HomeMy WebLinkAboutMinutes_1986
1~6
REGULAR CITY COUNCIL MEETING
JANUARY 6, 1986
7.30 P M
The City Council convened in regular session at th~ City Hall on
Monday, January 6, 1986, with the following members present: Mayor
Parks, presiding; Councilmembers Higley, Bryan, Cummings, and
Schwartzel. Also present were the City Manager, City Secretary, City
Attorney, Director of Administration, Director of Operations and the
Po 1 ice Chi ef . Councilmember Cummi ngs deli vered the i nvocat i on and 1 ed
the Allegiance to the Flag.
HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had
matters they wished to bring to the attention of the City Council
,which had not previously been submitted to the City Manager.
There were none present who wished to speak.
CITIZENS RESPONSE TO AGENDA ITEMS:' Mayor Parks invited residents who
wished to address a specific agenda item to speak at this time.
Kathleen Ballanfant, 3123 Amherst, editor and publisher of The
VillaQe Life. wished to address Council concerning agenda item No.
5: DesiQnation of Official Newspaper for 1986. She requested City
Council consider designating TheVillaQe Life as the official
newspaper as it was the only locally owned newspaper which
qualified to serve the city in this capacity.
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After discussion, motion was made by Councilmember Cummings,
seconded by Councilmember Schwartzel, that designation of the
official newspaper for 1986 be tabled until the next regular city
council. meeting scheduled for January 20, 1986, to allow time to
review the legal requirements for newspapers.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
ITEMS TO BE REMOVED FROM CONSENT AGENDA: No member of the City
Council desired to remove an item from the consent agenda.
CONSENT AGENDA: Motion was made by Councilmember Bryan, seconded by
Councilmember Higley, that the consent agenda be approved in
accordance with staff recommendation.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Hi gl ey, Bryan,
Cummings. Schwartzel
None'
None
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Regular City Council Meeting, January 6, 1986
137
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LEGAL SERVICES: Consideration was given to the invoice in the
amount of $4,070.80 for,legal',services relating to the Zoning
Ordinance Amendments and the invoice in the amount of $3,464.47
for legal services to the City for the month of December 1985.
Mati on was made by Counci lmember Bryan, seconded by Councilmember
Higley, that the invoices "for legal services be approved for
payment.
Voting Aye:
Voting No:
Absent:
Mayor Parks, touncilmembers Higley, Bryan"
Cummings, Schwartzel
None
None
COUNCIL COMMENTS: Councilmember Bryan called attention to the
letter recelVed from a resident commending the Police Department,
and particularly Officer Grabowski, and Officer Morton for their
professionalism and outstanding support folloWing a burglary at
the resident's home.
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Councilmember Schwartzel requested that regulations on
non-resident use of park facilities be on the next workshop agenda.
Mayor Parks reported he had noted s~veral violations to the zoning
ordinance regarding multi-family; property in single family
residential districts. He submitted a series of photographs for
city staff to use in their inspection of the properties in
,question and requested a report' upon completion _ of staff' s~
investigations.
Councilmember Higley requested the temporary sign in front of the
Community Building be removed.
STAFF REPORT:
Mr. Rockenbaugh, Ci ty Manager, had nothi ng further for the Ci ty
Council to consider at this time.
CITY COUNCIL MEETING MINUTES: Minutes of the regular meeting of
City Council on Monday, December 23, 1985, were submitted for
consideration. '
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Councilmember Bryan offered the' following correction to her
council comments to'~read: "Councilmember Bryan suggested that city
staff show what the total project cost will be: front and back~
total citizen and city costs.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Bryan, that the minutes of the regul ar City Counci 1
meeting on December 23, 1985, be approved as corrected.
138 ..
Regular City Council Meeting, January 6,;1986
Voting Aye:
Voting No:
Absent:
Mayor Parks, Counci lmembers Hi gley, Bry_an,
Cummings, Schwartzel
None '.
None
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ADJOURNMENT: With no further business 'to come before Council at
this time, upon motion duly, made, seconded and carried, the
meeting adjourned at 7:50 P.M.
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REGULAR CITY COUNCIL MEETING
JANUARY 20, 1986
7:30 P.M.
City Council convened in regular session at the City Hall on Monday,
January 20, 1986, with the following members present: Mayor Parks,
presiding; Councilmembers Higley, Bryan, Cummings, and Schwartzel.
Also present were the City Manager, City Secretary, City Attorney,
Director of Administration, Director of Operations, Superintendent of
Public Works, and Chairman of the Zoning and Planning Commission.
Mayor Pro Tern Higley delivered the invocation and led the Allegiance to
the Flag.
HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had
matters they wished to bring to the attention of the City Council
which had not previously been submitted to the City Manager.
Jack Browder, 4149 Amherst, as a resident and runner in the
Houston-Tenneco Marathon, expressed his appreciation personally
and on behalf of the Marathon Committee to the City Council and
city staff for the cooperation and support the committee received
to help make West University the best section of the race. Mr.
Browder then introduced Bill Gertsner.
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Mr. Gertsner, Regional Director for the West University section,
expressed his appreciation for the support received from the City
and inquired as to the effectiveness of the back-up responsibility
of the Marathon Committee after the race. City Manager, Mr.
Rockengaugh, commented that the ,only questions city staff received
was from res i dents who wanted to, know the best way to get to
church. Mr. Gertsner stated that the Marathon Committee would
like to run the race through West University Place next year.
CouncilmemberBryan,commended the Marathon Committee, and Tenneco
Inc., for,their'.organizationand their willingness to work with
the Council and the citizens of West University.
CITIZEN RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents
who wished to address a specific agenda item to speak at this time.
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John Fafoutakis, resident of Southside Place, addressed~ the Mayor
and City Counci 1 concerni ng the charges to Southsi de Pl ace for
ambulanceservi.ce.. ,He stated that SouthsideP.lace started
contributing to West University Place voluntarily to help meet
expenses for ambulance service. The current amount is $5,000 a
'Year.' Now 'the CUy" of, West University Place plans to increase
that charge to $25,000 a year. Mr. Fafoutakis. inquired as to how
the City of West University could justify such an increase. He
felt it was unfair to ,the population of Southstde, Place.
Councilmember Schwartzel addressed Mr. Fafoutakis and commented
that the City of West University had met with the Southside Place
Mayor and Ci tyMana'ger, and di scussedwi th them the over all costs
of running the ambulance service. We discussed ~stimated figures
140" Regular City Council Meeting, January 20,1986
and invited their participation and comments. Then we decided we [
would adjust to $25,000 this year and continue to study the
situation. The Mayor and City Manager of Southside Place are
invited to continue to study it and bring information to show us
why our figures may need adjusting.
Councilmember Bryan commented that the people in West University
Place, per household, are paying still more than the City of
Southside Place, but at ,least Southside Place is becoming more
equitable in terms of how much it costs per call.
Counci lmember Hi gl ey stated that West University Pl ace is sti 11
shouldering the lion's share of the load to have the same service
available. As a member of the Ambulance Advisory Board
representing Council I am aware that Southside Place has a
representative on that Board. This person felt the increase was
fair.
Mayor Parks stated that West University Place citizenry is made up
of the same type of peop 1 e as Souths ide Pl ace and it wou 1 d be
unfair to ask those people to bear a higher percentage of the
costs than the people of Southside Place. The Mayor then
suggested that the numbers were available and that Mr. Fafoutakis
could get the information when it was convenient for him.
, Mayor Parks asked if anyone else wished to speak concerning an IJ
agenda item. l
Mr. Stephen K. 'Huber, 6421 Mercer Street, addressed Ci ty Counc il
concerning a stop sign at the corner of Mercer and Pittsburg which
was removed some time back. He explained that he thought the stop
sign was removed in error. When the stop sign was replaced,
instead of stopping the traffic on Mercer, it stopped the traffic
on Pittsburg. He presented a petition signed by neighbors stating
they agreed that there was a need for a stop sign on Mercer
Street.
City Manager, Mr. Rockenbaugh, stated he thought the sign was
removed as a result of a traffic study. Some of the signs were
removed and some were relocated. Mr. Rockenbaugh said he would
check whether that particular sign was one relocated.
Mayor Parks stated that if the sign were misplaced, that would be
an easy problem to solve. If it is a matter of moving the stop
sign with the result of a change in the traffic pattern, City
Council waul d want to send that to the Traffic Committee to work
that out with the Police Chief.
Councilmember Schwartzel advised Mr. Huber that the City was bound
by State Law that determi nes where we can put a stop sign and
where we can not put a stop sign.
Mayor Parks recommended Council refer the matter to staff for the
next workshop meeting.
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Regular City Council Meeting, January 20, 1986
141:
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ITEMS TO BE REMOVED FROM CONSENT AGENDA: No member of the City
Council desired to remove an item from the consent agenda.
CONSENT AGENDA: Motion was made by Councilmember Schwartzel,
seconded by Councilmember Cummings', that the consent agenda be
approved in accordance with staff recommendation.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
PARABOLIC OR DISH-TYPE ANTENNA: Mr. Denton who requested to
address the City Council concerning the ordinance relating to
parabolic or dish-type antennae did not attend the council meeting.
ORDINANCE RELATING TO COMMERCIAL DI~TRICT ZONING AND REGULATIONS.
OFF-STREET PARKING, SWIMMING POOLS, FENCES ,AND RELATED MATTERS:
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The Ci ty Attorney, Jim: Dougherty, presented for Counci l' s
consideration the Commercial District Ordinance, Ordinance Number
1252 and the Off-Street Parking Ordinance, Ordinance Number 1253,
as amendments to the Zoning Ordinance. The other two ordinances
relating to ,Swimming 'Pools" :Ordinance:, Number 1254, and Fences,
Ordinance Number 1255, are recommended at this time as amendments
to the genera 1 code of ord\i nance. ' Therefore, Ordi nances Number
1254 and Number 1255 are in a slightly different form. Resolution
Number 86,...1 extends' the: temporary period - on bui,lding permits to
and including March 1, 1986, wh-ich 'will allow time. for Council to
consider the amendments to the Zoning Ordinance in the usual time
frame for two readings. 'There was a' favorable' recommendation from
the: Zoning and : Planning Gommis'sion ", for the adoption of the
ordi:nance's~ presented':',
The' following Zoning and Planning Commission report was presented
to the City Council: '. :',
IIJanuary 20, 1986
The Honorable', Mayor and: Members' ',:
of the City Council
City of West University Place, '.::
3800 University Boulevard
West University Place, Texas 77005:
Re: Proposed Amendments to the Zoning
'Ordi'nance ,of the ,City of West
University Place,. ' , '
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Dear. Mayor-:Par.ks 'and Members "of the City Council:
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"-' The :Zoning and Plann;-ng"qCommission of, the
City of West University' Pl:a:ce (the' !'Corrunissionll)
recommends adoption of the attached proposed
142
Regular City Council Meeting, January 20, 1986
(1) a consolidated comlJlercial zoning
classification with updated rules and
regulations (the "commercial district
amendment")
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amendments to the City I S Zoni ng Ordi nance. The
recommended amendments relate to:
(2) updating the parking ordinance and bringing
it forward into the zoni ng ordi nance (.the
"parking amendment")
(3) carrying forward the swimming pool ordinance
into the zoning ,ordinance (the "swimming
pool amendment") and
, (4) bri ng forw~rd" the fence ordi nance into the
zoning ordinance (the "fence amendmentll)
The proposed ,amendments are submitted, in
response to the specific request of the Council,
as expressed in Resolution Nos. 85-24 and 85-25
passed October 28, 1985. . The Council requested
that the Commi ssi on examine the estab 1 i shment of
a commercial district as well as amendments
relating to parking, swifn!lling pools and fences.
The CounciT also adopted a limited bui 1 di ng
moratorium pending consideration of the
commercial district amendment.
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Since October, the Commi s si on ha s ,met wee k 1 y
to consider the drafting of proposed amendments,
with special emphasis on the commercial district
amendment. The Commission has reviewed and
considered the comprehensive plan of the City,
adopted by Ordi nance No. 1243, whi ch sets forth
primary goals of the City as follows:
(1) to maintain the existing residential
character of the City; and
(2) to maximi ze the tax base of the City
without undue burden on the residential
property owner.
The Commi ss i on examined Secti on 24-B of the
zoning ordinance as the basis for a single
comprehensive provision to deal with all
commercial property in the City. The Commission
also determined that other provisions relating to
commercial property were deficient due to
ambi guous wordi ng and fail ure to address several
significant building criteria.
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Regular City Council Meeting, January 20, 1986
143
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The Commission consulted Articles lOlla,
lOllc anrllOllf, of the Revised Civil Statutes of
Texas re'l:citing to the purposes of zoning in order
to ascertain factors which are proper for
promoting health, safety, and morals and for the
protection and preservation of places and areas
of historical, cultural or architectural
importance and s i gni fi cance or the general
welfare of the community.
Citizens, qualified urban planners, real
estate developers who have expressed interest in
building in the City, planning officials of other
cities in the Houston metropol itan area, as well
as local and regional non-profit organizations
assisting cities in land planning were contacted
and provided input to the Commission.
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At the joint public hearing of the
Commission and Council, a number of speakers
addressed the proposed ordinance amendments.
Generally, the comments favored a careful
regulation of commercial property, and in some
instances the speakers. advocated more restri ctive
regulations than were proposed, particularly in
regard to hei ght and a 1 coho 1 i c beverages. Most
speakers who addressed the issue favored allowing
single-family uses in the commercial district.
Virtually no owners of property in the
proposed commerci a 1 di stri ct .opposed any of the
regul ati ons 'proposed, ,and J the Commi ssi on is of
the opinion that th~ recommended commercial
di stri ct' amendment 'wi 11 ' allow a vari ety of
building types that will enhance the CitYii and
individual properties.
After the joint pubHc hearing, ,the
Commission met and considered specific input of
the citizenry to the proposed' draft, of the
commerci a 1 di stri ct amendment. The recommended
amendment has been revi sed, to,. ta ke into account
the comments of citizens at the public hearing as
follows:
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(1) A maximum height of 35 feet is imposed on
all structures 'in commercia.l d'istricts.
(2) Bars are more carefully regulated.
(3) Single.;.familYl res,ide,nti.aT uses are allowed
in the commercial district.
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Regular City Council Meeting, Januar.y2Q, 198,6
,; Investigation by the Commission revealed
that virtually every commerCial district in the
City directly abuts ,a single family residential
zoning district. Considering this unique
situation, the. Commission strongly ,feels the
regulations included in, the, ,commercial district
, " amendment are reasonabl e ,and not overly
burdensome to the owners of property in
commercial districts. "Issues most important, to
the Commission in arriving at the specific
regulations included in the zoning amendment are:
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(1) buffering,
(2) traffic"
(3) restriction of on-street parking caused
by commercial usage,
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prevention of,over.cr.owding of land
preventi o.n of overburdeni ng of pub 1 i c
util ity, systems,
fire safety, and
in general, promotion of health and
general welfare of the public.
It is, important to. note that the scope of
the proposed zoning amendment covers only those
zoning districts shown as, "retail businesses" or
"officesll on the official zoning map of the City
adopted by Ordinance No. 1243, passed October 14,
1985. However, due to inconsistent actions by
the various councils over the years since 1937
when the zoni ng "ordinance was fi rs tadopted,
there are vari ous properti es in the City whi ch,
a 1 though properly, i nc 1 udab 1 e in the new
II commerc i al" d is tri ct and in many cases used for
commercial purposes, are not within the
commercial classification,: because, of their
current zoning. After discussion with various
urban planners including Mr. Thomas E. Palmer,
author of the comprehe.nsi ve plan for, the Ci ty ,
the Commission recommends further action be taken
to, bring such properUes within. the commercial
district classification. The intention of 'the
Commission is not to re-zone residential
properties for commercial uses, but to insure
(4 )
.. (5)
, (6)
(7)
provision of .open spaces,
providing adequat~ light and air,
(8)
(9)
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Regular City Council Meeting, January 20, 1986
145
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that all property within the City is properly
regulated.
The parking amendment, as recommended, is
substantially identical to the parking ordinance
adopted some years ago. However, the
requirements for the number of parking spaces per
use has been modified so as to require the
greater of the number of spaces previously
requi red or the number of spaces currently used
in urban planning professions. However, there
was some concern by the Commission that even with
thi s approach, the parki ng requi rements for
restaurants, bar.sand clubs may not adequately
address the needs of a uni que', C,i ty .suct) as West
University Place. The Commission is aware that
the issue of ,adequate parking has recently been
considered by the Council and would respectfully
request that the, Council carefully review the
requi rements for parking in 'restaurant, bar and
club classificat;ons~
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The swimmi ng pool amendment is recommended
for adoption by the Cpunci 1 . ',' However, the
Commission respectively requests that the Council
consider inserting into the znning ordinance' only
the portion of the .swimming pool amendment
relating, to "setbacks. The rest ,cou,ld be inserte~
~nto the' general code of ordinances.
The Commission recommends adoption of the
fence amendment to 'a 11 ow its proyi s ions to be
subject to the jurisdiction of the Zoning Board
of Adjustment.
After three months of study, the, revi ew of
hundreds of pages of zoning ,ordinances of cities
s'imilar to West, University., Place.; hearing the
input from over one hundred residents of the City
and, having reviewed our recommended, amendments
with the City Attorney and with the city planner
retained by the, 'City, for preparation of 1.its
comprehensive plan, the Commission unanimously
recommends adoptiQn' of the attached amendments to
the zonin~ ordinance.
. 'Respec;ti v,e ly "Submi tted,
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/s/ Reid C. Wilson
Chairman "j
For the ,Commi s5,i onn
Mr. Wilson stated that Z&P Commission was now proposing to allow a
non-conforming use to be expanded up to 10% of total cubic volume
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146
Regular City Council Meeting, January 20, 1986
without 'having to comply with all the requirements of the Zoning
Ordinance. Mr. Wilson stated that he believed the proposed
amendments presented to the City Council were fair, were
reasonable and encouraged commer~ial development in the City.
The fo 11 owi ng Ordi nances -were presented for Counci lis
consideration:
ORDINANCE NO. 1252
AN ORDINANCE RELATING .TO COMMERCIAL DISTRICT ZONING;, AMENDING THE
ZONING ORDINANCE TO ESTABLISH A COMMERCIAL DISTRICT AND
REGULATIONS THEREIN, TO INCLUDE RELATED PROVISIONS AND TO REPEAL
OTHER.PROVISIONS; AND CONTAINING FINDINGS AND OTHER PROVISIONS
RELATED TO THE SUBJECT. .
ORDINANCE NO. 1253
AN ORDINANCE RELATING TO OFF-STREET,:PARKING AND RELATED MATTERS;
AMENDING THE ZONING ORDINANCE; PRESCRIBING A PENALTY; AND
CONTAINING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mayor.Parks asked if there were ,any amendments for Council's
consideration at this time.
Reid Wilson suggested Council consider applicability of certain
portions of the zoning ordinance .amendments, Ordinance Number
1252, as they relate to currE!ntnon-conforming uses. The Z&P
Commission dealt w.ith a number., of issues' that are not addressed
currently in the current zoning ordinance. Among those are:
(1) buffering, which relates. to. fence requirements
(2) special screens, which relates to screening of loading
docks
(3) lighting intensity,'dealing,w,ith spill over from
commercial property to residential property
(4) a requirement of pervious area to facilitate drainage
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(5) a requirement for planting of a tree
(6) prohibition'of out-door storage
The Commission did not decide on an exact proposal as to which
portions of the zoning ordinance should be made applicable to
non-conforming uses.
Thel:ityAttorney presented for Council's consideration an
amendment to non-conforming use regulations to require sooner
compliance with certain provisions:
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Regular City Council Meeting, January 20, 1986
147
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Amend Subsection 11(1)11 Non-Conformin Uses of the proposed
section 5 to add a new subsection 6 to read as follows:
(6) Notwithstanding the foregoing, it ,is specifically
provided that each parcel within the commercial district must
be brought into compliance with subparagraphs (3), (4), (5)
and (7) of subsection (e) and with subparagraph (2) of
subsection (f) of this section on or before ,
19~, except to, the: extent that a variance is duly obtained.
It was suggested for cori~ideration that subsection (g) Trees be
added to the amendment.
The City Attorney advised Council .that they may consider on second
reading an amendment .if it does not change the nature of the
ordinance.
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Mayor Parks recommended Council accept Ordinance Number 1252 on
first reading, that it be studied to see what should be a proper
time for compliance and' brought back ,for consideration at the
second reading.
Councilmember Schwartzel discussed section (e), subparagraph (4)
Trans.ition Features'. ,Hefe:l:titthat lto require an opaque fence or
wall eight feet in height along a side lot line of a commercial
parcel with a common boundary with a residential district was too
restrictive. Councilmember ,Sc:hwartzel movecl that the phrase in
(4) Transition! Features'. IIcmd::along:anYJ.boundary of such a parcel
lying within 20 feet of a side lot line of a parcel lying within a
residential districtll be de.leted,.The motion died for lack of a
second. ' ' ' ':\
Mayor Parks asked for further comments from Council.
~iscussion was held concerning, Ordinance Number 1253~ the
Off~Street Parking Ordinance.
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Councilmember Bryan recommended thatl,,the::parking requirements for
restaurants, clubs, cafes or similar recreation or amusement
establishments be increased from one space for each' four seats for
the general public to one space for each three'seats for the
general public.
Councilmember Schwartzel stated he was hesitant to select a number
limiting parking s'p'a'ces at this time and recommended Council study
the: is'sue:fut'ther.., Councilmember Schwart1zel then: made ,a, motion
that City Council adopt Ordliinance Number 125'2 and Ord:inance Number
1253 as recommended by the Zoning and Planning Commission.
Mayor Parks recommended that Council address the amendment before
entertai<ning:ia m6.t,ion,to adopt!:lthe' ordirialnce. i.J' \;] ~:
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Councilmember Schwartzel withdrew his motion. ! .'
148
Regular City Council Meeting, January 20, 1986
After further discussion,motidn wa:s made ,by Councilmember Bryan
that the Off-Street Ordinanc'e Ex,h~bit A be amended.to read:
Section 34. OFF-STREET PARKING, I
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(a) Minimum ReQuirement~,
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(7) Restaurant,~ club, cafe or similar recreation
or amusement establishment: the .greater of: (i) one
space for each three (instead of four) seats for
the genera~ public; or'(ii} 3.33 parking spaces for
each 1,000 square feet! of. fluor area.
Councilmembers voting ,Aye:: '.,.Mayor Parks, Councilmeinbers
"" Higley, Bryan, Cumm~ngs
Councilmembers voting No: Councilmember Schwartzel
Councilmembers Absent: None
Motion was made by- Councilmemb:erBryan, seconded by Councilmember
Higley ,that City Council accept as amended on first reading
Ordinance No. 1252, AN ORDINANCE RELATING TO COMMERCIAL DISTRICT
ZONING; AMENDING THE ZONING ORDINANCE TO ESTABLISH A COMMERCIAL
DISTRICT AND REGULATIONS"THEREIN, TO INCLUDE RELATED PROVISIONS
AND TO 'REPEAL OTHER PROVISIONS; AND CONTAINING FINDINGS AND OTHER
PROVISIONS RELATED TO THE SUBJECT:, .and Ordinance No. 1253, AN
ORDINANCE RELATING' TO OFF-STRE~TPARKING AND RELATED MATTERS; 01
AMENDING THE ZONING ORDINANCE; PRESCRIBING A PENALTY; AND
CONTAINING, FINDINGS AND, OTHER :PROVISIONS RELATED TO THE SUBJECT.
Councilmember, Schwartilel stated that while he, did not feel the
ordinances were perfect, they were a great improvement'over what
the city had on record at this time and therefor, he would support
their adoption.
Councilmembers voting Aye:
Councilmembers Voting No:
Counci lmembers' Absent::, '
Mayor Parks, Councilmembers
Higley, Cummi,ngs., Schwartzel
None
None
Mayor Parks presented the fall owi'ng ordi nances for'Counci 11 s
consideration.
ORDINANCE NO. 1254
AN ORDINANCE RELATING TO 'SWIMMING POOLS; AMENDING THE CODE OF
ORDINANCES; PRESCRIBfNG A' PEN'ALTY: AND CONTAINING FINDINGS AND
OTHER PROVISIONS RELATED TO THE SUBJ,ECT
ORDINANCE NO. 1255
AN ORDINANCE RELATING TO FENCES; AMENDING THE CODE OF ORDINANCES;
PRESCRIBING A PENALTY AND CONTAINING FINDINGS AND OTHER PROVISIONS
RELATED TO THE SUBJECT '
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Regular City Council Meeting, January 20, 1986
149
The City Attorney advised Council that the attachments to the
ordina'nce are,,:exactly the same as recommended by the '..Zoning and
Planning Commission.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Higley, that Ordinance Number 1254 be accepted as
presented at first reading.
Councilmembers Voting No:
Councilmembers Absent~
Mayor Parks, Councilmembers
:Higl ey, Bryan, Cummi ngs,
Schwartzel
None
None
Councilmembers Voting Aye:
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Higley, that Ordinance Number 1255 be accepted as
presented at first reading.
Councflmembers Voting Aye:
Councilmembers Voting No:,
Councilmembers Absent:
Mayor Parks, Councilmembers
Higley, Bryan, Cummings,
Schwartzel
None
None
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Mayor Parks presented and read Resolution Number 86-1:
RESOLUTION AMENDING RESOLUTION NO. 85-25 (RELATING..TO CERTAIN
BUILDING PERMITS DURING A TEMPORARY: PERIOD PENDING if HE
CONSIDERATION OF PROPOSED AMENDMENTS TO THE ZO~ING ORDINANCE OF
THE CITY OF WEST UNIVERSITY PLACE) AND EXTENDING THE TEMPORARY
PERIOD DESCRIBED THEREIN.
WHEREAS, by the passage of Resolution No. 85-25 on October 28,
1985, the City Council restricted the issuance of certain building
permits pending the consideration of certain amendments to the City's
zoning ordinance; and
WHEREAS, it appears that, although substantial progress has been
made in connection with the proposed amendments, a limited additional
period is required to complete the City Council's consideration of the
proposed amendments;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF .THE CITY OF WEST UNIVERSITY
PLACE, TEXAS':) "I i.'; l'i ."
Section 1. The temporary period described in_Section 2 of
Reso 1 uti on-No. 85-2:5. is hereby extended through and i nc 1 udi ng March 1,
1986, unless the City Council has sooner adopted an ordinance'
establishing the "commercial" class;ificationand prescribing
comprehensive provisions:'fo,r the classification, as contemplated by
Resolution No. 85-25, in which case the temporary period ends upon the
adoption of such ordinance.
,. 150
Regular City Council Meeting, January 20, 1986
Section' 2., If any word, phrase, clause, 'sentence, paragraph,
section ,or other part of thi's resolution or, the'application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this resolution and the application' of such word, phrase, clause,
sentence, paragraph, section or'other' part of-this resolution to any
other persons or circumstances shall not be affected thereby.
Section 3. All resolutions and part of resolutions in conflict
herewith are, hereby repealed to the extent of the conflict only.
Section 4. The City Council officially finds, determines and
declares that a sufficient'written noti'ce1of the date, hour, place and
subject of each meeting at which this resolution was discussed,
cons i dered ,or, acted upon was "gi ven in the manner requi red by the Open
Meetings Law, TEX. REV. ,CIV'. STAT,. ANN. art. 6252-17, -as amended, and
that each such meeting has been open to the public as required by law
at all times during such discussion, consideration and action. The
City Council, ratifies, approved and. confirms such notices and the
contents and posting thereof.
u
PASSED AND APPROVED this 2..Q..t.b day of January, 1986.
Councilmembers Voting Aye:
Mayor Parks, Councilmembers
Higley, Bryan, Cummings,
Schwartzel
None "
None
o
CountiTme~bers Voting' No:
Councilmembers: Absent:
!. :.
",': /.. \"
Michael L. ~arks, Mayor
Attest:
Audrey Nichols, City Secretary
(SEAL)
APPROVED AS TO FORM:
" ~. .
James L. Dougherty, Jr.,
City Attorney
Motion; was made by Councilmember Bryan, seconded by Councilmember
Schwartzel, that Resolution Number 86-01 be adopted as. read.
Councilmembers Voting,Aye:
.Mayor Parks, Councilmembers
Higley, Bryan, Cummings,
Schwartzel
None
None
u
Councilmembers Voting No:
. Counci lmembers Absent:
Regular City Council Meeting, January 20, 1986
151
f",
, '
Mayor Parks and members of the City Council expressed their
appreciation to Reid Wilson and the Zoning and Planning Commission
for the excellent work they did in presenting the amendments to
the zoning ordinance.
CITY HALL RENOVATIONS: In accordance with previous action of the
City Council, consideration was given to the bid opening for
renovations to city hall: Asbestos Removal and Miscellaneous
Work. Mr. Rockenbaugh stated that the bidders' Qualification
Statements were opened on January 9, 1986. All the references
have been checked and all the information required by the city was
complied with by the three companies submitting bids. However,
the city is in receipt of a, letter, dated today's ,date, January
20, 1986, from Paisan Construction Company as follows:
"January 20, 1986
City of West University Place
3800 University Blvd.
Houston, Texas 77005
Re: City Hall Asbestos
Removal and Miscellaneous
.Work
o
Gentlemen:
We have been notified ,th:is afternoon (3:30P.M. ) thait ,our firm has been
deemed not qua li fi ed as a general, contractor.' on the above refe,renced
project. This your decision fo'llowing' study of ourpre-quaJification
statement (Envelope #1) opened January 9, 1986.
Inasmuch as actual bids (Envelope #2) are scheduled to be opened at
7:30 P.M. tonight, and have not at this writing been opened, we wish to
withdraw our bid.
"j: .',
Please return our unopened bid.
Very truly yours,
PAISAN CONSTRUCTION COMPANY
/s/ J. H. Meyer, Jr.
J~ H. Meyer, Jr.
President
JHM:pas"
n
Mr. Rockenbaugh advised City Council that city staff was not
making a statement that Patsan Construction Company was not a
qualified bidder. Paisan Construction Company would not tell
staff the names of the sub-contractors:they intended to use.
Mayor Parks invited Mr. Meyer, to speak. Mr. Meyer addressed
Council stating he disagreed with the bidding procedures followed
152
Reg41ar City Council Meeting,'January 20,' 1986
in this particular case and for that reason his company requested U
to withdraw their bid unopened. ,P;a isan Construction Company bid
(Enve'l ope #2 ) 'was returned to Mr. ; Meyer unopened. ,I
The following bids were opened and results announced.
Bidder
Amount of Bid
Notes
David Evans Contracting Inc.
902 D West, 23rd
Houston, Texas 77008
$245,000.00
Lebco Construction, Inc.
P.O. Box 771949
Houston, Texas 77215
, $207,900.00
"
Removing only
asbestos shown on
plans. Insurance
policy limit:
one mi 11 ion
dollars.
Upon Mayor Parks' recommendation, the bids were referred to
members of staff for review and recommendation for award.
DESIGNATION OF OFFICIAL NEWSPAPER FOR 1986: Consideration was given
to designating' the Official Newspaper for legal notices and
publications for the city.
Mr. Rockenbaugh stated that the city's publication requi~ements
have been reviewed with several members of city staff. The
VillaqeLife is a qualified newspaper as defined by state---
statute~' However, in view, of the time constraints for
publications required of the city in the publication of
ordinances, bid notices, public hearings and other notices, city
staff recommends the official newspaper be one that is published
dai ly.
o
Motion was made by Councilmember Cummings, seconded by
Councilmember Schwartzel, that The Houston Chronicle be designated
as the Official Newspaper for the City of West University Place
for 1986 and until another designation is made.
Councilmembers Voting Aye:
Mayor Parks, Councilmembers
Higley, Bryan, Cummings,
Schwartzel
None
None
Councilmembers Voting No:
Counci lmembers Absent:;
HARRIS COUNTY APPRAISAL DISTRICT APPRAISAL REVIEW ,BOARD:
Consid'eration was given to the recommendation for appointment to
the Harris County Appraisal District Appraisal Review Board.
City Manager 'Mr. Rockenbaugh; adv.i sed City Counci 1 that the three
individuals recommended to you have declined because they did not
feel they had the ,time available to serve on this board.
n
Regular City Council Meeting, January 20, 1986
n".
, ,
"
153
Motion was made by Councilmember Schwartzel, seconded, by
Councilmember Bryan, that appointment to the Appraisal Review
Board be tabled to allow time for further consideratTon.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Mayor Parks, Councilmembers
Higley, Bryan, Cummings,
Schwartzel
None
None
GULF COAST WASTE DISPOSAL AUTHORITY: Consideration was given to the
election of a director representing municipalities in Harris
County to the Gulf Coast Waste Disposal Authority Board.
Motion was made by Councilmember Higley, seconded by Councilmember
Cummings, that the Mayor be authorized tq execute t~e ballot to
elect Judge John Wi 1 dentha 1 to the Board of Di rectors of' the Gu 1 f
Coast Waste Disposal Authority.
Councilmembers Voti,ng Aye:
~ ; i "
Councilmembers Voting No:
Councilmembers Absent:
o
'.>
Mayor Parks, Councilmembers
Higl~y, Bryan, Cummings,
Schwartzel '
None
None
.'
PURCHASE OF OFFSET PRESS: Consideration was given to authorize the
advertising for bids for the purchase of an offset press for the
Community Building.
/"1 '
;.l
i ~ . ' . .' :.. I .
Motion was made by Councilmember Schwartzel, seconded ,by
Councilmember Cum~ings,that the City Manager be authorized to
advertise for bids for the purchase of an offset press.
Councilmembers Voting Aye:
: r! ,. ! ~ I , !
Councilmembers Voting No:
\',"'" Counc,ilmelnbers .Absent:
. f ;' ~. I . ) .
I J \:
. Mayor'Parks, Counci lmembers
Higley, Bryan, Cummings,
Schwartzel '
None
None
COMPUTER SOFTWARE: Cons,iderationwas' gi.ven to,(the, invoJice in the
amount of $13,243.33 submitted by Municipal Software representing
the second one-third payment due for the application software
1 icense fee'. ' ,'ii' ~\ ' , ;
Motion was made:;by Counc,i.lmember Schwartzel, seconded by
Councilmember Cummings, that City Council approve for the payment
theilivoice in Ithe amount of\$'l3,243'~33,to;Mun;ci'Pal; Software.
bOlinci lmembers Voting Aye:
n
J.: i
Councilmembers Voting No:
Councilmembers Absent:
",Mayor Parks , Counci 1 members
Higley, Bryan, Cummings,
, Schwairtze 1
,None
None
1.54
Regular City Council Meeting', January 20., 1986
1983 BOND PAYMENT: Consider.ation was ~given' to the invoice from First n
City National Bank of Houston, for payment due for the city's 1983
bond issue.
Motion was made' by Councilmember Schwar.tzel, seconded by
Coundlmember Cummihgs~ that the invoice in the amount of
$288,216.50 be approved for payment to First City National Bank of
Houston for the city~s 1983 bond issue.
Councilmembers Voting Aye: Mayor Parks, Councilmembers
Higley,Bryan~ Cummings,
, Schwartzel
Counci lmembers Votin'g No:" No_ne
Councilmembers Absent: None
PURCHASE OF; PLASTIC BAGS: Consideratjon',was given to the invoice in
the amount of $17,111.68 submitted by Houston-Galveston Area
Council for purchase of pl~stic r~fuse Q~gs.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Cummings, that the invoice in the amount of
$17,111.58 submitt.ed by Houston-~Galveston Area Council be approved
for payment.
Councilmembers Voting Aye:
" .
Mayor Parks, Councilmembers
'Higley; Bryan, Cummings,
Schwartzel
o
While awaiting staff recommendation for award of the contract for
asbestos removal and miscellaneous work to City Hall Mayor Parks
recommended' Council' recess to go into workshop session.
Motion was made by Councilmember Cummings, seconded by
Councilmember Higley, that the\ ~egular meeting of City Council be
recessed at 9:15P. M. to convene Council in workshop session.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent~
Mayor Parks, Councilmembers
Higley, Bryan; Cummings,
Schwartzel
None
None
Councilmember Bryan left the meeting at this time.
At approximately 9:55 P.M., .motion, was made by Councilmember
Sehwartzel, seconded by Councilmeml)er Cummings, that the workshop
session adjourn and the regular city council meeting reconvene
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Mayor Parks, Councilmembers
Higley, Cummings, Schwartzel
None
Councilmember Bryan
n
CITY HALL RENOVATIONS: Consideration was given to staff
Regular City Council Meeting, January 20, 1986
155
n
U
recommendation to award the contract for city hall asbestos
removal and miscellaneous work.
City Attorney, Jim Dougherty, advised Council that in review of
the bids the following qualifying statements were made by the
contractors:
Lebco Inc., stated they would remove only certain asbestos as
shown on the plans. Addendum No. 1 to the bid documents specified
the removal of all asbestos wherever it is found. Also, Lebco's
insurance coverage was limited to $1,000,000. Bid specifications
require $5,000,000 of insurance.
David Evans Contracting Inc., stated they would remove all
asbestos. However, the specifications require a $20,000 bid
bond. David Evans Contracting Inc. submitted a $20,000 check
offered as bid security. David Evans Contracting Inc.,
representative confirmed the intent of the check was ,for bond
security.
o
City Manager, Mr. Rockenbaugh, advised Council that in considering
the David Evans Contracting Company bid, their bid amount of
$245,000 is more than was budgeted. We will need to discuss at
some date when the money would be made available. Consideration
can be given to short-term borrowing from the city's depository.
The repayment of this type of debt was budgeted.
Motion was made by Councilmember Cummings, seconded by
Councilmember Higley, that City Council award the contract for
asbestos removal and miscellaneous work at city hall to David
Evans Contracting Company at the bid price of $245,000 subject to
deposit and clearance of the $20,000 check submitted in lieu of a
bid bond.
Councilmembers Voting Aye:
Mayor Parks, Councilmembers
Higley, Cummings, Schwartzel
None
Councilmember Bryan
Councilmembers Voting No:
Councilmembers Absent:
COUNCIL COMMENTS: Mayor Parks advised that the workshop session
planned for January 27 be rescheduled to January 30, 1986.
STAFF REPORT: City Manager, Mr. Rockenbaugh, had nothing further
for Council's consideration at this time.
CITY COUNCIL MEETING MINUTES: Minutes of the regular meeting of City
Council on Monday, January 6, 1986, were submitted for
consideration.
n
Motion was made by Councilmember Higley, seconded by Councilmember
Cummings, that the minutes of the regular City Council meeting on
January 6, 1986, be approved as submitted.
Councilmembers Voting Aye:
Mayor Parks, Councilmembers
--'
156
Regular City Council Meeting, January 20, 1986
Councilmembers Voting No~ ,
Councilmembers Absent:
Higley, Cummings, Schwartzel
None
Councilmember Bryan
n
ADJOURNMENT: ,WHh no, further business, to come before Council at
,this time, upon motion duly'made, seconded and carried, the
meeting adjourned at 10:05.
, . l. : ~ r ~
o
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157
n
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REGULAR CITY COUNCIL MEETING
FEBRUARY 10, 1986
7:00 P.M.
Ci ty Council convened in regul ar sess i on at the City Hall on Monday,
February 10, 1986, with the following members present: Mayor Parks,
presiding; Councilmembers Higley, Bryan, Cummings, and Schwartzel.
Also present were the City Manager, City Secretary, City Attorney,
Di rector of Operati ons, Chi ef of Pol ice and Superi ntendent of Pub 1 i c
Works. Mayor Parks delivered the invocation and led the Allegiance to
the Flag.
HEARING OF RESIDENTS: Mayor Parks invited residents to speak who
had matters they wished to bring to the attention of the City
Council which had not previously been submitted to the City
Manager.
o
An unidentified resident who lives on Nottingham addressed Council
stating she was di stressed concerning a proposed shopping mall
that was to be built along Kirby Drive between Nottingham and
Sunset Bl vd. She had read about the plans for the shoppi ng mall
in a local newspaper.
Mayor Parks advised the resident that there was no appl ication
before City Councilor the Zoning and Planning Commission for the
shopping mall; nor was there an application for a building permit
at this time. City Council has a temporary moratorium in effect
on commercial building to ;allow time for study of the city's
existing zoning ordinance. Council is in the position tonight to
have a reading of a proposed zoning ordinance that will provide
control to our commercial development.
CITIZEN, RESPONSE TO AGENDA ITEMS: Mayor - Parks invited residents
who wished to address a specific agenda item to speak at this time.
I'
Bill Stahl, 2631 Nottingham, ,questioned' Agenda: Item No. 5(a).
Consideration of Ordinance No. 1252 on second reading: AN
ORDINANCE RELATING TO COMMERCIAL DISTRICT ZONING; AMENDING THE
ZONING ORDINANCE TO ESTABLISH A COMMERCIAL DISTRICT AND
REGULATIONS THEREIN, ,TO INCLUDE RELATED PROVISIONS AND TO REPEAL
OTHER PROVISIONS; AND: CONTAINING FINDINGS' AND OTHER' PROVISIONS
RELATED TO THE SUBJECT. Mr. Stahl stated he was curious as to why
the :ordinance combined the "Retail Business District" and the
"Professional and Office Building District".
n
The City Attorney advised Mr. Stahl: that there' had been a number
of debates on thi s questi on whi ch had to do wi th the di fferences
in the two: zones. ' There. a readj acent properties zoned commercial
but treated differently by previous councils. This action led to
ambiguity which is difficult to defend in the court house. By
combining them into one classification, the city.s zoning
ordinance will be in a more ,defensible position.
I
158
Regular City Council Meeting, February 10, 1986
Councilmember Higley stated that when City Council began looking Uil",'.
at the city's zoning ordinance, we real ized the city had no
control or restrictions. Each piece of property was dealt with
according to the pleasure of Council at that time. We now,
through Ordinance Number 1252, have a more, uniform zoning law so
that the Ci ty of West Uni vers i ty Pl ace wi 11 be protected as a
primarily residential city.
