ry report
on General Revenue Sharing Funds for the period 1974 to 1979.'
Mr. O'Connor also presented members of the Commission with the first version of
a weekly report to be submitted by Mr:Dan L. Fickes, Vice-Pres1dent, Decision
Research, Inc., which firm had been engaged by the Commission for data processing
consultation services. It was noted that further discussion of this item will be
included on the agenda fora workshop session of the Commission on Wednesday,
December 19, 1979.
With no further business to come before the Commission at this time,:upon motion
duly made, seconded and carried, the recessed meeting of the City Commission on
December 17, 1979, adjourned at 9:30 p.m.
Following the meeting of the Commission a general discussion regarding rabies con-
trol in the greater Houston Area resulted in Chief Robinson being instructed to pre-
pare for presentation to the Commission'a program he desires be implemented.
ATTEST:
~ rXt.1rLA1 /
City Secretary
r/J? t%-
. Mayor .
48
REGULAR CITY COMMISSION MEETING
December 29, 1979
The City Commission convened in regular session at the City Hall on Saturday,
December 29, 1979,9:30 a.m., with the following members present: Mayor:Cole,
presiding; Commissioners Ahrens, Maneval and Rosenbaum. The City Attorney was
also present. Commissioner Horne and Acting City Manager Rockenbaugh were out
of the city.
The Invocation was pronounced by Commissioner Maneval.
MINUTES OF CITY COMMISSION MFFTINGS. Minutes of the regular meeting of the City
Commission on December 10, 1979, and recessed meetings on December 12, 1979
-,", and December 17, 1979, were presented to the Commission for consideration.
Motion by Commissioner Ahrens, seconded by Commissioner Rosenbaum, that
minutes 9f the regular meeting of the City Commission on December 10, 1979,
and recessed meetings on December 12, 1979 and December 17, 1979, be ap-
proved as submitted.
Voting Aye: All
Voting No: None
HEARING OF RESIDENTS: Ms. Joan McCay, 3029 Carnegie, advised the Commission that
she had recently had some work done at her home and that a city Building In-
spector came into the house without ringfng the doorbell. Ms. McCay pro-
, tested a practice of the Inspector not determining if the home owner is on
the premises and announcing himself, noting that as owner of the property she
should know who is on the premises at all times. Ms. McCay stated that work
was performed by Co-Temp Contractors the week prior to Chrrstmas.
CONCERNS OF THE CITY COMMISSION: Commissioner Ahrens recommended that by January
31st, the city either return or dissolve its membership in the Briar Club.
Mayor Cole stated that the only method available for disposing of the member-
ship was to offer it for sale to someone else and that monthly dues would have
to be paid until the membership had been sold.
City Attorney David Allums was instructed to investigate methods by which the
city could retain the membership on a limited, non-use basis or to dispose of
such membership.
Motion by Commissioner Ahrens, seconded by Commissioner Rosenbaum, that the
city dissolve or return its membership in the Briar Club by January 31, 1980,
and discontinue payment of a monthly membership fee.
Voting Aye: Ahrens
Rosenbaum
Voting No: Maneval
Cole
HOUSTON LIGHTING & POWER COMPANY RATE INCRFASF RFQIIFST. The Commission was advised
that Mr. LeRoy Gardner, District Manager, HL&P, was on vacation and would not
be present to discuss such company's request for a rate increase which had been
filed with the Public Utilities Commission.
EXERCISE MATS: In accordance with previous action of the City Commission, bids re-
ceived for delivery of fifty (50) exercise mats were opened and results an-
nounced as follows:
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ashman Athletic Goods
Pasadena Sporting Goods
Persenaire P&R Products
$34.37 each
23.00 each
23.00 each
Motion by Commissibner Maneval ,seconded by Commissioner Ahrens, that bids
received for delivery of fifty (50) exercise mats be referred to Community
Services Director Tom Carson for evaluation and recommendation.
Voting Aye: All
Voting No: ' None
POLICE PATROL UNIT PROTECTIVE CAGES: Bids received for de"l ivery of two (2) pro-
tective cages for installation in police patrol units were opened and results
announced as follows:
M-S Sales
Modus Operandi
269.00 each
246.75 each
Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that bids
received for delivery of two protective police patrol unit cages be referred
to Chief Robinson for his evaluation and recommendation.