Mr. Stahl asked why in the original ordinance was there a
separation between the retail and office districts.
Councilmember Schwartzel responded that in the original schemes of
things, there was no allowances for an office district. There was
at a later date an application for an office which a previous
Council incorporated, i ntothe Zoning Ord,inanCe. When the present
Zoning and Planning Commission compared the lack of restrictions
in the commerci a 1 zone to that requi red in the offi ce zone, it
became apparent the control was not the same. Now, control is
uniform so that the city wi 11 know what we can use the land for
now and in the future.
Mr. Stahl stated he thought that these things could be corrected
without lumping what are now "Retail Commercial" and "Professional
and Office Building" Districts into one zone.
Counci lmember Schwartzel stated that the proposed ordi nance is !JIlt,
more restrictive than it was before even though the two districts
are combined. The other restrictions in the proposed ordinance
provides the control the city needs to protect West University
Place.
Geoff Lanceley, 2626 Nottingham, stated that, as he understood it,
Ordinance 1252, Section 2, repeals Section 24-B (relating to the
office district) of the old ordinance.
Mayor Parks responded he was correct. If the ordinance is passed
tonight it becomes law. If we dot approve the ordinance tonight,
the city will be left with no protection from unrestricted
development.
Mr. Lanceley suggested City Council consider leaving the
II Professional and Office Building" restrictions' i~ the current
ordinance as it is. Mr. Lanceley felt there existed a large
difference between a retail business and an office building.
There is a difference between the number of people who come and go
at one time of day. Retail is open Saturdays and Sundays and the
people come and go during weekends at all hours.
Richard Wasteneys, 2718 Sunset, stated that even though the city
has dealt, with the traffic problem on Sunset, the parking U.~
limitation does not apply on weekends. Mr. Wasteneys suggested
two individual ordinances, each one brought up to the restrictions
desired for proper control, but to keep the retail district
separate from the office district.
Regular City Council Meeting, February 10, 1986
159
Mrs. Lanceley, 2626 Nottingham, suggested that if the two
districts are combined it will allow development which will
decrease residential property values.
Peggy Cannan, 2703 Sunset, stated the proposed shopping mall
development plans indicated a' parking garage to be located at the
property across Sunset and behi nd the restaurant at the
intersection of Sunset and Kirby. The No Parking except with
parking permits does not apply to weekends.
Several other unidentified residents addressed City Council. The
general concensus of all those who spoke wa~ to request deleting
all references to the "Professional and Office Building District"
from the proposed Ordinance Number 1252, leaving the "Office
District" to be studied ,for regulatory amendments in the near
future.
The City Attorney advised that since the existing regulations
applicable to office district are adequate, Council might consider
deleting the office district from the proposed ordinance and have
the new regulations apply only in the "Retail Business District".
[
ITEMS TO BE REMOVED FROM CONSENT-AGENDA: 'Councilmember Schwartzel
recommended that Agenda Item #11, Re-roofing of Community
Building, be coordinated with the construction now in progress for
the addition to the Community Building. ~ City Manager, Mr.
Rockenbaugh, explained that it was for that purpose that the
,request to advertise was submitted at this time. No member of
City Council desired to remove an item from the consent agenda.
CONSENT AGENDA: Motion was made by Councilmember Schwartzel,
seconded by Councilmember Bryan; that the consent agenda be
approved in accordance with staff recommendation.
Voting Aye:
Voting No:
Absent:
Mayor Parks,Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None'
ORDINANCES RELATING TO COMMERCIAL DISTRICT ZONING AND REGULATIONS,
OFF-STREET PARKING. SWIMMING POOLS', FENCES AND :RELATED ,'MATTERS:
Mayor Parks suggested Counci 1 consider del eti ng the "Offi ce
District" from the proposed Ordinance Number 1252, applying the
new restrictions and regulations in Ordinance Number 1252 to
"Retail Business".
[
The City Attorney advis,ed :that if the Coundl: wished they might
amend Ordinance Number 1252 by deleting all references to
"Professional and Office Building District"'.' The 'ordinance could
be accepted as modified tonight on the second, but not final;
reading. At the next regularlyschedu'led' council meeting, the
modified ordinance could be read for final adoption. The City
160
Regular City Council Meeting, February 10, 1986
Attorney also recommended extending the moratorium on commercial
building permits ten days'..
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Bryan, that City Council amend Ordinance Number 1252
to apply only to the II Retai1 Business Districtll, no'i'to apply to
the IIProfessional Office Building Districtll; deleting all
references to IIProfessional and Office Building District; that
Subparagraph (2) of Section 3, Section 24-B (relating to the
professional and office building district), not be repealed but be
preserved; and that the moratorium on commercial building permits
be extended ten days.
i~1
~ I
, J
'--.J
Voti ng Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
, Cummings, Schwartzel
,None
None
Motion - 'was' made by Councilmember Schwartzel, seconded by
Council member Higley, that Ordinance Number 1252 be amended to
provide special effective dates' for some features of the new
ordinance as follows: amend Subsection (1) of Section 5 by adding
a new sub-paragraph (6) to read'as follows: ,
11(6) Notwithstanding the foregoing, after August 31, 1986,
this subsection does not apply to violation of the following [ "
provisions of this section:
(i) Paragraph ..(5) of Subsection (e), first
sentence (relating to special screens).
(ii) Paragraph (7) of Subsection (e) (relating to
outdoor storage).
(iii) Paragraph (2) of Subsection (f) (relating to
lighting).1I
Motion was made by Councilmember Bryan, seconded by Councilmember
Higley, that Ordinance Number 1252 be further amended to clarify
the IIPervious Areall' definition by amending Paragraph (16) of
Subparagraph (b) of Section, 5 to read as fo~lows:
II (16) IIPervious areall means an area of, natural ground
,covered by grass, trees, shrubs or other living plants, all
designed, constructed and maintained to allow water to pass
through, be retained or' absorbed, thus preventing excess
water flow off the property. The area occupied by impervious
landscape materials (such as, for example, borders, stepping
stones or retaining walls) or by paving materials (including,
for example, gravel and concrete or composite materials with II 1
spaces for grass or, living plants) is not counted in the
computation of pervious ,area. II L
Regular City Council Meeting, February 10, 1986
1&1
l :
n
Motion was made by CouncilmemberHigley, seconded by Councilmember
Schwartzel, that Paragraph (4) of Subsection, (e), ocf Section 5 of
Ordinance Number 1252 relating to the requirement for boundary
fences be amended to read as follows:
"(4) Transition Features. Along every common boundary
between a parcel containing a structure and any residential
district, there must be an opaque fence or wall eight feet in
height. Unless both sides of the fence or wall are finished,
the finished side must face the residential district. Where
a parcel containing a building or structure lies directly
across a street from any property within a'residential
district, there must be the greatest practical amount of
pervious area ~ithin the front ten feet of the parcel."
Motion was then made by Counci lmember Schwartzel, seconded by
Counci lmember Bryan, that the above amendments be tabled until the
City Attorney can incorporate the amendments into Ordinance Number
1252 on the table.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
c
Mayor Parks presented Ordinance Number 1253 for second reading and
read the caption as follows:
AN ORDINANCE RELATING TO OFF-STREET" PARKING AND RELATED
MATTERS; AMENDING THE ZONING ORDINANCE; PRESCRIBING A
PENALTY; AND CONTAINING FINDINGS AND OTHER PROVISIONS RELATED
TO THE SUBJECT.
Motion was made by Councilmember Schwartzel, seconded by
Council member Cummings ,: that Ordinance Number 1253 be adopted on
second reading.
The City Attorney suggested that Ordinance Number 1253 may be
cross-referenced in Ordinance Number 1252 and recommended 1253 be
tabled. until he could verify the ordinance.
Moti on was made by
Counc i 1 member Cummi ngs ,
the City Attorney had
ordinance.
,Counci lmember Schwartzel, seconded by
that Ordinan~e Number 1253 be tabled until
time to check 'out theamel)dments to the
; .
n
Voting Aye:
Voting No:
Abse,nt:f.. :
Mayor Parks, Councilmembers Higley, Bryan,
.Cummings, Schwartzel '
None
NOJne
Mayor Parks presented Ordinance Number 1254 for the second reading
and read the caption as follows:
l62
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Regular City Council Meeting, February 10, 1986
AN ORDINANCE RELATING TO SWIMMING POOLS; AMENDING THE CODE OF
ORDINANCES; PRESCRIBING A PENALTY AND CONTAINING FINDINGS AND
OTHER PROVISIONS RELATED TO THE SUBJECT
I
, ,
~
Moti on was made by Counci 1 member Bryan, seconded by Counci lmember
Cummings, that Ordinance Number 1254 be adopted on second reading.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
Mayor Parks presented Ordinance Number 1255 for the second reading
and read the caption as follows:
AN ORDINANCE RELATING, TO FENCES; AMENDING THE CODE OF
ORDINANCES; PRESCRIBING A PENALTY AND CONTAINING FINDINGS AND
OTHER PROVISIONS RELATED TO THE SUBJECT
Motion was made by Councilmember Higley, seconded by Councilmember
Bryan, that Ordinance Number 1255 be adopted on second reading.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
.None
u
FINANCIAL CONSULTANTS: Consideration was given to authorizing the
Mayor to enter into a contract for financial consultation services.
In discussion, Mayor Parks advised City Council that Masterson &
Company had agreed to (a) assist ',and ,advise the City in
preparation of materials for presentation to the rating service
(b) recogni zed the Ci ty IS sincere interest and potenti a 1 abil i ty
for improvement of the City's present rating with the, agency, and
(c) to consult and advise with city staff and City Council on
appropriate procedures and methods for accomplishments of these
goals.
Councilmember Schwartzel stated that the law firm of which he is a
partner associates with Tom Masterson & Company and for that
reason, I will leave the room and not participate in the vote on
thi s agenda item. Counci lmember Schwartze,l left Council Chamber.
Motion was made by Councilmember Higley, secunded by Councilmember
Bryan, that Mayor Parks be authorized to enter into a contract
with the firm of Masterson & Company for financial consultation
services for projects to be funded through the issuance of bonds.
Voting Aye:
Voting No:
Abstaining:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings
None
Councilmember Schwartzel
I
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Regular City Council Meeting, February 10, 1986
16:3
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Council member Schwartze', returned to Council Chamber.
PURCHASE OF (2) 29 YARD SIDE-LOADING REFUSE TRUCKS: In accordance
with previous action of City Council, consideration was given to
the' recommendation for award of contract for the purchase of the
two refuse trucks. Bid opening, as advertised, was held on
Wednesday, January 29, 1986, at 2:30 P.M. in the Conference Room
with the following bids received:
Mac~ Trucks, Inc.
Environmental Sa1es and
Service Inc.
$ 94,769.00
$ 92,965.00
BID DAYS BID DELIVERY
BOND IN FORCE DATE
Yes 30 days 120 days
after
receipt of
order
Yes 60 days 8 months
Yes 60 days 90-120 days
Yes 90 days 150 days
from
receipt of
order
BIDDER
South Loop Ford Trucks
Sa 1 es, I nc .
AMOUNT OF BID
PER UNIT " ,
$ 76,146.00
Industrial Disposal Supply $ 95,469.00
o
The City Manager advised Council that he concurred with the Public
Works Superinten~ent'srecommendatiDn to award.the bid to
Environmental Sales and Service as the lowest reliable bidder at
their bid amount of $92',469.00. These trucks. are- the Crane
Carrier type that the City has used ;in the past. One truck will
be partly paid for by the insurance,mondey received for the refuse
truck that burned. . .
Mot i on was made by CounC'i:l member Cummi ngs, seconded. by
Councilmember Higley, that- City Council accept the recommendation
from staff and award the contract to purchase two 29-yard refuse
trucks to the lowest reliable bidder, Environmental Sales and
Service, at the bid price of $92,965.00 per unit er $185;930.00
for the two trucks.
Voting Aye:, Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
Voting No: None
Absent:! None
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SEWER SYSTEM REPLACEMENT PROGRAM: Consideration-was given to
authorizing the City Manager to execute the contract with Topco
, Co., Inc., for survey work on the Sewer System'Replacemen.t Project.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Bryan, that the City Manager be authorized to
execute the contract with Topco Co., Inc. for survey work on the
certain sewer, system lines as, requested by ithe !c.i,ty~ '
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Regular City Council Meeting, February 10, 1986
Voting Aye:
Voting No:
Absent:
Mayor Parks,Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
----.
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SWIMMING POOL REPAIRS AT COLONIAL PARK: Consideration was given to
Change Order No. 1 and Final Payment in the amount of $18,346.00
to Sylvan Pools of Texas for renovations to the filtration system
and the underwater electrical lighting system.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Bryan, that Change Order No. 1. and final payment in
the amount of $18,346.00 be approved for payment to Sylvan Pools
of Texas.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings~ Schwartzel
None
None
WATER LINE REPLACEMENT ON RICE BLVD: Consideration was given to the
Change Order No.3, and Final, and Monthly Estimate No.3 and
Final Payment in the amount of $5,244.90 to Ella Contracting Co.
for work completed on the water line replacement project.
Motion was made by Councilmember Schwartzel, seconded by IUI
Councilmember Bryan, that final payment in the amount of $5,244.90
to Ella Contracting Co. be approved for payment.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings,Schwartzel
None .
None
RE-ROOFING OF COMMUNITY BUILDING: Consideration was given to the
request for authorization to advertise for bids for the re-roofing
of the Operations Department Garage.
Motion was made by Councilmember Schwartzel"seconded by
Councilmember Bryan, that the City Manager be authorized to
advertise for bids for the re-roofing of the Operations Department
Garage. '
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
RENOVATIONS TO RACQUETBALL COURT #2: Consideration was given to
the request for authorization to advertise for bids for the
replastering of Colonial Park Swimming Pool.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Bryan, that the City Manager be authorized to
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Regular City Council Meeting, February 10, 1986
~..
165:
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advertise for bids for the replastering of Colonial Park Swimming
Pool.
Voting Aye:
Voting No:
Absent:
Mayor Parks,Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
PURCHASE OF POLICE VEHICLES: Consideration was given to the invoice
in the amount of $~46.05 submitted by H.ouston-Galveston Area
Council for the purchase of four police vehicles.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Bryan, that 'the invoice in the amount of $46,846.05
due Houston-Galveston 'Area Council, for purchase of police vehicles
be approved for payment~
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings', Schwartzel
None
None
LEGAL SERVICES: Consideration was given to the invoice in the
amount of $4,725.90 submi ttedfor' lega 1 serv ices for the month of
January 1986.
o
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Bryan,: ,:th'at the invoice in the amount of '$4;725.90
be approved for payment.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings) Schwartzel
None
None
COUNCIL COMMENTS:Councilmember Higley" remarked that -,she had a
resident call with a complaint concerning children riding skate
boards in ~the streets'. ' It was, bre:ught to:.~our attention that the
city had an ordinance proliibiting skate boards on the streets
except while crossing a street in a cross walk. ,J have personally
witnessed the police enforcing this ordinance and appreciate the
prompt \ actlion of city .'S.taff.;:~, : . i' "\I,ll.:, ; ;[
<{ ,,,'
STAFF REPORT: City'Manager, Mr. Rockenbaugh, distributed the agenda
for workshop session on February 13, 1986.
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'CITY COUNCIL MEETING MINUTES: Minutes of the regular meeting of the
City Council on January 20, 1986, were presented for consideration.
n
Motion was made by Councilmember Higley, seconded by Councilmember
Bryan ,that the mi:nutesof-:the ,regular c;;ty- counci.l meeting on
January 20, 1986, be approved as submitted.
Voting Aye:
Mayor Parks, Councilmembers Higley, Bryan,
. OlII....."'f~..llI ,~ .. . , ' , ,
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Regular City Council Meeti.ng, February 10,"1986
Voting No:
Absent:
Cummings, Schwartzel
None
None
The City Attorney" Mr. , Dougherty, adv.ised City Council that he had
made certain amendments to Ordinance :Number 1252: _deleted
references to the "Professional and Office Building District" and
renumbered where appropriate. The main change will be on the
first page of the ordinance where the, scope of the ordinance would
be limited to just the; retail business and iexcludi.ngthe
references' to the offi ce bu il dingdi s tr; ct. The three. amendments
to Appendix A of this ordinance have been brought forward and
engrossed into the proper paragraphs.
"
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Higley that Council bring off the table the;
amendments to Ordinance 1252 and the Appendix A attached thereto.
Voting Aye:
Voting No:
Absent:
Mayor! Parks" Councilinember Higley,. Bryan,
Cummings, Schwartzel
None
None
'Mayor Parks presented amendment to Subsection '(1)of,Sect;on 5
which added a new subparagraph (6) relating to special effective
dates for some features of the new ordinance:
Motion was made by Counc,i 1 member _Schwartzel, seconded by'
Councilmember Higley, that the amendment relating to special
effective dates for some features of the new ordinance be adopted
as presented.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
Mayor Pa,rks presented the :,amendmentto paragraph (16) of.
subparagraph (b) of Section 5clarifying,the "Pervious Area"
definition.
Motion was made by Councilmember Bryan, seconded by Councilmember
Higley, that the amendment to the "Pervious Area" definition be
adopted as presented.!
, Voti ng Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
, Mayor Parks presented the amendment to Paragraph (4) of Subsection
(e) relating to the requirement for boundary fences.
,~~~l...... .,......... . _ ".-~",,',..;
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Regular City Council Meeting, February 10, 1986
167~-r
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Moti on was made by CO,unci 1 member Hi gl ey, seconded bYdCounci 1 member
Schwartzel, tha,t the amendment to Paragraph (4) of Subsection (e)
be adopted as presented.
Voting Aye: Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
, Voting No: None
Absent: None
Mayor Parks recommended Council consider a motion to take from the
table the modified Ordinance 1252.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Bryan, that Council take from the table Ordinance
Number 1252: AN ORDINANCE RELATING TO COMMERCIAL DISTRICT ZONING;
AMENDING THE ZONING ORDINANCE TO ESTABLISH A COMMERCIAL DISTRICT
AND REGULATIONS THEREIN, TO INCLUDE RELATED PROVISIONS AND TO
REPEAL OTHER PROVISIONS; AND CONTAINING FINDINGS AND OTHER
PROVISIONS RELATED TO THE SUBJECT.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers, Higley, Bryan;
Cummi ngs, Schwartze 1 '.
None
None
o
Mayor Parks presented the modified Ordinance Number ll52 for'
second but not final reading.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Bryan, ,that Ordinance Number 1252, as modified -
during this council meeting, be accepted on second but not final
reading.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
Mayor Parks recommended Council consider a motion to take from the
table Ordinance 1253.
Motion was made by Councilmember Higley, seconded by Councilmember
Cummings, that Council take from the table Ordinance No. 1253: AN
ORDINANCE RELATING TO OFF-STREET PARKING AND RELATED MATTERS;
AMENDING THE ZONING ORDINANCE; PRESCRIBING A PENALTY; AND
CONTAINING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT.
c
The City Attorney advised Council that, tQ be best of his
knowledge, there were no amendments to Ordinance Number 1252
cross-referenced in Ordinance Number 1253.
Mayor Parks called for a vote on the motion to adopt Ordinance
Number 1253 on its second reading.
168
Regular City Council Meeting, February 10, 1986
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings~ Schwartzel
None
None
J
ADJOURNMENT: With no further business to come before Council at
this time, motion was made by Councilmember Schwartzel, seconded
by Councilmember Bryan, that the meeting adjourn. Such motion
'carried and the meeting was adjourned at 10:20 P.M.
o
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REGULAR CITY COUNCIL MEETING
FEBRUARY 24, 1986
7:30 P.M.
City Council convened in regular session at the Saint George Orthodox
Church, 5311 Mercer; in the City of West University Place, on Monday,
February 24, 1986, with the following members present: Mayor Parks,
presiding; Councilmembers Higley, Bryan, Cummings, and Schwartzel.
A 1 so present were the City Manager, City Secretary, City Attorney and
the Director of Administration. Councilmember Schwartzel delivered the
invocation and led the Allegiance to the Flag.
HEARING OF RESIDENTS: Mayor Parks invited residents to speak who
had matters they wished to bring to the attention of the City
Council which had not previously been submitted to the City
Manager.
There were none present who wished to address City Council.
CITIZEN RESPONSE TO AGENDA ITEMS: . Mayor Parks invited residents who
wished to address a specific agenda item to speak at this time.
IT]
There were none present, who wished to speak concerning an agenda
item .
ITEMS TO BE REMOVED FROM CONSENT AGENDA: No member of City Council
desired to remove an item from the consent agenda.
CONSENT AGENDA: Moti on was made by Council member Cummtngs, seconded
by Councilmember Higley, that the consent agenda be approved in
accordance with staff recommendation.
. ". ' ~ ~
CERTIFICATE OF' CONFORMANCE AND AWARD .OFFINANCIAL REPORTING
ACHIEVEMENT: Mr. Lance Lalor, State Representative from the
Government Finance Officers Association, addressed Council stating
that he was presenting two awards: the Certificate of Conformance
in Fi nanc i a 1 Reporting to the Ci ty and the Award of Fi nanc i a 1
Reporting Achievement to ,Donna L.Sims, Director of Administration
and Finance, as the officer instrumental in the City of West
University Place achi'eving- the. Certiftcate' of Gon1formance. Mr.
Lalor presented the Certificate of Conformance to Mayor Parks and
then presented the Award for Financial' Reporting Achievement to
Donna Sims.
[J
Mayor Parks: ,and City Council congratulated Ms. Sims on her
achi evement profess i ana lly and on behalf of the Ci ty. Ms. Sims
thanked Council and stated that the achievement exhibited a
cooperative effort from the Finance Department Personnel and the
auditors.
ORDINANCES RELATING TO COMMERCIAL DISTRICT ZONING AND REGULATIONS, AND
RELATED MATTERS: In accordance with previous action of City Council,
170
Regular City CQunci1 Meeting, February 24, 1986
the City Attorney, Jim Dougherty, presented proposed amendments to
Ordinance ,Number 1252 asfo 11 ows:
Amendment to the first clause of Section 3 to read as follows:
"Section 3. Except as otherwise provided in Section 6, the
fo11~wing portions of the zoning ordinance are hereby
repealed. II
Amendment ,to Section 6 to read in its entirety as follows:
"Secti on 6., fa) All ordi nances and parts of ordi nances in
conflict herewith are hereby repealed to the extent of the
conflict only, except asotherwi se provided in Section 3
hereof or in this ,Section. '
(b) Should any other ordinance apply to
persons or property formerly within the retail business
district, it is the intent of the City Council that this
ordinance shall also apply. If such other ordinance is more
restrictive than this ordinance, such other ordinance shall
govern and control; in all other respects, this ordinance
shaH govern and control. Should all or any major portion of
this 'ordinance beheld inapplicable to any such persons or
property, it is the intent of the Ci ty Counci 1 that such
persons or property shall not be unregulated to that extent,
but that instead those ordinances formerly applicable to such
persons or property whi ch may be repealed by thi s ordi nance
sha1 T continue to apply to such persons and properties, and
. such repeaTed ordinances are continued in effect for this
purpose. II
Amendment ,to Paragraph (1) of Subsection (a) of the proposed new
section 5 of the Zoning Orpi nance (Appendi x A) to read in its
entirety as follows:
"(1) The commercial district includes those areas within the
retail business district of the City, as such retail business
district has ,been heretofore established, amended and added t()."
Motion was made by Council member Higley, seconded by Counci 1member
Bryan, that' City .,Courlci 1 adopt the amendments to Ordinance as
presented 1 and.,',that the amendments be incorporated into Ordinance
Number 1252 on the third reading.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Counci1members Higley, Bryan,
Cummings, Schwartze1
None
None
Mayor Parks presented Ordi nance Number 1252 for the thi rd readi ng
and read the caption as follows:
u
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Regular City Council Meeting, February 24, 1986
'171,'"
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AN ORDINANCE RELATING TO COMMERCIAL DISTRICT ZONING; AMENDING THE
ZONING ORDINANCE TO ESTABLISH A COMMERCIAL' DISTRICT AND
REGULATIONS THEREIN, TO INCLUDE RELATED PROVISIONS AND TO REPEAL
OTHER PROVISIONS; AND CONTAINING 'FINDINGS AND OTHER PROVISIONS
RELATED TO THE SUBJECT.
Motion was made by, Councilmember C~mmings, seconded by
Counci 1 member Bryan, that Ordinance Number 1252 be accepted, as
amended, on third but not final reading.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartz~l
None
None
Mayor Parks presented and read Resolution Number 86-02 as follows:
RESOLUTION NO. 86-02
c
RESOLUTION AMENDING RESOLUTION NO. 86-01
(RELATING TO CERTAIN BUILDING PERMITS DURING A
TEMPORARY PERIOD PENDING THE CONSIDERATION OF
PROPOSED AMENDMENTS TGTHE. ZONING ORDINANCE OF
THE CITY OF WEST UNIVERSITY PLACE) AND EXTENDING
THE TEMPORARY PERIOD DESCRIBED THEREIN.
WHEREAS, by the passage .0fReso'lution No. 85-25 on October 28,
1985, the City Council restricted the issuance of certain building
permits pending the consideration of certain amendments to the City's
zoning ordinance, and by the passage of Resolution No. 86-01 on January
20, 1986, the temporary period of restriction was extended through and
including March 1, 1986; and
.;
WHEREAS, it appears that, although substantial progress has been
made in connection with the proposed amendments, a limited additional
period is required to complete the City Council's consideration of the
proposed amendments and to provide time for the publication of such
amendments and the waiting period prescribed by the City Charter for
any such amendments to take effect; '.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF 'THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
n
Section 1. The temporary period described in Section 2 of
Resolution No. 85-25 and extended by Resolution No. 86-01 is hereby
extended through and including March 25, -1986, unless:an ordinance
establishing the "commercial" classification and prescribing
comprehensive provisions for the;cl'assificatidri,as' contemplated by
Resolution No. 85-25, takes effect'soonen, in which case :the temporary
period ends upon the effective date of such ordinance.
172
Regular City Council Meeting, February 24, 1986
Section 2. If any word, phrase, clause, sentence, paragraph, UI
section or other part of this resolution or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this resolution and the application of such word, phrase, clause,
sentence, paragraph, section or other part of this resolution to any
other persons or circumstances shall not be affected thereby.
Section 3. All resolutions and parts of resolutions in conflict
'herewi th are hereby repeal ed to the extend of the confl i ct only.
Section 4. The City Council officially finds, determines and
declares that a sufficient written notice of the date, hour, place and
subject of each meeting at which this resolution was discussed,
considered or acted upon was given in the manner required by the Open
Meetings Law, TEX. REV.CIV. STAT. ANN. art. 6252-17, as amended, and
that each such meeting has been open to the public as required by law
at all times during such discussion, consideration and action. The
City Council ratifies, approves and confirms such notices and the
contents and posting thereof.
PASSED AND APPROVED THIS
day of
, 19 8.6..
Councilmembers Voting Aye:
Councilmembers Voting No:
Michael L. Parks, Nayor
o
ATTEST:
Audrey Nichols
City Secretary
(SEAL)
APPROVED AS TO FORM:
James L. Dougherty,
City Attorney
Motion was made by Councilmember Bryan, seconded by Councilmember
Higley, that Resolution Number 86-02 be adopted as presented.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
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EXECUTION OF CONTRACTS: Mayor Parks presented Ordinance Number 1256
and read the caption as follows:
Regular City Council Meeting~ February 24, 1986
173
ORDINANCE NUMBER 1256
AN ORDINANCE RELATING TO CONTRACTS AND AGREEMENTS; DEFINING
THE AUTHORITY OF CERTAIN CITY OFFICIALS; AMENDING THE CODE OF
, ORDINANCES; AND CONTAINING FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT.
The City Attorney pointed out that~ as Council had requested~ the
proposed ordinance provided for limitations on the amount of money
involved; provided for a list of contracts executed by the City
,Manager to be submitted to Council since the last regular Council
meeting; and provided for emergency contracts which are necessary
to preserve life or property~ under circumstances when it is
necessary to take immediate action and it is impractical to await
a Council meeting.
Motion was made by Countilmember Higley~ seconded by Councilmember
Bryan~ that City Council accept Ordinance Number 1256 on first
reading as presented.
o
Voting Aye:
Voting No: :'
Absent:
Mayor Parks, Councilmembers Higley~ Bryan~
Cummings~ Schwartzel
None
None
[-j
VIRGINIA COURT STREET PROPERTY: The Ci.ty Attorney reported that he
had made every attempt to contact the parties involved in the
Agreement~ but had been unsuccessful. However~ if Council wished~
they might approve the' Agreement in general form~ as it was last
considered~ with approval to make minor changes.' The City would
be able to go ahead and execute the contract if the mfnor
difficulties can be negotiated and agreed upon.
Councilmember Schwartzel suggested, and City Council concurred~
that Council wait until the contract .is signed by the parties to
the Agreement before taking any action. '
TELEPHONE SERVICE: Cons,ideration was given to: the r,equest fOir
authorization to advertise for bids fora city telephone system.
Motion was made byCounci 1 memberCummi ngs, :seconded by
Councilmember Hiigl ey ~ that the City Manager be authori zed to
, advertise for bids for the leaselpurchase ofa telephone service
for city.
Voting Aye: . Mayor Parks, Councilmembers Higley, Bryan,
Cummings~ Schwartzel
Voting No: None
Absent: ,None
PURCHASE OF GARBAGE BAGS:,.Consideration was given to authorizing
the purchase of rolls of garbage bags from Houston-Galveston Area
Council 'for $54~!56;60. '
174
Regular City Council Meeting, February 24, 1986
Motion was made by Councilmember Cummings, seconded by
Councilmember Higley, that Council authorize the purchase of
22,500 rolls of garbage bags from Houston-Galveston<Area Council
at the cost of $54,156r60~
L
Voting Aye:
Voting No:
Absent:
Mayor Parks,Councilmember Higley, Bryan,
Cummings, Schwartzel
None
None
As an urgent public necessity to further the public welfare of the
inhabitants of the city, City Council considered the emergency
agenda i tern as fo 11 ows: '
WATER AND SEWER REPLACEMENT PROGRAM: In accordance with a previous
request from City Council, Mr. Rockenbaugh presented the proposal
submitted by Gutierrez, Smouse, Wilmut & Assoc., Inc., dated
February 24,1986, relating to the utility renovation. p.rogram.
The proposal is fo~th~ purpose of evaluating and analyzing data
prepared for the city by consultants and city staff with regards
to the Utility Renovation Program.
After discussion, motion was made by Councilmember Higley,
seconded by Councilmember Cummings, that City Council accept the
proposal conditioned on Gutierrez, Smouse, Wilmut&Assoc., Inc., D'
agreei ngto amend their proposal as follows:
(a) specify "UtilityRenovation, Program" includes both, water
and wastewater lines, and
(b) Paragraph B. Engineering Report be amended by adding
another item: "GSW.S opinion as to whether or not additional
testing is needed";
and upon such agreement, the city issue the "Notice to Proceed".
Voting Aye:
Voting.No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None '.
COUNCIL COMMENTS: Councilmember Bryan commented that Municipal Court
Clerk Iola Pickul and Detective John Johnston attended Career Day
at Pershing Middle School where each one talked to the students
about their respective positions with the' City. Councilmember
Bryan expressed her appreciation for their participation as
representatives of West University Place.
STAFF REPORT: Mr. Rockenbaugh distributed a draft of the "City
Currents" for input from Council before printing.
. ,1
CITY COUNCIL MEETING MINUTES: Minutes of the regular city council
meeting on February 10, 1986, were presented for consideration.
Motion was made by Council member Schwartze1, seconded by
Councilmember Bryan, that the minutes of the regular city council
meeting on February 10, 1986, be approved as submitted.
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Regular City Council Meeting, February 24, 1986
175
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Voting Aye:
Voting No:
Absent:
Mayor Parks" Councilmembers Higley, Bryan,
Cummi ngs, Schwa rtze 1
None
None
ADJOURNMENT: With no further business to come before Council at'this
time, motion was made by Councilmember Schwartzel, seconded by
Councilmember Bryan, that the meeting adjourn. Such motion
carried and the meeting was adjourned at 8:04 P.M.
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176
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,REGUL.:AR,CrTV, COUNCIL MEETING
MARCH 10, 1986
7:30 P.M.
'. ~ . i
City Council convened in regular session at the Saint ,George Orthodox
Church, 5311 Mercer, in the Gity of West University Place, on Monday,
March 10, 1986,! with the ,following, members present: Mayor Parks,
presiding; Councilmembers Higley and Schwartzel. The following members
were absent: Councilmembers Bryan and Cummings. Also present were the
City Manager;' Ci ty Attorney, City Secretary, Di rector of Operati ons and
the Chief of Police.
HEARING OF RESIDENTS: Mayor ,Parks invited residents to speak who had
matters they wished to bring to the attention of the City Council
which had not previously been submitted to the City Manager.
There were none present Who wished to address City Council.
CITIZEN RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who
wished to address a specific agenda item to speak at this time.
There were none present who wished to speak concerning an agenda
item.
ITEMS TO BE REMOVED FROM CONSENT AGENDA: No member of City Council
desired to remove an item from the consent agenda.
o
CONSENT AGENDA: Motion was made by Councilmember Higley, seconded by
Councilmember Schwartzel, that the consent agenda be approved in
accordance with staff recommendation.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Schwartzel
None
Councilmembers Bryan, Cummings
ORDINANCE RELATING TO COMMERCIAL DISTRICT ZONING AND REGULATIONS. AND
RELATED MATTERS: Mayor Parks presented Ordinance Number 1252, as
amended, for the fourth reading and read the caption as follows:.
AN ORDINANCE RELATING TO COMMERCIAL DISTRICT ZONING; AMENDING THE
ZONING ORDINANCE TO ESTABLISH A COMMERCIAL DISTRICT AND
REGULATIONS THEREIN, TO INCLUDE RELATED PROVISIONS AND TO REPEAL
OTHER PROVISIONS; AND CONTAINING FINDINGS AND OTHER PROVISIONS
RELATED TO THE SUBJECT.
In accordance with Charter requirements, copies of Ordinance
Number 1252, as amended and in. the form requi red for adopti on,
were available to all members of Council and a reasonable number :l
of additional copies available to interested citizens present. ~
177
Regular City Council Meeting, March 10, 1986
Motion was made by' Counctlmember Schwartzel, seconded by
Counci lmember Hi gl ey, that Ordinance Number 1252 be adopted as
presented on the fourth reading.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Schwartzel
None
Councilmemb~rs Bryan, Cummings
EXECUTION OF CONTRACTS: Mayor Parks presented Ordinance Number 1256
for the second reading and read the caption as follows:
AN ORDINANCE RELATING TO CONTRACTS AND AGREEMENTS; pEFINING
THE AUTHORITY OF CERTAIN CITY OFFICIALS; AMENDING THE CODE OF
ORDINANCES; AND CONTAINING FINDINGS ,AND PROVISIONS RELATING
TO THE SUBJECT. '
In accordance with Charter, requirements, copies of Ordinance
Number 1256, as amended and in the form requi red for adopti on,
were avaiTableto all members of Coelncil and a reasonable number
of additional copies available to interested citizens present.
Motion was made by Councilmember Higley, seconded by Councilmember
Schwartzel, that Ordinance Number 1256 be adopted as presented on
second reading.
[
Voting Aye:
Voting No:
Absent:
Mayor Parks, Council members Higley, Schwartzel
None
Councilmembers Bryan, Cummings
VIRGINIA COURT STREET PROPERTY: City Attorney Jim Dougherty advised
Council that quite a bit of progress had been made toward reaching
an agreement >wi th the developers of the Virgi ni a. Court Street
property and wi th the one res i dent. Mr. Dougherty presented a
document outlining the changes that had been made to the agreement
to date and reviewed the changes with Council.
After discussion, Council member Schwartzel: recommended, and
Council concurred, that the Agreement be worded in such a manner
that City Council and the Zoning and Planning Commission would not
be bound toapresupposed action or decision.
UTILITY LINE RELOCATION PROJECTS: Mayor Parks presented Ordinance
Number 1257 for the first reading and read the caption as follows:
AN ORDINANCE RELATING TO RELOCATED WATER AND SEWER UTILITY
LINES; CONTAINING PROVISIONS RELATING TO CONNECTIONS TO, AND
SERVICE FROM, SUCH LINES; AMENDING THE CODE OF ORDINANCES;
AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.
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After discussion, motion was made by Coundlmember Schwartzel,
seconded by Councilmember Higley, that Sec. 23-8, Relocation of
Projects. Paragraph (b), subsection (iii) be amended by
adding: The speciaildate must be applied for prior to the later
of the dates described in (i) and (ii) ~bove.
178
Regular City Council Meeting, Mar.ch 10, 1986
Voting Aye:
Voting No:
Absent:
Mayor Parks, Counci1members Higley, Schwartze1
None,
Counci1members Bryan, Cummings
Motion was then made by Counci1member Schwartze1, seconded by
Counci1member Higley, that Ordinance Number 1257 be accepted as
amended on first reading.
Voting Aye:
,Voting No:
Absent:
Mayor Parks~ Cuunci1members Higley, Schwartze1
None
Counci1members Bryan, Cummings
PURCHASE OF (1) HALF TON PICKUP TRUCK: In accordance with previous
action of the City Council, consideration was given to the
recommendation to award the contract for purchase of a half ton
pickup truck for the Water Division. Bids received until 2:00
P.M., Thursday, February 27, 1986, were opened and the results
announced as follows:
Bidder
North Point & Associates
8455 N. Freeway
Houston, Tx 77238
Jack Roach Ford
2727 Southwest Freeway
Houston, Tx 77265-5085
Westway Ford Inc.
P.O. Box 36344
Houston, Tx 77036
Knapp Chevrolet
815 Ho~~ton Ave.
Houston, Tx 77210
South Loop Ford
Truck Sales, Inc.
8901 E. Almeda Rd.
Houston, Tx 77248 ,
Lone Star Ford
8477 North Freeway
Houston, Tx 77037
Amount Bid
$8906.00
Dodge D150
(Bid two exceptions: does not meet
specifications)
$8,938.36
Ford 150
$8,956.85
Ford F150
$8,999.00
Chev C-I0
$9,174.63
Ford F150
$9,268.00
Ford F150
$9,939.75
Ford F150
Tommy Vaughn Motors
1145 N. Shepherd
Houston, Tx 77248
Mati on was made by Councilmember Hi gl ey, seconded by Counci 1member
Schwartze1, that City Council accept staff's recommendation and
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Regular City Council Meeting, March 10,,1986
179
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award the bid to the second 1 owest,bi dder, Jack Roach Ford in the
amount of $8,9,38..36 with a 6-8 week delivery period.,
Voting Aye:
Voting No:
Absent:
Mayor' Parks, Councilmembers Higley, Schwartzel
None
Councilmembers Bryan, Cum~ings
PURCHASE OF DIESEL 25,500 GVW CAB AND CHASSIS: In accordance with
previous action of City Council, consideration was given to the
recommendation to award the contract for purchase of a Diesel
25,500 GVW Cab and Chassis for the Street Divi.sion. Bids
received until 2:00 P.M., Friday, February 28,' 1986, were opened
and the results announced as follows:
Bidder
Amount Bid
,
A.C. Collins Ford Inc.
1831 South Richey
Pasadena, Tx 77501
$19,500.00
Ford. F 700
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Knapp Chevrolet
815 Houston Ave.
Houston, Texas 77210
Olympic Intll Trucks, Inc.
5401 Washington Ave
Tx 77007,
$20,000
Chev C 70
$20,356.00
International Houston,
S1654
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South Loop Ford Truck
Truck Sales, Inc.
8901 E. Almeda Rd.
Houston, Tx 77245
A.J. Foyt Chevrolet, Inc.
10306 S. Post ,Oak Rd.
Houston, Tx 77035
Jim Ball International Inc.
3300 North Main Street
Bay town, Tx 77520
$20,763.00
FordF 700
$21,678.06
Chev C .70
$22,857~00
International
S1654
Moti on was made by Counci 1 member Schwartze 1, seconded by
Councilmember ; ,Hi gley, that City . Council' accept Staffl s
, ,recommendation and award the 'bid to the lowest bidder, A. C.
Collins For.d, Inc., at the bid price of $19,500.00 with a delivery
date of 120-150 days.
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Voting Aye:
Voting No:
Absent:
Mayor Parks,Councilmembers Higley, Schwartzel
N'one .
Councilmembers Bryan, Cummings
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Regular City Council Meeting, Mar:th:10, 1986
SWIMMING POOL REPAIRS: City Council considered the recommendation
to award the contract for the replastering of the Colonial Park
Swimming Pool:., Bids received until 2:00 P.M., March 4,1986, were U
opened and results announced as follows:
Bidder
Andrews Pool Bay Area, Inc.
16532 Sealark
Houston, Tx77062
Watts Pool Company
11150 Katy Rd.
Houston, Tx 77043
Sylvan Pools of Tx, Inc.
11020 Old Katy Rd.
Houston, Tx 77043
Base Bid:
Alternate L
.Alternate. 2 .
Base Bid
Alternate 1
Alternate 2
Base Bid
Alternate 1
Alternate 2
Amount Bid
$21,150.00
1,800.00
850.00
$24,028.00
950.00
1,200.00
$68,850.00 I
1,275.00
1,500.00
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Higley, that City Council accept Staff's
recommendation and award the contract for replastering the
swimming pool to Andrews Pool Bay Area, Inc., at the total bid
price of $22,900 including Alternate ,1 and Alternate 2.
Voting Aye:
Voting No:
Absent:
o
Mayor Parks, Councilmembers Higley, Schwartzel
None
Councilmembers Bryan, Cummings
JANITORIAL SERVICE: Consideration was given to authorization, to
adverti se for bi ds for janitori a 1 servi ce for the Pol ice
Department and the Library building.
Motion was made by Councilmember Higley, seconded by Councilmember
Schwartzel, that the City Manager be authorized to advertise for
bids for janitorial servic~ for the Police Department and the
Library building.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Schwartzel
None
Councilmembers Bryan, Cummings
CONTRACT FOR ASBESTOS REMOVAL AND MISCELLANEOUS WORK AT CITY HALL:
Consideration ,was given, to the application for payment in the
amount ,of $56,672.25 'submitted, by David Evans Contracting Inc.,
for work completed on the City Hall through February 28, 1986.
Motion was made by Councilmember Higley, seconded by councilmemberu II
Schwartzel, that the application in the amount of $56,672.25 be
approved for payment to David Evans .Contracting Inc.
Voting Aye:
Mayor Parks, Councilmembers Higley, Schwartzel
Regular City Council Meeting, March 10, 1986
181'
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Voting No:
Absent:
None
Councilmembers Bryan, Cummings
LEGAL SERVICES: Consideration was given to the invoice in the
amount of $3,856.80 submi tted for 1 ega 1 servi ces provi ded on the
City's behalf for the month of February 1986.
Motion was made by Councilmember Higley, seconded by Councilmember
Schwartzel, that the invoice in the amount of $3,856.80 be
approved for payment.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Schwartzel
None'
Councilmembers Bryan, Cummings
HARRIS COUNTY APPRAISAL DISTRICT: Consideration was given to the'
invoice in the amount of $7,128.00 to the Harris County Appraisal
District for the City's second quarter assessment for 1986.
Motion was made by Councilmember Higley, seconded by Couneilmember
Schwartzel, that the invoice to the Harris County Appraisal
District be approved for payment.
o
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Schwartzel -
None
Councilmeinbers Bryan, Cummings
COUNCIL COMMENTS: Councilmember Higley inquired as to whether the
City had a response from Metro Transit Authority.
Mr. Rockenbaugh advised he had a meeting with the representative
from MTA on Thursday, March 13, 1986, at 10:00.
STAFF REPORT: Mr. Rockenbaugh distributed a letter to Peat
Marwick for Council's review.
CITY COUNCIL MEETING MINUTES: Minutes of the regular city council
meeting on February 24, 1986,; Were presented for consideration.
Motion was made by Councilmember Higley, seconded by Councilmember
Schwa rtze 1, that the mi nutes of the regu 1 arc i ty counc i 1 meeting
on February 24, 1986, be approved as submitted.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Schwartzel
None
Councilmembers Bryan, Cummings
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ADJOURNMENT: With no further business to come before Council at
thi s time, moti on was made by Counci 1 member Schwartze 1, seconded
by Councilmember Higley, that the meeting adjourn. Such motion
carried and the meeting was adjourned at 8:10 P.M.
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Regular City Council Meeting, March 10, 1986
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REGULAR CITY COUNCIL MEETING
MARCH 24,1986
7:30 P.M.
City Council convened in regular session at the Saint George Orthodox
Church, 5311 Mercer, in the City of West University Place, on Monday,
March 24, 1986, with the following members present: Mayor Parks
presiding; Councilmembers Cummings and Schwartzel. The following
members were absent: Councilmembers Higley and Bryan. Also present
were the City Manager, City Secretary, Representative for the City
Attorney, Michael Cole, Director of Administration and Director of
Operations.
HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had
matters they wished to bring ,to the attention of the City Council
which had not previously been submitted to the City Manager.
There were none present who wished to address Council.
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CITIZEN RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who
wished to address a specific agenda item to speak at this time.
There were none present who wished to speak concerning an agenda
item .
ITEMS TO BE REMOVED FROM CONSENT AGENDA: No member of City Council
des i red to remove an i tern from the consent a,genda.
CONSENT AGENDA: Motion was made, by Councilmember Cummings, seconded
by Councilmember Schwartzel, that, the consent agenda be approved
in accordance with staff recommendation.
Voting Aye: Mayor Parks, Councilmembers Cummings,
. Schwartzel
Voting No: None; . ,
Absent: 'Counci:lmembers Hi gl ey, Bryan
UTILITY LINE RELOCATION PROJECTS: Mayor Parks. presented 'Ordinance
Number 1257 for the second reading and read' the caption as
follows:
AN ' ORDINANCE RELATING TO', RELOCATED WATER AND SEWER UTILITY
LINES;' CONTAr-NING PROV'lSIONS' RELATING, TO CONNECTIONS TO, AND
SERVICE FROM, SUCH LINES; AMENDING THE CODE OF ORDINANCES;
AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.
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Motion was made by Couneilmember Schwartzel, seconded by
Councilmember Cummings, that Ordinance Number 1257 ,be adopted.
Mayor Parks invited' discussion. Councilmember Schwartzel
suggested that Paragraph (b), subsection (iii) needed
clarification as to how the application for a special date was to
be administered, either by motion of City Councilor by
appl ication by the property owner. .Councilmember Schwartzel
1.84
Regular City Council Meeting, March 24, 1986
recommended the number of days allowed for consideration be I
1 imited to perhaps thi rty days. Ci ty Manager, Mr. Rockenbaugh, U
suggested the time 1 imitation might be handled through the form of .
the application.
Motion was made by Counci1member Schwartze1,' seconded by
Counci 1 member Cummi ngs, that Paragraph (b), subsecti on (i i i) be
amended to read as follows: ,( i i i) a speci a 1 date, if any, for the
completion of such work specified by motion duly adopted by, the
City Council following a hearing as contemplated by this section.
Such special date must be applied for (adding) in writing by the
property. owner pri or to the 1 a ter of the dates in ( i) and ( i i )
above. Counci1member Cummings seconded the motion to amend
paragraph (b), subsection (iii).
Mayor Parks stated that there was on the floor a motion and a
second to amend Ordinance Number 1257 and called for a vote on the
amendment.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Counci1members Cummings,
Schwartze1 '
None
Councilmembers Higley, Bryan
Councilmember Schwartze1 amended his motion to:
adopt Ordinance Number 1257 as amended on
Counci1member Cummings seconded the motion which
and carried by the following vote.
that City Counci 1
second reading.
was then voted on
o
Voting Aye:
Voting No:
Absent:
Mayor Parks,' Counci 1members Cummings,
Schwartze1
None
Counci1members Higley, Bryan
VIRGINIA COURT PROPERTY AGREEMENT: City Manager, Mr. Rockenbaugh,
presented the Infrastucture Agreement for Certain Facilities
Related to Virginia Street Properties executed by the developers
and the one property owner and explained one correction on page 2
paragraph (b) which refers to "an appropriate instrument releasing
the Lis Pendens notice described in Item 11 of Schedule C of the
title commitment attached as Exhibit CII. Item 11 of Schedule C of
the title commitment has been reworded and included in the body of
the agreement. The corrected page 2 was entered in the
appropri ate place of the agreement upon presentati on to Council
with that portion of Paragraph (b), corrected to read as follows:
lI(b) The parties, and the Statewide Title Company, agree
that the deeds described above shall be held in escrow until
the City delivers to the Statewide Title Company an
appropriate instrument releasing the Lis Pendens notice U
described in the title form attached as Exhibit C, whereupon I
the Statewide Title Company shall record the deeds and issue
the title policy as required~1I
Regular City Council Meeting, March 24, 1986
185
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Mr. Michael, Cole, of Cole and Dougherty Attorneys at Law,
representing. the City Attorney, . advised City Council that all
other parties had agreed to the correction on Page 2.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Cummings:, that City Council authorize the Mayor to
sign the INFRASTRUCTURE AGRE'EMENT. FOR CERTAIN FACILITIES RELATED
TO VIRGINIA STREET PROPERTIES.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Cummings,
Schwartzel
None
CouncilmembersHigley, Bryan
PURCHASE OF OFF SET PRESS: Mr. Rockenbaugh advised Council that it
was the recommendation of staff to delay awarding the contract for
the purchase of the off set press to allow time for further review
of the bids.
Motion was made by Counci lmember Schwartzel" seconded by
Counci 1 member Cummings, that consideration to award the contract
for the purchase of the off set press be tabled until the next
regularly scheduled council meeting on April 14, 1986.
o
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Cummings,
Schwartzel
None
Councilmembers Higley, Bryan
\ . ..
RE-ROOFOF COMMUNITY BUI.LDING: " In accordance with previous action
of City Council, staff recommendation for the award of the
contract for re-roofing of the Community Building was considered.
Results::'ofthe bids received until 10:00 A.M. ; ,March 7, 1986, and
opened at 10:30 A.M. the same date were announced as follows:
Bidder
Bid
Amount
Marton Roofing, Inc.
9110 Wingtip Dr;
Houston, Tx 77075
Atlas.Roofing Corp
27 North Delano St.
Ho~ston, Tx 77003
$8;221.00
Warranty
5 yr labor
30 yr material
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$11 ,447 . 00 '. 30yr , .
(Does not. include. any ,
deck replacement that
may be necessary)
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McCall & Sons Construction .Jnc~' $13,880.00
14217 Aston
Houston, Tx 77040
Brazosport Roofing & Sheetmetal :$15,b58.00
1702 Yellowstone
Freeport, Tx
.1 yr
,2 .yr :
186
Regular City Council Meeting, March 24, 1986
Motion was made by Councilmember
Council'member Cummings, that City
recommendation and award the contract
their bid price of $8,221.00. '
Schwartzel, seconded by
Council accept staff's
to Marton Roofing, Inc, at
u
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Cummings,
Schwartzel
None
Councilmembers Higley, Bryan
Counci 1 member Schwartze 1 recommended the guarantee of the ti e-i n
joining the existing building to the new addition be clarified in
the contract (reference Marton Roofi ng, Inc. IS 1 etter to the City
dated March 21, 1986).
TAX REFUNDS: Consideration was given to authorizing the refund of
overpayments of taxes as listed by the Finance Director.
Motion was made by Councilmember Cummings, seconded by
Counci lmember Schwartze 1, that Ci ty Counci 1 authori ze the refunds
of overpayments of taxes in accordance with the list and
documentation presented by staff.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Cummings,
Schwartzel
None
Councilmembers Higley, Bryan
[J
1976 BONDS: Consideration was given to the invoice in the amount of
$119,802.00 from First National Bank of Houston for the 1976
public improvement bond issue.
Motion was made bY CQuncilmember Cummings, seconded by
Councilmember Schwartzel, that the invoice in the amount of
$119,802.00 to First National Bank of Houston be approved for
payment.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Cummings,
Schwartzel
None
Councilmembers Higley, Bryan
COUNCIL COMMENTS: There were no further comments offered by City
Council at this time.
STAFF REPORT: City Manager, Mr. Rockenbaugh, advised City Council
that the engineering report requested from Gutierrez, Smouse,
Wilmut & Associates" Inc., would be ready for presentation for a
workshop session on either Monday or Thursday. Mr. Rockenbaugh
recommended that the works hop be schedu 1 ed dependi ng on deli very IUIll ."
of the report to City Hall. Mayor Parks suggested that the
appropri ate committee members and staff be advi sed and invited to
attend.
Regular City Council Meeting, March 24, 1986
18"7
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CITY COUNCIL MEETING MINUTES: Minutes of the regular city council
meeting on March 10, 1986, were presented for consideration.
Motion was made by Councilmember Cummings, seconded by
Councilmember Schwartzel, that the minutes of the regular city
council meeting on March 10, 1986, be approved as submitted.
Voting Aye:
Voting No:,
Absent:
Mayor Parks, Councilmembers Cummings,
Schwartzel
None
CouncilmembersHigley, Bryan
ADJOURNMENT: With no further business to come before Council at this
time, motion was made' by Counci lmember Schwartzel, seconded by
Councilmember Cummings, that the meeting adjourn. .Such motion
carried and the meeting was adjourned at 8: .M.
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udrey Nt ols
City Seer ary
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REGULARCIT~ COUNCIL MEETING
..'APRIL. 14,: 1986
7:30 P.M.
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City Council convened inregula:ri sess:ion,at,.the Sai,nt, Geerg.e Orthodox
Church, 5311 Mercer, in the City of West University Place, on Monday,
April 14, 1986, with the. following members present: Mayor Parks
presiding; Councilmembers Higley" Bryan, Cummings and Schwartzel. Also
present were the City Manager, City Secretary, City Attorney, Director
of Administration .and Chief of 'Polic.e.' '" Councilmember Bryan delivered
the invocation and led the Allegiance to the Flag.
'I, '.
HEARING OF RESIDENTS: Mayor Parks invited residents to speak who
had matters they wished to::br,ingto: the attention of, the City
Council,. which had :t;lot "previously ,been .submitted :to the City
Manager.
Mr. John A. , Burns, 3114 Quenby, iiddressed Counci 1 to express hi s
concerns regarding, residents who are putting garbage out days
before their scheduled pickup. Mr. Burns requested that if the
City had an ordinance against trash being curbside over a specific
length of time, the ordinance should be enforced. He suggested
the residents should be notified of the ordinance.
Mayor Parks advised Mr. Burns that when City Hall is notified of I':I,J
violations, the violations would be processed in accordance to the
provisions in the Code.
Ci ty Attorney, Jim Dougherty, advi sed that Secti on 11-8 of the
Code of Ordinances stated that trash may be out not more than 12
hours preceding the designated collection day and not later than
8:00 a.m. on the day designated as collection day.
Councilmember Higley suggested City Currents would be a way to
notify residents of the requirements for the appropriate ordinance.
Mr. Burns also expressed concerns of (}ther ordi nance viol ati ons
such as cars parked on the street for over the time allowed by
ordinance.
Mary Ann Binig, 6634 Vanderbilt, addressed Council asking whether
there was an ordinance against parties. She had a party recently
and the police department had been called by someone in the
neighborhood. When the police officer arrived at her house at
approximately 10:00 P.M. her son was advised the party was too
noisy and to either end the party or be less noisy. The police
officer returned to Ms. Binig's home again at approximately 10:30
P.M. and spoke with her in what she described to be less than
diplomatic.
Chief of Police, Walt Snitkin, responded that he would investigate
the matter and report to the Mayor concerning Ms. Binig's
complaint.
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Regular City Council Meeting, April 14, 1986
189'
CITIZEN RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who
wished to address a specific agenda item to speak at this time.
There were none present who wished to speak concerning an agenda
item.
ITEMS TO BE REMOVED FROM CONSENT AGENDA: Councilmember Schwartzel
pointed out that the consent agenda. item requesting approval for
payment of the invoice in the amount of $9,000 to the auditors for
the 1985 audit services was incorrect~ .
City Manager, Mr. Rockenbaugh, stated that the minutes would
reflect the correct amount of $8,500.00 for the audit services.
After this correction was made to the agenda, no member of Council
suggested removing an item from the consent agenda.
CONSENT AGENDA: Motion was made by Councilmember Schwartzel,
seconded by Councilmember Bryan, that the consent agenda be
approved in accordance with staff recommendation. _
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
HOUSTON-TENNECO MARATHON: Houston Councilman Jim Greenwood
presented a Resolution expressing Houston City Council's
appreciation for the City of West University) Place and the
residents of West University Place for their participation and
support in the Houston~Tenneco.Marathon.
PURCHASE OF OFF-SET PRESS: In accordance with previous action of
the Cl ty Councl I , 'bl ds: were ,rec'ei ved and opened on, March 21,1986,
for the purchase of an off-set press as follows:
Bidder ., i, Amount
Multi-Graphic Inc.
~ -. - Multi - Model 1218 $ 9,016.50
Kelly Company, fnc.
Itek (Ryobi) - Model 960 $ 10,246.00
Itek Graphic Systems
Itek (Ryobi) - Model 960 $ 10,779.00
A. B. Di c k
A. B. Dick - Model 9820 $ 10,880.00 '
Graphic Supply, Inc.
Hamada - Model 611CD $ 11 ,650.00
- 190
Regular City Council Meeting, April 14, 1986
Ladymon, Inc.
Hamada - Model 611CD
# 12,920.00
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City Manager, Mr. Rockenbaugh, advi sed Council that city staff
recommended the contract to purchase the off-set press be awarded
to the low bi dder, Mul ti -Graphics, Inc., at thei 1" 'bi d pri ce of
$9,016.50 for the Model 1218;" . . '.
Motion was made by Councilmember Higley, seconded by Councilmember
Bryan, that Counci 1 accept staff's recommendati on and award the
contract to the low bidder, Multi-Graphics, Inc., at their bid
price of $9,016.50.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
RENOVATIONS TO RACOUETBALL COURT #2: In accordance with previous
action of the City Council, advertising for bids for renovations
to racquetball court #2 resulted in one bid received on March 27,
1986: Bauer Flooriny Corporation for a bid amount of $5,800.00
City Manager, Mr. Rockenbaugh, advi sed Counci 1 that even though C
only one bid was received, the company had previous experience
repairing ,other racquetball courts for the City. Staff was
confident that Bauer Flooring Corporation was a reliable and
competent contractor~
Motion was made by CouncilmemberBryan, seconded by Councilmember
Cummings, that Council accept staff's recommendation and award the
contract for renovations to Racquetball Court #2 to Bauer Flooring
Corporation at their bid price of $5,800.00
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
SANITARY SEWER RENOVATION PROGRAM: Consideration was given to
authorizing Langford Engineering Corporation to prepare plans and
specifications for the Sanitary Sewer Renovation Program, Priority
1, Phase 1 as follows:
Priority Number 1 - Sanitary Sewer
Replacement ProQram - Phase I
Clean existing 3611 Brompton out-fall line (University Blvd. '1-
to the wastewater treatment plant). This line has been
partially investigated and found to be half full of solids
and debris. Project cost is estimated to be $138,000, to be L-i
expended from budgeted funds.
Regular City Council Meeti'ng, April 14, 1986
191
Construction of new lift station, force main, 8" to 10" line
on Duke from Virginia Court to Brompton,'8 & 1011 line on
Carnegie from Virginia Court to Buffalo Speedway and 8" line
on Mercer from Carnegie to Bellaire. Projected cost is
estimated to be $647,000 to be expended from existing bond
funds. -
Motion was made by Councilmember Cummings, seconded by
Counci lmember Schwartzel, ,that City Counci 1 authorize the
expenditure of funds for the preparation of plans and
speci fi caUons for the Sanitary Sewer Renovati on Program: Pri ority
Number 1~ Phase I, as presented.
Voting Aye:
Voting No: '
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
o
PRIORITY #1 WATER SYSTEM RENOVATION PROGRAM: Consideration was
given to authorizing advertisement for bids for Priority #1 Water
System Improvements.
Mr. Di eter Ufer, Ci ty IS Consultant Engi nee,r wi th Langford
Engineering Inc., addressed Council and stated that the area for
priority #1 was the Pemberton area for which plans and
specifications had been developed in 1982. Previously, the plan
was to renovate this portion- of the water system in three' phases.
Due to present economical conditions, Mr. Ufer recommended, with
concurrence of city ,s'ta'ff, that the Priority #1 water system be
bid as one project,.: '
Motion was made by Counci lmemberHi gl ey, seconded byCounci lmember
Cummings, that the City Mahagerbe authorized to advertise for
bids for the Priority #1 Water System Improvements as recommended.
Voting Aye:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings; Schwartzel
None
None
Voting No:
Absent:
l~1
PRIORITY #2 WATER SYSTEM RENOVATION PROGRAM:Consi derati on was
giYen'to authorizing' preparat:ion of plans and specifica'tions for
Priority #2 Water System Improvement. This area incl~des the
Monti ce II 0 and Ri ce Court Additi ons and woul d be an expenditure
from the previous bond issue.
Motion was made by, Councilmember Schwartzel, seconded by
Counci lmember Bryan, that. City Counci 1 authorize Langford
Engineering Corporation to prepare plans and specifications for
water ,line replacement for the Priority #2 Water System Renovation
Program.
192
Regular City Council Meeting, April 14, 1986
Voting Aye:
Voting No:
Absent:
Mayor Parks~ Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
n
SANITARY SEWER MASTER PLAN: Mr. Ufer requested Council consider
authorizing the development of a Sanitary Sewer Master Plan for
the entire city. While studying the City to prioritize areas for
replacement, it became evident that a citywide plan would be
beneficial not ~nly for planning current projects, but for
planning future projects as well. Mr. Ufer estimated the cost of
the master plan would not ex~eed $25,000.
Motion was made by Councilmember Cummings, seconded by
Councilmember Higley, that City Council authorize the development
of a Sanitary Sewer Master Plan for the City at a cost not to
exceed $25,000.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
HOUSTON LIGHTING & POWER COMPANY RATE INCREASE REQUEST:
Consideration was given to the request from HL&P to adjust its C
rate schedules in a rate filing package to the Public Utility
Commission of Texas and the City of West University Place on March
18, 1986. The City has since received from the City of Houston an
inyitation to participate in the Coalition of Cities with Original
Juri sdi cti on. I f so authori zed, the Ci ty of Houston wi II fi lea
Motion to Intervene' on: behalf of the Coalition in the PUC
proceedings. April ,23, ,1986, is the deadline for cities to
suspend the effective date of HL&P's proposed rate change for
ninety days.
Mayor Parks presented Ordinance' Number 1258 and read the caption
as follows:
AN ORDINA~CE SUSPENDING THE OPERATION OF THE PROPOSED SCHEDULE OF
RATES FOR ELECTRIC UTILITY' SERVICE, FILED BY HOUSTON LIGHTING &
POWER COMPANY; CONTAINING FINDINGS AND OTHER PROVISIONS RELATED TO
THE SUBJECT; AND DECLARING 'AN EMERGENCY.
In accordance with Charter requirements, copies of Ordinance
Number 1258, in the form required for adoption, were available to
all members of City Council and a reasonable number of additional
copies available to interested citizens present.
Motion was made by Councilmember Bryan, seconded by Councilmember U
Cummings that Ordinance Number 1258 be adopted as presented at
first reading.
Regular City Council Meeting, April 14, 1986
193
n
Voting Aye:
Voting No:
Absent:
Mayor Parks, Counci lmembers Higl ey, Bryan,
Cummings; Schwartzel
None
None
Mayor Parks then presented and read Resolution Number 86-03:
A RESOLUTION OF THE CITY OF WEST UNIVERSITY PLACE,
TEXAS, RATIFYING AND AUTHORIZING ITS PARTICIPATION IN
THE COALITION OF CITIES WITH ORIGINAL JURISDICTION TO
INCLUDE DATA AND ANALYSIS SHARING AND INTERVENTION
WITH SAID COALITION IN THE, HL&P RATE REQUEST, DOCKET
NO. 6765, BEFORE THE PUBLIC UTILITY COMMISSION OF
TEXAS, AND AUTHORIZING THE CITY ATTORNEY OF THE CITY
OF HOUSTON TO REPRESENT THE COALITION.
o
WHEREAS, on March 18, 1986, Houston Lighting &
Power Company (HL&P) filed a Statement of Intent to
change its rates for electric serv-ice within the City
of West University Place, Texas, and throughout its
service area, and has requested that said changes
become effective on April 23, 1986; and
WHEREAS, the Ci ty of West Uni vers i ty Pl ace,
Texas, has ori gi na 1 juri sdi cti on over said rate
request within its corporate limits; and
WHEREAS, the Public Uttlity'Commission of Texas
has original jurisdiction over said rate request
within the unincorporated areas of the service area;
and
WHEREAS, the complexities of the issues and the
magnitude of the requested rate increase., requires
extensive study and ,analysis for the City to
responsibly exercise its original jutisdiction and
protect the general welfare oJ all ratepayers within
its bounda ri es ; and :
]ll..;;\
WHEREAS, the City of West University Place,
Texas, desires to cooperate in a joint effort with
other cities with original jurisdiction to provide for
an adequate analysisof,the issues raised by the'rate
change request'andtoesta:b li sh a genuine , impact. on
the rate setti'ngprocess by municipalities 'with
original jurisdiction;
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l_>
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF WESr,UNIVERSITY PLACE, TEXAS:
'I "
THAT the City Counci 1 of' the ,Ci ty of West
University Place, Texas, hereby ratifies and
authorizes the full participation of the City of West
;..... ""....n.............",.
194~
Regular City Council Meeting, April 14, 1986
University Place, Texas, in the Coalition of Cities
with Original Jurisdiction (Coalition), to include
data and analysis sharing and intervention as a member
city of the Coalition in the HL&P Rate Change
Application, Docket No. 6765, now pending before the
Public Utility Commission of Texas, and authorizing
the City Attorney of the City of Houston to represent
the Coalition.
PASSED AND APPROVED, this
, 19'86.
day of
Councilmembers Voting Aye:
Councilmembers Voting No:
Mayor, MICHAEL L. PARKS
Attest:
"
City Secretary
(SEAL)
Approved' AsJo Form:
James L. Dougherty, Jr.
City Attorney
Motion was made by Councilmember Higley, seconded by Councilmember
Bryan, that Resolution Number 86-03 be adopted as read.
Voting Aye:
Voting No:
Absent:
Mayor Parks, 'Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
ACOUIESCENCETO ENCROACHMENT: Mayor Parks left the council meeting
at this time. Mayor Pro Tem 'Higley presided and offered for
consideration an Acquiescence to Encroachment on Lot 7 Block 12 of
the Virginia Court Subdivision for Council's consideration. The
Title Company requested the instrument after a survey of the
property revealed the house was built, over the easement.
The City Attorney advised Council that the Acquiescence was a
recordable instrument authorizing the house to remain over the
utility easement but also authorized and preserved the City's
access to the easement.
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Regular City Council Meeting, April 14, 1986
195
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Motion was made by Councilmember Bryan, seconded by Councilmember
Cummings, tha~.the City Manager by authorized to execute the
Acquiescence to Encroachment on Lot 7 Block 12 of the Virginia
Court Subdivision.
Voting Aye:
Voting No:
Absent:
Councilmembers' Higley, Bryan,
Cummings, Schwartzel
None
Mayor Parks
Mayor Parks returned to the council meeting at this time.
SELECTION OF BOND COUNSEL: Consideration, was given to selecting
Bond Counsel for the Water and Sanitary Sewer Renovation Program
funding.
Councilmember Schwartzel offered the following
II AFFIDAVIT
STATE OF TEXAS
COUNTY OF HARRIS
1.
2
1
2"
[
BEFORE ME, the undersigned authority, on this day personally
appeared C. BOONE SCHWARTZEL, who being by me first duly sworn did
depose and say as follows:
III, have a IIsubstantial interestll (as that term is defined in
art. 988b TEX. REV. CIV:. STAT. ANN.) in the Vinson &' El kins
law firm, in that I own a partnership interest in that firm
'which in al~ probability exceeds $2500 in value and in that
funds received by me from said firm exceeded 90% of my gross
income for the previous year.1I
'Isl C. BOONE SCHWARTZEL
, I : . Affl ant
SUBSCRIBED AND SWORN TO before me, by the said C. BOONE
SCHWARTZEL this 14th day of April , 1986, to certify
whi ch witness my hand" and < sea 1 : of offi ce.
(NOTARY SEAL)
My commission expires February 16, 1988.
Isl, M,ildred Miller,,1
N'ota ry PtiliTi c
u
(CITY SEAL) II
FILED with me, the official record keeper of the City of West
University Place, thi,s 14th day of April" 1986.
Isl Audrey Nichols
City Secretary
196 '
Regular City Council Meeting, April' -14, 1986
Councilmember Schwartzel left the' council meeting room at this
time.
Motion was made by Councilmember Higley, seconded by Councilmember
Bryan, that the firm of Fullbright and Jaworski be selected as
bond counsel for the Water and Sanitary Sewer Renovation Program
funding.
Voting Aye:
Voting No:
Absent:
Mayor Parks,Councilmembers Higley, Bryan
Councilmember Cumming~
Counci lmember~ 5chwartzel
Councilmember Schwartzel returned to the council meeting.
1985 AUDIT: Consideration was given to the invoice in the amount of
$8,500 submitted by Peat, Marwick, Mitchell and Company for
services in connection with the 1986- annual audit.
Mot i on was made by Coimci 1 meinber Schwa rtze l, seconded by
Councilmember Bryan, that the inyoice in the amount of $8,500
submitted by Peat, Marwick, Mitchell and Company be approved for
payment.
Voting Aye:
Voting No:
Absent:
Mayor Parks" Councilmembers Higley,~ Bryan,
Cummings, Sthwartzel
None
None
CITY HALL ASBESTOS REMOVAL AND MISCELLANEOUS WORK: Consideration
was given to the invoice in the amount of '$'28,513.30 submitted by
David Evans Contracti'ng Inc. for' work completed to March 31, 1986,
on the tontract for asbestos removal, and miscellaneous work at
City Hall.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Bryan, that~the invoice in the amount of $28,513.30
submitted by David Evans Contracting Inc., be approved for payment.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Council members Higley, Bryan,
Cummings, Schwartzel
None
None
LEGAL SERVICES: Consideration was given to the invoice in the
amount of $4,508.78 ~ubmitted for legal services provided to the
City for the month of March 1986.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Bryan, that the invoice in the amount of $4,508.78
for legal services be approved for payment.
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Regular City Council Meeting, April 14, 1986
197
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Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
COUNCIL COMMENTS: Mayor Parks announced that Houston Mayor Kathryn
Whitmire has selected Laura Higley to receive the Outstanding
Volunteer Service Award ~n the Cultural DiYision for her work at
the Museum of Natura 1- Sci ence. The award wi II be presented on or
about Apri 1 25" 1986. City Council and staff congratulated Laura
for Mayor Whitmire's recognition of her achievements.
Mike Cemo, Chairman of the Parks Board, has requested Council
appoint a member to the Parks Board to fill the vacancy of Steve
Pruss who is moving to Dallas. Council concurred that Tina Melo
be asked to serve.
Councilmember Schwartzel asked if the Zoning Map should not be
updated. City Attorney, Jim Dougherty, adyised that the Zoning
and Planning Commission was in the process of updating t~e map.
Councilmember Bryan commented on the letter received from a
resident praising theCity's Paramedics for their assistance to
one of our residents.
o
STAFF REPORT: City Manager, Dick Rockenbaugh, had nothing further
for Council to consider at this time.
CITY COUNCIL MEETING MINUTES:; Minutes of the regular city council
meeting on March 24, '1986, were presented for consideration.
Motion was made by Councilmember Bryan, seconded by Councilmember
Higley, that the minutes of the regular city council meeting on
March 24, 1986, be approyed as submitted.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
ADJOURNMENT: With no further business to come before Council at
this time, motion was made by Councilmember Higley, seconded by
Councilmember Schwartzel, that the meeting adjourn. Such motion
carried and the meeting was adjourned at 8:21 P.M.
II
198
Regular City Council Meeting, April 14, 1986
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199
REGULAR CITY COUNCIL MEETING
APRIL 28, 1986
7:30 P.M.
City Council convened in regular session at the Saint George Orthodox
Church, 5311 Mercer, in the City of West University Place, on Monday,
April 28, 1986, with the following members present: Mayor Parks,
presiding; Councilmembers'Higley, Bryan, Cummings and Schwartzel. Also
present were the City Manager, City Secretary, City Attorney, Director
of Administration and Director of Operations. Mayor Parks gave the
invocation and led the Allegiance to the Flag.
HEARING OF RESIDENTS: Mayor Parks invited residents to speak who
had matters they wished to' bring" to the attention of the City
Counci 1 whi ch had not previ ously been submitted to the City
Manager.
There were none present whd.wished to speak.
D
CITIZEN RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who
wished to address a spectfk agenda item to speak at this time.
There were none present who wished to speak concerning an agenda
item.
ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City
Council suggested removing an item from the consent agenda.
CONSENT AGENDA: Motion was made' by Councilmember Bryan, seconded by
Counci lmember Cummings, that the consent agenda be approved in
accordance with staff recommendation.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers
'Cummings, $chwartze 1
None
N,one
Higley, Bryan,
CITY HALL ASBESTOS REMOVAL AND MISCELLANEOUS WORK: Consideration
was gi ven to approval of Change' Order No. 1 in. the amount of
$39,387.00 to the contract with David Evans Contracting Inc., for
renovations to City Hall. '
Motion was made by Councilmember Bryan, seconded by Councilmember
Cummings, that City Council approve Change Order No. 1 in the
amount of $'39',387.00 'as presented.
n
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Curmilings, Schwartzel
None
None
SWIMMING POOL REPAIRS: Consideration was given to the invoice in the
200
Regular City Council Meeting, April 28, 1986
----.,
i
I
I
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'---.J
amount of $23,265.00 Tor .,ffna 1 payment to Anderson Pools Bay Area,
Inc., for completion of the replastering contract for the swimming
pool at Colonial Park. _' -
Motion was made by Councilmember Bryan, seconded by Councilmember
Cummings, that final payment in the amount of $23,265.00 be
authori zed to Anderson 'Pools Bay Area, I nc.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
RE-ROOFING OF THE COMMUNITY BUILDING: Consideration was given to
authorization. for issuance' -of certificate of completion and
approval of final payment in the' amount of $8,221.00 to Marton
Roofing, Inc., for completion of the contract to re-roof the
Community Building.
Motion was made by CouncilmemberBryan, seconded by Counci lmember
Cummi ngs, that City Council authori ze issuance of the Certi fi cate
of Completion and final payment in the amount of $8,221.00 to
Marton Roofing, Inc., for compleUon of the contract to re-roof
the Community Building.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None'
None
[J
WATER RATE STUDY: Consideration Was given to authorizing Requests
for Proposals for a city water rate study.
Motion was made by Councilmember Bryan, seconded by Councilmember
Cummings, that the City Manager be authorized to issue Requests
for Proposals for a city water ratestudy~
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None,
RE-ROOFING WATER PLANT OFFICES: Consideration was give to authorize
advertising for bids for re-roofing of the Water Plant Offices.
Moti on was made by Council member Bryan, seconded by Counci lmember
Cummings, that the City Manager be authorized toadverti se for
bids for re-roofing of the Water Plant Offices.
Voting Aye:
Voting No:
Absent:
Mayor Parks,Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
J
Regular City Council Meeting, April 28, 1986
201
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PURCHASE OF FIRE HOSE: Consideration was given to authorize
adyerti sing for bi ds for the purchase of 1,200 feet of 4 inch fi re
hose and 1,000 feet of 1 3/4 inch fire hose for the Fire
Department.
Mot i on was made by Counc i 1 member Bryan, seconded by Counc i 1 member
Cummi ng~, that the Gi ty Manager be, authori zed to adverti se for
fire hose as requested.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
COUNCIL COMMENTS: CouncilmeiTIber Higley expressed her appreciation
for the beautification of the esplanade on Buffalo ,Speedway. She
also commented on the two letters of commendation received
concerning the Police Department and one letter to the Fire
Department for exceptional services to residents.
STAFF REPORT: City Manager, Dick Rockenbaugh, had nothing further
for Council to consider at this time.
o
CITY COUNCIL MEETING MINUTES: Minutes, of the regular c,ity council
meeting un April 14, 1986, were 'presented for consideration.
Moti on was made by Council member 'Bryan, seconded by Counci lmember
Higley, that the minutes of the regular, city council meeting on
April 14, 1986, be approved a~submitted.
Voting Aye:
Voting No:
. Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None,.
ADJOURNMENT: With no further business to come before Council at this
time, moti on, was made ,by Councilmember' Schwartze l, seconded by
Gouncilmember Cummings, that' the meeting a rn. Such motion
, carried and the meeti~g was adjou~ ed a 7' P..
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202'
REGULAR CITY COUNCIL ~EETING
MAY 12; 1986
7:30 P.M.
-l
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City Council convened in regular session' at the Saint George Orthodox
Church, 5311 Mercer, in the City of West University Place, on Monday,
May 12, 1986, with the fo II owi ng members present: Mayor Parks,
presiding; Councilmembers Higley, Bryan, Cummings, and Schwartzel.
A 1 so present were the City Manager, City Secretary, Ci ty Attorney,
Director of Operations, Chi~f~f P6lice, and the 'Fire Chief.
Councilmember Schwartzel delivered the invocation; and led the
Allegiance to the Flag.
HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had
matters they wished to bring to the attention of the City Council
which had not previously been submitted to the City Manager.
Mr. Ron Keller, 3007' Nottingham, requested to speak on
behalf of his neighbors in reference to the basketball courts at
Weir Park. Mr. Keller distrfbuted a brief outline to Council
listing the concerns of the neighborhood. He stated his purpose
in addressing. City Council was to inform Council of the strong
feelings of the neighborhood about the basketball courts. He also
reviewed some specific 'items that the group opposed and made U11i
recommendations to Council that he thought would solve the
problem. The basketball courts have consistently attracted large
crowds. We are concerned for our chi 1 dren, our property and our
safety. The park is'too small to accommodate the courts. We feel
the courts have made a seri ous impact on the nei ghborhood. Mr.
Keller reported statistics relating to the number ,of cars parked
along the street and the number of people playing basketball at
particular hours. Driveways have been repeatedly blocked by the
players' cars. Mr. Keller further stated that he understood the
Parks Board had submitted a written recommend,ation to the Mayor
and Counci 1 to move the basketball, goals and rims so that there
would be two half-courts. Mr. Keller wished to go on record
that the neighbors were strongly: opposed to the two
half-courts.' What Mr; ,Keller suggested was one basketball
goal and rim be taken down. When this was done before, the number
of basketball players diminished and the residential atmosphere of
the neighborhood was restored.
Ms. Diane Berch, 3015 Not1Jngham, stated that the complexion
of the park had changed in the last two and a half years. It
seems that is is getting worse and ,residents are not comfortable
going out in their front yards. We are willing to go back to a
half-court.
Mr. Jim Barry, 3035 Nottingham, agreed with going with one half-
court.
u
Mr. David Hargis, 3021 Nottingham, stated that in the last two
years the park has become burdensome to the neighbors liYing
Regular City Council Meeting, May 12, 1986
203,
n
nearby. The crowds get quite loud. We have felt for a long tim,e
that one half-co.urt basketball court would be acceptable. The
one half-court is our recommendation to Council.
Councilmember Higley thanked Mr. Keller for his presentation of
the concerns of his neighbors.
Mayor Parks assured Mr. Keller and the other interested
residents that the matter would be referred to staff for
appropriate action.
CITIZEN RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who
wished to address a specific agenda item to speak at this time.
There were none present who wi shed to speak concerni ng an agenda
item.
ITEMS TO BE REMOVED FROM THE CONSENT AGENDA:Councilmember '
Schwartzel requested, Item No. 8 City Hall Asbestos Removal and
Miscellaneous Work' be removed from the consent agenda.
CONSENT AGENDA: Motion was made by Councilmember Higley, seconded by
Councilmember Cummings, that consent agenda items No. 7 and No.9
be approved in accordance with staff recommendation.
o
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cu~ings, Schwartzel
None
None
CITY HALL ASBESTOS REMOVAL AND MISCELLANEOUS WORK: (Consent Agenda
Item No. 8) Consideration was given to the, invoic.e jnthe amount
OF $22,389.45 submitted ,by David Evans Contracting Company for
work completed on the'renovations to City Hall.
City Manager, Mr. Rockenbaugh, explained that the
sub-contractor's.asbestos remoyal contract money had been
removed from the i nvoi ce. The genera 1 contractor wou 1 d be paid.
I n accordance wi th the terms of the contract, the subcontractor
would be paid when the medical releases for two of his employees
, are received by the City.
City Attorney, Jim Dougherty, recommended Council consider paying
the invoice to the general contractor., The holding of the
subcontractor's check was agreed to by the general contractor and
also maintains the City's,position in'the contract.
n
Motion was
Councilmember
submitted by
payment.
made by Counc i 1 member Schwa rtze 1 , seconded by
Bryan, that, the- i nvoi ce in the amount of $22,389.45
David ,Evans' Contracting Company be" approved for
"J
Voting Aye:
Mayor Parks, Councilmembers HigJey, Bryan,
Cummings, Schwartzel
204
Regular City Council Meeting, May 12, 1986
Voting No: None
Absent: None
BOND ELECTION: Mayor Parks presented Ordinance Number 1259 calling
a Bond Election in the City on June 21, 1986, to determine whether
the City shall be authorized to issue bonds for improving ,
extending, replacing, repairing and rehabilitating the City's
Sanitary Sewer System.
Mr. Dougherty suggested to Council that there might be a good
reasOn to put in the ordinance a term for more than 20 years for
the bonds to mature.
Mr. Drew Masterson, representing the City's financial advisors,
Masterson and Company, suggested to Council that there was no
advantage in not extending the term of the bonds beyond 20 years.
Forty years is the standard number of years included in an
ordinance calling a bond election. ,There could potentially be an
advantage at a future time to haye a longer term to pay the
i nde.btedness.
Motion was made by Councilmember Cummings, seconded by
Council member Bryan ,that City Council adopt Ordinance Number 1259
revising the term of the bonds to mature over a period not to
exceed forty (40) years.
Voting Aye:
Voting No:
Absent:
Mayor Parks.; Councilmembers Higl ey, Bryan,
Cummings, Schwartzel
None
None
CENTRAL COUNTING STATION AND 'ABSENTEL BALLOT BOARD: Consideration
was given to Resolution Number 86-04 designating a central
counting station, appointing a Presiding Judge for the Absentee
Ballot Board and other related matters.
Motion was made by Councilmember Bryan that Resolution Number
86-04 be adopted.
The City Attorney advised that the information contained in
Resolution 86-04 was included in Ordinance Number 1259. The form
of the resolution had traditionally been used, but now Resolution
Number 86-04 was no longer legally required. All the information
was in the one document.
The motion to adopt Resolution Number 86-04 died for lack of a
second.
FIRE DEPARTMENT COMPENSATION AND ,CLASSIFICATION SYSTEM:
Consideration was given to approving the proposed changes to the
Fire Department Compensation and Classification System.
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Regular City Council Meeting, May 12, 1986
205,
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Motion was made by Councilmember Higley, seconded by: Councilmember
Cummings, that the revised Fire Department Compensation and
Classification System be approved as presented.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
LEGAL SERVICES: Consideration was given to the invoice in the
amount of $3,245.42 submitted for legal services provided to the
City for the month of April 1986.
Motion was made by Councilmember Higley, seconded by Councilmember
Cummings, that the invoice 'in the amount of $3,245.42 be approved
for payment.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
COUNC1L COMMENTS: Several members of Council requested information
concerni ng Metro: (a) the form of the questi onna ire previ ous ly
submitted by Metro and (b) the Metro board meeting ,.dates and
times. Mr. Rockenbaugh advised Council that staff would provide
them with the information within the next week.