Voting Aye: All
Voting No: None
CONSTRUCT ION OF JUDSON PARK M I N I ",:,BASKETBALL COURT: I n accordance wi th i nstruct ions
of the City Commission additional bidders had been solicited for the construc-
tion of a mini-basketball court at Judson Park, however, only one (1) bid had
been received which was opened and results announced as follows:
Clyde Beason
$10;500.00
Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that the bid
received for construction of a mini-basketball court at Judson Park be re-
ferred to Director of Community Services Tom Carson for evaluation and re-
commendation.
Voting Aye: All
Voting No: None
TAX ROLL CERTIFICATION: The Commission was advised that City Tax Assessor/Collector
Joe Harris had been unable to secure signatures of members of the Tax Board
of Equalization on the Tax Roll and this item will be included on the agenda
for the next regular meeting of the Commission.
WATER WELL NO.7 AND 1211 WATER TRANSMISSION LINE: Ordinance Number 1145 was pre-
sented to the Commission and read in full:
AN ORDINANCE AMENDING ORDINANCE NUMBER 1140 WHICH
APPROVED THE BUDGET OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS FOR THE FISCAL YEAR BEGINNING JANURY 1,
1980, AND ADOPTED ON AUGUST 29, 1979.
WHEREAS, 'the City Commission of the City of West University
Place, has on certain dates and occasions found it necessary, worthwhile
and expedient to ~xpend fuhds of the city for the best interest and
welfare of its citizens for items which were not included in the original
budget; and
WHEREAS, it is the desire of the City Commission to increase
various items of income and expenditure known to be in excess of the
50
amount provided for in the original budget, so that the amount of
additional expenditure may be offset 'by a like amount of additional
income.
NOW, THEREFORE,. BE IT ORDA I NED BY THE CITY COMM I SS I ON OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS:
u
Section 1. That the Budget of the City of West University
Place for the 12-month period beginning January 1, 1980 and ending
December 31, 1980, as heretofore adopted be, and it is hereby, amended
':'::; .~ :-to ~ prov,iJ(!le::JfdrtaddH i 0n~bexpend<i:tures ratld::r;evenues,,' fhom' 'tberWat'er;fSewer
Fund as shown by' the following schedule:
Additional Expenditures - Water/Sewer Fund
Water Department
, ,
. Water Well #7
Water Transm i ss ion' Une
318,675.00
74,655.00
Section 2. ADDITIONAL INCOME. The City Commission hereby
determines, it advisable to. revise and alter the items of the budget to
increase the total expenditure and also reallocate the total anticipated
, ,i ncoine so that the tota,l means of f i hanc i ng the Budget sha 11 equa 1 in
amount thi aggregate pioposed expenditures.
Section 3. The additional income required for reVISions of the
budget is hereby appropriated and approved by allocation of retained ~
earnings in the Water/Sewer Fund. U
Section 4. This ordinance shall become effective immediately
from and after -its passage and ~pproval, and the 1980 budget amended
accordingly.
PASSED AND APPROVED this
day of
, 1979.
Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that
OidihanceNo. 1145 b~ approv~d as read~.
Vot i ng Aye: ' All
Voting No: None
Ordinance Number 1146 was presented to the Commission and read in full:
AN ORDINANCE FIN~ING THAT THE CITY TREASURER HAS CERTIFIED
THE AVAILABILITY OF FUNDS IN THE WATER/SEWER FUND, RETAINED
EARNINGS ACCOUNT, TO PROCEED WITH THE CONSTRUCTION OF WATER
WELL #7 AND RELATED WATER TRANSMISSION LINE; APPROPRIATING
THE SUM OF $393,300.00 FOR THE SOLE PURPOSE OF PAYING FOR
WATER WELL #7 AND RELATED WATER TRANSMISSION LINE; AUTHORIZ-
ING THE MAYOR TO EXECUTE IN BEHALF OF THE CITY A PROMISORY
NOTE WITH ONE OF THE ClTy.IS DEPOSITORY BANKS FOR A PORTION
OF 'SAID $393,300.00; PROVIDING FOR THE REPAYMENT OF SUCH Ui.,'.
AMOUNT SO BORROWED; AND PROVIDING THAT NO 'TAX BE LEVIED
SfNCE FUNDS HAVE BEEN PROPERLY APPROPRIATED AND DESIGNATED
FOR THE REPAYMENT OF SUCH DEBT AUTHORIZED HEREIN TO BE
CREATED.
51
n
WHEREAS, the City Commission has heretofore determined that
certain improvements, including a new water well and a 12" water trans-
mission line, are required to assure an adequate water supply system for
'the CHy..of West University Place; and
WHEREAS" bids have been received from qual ified bidders for
said projects and have been reviewed by the City Commission; and
WHEREAS, he'city must provide for funding of said projects
prior to the award of the contracts for such projects; and
WHEREAS, Article 23, Section 1 of the Home Rule Charter of the
City of West University Place specifically permits and authorizes the
issuance of promisory notes for the purpose of borrowing money on the
credit of the city for permanent public improvements; and
WHEREAS, the City Commission has considered funding the pro-
ject partly in cash and partly from borrowed funds from one of the city's
banklng depositories.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS:
o
Section 1. That the City Treasurer has certified the avail-
ability of funds in the Water/Sewer Fund, Retained .Earnings Account, suf-
ficient to fund both the wate well #7 and the related water transmission
1i ne proj ects.
Section 2. That the sum of $393,300 is hereby appropriated for
the sole and exclusive purpose of paying for said projects, or in the
alternative for repayment of any indebtedness created by the city for
funds used in the direct payment of the two contract amounts.
Section 3. That the city has determined that it will be advanta-
geous to borrow from one of its depositories a portion of the $393,300 to
pay for the direct construction costs of the. two projects, and should
said loan be determined to be in the city.s best interest said loan shall
be negotiated on terms most advantageous to the city.
Section 4. That James M. Cole, Mayor of the City of West Uni-
versity Place, Texas, be, and he is hereby, authorized to execute a promis-
ory note on behalf of the city, on or after the date this ordinance is
approved, payable to Chemical Bank of Houston or any other city deposi-
tory, in the principal amount'not to exceed $350,000 at the interest rate
most favorable to the city in accordance with depository bank bids and
witha maturity date of December'31, 1980.
n
Section 5. The amount so borrowed that is secured by the
city.s promisory npte, together with the additional funds totaling the
amount of the tWCL cont racts. s:ha 1 Lbe depos i ted in an account des i gnated
as Water Well'#7Construction Fund of the qty of West University Place,
Texas, and said amounts deposited at the'lending depository bank and
said funds used'for the direct 'payment of the construction contacts.
Section 6. ' That repayment of any sum so borrowed and any
accrued interest thereon shall be made from the Water/Sewer Fund, Re-
tained Earnings Account, which has heretofore been appropriated and
52
designated for the sole purpose of paying for the construction of water
well #7 and the related transmission line project.
Section 7. That in view of adequate :monies having been ap- U
propriated for repayment of any debt authorized to be created herein,
no additional tax need be levied for repayment of the proposed in-
debtedness.
Section 8. That this ordinance sball take effect and be in
force from and after its passage and approval by the City Commission.
day of
, 1979.