10
STAFF REPORT: Mr. Rockenbaugh advised Council that there was a
workshop session scheduled for May 22nd. Councilmember Higley
had a confl i ct and woul d not be able to attend on that date. By
general consent, the workshop was rescheduled to Monday, May
19th, 7:00 P.M.
CITY COUNCIL MEETING MINUTES: Minutes of the regular city council
meeting on April 28, 1986, were presented for consideration.
Motion was made by Councilmember Bryan, seconded by Councilmember
Higley, that the minutes of the regular city council meeting on
April 28, 1986, be approved as submitted.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
ADJOURNMENT: With no further business to come before Council at
this time, motion was made by Councilmember Schwartzel, seconded
by Councilmember Bryan, that the meeting adjourn. Such motion
carried and the meeting adjourned at 8:34 P.M.
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Regular City Council Meeting, May 12, 1986
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REGULAR CITY COUNCIL MEETING
,MAY 29, 1986
7:30 P.M.
City Council convened in regular session at the Saint George Orthodox
Church, 5311 Mercer, in the'City of West University Place, on Monday,
May 29, 1986, with the following members present: Mayor Parks,
presiding; Council members Higley, Bryan, and Cummings. Also present
were the City Mana!rer, City Attorney, City Secretary, Director of
Administration, Director of Operations, Superintendent of Utilities and
~ubl ic . Works SyPilriry~~n~~~t" -.'tOouncilmember Bryan. deHve~ed the
lnvocatlonl and lea"', tWe, "Alleglance to the Flag. Councllmember
Schwartzel arrived at approximately 7:37 P.M.
"-'.'0"-
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HEARING OF RESIDENTS; Mayor Parks invited residents to speak who had
matters they wished to bring to the attention of the City Council
which had not previously been submitted to the City Manager.
Mr. Paul Wallin, 3311 Alpans, addressed Council with information
relating to the basketball court at Wier Park. Mr. Wallin stated
that he was in favor of maintaining the basketball court with two
goa 1 s. A number of parents had expressed concern that reduci ng
the basketball court to aha If-court might force the teenagers to
leave West University Place in search of recreational activities.
Mr. Wallin felt the problems previously presented to Council
concern; ng the bas ketba II court cou 1 d be contro II ed. He had talked
to several young teenagers'who, :di d not:fee L they had ever been run
off the courts. Mr. Wallih urged,Council to consider maintaining
the basketball court with two' 'goa 1 s.
Councilmember Schwartzel came inat this point.
Dr.' Frances Arrighi-, " 3036 Albans, d.iscussed problems she had
previous:ly experiencedconcerni.ng':repairs :to' .the ,storm sewer
acrossher'property~ She stated that, the-Director of,Operations,
Mr. Cooper, had been instrumental in getting the repair work done
and she appreci ated the manner in whi ch Mr. Cooper, dealt wi th the
problem.
MayorParks:~thanked Dr'~ Arr,ighi for hell" comments,
Mr. Ron KelleraddressediCouncil' and reiterated his point of
debate concerning ~the basketball court: that ,Wier Park was too
sma II to accommodate the crowds attracted to the park by the
full-court basketbaH facility. Mr. Keller distributed current
statistics relating to the'. number of basketball, players using the
half-court in the last two weeks. The crowds were less, but there
had been one disturbing incident.:
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Mayor Parks thanked the :res:idents for appearing;' before Counci 1 to
express their concerns and that their concerns would be giyen full
consideration.
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Regular City Council Meeting, May 29, 1986
CITIZEN RESPONSE TO AGENDA' ITEMS: 'Mayor Parks invited residents who
wished to address_a ~pecific agenda item to speak at this time.
There were none present who wi shed to speak concerning an agenda
item.
ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: Councilmember
Schwa rtze 1 requested agenda item No" 9 ENGINEERING SERVICES FOR
VARIOUS UTILITY RELATED PROJECTS be removed from the consent
agenda.
CONSENT AGENDA: Motion was ,made by Councilmember Higley, seconded by
Councilmember Bryan, that"with the exception of agenda item No.
9, the consent agenda' be, approyed in' accordance with staff
recommendation.
Voting Aye:
Voting No:
Absent:
Mayor Parks,Coun'cilmembers Higley, Bryan,
Cummings, Schwartzel
None'
None
PROMISSORY NOTE FOR EXPENSES RELATED TO, THE TEMPORARY RELOCATION OF
CITY HALL: Mayor Parks presented Ordinance Number 1260 for Council's
consideration and read the caption as follows:
AN ORDINANCE FINDING THAT THE CITY TREASURER HAS CERTIFIED
THE AVAILABILITY OF FUNDS IN THE GENERAL FUND, UNRESERVED
FUND BALANCE ACCOUNT TO', PROCEED, WITH THE PURCHASE OF
PERMANENT PUBLIC IMPROVEMENTS TO THE CITY HALL BUILDING;
AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY A
PROMISSORY NOTE AND LOAN AGREEMENT WITH THE CITY'S
DEPOSITORY BANK,FOR THE SUM OF $200,000; APPROPRIATING THE
SUM OF $200,00U, THE LOAN PROCEEDS, FOR THE SOLE PURPOSE OF
PAYING ,FOR PERMANENT PUBLIC IMPROVEMENTS TO THE CITY' HALL
BUILDING; PROVIDING FOR THE REPAYMENT OF SUCH AMOUNT SO
BORROWED; AND PROVIDING THAT NO TAX BE LEVIED SINCE FUNDS
CURRENTLY AVAILABLE HAVE BEEN PROPERLY APPROPRIATED AND
DESIGNATED FOR THE REPAYMENT ,OF SUCH DEBT AUTHORIZED HEREIN
TO BE CREATED.
In accordance with Charter requirements, copies of Ordinance
Number 1260, in the form required for adoption, were ayailable to
all members of City Council and:,a reasonable number of additional
copies available to interested citizens present.
Motion was made by Councilmember Bryan, seconded by Councilmember
Higley, that Ordinance Number 1260 be adopted as read.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers
Hig ley, Bryan, Cummi ngs
Councilmember Schwartzel
None
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Regular City Council Meeting, May 29, 1986
209
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RESOLUTION NUMBER 86-05: Mayor Parks presented Resolution.,Number
86-05 approvin'g the Form, of, the ,Restated and Amended,Articles of
Incorporation of the WestUniversi,ty Place Parks Fund and
authorizing the Parks and Recreation Board to execute and deliver
the necessary documents to apply to ,the Internal Revenue Service
for a tax Exempt Status and other related matters.
Motion was made by CouncilmemberSchwartzel that Resolution Number
86-05 be tabled to allow time for further study.
Councilmember Cummings asked what the time frame was to file the
application for tax exempt ,status.
Mayor Parks recognized Parks Board Chairman, Mike Cemo. Mr. Cemo
informed Counci 1 that" the Parks Board anti ci pated fil i ng the
application the first week in June.
[
The City Attorney advised Council that it was necessary to get the
application on file with ,the IRS before any donations were
received. The date to receive donations relates back to the date
of the application. Mr. Dougherty further explained that
primarily the changes are (1) changing the,name from West
University Place Parks Fund to Fri.ends of West University Parks
Fund, and (2) to comply with some revised IRS regulations. Mr.
Dougherty further explained,that, according to the attorney
proYiding legal services to the Parks Board, the revised By-Laws
for the corporation would be presented to Council at the first
workshop session in June.
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After discussion, : Mayor ,Parks called for 'a second to, the: motion to
table Resolution No. 85-06.'
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The motion' to table d,iedfor ,a 'lacko,f a second,. '
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Mayor Parks read, Reso 1 uti on Number 85,-06 as fo II ows:,
:'
A RESOLUTION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS,
APPROVING THE FORM OF THE RESTATED' AND AMENDED,' ART,ICLES OF
INCORPORATlION,OFTHE WEST UNIVERSITY PLACE PARKS FUND AND
AUTHORIZING THE PARKS AND. REC,REATION BOARD TO EXECUTE AND DELIVER
THE NECESSARY DOCUMENTS TO, APPLY TO,THE INTERNAL REVENUE SERVICE
FOR A TAX EXEMPT S:rATUS AND OTHER RELATED MATTERS.'
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WHEREAS, West University Place Parks Fund (the IIFundll)
was initiaHy incorporated on July' 5, 1978\asa' Tex:as
non-profi t corporati on; the Fund I s primary pUlrpose being
to solicit and raise funds for the improvement of the
parks system in the City of West Univer,sity Place" Texas
(the' nCityll); and '
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WHEREAS, there is no evidence that the Board of
Directo'rs of the Fund timely ,appl ied to the Internal
Revenue Service CIIIRSII)fc;>r:a, determination that the Fund,
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Regular City Council Meeting, May 29, 1986
is exempt ,from federal income tax under Section 501(c)(3)
'of the Internal Revenue' Code of 1954, as amended',(III.R.C.
or the IICodell) and an 'organi.zati on to which contrjbuti ons
are deductible und~r I~~:C;~170(c); and'
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WHEREAS, the present Parks -and Recreation Board (the
IIParks Boardll) of the City wishes to use the Fund as a
qualified, charitable fund-raising organization and, if
possible, on or before July 4, 1986; and
WHEREAS, the Articles of Incorporation of the Fund
must be amended and such amendments -filed with the Texas
Secretary of State prior to submitting an exemption
application to the IRS for review; and
, WHEREAS, any amendment 'to the Articles of
Incorporation of the Fund must be approved by the
governing body of the City, and a certified copy of the
resolution so approving the amendment must be submitted to
, the Secretary of State a 1 on'g with the amendment. '
- NOW, THEREFORE, ,
BE IT RESOLVED Bf THECtTf COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
Section 1. That the form of Restated and amended
Articles of Incorporation attached 'hereto be, and hereby
are approved.
o
Section 2. That the Parks Board be, and hereby is,
authorized and dir~cted to take~uch actions and to
execute and deliver such documents' as may be' necessary or
appropriate to ensure that the Fund becomes a qualified
charitable fund-raising organization to support the City's
parks system, including, but not limited to, filing the
necessary federal, state and local tax exemption
appl i,~ati ons.
Section 3. If any word, phrase, claUse, sentence,
paragraph, se'cti on or 'othe'rpart of thfs reso luti on Or the
applfcation thereof to' any person or circumstance, shall
ever be held to' be i'nvalidor unconstitutional by any
court of competent jurisdiction, the remirinder of this
resolution and the application of such word, phrase,
clause, sentence, paragraph, section or other part of this
resolution to any otherpersons'or circumstances shall not
be affected thereby.' \
Section 4. ' All resolutions and parts of resolutions
in conflict herewith are hereby repealed to the extent of
the conflict only.
Section 5. The City Council officially finds,
determines and declares that' a suffi'ci'entwrittennotice
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Regular City Council Meeting, May 29, 1986
2;11
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of the date, hour~ place, and subject of each meeting at
which this resolution' ,was discussed, considered or ,acted
upon was given in the manner required by the Open Meetings
Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amen'ded,
and that each such meeting has been open to the public as
required by law at all times during such discussion,
consideration and action:~ . The City Council ratifies,
approves and confi rms ,such noti ce's and the contents and
posting thereof.
PASSED AND APPROVED this the 29th day of MAY
1986.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmemb~rs Absent:
Michael L. Parks, Mayor'
ATTEST:
Audrey Nichols, City Secretary
o
(SEAL)
Approved as to Form:
James L. Dougherty, Jr., ,"
C,i ty Attorney
,)
Motion was made by Counci'lmember Higley, seconded by Councilmember
Bryan, that Reso1l uti on ,Number 85-06 be adopted! as presented and
read.,' I ' --
Voting Aye:
Voting No:
Absent: -
Mayor Parks, Councilmembers Higley, Bryan,
Cummings '
Councilmember Schwartzel
None
JANITORIAL_SERVICE WITH THE OPTION OF LAWN CARE FOR POLICE BUILDING AND
LIBRARY BUILDING: : The City Man'ager,Mr.'Rockenbaugh, adv'ised
Council that the City receiv'ed the fo'llowing bids for janitorial
service with the lawn care option. As advertised; the bids were
opened 2:30 P.M., May 8, 1986:
'Police,Building Library Building
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Ford Building Maintenance
$522.00 (5 days)
$731.00 (7 days)
$700.00 (5 days)
$740.00 (7 days)
$522.00 (5 days)
F & PJanitorial Service
$485.00 (5 days)
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Regular City Council Meeting',' May 29, 1986 '
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Macke Company
. i $700.'00 (5 days)
""..: "$900.00 (7' 'days) ,
$725.00 (5 days)
$975.00 (7 days)
$8.54.00 (5 days)
$889'.00 (7 days)
Janitex," Inc.
C & S Maintenance Co.
Johntre Developments
$800.00 (5 days)
$900.00' (7' days) ,
$900.00 (5 days)
$1;000:00 (5 days)
". . ~ ,
$1,016.38(5 days)
$1,211.38 (5 days)
$1,886.58 (5 days)
$2,336.58 (7 days)
NO BID
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Real Clean Janitorial
Executives
My Men at Work Co.
Lomax Janitorial Service
.. ". _H_.' " "="'1
$700.00 (5 days)
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$480.00 (5 days)
$631.00 (5 days)
$650.00 (5 days)
NO BID
$754.36 (5 days)
$1,482.04 (5 days)
Associated Building Services
(this company did not have
lawn care available; they
did not bid option one & two)
Mr. Rockenbaugh stated that after review and tabulation of all the ~,"11."
bids, staff recommended F & P Janitorial Service, 7 day service ~,
(with supplies, with lawn care) for the police building for the
monthly amount quoted, $740.00; and Janitex, Inc.,'5 day service
(with supplies, with lawn care) for the library building for the
monthly amount quoted, $480.00. If services were to begin July 1,
1986, the 1986 total amount-for the police department would be
$4,440.00 and the 1986 total amount ,for the library building would
be $2,880.00. 1986 budgeted amounts respectively are $5,000.00
and $4,500.00.
NO BID
After discussion, Mayor Parks recommended the bids be referred
back to staff to report the >costfor ,lawn care separately from the
cost for custodial services with an estimated seasonal breakdown
of the lawn care service.
i. .
Motion 'was made by: Counc.i:lmember Bryan:, seconded by Counci lmember
Higley, that the bidsbe'ireferredback to staff.asrecommended by
the Mayor. '
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
, Councilmember Cummings
None
HARRIS COUNTY APPRAISAL DISTRICT: Consideration was given to the
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Regular City Council Meeting, May 29, 1986
213
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invoice in the amount of $6,626.00 submitted by Harris County
Appraisal District representing the third quarter of the 1986
assessment.
Motion was made by Councilmember Higley, seconded by Councilmember
Bryan, that the invoice in -the amount of $6,626.00 submitted by
the Harris County Appraisal District be approved for payment.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None,. '
None '
,
ENGINEERING SERVICES FOR VARIOUS UTILITY RELATED PROJECTS: (Agenda
Item No.9) Consideration was given to three invoices submitted
by Langford Engineering Inc.:,: for various projects: (1)
Preliminary Engineering Study for Sewer Line Replacement within
Sanitary Sewer Service, Area No. 5in the amount of $3,832.50; (2)
Master Plan for Sanitary Sewer Line Replacement for Entire City in
the amount of $2,258.44; and (3) redesign services for Water Line
Replacement Project in Pemberton an~Belle Court Subdivisions
(Water Priority Area No. 1 area) in "the amount of $2,227.04.
D
Councilmember Schwartzel questioned the invoice for the redesign
work for the Water Line Replacement Project in the Water Priority
Area No. 1. Mr. Rockenbaugh recommended Mr. Ufer, City's
Consulting Engineer from Langford Engineering Inc. address the
'question.
Mr.Ufer offered- that one, of the prior City Councils authorized
the engineering design work for this area dividing the Pemberton
and Belle Court Subdivisions into three separate projects. The
design work was completed., However.the construction had not been
authori zed. Now that the current Co,unc i 1 chose to authori ze the
construction, it was deemed economically appropriate to bid the
entire area under one contract. Th'is decision required redesign
engineering work to combine the three sets of specifications and
bid forms into one contract.
Motion was then made by Councilmember Bryan, seconded by
Councilmember Higley, that the three invoices submitted by
Langford Engineering Inc., be authorized for payment as listed.
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Voting Aye:
Mayo,r Parks,; Cou!nci lmembers
Cummings, Schwartzel
None
N' ,
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,,' '. (i)ne, ,.; "
'. Hi gley,,- Bryan,
Voting No:
: Absent: '
1/1 -
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WATER AND SANITARY SEWER RENOVATION PROGRAM: Consideration was given
to the invoice in the amount of $6;914:00 submitted by Topco Co.,
Inc., for survey work performed in the Priority Area 1 Sewer
Renovation',Program 'and the Priority Area 2 Water Renov:ation
Program. . '. '
2\~4
Regular City Council Meeting, May 29~ 1986
Motion was made by Councllmember Higley, seconded byCouncilmember
Bryan" that the invoice in the amount of 6,914.00 submitted by
Topco Co., Inc., be approved for payment.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
WATER AND SEWER RENOVATION STUDY:: Consideration was be 'given to
the invoice in the amount of $4,000.00 submitted by Gutierrez,
Smouse, Wilmut & Assoc. Inc., for the engineering ,study performed
for the evaluation and analysis of the Cjty's Utility renovation
Prograin. ' ...,.', ,
Motion was rriade by Councilrriember, Higley, seconded 'by Councilmember
Bryan, that the invoice in the amount of $4,000.00, subm,itted by
Gutieeerz, Smouse, Wilmut, & Assoc. Inc., be approved for payment.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
, None
1986 ANNUAL AUDIT: Consideration was b~ given to the invoice in
the amount of $6,000.00 submitted "by Peat, Marwick, Mitchell &
Co., for services in connection with the City's 1985 annual audit.
Motion was made by Councilmember Higley, seconded by Councilmember
Bryan, that the invoice for the City's 1985 annual audit be
approved for payment. "
Voting Aye:
Voting No:
Absent:
Mayor Parks~ Councilmembers Higl~y, Bryan,
Cummings, Schwartzel
None
None'
WATER WELL #9 LOAN PAYMENT: Consideration was given to the loan
payment for construction of Water Well #9 in the principal amount
of $65,000 plus interest in the amount of $13,171.53 for a total
paym~nt of $78,171.53.
Motion was made by Councilmember Higley, seconded by Councilmember
Bryan, that the loan payment in the amount of $78.171. 53 be
approved for payment. '
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
ACQUIESCENCE TO ENCROACHMENT: Consideration was given to the
, request for an Acquiescence to Encroachment on Lot 6, Block 1,
Sunset Terrace, Section 1: 3757 Sunset Blvd. Robin Vest, owner of
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Regular City Council Meeting, May 29, 1986
215
I
the property at 3757 Sunset Blvd., addressed Council stating that
in the process of refinancing his home, a current survey revealed
an encroachment on a utility easement of approximately 6 inches.
City Manager, Mr. Rockenbaugh, suggested this was the same
question that had come before Council before concerning another
piece of property. Council had previously agreed to consider
these requests on a case by case basis until specific guidelines
were adopted. Mr. Vest's request presented a pressing time
factor. Mr. Vest has complied with the City's application
pro~edure and the'application 'has been processed appropriately.
Mayor Parks recommended the form for Acquiescences to Encroachment
be amended to limit the acquiescence to the existing structure.
City Attorney, Mr. Dougherty, assured the Mayor that such an
amendment could be made to the Acquiescence to Encroachment before
Council applicable to the structure at 3757 Sunset Boulevard.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Cummings, that the City Manager be authorized to
execute the Acquiescence to Encroachment for Lot 6, Block 1,
Sunset Terrace, Section (3757 Sunset Blvd.) as modified by the
City Attorney to limit the acquiescence to the existing structure.
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Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
COUNCIL COMMENTS: Councilmember Schwartzel expressed his
displeasure with the portable signs placed at various locations in
the City. He recommended the sign ordinance be updated.
Councilmember Bryan stated the City received two letters
commending the Director of Operations and one letter of
commendation for the Police Department. Councilmember Bryan
expressed her appreciation to city staff.
..
Councilmember Cummings thanked the Director of Operations for
accomplishing the fence repair at the swimming pool.
STAFF REPORT: City Manager, Mr. Rockenbaugh, had nothing further
for City Council to consider at this time.
CITY COUNCIL MEETING MINUTES: Minutes of the regular city council
meeting on May 12, 1986, were presented for consideration.
l
Motion was made by Councilmember Higley, seconded by Councilmember
Schwartzel that the minutes of the regular city council meeting on
May 12, 1986, be approved as submitted.
Voting Aye:
Voting No:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
,
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216
Regular City Council Meeting,1 May' 29,' 1986,.
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Absent: None
D
ADJOURNMENT:: With no further business: to come before Council at
this time, motion was made by Councilmember Schwartzel, seconded
by Councilmember Higley, that the meeting adjourn. Such motion
carri~dand the meeting adjburned at 8:23 P.
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REGULAR CITY COUNCIL MEETING
JUNE 9, 1986
7:30 P.M.
City Council convened in regular session in the City Hall Council
Chambers, 3800 University Boulevard, in the City of West University
Place, on Monday, June 9, 1986, with the following members present:
Mayor Parks, presiding; Councilmembers Higley, Bryan, Cummings, and
Schwartzel. Also present were the City Manager, City Secretary, City
Attorney, Director of Operations, Chief of Police and the
Superintendent of Utilities. Councilmember Cummings delivered the
invocation and led the Allegiance to the Flag.
HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had
matters they wished to bring to the attention of the City Council
which had not previously been submitted to the City Manager.
D
Mr. Robin Vest, 3757 Sunset, addressed Council concerning the Wier
Park basketball court. He had been involved with the basketball
court since June of 1985 by serYing on a neighborhood committee.
The committee was des i gned to meet with s ta ff to determi ne the
best solution to the problems existiing at Wier Park. Mr. Vest did
not agree with the solution currently adopted by 'City Council (to
reduce the basketball court to a one half-court facility.
Mayor Parks assured Mr. Vest that Counci 1 had revi ewed all sides
of the issue. In the review' process;' several conditions became
apparent:
(1) There is not adequate parking facilities at Wier Park to
accommodate the crowds attracted by a full-court basketball
faci 1 ity.
(2) The residents who' live near Wier Park have been
subjected to abusive, language ,:and behavior by some of the
people using the court, on more than one occasion.
(3) There is'a definite need for a:full-court basketball
court in ,the Ci ty, but' the 1 ocat i on of such a court wi II
require a great deal of study.
(4) Construction of the full-court faci 1 ity wi II need to be
studied from a Ibudgetary point of view'.,
Mayor Park's' adviSed' MY'" Vest that at this time, City Co,uncil 'will
hold the basketball court to a one half-court facili"ty'. The Mayor
recommended Mr. Vest deliver any remedies he might wish to suggest
to Mike Cemo, Chairman of the Parks Board.
Betty Wood, 3731 Rice, and Gayle Reagan, 3735 Rice, both addressed
Council concerning the suggestion ,that the basketball rims on the
elementary school property be improved for' use as a regulation
full-court faci 1 i ty. Both Ms. Wood and Ms. Reagan suggested the
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Regular City Council Meeting, June 9, 1986
:'~~' ~.;
same condi ti ons and i nconven;.ences exi sted to thei 1" nei ghborhood
as to the nei ghborhood around, Wier Park. They requested Council
consider other alternatives to locate a full-court basketball
facility in the City.
CITIZEN RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who
wlshed to address a speclfic agenda item to speak at this time.
lJ
There were none present who wished ,to speak concerning an agenda
item.
ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: Councilmember
Schwartzel requested, consent (l,genda items No. 9 FRIENDS OF WEST
UNIVERSITY PARKS FUND. INC.. BY-LAWS and No. 10 WATER AUDIT
PROPOSAL be removed from the consent agenda.
CONSENT AGENDA: Motion was made by,Councilmember Schwartzel,
seconded by Counc il member Cummi ngs , that, with the exception of
agenda' items No., 9 and, No. 10, the consent agen<;la be approved in
accordance wi th s ta ff recommenda t ion. '
Voting Aye:
Voting No:
Absent:
Mayor, Parks, Counci lmembers Hi gl ey, Bryan,
Climmi ngs , Schwa rtze'l
None '
None
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JANITORIAL SERVICE WITH THE OPTION OF LAWN CARE FOR POLICE BUILDING AND
LIBRARY BUILDING,: In accordance with preYious action of City
Council, City Manager, Mr. Rockenbaugh, presented staff's
recommendation for janitorial contracts for the police building
and the library building with and without lawn care. After
discussion, City Council"by general consent, eliminated the lawn
care provision from the bids.
On the basis of Council's" decjsion, Mr. Rockenbaugh recommended
that 'C& S Maintenance be awarded the contract for custodial
service to the police building at their bid price of
$489.00jmonthj7 days a week and F & P Janitorial Service be
awarded the contract for custodial service to the library building
at thei 1" bi d pri ce of $335 ..,OO/mont~j5 days a week. Both bi dders
were the low bidders with the remoyal of lawn care service.
Motion was made by Councilmember Higley, seconded by Councilmember
Bryan, that City Counci 1 accept staff's recommendati on and award
the contracts for custodial service for the police building to C &
S Maintenance and to F & P Jani tori a 1 ,Servi ce for the library
bui ldfng subject to acceptable reference checks and each company's
ability to meet the specified bond requirements.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
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Regular City Council Meeting, June 9, 1986
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REROOF OF OPERATIONS GARAGE AND WATER PLANT OFFICES: In accordance
with previ ous acti on of City Council the fo II owi ng bi ds for the
reroofing of the Operations Garage and the Water Plant Offices,
opened on June 3, 1986, 10: 30 A. M. , were presented for
consideration.
Bidder
Sonny's Roofing, Inc.
5710 Almeda Genoa
Houston, Tx 77048 -
The Marton Company
15502 Galveston Rd., Suite 118
Webster, Tx 77598
A-I Roofing & Maintenance
3004 Yale, Suite,G
Houston, Tx 77018
Pyramid Roofing Co.
2200 Texas Ave. '
Houston, Tx 77091
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--./
Rash Roofing, Inc.
1210 West 19th Street
Houston, Tx 77008
. Br;.nkman Roofing'& SheetmetaJ, : ,
14700 Old Galveston' Rd. ' , .
Webster, Tx 77598
NMC & Company
6700S. Dairy Ashford #908
Houston, Tx 77072
Be 11 a'i re ,Rooiiing:
5757 Bellaire, :B'lvd., Suite 110
Houston, Tx 77081
C&H Construction Company
, 2449: South, Blvd'.'
Houston, Tx 77098
SPM & Associa'tes, Inc.
1500 'Witte:, Suite 82
Houston, Tx 77080
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Universal Roofing Corp.
27 North Delane. St.
Houston, Tx 77003
J". ,
Amount Bid
$7,076.60
$8,534.00
$11,400.00'
$12,774.00
$13,245.00
$13,650.00'
"
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$14,000.00
$14,175.00
, -
$16,901. 30
! '
$17 ,781. 00
$24,236.00
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Mr. Rockenbaugh explained that the lowest bidder had discovered an
arithmetical error and had withdrawn his bid. Upon review of the
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t '~,4'~' Regular City Council Meeting, June 9,,1986
:,3.:~~
remalnlng bids, staff recommended the second lowest bidder, Marton
Roofing, Inc., be awarded the' contract at their bid price of
$8,534.50.
u
Motion was made by Councilmember Cummings, seconded by
Councilmember Higley, that the contract to reroof the Operations
Garage ahd the Water Plant Offices be awarded to Marton Roofing,
Inc., at their bid amount of $8,534.50.
Voting Aye:
Voting No:
Absent: '
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
PROMISSORY NOTE RENEWAL AND EXTENSION: Mayor Parks presented and
read the caption of Ordinance Number 1261 as follows:
AN ORDINANCE AUTHORIZING THE MAYOR ,TO .EXECUTE THE
NECESSARY DOCUMENTS TO RENEW AND EXTEND THE
PROMISSORY NOTE PREVIOUSLY AUTHORIZED BY ORDINANCE
NUMBER 1225 DATED JUNE 1, 1984' AND ORDINANCE
NUMBER 1239 DATED MAY 23, 1985; PROVIDING FOR THE
REPAYMENT OF SUCH AMOUNT SO BORROWED; AND
PROVIDING THAT NO TAXES WILL BE LEVIED SINCE FUNDS
HAVE BEEN PROPERLY APPROPRIATED AND DESIGNATED FOR
THE'REPAYMENT OF SUCH DEBT AUTHORIZED HEREIN.
o
Copies of Ordinance Number 1261, in the form required for
adopti on, were ava i 1 ab 1 e to all, memb~rs of City Counci 1 and a
reasonable number of additional copies available, to interested
citizens present. .
Motion was made by Councilmember Cummings" seconded, by
Councilmember Higley, that Ordinance Number 1261 be adopted as
presented.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings,Schwartzel
None
None
CITY HALL ASBESTOS REMOVAL AND MISCELLANEOUS WORK: Consideration
was given to an amendment to the to the contract for City Hall
Asbestos Removal and Miscellaneous Work between the City and David
Evans Contracting, Inc., and to the,invoice in the amount of
$73,621.00 submitted by the contractor for work completed to May
31, 1986.
Motion was made by Councilmember Schwartzel, seconded by
CouncilmemberCummings, that City Council approve the amendment to IU'II
Article 4, entitled IIContract Sumll in the Contract~ as presented
and approve for payment the invoice in the amount of $73,621.00
for work completed to May 31, 1986.
*
Regular City Council Meeting, June 9, 1986
n
Voting Aye:
Voting No:
Absent:
.~!
Mayo'r Parks, Counc i 1 members Hig 1 ey, Bryan,
'Cummings, Schwartzel
None
None
FRIENDS OF WEST UNIVERSITY PARKS FUND INC.. BY-LAWS: Consideration
was giyen to the By-Laws of the Friends of West University Parks
Fund, I.ncorporated.
, , ,
After discussion, motion was made by Councilmember Cummings,
seconded by Councilmember Schwartzel, that Council table
consideration of the By-Laws to allow time for further study.
Voting Aye: Mayor Parks,' Councilmembers Higley, Bryan,
Cummings, Schwartzel
Voting No: , None
Absent: None
WATER AUDIT PROPOSAL: Consideration was given to the proposal
submitted by Pitometer Associates for a complete water audit of
the City. '
After review of staff's recommendation, motion was made by
Counci lmember Bryan, seconded by Cou'ncilmember Hi gley, that City
Council approved the proposal submitted by Pitomete:r Associates
for Phase I of their proposal for the City's water audit at the
cost of $22,400.00.
[J
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None,.),
I. '. i"
PURCHASE OF SWIMMING POOL CHEMICALS: Consideration was giyen to
authorizing the City Manager to adyertise for bi9S for chemicals
for the swimming pool at Colonial Park.
Motion was made by Councilmember Schwartzel, secondeid, by
Councilmember Cummings, that Council authorize the City Manager to
advertise for bids for chemicals for the swimming pool at Colonial
Park.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
None
LEGAL SERVICES: Consideration was given to the invoice in the
amount of $5,166.39 submitted for legal services provided on
behalf of the City for the month of May 1986.
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Motion was made by Councilmember Schwartzel, seconded by
Councilmember Cummings, that the invoice in the amount of
$5,166.39 for legal seryices be approved for payment.
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Regular City Council Meeting, June 9, 1986,
Voting Aye:
Voting No:
Absent:
Mayor Parks'; Councilmembers Hi gl ey, Bryan,
Cummings, Schwartzel
None
None
COUNCIL COMMENTS:" There were no further comments from City Council.
STAFF REPORT: City Manager, Mr. Rockenbaugh, had nothing further
for Council's consideration at this time.
CITY COUNCIL MEETING MINUTES: Mi,nutes of the regul ar city counci 1
meeting on May 29,- 1986, were presented for consideration.
Mati on', was made by Counci lmember Hig,l ey, seconded by Counci lmember
Schwartzel, that the mi'nutesof 1;he Iregular city council meeting
on May 29, 1986, be approved as submitted.
Voting, Aye:
'Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummi:ngs, Schwartze 1 - '
Non'e
None
ADJOURNMENT:>With'no further bus,iness to come before'Council at
this tiine,',motioni was,: made by Councilmember Higley, seconded by
Councilmember Schwartzel,that,the meeting adjourn. Such motion
carr;.ed and,the meeting adjourned 'at 8:15 P.M~
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REGULAR CITY COUNCIL MEETING
JUNE '23,1986
7:30 P.M.
City Council conyened in regular session in the City Hall Council
Chambers, 3800 University Boulevard, in the City of West University
Pl ace, on Monday, June 23, 1986, with the fo II owi ng members present:
Mayor Parks, presi ding; Councilmembers Hi gley, Bryan and Schwartze l.
Councilmember Cummings was absent. Also present were the City
Secretary, Director of Administration and the Superintendent of
Utilities.
HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had
matters they wished to bring to the attention of the City Council
which had not previously been submitted to the City Manager.
There were none present who wished to speak.
CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who
wished to address a specific agenda item to speak at this time.
There were none present who wished to speak concerning an agenda
item.
[J
ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City
Council suggested removing an item from the consent agenda.
CONSENT AGENDA( Moti on was made by Counci lmember Hi gl ey, seconded
by Counci'1member Bryan, that the consent agenda be approved in
accordance>with:~:staff re~omll1endati on.
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Voting-Ay'e,; Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
Voting No: None
Absent: Cotmci 1 member Curilmi ngs
CANVASS OF BOND ELECTION HELD JUNE 21, 1986: Consideration was given
to the certification of distribution of ballots and the unofficial
tabulated returns presented by the election officials of the
Central Counting Station as follows:
June 23, 1986
n
To: Mayor and City Council
From: Audrey Nichols, City Secretary
Subject: Ballots furnished for the Bond Election held on June 21,
1986
In accordance with Section 51.007 of the Texas Election Code,
the following is the Record of Sa II otDi stribut i on to tlie
precincts for the Bond Election held on June 21, 1986 and the
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Regular City Council Meeting, June 23, 1986
ABSENTEE BALLOT BOARD:
800 ballots printed and
delivered
29 votes cast
771 ballots unused
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accounting of these ballots 'as submitted to the Central
Counting Station by th,e respective Precinct Presiding Judges:
PRECINCT 15:
600 ballots printed and
delivered
161 votes cast
439 ballots unused
PRECINCT 87:
600 ballots printed
1 ballot designated as
IIspecimenll
599 ballots delivered
206 yotes cast
1 ballot spoiled
2 ballots declared invalid
390 ballots unused
600 ballots printed and
deliyered
97 votes cast ,
3 ballots declared inyalid
500 ballots unused
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PRECINCT 133:
PRECINCT 183:
600 ballots printed and
delivered
136 yotes cast
22 declared invalid
',442 ballots unused
_ UNOFFICIAL TABULATION OF RETURNS
PRECINCT PRECINCT PRECINCT PRECINCT
15 87 133 183 ABSENTEE TOTAL
FOR 132 177 ,67 177 27 520
AGAINST 29 29 30 19 2 109
TOTAL
VOTES 161 206 97 136 29 629
Mayor Parks presented and read the caption of Ordi nance Number
1262 as follows:
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS n
OF THE BOND ELECTION HELD JUNE 21, 1986, AND CONTAINING
'RELATED FINDINGS AND PROVISIONS; .
89
Regular City Council Meeting, June 23, 1986
u
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Copies of Ordinance Number 1262, in the form required for
adoption, were available to all members of City Council and a
reasonable number of additional copies available to interested
citizens present.
Motion was made by Councilmember Schwartzel, seconded by
Council member Hi gl ey, that Ordi nance Number 1262 be adopted as
presented.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Councilmember Cummings
FRIENDS OF WEST UNIVERSITY PARKS FUND INC'9 BY-LAWS: Consid~ration
was given to the By-Laws of the Friends of West University Parks
Fund, Incorporation.
After discussion of the proposed amendments to the By-Laws as
submitted by the City Attorney, motion was made by Councilmember
Higley, seconded by Councilmember Bryan, that City Council approve
the Friends of West University Parks Fund Inc., By-Laws as amended.
[J
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan
',Counci,lmember Schwartzel
Councilm~mber Cumfuings
PURCHASE OF RESPIRATORY BREATHING AIR COMPRESSOR: Consideration was
given to authorizing 'adverti;s-ing for, bids for the purchase of a
respiratory breathing air compressor for the Fire Department.
Motion was made by Councilmember Higley, seconded by Councilmember
Bryan,: that the City Managen, be' authorized ,to advertise forbids
for the. purchase of a respi ratory breathing ai 1" compressor for the
Fire Department.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartz'el
None
Councilmember Cummings
PURCHASE OF OFFSET PRESS: Consi-deration was, given ,to the invoice in
the: amount ,of $9:016.50 submitted by Multigraphics for delivery of
the offset press to th~ Community Building.
Motion was made by Councilmember Higley, seconded by Councilmember
Bryan, that City Council approve~for payment the invoice in the
amount of $9,016.50 subm.itted by Multigraphics for, the, purchase of
the offset press.
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CRegular City Council Meeting~ June 23, 1986
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Councilmember Cummings
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SURVEY SERVICES FOR VARIOUS UTILITY RELATED PROJECTS: Consideration
was given to the invoices submitted by Topco Co., Inc. for survey
work on various utility projects.
Motion was made by Councilmember Higley, seconded by Councilmember
Bryan, that City Council approve for payment the following
invoices submitted by Topco co., Inc., for survey work of (a)
Pri ority Area No. 2 Water, Pri ority Area No. 1 Sani tary Sewer,
Sanitary Sewer Master Plan and the 3611 Outfall Line on Brompton in
the amount of $7,340~00; and (b) survey work of Priority Area No.
2 Water and Pri ori ty Area No. 1 San ita ry Sewer in the amount of
$5,384.00.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Councilmember Cummings
ENGINEERING SERVICES FOR VARIOUS UTILITY RELATED PROJECTS:
Consideration was given to the invoices submitted by Langford DI
Engineering Inc. for engineering services performed on various
utility ~rojects.
, \
Moti Qn W.e~ made,\.py, CounciJli1ember Hi gl ey, seconded by Counci lmember
Bry.an <r.. . th~ C.i ty""" Courfd1 . approve for payment the i nvoi ces
submi tted by Lan'gford Engi neeri ng I nc., for (a) Pri ority Area No.
2 Water in the amount of $5,907.63; (b) Sanitary Sewer Renovation
Master Plan in the amount of $4,872.52; and (c) Priority Area No.
1 Sanita-ry Sewer and Cleaning of 3611 Sanitary Sewer Outfall on
Brompton in the amount of $24,220.62.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Council member Cummings
COUNCIL COMMENTS:Councilmember Higley acknowledged that the City
received two letters praising the Police Department for their
assistance. Also, she received a phone call from a resident
commending the Police Department for the "House Watch Programll.
Mayor Parks stated that he had received a letter from the
Municipal Court Continuing Education Program commending Municipal U
Court Clerk, Iola Pickul, for her contribution and participation
in the Municipal Court State Organization. Mayor Parks expressed
his appreciation for lola's professional achievement and her
representation of the City.
,.
Regular City Council Meeting, June 23, 1986
lt11
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Councilmember Schwartzel stated that he was in full support of the
incorporation and by-laws of:'the Friends of West University Parks
Fund, Inc. He yoted negatively on the issue because he did not
think Council had been given adequ.ate time to review the
amendments before taking actiqn to adopt the By-Laws.
STAFF REPORT:' Director of Administration, Donna Sims, advised City
Council that the renoyations to City Hall would soon be completed
and staff was scheduled to move back on July 19th~
CITY COUNCIL MEBTING MINUTES: Minutes of the regular city council
meeting on June 9, 1986~were'presentedfor consideration.
. .
Moti on was made by CounGilmember Bryan, seconded by Councilmember
Higley, that the minutes of the regular city council meeting on
June 9, 1986, be approved as sUbmitted.
Voting Aye:"
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings, Schwartzel
None
Councilmember Cummings
o
ADJOURNMENT: With no further business to come before Council at
this time, motion was made by Councilmember Schwartzel, seconded
by Coul1cilmember Higley, i that the meeting adjourn. Such motion
carried and the meeting adjourned'at 7:43 P.M.
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REGULAR CITY COUNCIL MEETING
JULY 14; 1986
7:30 P.M.
[
City Council convened 'in regular'session in ;the City Hall Council
Chamber, 3800 University Boulevard, in the City of West University
Place, on Monday, July 14, 1986, with the following members present:
Mayor Parks, presiding; Councilmembers Higley, Cummings and
Schwartzel. Councilmember Bryan. came in late. Also present were the
City Manager, 'City Secretary, ,City 'Attorney, Director of Administration
and, Director of Operations. Mayor Parks delivered the inyocation and
led the Allegiance to the Flag;
PUBLIC HEARING CONCERNING HOUSTON LIGHTING'& POWER COMPANY REQUEST FOR
PETITION TO CHANGE RATES:
Mayor Parks convened the Public Hearing called for the purpose of
hearing parties in interest and"citizens in relation to that
certain Statement of Intent' andPet1ition of Authority to Change
Rates relating to electric utility service in the City of West
Uniyersity Place, as'filed with the City on March 18, 1986.
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Mayor Parks invited residents who 'wished to speak concerning the
proposed rate change to speak at this time. There were no 0
residents present who wished to speak.
Mayor Parks recogni zed Mr. Wi nston Berni ch, Di stri ct Manager for
Houston Lighting & Power Company. Mr. Bernich deferred to speak
at such time as the rate ordinance was addressed on the agenda.
Mayor Parks declared the Public Hearing adjourned.
HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had
matters they wished to bring to the attention of the City Council
which had not previously been submitted to the CftyManager.
There were none present who wished to speak.
CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who
wished to address a specific agenda item to speak at this time.
There were none present who wished to speak concerning an agenda
item.
ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: City Manager, Mr.