PASSED AND APPROVED this
Ordinance Number 1.147 waspreserited to the Commi.ssion and read in full:
AN ORDINANCE FINDING AND DETERMINING THAT ALL PROCEEDINGS
HAVE HERETOFORE BEEN COMPLETED AND ALL THINGS DONE PRE-
REQUI.SITE ,TO EXECUTION OF A CONTRACT FOR DRILLING OF A
. WATER WELL AND CONSTRUCT! ON OF A 12" WATER TRANSM I SS ION
LINE; AUTHORIZING THE EMPLOYMENT OF LANGFORD ENGINEERING
INC. TO PREPARE PLANS AND SPECIFICATIONS FOR THE DRILLING
OF A WATER WELL AND CONSTRUCTION OF A 1211 WATER TRANSMISSION
LINE; REFERRING BIDS TO LANGFORD ENGINEERING, INC: AND THE
DIRECTOR OF PUBLIC WORKS FOR TABULATION AND RECOMMENDATION
APPROPRIATINGTH~ NECESSARY FUNDS IN ORDER TO AWARD A CON-
TRACT; APPROVE AND ACCEPT THE CONTRACT, PERFORMANCE BOND
AND INSURANCE IN CONNECTION WITH SAID IMPROVEMENTS; AWARD
A CONTRACT TO LAYNE-WESTERN COMPANY, P. O. BOX 79060, HOUSTON,
TEXAS FOR DRILLING SAID WELL; AWARD A CONTRACT TO JALCO, 0
INC., 3233 WESLAYAN, HOUSTON, TEXAS FOR CONSTRUCTION OF
SA I D 12" WATER TRANSM I SS I ON LI NE; AND AUTHOR I ZING EXECUTI ON
THEREOF BY THE MAYOR OF THE CITY OF WEST UNIVERSITY PLACE,
TEXAS.
WHEREAS, the City Commission has heretofore determined that
certain iniprovements, including a new water well and 12" water transmission
line, are required to assure an adequate water supply system for the City
of West University Place; and
WHEREAS, on October 23, 1978, the City Commission of the City
of West University Place "employed Langford Engineering, Inc. to prepare
plans and specifications for drilling a water well and construction of a
12" water transmission 1 ine; and
WHEREAS, plans and specifications prepared by such project by
Langford Engineering, Inc. were accepted and subsequently bids received
from three (3) bidders on December 10, 1979, with one bid being rejected
for failure to conform to the requirements set f~rth in the Technical
Specifications for drill ing of a water well; and
WHEREAS, bids were received on December 10, 1979, from,four (4)
bidders for construction of a 12" water transmission line; and
'WHEREAS, bids on each proj ect were referred to the proj ect en- U
gineer, Mr. Matt Cannon, Langford Engineering, Inc. andJtheDirector of
Public Works for tabulation and recommendation.
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53
NOW, THEREFORE, BElT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. That the City Commission does hereby find and de-
termine that each of the proceedings herein outlined have been duly
and legally performed.
Section 2. That the City Commission hereby accepts the written
recommendation of Mr. Matt Cannon, project engineer, Langford Engineering,
Inc. and the Director of Public Works, that the contract for drilling a
water well be awarded to layne-Western Company on their,low bid of $318,675.00
and that the contract for construction of a 1211 water transmission 1 ine
be awarded to Ja1co, Inc. on their low bid of $74,655.00.
Section 3. That the City Commissiqn does hereby determ,ine that
the sum of $393,300.00 is required to finance the drilling of a water
well and construction of a 12" water transmission line.
Section 4. That $393,300.00 is hereby appropriated from the
Water/Sewer Fund Retained Earnings Account, which funds have not been
appropriated for any other purpose, to satisfy the heretofore contract
awards.
Section 5. That Layne,,:,WesternCompany and Ja1co, Inc. shall
submit Certificates of Insurance acceptable to the city which shall meet
the minimum insurance requirements as follows:
A. Workmenls Compensation and Employerls Liability Insurance
B. Comp.rehensive General,Liabili,ty with limits not less than
Bodily Injury Liability
100,000/person
300,000/aggregate
Property Damage Liabi~ity
50,000/accident
100,000 aggregate
This policy must provide contractural liability coverage for all
liability assumed by the Contractor, for himself or his sub-
contractors under th is Contract.'
C. Comprehensive Automobile Liability with limits not less than
Bodily Injury Liability
100,000/person
- ~300"OOO/accident
Property Damage
35 "OOO/acc i dent
Section 6. That Layne-Western Company and Jalco, Inc. shall
submit to the city acceptable performance bond and payment bond in the
amount of 100% of the contract price, which. bonds must be approved by the
City Attorney prior to the execution of the contract.
Section 1. That the'Mayor is hereby authorized to approve
and sign said contracts between the City of West University Place and
Layne-Western Company and Jalco, Inc. for the improvement projects as
hereinabove described.