Rockenbaugh, recommended to Clty Council that consent agenda item
No. 22 CITY HALL ASBESTOS REMOVAL AND MISCELLANEOUS WORK be
consi dered separately. There are some matters that have to be U
worked out pri or to the payment. Mr. Rockenbaugh recommended
Council approve the invoice for payment with the condition that
release of the check be made only after the details of insurance
and other matters still pending were resolved.
Regular City Council Meeting, July 14, 1986
t3'
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Councilmember Schwartzel requested agenda item- ,No. 22 be removed
from the consent agenda. '
CONSENT AGENDA: Motion was made by Councilmember Higley, seconded by
Councilmember Cummings, that with' the exception of agenda item No.
22, the consent agenda be approved in accordance with staff
recommendation.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley,
Cummings, Schwartiel
None
Councilmember Bryan
ELECTRIC UTILITY SERVICE RATE ORDINANCE: Consideration was given to
Ordinance Number 1263.' and Mayor Parks. read the caption as follows:
AN ORDINANCE RELATING TO RATES TO BE 'CHARGED BY HOUSTON LIGHTING &
POWER COMPANY FOR ELECTRIC, UTILITY SERVICE WITHIN THE CORPORATE
LIMITS OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; CONTAINING
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR A
REPEALER AND FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
o
Copies of Ordinance Number 1263, in the form required for
adoption, were available, to all members of City Council and a
reasonable number of- additional 'copies available to interested
citizens present.
Mr ~ ' Berni ch responded to questi ons' from the Mayor and City Counci 1
concerning'applicalOle:charges',in any, from construction of the
nuclear plant on the proposed rates; comparison of HL&P current
'rates to those in metropolitan areas; surges in electrical power
and interrupted service;,': and' other,~que:stiions' conce:rning the
factors in the ca 1 cul ati ons of customer increases referenced in
Ex:hibit'A of:the ordinance enacted by the City of Houston.
City Attorney, Jim Dougherty,. stated that from the information he
had gathered through the' Coa li.ti on of Cities, and conversati ons
with the City of Houston, he, recommended the ordinance for
adoption~ ,: '.'
After discussion, motion' was made by, CouncUmember Higley,
seconded by Councilmember: Schwartzel, that Ordtnance Number 1263
be adopted as presented.
l i . ~ " \ I
Voting Aye:
Voting:No: '
Absent:
_ _ " ~ ~ J _;: : f .
Mayor Parks, Councilmembers Higley,
Cummings I, , Schwart,zel i '
None ,.
Councilmember Bryan
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CONSTRUCTION OF WATER PEMBERTON AND BELLE COURT
SUBDIVISIONS WATER PRIO~IT:Y AREAS N . 1: n accor ance Wl
previous action of Counci , consideration was given to the
recommendation for award of the construction contract for water
line replacement project in Water Priority Area No.1.
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'. ",;, Regular City Council Meeting, July14, 1986
Mr. Rockenbaugh advised Council that the recommendation from the UI
City's Consulting Engineer and staff concurred to award the
contract for ~onstruction of the water line replacement in
Pemberton and Belle Court Subdivisions to Y & H Associates at
their bid price of $280,949.00.
Motion was made by Councilmember Cummings, seconded by
Councilmember Schwartzel, that Council accept the recommendation
aspre~ented and' award the construction contract to Y & H
Associates at their bid price of $280,949.00.
Voting Aye:
Voting No:
Absent:
Mayor' Parks, Councilmembers Higley,
Cummings, Schwartzel
None' , '
Councilmember Bryan
ZONING MAP: Consideration was given to' ,the recommendation from the
Zoning and 'Planning Cciinini'ssion relating to the adoption of an
Official Zoning Map and the fi rstreadi ng of Ordinance Number
1264'. ' Mayor Parks' read the capti on of Ordi nance Number 1264 as
follows:
AN 'ORDINANCE ADOPTING AN OFFICIAL ZONING MAP FOR THE CITY OF
WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT.
IJ
Copies of Ordinance Number 1264, in 'the form required for
adoption, were available to all members of City Council and a
reasonable number of additional copies ayailable to interested
citizens present.
The City Attorney advised Council that the map presented before
Council was recommended for adoption by the Zoning and Planning
Commission. The City 'Attorney recommended the addition of a Title
Block to the map, such Title Block to read as follows:
IITHIS . DOCUMENT IS -SUBJECT TO ALL PROVISIONS OF THE
ORDINANCES, RESOLUTIONS, REGULATIONS AND ORDERS OF THE CITY
OF WEST UNIVERSITY PLACE, AND SUCH ORDINANCES, RESOLUTIONS,
REGULATIONS AND ORDERS (TO THE EXTENT APPLICABLE) SHALL
GOVERN AND CONTROL IN THE EVENT OF ANY CONFLICT OR
INCONSISTENCY WITH THIS DOCUMENT. MANY PROVISIONS ARE NOT
ILLUSTRATED ON- THIS DOCUMENT. THIS DOCUMENT IS FURTHER
SUBJECT TO THE ORDINANCE OF ADOPTION INDICATED BELOW.
RECOMMENDED FOR 1 ADOPTION by the Zoning and Planning
Commission of the City of West University Place by motion
adopted on the day of , 19_
Secretary
'Cha irman
n
Regular City Council Meeting~ July 14, 1986
,It 15
n
ADOPTED BY THE CITY' COUNCIL of the City of West
University Place by ordinance No. passed finally and
approved on the day of , 19
City Secretary
Mayor II
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Higley, that Ordinance Number 1264 be accepted as
presented on first reading and that the Title Block be added to
the Official Zoning Map.
Voting Aye: Mayor Parks, Councilmembers Higley,
, " CU,mmi ngs, Schwa rtze 1
Voting No: None' ,
Absent: Councilmember Bryan
j497009000BOND ISSUE. 1986: Consideration was given to the,
Preliminary Officia.l Notice of Sale of the bonds authorized by the
June 21, 1986, Bond Election.
(I
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Mr. Tom Masterson and Mr. Henry Sauer from, Masterson & Company,
City's Financial Advisors, presented the draft of the Preliminary
Official Statement, the' Official Notice of' Sale and Bidding
Instructions, the ordinance that will be adopted on the date the
bonds are sold and also a draft of the opinion of Bond Counsel.
By genera 1 consent of' Counci l, the documents were approved as
submitted.
WATER AUDIT CONTRACT: In accordance with previous action of City
Council approYing Phase I of the proposal submitted by Pitometer
Associates fioracity' water 'audit, City Council considered
authorizing the City Manager to execute the contract on the City's
behalf.Couricilmember Bryan came in at this point, approximately
8:19 P.M. "'i '::'
Motion was made by Councilmember Cummings, seconded by
Councilmember Higley, that, subject to prior approyal of the City
Attorney, City Manager, Richard R. Rockenbaugh, be authorized to
execute thecontraet; for a' water', audit, such contract to be
between the,:City and: Pitqmeter, Associates in, the amount of
$22,400.00.
Voting Aye:: 'Mayor Parks,'Councilmembers. Higley, Bryan,
Cummings, Schwart~el
Voting No: None
Absent: None
n
DESIGNATION OF THE CITY., OFFICER'. RESPONSIBLE' FOR, CALCULATION AND
PUBUCATION OF THE. EFFECTIVE TAX -RA'TL: i In ,acco.rdance with ~ecent
amendments to the Property Tax Code, consideration was given to
designating the Tax Assessor Collector as the city officer
~
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~p ,-~,~iiegular City Council Meetjlig~ July' 1.4,1986'
f";'
responsible for calculation and publication of the effective tax
rate.- :1~' "'.-,:'"
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Motion was made by Councilmember Higley, seconded by Councilmember
Cummings, that Donna L. Sims, City Tax Assessor Collector, be
d-esignated' as the city officer responsible' for' calculation and
publication of the effective tax rate.
Voting Aye:
Mayor'Parks, Councilmembers:Higley, Bryan,
- Cummings, Schwartzel
None
None
Voting No:
Absent:
" {', .
LEGISLATIVE MATTERS: Consideratinn was gtven to engaging the
services of an ~dvisor on legislative matters to monitor proposed
legislation affecting 'small cities.
The' 'City Manager adv.isedthat Council might consider an addition
to, the' , contract: provi di ng a ni nety- (90) day cance II ati on peri od
that would terminate the City,'s financial obligation.
Motion was made by Councilmember Higley, seconded by Councilmember
Bryan~ that 'the -,Mayor be rauthortzed' ,to enter into' an' Agreement
with Jim Short; :Tinc., with' 'the "a'ddition to' the contract of a 90
day termination clause.
Voting Aye:
Voting No:
Absent:
- -
Mayor Parks, Councilmembers Higle~, Bryan,
Cummings, S~hwartzel
None
None
o
)'j, "
REOUESTiFOR AUTHORIZATION FOR, BID',ADVERTISING: Consideration was
given to-authorizing advertisement for bids for the following:
I . ,"
a) Insurance servi ces consi sting of 1 i abil ity, property and
workers' compensation coverage; and
b) -' :Purchase of ,a.Circul-Air Electric Hose Dryer, model 0633-
240V;"16.'6 AMP; 3 Wire, 3 Phase, for the Fire Department.)
.,"
..
Motion was made by Councilmember-Higley, secondedbYl Gouncilmember
Cummings, that the City Manager be authorized to advertise for the
items as requested.
, Voting Aye: : ", Mayor ,Parks, Councilmembers Higley,
:," :Cummings, Schwartzel
Voting No: None
Absent: Councilmember Bryan
CONSTRUCTION OF-THE ANilMAtCONTROL FACILITY:, Consideration ,was
given to'the'invoice~ in' the.amount'of"$15,000~OO, submitted by
Secure Development ,Corpora'fion for' completion of the Animal
Control Faci 1 i ty.'
fl
L.-J
Regular City Council Meeting" July 14, 1986
if;'
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Motion was made' by Countilmember, Higley" seconded by, Councilmember
Cummings, that the ,invoice in the amount of $15,000.00 submitted
by Secure Deyelopment Corporation for completion of the Animal
Control Facility be approved for payment.
Voting Aye:
Voting No:
Absent:
Mayor Parks~ Council members Hi gl ey,
Cummings, Schwartzel
None
GouncilrilemberBryan
1985 AUDIT FEE:
invoice in
Mitchell &
audit.
Consideration was given to the third and final
the amount of'$3,'OOO.()O submitted by Peat, Marwick,
Co., for services ,in connection with the 1985 annual
Motion was made by Councilmember Higley, seconded by Councilmember
Cummings, that the invoice in thei amount of $3,000.00 submitted by
Peat, Marwick,Mitchell & CO."be approved for payment.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley,
Cummi n 9 s" $c hwa r-tz e 1
None
Councilmember Bryan
PURCHASE OF GARBAGE BAGS: Cbnsiderationwas given to the invoice in
the amount 'of $TIh471.~].subiriifted- by Houston i GahJ,eston Area
Co~~cil for deliverY','of~plasti.c 'sol,id ~waste refuse bag:s.
- I .j . ~ -. t ; ....
Motion was made by Councilmember:Higley, seconded lby ,Councilmember
Cumm;.ngs,' that the invo'ice ~in ~the' amount of :$16,477 .27 submitted
by Houston Galveston Area :'Council be approved for 'payment.
(\
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Voting Aye:
Voting No:
'Absent:
Mayor Parks, Council members Hig~ ey,
Cummings, Schwartzel
None
Coiunci lmembe-r ''Bryan
RACQUETBALL COURT NO. II CONTRACT FOR RENOVATIONS: Cons'i dera~t,i on
was gi ven to the i nvoi ce in the amount oT$5 ,800.00 submitted by
Bauer Flooring Company for completion :of the renovations to
Racquetball Court No. 11.
i
Moti on was made by Councilmember ,Hjlg] ey, seconded by Councilmember
Cummings, that the invoice in the amount of $5,800.00 submitted by
Bauer .Fl oori ngCompa~n.YbeapPr.o:ved fO'r p,ayment. :-' . ',:,
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Vo'ting (Aye:
Voting No:
, Absent:
Mayor ,Par-ks,Councilmembers Higley,
-Cummilngs, Schwantze 1
None
,C'dune; lmember 'Bryan
LEGAL SERVICES: Consideration was gi;ven ;,to the invoice in ,the
amount of $4,518.64 submitted for legal services provided on the
city's behalf for the month of June, 1986.
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1~ R'egular City Council Meeting~ JulY.14~ 1~86 '
Motion 'was made by CouncHmemberHi,gley, seconded,by Councilmember 0
Cummings, that the"tnvoice.' in;the'amount of:$4,518.64 submitted
for 1 ega'l servi ces for the, j month of June, 1986, be approved for
payment.
Vot~:r:lgAye: ',:MaY0r ParkS'; 'Councilmembers Higley,
i Cummi n~,s,.. .$'ehwartze 1
Voting No: None' ,
Absent: ' Councilmember:, Bryan
REROOFING OPERATIONS GARAGE AND'WATER ,PLANTiOFFICE: Consideration
was given to the reqlire'st 'for"payment ,in ,the amount, of '$8,534.50 to
Marton Roofing, Inc." for completion of, the reroofing of the
Operations Garage and the Water Plant Office.
Motion, was made byCquncUmember H:i gley, seconded by Cmmci lmember
Cummings ~ that the i,nyoice in the amOl:,!nt of $8,534.50 submitted by
Marton Roofing , Inc.,. 'be approved for :payment~
'Voti'ng Aye:
Voting No:
Absent:
. . Mayo}' Parks~CouricilmembersHi gl ey,
CiJmmti1gs "Schwa rtze 1 '
None ' ',' ., ,,'
Counci lmember" Bryan
ENGINEERING SERVICES FOR VARIOUS. UTILITY' RELATED PROJECTS~,
Consideration was given to' the invoices submitted by Langford 0
Engineering, Inc., for (a) Priority ,Area No. 1 Water in the amount
of $799.10; (b) Cleaning of the 3611 Sanitary Sewer Outfall line on
Brompton in the amountlof $/1,758.18; ::(c) Sanitary. Sewer Renovation
Master' Plan in the amou'nt ':6f'$7 ,895.00; (d) Priority Area No. 1
Sanitary Sewer in the ,amount ,of $4,814.65; and (e)"Priority Area
No. 2 Water in the amount of $3,968.61; for a total amount due of
$19,2351.'54.1 .
'j I,. L}' " . j/; I
Motion was made by Councilmember 'Higley, seconded by Councilmember
Cummings, that the, invoi c.es' submitted by Langford Engi neeri ng,
Inc., for engineering services totaling $19,235.54 be approved for
payment. , . ' , , , ' , ", \ ~ ' :' ,
"
.. ,
Voting Aye:
Voting No:
Absent:
MaYQr' Parks, Counc i 1 members Hi g ley,
Cummings, Schwartzel
None
Counci:lmember' Bryan
SURVEY SERVICES-FOR VARIOUS UTILITY RELATED PROJECTS: Consideration
was given to the invoices submitted by Topco Co., Inc., for survey
work'in:(a) Priority"Aiea .:'No;.2W~ter and (b) Priority Area No.1
Sanitary Sewer for the total ,amount'of $7,496.00.
Motion was made by CouncilmemberHrlgley, seconded by Councilmember . n
Cummings, that the invoices in the amount of $7,496.00 submitted
by Topco Co.;, Inc., be approved for 'payment.
Regular City Council Meeting, July' 14, 1986
19
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{: 1
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Motion was made by Councilmember Higley, seconded by Councilmember
Cummings, that the i'nvoice in the ,amount of $4,518.64 submitted
for legal seryi ces for the month of June, 1986, be approved for
payment.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Council~embers Higley,
Cummings,S-chwartzel
None
Councilmember Bryan
REROOFING OPERATIONS GARAGE AND WATER PLANT OFFICE: Consideration
was given to the request for payment in the amount of $8,534.50 to
Marton Roofing, Inc., for completion of the reroofing of the
Operations Garage and the Water Plant Office.
Motion was made by Counci lmember' Higley, seconded by Counci lmember
Cummings, that the invoicei n the ,amount of $8',534.50 submitted by
Marton Roofing, Inc., be approved for payment.
Voting Aye:
Voting No:
Absent:
"'I "
Mayor Parks, Councilmembers Higley,
Cummings;: Schwartiel
None " " ' ",;
Councilmember Bryan
ENGINEERING SERVICES FOR VARIOUS: UTILITY RELATED PROJECTS:,
Consideration was given to,the Jnvoices submitted by Langford
Engineering, Inc., for':(a) Priority Area No. 1 Water in"the amount
of $799.10; (b) Cleaning'ofthe 3611 Sanitary Sewer Outfall line on
Brompton in the amount of $1,758~18;:(c) Sanitary..sewer Renoyation
Master Plan in the amount of $7,895.00; (d) Priority Area No. 1
Sanitary Sewer in the' 'amount of'$4,814.65; and (e) Priority Area
No. 2 Water in the amount of $3;968.61; for a total amount due of
$19,235.54. ' ."
~
I '
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Motion was' made by CouncilmemberHigley, seconded by Councilmember
Cummi ngs, that the invoi ces submitted by, Langford' Engi neeri ng,
Inc., for engineering services totaling $19,235.54 be approved for
payment. ". '
) ,
Voting Aye:
Voting No:
Absent:
"
, .
'Mayor Parks"Counci lmembers H;-g'l eY;f'; I
Cummi ngs," Schwa'rtzel' -,
None
€'o,unci lrilember :Bryan
.,1:
, ';!
SURVEY SERVICES FOR VARIOUS UTILITY RELATED PROJECTS: Consideration
was given to the invoices submitted by Topco Co., Inc., for survey
work'in (a) Priority Area"No. 2, Water and (b) Priority Area No. 1
Sanitary Sewer for the total amount of $7,496.00.
Motion was made by Councilmember Higley, seconded by Councilmember
Cummi ngs, that the i nvoi ces in the amount of $7,496.00 submi tted
by Topco Co., Inc., be approved for payment.
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Regular City Council Meeting, Ju:ly J.4', 1986
. /
: I' I - I
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Voting Aye:
Voting No:
'Absent:
Mayor Parks, iCounci lmembers
Cummingsi Schwartzel
None
Councilmember Bryan
, ,
Higley,'"
~ " .
1983 BOND PAYMENT: Consideration was given to the invoice in the ,
amount of $131,007.50 submitted by, First City National Bank of
Houston for the semi annual interest' and paying agent fee for the
1983 bond payment.
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Motion was mad~ by Oouncilmember Higley, seconded by Councilmember
Cl:Jmmings, that the'i,invoice:in theamount"of '$131.,007.50 be
approved for payment to First City National Bank of Houston.
Voting Aye:
Voting No:
Absent:
'Mayor Parks., Councilmembers
'Cummi ngs ,Schwa rtze 1
None'",.",
Councilmember Bryan
Higley,
,i'
CITY HALL ASBESTOSREMOVALAND"MISCELLANEOUS WORK: Consideration
was given to the invoice in the amount of $50,70L90 submitted by
Davi d Evans Contractj'ng,r,nc.', for':,the renovat-i ons of Ci ty Hall.
.....< _:
Mr. ,ROc'kenbaugh advised ,Councill 'that the City was holding
$38,000.00 from the ,a:sbestos ,remoyal portion of tbe'tontract and 0
$13,000.00 retainage,; frOm the' genera'l contractor." The, i'nYoice for
$50,701. 90 submi tted. for'. approva liS for' work comp 1 eted-,..to date by ,
Davi~Evans Contracting Inc~ ' ,
The City Attorney recommended approval to pay' the " $50,701.90
subjett' . to the lnsurance questions ,being resolved and
reimbursement to the city for attorney's fees. "
Counci'lmember Schwartzel recommended deferring approval until all
matters were resolved.
I_ r .
Motion was made by Counci lmember Bryan, seconded by Counci lmember
Schwartzel, that approval to pay David Evans Contracting, Inc., be
deferred'untiT such"time as the' issues involyed 'are resolved and
approyed by the City Attorney.'
Councilmember Higley' commented.. that since the City Attorney
recommended condi t i ona 1 approya l, she di d not wi sh to defer the
question. ' " r '
Cound lmember stated" he ' ,would follow' the City Attorney's
recommendation.
u
Regular City Council Meeting, Ju~y 14, 1986,
'a1t,
r
'--,~
Mayor Parks, p,ut .the question to defer approval, for :p'ayment to
David Evans Contracting, Inc.
Voting Aye:
Voting No:
Absent:
, ,
Councilmembers Bryan, Schwartzel
Mayor Parks, Councilmembers Hig'ley, Cummings
None' '.
Motion was then made by Councilmember Cummings, seconded by
Councilmember Higley, that City Council approve payment of the
i nvoi ce in the amount of $50,701. 90 to David Evans Contracti ng,
Inc., subject to approval of the 'City Attorney and the City
Manager prior to release of the payment so that the City has no
liability. , " "
Councilmember Schwartzel requested the motion be amended to
include the contractor's statement of contingency for legal fees.
Councilmember Higley accepted the amendment to the motion.
Mayor Parks stated that the motion on the floor' f,o.t,:, Counci l' s
consideration was to approve payment of the invoice in the amount
of $50,701.90 to David Evans Contracting, Inc., subject to
approval of the City Attorney and the City Manager that all
insurance and other matters were resolved and the contractor's
statement of contingency for reimbursement of legal fees to the
city.
n
"---.."
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan~ '
Cummings
Councilmember Schwartzel
None
COUNCIL COMMENTS:
the auditors
1985 audit.
auditors.
Councilmember Bryan suggested City Council invite
to a workshop session to discuss their report and the
City Council agreed to schedule an interview with the
STAFF REPORT: City Manager, Mr. Rockenbaugh, had nothing further
for Council's consideration at this time.
CITY COUNCIL MEETING,MINUTES: Minutes of the regular city council
meeting on June 23, 1986, were presented for consideration.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Bryan, that the minutes of the regular city council
meeting on June 23, 1986, be approved as submitted.
n
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Cummings', Schwartzel
None
None
. .1:1
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~81)
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Regular City Council Meeting;, July 1'4, 1986
$4,700,000 BOND ISSUE, 1986: <Mr. Masterson addressed 0
Council again concerning the Bond-'lIs'sue, 'and info.tmallydiscussed
the City's presentation to ~he b~nd rating agencies. ~
, . I ' ". ..,l : i'Li
ADJOURNMENT;: I, With no further' bu;s:iness to come before Counci 1 at
this time and upon motion duly made':'and s~conded, the meeting was
declared adjourned.
1 .;
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udrey ~' hol's' ,
Ci ty See ta ry' ,
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SPECIAL CITY COUNCIL MEETING
JULY 24, 1986
7:00 P.M.
Ci ty Council convened in speci a 1 sess i on in the Ci ty Hall Conference
Room, 3800 Univerpity Boulevard, in the City of West Uniyersity Place,
on Monday~ J.u}7 ~4,"" ~9?6!; wi>.h the,.. !ollowing members present: Mayor
Parks, presl~Jng\ CWncl'lmembers 'fhgley, Bryan, and Schwartzel.
Councilmem~"Cummft~ *as,,)rb~M\....;\..;A'iso present were the City Manager,
City Secretary, Cfty Attorney, and the Director of Administration.
HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had
matters they wi shed to bri ng to the attenti on of the Ci ty Council~'
which had not previously been submitted to the City Manager.
There were none present who wished to speak.
o
RESCHEDULE REGULAR COUNCIL MEETING: Consideration was given to ..
rescheduling the council meeting regularly held on th~ 'fourth
Monday of each month.
Mr. Rockenbaugh advised Council that the bond bid documents and
the ordinance authorizing the sale of the 1986 Bond Issue would
require Council's action on July 31, 1986.
Motion was made by Council member Bryan, seconded by Councilmember
Higley, that the next regular council meeting be scheduled to
convene at 7:00 P.M., Thursday, July 31, 1986, in Council Chamber.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Councilmember Cummings
CLOSED EXECUTIVE SESSION: Mayor Parks announced that City Council
would go into a closed executiye session as authorized by the Open
Meetings Act, TEX. REV. CIV. STAT. ANN., as amended, Article 6252-
17, Section 2(g) Discussion of P~rsonnel Matters: resignation
questi ons (Pol ice Offi cer) . The City Secretary and Di rector of
Administration left the Conference Room.
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At the conclusion of the executive session, Mayor Parks reconvened
the special council meeting in open session.
ADJOURNMENT: With no further business to consider in the special
session and upon motion duly made,. seconded and carried, the
meeting adjourned.
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Special Council Meeting, July 24, 1986
~ ~.
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udrey N" ols
City Seer tary
2
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Mayor
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REGULAR CITY COUNCIL MEETING
JULY 31, 1986
7:00 P.M.
t" (..~
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25
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City Council .6'nvene! _ in regul;iJ'f1."'session in the City Hall Council
Chamber, 3800 Uniyersity Boulevard, in the City of West University
Place, on Thursday, July 31, 1986, with the following members present:
Mayor Parks, presiding; Councilmembers Bryan' and Schwartzel.
Councilmembers Higley and Cummings were absent. Also present were the
City Manager, City Secretary,' City Attorney, Director of
Administration, Director of Operations, and the Fire Chief.
Councilmember Schwartzel delivered the invocatiori- and led the
Allegiance to the Flag.
Mayor Parks advised that at this time, Council would consider
Agenda Item No. 6 ~4~700.000 BOND ISSUE. 1986 and requested the
Financial Advisors, Masterson and Company, to conduct the bid
opening for the sale of th~ bonds.
Mr. Masterson opened the bids and read the results as follows:
Bidder
o
Lovett Mitchell Webb &
Garrison
Gross Interest Cost
Less: Premium
Net Interest Cost
',Effective Interest
Rate)
Bear Stearns & Co.
Gross Interest Cost
Less: Premium
Net Interest Cost
Effectiye Interest
Rate 'I
. \1'
Masterson & Company
Gro:ss ~InterestCosti
Less: Premium
'.. Net;::lnterest Cost ,
Effective Interest
Rate
Two First TX
Gross Interest Co~t
, ; -Less:: 'P.remi um
Net Interest Cost
Effective Interest
Rate
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Rauscher Pierce
Refsnes, Inc.
Gross Interest Cost
Less: Premium
Net Interest Cost
Effective Interest
Rate
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$3,924,995.00
0.00
$3,924,995.00
7.678003%
$3,943,870.62
0.00
$3,943,870.62
". "',' 7 . 714927%
'$3,975,656.25
0.00
.$3,975,656.25
7.77710%
-r, $-3,979,372.50
" 0.00
$3,979,372.50
7.784375%
$4,048,195.00
1,Q64.40
$4,047,130.60
7.9169%
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, Regular City CQuncil Meeting, July 31, 1986
JEMFRA & CO
Gross Interest Cost
Less: Premium
Net Interest Cost
Effective Interest
Rate
$4,079,530.00
$445.20
$4,079,084.80
7.9794%
u
Mr. Masterson requested Council's decision be deferred until later
in the council meeting to allow time to evaluate the bids. Mayor
Parks accepted Mr. Masterson's request. Mr. Masterson and Mr.
Sauer left council chamber at this time.
HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had
matters they wished to bring to the attention of the City Council
which had not previously been submitted to the City Manager.
A senior citizen requested Council consider the rules relating to
the time allowed to seniors at the swimming pool. She explained
that the rules at the pool do not allow the seniors to get into
the pool until a certain time. The seniors don't feel they are
given the proper amount of time and would like an earlier time
next year. There are some things the seniors would like to point
out for consideration next year when the rules are set out. She
suggested seniors be invited to help on revising these rules.
Mayor Parks assured her that the matter would be referred to the 0 )11
City Manager and suggested she get in touch with the Parks Board.
CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who
wished to address a specific agenda item to speak at this time.
There were none present who wished to speak concerning an agenda
item.
ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City
Council suggested removing an item from the consent agenda.
CONSENT AGENDA: Motion was made by Councilmember Bryan, seconded
by Councilmember Schwartzel, that the consent agenda be approved
in accordance with staff recommendation.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Bryan,
Schwartzel
None
Councilmembers Higley, Cummings
ZONING MAP: Mayor Parks presented Ordinance Number 1264 for the
second reading.
AN ORDINANCE ADOPTING AN OFFICIAL ZONING MAP FOR THE CITY OF WEST U
UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT.
Regular City Council Meeting, July 31, 1986
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Motion was made by Councilmember, Schwartzel, seconded by
Councilmember Bryan, that Ordinance Number 1264 be adopted as
presented at the second and final reading. '
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Bryan,
Schwartzel '
None
Councilmembers Higley, Cummings'
PERSONNEL MATTERS: Consideration was given to staff position on
personnel matters. '
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Bryan, that the personnel decision of the City
Manager reviewed by the City Council on Monday, July 28, 1986, be
affirmed.
Voting Aye:
Voting No:
'Absent:
Mayor Parks, Councilmembers Bryan,
Schwartzel
None i i
Counc iTmembe;rsHigl ey, Cummi ngs
"
PUBLIC AUCTION: Consideration was given to authorizing the auction
of bicycles and various other city owned items in a public auction
sche~uled for August 16, 1986~ 10~DQ A~M~.
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, , ,
Motion was made by CouncilmemberBryan, seconded by Councilmember
Schwartzel, that City Council authorize the auction of bicycles
and other city owned items as scheduled.
Voting Aye:
Voting No:
Absent:' :
Mayor Parks, Counci lmembers Bryan,
;$chwartz,eL '," ,
None
Gouncilmembers Higley, Cummings '
PURCHASE OF RESPIRATORY BREATHING AIR COMPRESSOR FOR THE FIRE
DEPARTMENT: In accordance with previous action of City Council,
recetved, lunti 1 :10: OOA. M., July .18, 1986, for the purchase of a
respi ratory breathi ng a i 1" compressor were as follows:
Bidder
Stark Manufacturing
bids
Amount
Casco Indu'str,ies, Inc.
, r
$6,190.00
$6,895.00: '
$7,090.00
Power'Igni'tion: Co. Inc.
Casco Industries, 'Inc.
, .-:
$7,500.00
$7,575.00
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Tackaberry Co.
P-M~E Equipment Inc.
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Regular City Council Meeting, July'31, 1986"
Fi re Protecti on Servi ce Co ~' 'I
'$7,900.00
$9,695.00
Halprin Supply Co.
City Manager, Mr. Rockenbaugh;advised Council that it was the.
recommendation of city staff to award the contract to the low
bidder, Stark Manufacturing, at their'bid price of $6,190.00.
"
Motion was made by Councilmember Bryan, seconded by Councilmember
Schwartzel, that Ci ty Counci 1 accept "staff's recommendation and
award the contract to purchase the respiratory breathing air
compressor to the low bidder, Stark'Manufacturing, at the bid
price of $6,190.00. :".,,,:
"Voting Aye: Mayor Parks,Councilmembers Bryan,
Schwartzel
Voting No: None
Absent: ''> CounCi 1 members H-;:gl ey ,Cummings
",
PURCHASE OF PICKUP TRUCK FOR WATER DIVISION: Consideration was given
to the invoice in the amount of. $8,938.36 submitted by Jack Roach
Ford for delivery of a 1986 1/2 ton pickup truck to the Water
Division. ' '" , ' J '
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Motion was made by Councilmember Bryan, 'seconded by Councilmember
Schwartzel, that the ,inyoice in the amount of $8,938.36 submitted 0
b;y Jack'Roach Ford be appr~veld for ~ayment. ' ')
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Bryan,
Schwartzel
None
Councilmembers' 'Higley, Cummings
PURCHASE OF TWO REFUSE TRUCKS: 'Consideration was given to the
request for payment procedure relating to the purchase of two
refuse trucks.
I. '.
Mr. Rockenbaugh advised Council that Environmental Sales and
Service requested three separate checks be issued to coyer the
payment for the trucks. The purpose of writing three checks is to
assure the City that all yendors involved are paid their demanded
amounts. I.f approved, Check #1 would be a two party check to
Environmental Sales and Seryice and World Wide Trucks in the
amount of $133,068.00; Check #2 would be a two party check to
Environmental Sales and Service and Maxon lrid4 in the amount of
$39,026.00; and Check #3 would be a one party check to
Environmental Sales and Service in the amount of $13,836.00. The
total of the three checks would would be the same amount as the
original bid award of $185,930.00 as previously awarded by City
Council.
Motion was made by Councilmember Bryan, seconded by Councilmember
Schwartzel,that Council approve payment for the two refuse trucks
as presented for the total amount of $185,930.00.
n
Regular City Counci 1 Meetfng, July 31, 1986
. 829
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Bryan,
Schwartzel
None
Counci 1 members Hi gl ey,Cummings
ARCHITECTURAL SERVICES IN CONNECTION WITH CITY HALL RENOVATIONS:
Consideration was given to the invoice in the.amountof $2,159.09
submitted by John F. Houchins for architectural services in
connection with City Hall renovations. '
Motion was made by Councilmember Bryan, seconded by Councilmember
Schwartzel, that, the invoice in the amount of $2,159.09 submitted
by John Houchins for architectural services be approved for
payment. .
Voting Aye:
Voting No:
Absent:
Ma'yor~ Parks, Cormci lmembers Bryan"
Schwartzel
None
Councilmembers Higley, Cummings
VIDEO PRODUCTION SERVICE: Consideration was given to the invoice in
the amount of $8,000.00 submitted by Pearlman Productions; Inc.,
for services in connection with the devel~pment and production of
a promotional video tape. ! ' , ,.
Motion was made by Councilmember Bryan, seconded by Councilmember
Schwartzel, that the ,inyoice in the amount of $8,000.00 submitted
by Pearlman Producti,ons" Inc.:,: be:approvedfor' payment.
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Voting Aye:
Voting No:
Absent:
Mayor Parks,' Councllmembers Bryan,
Schwartze 1 J . - . ,
None
Councilmembers Higley, Cummings
. 'i
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COUNClLCOMMENTS: CouncilmemberBryanasked for information
concerning :the cableliV) audi,t'.;) Councilmember Schwartz,elsuggested
staff investigate the cable company's computation of revenues. It
was also suggested staff request annual reports for the previous
three years .'. ' ,.;
Councilmember Bryan asked for the status of the project to allow a
dollar off on seniors water bills. Councilmember Bryan was
advised that staff wasw,ork:Fng; on,~preparing; guidelines for the
project. ' ,
Mayor Parks suggested ,the nominees, for the Metro Board of
Directors representing cities other than Houston be invited to
council meeting on August 11,: 1986. '
n
; ~ - ~ i',
j4,700,000 BOND ISSUE, 1986: City Financial Advisors, Tom ,
Mas,terson ;and Henry 'Sauer ;:returned to counc i 1 chamber and
reported ,the tabula.tion of thebidsrece,ived to sell the
$4,700;000bond'issOe wascompliete.,: The bi'ds::were'accurate as
represented. Mr. Masterson recommended awarding the sale of the
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Regular City Council Meeting, July 31,' 1986
bonds to:LovettMitchell Webb,& Garrison at,the effective interest
rate of 7.678003%.
I .1 I
Motion was made by CouncilmemberBryan, seconded. by Councilmember
Schwartzel, that City Council award the sale of the $4,700,000
bondi ssue, to ,1.ovett,tMitchelL Webb" and Garrison ,at. the effective
interest'rate of 7.678003. "
\ 1 .
Mayor' I?a,r.:ks": 'Cou.nc i ~ members Bryan,
Schwartzel
None ..
Councjlmembers. Higley, Cummings
, . ,.' 1: " ,
Michael Cafiso, representing Fullbright & Jaworski, City's Bond
Counsel, presented an Ordinance relating to authorizing the
issuance ofllG:ITY OF WEST UNIVERSITY, PLACE PUBLIC IMPROVEMENT
BONDS, SERIES 198611. After discussion, Mayor Parks read the
caption of the ordinance as follows:
Voting ,Aye:
, ' Voting No:
Absent:
ORDINANCE NUMBER 1265
" ,
, , AN),ORDINANCE AUTHORlnNG~ THE ISSUANCE' OF IICITY OF
WEST UNIVERSITY PLACE PUBLIC-iMPROVEMENT BONDS,
SERIES 1986"; SPECIFYING THE TERMS AND CONDITIONS.
OF SAID BONDS; LEVYING A CONTINUING DIRECT ANNUAL
,: AD, VALOREM" TAX FOR THE, PAYMENT OF SAID BONDS; ;
! I ,ENAC"HNG' OTHER MATTERS INCIDENT ,AND RELATED TO
THE ISSUANCE, SA,LE, PAYMENT, AND. DELIVERY, OF. ,SAID
BONDS, INCLUDING'THE EXECUTION AND DELIVERY OF A
: PA'JNG::AGENTl~EGISTRA.R~AGRr;-t:MENT AND, THE AP,PROVAL
AND DISrRIBUJkO~ OF AN OFFICIAL STATEMENT
RELATING THERETO; AND DECLARING'AN EMERGENCY.
"I :: Ii,'.! _1,';
Copies of Orrlinance Number 1265, in the form required for
adoption, wer.e available to' all members of City ,Council and a
reasonable' number of additiona'hcoptesavai lable ,to interested
'citizens present. .
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Bryan, that Ordinance Number 1265 be adopted as
pre'sented. ' '
'! ,Voting' .Aye:
, ..
,l", I'. l\ ,
Mayor Parlqs,' Counci lmembers Bryan, ,
Schwartzel
None
Councilmembers,Higley, Cummings
Voting No:
Absent:
. -. ~-
. ,
STAFF REPORT: City Manager, Mr. Rockenbaugh, had nothing further
for Council's consideration at this time.
CITY COUNCIL MEETING MINUTES: Minutes of the regular city council
meeting on ,July14,1986,a,ndminute,s ,of the,spe<;ial ,city council
meeting on ,Jul,y24, 1986, were presented for ,consJderation.
: ,I
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Regular City Council Meeting, July 31, 1986
*:111
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Councilmember Bryan offered the following corregtions to the
minutes of the regular city council meeting on J1uly 14, 1986: (a)
under LEGISLATIVE MATTERS: the vote be recordeq to show
Councilmembers Cummings and Schwartzel voting 1I~01l, and (b) under
CITY HALL ASBESTOS REMOVAL AND MISCELLANEOUSWO~K add Cummings
after the word Councilmember to the paragraph r~ading
IICounci lmember stated he woul d foll ow the City JlIttorney's
recommendation. II I
Accepting the corrections to the minutes as offered, motion was
made by Councilmember Schwartzel, seconded by Cguncilmember Bryan,
that the minutes of the regular city council me~ting on July 14,
1986, be approved as corrected and the minutes 9f the special city
council meeting on July 28, 1986, be approved as submitted.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Bryan,
Schwartzel
None
Councilmembers Higley,: Cummings,
ADJOURNMENT: With no further business to come before Council at
this time" motion was made by Councilmember ScHwartzel, seconded
by Councilmember Bryan, that the meeting adjour I. Such motion
carried and the meeting adjourned at 8:00 P.M.
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REGULAR :CITY COUNCIL MEETING
AUGUST 11, 1986
7:00 P.M.
City Council, convened in regular, session in the City Hall Council
Chamber, 3800 University BouJeyard, in the City of We,st Uniyersity
Place, on Monday, August 11, '1986,w,ith the following member$ present:
Councilmembers Bryan, Cummings and Schwartzel. Mayor Parks and
Councilmember Higley were absent. Also present were the City Manager,
City Secretary, City Attorney, Dire,ctor of Administratio,n, Director of
Operations, Chief of Police" and Police.oepartment Capta'in. Motion was
made by CouncilmemberSchwartze l, seconded byCounci lmember Cummings,
that Councilmember Bryan preside. over the council meeting.
Voting Aye:
Voting No:
Absent:
..
Councilmembers Bryan,
Cummings, Schwartzel
None "
Mayor Parks, Councilmember Higley
delivered the invocation and led the Allegiance to
Councilmember Bryan
the Flag.
.. . ,
HEARING OF RESIDENTS: Councilmember Bryan invited residents to speak
who had matters they wished to bring to the (ittention of the City
Council which had "not previously been submitted ,to the City
Manager.
There were none present who wished to speak.
CITIZENS RESPONSE TO AGENDA ITEMS: Councilmember Bryan invited
resi dents who wi shed to address a specific agenda item'to speak at
this time.
, ,
; There were none present who ,wished to. speak 'concerning - an agenda
item .'
. - -'
ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City
Council suggested remoYing ani tem from the consent: agenda.
CONSENT AGENDA: Motion was made by Councilmember Schwartzel,
seconded by CouncilmemberCummings, that th~ consent agenda be
approved in accordance .with staJf rec;pmmendation.
Voting Aye:,
Voting No:
Absent:
Councilmembers Bryan,
,. "'Cluilfnings,:,SGhwartzel
" None
Mayo:Y':!'R~;Y'ks;' Councilmember. Higley
METRO BOARD NOMINEES: Councilmember Bryan announced that since there
was not a full council present, it was decided to remoye this item
from the agenda. The nominees previously ackno,w:ledgedby the
_ __ _____ Li
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/48
. Regular City Council Meeting, Augus~ 11, 1986
Metro Appoi ntment Board 'of Cities except Houston were not in
attendance..
n
APPOINTMENT OF CHAIRMAN OF THE PARKS BOARD:, Councilmember Bryan
presented and read Resolutlon Number 86-06 as follows:
WHEREAS, it is the'obli'gation of the City Council,
pursuant to provisions 'of the' City Charter and ordinances
~~retoforeadopted, ~o. appoint 'members to various Boards;
and' .,.""
WHEREAS, the Mayor and members of the City Council by
'Resolution Number 85-10, atlopted on Jbly 8, 1985, appointed
qualified citizens to serve' on- the' Parks and Recreation
Board of' the' City of We.st' University Place, Texas, and'
appointed Michael Cemo to serve as Chairman of this
particular board; and
WHEREAS, by his letter dated 'July 23, 1986, Michael
Cemo tendered his r~sf~nation'a~ Chairman of the Parks and
Recreation Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
TH~ CITY OF WEST UNIVERSITY P~ACE, TEXAS:
Section 1. That the Mayor and City Council recognizes
the contribution of time' and work 'Michael Cemo has given to
the Parks Board and regretfully accepts his resignation.
Section 2. That Russ SC,hulze hereby be appointed to
serve as Chairman of the Parks and Recreation Board, such
appointment to be effective imriiediately upon the adoption
of th~s Resolution~ ' ' ' ,
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Section 3. That Russ Schulze shall serve as Chairman
of the Parks and Recreatlon Board unti 1 the next regul ar
city election of the City Council and thereafter until the
appointment and qualification,of his successor.
PASSED AND APPROVED "this 11th' day of August;
1986.
Councilmembers Voting'Aye:
Counc i 1 members Voti hg No: '
Councilmembers Absent:
"Counc'flmember
, ; Councflmember
Audrey Ni cho 1 s, -
City Secretary
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Attest:
Regular City Council Meeting, August 11, 1986
3~..',"",.'"
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(SEAL) ,
Approved as to Form:
James L. Dougherty, Jr.,
City Attorney
Motion was made by Councilmember Cummings, seconded by
Councilmember Schwartzel, that City Council adopt Resolution
Number 86-06 as read.
Voting Aye:
Voting No:
Absent:
Counci lmembers Bryan,
Cummings, Schwartzel
None
Mayor Parks, Councilmember Higley
[1
, ,
CAPTAIN JAMES O.BRYANT: Council member 'Bryan offered Council's and
the City's congratulations to Captain James O. Bryant to
commemorate his anniversaryof'35 years with the City of West
University Place Police'Departmentdevoting timeandloy,e and care
to our community. We are pleased tonight to be able to .honor him
and present to him a cake decorated with his name and 35 candles.
, , "I"" ,
Motion was made by CouncHmember'Cummings, seconded by
Cou,nci lmember Schwartze l, that the' C,ounci 1 meeti ng recess.
Voting Aye:
Voti,ng No:
Absent:
Councilmembers Bryan,
Cummings, Schwartz'el
None
Mayor Parks,. Councilmember Higley
After sharing cake and congratulations with Captain Bryant,
Counci,lmember Bryan reconvened the council meeting.
PURCHASE OF ,FIRE; HOSE: In accordance with previous 'action! of City
Council, consideration was given to awarding the contract for the
purchase' o,f fi re hose for the Fi re Department.
Bi dsrecei:ved ,on August,. 6',' 198.6,~ -for: the ,purchase of 1000 feet of
1 3/411 fi re hose and 1200cfeet: of 411 fi re hose were as fo II ows:
Bidder
1000 ft. of 1 3/411
1200 ft. of 411
,Casco 'Industries ..
. '$11,360'.00' :'} " 'I) ': $6,B6LJ..00:
'. ....,!.l.
, ,
Koetter Eire ,Pirote'ctton - ", $:1,37'5.0,0
Service
, ", $7,,1,28.00:
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Halprin Supply
$1,400.00
$5,160.00
$} ,608.00
Cl aude Wri ght & Assoc. ",', ",,$1 ;,570~:OO ,.,',' 'i. )
Fire Equipment
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Regular City Council Meeting, August 11~ 1986
Southwestern Rubber & Gasket $1,600.00
$9,576.00,
$8,322.00
$2,875.00
Houston Fire & Safety
Equipment
City Manager, Mr. Rockenbaugh, explained that it was staff's
recommendation that the contract for the purchase of the 1 3/411
fire hose be awarded to the low bidder, Casco Industries, at their
bid p~iee of $1,360.00; the eontract for the purchase of the 411
fire hose be awarded to the low bidder'me~ting specifications,'
Casco Industries. However, since the amount bid exceeds the
budget, that council authorize the ~urchase of 1000 feet of the 411
fire hose at this time and consider purchasing the remaining 200
feet as a part of the 1987 budget.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Cummings, that Council accept staff1s recommendation
and award the contract' for purchase of 1000 feet or 1, 3/411 fire
hose to the low bidder:, Casco Industries~ at their bid price of
$1~360.00 and the'purchas~ of 1000: feet of 411 fire hose from Casco
Industries at their bid of $5;720.00, the remaining 200 ,feet of 411
hose to be considered for, purchase in,1987.
Voting Aye:
'Voting No:
Absent:
Councilmembers Bryan,
Cummings, Schwartzel
None
Mayor Parks, Councilmember Higley
PURCHASE OF HOSE DRYER FOR THE'FiRE DEPARTMENT: In accordance with
previou~ action of City Council, bids received on August 4, 1986,
for the purchase of a Clrcu1-A;-r 'Electric Hose Dryer'model 0633-
240V, 16.6 AMP, 3 wi re" 3, phase were as fo II ows :
Koetter Fire Protection Service ' "
$6,150'.00
$6,225.00
$6,600.00
Halprin Supply
Casco Industries
City Manager, Mr. Rockenbaugh', stated that staff's recommendation
was to award the contract to the low bidder, Koetter Fire
Protection Service.
Motion was made by Councilmember Schwartzel, seconded by
Councilmeinber Cummi ngs, that the contract to purchase' the Ci rcul-
Air Electric Hose Dryer, be awarded to the low bidder, Koetter
Fire Protection Service, at their bid price of $6,150.00.
Voting Aye:
Voting No:
Absent:
Councilmembers Bryan,
Cummi't1gs,' Schwa rtze 1
None
Mayor Parks,Councilmember Higley
PURCHASE OF OFFICE FURNITURE: Consideration was given to
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Regular City Council Meeting, August 11, 1986
3~t;
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authorizlng advertisement for bids for the purchase of office
furniture for MunicipalCourt,in the ,amount of $1,050; Senior
Seryices in the ,amount of $10,050; and Operations in,'the amount of
$1,200.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Cummings, that. City Council authorize 'advertising
for bids for the purchase of office equipment as specified.
Voting Aye:
Voting No:
Absent:
Councilmembers Bryan,
Cummings, Schwartzel
None "
Mayor Parks, Councilmember Higley
JANITORIAL SERVICES FOR THE LIBRARY BUILDING: Consideration was
given to an alternate recommendation for janitorial services to be
provided for the library building.
Mr. Rockenbaugh advised that on June 9, 1986, Council awarded a
contract for janitorial service to the library building'to F & P
Janitorial Services. However, after numerous telephone calls and
a letter, F & P Maintenance has not been able to provide the city
with the insurance certificates and other documents outlined in
the specifications'as:requirements for contract. After review of
the other contractors who submitted bids, staff recommends the
contract be awarded to C & S Maintenance for janitorial service to
the library building for'themonthlyamount of $471.00. C & S
Maintenance is currently providing seryice to the police building.
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Motion was made" by Counciimember' Schwartzel~; seconded- by"
Counc-ilmember Cummings, that City Council accept staff's
recommendation and award the contract for janitorial service for
the library building to C & S Maintenance for the monthly charge
of $471.,00.' ' ' ' ",; ',: .J ') '. ,.,,'
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Voting Aye:
Voting No:
Absent:
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Councilmembers Bryan,
Cummings, Schwartzel
'None: '::J :, :11 I ~,' i ': ~ -'
'Mayor Parks,Councilmember Higley
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CONSTRUCTION OF CLEANING 3611 -SANITARY SEWER OUTFALL LINE ON BROMPTON
ROAD: Consideration was given to authorizing advertisement for bids
- for cleani,ng'the 36'\; sanitary sewer outfa H' 1 ine'on B.rompton Road.
J i . ..
Motion was made by Councilmember:.$chwartzel, seconded 'by
Councilmember Cummings', 'that City Council authorJze.adv.ertising
for bids for theconstructi on of' ,cl eani ng' ,the 3611) sanitary sewer
outfall ,1 i ne on Brompton Road. " . " , , , ,
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Voting Aye:
Voting No:
Absent:
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II'
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Councilmembers Bryan,
Cummings:" Schwartzel
None
Mayor Parks, Councilmember Higley
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Regular City Council Meeting, August 11, 1986
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CONSTRUCTION iOF PHASE 1, PRIORITY AREA, NO. ~ 1 SANITARY SEWER,,';
RENOVATIONS: Consideration,was given to, authorizing advertisement
for bids for the construction.of Phase 1, Priority Area No.1
Sanitary Sewer Renovations. -
Motion was made by Counci lmember Schwartzel" ,seconded by
Councilmember Cummings, that City Council authorize advertising
for bids for the construction of Phase 1, Priority Area No. 1
Sanitary Sewer Renovations.
Voting Aye:
Voting No:
Absent:
";1
Councilmemhers,Bryan,
Cummings, Schwartzel
None
Mayor Parks, Councilmember Higley
LEGALSERVICES:Consideratirin was given,to the invoicefor.legal
services provided on the City,'s'behalf,for the monthof,July 1986.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Cummings, that:the invo;jc~ in ,the amo,unt gf
$4,532'.02 for legal services for'the month of July 1986, ,be
approved for payment.
,Voting Aye:
Voting No:
:Absent: '
I,
': ' 1 ',:
Councilmembe~s Bryan,
Cummi ngs ;. , Schwa rtze 1
, ,Ngne , "
Mayor Parks,:Councilmember Higley
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SURVEY SERVICES FOR VARIOUS UTILITY RELATED PROJECTS: Consideration
was given to the invoice in the amount of $1,584.00 submitted by
Topco Co., Inc., for survey',services,on. various utility related
proJects. . I,' ,,.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Cummings, that the invoice in the amount of
$1,584.00 submitted by'Topco Co.,:Inc., be approyed for payment.
Voting Aye:
Voting No:
,Absent: ;
Council members Bryan,,, "
Cummi ng,s,' Schwartze 1
None
Mayor Parks ,,;Councilmember Hi,gley, ,
COUNCIL COMMENTS: Councilmember Jim Cummings announc~d ;that
he was officially resigning as Councilmember of the City of West
Univers~ tyPl a;ceeffective August 21" 1986, because he had
accepted ,a position with Hancock Bancorporation, in Gulfport,
Mississipp'i. Councilmember Cummings, stated, he"hadenjoyed working
with City Council. This move was not; in his plan. Economic
conditions in Houston made it necessary for him to seek employment
elsewhere. Members of CouncU expressed their regrets at losing "'---'UI
Councilmember Cummings as a member of City Council.
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Regular City Council Meeting, August 11, 1986
m
Councilmember Schwartzel remarked that a friend had contacted him
to compliment Municipal Court Clerk, Iola Pickul, for her pleasant
manner and efficiency in performing her municipal court duties.
Councilmember Bryan reported the city received three letters: one
letter thanking the Street Department for promptly fixing a
drainage problem, one letter praising Detective John Johnston and
Officer Mike Peterson for the way they handled a police call and
one letter praising Officer Mary Casmarick for her excellence in
responding to a police call.
Councilmember Bryan asked when Council would meet with the waste
management people who are to come talk about a transfer station.
Mr. Rockenbaugh stated that they would be scheduled for a workshop
session.
o
Councilmember Bryan asked for information concerning the
Southwestern Bell Tel~phone Rate Case meeting to be held in Austin
and suggested staff contact Austin to find out the status,
specifically 1I0ther items regarding telecommunication issuesll.
Councilmember Bryan also inquired about the progress made by the
Traffic Committee in their study of the Auden Street situation and
the Mercer and Bissonnet location. Councilmember Bryan asked for
information concerning the Communications Committee.
Mr. Rockenbaugh adyised that the committees were making progress
in their respective areas.
u
Mr. Rockenbaugh advised Council that in light of the recent Culex
mosquito reports, the city had stepped up their mosquito spraying
program.
Mary Ann Binig was recognized by Councilmember Bryan, Ms. Binig
stated to Councilmember Cummings that the City of West University
Place will miss you. We appreciate all your work not only on
Council but the time you donated to the city in the years previous
to being elected to City Council.
STAFF REPORT: City Manager, Mr. Rockenbaugh, advised Council that
the workshop session for tonight had been cancelled and'
rescheduled to Thursday, August 14th.
CITY COUNCIL MEETING MINUTES: Minutes of the regular city council
meeting on July 31,1986, were presented for consideration.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Cummings, that the minutes of the regular city,
council meeting on July 31, 1986, be approved as submitted.
Voting Aye:
Voting No:
Absent:
Councilmembers Bryan,
Cummings, Schwartzel
None
Mayor Parks, Councilmember Higley
I,
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Regular City Council Meeting, August 11, 1986
ADJOURNMENT: With no further business to come before Council at ll\'
this time, motion was made by Councilmember, Schwartzel, seconded
by Councilmember Cummin'gs, that the meeting adjourn. Such motion
carried and the meeting adjourned at 7:35 P.M.
Beth Ann Bryan, Councilmember
, Audrey Ni cho 1 s
Ci ty Secretary
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: REGULAR CiTY COUNCIL MEETING
AUGUST 25,. 1986
7:00 P.M.
City Council convened in regular session in the City Hall Council
Chamber, 3800 University Boulevard, in the City of West University
Place, on Monday, August 25, 1986, with the following members present:
Mayor Pro Tem Higley, presiding; Councilmembers Bryan' and Schwartzel.
Mayor Parks was absent. Counc i 1 member Cummi ngs was absent (res i gned) .
A 1 so present were the Ci ty Manager, Ci ty Secretary, City Attorney,
Director of Administration, Director of Operations and the Chief of
Police. Mayor Pro Tem Higley delivered the invocation and led the
Allegiance to the Flag.
HEARING OF RESIDENTS: Mayor Pro Tem Higley invited residents to
s:peak'~who had matters they wished to bring to the attention of the
City Council which had' not previously been submitted to the City
Manager.
There were none present who wished to speak.
o
,
CITIZENS RESPONSE TO AGENDA ITEMS: MayorPrQ Tem Higley invited
residents who wished to address a specific agenda item to speak at
" this time.
There were none present who wished ,to speak concerning an agenda
item. '
ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: Councilmember
Schwartzel requested, agen'da:item No~' 10, MOODY' ~ INVESTORS
SERVICE, be removed from the consent agenda.
CONSENT AGENDA: Motion was made by Councilmember Schwartzel,
'seconded by,Councilmember Bryan,' ,that with, the :~xceptipn of agenda
item No.. ,10; th.e ,consent agend'a, be""approved ;,n accordance with
staff recommendation.
Voting Aye:
Voting No:
Absent:
Mayor Pro'TemHigley, Councilmembers Bryan,
Schwa rtze l' ,,:, ,
None
MayorPar,ks, iCouncilmember Cummings (resigned)
PROMISSORY NOTE iRENEWAL:: ,Mayor:' Pr;o Tem iHigley presented Ordinance
,Numoer';1265,and':read'flie':capt';on ,as:,f.ollQws:", ' -;, :' "
. -" --......
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AN ORDINANCE AUTHORlZING. THE- ,MAYOR TO EXECUTE ,THE
_ NECESSARY - DOCUMENTS' TO",RENEW " "AND, EXTEND THE
'PROMISSORY NOTE PREVIOUSLY;, ,AUTHORtZED ,BY
','.:0RDINANCE NUMBER, H94 BATED" AUGUSrr ',23,,". 198~.,
PROVIDING' ,FOR: THE REPAYMENT. OF: SUCH AMOU,NJ SO
. BORROWED; AND, PROVoWING' THAT: NO TAXES 'WILL BE
LEVIED SINCE FUNDS HAVE BEEN PROPERLY
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Regular City Council Meeting, August 25, 1986
APPROPRIATED AND DESIGNA;rED FOR THE REPAYMENT OF
SUCH DEBT AUTHORIZED' HEREIN.
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Copies of Ordinance Number 1265, in the form required for
adoption, were available to all members of City Council and a
reasonable number of additional copies available to interested
citizens present.
Motion was made by Councilmember Bryan, seconded by Councilmember
Schwartzel, that Ordinance Number 1265 be adopted as presented.
, Voting Aye:
'Voting No:
Absent:
Mayor Pro Tem Higley, Councilmembers Bryan,
Schwartzel
None'
Mayor Parks, Councilmember Cummings (resigned)
PURCHASE OF CAB AND CHASSIS FOR THE STREET DEPARTMENT:
Consideration was given to the invoice in the amount' of $19'~-500.00
submitted by A. C. Coll ins Ford, Inc., for del ivery of the 1986
Ford cab and chassis to the Street Department.
Motion was made by Councilmember Schwartzel, seconded by,
Councilmember Bryan, that the inyoice in the amount of $19,500.00
submitted by A. C. Collins Ford, Inc., be approved for payment.
Voting Aye:
Voting No:
Absent:
Mayor Pro Tem Higley, Councilmembers Bryan,
Schwartzel
None
Mayor Parks, ~Councilmember Cummings (resigned)
[\
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PURCHASE OF REFUSE BAGS: ,Consid~ration was given to the invoice in
the amount of $18,948.01 submitted by Houston Galveston Area
Council for delivery of refuse bags to the city.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Bryan, that the invoice submitted by Houston
Galveston Area Council for the purchase of refuse bags be approved
for payment.
Voting Aye:
Voting No:
Absent:
Mayor Pro Tem Higley, Councilmembers Bryan,
Schwartzel
None
Mayor Parks, Councilmember Cummings (resigned)
ENGINEERING SERVICES FOR VARIOUS RELATED UTILITY PROJECTS:
Consideration was given to the invoices submitted by Langford
Engineering, Inc., for various utility projects as follows: (a)
Priorlty Area No.1 Water in the amount of $546.16, (b) Priority
Area No. 1 Sanitary Sewer in the' amount of $9,402.56, (c) Cleaning U'I'
of 3611 Sanitary Sewer Outfall on Brompton 'in the amount of
$2,958.81, (d) Priority Area No. 2 Water in the amount of
$7,413.14, and (e) Sanitary Sewer Renovation Master Plan in the
amount of $2,768.75 for-the total amount of $23,089.42.
Regular City Council Meeting, August"25,- 1986
~~
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Motion was made by Councilmember Schwartzel, seconded by
Councilmember Bryan, that. the invoices submitted by Langford
Engineering Inc., be ap~roved for payment as listed.
Voting Aye:
Voting No:
Absent:
Mayor Pro Tem Higley, Councilmembers Bryan,
Schwartzel
None
Mayor Parks, Councilmember Cummings (resigned)
LEGISLATIVE MATTERS: ' Consideration was given to the 'invoices in the
amount of f3:2'89.84 for August and $3;289.84 for September 1986,
(for a total amount due of $6,'579.68), submitted by Jim Short
Inc., for legislative consulting services provided on the City's
behalf.
Motion was made by CouncilmemberSchwartzel, seconded by
CouncilmemberBryan, that,the invoices 'in the total 'amount of
$6,579.68.submitted by ~im Short Inc., be approved for paYment.
Voting Aye: Mayor Pro Tem Higley, Councilmembers Bryan,
Schwartzel
Voting No: None
Absent: ' Mayor ,Parks ;CouncniriemberCummings (resigned)
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MOODY'S INVESTORS SERVICE: Constderati:onwas gtven ,to the invoice
in the .amount of $3,500.0(Lsubmitted by Moody' s Investors Service
for reviewing services in relation. to the $4.7 million General
Obligation Bond Isslie.' ,'.lY"',' :':' , . ,
," J.' ,
Councilmember:Schwartzel'asked.if the c~arge was based on a
percentage of th~bond amount'oron services actually provided.
Director of Finance, Donna Sims, stated it was a set fee
determined by the rating agency's estimate of the cost of their
service. Councilmember Hi,gleyasked .if these costs.'should not be
included in the financial adyisor',s' fees. Donna Sims advised that
these charges are over and above the cost of the financial
advi'sors. Councilmember Schwartzel'recommended the 'financial
advisors be asked to explain how the bond rating agencies' fees
are computed>'. '(, '. ,.' ",( I :,
. '
Motion was made byCouncilmember Schwartzel, seconded by
. Councilmember, Bryan; that City Gounciltable'therequest for
approval to pay the invoice submitted by Moody's Investors Service
until such time as the city's financjal advisors are able to
clarify the computation of the"charges.
['
Voting Aye:
Voting No:
Absent:
MayorPre'Tem Higley, Councilmembers Bryan,
Schwartzel
None .. <
Mayor Parks, COl,lnCiTmember"/"Ciimmlngs ,'( resi gned)
,,-
HARRIS COUNTY APPRAISAL DISTRICT: Consideration was given to the
invoice in the amount of $6,626.00'~ubmitted by Harris County
Appraisal District for the fourth quarter 1986 ~ervices.
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Regular City Council Meeting;;'August. 25, 1986
Motion was made bY Counc'i Imember Schwcfrtzel, seconded by
Councilmember Bryan, that' ,the invoice ,in the amount'of $6,626.00
submitted 'by Harris County"At>p.raisii,l District be appro~.ed, for
payment.
Voting Aye:
Voting No:
Absent:
Mayor Pro Tem Higley, Councilmembers Bryan,
Schwartzel '
None '
~ayor Parks, Councilmember Cummings (resigned)
. ,
COUNCIL COMMENTS:Counci lriiemberBryan stated that.the .Ctty, recei ved
letters ,of commendatton,to the police department.praising Officer
Peterson. and Offi cer Unger.' . ,
Mayor Pro Tem Higley stated she received a letter of commendation
for the manner- in which'Curtis Cooper handled a .resurfacing
pr-oject -and his follow 'up work :with the residents.
, ,
STAFF REPORT: City Manager, Mr. Rockenbaugh, had nothing further
for Council's considefatiori at tht~ time.
CITY COUNCIL MEETING MINUTES: Minutes of the regular ,city counci 1
meeting;on August 11, 1986, wefe ~resented for consideration.
_J. -->~..o;.""",,"'~_Lb'r__ ~...,"".~I
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Councilmember Bryan offered the following: ,that under METRO BOARD
, NOMI NEES ~ del ete the sentence readi rig ','Thenomi nees 'previ ous ly 101
acknowledged by the Metro Appointment Board of Cities except
Houston were not in attendance.1I With rto further additions or
deletions offered, motion was made by Councilmember Bryan,
seconded by Councilmember'Schwartzel, ,that the minutes of the
regular city council .meeting'on August '11, 1986, be apprQved as
corrected. '
Voting Aye:
Voting No:
Absent:
Mayor Pro 'Tern Higley, CouncilmembersBryan,
Schwartzel
None
Mayor Parks, Councilmember Cummings (resigned)
. , .
ADJOURNMENT: With no further business to come before Gouncil.,at
this time, motion was made by Councilmember Schwartzel, seconded
by'Councilmember Bryan,'that.the meeting 'adjourn. Such motion
carried and the meeting ,aa~oOrned at 7:20 P.M.
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REGULAR CITY COUNCIL MEETING
SEPTEMBER 8, 1986
: 7 : 00 P. M.
City Council convened in regular session in the City Hall Council
Chamber, 3800 University Boulevard, in the City of West University
Place, on Monday, September 8, 1986, with the ,following members
present: Mayor Parks, presiding; Councilmembers Higley, Bryan, and
Schwartzel. Councilmember ~ummings- was! absent (resigned). Also
present were the City Manager, City Secretary, City Attorney, Director
of Administration, and Director of Operations. ,Mayor Parks delivered
the invocation and led the Allegiance to the Flag.
HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had
matters they wi shed to bri ng to the attenti on of the City Counci 1
which had not previously been submitted to the City Manager.
There were none present who wished to speak.
CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who
wished to address a specific agenda item to speak at this time.
[J
There were none present who wished to speak concerning an agenda
item.
ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City
Council suggestedremovi ngan item 'fr,bm the consent agenda.
CONSENT AGENDA: Motion was.made by Councilmember Bryan, seconded
by Councilmember Higley, that the consent agenda be approved in
ac:cordanc~ with staff recomm~ndation.
. ~ I, \
, I
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Councilme~ber Cummings (resigned)
9-1-1 AWARENESS WEEK: : Consideration was given to Reselut'lion,INumber
86-07 designating September 7 through September 13 as 9-1-1
Awareness Week. Mayor Parks presented and read the Resolution as
foll ows:
,
GREATER HARRIS COUNTY 9-1-1 EMERGENCY NETWORK
[
WHEREAS; ci'tizens in the Greater Harris County Area can
now use one easi ly-remembered number, 9-1-1, for all
emergencies---police, fire and medical; and
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Regular City Council Meeting, September 8,- 1986
WHEREAS; this 9-1-1 system in the Greater Harris County
Area is one of the finest, most technologically-
advanced in the natJon; and
WHEREAS; the 9-1-1 system provides a safeguard for
c,hildren in our community in times of emergency; and
WHEREAS; the enhancements of this 9-1-1 system display the
ca II er' s" address and telephone number, . he 1 p can be sent
even when the citizen cannot speak; and
WHEREAS; the computer~based system automatically directs a
9-1-1 call to the proper jurisdiction; and
WHEREAS; in the first six months of operation, it has been
demonstrated that 9-1~1 saves '1 ives and property; and
WHEREAS; it is desirable that all citizens in the Greater
Harris County 9-1-1- Network know when and how to use 9-1-
1 in times of emergency;
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of West University Place declare the week of
September 7-13, 1986, as:
119-1-1 AWARENESS WEEK IN THE CITY OF WEST UNIVERSITY PLACE"
IT IS HEREBY ORDERED that this resolution be spread upon
the Minutes of this City Council Meeting on this the 8th
day of September , A.D., 1986.
Laura C. Higley,
Mayor Pro Tem
Michael L. Parks,
Mayor"
C. Boone Schwartzel,
Councilmember
Beth Ann Bryan,
Councilmember
ATTEST:
Approved as to Form:
Audrey Nichols,
City Secretary
James L. Dougherty, Jr.,
City Attorney
(SEAL)
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Regular City Council Meeting; September 8, 1986
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Motion was made by Councilmember Higley, seconded by Councilmember
Bryan, that Resolution Number 86-07 be adopted as presented and
read.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Councilmember Cummings (resigned)
APPOINTMENTS TO PARKS AND RECREATION BOARD: Consideration was given
to Reso 1 ut i on Number 86-08" appoi nt i ngniembers to fi II ,the two
vacancies on the Parks and Recreation Board.
WHEREAS, it is the obligation of the City Council,
pursuant to provi s ions of the City Charter and ordi nances
heretofore adopted, to appoint members to various Boards;
and
WHEREAS, the Mayor and members of the City Council, by
Resolution Number 85-10, adopted on July 8, 1985,
appointed qualified citizens to serve on the Parks and
Recreation Board of the City of West University Place,
Texas; and "
~
WHEREAS, two members of the Parks and Recreation Board
have tendered their resignations as members of the Parks
and Recreation Board; and
WHEREAS, certain persons haye indicated a
will i ngnes S to serve as memb"ers of the
Recreation Board to fill tile vacancies created
resignations.
des i re and
Parks and
'.by'the ,two
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF WEST UNIVERSITY PLACE, TEXAS~
Section 1. That the following persons be appointed to
serve as members of the Parks and Recreation Board:
Lynn Sim0l1eaux
Robert E. Kelly, Jr.
Secti on 2. That the i persons hereby appoi nted to the
, Parks and Recreation' Board shall serye without
compensation.
[
Section 3. That the: persons hereby appointed to the
Parks and Recreation Board shaH,: serve until the next
regular City Election of the City Council and thereafter
until the appointment and qualification of, their
successors.
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Regular City Council Meeting, September 8, 1986
PASSED AND APPROVED THIS the 8th day of September,
1986.
Michael L. Parks, Mayor
ATTEST:
Audrey Nichols, City Secretary
(SEAL)
Approved as to Form:
James L. Dougherty, Jr.,
, Ci ty Attorney
Motion was made by Councilmember Bryan, seconded by Councilmember
Higley, that Resolution Number 86-08 be adopted as presented and
read. '
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Councilmember Cummings (resigned)
SIGN ORDINANCE: Consideration was given to the first reading of
Ordinance Number 1266. Mayor Parks read the caption as follows:
AN ORDINANCE RELATING TO SIGNS; AMENDING THE CODE OF
ORDINANCES; CONTAINING NEW PROVISIONS RELATING TO PORTABLE
SIGNS AND REAL ESTATE SIGNS; AND CONTAINING FINDINGS AND
OTHER PROVISIONS RELATING TO THE SUBJECT.
Copies of Ordinance Number 1266, in the form required for
adoption, were available to all members of City Council and a
reasonable number of additional copies available to interested
citizens present.
Motion was made by Councilmember Bryan, seconded by Councilmember
Higley, that Ordinance Number 1266 be accepted on first reading as
presented.
Mayor Parks invited discussion. Councilmember Schwartzel offered
the following amendments:
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Regular City Council Meeting, September 8, 1986
f~~
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Section 3-35. Generally. (b) (1) (ii) and (iii) and (c)
delete the word 1I0wnll and change the word 1I0versizell to
1I0versizedll and in (c) <,(iii) change the words IImay bell to
lIisll so that the subparagraphs will read as follows:
lI(b) (1) (ii)
(iH)
(c) ( i)
(i i)
(iii)
to use, possess or control a portable sign; or
to possess or,control any premises upon which
a portable sign is located. '
to erect Or place an oversized real estate
sign;
to use, possess, or control an oversized real
estate sign; or
to possess or control premises upon which an
oversized real estate sign is located.1I
and change subparagraph ( eJ of .,Se,cti on 3-35 to read IIPermi ts for
commercial advertising signs are valig until revoked. Permits for
portable signs are valid until revoked (adding: or until they
expire by their own terms), but in no event longer than 60
consecutive days.. No "permit s.ha llgrant any property right or
vested right, and an pe,rmits ,11emain, subject to revocation,
amendment or suspension at any time.1I
1.1
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Motion was made by Councilmember Higley, seconded by Councilmember
Bryan, that Ordinance Number 1266'be.accepted as amended on first
reading.
, Voting Aye:
Voting No:
Absent:
:Mayor Parks, Councilmembers Higley"Bryan,
Schwartzel
None
Councilmember Cummings (resigned)
PROCLAMATION'- CONSTITUTION WEEK: .Mayor Par~s read the'following
proclamation designating;Septembe~, 17,: through September 23 as
Constitution Week.
WH~REAS, September 17, 1986,.marks the one
hundred ninety-ninth ann~,versary of the drafting of: the
Constitution of the United States of America by the..
Constitutional Convention; and
WHEREAS, It is fitting and proper to accord
official recognition;to this'. memorable ,anniversary, and to
the patriotic exercises that will commemorate the occasion;
and I ,
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, ,
WHEREAS, Pub lie Law No.: 9:15 guarantees: the
i ssui ngof, a proc 1 amati on ea'ch year: by the Prestdent of the
United States of America designating September 17 through
September 23 as'Constitution Week., .
NOW, THEREFORE, I, Michael L. Pa,rks,:by y.irtue of
the authority vested in me as Mayor of the City of West
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Regular City Council Meeting; September, 8; 1986 '
University Place in the State of Texas, do hereby proclaim
the week of September 17 through 23 as .
-
Constitution 'Week
in the City of West University Place, and urge all our
citizens to pay special attention during .that week to our
Federal Constitution and the advantage of American
Citizenship. ' ,
In witness whereof I have hereunto set my hand and
caused the seal of this city to be affixed.
'Michael [. Parks', Mayor
Date 'September 8,1986
(SEAL)
Motion was made by Councilmember, Higley, seconded by Councilmember
Bryan, that City Council accept the proclamation as read.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None,
Councilmember Cummings (resigned)'
$4.7 GENERAL OBLIGATION BONDS: Consideration was giyen to the
invoices submitted for services in relation to the 1986 Bond Issue
as follows:
a) Peat, Marwick, Mitchell ~ Company invoice in the amount
of $750.00 for preparation of the condensed financial
statements which were used in the:preliminary'offering
document and official statement.
b) Charles P. Young Company in the amount of $2,718.42 for
the composition and printing of the'preliminary offering
document and the 'official statement.
Motion was made by Councilmember Bryan, seconded by Councilmember
Higley, that the invoices submitted for services in relation to
the 1986 Bond Issue be approved for payment as listed.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Councilmember Cummings (resigned)
PURCHASE OF OFFICE FURNITURE: In accordance with previous action of
City Council, bids received for various items of office furniture
were as follows:
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Regular City Council Meeting, September 8, 1986,
!5;t
Staff IS recommendati on for ,award of purchase was as follows.:
(50 stacking chairs) to Desks and Furnishings,
Inc., in the amount of $1,550.00.
(50 stacking chai rs w/arms) to Desks and'
Furnishings, Inc., in the amount of $1,750.00.
(secretarial ,desk) ~toCarrolls Discount Office
Furniture Co~, ,in the amount of $219.00.
Item 1
Item 2
Item 3
Item 4
Item 5
Item 6
Item 7
Item 8
0 Item 9
, Item lGi
Item 11
Item 12
Item 13
Item 14
(bookcase) at,this time no purchase is recommended.
(2 secretarial ,chairs) to CarrollsDiscount
Office Furniture Co. ,in the amount 'of $150.00.
(6 office chairs) to Carrolls Discount Office
Furniture Co., in the amount of $624.00.
, "
(coat rack) at this time no purchase is recommended.
(25 folding card tables) to Desks and Furnishings,
Inc., in the amount of $4,725.00.
, , .
(4 folding tables) to Desks and Furnishings, Inc.,
in the amount of $232.00.
(2 meta l: storage cabi nets): to 'Key Offi ~e Products,
in the amount of $222.00.
(executive chair) to Carrolls Discount Furniture
Co., ih the i~ount .of~$119.00.
, , .
(computer data center with printer) at this time no
purchase is recommended.
, "
. -~. ,.- '.' ... . .~'. . . ~ ,
, (lateral filing cabinet) to'Carrolls Di~count
Furniture Co., in the amount of $445.00.,
, .
- , , . - _.
(2 office chairs) to Carrolls Discount Furniture
Co., in the amount of $208.00.
Motion was made by Councilmember Bryan, seconded by Councilmember
Higley, that the' contracts';'for';'the purchase of office furniture be
awarded in accordance with staff recommendation.
u
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Councilmember Cummings (re~ign~d)
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Regular City Council Meetin~~ September:8, 1986'
LEGAL SERVICES: Consideration was 'giventci the invoice 'in the,
amount of $3,359.36 submitted for legal services provided on the
city's behalf for the month of August 1986.
~
Motion was made by Councilmember Bryan, seconded by Councilmember
Higley, the the inyoice in-the .amount-of $3,359.36, be approyed for
payment~'
Voting Aye:
Voting No:
'Absent:
Mayor 'Parks, Counc i 1 members Hi g ley, Bryan,
Schwartzel
None
Councilmember Cummings (resigned)
COUNCIL COMMENTS: Mayor Parks requested the proposed sign ordinance
be mailed to inte.rested parites to provi'de them an opportunity to
present their sU9gestions and recommendations relating to the
ordinance at the next council meeting~ Mayor Parks :also
recommended the ordinance be sent to the Villaqe Life for
newspaper publicity.
, ,
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STAFF REPORT: City Manager, Mr. Rockenbaugh, had nothing further
for Council's consideration at this time.
'CITY COUNCIL MEETING MINUTES: Minutes of the regular city council
meeting ~n August 25, 1986, were presented for consideration.
Motion was made by Councilmember Bryan, seconded by Councilmember
Schwartzel, that 'the minutes of the regular city council meeting
on August 25, 1986, 'be approved' as submitted.
o
Voting Aye:
Voting No:
Absent:
Mayor Parkss Councilmembers Higley, Bryan,
Schwartzel
None
Councilmerilber 'Cummings (resigned)
ADJOURNMENT: With no further business to come before Council at
this time, motion was made by-Councilmember Schwartzel, seconded
by Councilmember Bryan, that the meeting adjourn. Such motion
carried and the meeting adjourned at 7:47 P.M.
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REGULAR CITY COUNCIL MEETING
SEPTEMBER 22, 1986
, 7 : 00 P. M .
City Council convened in regular session in the city Hall Council
Chamber, 3800 University Boulevard, in the City of West University
Place, on Monday, September 22, 1986, with the following members
present: Mayor Pro Tem Higley, presiding; Councilmembers Bryan and
Schwartzel. Mayor Parks was absent. Councilmember Cummings was absent
(resigned). Also present were the City Manager, City Secretary, City
Attorney, Director of Administration, Director of Operations and Chief
of Police. Councilmember Schwartzel delivered the invocation and led
the Allegiance to the Flag.
PUBLIC HEARING ON THE 1987 BUDGET: Mayor Pro Tem Higley announced
that a Publ ic Hearing was now convened to consider comments from
resi dents concerni ng the Revenue Shari ng Proposed Use Hearing and
the Proposed Budget for the City of West University Place for the
,fiscal year beginning the 'lst day of January 1987, and ending the
31st day of December, 1987. 'Residents who wished to speak
concerning the 1987 Budget and the Proposed Use of Revenue Funds
were encouraged to do so at this time. Copies of the 1987 Budget,
in the form required for adoption, were available to all members
of City Council and a reasonable number of additional copies
available to interested citizens present. :
Alan Gerga, 3615 CorondoCourt, was recognized and addressed City
Counci 1 concerning repavi.ng of Corondo Court. In 1985, resi dents
on Corondo Court filed a petition with the City requesting
ass i stance in provi di ng curbs, gutters and repavi ng of Corondo
Court. Mr. Gerga stated that he had personally appeared before
previous Councils concerning repaving' and was. advised that the
street does not have a base sufficient to support new paYing. Mr.
Gerga further stated. that he was 'before Counci ltoni ght on behalf
of a number of residents on Corondo Court to request Council's
consideration to repave CorondoCourt.
City Manager, Mr. Rockenbaugh, advised City Council that with the
1985 petiti6n; Mr. Gerg~ ~ad tried to get 80% of the residents to
agree to an 1 as,sessmen'l; program to repave the street. Ei ghty
perce~t~apJilf~l 'of\\~~e... re..~idents was required by the preYious
Councl f. W~n the petl t),()n ,was ~ presented, there were, some people
who werer~luct~rl:t to sign., The City has always petitioned for
street paving projects. The City :has not: ,budgeted money for
street repair. Also, there is a legal issue. There is a question
as to whether the Ci ty 'i s. .: abl e to do' the work as it was then
proposed. ' ' ',', ; , '
Arlo Van Denover, 3614 CQrondo Court_ addressedcCouncil stating he
had been involved in the previous petition. At that time, the
residents thought the City would provide them with a 5 year loan
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Regular City Council Meeting, September 22, 1986
and the petiti on was fi 1 ed on that bas is. Actually, the Ci ty ,!:,r-->J
expected these residents to pay cash. At that point, there were
some people who did not want to pay cash.
Mr. Rockenbaugh stated that legally the City had a problem with
spending general fund money on private property. There is another
issue which Mr. Rockenbaugh requested City Engineer, Dieter Ufer,
to address.
Mr. Ufer responded that the City looked at paving Corondo Court at
the time the petition was filed. " Corondo Court has only 25 feet
of right of way. Every other street has a minimum of 50 feet.
One of the things discussed was that in addition to an assessment
program, contractors woul d need constructi on temporary easement
for worki ng room. The Ci ty will need to address the 1 ack of ri ght
of way and the need for construction easements. IN 1985, the cost
estimate for the project was $30,000.
Mayor Pro Tem Higley recommended staff gather the background
information and schedule the question for the workshop session on
September 29, 1986. City Staff was requested to prepare a list of
information for presentation of the paving project to the people
on Corondo Court. Mayor Parks came in at this point: 7:25 P.M.
Mayor Parks, presiding, invited other comments concerning the
Revenue Sharing Proposed Use Hearing and the proposed 1987 · i;=
Budget. With no further comments from th~ audi ence, Mayor Parks
declared the Budget Hearing closed.
Immediately following the Budget Hearing, Mayor Parks convened the
regular session of City Council.
HEARING OF RESIDENTS: Mayor Parks inYite~ residents to speak who had
matters they wished to bring to the: attention of the City Council
which had not preYiously been submitted to the City Manager.
There were none present who wished to speak.
i
CITIZENS RESPONSE TO AGENDA ITEMS: ,Mayor: Parks invited residents who
wished to address a specific agenda item to speak at this time.
,
There were none present who wished It~ speak concerning an agenda
item.
ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: Councilmember Schwartzel
requested Agenda Item No. 11, $4.71 GENERAL OBLIGATION BONDS. be
removed from the consent agenda.
CONSENT AGENDA: Motion was made by Councilmember Schwartzel,
seconded by Councilmember Bryan, th~t with the exception of Agenda UI
Item No. 11, the consent agenda be approved in accordance with
staff recommendation.
AG5
Regular City Council Meeting, September 22t 1986
n
Voting Aye:
Voting No:
Absent:
Mayor Parks" Councilmembe,rs ,Higley, Bryan,
Schwartzel
None
Council member _Cummings (resi gned)
CONSTRUCTION OF CLEANING ,OF 3611 SANITARY' SEWER OUTFALL LINE ON
BROMPTON: In acco'rdance with previous actio'n of City Council, bids
received for the Construction of Cleaning of the 3611 Sanitary
Sewer Outfall Line on Brompton Road were presented as follows:
Bidder
Nayor Industries
Pasadena, Texas
Amount Bid
$119,892.80
Channel Construction
Channelyiew, Texas
$148,668~00
Bay town Construction
Beaumont, Texas
$148,691. 60
John G. Hollarid Construotion
Pasadena~ Texas
$306,206.00
0'
Jalco Inc.
Houston, Texas
$529,641.00
Motion was made by Councilmember Schwartzel; seconded by Councilmember
Bryan, that City Council accept staff's recommendati on and award the
contract for the Construction of Cleaning of the 3611 Sanitary Sewer
Outfall Line on Brompton Road to the lowest bidder, Naylor Industries,
at their bid price of $119~892~80~
Voting Aye: Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
Voting No: None
Absent: ,Councilmember' Cummings (resigned)
SANITARY SEWER PHASE 2 PRIORITY AREA NO.1 AND SANITARY SEWER PRIORITY
AREA NO.2: Consideration was given to the request for authorization
for engineering -and survey;services for Sanitary Sewer Phase 2
Priority Area No. 1 (West University Place First and Kent Place
Subdivisions) and Sanitary Sewer Priority Area No. 2 (College
Court Subdivision).
u
Motion was made by Councilmember Bryan, seconded by Councilmember
Higley, that Langford Engineering Inc., be authorized to perform
engineering and survey services for the sanitary sewer projects
listed, with the understandifilg that the estimated cost of such
services will be $165,000 or 3.5 percent of the bond funds.