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54
PASSED AND APPROVED this
day of
, 1979.
Motion by Commissioner Maneval, seconded by Commissioner Ahrens, that
Ordinance Number 1147 be approved 'as read.
Voting Aye: All
Vot~ngNo: None
PROPOSED COMMUN ITY BLJ ILD I NG RFM'OOFI I Nr::. Mr. Tom Carson, D'i'rector of Commun i ty
Services appeared before the Commission to present plans force,rtain re-
modeling at the Community Buildin~ iri 6rde~ to provide additional office
space for the offices of the Senior Services Department.
Mr. Carson IS -presentat ion i nc 1 udeda sketch showing square footage located
in each area of the Community Building; sketches showing proposed remodeling
to utilize apbrtion of the existing loggia area for office space, with appro-
propriate doors, windows~ etc.; and an approximate project cost of $1,245.00.
Commissioner Ahrens stated that he was concerned with problems encountered
with moving of personnel and the addition of new personnel, and offered the
following six (6) part motion:
1) That the one-half time clerk in the Senior Services Department
be moved to the front office space now occupied by the Community
Building Supervisor ~nd a part~t~me clerk.
2) That the Director ~f Seni~r Servites be moved to the front private
office now used by the Director of Community Services.
3) That the Community Building Supervisor and part-time clerk be
moved to the office currently used by the Director of Senior
Services.
4) That the
space at
days off'
5) That the
Colonial
Director of Community Services be moved to available
Colonial Park, assuming responsibility and duties on the
of the Colonial Park Manager.
position held by Elizabeth Furler be re-designated as
Park Manager with appropriate salary.
6) That the City Commission dissblve the one (1) full-time position
and two (2) half-time positions recommended in the 1980 budget.
, .
The motion died for lack of a second.
Motion by Commissioner Maneval, seconded by Commissioner Rosenbaum, that the
City Commission authorize remodel in9 of the Community Building in accordance
with plans presented by Community Services Director Tom Carson, at a cost not
to exceed $2,500.00
Voting Aye: Maneval
R6senbaum
Cole
Voting No: Ahrens
Commissioner Ro'senbaum requested that as Director of Community Services Tom
Carson be reque~ted to become more active in the affairs of the Senior Ser-
vices Depa rtmen t.'
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APPOINTMENT OF MUNICIPA COURT ASSOCIATE JUDGES AND 'PROSECUTORS: The Commission was
advised that in accordance with the provisions of the City Charter it was nec-
essary that Associate Judges and Prosecutors of the Municipal Court be re-appointed.
Motion by Commissioner Ahrens, seconded by Commissioner Maneval, that Michael
Schneider and Terry Collins be re-appointed Associate Judges of the Municipal
Court and that Thomas Taylor be re-appointed as Associate Prosecutor.
Vot i ng Aye : All
Voting No: None
LEGAL MATTERS: City Attorney David Allums reviewed a suit which had been filed
against County Clerk Anita Rhodeheaver by the City of Houston, in which all
taxing jurisdictions that had voted to increase the membership of the Board
of Directors of the Harris County Tax Appraisal District had been named.
Mr. Allums stated that an injunction wHich had_been soughtat,ahearing on
December 20th had been denied and another hearing would probably be held in
early January. Mr. Allums also stated that he would monitor the case as it
progressed and keep the Commission advised.
CITY MANAGER I SREPORT: I n the absence of the Act i ng City Manager there was no re-
port for consideration by the Commission.
BOARD AND COMMITTEE MEETING MINUTES: Minutes of the following Board and Committee
meetings were presented to the Commission for their information.
a) Parks and Recreation Board meeting on November 27, 1979
b) Zoning & Planning Commission meeting on December 13, 1979
c) Electrical Board meeting on December 18, 1979
d) Zoning Board of Adjustment meeting on December 19, 1979
ADJOURNMENT: With no further business to come before the Commission at this time,
upon motion duly made, seconded and carried, the meeting adjourned at 11 :30 a.m.
~?J1Uj
Mayor-
ATTEST:
Ci~a~~
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