Voting Aye: Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
Voting No: None
,Absent: " ,," CouncilmemberCummiings ~(res; gned)
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~'~56
Regular City Council Meeting;, S'eptember 22,1986,
AWORDINANCE',RELATING<TO "'SIGNS; ,AMENDING THE CODE OF
ORDINANCES; CONTAINING NEW PROVISIONS RELATING TO PORTABLE
SIGNS_ :AND~ REAL, ESTATL SIGNS; AND CONTAINING FINDINGS AND
OTHER PROVISIONS RELATING'TO THE SUBJECT.
,(
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SIGN ORDINANCE: 'Considerationcwas given to the second reading of
Ordinance Number 1266. Mayor Parks read the caption as follows:
The City Attorney submitted proposed amendments to the ordinance
suggested by City Council at workshop session as follows:
AMEND Paragraph (3) of subsection (d) of Section 3-35 to read
as follows:
(3) The building official shall only issue permits for
those portable signs which:
(i) appear to be in complete compliance with all
ordinances of the City;
(iii) will not be mounted upon wheels or other mobile
structure; and
;-1
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(iv) are to be used'solely in connection with athletic
events, festivals"and similar events conducted by a
governmental or non-profit organization;
Provided that no more than two permits for portable signs may
be issued for any given premises during- any period of 365
consecutive days and provided further that a sinqle permit
may include no more than one wood siqn. one fabric siqn and.
for that time period ~ot exceeding 72-consecutive hours when
the event or festival -is actually being held, miscellaneous
wood or fabric signs within a defined area upon the premises
where the event or festival is held.
AMEND the first sentence of subsection (e) of Section 3-35 to
read as follows:
(e) Permits for commercial advertising signs are valid
for the same time period: as bUildin) permits qenerally or
until revoked. (CONTINUES UNCHANGED
AMEND Section 3-35 by adding a new subsection (g) to read as
follows: '
(g) Whenever a person has made application for water,
sewer~ qas~ electric or qarbaqe service to any qiven
J
<lG57
Regular City Council Meeting; September 22 ,1986
R
'--"
premises. as indicated br the customer billinq records of the
City or other publicutiity~andif there is no record of
such seryice beinq thereafter transferred to another person.
it s ha 11 be a rebuttable presumption tha t:theperson who made
the application controls bothtnepremisesandany siqns
1 oca ted on the premises. i,' :
AMEND Subsection (b) of Section 6 to read in its entirety as
f 0 II ows :
(b) The new regulations applicable to portable siqns
and overs i zed real estate?s'i qns di n tliis ordinance do not
apply to any such sign existing on the ,effective date of this
ordinance unt~he 91st day following effective date of this
ordinance, but only for so long as the sign is not moved or
a 1 tered~
AMEND Section 6by adding anew Subsection (c) to read as
follows:
o
City Council, read the ordinance with the amendments as proposed.
Motion was made by CouncilmembercHigley,secondedby Councilmember
Bryan, that Ordinance Number 1266beaccepted,as,amended on second
but not final reading.
Voting Aye:
Voting No:
Absent: '
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Councilmember Cummings (resigned)'"
AUTHORIZATION OF UPDATED SERVICE CREDTTSAND INCREASE, IN RETIREMENT
ANNUITIES: Mayor Parks presented and read the caption of Ordinance
Number 1266 as follows:
l
AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE
TEXAS MUNICIPAL RETIREMENJ~ SYSTEM, !'UPDATED SERVICE CREDITSII IN
SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH
SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF WEST
UNIVERSITY PLACE, PROVIDING FOR INCREASEDPRI0.R AND,'CURRENT
SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED
RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH
ACTIONS.::~ -
, -
The following 'was submittedbY1 DonnaL Sims, Director' of Finance
& Administration:
. . . ..~ l! J
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Regular City Council Meeting, "September,'22, 1986
II I her.eby ,certi ty that the money requi red for enteri ng
agT~eirient:~ whh,t,he- Texas Municipal Retirement System is
avaUablelto.the:credi't'of,:the, Genera,l,and Water/Sewer Funds,
Reti-rementaccQunt Hf80, and is not appropr; ated for any
"other,'purpose. 'Ttii.s:;~certified sum is 'hereafter deemed
appropriated' to the (lis'charge' of such agreements entered into
with the Texas Municipal Retirement System ana for the
fundi ng on the retirement contri.but ions on beha 1 f of City
employees. II
Motion was made .by Counci.lmember Higley, seconded by Councilmember
Bryan, that Ordfnan'ce Number 1267 be accepted as presented on
fi rst reading . "j.,' ' ,
. ,I i
Voting 'Aye:, ," :Mayor Parks; C.ouhcilmembers Higley, Bryan,
Schwartzel
Voting No: None
,Absent: ,Councilmember Cummings (resigned)
1987 BUDGET FOR THE CITY: Mayor Parks presented and read the caption
of Ordinanoe 'Number, 1268 as' follows:
AN ORDINANCE OF tHE CITY OF WEST UNIVERSITY PLACE, TEXAS,
,PROVIDING FUNDS FOR', THE :EISCAL YEAR BEGINNING JANUARY 1, 1987" AND
ENDINGDECE,M.BER:3L 198t,:"BLAPPROVING,THE BUDGET FOR SAID PERIOD
AND APPROPRIATING THENECE$'SARY FUNDS OUT OF THE GENERAL FUND AND
OTHER-REVENUES OF THE CITY OF WEST UNIVERSITY, PLACE FOR SAID YEAR
FOR THE MAINTENANCE AND OPERATION OF THE VARIOUS DEPARTMENTS AND
FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY.
Copies of Ordinance Number 1268~ in the form required for
adoptien, were available to all members"of City Ceuncil and a
reasonable number of additional copies available to interested
citizens present.
Motion was made by Councilmember Higley, seconded by Councilmember
Bryan, that Ordinance Number 1268 be accepted on first reading as
presented.
, , Voting Aye:
Mayor ,Par.ks, Coulicilmembers Higley, Bryan,
Schwartzel" -
None
Councilmember Cummings (resigned)
Voting No:
Absent:
SOLID WASTE MANAGEMENT STUDY: : ConSideration was given to
authorizing engineering services in connection with the
investigation and evaluation of futore solid waste disposal
alternatives.
Motion'was made by Councilmember Schwartzel, seconded by
Councilmember Bryan, that City Council authorize the Mayor to
enter into a contract with HDR Techserv, Inc. (HDR) for
engineerin~ services in'connection'with the investigation and
,.--...
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Regular City Council Meeting, September 22, 1986
gtJ9
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evaluation of future ,solid waste ,transfera,ndlor disposal
alternatives, cost of such services not to exceed $30,000.00.
Voting Aye:
Voting No:
Absent:
,Mayor Parks, Council members Higley, Bryan,
Schwartzel
None
Counci,lmember Cummings (resigned)
$4.7 GENERAL OBLIGATION BONDS: Consideration was given to the
following invoices submitted for services in relation to the 1986
Bond Issue:
a) Fulbright & Jaworski in the amount of $7,381.90 for Bond
Counsel Services.
b) Standard & Poor1s Corporation in the amount of $4,800.00 for
rating agency service.,;
c) Moody's Investors Service in the amount of $3,500.00 for
rating agency service. '
. ,
d) Bowne of Houston, Inc., in the amount of $3,801.00 for
printing of the Official Statements.,
Q
Councilmember Schwartzelrecommended that payment of the Fulbright
& Jaworski invoice be deferred until the scope of work is defined
or itemized.
{, - ,of
Motion was made by Councilmember Higley, seconded by Councilmember
Schwartzel that theinvoi:ces'to Standard & Poor',s Corporation in
the amount of $4,800.00, Moody's Investors Service in the amount
of $3,500.00, and Bowne of Houston, Inc., in the amount of
$3,801.00 be approved for payment; approval of the invoi ce
submitted':by Ful bri ght &', Jaworski be:'deferred~'
( ,
, "
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzelr ' '
None
Councilmember Cummings (resigned)
Voting Aye:
: Voting No:
Absent:
INTERESTPAYMIlNT;~ 1976 BONDS: Consideration was given to the
invoice in the amount of $17,450.00 submitted by First City
National Bank of Houston for interest due on the 1976 Bond Issue.
','
Motion was made by Councilmember Schwartzel, seconded by
Council member, Bryan,:'that the invoice in the amount of, ,$17,450.00
submitted~byFirst City National Bank of Houston be approved for
payment.
n
ENGINEERING SERVICES 'FOR VARIOUS: UTILITY RELATED PROJECTS:
Consideration was given to the'following invoices submitted by
Langford Engineering Inc., for engineering services on various
utility related projects:
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Regular City Council Meeting, Septeml5er,22, 1986-
a)', Invoice in the amount of $2,324.06 for "Priority Ar.ea No.
2,Water.;
b) "Invoice intheamountof'$82.33 for Sanitary Sewer
Renovation Master Plan;' , '
11
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c) Invoice in the amount 'of :$462.93 for'Pr.iority Area No.1
Water.
Motion was made by-Councilmember Schwa'rtzel, seconded by
Councilmember Bryan, that the invoices submitted by Langford
Engineering Inc., be approved for payment as listed.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None' - "
Councilmember Cummings (resigned)
1986 WATER AUDIT: Consideration was given to the invoice in the
amount of $5,600.00 submitted by Pitometer Associates for their
services in conjunction with the 1986 Water Audit.
Motion was made by Councilmell1ber Scl:1wartzel ~ seconded by
Councilmember Bryan, that the invoice in the amount of $5,600.00
submitted by PitometerAssociates'be'approved for payment.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Councilmember Cammings (resigned)
o
PURCHASE OF CIRCUL-AIR HOSE ' DRYER: Consideration was given to the
invoice in the amount of $6:150.00 submitted by Koetter Fire
Protection Service Co., for delivery of the Circul~Air Hose Dryer
to the Fire Department.
COUNCIL COMMENTS: Councilmember'Bryanacknowledged the City received
another letter of commendation for the Police Department,
specifically naming Officer Self'and Officer Rees.
Mayor Parks inquired if Metro,had agreed to extend, the City's time
period for acceptance of funds for work on University Boulevard.
City Manager, Mr. Rockenbaugh, advised that he had talked to Metro
and they understood that every municipality needs to make changes
and alterations. The money was allocated for 1987 for Metro.
Metro indicated they would work with the City, but they would like
to see a beginning of the project in the next 2 or 3 years.
Mayor Parks recommended city staff aim for working an agreement
with Metro ~o begin the project in 2 years with completion
scheduled in the third yeai.' ,
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081
Regular City Council Meeting, ,September 22, 1986
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Mayor Parks presented and read the following letter from The
, Athletics Congress of the USA: '
II It is a great pl easure to inform you that
the City of 'West University Place (together
with the City of Houston) has been
designated as a co-host of the 1987 United
States of America Men's Marathon
Championship to be. conducted as part of the
Houston-Tenneco Marathon.
Your City's support assures The Athletic
Congress/USA that this will be a most
successful United States of America Marathon
Championship. the 1987 USA Men's Marathon
Championship is also the 1987 Pan American
Games Men's Marathon Team selection race.
West University Place is well-suited to co-
host this important event.
o
You may expect in the coming days to receive
a formal Certificate of Appreciation from
The Athletic Congress/USA.
Signed: LeRoy Walker
President
Mayor Parks recommended that Russ Schulze , Chairman of the Parks
Board, and Jack Browder, Chairman of the Marathon Hoopla
Committee, be invited to the next workshop to coordinate plans for
the 1987 Marathon.
STAFF REPORT: Mr. Rockenbaugh advised City Council that there was
a workshop session scheduled after the Special Council Meeting on
September 29, 1986.
Jim Dougherty, City Attorney, reported on the status of the zoning
changes under study by the Zoning and Planning Commission.
CITY COUNCIL MEETING MINUTES: Minutes of the regular city council
meeting on September 8, 1986, were presented,for consideration.
Motion was made by Councilmember Bryan, seconded by Councilmember
Schwartzel, that the minutes of the regular city council meeting
on September 8, 1986, be approved as submitted.
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Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Councilmember Cummings (resigned)
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Regular City Counci 1 Meeti ng, 'Septemb'er22, 1986 '"
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ADJOURNMENT: With no further busiri'e'ss. 'to come before "Counc'iilat
this time, motion was made by Councilmember Schwartzel, seconded
by Councilmember Higley, that the meeting adjourn., :'Such motion
carried and the meeting 'adjdurned at ;8:03 P.M.
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Laura C. Higley
Mayor'Pro Tem
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SPECIAL CITY _COUNCIL MEETING
SEPTEMBERd29, ,1986
,7:00 P.M.
City Council convened in special session in the City Hall Council
Chamber, 3800 University Boulevard, in the City of West Uniyersity
Place, on Monday, September, 29, 1986 ,with the following members
present: Mayor Parks, presiding; Councilmembers Higley, Bryan, and
Schwartzel. Councilmember Cummings ,was absent (resigned). Also
present were the Director of Administration, City Secretary, City
Attorney and Director of Operations. Councilrnember Bryan deliyered
the invocation and led the Allegiance to the Flag.
PUBLIC HEARING ON THE 1987 BUDGET: Consideration was given to
comments from residents concerning the proposed Budget for the
City of West University Place for, the fiscal year beginning the
1st day of January, 1987, and ending the 31st day of December,
1987.
Mayor Parks invited residents who wished to speak concerning the
1987 Budget to do so at this time.
o
There were none present who wished to speak concerning the Budget.
Mayor Parks declared the Budget Hearing closed and immediately
convened the Special Session of City Council.
1987 BUDGET FOR THE CITY: Mayor Parks presented Ordinance Number
1268 and read the caption as follows:
AN ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS,
PROVIDING FUNDS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1987, AND-
ENDING DECEMBER 31, 1987, BY APPROVING THE BUDGET FOR SAID PERIOD
AND APPROPRIATING THE NECESSARY FUNDS OUT OF THE GENERAL FUND AND -
OTHER REVENUES OF THE CITY OF WEST UNIVERSITY PLACE FOR SAID YEARd~
FOR THE MAINTENANCE AND OPERATION OF THE VARIOUS DEPARTMENTS AND
FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY.
Copies of Ordinance Number 1268, in the form required for
adoption, including a Budget Summary, were available to all
members of City Council and a reasonable number of additional
copies available to interested citizens present.
Moti on was made by Council member Bryan, seconded by Counci lmember
Higley, that Ordinance Number 1268 be adopted on the second and
final reading as presented.
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Voting Aye:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Councilmember Cummings (resigned)
Voting No:
Absent:
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Special City Council Meeting, September 29, 1986
CITY HALL ASBESTOS REMOVAL 'AND. MISCELLANEOUS WORK: Consi derati on "'U
was given to matters' relating to the contract for City Hall
Asbestos Removal and Miscellaneous Work. The City Attorney
advised that at this time there was nothing to report concerning
the contract.
Mr. Ron McKee, Certified Industrial Hygienist for the Asbestos
Remova 1 porti on of the contract, addressed Counci 1 with a request
for their consideration concerning his services.
Mayor Parks advised Mr. McKee that at the present time, the matter
was referred to staff and the Legal Department. Mayor Parks
thanked Mr. McKee for his comments.
ADJOURNMENT: With no further business,to come before Council at
this time, motion was made by Councilmember Schwartzel, seconded
by Councilmember Higley, that the meeting adjourn. Such motion
carried and the meeting adjourned at 7:12 P.M.
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REGULAR CITY COUNCIL MEETING
OCTOBER 13, 1986
7:00 P.M.
[]
City Council convened in regular session in the City Hall Council
Chamber, 3800 University Boulevard, in the City of West University
Place, on Monday, October 13, 1986, with the following members present:
Mayor Pro Tem Higley, presiding; Councilmembers Bryan, and Schwartzel.
Mayor Parks was absent. Councilmember Cummings was absent (resigned).
Also present were the City Manager, ,City Secretary, City Attorney,
Director of Administration, Superintendent of Public Works, and the
Chief of Police. Mayor Pro Tem Higley deliyered the invocation and
led the Allegiance to the Flag.
HEARING OF RESIDENTS: Mayor Pro Tern Higley invited residents to
speak who had matters they wished to bring to the attention of the
City Council which had not,previously been'submitted to the City
Manager. \, I.
-There ~re'~ph~ pr~~entJwh~ wished to speak.
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CITIZENS RESPONSE'fR,AGENDA ITEMS:'Ma~or Pro Tem Higley invited
residents who wiShed to address a specific agenda item to speak at
this time.
Mr. Randy Hardy, 3717 Nottingham, was recognized and addressed
City Council concerning Ordinance Number 1266, the Sign
Ordinance. Mr. Hardy stated he'felt there was a need for more
restrictions pertaining to 1I0pen Housell signs. Mr. Hardy thought
that one 1I0pen Housell sign per intersection would be preferable to
what was common practice in the city. At times, there are so many
of these s.igns in an. intersection: they become distracting and some
signs are so large they interfere with traffic vision. '
" , '. . ),
Mr. Rockenbaugh~ City Manager.,' adv'lsed that' the: :'city presently has
restrictions:on:'the placement 015 'signs. They are not supposed to
be placed in the right of way but should be placed on the property
for sale.
, ,
Mayor Pro Tem Higley'stated that it appeared to be an enforcement
problem and city staff ;wou.ld be'more alert to enforcing the
.,' 'appropriate restrictions~':' Mayor: Pro Tem' :Higley,thanked Mr. Hardy
for hi s : comments. ' ' 'I .
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ITEMS TO BE ,REMOVED FRQM THE CONSENT.AGENDA: Councilmember Bryan
requested Agenda Item No. 9, $4.7 GENERAL OBLIGATION BONDS, and
Agenda Item No. 12, LEGAL SERVICES, be removed trom tne consent
.agenda'.
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Regular City Council Meeting, October 13, 1986
CONSENT AGENDA: Motion was made by Councilmember Schwartzel,
seconded by touncilmember Bryan, that with ,the exception of Agenda
Items 9 and 12, the consent agenda be approyed in accordance with
staff recommendation.' ,
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Mayor Pro Tem Higley, Councilmembers Bryan,
Schwartzel
None
Mayor Parks
Councilmember Cummings (resigned)
SIGN ORDINANCE: Consideration was g,iven to the third and final
reading of Ordinance Number 1266. Mayor Pro Tem Higley presented
the ordinance and read the caption as follows:
Voting Aye:
Voting No:
Absent:
AN ORDINANCE RELATING TO SIGNS; AMENDING THE CODE OF ORDINANCES;
CONTAINING NEW PROVISIONS RELATING TO PORTABLE SIGNS AND REAL
ESTATE SIGNS; AND ,CONTAINING FINDINGS AND OTHER PROVISIONS
RELATING TO THE SUBJECT.
Copies of Ordinance Number 1266, in the form required for
adoption, were available to all members of City Council and a
reasonable number of additional copies available to interested
citizens present.
Moti on was made by Counci lmember Bryan, seconded by Counci lmember
Schwartzel, that Ordinance Number 1266 be adopted as presented.
o
Voting Aye:
Mayor Pro Tem Higley, CouncilmembersBryan,
Schwartzel
None
Mayor Parks
Councilmember Cummings (resigned)
Voting No:
Absent:
AUTHORIZATION OF UPDATED SERVICE CREDITS AND INCREASE IN RETIREMENT
ANNUITIES: Consideration was given to the second reading of Ordinance
Number 1267. Mayor Pro Tem Higley presented the ordinance and
read the caption as follows:
AN ORDINANCE AUTHORIZING AND ALLLOWING, UNDER THE ACT GOVERNING
THE TEXAS MUNICIPAL RETIREMENT SYSTEM; "UPDATED SERVICE CREDITS II
IN SAID SYSTEM FOR SERVICE-PERFORMED BY QUALIFYING MEMBERS OF SUCH
SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF WEST
UNIVERSITY PLACE, PROVIDING FOR INCREASED, PRIOR AND CURRENT
SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED
RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH
ACTIONS.
Copies of Ordinance Number 1267, in the form required for ~
adoption, were available to all members of City Council and a 1
reasonable number of additional copies available to interested
citizens present.
Regular City Council Meeting, October 13, 1986
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Moti on was made by Counci lmember Bryan, seconded by Counci lmember
Schwartzel, that Ordinance Number 1267 be adopted as presented.
Voting Aye:
Voting No":
Absent:
Mayor Pro Tem Higley, Councilmembers Bryan,
Schwartzel
None'
Mayor Parks
Councilmember Cummings (resignerl)
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SUBMISSION OF THE 1986 APPRAISAL ROLL: Consideration was given to
the 1986 Certi fi ed Appra i sa 1 Roll. A summary was presented as
follows: '
$895,649,120
(20,303,290) -
16.851. 730
$912,500,850' ~
,61,437,610) -
-851.063 .240
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$ 2,035,150 -
$ 15,344,130 -
*Not included above
1986 total appraised value of all property
Values under,protest* ' '
Estimated value to be certified later (17%)
, Adjusted 1986 total appraised,value of all
property I
, Less e~e1Tipti(!)ns: c"aimed
1986: taxable'value of all propeYi'ty
. l' ~
Supplemental Information
1985 taxa1ble:yalue becoming exempt in 1986
1986 taxable value of improvements added since
January 1 ,'1985 ~
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Mot i on was made', by" Counci 1 member: Schwa rtze 1 " ,'seconded by
Councilmember Bryan, that' the: 1986 Certified Appraisal Roll be
accepted as presented. ' '
Voting Aye:
Voting No:
Absent:
Mayor Pro TemHtgley,'Councilmembers Bryan,
Schwartzel ' It,,
None i',
Mayor Parks
Councilmember,Cummings (resigned)
SUBMISSION OF ,THE 1986':EFFEG:rIVEiTAXRATE: ,Consideration was, given
to'the 'Ca 1 culated Effec'ti ye Tax Rate' fo,r -1986.: as fan ows:
$0.267
, Q,.057
cJm324 ' , J'
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Maintenance and Operations
, 'OebtJ'Service ~" : x
Total Effective 1 Tax Rate ',,'
Motion was made by :Counc.ilmember Schwartzel, seconded by
Councilmember Bryan, that" City. Council accept the Calculated
Effective Tax Rate for 1986 as presented.
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Regular City Council Meeting, October 13, 1986
Mayor Pro, Tern Higley, Councilmembers Bryan,
Schwartzel
None ' , ..'
Mayor Parks., ,)
Councilmember Cummings iresigned)
$4.7 GENERAL 'OBLIGATION BONDS:, :ConsTdera,tion was given to the
invoices submitted for services in relation to the 1986 Bond Issue:
Voting Aye:
Voting No:
Absent:
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a) Fulbright & Jaworskiin'ttie'amount-of' $7,381.90 for' Bond
Counsel Services. '
b) Masterson & Company' in the amount of' $20; 131. 67 for
Financial Advisory Servi'ces; .' ' ,
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After discussion, motion 'was made by Councilmember 'Brya'n, seconded
by Councilmember Schwartzel, that City Council authorize the
payment of the original agreed upon amount of '$5,475.00 to
Fulbright & Jaworski and invite the firm1s representative to a
workshop session to discuss the additional charges.
Mayor Pro Tern Higley, Councilmembers Bryan,
Schwartzel
None
Mayor 'Parks .,', '
Councilmember Cummings (resigned)
Motion was made by Councilmember Bryan, seconded by Councilmember
Schwartzel, that the invoice in the amount of $20,131.67 submitted
by Master & Company be approved: subject to clarification of the
air fare charges as listed.
Voting Aye:
Voting No:
Absent:
Voting Aye: Mayor Pro Tern Higley, Councilmembers Bryan,
Schwartzel
Voting No: None
Absent: Mayor Parks
Councilmember Cummings (resigned)
SURVEY SERVICES FOR UTILITY PROJECT~' Consideration was' given: to the
invoice in the amount of $5"5'4":"00 submitted by 'Topeo Co.:~ Inc., for
. survey servi ces for Pri ority Area No. 1 Water.
Mot i on was made bj Counc n member Schwa rtze 1 , seconded by
Councilmember Bryan, that the invoice iri the amount of $504.00
submitted by Topco Co., Inc., be approved- for payment.
Voting Aye:
Voting No:
Absent:
Mayor :Pro Tern Higley, Councilmembers Bryan,
Schwartzel
None
Mayor Parks
Councilmember Cummings (resigned)
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Regular City Council Meeting, October 13, 1986
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PURCHASE OF BREATHING AIR COMPRESSOR SYSTEM: Consideration was
given to the invoice in the amount of $6,190.00 submitted by Stark
Manufacturing, Inc., for delivery of the Breathing Air Compressor
System to the Fire Department.
Motion was made by Councilmember Schwartzel, seconded by
Councilmemper Bryan, that the invoice in the amount of $6,190.00
submitted by Stark Manufacturing, Inc., be approved for payment.
Mayor Pro Tern Higley, Councilmembers Bryan,
Schwartzel
None
Mayor Parks
Councilmember Cummings (resigned)
LEGAL SERVICES: Consideration was given to the invoice submitted by
James L. Dougherty, Jr., City Attorney, for legal services
provi ded on the Ci ty IS behalf for the month of September, 1986.
The amount of the i nvoi ce posted on the agenda was $5,236.15.
However, the City Attorney's offi ce 1 ater submitted a corrected
invoice in the amount of $4,861.15.
Voting Aye:
Voting No:
Absent:
0'
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Motion was made by Councilmember Bryan, seconded by Councilmember
Schwartzel, that the invoice in the amount of $4,861.15 submitted
James L. Dougherty, Jr., be approved for payment.
Voting Aye: Mayor Pro Tern Higley, Counci lmembers Bryan,
Schwartzel
Voting No: None
Absent: Mayor Parks
Councilmember Cummings (resigned)
COUNCIL COMMENTS: No member of Council offered further comments
at this time.
STAFF REPORT: City Manager, Mr. Rockenbaugh, had nothing further
for Council's consideration at this time.
CITY COUNCIL MEETING MINUTES: Minutes of the regular city co~ncil ~.. ..
meeting on September 22, 1986, and the special city council
meeting on September 29, 1986, were presented for consideration.
Mot i on was made by Counc i 1 member Schwa rtze 1 , seconded by
Counci 1 member Bryan, that the mi nutesof the regular city council
meeting on September 22, 1986, and the minutes of the special city
council meeting on September 29, 1986, be approved as submitted.
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Voting Aye:
Voting No:
Absent:
L._.
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Mayor Pro Tern Higley, Councilmembers Bryan,
Schwa rtze 1
None
Mayor Parks
Councilmember Cummings (resigned)
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Regular City Council Meeting, October 13, 1986
CONTRACT FOR CITY HALL ASBESTOS REMOVAL AND MISCELLANEOUS WORK: City
Attorney, Jim Dougherty, advi sed Counci 1 that the contractor was
having difficulties bringing together the insurance policies~ Mr.
Dougherty suggested Counci 1 consi der asking the arcFiitect to make
a determination of what should be paid to the contractor; what the
cost of insurance would have been if the city had the insurance
available; and what extra architectural fees, if any, would be
charged to the city for this service. City Council concurred with
Mr. Dougherty' ssuggestion and referred the matter to the next
workshop session.
EXECUTIVE SESSION: By general consent, City Council did not convene
in Executive Session and remained in open session.
ADJOURNMENT: With no further business to come before Council at
this time, motion was made by Councilmember Schwartzel, seconded
by Councilmember Bryan, that the meeting adjourn. Such motion
carried and the meeting adjourned at 8:08 P.M.
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REGULAR CITY COUNCIL MEETING
OCTOBER 27, 1986
7:00 P.M.
City Council convened in regular session in the City Hall Council
Chamber, 3800 University Boulevard, in the City of West University
Place; on Monday, October 27, 1986~' with the following 'members present:
Mayor Parks, presiding; Councilmembers Higley, Bryan, and Schwartzel.
Councilmember Cummings was absent (resigned). Also present were the
City Manager , City Secretary,City Attorney, Director of Operations,
and Chief of, Police. Mayor Parks delivered the invocation and led the
Allegiance to the Flag. ' "
HEARING OF RESIDENTS: Mayor Parks invited residents to, speak who had
matters they wi shed> to bring to the attenti on of the City Counci 1
which had not previously been submitted to the City Manager.
Mr. John Stone, 2812 Lafayette, addressed Counci 1 and requested
their consideration to' enacting an ordinance regulating
recreational vehicles. His next door neighbor has a Winnebago
recreational vehicle that is parked out in front of his house.
Several neighbors have asked that the vehicle be moved. With the
vehicle parked in front,' there is no visual access to the street.
Mr. Stone stated he felt having the vehicle parked in front was
deteriorating the qualitybf'life of the neighborhood. He
requested City Council consirlersome: sor,t ,of ordinan,ce for this
type of i nci dence. Perhaps an ordi nance that woul d requi re the
recreational vehicle to be parked.behind the house.
Mayor Parks asked if there was room for the neighbor to park the
vehicle in the back. . ,"
Mr. Stone stated there was room for the vehicle in the back.
However; the 'next :door'nEHghbot" insisted' :on, parking:' theWinnebago
in h.is driveway. The neighbor also 'has three cars ,he parks 'on the
street which causes congestion on the street.
Mayor 'Parks advised Mr. Stone thatl city sta'ff-.would review the
situation and see what could be done.
John Collier~ Past-or 'with West University United Methodist Church,
addressed Council concerning the amendments to the sign
ordinance. He had twocquestions: (1). .relating, to the periOd the
sign may be up, specifically 72 cQnsecutive hours, and (2) putting
a limit of twopermi ts forportables i gns for any given premises
during any pe'riod of ,365 consecutive days. ' ,
. . . ,. I ,
Councilmember "Higley suggested that the: 72, hours: 1 imitation
referred to the signs on the premises. Theinte:rpretation was
applicable to miscellaneous portable signs during a specific
event. Section 3(e) of the ordinance states that portable signs
are permitted for 60 consecutive days. '
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Regular City Council Meeting, October 27, 1986
Councilmember Bryan explatned'that one intent of amending the sign
ordinance was to encourag'ethe' churches and other organizations to
get permanent signs to adve~tise their special events.
The City Attorney advlsed'that"fhere was a provision in the
ordinance for Institutional Signs.
Jim McPhail , Minister of West University United Methodist Church,
addressed Council and questioned advertising signs in residential
districts.
Councilmember Schwartze,l "explained" that. the intent of the
ordi nance was to encourage permanent signs but to a 1 so allow for
special signs for special events.
Ralph Pokluda, 5320 Sewanee-,"addressed Council stating that the
dOmpster for St. George Orthodox Church wa~ sitting on the curb.
His question was whether' the City regulated the placement of
dumpsters.
City Manager, Mr. Rockenbaugh, advised that the City had an
ordinance requiring that dumpsters be placed 5' feet back from the
property 1 i ne. City staff woul d call the church' and ask them to
remi nd thei r garbage' contractor to place the dumpster in
accordance with, the required setback.
CITIZENS RESPONSE TO AGENDA ITEMS: 'Mayor Parks invited residents who
wished to address a speci-ficagenda' item to speak at this time.
There were none prese~t who wished to speak concerning an agenda
item .
ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member'of,City
Co~ncil suggested removing an item from the consent agenda.
CONSENT AGENDA: Motion was made by Councilmember Higley, seconded
by Councilmember Bryan, that the consent agenda be approved in
accordance with staff recommendation~ '
Voting Aye:
Mayor Parks, CouncilmembersHigley, Bryan,
Schwa rtze 1 :
None
Councilmember'Cummings (resigned)
Voting No:
Absent:
_.,.,.,.-'0"",
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CLOCK FOR COUNCIL CHAMBER: Ralph Pokl uda " 5320 Sewanee, presented to
City Council an antique clock which he and his wife, Carolyn,
wished to donate to the City. The clock was made around the turn
of the century by , the' New Haven Company and Mr. Pokl uda had "West
University Place" inscribed in the lower glass portion of the
1 kU !:,
case. Mr Pokluda agreed to maintain' the clock.. The c oc was
appraised at $450.00.
Regular City Council Meeting, Octeber 27, 1986
~>~3
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Mayor Parks and Counci lmembers thanked Mr. Pokluda and expressed
their 'appreciation for the dock. Councilmeinbers" agreed the clock
woul d be appropri ate for the,Councit:'Chamber.
PROCLAMATION INTERNATIONAL PRI'NTING ,WEEK:' Mayor Parks presented and
read a proclamation designating the week of January 11 through
January 17, 1987, as InternatjOrlaT'Printing Week in, celebration of
Benjami n Frankl in's birthday. "
LEVYING AN ASSESSING CITY TAXES FOR THE YEAR 1986: Mayor Parks
presented Ordinance Number 1269 for the first reading and read the
capti on as follows: 1
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 1986 PROVIDING THE BASIS OF
ASSESSMENT OF APPRAISED VALUE AND PROVIDING FOR THE COLLECTION
THEREOF AT THE RATE OF $0.324 ON'cTHE ONE HUNDRED ($100. 00) DOLLAR
ASSESSEDVALUATION~
Copies ,of Ordinance Number: l,269}~:,in the" form 'required for
adoption, were available to: all members of City ,Council and a
reasonable number of ,addit,ional copies 'available to interested
citizens present.
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Motion was made byCouncilmember Higley, seconded byCouncilmember
Bryan, that Ordi nanceNumber 1269 be, accepted on first reading as
presented. ' . .'
Voting Aye:
Voting No:
Absent:
Maydr Parks, CouncilmembersHigley, Bryan,
Schwartzel, '
None
'CoiJ~cHmember,Cummings (resigned)
SPECIAL ELtCJION'TO FILL VA€ANCY"ON:CITY , COUNCIL:" Mayor Parks
. presentedOrdi nance 'Number: ,1270 and r,ead the'capiton' as foll ows:
, ,
AN ORDINANCE FINDING AND' DETERMINING THAT A VACANCY HAS OCCURRED
IN THE OFFICE OF COUNCIL' MEMBER OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS; ORDERING A SPECIAL,ELECTIONi TO,,:BE'HELD TO FILL SUCH
VACANCY; MAKING PROVISIONS FOR THE CONDUCT OF' SUCH ELECTION; AND
CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.
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Copi es of Ordi nance Number:.. 1270,' in> the form requi red for
adoption, were available to all members of City Council and a
reasonable riumberof' additibna.l copies available to interested
citizens present. . 'I,
Motion was made by Couricilmember Bryan, secondediby Councilmember
Hi gl ey, that Ordi nance Number 1270 be.a:cceptedi,as presen.ted on
first reading.
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Regular City Council Meeting, October 27-,,1986
Voting Aye:
Voting No:
, :Absent:, ,
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Mayor,; Parks, Councilmembers Higley, Bryan,
Schwa:rtze 1 ' ,
None
, Cou~'Qi!lme'm~eL;Gummi,ngs( resigned) "
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4.7 GENERAL' OBLIGATION BONDS', SER'Ii-s. i986,:" Consi derati'o.n.:~a,s, given
to the invoice in the amount, of.:, 1.,5,21.25 ,submnted by Fulbright &
Jaworski for additional bond counsel services in relation to the
1986 Bond Issue.
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Motion was made by Councilmember Higley, seconded by Councilmember
Bryan, that the invoice for additional bond counsel services
submitted by Fulbrighr&.Jaworski.,be 'apprO,ved for payment.
Voting Aye:
Voting No:
Absent:
. ,,",
Mayor par,ksi, Councilmembers Higley, Bryan,
SchWarttel _ ' ,
Nohe ,
Councilmember Cummings (resigned)
SURVEY SERVICES FOR UTILITY PROJECT:" Consideration was given to the
invoice in the amount o'f' ,$3,075,.!00 submitted by, Topco Co. , Inc.,
for survey services in connection with the Cleaning of the 36"
Outfall Line on Brompton.
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Motion was made by Councilmember Higley, seconded by Councilmember
Bryan, that the invoice in ,the amount, of $3,075.00 submitted by
Topco Co., Inc., be approved for payment.
Voting Aye:
Voting No:
Absent:
Mayor Parks,"Councilmembers Higley, Bryan,
Schwartzel ,
None ',', '
Councilmemoer ,Cummings (re$ign~d)
ENGINEERING SERVICES FOR VARIOUS UTILITY RELATED PROJECTS~
Consideration was g'iven te:the ,following' ,invoices, submitted by
Langford Engineering Inc., for engineering services on various
utility related projects fdr'a total amount of $14,265.30:
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a) Invoice.in the amount ,of. $12,-471.22 for, Priority Area No. 1
Sanitary Sewer:' '. ,
b) Invoice in the' amount of $1:376.13 for Clean'ing of 36"
Outfall line on Brompton.
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c) Invoice in ,the amount, of $372.28 fo.r Priority Area No. 2
Water.
d) Invoice'in the 'amount"of:$45.67 for Sanitary Sewer Renovation
Master' Pl an.
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Motion was made by Councilmember Higley, seconded by Councilmember
Bryan, that the invoices totaling $14,265.30 submitted by Langford
Engineering Inc., be approved for payment.
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Regular City Council Meeting, October 27,1986
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Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Councilmember Cummings (resigned)
LEGISLATIVE MATTERS: Consideration was given to the invoices in the
amount of W89.84 each, for the.. months of October and November
1986, submitted for legislative services provided on the City's
behalf.
'Motion was made by Councilmember Higley, seconded by Councilmember
Bryan, that the invoices totaling $6,579.68 for legislative
services provided for the months of October and November, 1986, be
approved for payment.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmel1)bers Higley, Bryan,
Schwartzel ,..,
Nooe, I
Councilmember Cummings (resigned)
COUNCIL COMMENTS: Councilmember Bryan expressed her appreciation for,
the continued helpful attitude displayed by members of the Police'
Department, specifically Officer Norris, Corporil Neibur and
Officer Unger.
STAFF REPORT: Ctty Manager, Mr. Rockenbaugh, distributed copies of
"City Currents" for Council's rev)ew and comments. -.
Mr. Rockenbaugh advised Council that agenda items No. 16, CONTRACT
FOR CITY HALL ASBESTOS REMOVAL AND MISCELLANEOUS WORK, and No. 17,
EXECUTIVE SESSION, were removed from this meeting's agenda.
CITY COUNCIL MEETING MINUTES: Minutes of the regular city council
meeting on October 13, 1986, were presented for consideration.
Moti on was made by Counci lmember Schwartze 1, seconded by
Councilmember Bryan, that the minutes of the regular city council
meeting on October 13, 1986; be approved as submitted.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Councilmember Cummings (resigned)
ADJOURNMENT: With no further business to come before Council at
this time, motion was made by Councilmember Schwartzel, seconded
by Councilmember Bryan, that the meeting adjourn. Such motion
carried and the meeting adjourned at 8:17 P.M.
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SPECIAL CITY COUNCIL MEETING
NOVEMBER 3, 1986
, 7:00 P.M.
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City Cou~cil ~convened in special session in the City Hall Council
Chamber" "l~&nO~,Jtrrtver~-W,.,".~.s;lLl~v'ard, in the City of West University
Place, bn~onday, ~6vemDer 3, 1986, with the following members present:
Mayor Parks, presiding; Councilmembers Higley, Bryan, and Schwartzel.
Also present were the City Manager, City Secretary, City Attorney,
Director of Operations, and the Superintendent of ' Utilities.
PEMBERTON AND BELLE COURT SUBDIVISIONS WATER PROJECT. PRIORITY AREA NO.
1: Consideration was given to matters concerning Pemberton and
Be11e Court Subdivisions Water Project, Priority Area No.1,
including substitute contract arrangements tendered by Fidelity
and Deposit Company of Maryland (Ella Contracting Inc., as
substitute contractor). '
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The City Attorney, Mr. Dougherty, advised Council that the City
was not required to go through another bidding process in the case
of Y & H Associ ates' Abandonment of Contract on the Pri ori ty Area
No. 1 Water Project. Mr. Dougherty presented a memo summarizing
the progress that representatives of the Bonding Company for Y & H
Associates, Fidelity & Deposit Company of Maryland, (IIF&DII), and
of the City have made on the following claim:
Claim No. 527-853-6 - Bond No. 992 70 78
Principal: Y & H Associates
Obligee: City of West University Place
Project: Water .Line Replacement in Pemberton and Belle
Court Subdivision (Priority Area No.1)
Job NOL 119-07, Contract No. 4
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Special City Council Meeting, November 3, 1986
case a back-charge) "ot' of.fset 'against (in the case of a IJ::_
credit) the sum 'of'~$J8~?42.17, and the resulting total will
be paid to the City'at'least three days prior to the due date
for the first pay ,estimate of Ella Contracting, Inc.
(3) F&D, agrees to reimburs.e the City for costs incurred by the
City to cure any defects in materials, or workmanship of the
work in place' '(which ,is' not removed), but only those defects
discovered' within two Jears 'following the date that a
certificate of' ffrial to~pletion is issued for' the entire
, project. !' " ,
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(4) F&D and the Ci ty hav~ agreed upon three out-of-pocket costs,
which are $350 ,forunpatd.rent on the maintenance yard,
$1,200 for clean-up of,'theyard and $619.81'for, back-filling
bore pi ts.' These costs wi 11 be reimbursed to the Ci ty at the
~~me time as item #2.
(5) The parties are continuing to negotiate on other items, and
this memorandum does not dispose of them.
(6)' F&D agrees to "defend 'and indemnify the City (and its
officers, agents and' employees) from and against any and all
claims, demands and causes of action brought, by Y & H
Associates, its le:nde:r'bank,' its suppliers, contractors or 0
materialmen or other, persons claiming by, through or under Y
& H Associates." ' , I
The memorandum will not take eff~ct until all of the following
have occurred.
(a) City Council has approved and authorized it.
(b) - I t has been signed on behalf of both F&D and the Gi ty.
(c) Ella Contracting, Inc . has signed the contract documents
and submi tted the ,requi red insurance and bonds to the
City with in the time' allotted by the City's Director of
Utilities.
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By Isl 'William C. Sherk
William C. Sherk, Claims Attorney
CITY OF WEST UNIVERSITY PLACE
By
Mayor
The City Attorney further 'adyised 'Council that F&D had signed the
memorandum and recommended Council's approval.
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Special City Council Meeting, November 3, 1986
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Moti on was made by Counci lmember Bryan, seconded by Counci lmember
Schwartzel that City Council accept the terms of the agreement
with F&D as presented, authori zing the Mayor's signature, and,
further, that City '-Council award the completion contract for
construction of Water Line Replacement in Pemberton and Belle
Court Subdivisions (Priority,Area No.1) to Ella Contracting, Inc.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Councilmember Cummings (resigned)
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PHASE l~ PRIORITY AREA NO. I SANITARY SEWER PROJECT: Consideration
was given to matters relating to the proposed contract for Phase
I, Priority Area No. I Sanitary Sewer Project. "
When the bids were received for construction of Priority Area I
Phase I Sanitary Sewer Rehabilitation, Bay town Construction
Company was low bidder with the amount of $737,600. This amount
included a 1 1/2 inch Type D Hot Mix Asphaltic Concrete Pavement
(Bid Item #26). However, because of other utility projects
planned for this construction area, city staff recommended the
deletion of Item #26 from the specifications. Should City Council
decide to delete Item #26, city's1:af,f would then'recommend the
release of their bid bond should Bay town Construction Company
choose to withdraw their bid.
In the event; Bay town withdraws 'their' bid; ,city staff and Langford
Engineering Inc. are prepared to:recommend the project be'awarded
to Whitelak Inc., the second low bidder,' at the bid price of
$706,055. i This figure 'reflects' the'~ deleti'on of Item #26 in
White 1 ak IS ori gi na 1 p:roposa 1. ",
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Councilmember Schwartzel ,recommended City Council authorize the
release of Bay town Construction's bid bond upon receipt of
withdrawal of their bid. ' City Council agreed, and subject to that
occurring, would consider awarding the contract to Whitelak Inc;
at the next regularly scheduled council meeting on November 10,
1986.
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Motion was made'by-Councilmember' Higley,:seconded by Councilmember
Bryan, that ,Ci ty Counci l' author;,ze the: de 1 eti on of Item #26 from
the proposal submitted by Bay town Construction Company.
Voting Aye: Mayor Parks,Councilmember,s Higley, Bryan,
Schwartzel
Voting No: 'lNone:. , ":' j
Absent: Councilmember Cummings (resigned)
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CONTRACT FOR CITY HALL ASBESTOS REMOVAL AND MISCELLANEOUS WORK:
Consideration was ghlen ,to.imatters,:re'lating to the contract
City Hall asbestos removal and miscellaneous work.
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Special City Council Meeting, November 3, 1986
The City Attorney presented information relating to: the contract IU',
and the number of problems at issue. "These include: (i) failure
to 'provide certa in medi ca 1 reports; ( i i ) controvers i es wi th
subcontractors and other third parties claiming payment in
connection with, the work; and (iii) serious shortcomings in the
insurance David Evans Contracting, Inc. ("DEC") wasrequi red to
provide.
The parties have reached a settlement of their disputes, and
they hereby agree as follows:
(1) Insurance. The City releases DEC from its obligation to
provide the, full '$5,000,000.00 in liability insurance
for the asbestos'removal portions of the work and agrees
to accept certain policies written by the Citizens
National Assurance Company, as follows:
(a) ,Each 'policy shall be in the same form as that
previously 'submitted to the, City by Waste
Envi ronmenta 1 Technology, Inc. ("WET").
(b) The policies, -together, must have an aggregate
limit of liability of at least $1,500,000.00 per
,occurrence."
(c)
endorsements addi ng the
and waiving subrogation
agents, officers and
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Each pol icy must 'contain
City as a named insured
against the City, its
,employees.
At "Closing", hereinafter defined, DEC shall deliver to
the Ci ty certi fi ed copi es of the pol i ci es, as issued,
together with an appropriate certificate, signed by a
duly authori zed ,agent of the issuer,' stating
unequivocally that the policies, are in full force and
effect as of Closing. (This insurance shall be in
addition to the insurance previously shown on the
certificates submitted by DEC.)
(2)
Special Indemnities. DEC and WET, shall each make,
execute and de 1 i veran indemnity agreement as shown in
the attached Exhibit A, at Closing.
(4)
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Pri ce Adjustment. The Contract Sum is reduced from
$284,250~00 to $243,700~00, and the City shall pay to
OEC at Closing (subject to DEC providing all items
required of it or WET), the sum of $62,504.00, which is
the full and fi na 1 payment due to DEC under the Contract
as adjusted.
Litigation. At Closing, DEC shall make, execute and
del iver an "Agreed Motion to Dismiss", (and the attached
Order) as shown in the attached Exhibit "B", for the
pending litigation therein described, and DEC agrees
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(3)
Special City Council Meeting, November 3, 1986
OS1
tha tit will nei ther commence nor prosecute any
litigation raising the same or similar issues against
the City or any of its agents, officers or employees.
Nothing in this workout agreement affects any duties or
ob 1 i gati ons under the Contract or under the surety bonds for the
Contract, except as explicitly described above.
The proposed workout agreement, a stated above, is the
comp 1 ete and fi na 1 vers i on of the workout between DEC and the
City, and there are no enforceable negoti ati ons or pri or
agreements of this sort (other than the Contract Documents
themselves, which are defined in the Contract).
"Closing" means a meeting to be held on Tuesday, November 11,
1986, at 9:00 A.M., at the Municipal Building, 3800 University
Boulevard, Houston, Texas, or at such other time and place as the
City's Director of Operations and DEe may agree upon.
This proposed workout agreement will not take effect until it
has been approved by the Architect, the Ci ty Counc i 1 (for the
City), DEC, WET and DEC's surety company.
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APPROVED:
CITY OF WEST UNIVERSITY PLACE
AMWEST SURETY INSURANCE COMPANY
By
By
Name:
Title:
Date:
Name:
Title:
, Date:
DAVID EVANS CONTRACTING
COMPANY, INC.
By
JOHN F. HOUCHINS, A.I.A.
By
Name:
Title:
Date:
Name:
Title:
Date:
WASTE ENVIRONMENTAL TECHNOLOGY,
INC.
By
Name:
Title:
Date:
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Exhibit "A" and Exhibit "B" attached.
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fHE SfAfE OF fElAS
COUNTY OF HARRIS
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PINAL WAIVER OF LIEN
AND INDEMNITIES
WHEREAS, the undersigned, David Evans Contracting, Inc.
(hereinafter rererred to as "CONTRACTOR"), has acted as general
contractor for work on structure(s) and improvements situated in
Harris County, State of Texas, known and described as: Municipal
Building, City of West University Place, 3800 University
Boulevard, Houston, Texas, owned by the City of West University
Place, Texas ("OWNER"); and,
WHEREAS, the undersigned hereby acknowledges payment in full
for all services, labor or materials furnished for the improve-
ment of the property above-referenced; and,
WHEREAS, the undersigned is desirous of finally releasing and
waiving any and all liens and claim or right of lien which may
otherwise exist'for services, labor, or materials furnished
for the improvement of the property above-referenced;
NOW, THEREFORE, for and in consideration of One ($1.00)
Dollar 1n hand paid, and other good and valuable consideration,
receipt and suffiCiency of which is hereby acknowledged, the
undersigned does hereby waive, release and quitclaim any and all
liens and claim or right to lien on said above~described
building(s) and the real estate upon wh1ch the same 1s (are)
located, as against such true owner thereof, or others, for the
amount of such work done, or the materials furnished, or the
value of such services performed or furnished, and for all other
sums and rights under the Statutes of the State in which the pro-
perty is located, relating to mechanics' liens and materialmen1s
liens (or other such liens of any nature), whether such labor,
services or materials are fully described and identified herein
or not, but which were heretofore furnished by the undersigned
for improvement of the building(s) and real estate above-
described. It is the express intention of the undersigned, with
full knowledge and understanding of provisions of law for his
(its) rights that, by execution of this document, the same shall
operate as an unconditional release of the Owner from any and all
claims, which the undersigned mayor might have against it, in
any way, arising out of the Job herein concerned, and
acknowledgment of satisfaction and payment in full of all sums
due to the undersigned, and further shall operate as a complete
discharge, release and waiver of the undersigned's mechanic's
lien and materialman's lien (and any other such lien of any
nature) for any and all work and labor done and performed, or any
and all material, or both, furnished on the above-described pre-
mises.
The individual executing this document personally affirms and
warrants under oath, and subject to penalty of law for false
swearing, that all laborers performing work upon the aforemen-
tioned premises have been fully paid, and that none of such
laborers or contractors have any claim, demand or l1en against
said premises, and that all supp11ers and materialmen furnishing
supp11es or materials for use 1n the aforementioned premises have
been fully pa1d, and non~ of such supp11ers and materialmen have
any claim, demand or lien against sa1d premises. The indiv1dual
signing below further personally affirms and represents, under
oath, that no financing statements, chattel mortgage, conditional
bill of llale, retent10n 01' t1 tle agreement, or other security
instrument, have been given or executed for, or 1n connect1on
with, any material, appliances, machinery, fixtures or fur-
nishings placed upon, or installed in the aforementioned premises
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bl the legal entltl on whose behalf he executes th1s document or
b, an, part, 1n connect10n with the work.
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The unders1gned does hereby agree to defend, 1ndemn1fy and
hold harmless the Contractor, the Owner, and the off1cers, agents
and employees of the Owner from any and all claims, act1ons, or
demands 1n any way ar1s1ng out of, or related to, the
underslgned's furn1shlng of serv1ces, labor, or materlals upon
the aforementloned premlses, whether sald cla1ms ar1se between
the undersigned and the persons lndemnified hereunder, or from
other persons connected to the above-described job and who may be
known or unknown to Contractor or said Owner, and whether said
claims be direct or indirect. The undersigned agrees to indem-
nlfy sald partles as to any and all costs, includlng reasonable
attorneys' fees, 1ncurred as a result of any and all cla1ms made
aga1nst any of them, by or through the unders1gned or actions on
the part of part1es connected to the work on the aforesald preml-
ses, whether sa1d cla1ms or actlons are direct or 1nd1rect.
The undersigned shall also defend and indemnity the Owner,
and its otflcers, , agents and employees, and hold them harmless
trom and against all costs arlsing out of or relating to the
medical condltion of the employees whose medical reports are
mlsslng (Mr. Ray Allen Davis SSI~50-23-l367 and Mr. Daniel
Marquette aka: Dan, Danll, Danial S81508-90-0256). "Costs"
lnclude not only liabilities imposed but also expenses of
investigating, defending and settling any such matters whether
groundless or not. The costs shall be pald dlrectly to persons
deslgnated by the Clty or relmbursed to the City, as the City may
request, but in any event, each payment shall be made within 60
days following the date of the corresponding request.
The underslgnedacknowledges that this Agreement shall inure
to the benefit of not only the Owner (and its officers, agents
and employees) hereinabove named, but also their respective
heirs, successors, or ass1gns. If this Agreement Is executed on
behalf ot a corporat10n, the indlvidual s1gn1ng the same, further
and additionally warrants and affirms that he has authority, and
is authorized to, bind the Corporat10n by h1s execution of th1s
Agreement, and if the same is being executed for a partnership,
the ind1vidual signing warrants and affirms he is a General
Partner w1th authority to bind the Partnership. The person(s)
signing this Agreement acknowledge(s) reading and understanding
the same, and being individually sworn on oath before execut1ng
the same, this _day of , 1986.
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David Evans Contracting, Inc.
By:
Corporate Off1cer - Title
Attest:
Secretary
SWORN TO AND SUBSCRIBED before me, this
. 1986.
day of
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Notary Pub11c, 1n and for the
County of
State of
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THE STATE OF TEXAS
COUNTY OF HARRIS
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FINAL WAIVER OF LIEN
AND INDEMNITIES
WHEREAS, the undereigned is a subcontractor, materialman,
mechanic, or other pereon furnishing services, labor or
materials, at the instance and employment of David Evans
Contracting, Inc. (hereinafter referred to as "CONTRACTOR"), for
the atructure(s) and improvements situated in Harris County,
State of Texas, known and described as: Municipal Building, City
ot West University Place, 3800 University Boulevard, Houston,
Texas, owned by the C1ty of West University Place, Texas '
("OWNER"); and,
WHEREAS, the undersigned hereby acknowledges payment in full
for said services, labor or materials furnished for the improve-
ment ot the property above-referenced; and,
WHEREAS, the undersigned is desirous of finally releasing and
waiving any and all liens and claim or right of lien which may
otherwise exist for services, labor, or materials furnished
for the improvement of the property above-referenced;
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NOW, THEREFORE, for and in consideration of One ($1.00)
Dollar in hand paid, and other good and valuable consideration,
receipt and sUfficlencY of whlch is hereby acknowledged, the
undersigned does hereby waive, release and quitclaim any and all
liens and claim or right to lien on sald above-described
bullding(s) and the real estate upon which the same is (are)
located, as against such true owner thereof, or others, for the
amount of such work done, or the materials furnished, or the
value of such services performed or furnished, and for all other
sums and rights under the Statutes of the State in which the pro-
perty Is located, relating to mechanics' liens and materialmen's
liens (or other such liens of any nature), whether such labor,
serv1ces ormater1als are fully described and 1dentified herein
or not, but which were heretofore furnished by the underslgned
for improvement of the building(s) and real estate above-
descr1bed. It 1s the express 1ntent10n of the undersigned, with
full knowledge and understanding of provislons of law for his
(its) rights that, by execution of this document, the same, shall
operate as an unconditional release of Contractor and the Owner
from any and all claims, which the undersigned mayor might have
against them, in any way, arising out of the job herein con-
cerned, and acknowledgment of satisfactlon and payment in full of
all sums due to the undersigned, and further shall operate as a
complete discharge, release and waiver of the underslgned's
mechanic's lien and materialman's lien (and any other such lien
of any nature) for any and all work and labor done and performed,
or any and all material, or both, furnished on the above-
described premises.
The individual executing this document personally affirms and
warrants under oath, and subject to penalty of law for false
swearing, that all laborers and contractors employed by the legal
entity on whose behalf he executes this document or by contrac-
tors of such entity upon the aforementioned premises have been
fully paid, and that none of such laborers or contractors have
any claim, demand or lien against said premises, and that all
suppliers and materialmen furnishing supplies or materials for
use in the aforementioned premises have been fully paid, and none
of such suppliers and materialmen have any claim, demand or lien
against said premises. The individual signing below further per-
sonally affirms and represents, under oath, that no financing
statements, chattel mortgage, conditional bill of sale, retention
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o~ executed tor. or 1n connect1on w1th, any material, appliancea,
machinery, fixtures or furniahings placed upon. or installed in
the aforementioned premises by the legal entity on whose behalf
he executes thls document or by any contractors of such entlty.
The undersigned doe3 hereby agree to defend. Indemnify' and
hold harmless the Contractor. the Owner, and the officers, agents
and employees of the Owner and the Amwest Surety Insurance
Company. Surety, from any and all clalms. actions, or demands In
any way arlslng out of. or related to. the undersigned's fur-
nishing of services. labor. or materials upon the aforementioned
premises. whether said clalms arlse between the underslgned and
the persons 1ndemnifled hereunder. or from persons who have dealt
with the underslgned or Its contractors on the above-described
Job and who may be known or unknown to Contractor, said Owner. or
said Surety, and whether said claims be direct or indlrect. The
undersigned agrees to Indemnify said parties as to any and all
costs. includlng reasonable attorneys' fees. Incurred as a result
of any and all clalms made against any of them. by or through the
undersigned or actions on the part of part1es dea11ng with the
undersigned In reference to the aforesaid premises. whether said
claims or actions are direct or indirect.
The undersigned shall also defend and indemnify the Owner,
and Its officers. agents and employees, and hold them harmless
from and agalnst all costs arising out of or relatlng to the
medical conditlon of the employees whose med1cal reports are
miSSing (Mr. Ray Allen Davis SS6450-23-1367 and Mr. Daniel
Marquette aka: Dan. Danll, Danial SSI508-90-0256). "Costs"
include not only liabilities Imposed but also expenses of
investigating. defending and settling any such matters whether
groundless or not. The costs shall be pa1d directly to persons
designated by the City or reimbursed to the City, as the City may
request. but in any event, each payment shall be made within 60
days following the date of the corresponding request.
The undersigned acknowledges that this Agreement shall inure
to the benefit of not only the Owner (and its officers. agents
and employees) hereinabove named, and the above-named Surety, but
also their respective heirs, successors, or assigns. If this
Agreement is executed on behalf of a corporation, the individual
signing the same, further and additionally warrants and affirms
that he has authority, and is authorized to, bind the
Corporation by his execution of this Agreement, and if the same
is being executed for a partnership. the individual signing
warrants and affirms he is a General Partner with authority to
bind the Partnership. The person(s) signing this Agreement
acknowledge(s) reading and understanding the same. and being
individually sworn on oath before executing the same, this______
day of , 1986.
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Waste Environmental Technology, Inc.
By:
Corporate Officer - Title
Attest:
Secretary
SWORN TO AND SUBSCRIBED before me. th1s
. 1986.
day of
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Notary Publ1c, 1n and for the
County of
State of
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No. 86-1176118
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DAVID EVANS CONTRACTING. INC.. S
Pla1ntiff S
vs. S
THE CITY OF WEST UNIVERSITY S
PLACE, WASTE ENVIRONMENTAL TECH- S
NOLOGY, INC.. and POLY- S
TECH TECHNICAL SERVICES. INC. S
Defendants
IN THE DISTRICT COURT OF
HARRIS COUNTY. TEXAS
3311TH JUDICIAL DISTRICT
AGREED MOTION TO DISMISS
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COME, David Evans Contracting, Inc., Plaintiff. and The
City of West University Place, Texas, Defendant ("West
University"), which would Jointly sholl unto the Court as 1'011011:
Plaintiff and Defendant West University advise the Court that
they have settled the Plaintiff's claims against Defendant West
University, and they Jointly move that the Court dismiss
Plaintiff's action against Defendant West University. with preJu-
dice against ref11ing same, upon the terms stated in the attached
Order of Dismissal.
Respectfully submitted,
COLE & DOUGHERTY
By:
James L. Dougherty, Jr.
State Bar No.: 06035200
5300 Memorial, Suite 1070
Houston, Texas 77007
(113) 880-3800
Attorney for Defendant City of
West Univers1ty Place
LENDAIS & ASSOCIATES
By:
Orval Lee Marloll, II
State Bar No. 130011300
5718 Westhelmer, Suite 2121
Houston, Texas 77051
(713) 7811-0026
Attorney for Plaintiff
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No. 86-1176118
DAVID EVANS CONTRACTING, INC., S
Plaintiff S
va. S
THE CITY OF WEST UNIVERSITY S
PLACE, WASTE ENVIRONMENTAL TECH- S
NOLOGY, INC., and POLY- S
TECH TECHNICAL 'SERVICES, INC. S
Defendants
IN THE DISTRICT COURT OF
HARRIS COUNTY, TEXAS
334TH JUDICIAL DISTRICT
ORDER OF DISMISSAl
On this date thel'e came on to be heard the "Agreed Motion To
Dismiss" of David Evans Contracting, Inc., Plaintiff, and The
City of West University Place, Texas, Defendant ("West
University"), and the Court having considel'ed said Hotion and
having determined that such dismissal will not prejudice any
other party, does hereby ORDER, ADJUDGE AND DECREE that
Plaintiff's action against Defendant West University is hereby
dismissed with prejudice against refiling same, that Plaintiff
take nothing by its suit against West University, that all relief
requested by Plaintiff, including damages, attorney's fees,
interest, costs and other relief are denied to Plaintiff and that
Plaintiff shall pay his costs and any costs of West University,
if any, for which execution may issue.
SIGNED ON this
day of
,1.9.. .
JUDGE PRESIDING
334TH DISTRICT COURT, HARRIS COUNTY,
TEXAS
APPROVED AS TO FORM AND SUBSTANCE:
COLE & DOUGHERTY
LEN DAIS & ASSOCIATES
By:
James L. Dougherty, Jr.
State Bar No.: 06035200
5300 Memorial, Suite 1070
Houston, Texas 77007
(713) 880-3800
Attorney for Defendant City of
West University Place
By:
Orval Lee Harlow, II
State Bar No.: 13004300
5718 Westheimer, Suite 2121
Houston, Texas 77057
(713) 784-0026
Attorney for Plaintiff
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Motion was made by Councilmember Higley, seconded by Councilmember
Bryan, that Ci ty Counci 1 ',approve the agreement but authori ze
execution of the agreement subject to assurances on the open
releases and paid insurance premiums, such assurances to be at the
discretion of the City Manager and City Attorney.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan
Councilmember Schwartzel
CouncilmemberCummings (resigned)
EXECUTIVE SESSION: City Council did not find it necessary to convene
in Executive Session.
ADJOURNMENT: With no further bu~iness to come before Council at this
time, motion was made and seconded that the meeting adjourn. Such
motion carried and the meeting adjourned at 8:40 P.M.
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City See etary
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REGULAR CITY COUNCIL MEETING
NOVEMBER 10, 1986
7:30 P.M.
City Council convened in regular session in the City Hall Council
Chamber, 3800 University Boulevard, in the City of West University
Place, on Monday, November 10, 1986, with the following members
present: Mayor Parks, presid.ing;, Councilmembers Higley, Bryan, and
Schwartzel. Also present were the City Manager, City Secretary, City
Attorney, Director of Administration, Director of Operations, Chief of
Police and Superi~tendent of Utilities. Councilmember Schwartzel
delivered the invocation and led the All~giance to the Flag.
HEARING OF RESIDENTS: Mayor Parks invited residents to speak who had
matters they wished to bring to the attention of the City Council
which had not previously been submitted to the City Manager.
There were none present who wished to speak.
CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who
wished to address a specific agenda item to speak at this time.
I
There were no~e" present who wished to speak concerning an agenda
item .
ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City
Council suggested removing an item from the consent agenda.
CONSENT AGENDA: Motion was made by Councilmember Schwartzel,
seconded by Councilmember Higley, that the consent agenda be
approved in accordance with staff recommendation.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Councilmember Cummings (resigned)
THANK YOU9 JIM GOODE: Mayor Parks recognized Jim Goode and his
wife, Kate, and announced that the members of City Council wished
to express their appreciation to Jim Goode. Mayor Parks read the
following resolution:
RESOLUTION NUMBER 86-09
WHEREAS, Jim Goode is a resident of City of West University Place;
and
WHEREAS, Jim Goode is a 1 so an entrepreneur and owner of
restaurants near the City of West University Place; and
WHEREAS, Jim Goode has generously donated time, food and labor to
the Little League of West University Place allowing the Little League a
direct profit on fund raising projects; and
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Regular City Council Meeting, November 10, 1986
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WHEREAS, Jim Goode has also generously donated time, food and
labor to the West University 'Elementary 'School allowing a substantial
amount of funds to be raised to help children; and
WHEREAS, Jim Goode has also generously donated time, food and
labor to the City of West University Place Police Department
Association, which in turn'benefitsworthy organizations; and
WHEREAS, the City CounCil desires to recognize Jim Goode for his
generosity and his many contributions to the citizens and employees of
the city.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS:
D
Section 1. That the City ,of West University Place, Texas, acting
by and through its duly authorized City Council, hereby commends Jim
Goode for his many generous, contributions to the residents, the
employees and the city.
Section 2. That the City Council , on behalf of the citizens and
employees who have benefited by Jim Goode's generosity, expresses its
grateful appreciation to him.
Section 3. That this Resolution be spread in ,full upon the
mi nutes of the Ci ty Counci 1 and that the Mayor be, and he is hereby,
authorized to' deliver to Jim Goode a true copy hereof, signed by each
member of the Ci ty Counci 1 .. "
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Isl Michael L. Parks
j Michael L. Parks ,Mayor
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(SEAL)
Is/. Laura C. Higley, '
Laura C. Higley, Councilmember
<":; c: ,:" '. j.,
Isl C. Boone Schwartzel
C. Boone Schwartzel, Councilmember
ATTEST:
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Isl Audrey Nichols
Audrey Nichols, City Secretary
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Approved as to Form:
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Isl James L. Dougherty, Jr.,
James L. Dougherty, Jr.,
Ci ty Attorney
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Regular City Council Meeti,ng,'No!vember 10, 1986
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Councilmember Cummings (resigned)
u
Motion was made byCouncilmember Bryan, seconded by Councilmember
Higley, that Resolution Number 86-09,be adopted as read.
The Resolution was presented to ,Jim Goode.
PROCLAMATION NATIONAL BIBLE WEEK: Mayor Parks presented and read a
proclamation designating the week of November 23-30, 1986, as
National Bible Week.
Motion was made by Councilmember Higley, seconded by Councilmember
Bryan, that the Proclamation be accepted as read.
Voting Aye: Mayor 'Parks, Councilmembers Higley, Bryan,
Schwartzel
Voti ng No: ' None ,
Absent: CouncilmemberCummings (resigned)
LEVYING AND ASSESSING CITY TAXES FOR THE YEAR 1986: Mayor Parks
, presented Ordinance Number 1269 for the second reading.
caption was read as follows:
The
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 1986 PROVIDING THE BASIS OF
ASSESSMENT OF APPRAISED VALUE AND PROVIDING FOR
THE COLLECTION THEREOF AT THE RATE OF $0.324 ON
THE ONE HUNDRED ($100.00) DOLLAR ASSESSED
VALUATION.
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Copies of Ordinance Number 1269, in the form required for
adoption, were, available to all members of City Council and a
reasonable number of additional copies available to interested
citizens present.
Motion was made by Councilmember Schwartzel, seconded by
Couuncilmember Bryan, that Ordinance Number 1269 be adopted on
second reading.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Councilmember Cummings (resigned)
SPECIAL ELECTION TO FILL VACANCY ON CITY COUNCIL: Mayor Parks
presented Ordinance Number 1270 for second reading. The caption was
read as follows:
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Regular City Council Meeting, November 10, 1986
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AN ORDINANCE FINDING AND DETERMINING THAT A VACANCY HAS
OCCURRED IN THE OFFICE o~'tbuNctLMEMBER OF THE CtTY OF WEST
UNIVERSITY PLACE, TEXAS; ORDERING A SPECIAL ELECTION TO BE
HELD ,TO FILL SUCH VACANCY; MAKINGPROVISlONS FOR THE CONDUCT
OF SUCH ELECTION; AND CONTAINING OTHER PROVISIONS RELATING TO
THE SUBJECT.-
Copies of Ordinance Number 1270~' in the form required for
adoption, were available to all members of City Council and a
reasonable number of additional copies available to interested
citizens present.' ' -
Motion was made by Councilmember Higley, seconded by Councilmember
Schwartzel, that Ordinance Numb~~,1270 be adopted-on second
reading.
Voting Aye:
Voting No:
Absent:
Mayor'Parks, Councilmembers,Higley, Bryan,
Schwartzel ' ,
None
Councilmember Cummings (resigned)
SIGN ORDINANCE: Mayor Parks presented and read the caption of
Ordinance Number 1271 as fol~ows:
'J'.' j
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AMENDING ORDINANCE NO. 1266, PASSED AND APPROVED
OCTOBER 13, 1986, RELATING TO SIGNS AND PERMIT
FEES; CONTAINING 'FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT~'~
City Attorney, Jim Dougherty, advised Council that the amendment
affected Subsection (c)'of Section,,6'whichby ad0ption of
Ordinance Number 1271 would establish that the fee for the
issuance of a portable sign permit shall be the lesser of (i) $15
or (ii) $0.10 per square foot of display area of signs permitted
for times when the event of festival is not actually being held
plus $5.00 for all miscellaneous"signs withiri'a defined area when
the festival or event is actually held (if they are included in
the permit). ' '
Copies of Ordinance Number 1271, in the form required for
adoption, were available to:all'membersof City'Council and a
reasonable number of additional copies available to interested
citizens present. '
-
Motion was made by Councilmember Bryan, seconded by Councilmember
Higley, that' Ordinance Number 1271 be adopted on first and final
reading as presented. -
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Voting Aye:
Voting No:'
Absent:
Mayor Parks',': Councilmembers Hi gl ey, Bryan,
Schwartzel
None '."
Gounci'lmember ,Cummi ngs;( resi gned)
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Regular City Council Meeting, November 10, 1986
PRIORITY AREA NO. l, PHASE 1 WATER: Consideration was given to
authori'ze~adverti si ng, for, bi:ds for, constructi on; of Pri ority Area
No.2, Phase 1 Water Renabilitation Project in the Rice Court and
Monticello Subdivisions.
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Motion was made by Councilmember Schwartzel, sec,onded by
Councilmember Higley, that City Council authorize advertising for
bids for,construction of Priority Area No.2, Phase .1 Water
Project as requested.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, ,Bryan,
Schwartzel
None , " ,
Councilmember Cummings (resigned)
ENGINEERING SERVICES FOR VARIOUS UTILITY RELATED PROJECTS:
Consideration was given to the invoices submittted by Langford
Engineering Inc., for engineering services' on various utility
related projects for a total amount of $2,524.82 as follows:
a) Invoice in the amount of $1,619.10 for Priority Area No.
2 Santtary Sewer; and
b) Invoice in the amount of $905.72 for Priority Area No.
1, Phase,2, Sanitary Sewer.
, ,
Motion was made byCouncilmember. ,Schwartzel, seconded by
Councilmember Higley, that the invoices submitted by Langford
Engineering Inc., be approved for payment as listed.
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Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers 'Higley,Bryan,
Schwartzel
None ;,
Councilmember Cummings (resigned)
PURCHASE OF PATROL CARS FOR POLICE DEPARTMENT: Consi.deration was
given to the request for authorization to purchase four 1987
patrol cars through Houston Galveston Area Council for a total
cost of $49,239.52, delivery scheduled for February 1987.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Higley, that City Council authorize the purchase of
the patrol cars through Houston Galveston Area Council at the cost
of $49,239.52.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Councilmember Cummings (resigned)
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LEGAL SERVICES: Consideration was given to the invoice in the
amount of, $3,266.91 submitted for legal services provided on the
City's behalf for the month of October 1986.
Regular City Council Meeting, November 10, 1986
l'D6~" "
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Motion was made by Councilmember Schwartzel, seconded by
Councilmember Higley, that,the invoice in the amount of $3,266.91
be approved for payment.
Voting Aye:
Voting No:
Absent:
Mayor Par.ks, Councilmembers ,Higley,~, Bryan,
Schwartze l' ,
None , '
Councilmember Cummings (resigned)
IBM E UIPMENT: Consideration was given to the invoice in the amount
of 7,000.00 submitted by IBM Corporation for central processing
unit adaptor and accessories.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Higley, that City Council approve the invoice in the
amount of $7,000.00 for payment.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Councilmember Cummings (resigned)
COUNCIL COMMENTS: Councilmember Higley reported the dumpster at St.
George Orthodox Church was still not properly placed. Mayor Parks
suggested the dumpster contractor be contacted by city staff to
advise the company of the City's set back requirements.
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Councilmember Bryan inquired if the results of the Metro Survey
had been sent to Metro. City Manager, Mr. Rockenbaugh, advised
the results had been mailed, but at this time, staff had not
received any feedback from Metro.
Councilmember Bryan suggested the parking of recreational vehicles
be discussed at a workshop session.
Councilmember Higley congratulated city staff on the Open Houses
for the Seniors Wing at the Community Building and the remodeled
City Hall. Councilmember Higley also congratulated staff on the
Spooktacular event for Halloween night.
STAFF REPORT: City Manager, Mr. Rockenbaugh, advised Council that
the next workshop session was scheduled for Novembe~ 20th.
CITY COUNCIL MEETING MINUTES: Minutes of the regular city council
meeting on October 27, 1986, and the special city council meeting
on November 3, 1986, were presented for consideration.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Bryan, that the minutes of the regular city council
meeting on October 27, 1986, and the special council meeting on
November 3, 1986, be approved as submitted.
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Voting Aye:
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Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
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Regular City Council Meeting, :November ,10; 1986
Voting 'No:
Abs,ent:
, None' ,., ',',
Councilmember Cummings (res'igned)
~ .'. .
ADJOURNMENT: With no further business to come before Council at
this time, motion was ,made by Councilmember Schwartzel, seconded
by Council member Higley, that .the,meeting adjourn. Such motion
carried and the meeting adjourned..a,t>7:42 P.M.
A~
M1C ae a s
Mayor
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REGULAR CITY COUNCIL MEETING
NOVEMBER:24, 1986
7:30 P.M.
City Council convened in regularsessJon in the City 'Hall Council
Chamber, 3800 University Boulevard" i,n 'tfle City of West University
Place, on Monday, November 24,1986, witlithe followingrriembers
present: Mayor Parks; presiding; Counci'lmembers Higley, Bryan, and
Schwartzel. Councilmember Cummings was 'absent (resigned). Also
present were the City Manager, CitySecretary,City Attorney, Director
of Administn,ation arid D;:rectQ};"6rOperations~ C6uncilmeriiber Bryan
delive~d the...inVJocation ,and led the Allegiance to the Flag.
"':-=. ~~--. .' ~ . __ '':,. "'to,; . . .
HEARING OF RESIDENTS: Mayor Parks invited:residents to speak who had
matters they wished to bring to ,the'attention of the City Council
which had not previously been submitted to the City Manager.
There were none present who wished to ,speak.
o
CITIZENS RESPONSE TO AGENDA I'TEMS: Mayor Parks invited residents who
wished to address a specific agenda item to speak at this time.
Mr. Winston Bernich, representing Houston Lighting & Power Company
addressed City Council concerning Agenda item No. 5: HOUSTON
LIGHTING & POWER COMPANY RATE REQUEST and the accompanying
Ordinance Number 1272~ 'Mr~ Bernich announced that he was present
,to answer any questions City Council might have concerning the
modified rates to be ,charged to':residents, within the City.
, '
Mayor Parks inquired whether the City of West University Place was
getting the same quality of service as other,areas served by
HL&P. Mayor Parks mentioned complaints concerning power
interruptions affecting clocks and computers.
, , "', ,t. i:'
Mr. Bernich stated that, the quality of service in West University
Place waS as high or'higher than~any places.Mr~ Bernich
encouraged all complaints be directly forwarded to the HL&P office
at 229-7400~' ~0.
ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: Councilmember Bryan
, suggested Agenda Item No~ 15'~ WATER'WELL #9 REPAIR be~ removed from
tfJe consent., agenda. ' " "c I '_ ': _ ',f..
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CONSENT AGENDA: Motion was made by CouncilmemberHigley, seconded
by Councilmember Bryan, that with the exception of Agenda Item No.
15, the consent agenda be approved in: accordance with staff
recommendation. . ;~, "'., I ':;,., ,
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Voting Aye: Mayor Par,ks, Counc;-lmembers Higley, Bryan,
';' . Schwartz'el ".~ .;' . ::::~-'~~,'J::",
Voting No: None " '.., , ,\.': ,
Absent: Councilmember, Cummin.gs {resigned)
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Regular City Council Meeting, November 24, 1986
AN ORDINANCE REQUIRING THE HOUSTON LIGHTING & POWER COMPANY TO
FILE MODIFIED RATE SCHEDULES TO BE CHARGED IN THE CITY OF WEST
UNIVERSITY PLACE, TEXAS;PROVIDING,FOR AN EFFECTIVE DATE FOR SUCH
RATf SCHEDULES; PROVIDING CONDHIONS'UNDER WHICH SUCH RATE
SCHEDULES MAYBECHANG[D"MODIFIED, AMENDED OR WITHDRAWN;
CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
REPEALING ANY OTHER ORDINANCE OR PART ,OR PARTS THEREOF WHICH MAY
BE IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
]
HOUSTON LIGHTING &-POWER COMPANY RATE REQUEST: Mayor Parks presented
and read the capti on of Or din 'a nee Number 1272 as follows:
I"
Copies of Ordinance Number 1272, in the form required for
adoption, were available to all lIiembers of City Council and a
reasonable number of 'additi'ona.l "copies available to interested
citizens present.
City Attorney, Jim Dougherty, asked Mr. Bernich if HL&P was
agreeable to waiving its right to notice and hearing as to the
rate modification required by:.tbis or-dinance. The City had not
received and did notihave in its file an official letter relating
to the company's intention. The City Attorney advised Council
that apparently the company was walvingthis right and ,they were
allowing ,the City to;,go ahead andpr,oceed without ,a public
heari ng.A 1 so thecomp.any is: deve 1 opi ng a program to actually
match the rates inside the. coal ition of ci.ties to the rates ]1:1
charged in the unincorporated areas"retroactive to August. The
rates in West University Place have been higher since the
enactment of the previous ordinance setting rates. It was Mr.
Dougherty's understanding that the: details were not worked out for
the refund of charges over that charged in the unincorporated
areas.
Mr. Bernich confirmed that it was HL&P's intention to make a
'refund, but at this timethe'mechanism to do so had not been
worked out. It is our intention to make the refund.
i'
The City Attorney recommended that, in that case and recognizing
the mutual jurisdictional problem that creates a retroactive
ordinance, that a non-disctiminationclause be a,dded to Ordinance
1272 so, that if the companY-reduces rates and provides refunds to
customers in other citi'es" for peri ods pri or to theeffecti ve date
of this ordinance, HL&~ shall provide the same treatment for
cus tomersn w,i th in the ~ city.' : :
Mayor Parks inquired, if the :City could quantify the numbers even
if the company does not make a refund.
Councilmember Schwartzel asked.if the City can urge HL&P to comply
III
with a refund and, if HL&P oecides not to go forward with the
refund, can City Council quantify the amount of the refund and U
have them give it to us.
Regular City Council Meeting, November 24, 1986'
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The Ci ty Attorney concurred and suggested h,e ,write an amendment to
that effect. '
Mayor Parks stated that Coutt:cil\ wou.1d consider other agenda items
at this time and consider Ordinance Nu~ber 1272 with the proposed
amendment later in the meeting.
BUDGET AMENDMENT: Mayor Parks presented and read the caption of
Ordinance 1273 as follows:'! ' ,
AN ORDINANCE AMENDING ORDINANCE NUMBER 1245 WHICH APPROVED THE
BUDGET OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, FOR THE FISCAL
YEAR BEGINNING JANUARY 1, 1986, AND ADOPTED ON OCTOBER 28, 1985.
Motion was made by Councilmember Schwartzel, seconded by
Councilmember Bryan"thatOrdinance 1273 be accepted as presented
on first reading.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartze 1 ~, " ' ,-
None
Co~ncilmember Cummings (resigned)
o
HOUSTON GALVESTON AREA COUNCIL: Consideration was given to
Resolution Number 86-10 which was presented and read by Mayor
Parks as follows:
WHEREAS, city officials have determined
that it is in the best interest of,the citizens ,of
this city to continue its 'membership in the HOUSTON-
GALVESTON AREA COUNCIL; and
,- :.
WHEREAS, the By-Laws',of the Houston-
Galveston Area Council requires the appointment of
a duly elected repre~entative' of each of the
governmental units for the year 1987.
, NOW,: THEREFORE, : B'E, ITRESOL VED BY THE,
CITY COUNCIL,OF THECITY:OF WEST'UNIVESITY PLACE,
TEXAS:
Secti on''!. ': That Counci 1 member C. Boone'
Schwartzel :,' .be" and"he- is: hereby', designated as
its representative to the General Assembly of the
Houston-Galveston Area Council for -the year 1986.
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Section2:~ cThat the,cifficial Alternate
authorized to serve as the voting delegate should
the hereinbefore named delegate' become inelig;ible,
absent, or should he resign, is'Councilmember
Beth Ann Bryan :i.' ::,. ': '" ",
Section 3. That thefxecutive Director
of the Houston-Galveston Area touncil be noti~ied
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Regular City Council Meeting, November 24, 1986'
of the designatio,n of the hereinabove named
delegate and alternate.
PASSED AND APP.ROVED,this 24th day of
November',- 1986. , ; ''; · ',- ,
Councilmembers Voting Aye:
Councilmembers Voting No:
Counci lmembers Absent:'
Mi chaelL. Parks, Mayor
ATTEST:
Audrey Nichols; City Secretary
(SEAL)
APPROVED AS TO FORM:
James L. Dougherty, Jr.,
Motion was made by Councilmerilber Higley, seconded by Councilmember
Bryan that Resolution 86-10 be adopted as. read.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None I _ '
Councilmember Cummings (resigned)
PHASE 1. PRIORITY AREA 1 SANITARY SEWER RENOVATION: Consideration
was given to staff's recommendation to award the contract for
construction of Phase 1, Priority Area 1 Sanitary Sewer Renovation
Project in West University 1st Addition.
The 10wpidder had withdrawn his bid and the receipt of Bid Bond
form had been executed in accordance. with instructions from the
City Attorney.
Motion was made by Councilmember Bryan, seconded by Councilmember
Higley, that City Council award the .contract to the second low
bidder on this project to Whitelak, Inc.~ of Houston, Texas, at
their ,bid amou,nt of $754,175.00.'
Voting Aye: Mayor Park~, Co~ncilmembers Higley, Bryan,
Schwartzel '
Voting No~None '
Absent: ' Councilmember'Cummings (resigned)
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Regular City Council Meeti,ng, ',No,vember "24~ 1986
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LEASE AGREEMENT - 4213 BELLAIRLSTREET: Consideration was given to
authori z i ngthe Mayor ,"t.oexecute:a Lease Agreement' between the
City and John L. Thoede & Son Company, Inc., for the premises
situated at 4213 Bellaire Street" Houston, Harris County, Texas.
",r'
Motion was made byCouncHmember Hi.gley, seconded by Councilmember
Bryan, that City Council authorize Mayor Parks to execute the
Lease Agreement between'tbetityand John L. Thoede&'Son Company,
Inc., for a term of 60 months, commencing on January 1, 1987 and
ending on December 31, 1991, unless sooner terminated as provided
within the lease agreement. .
Voting Aye:
Voting No:
Absent:
Mayor Parks ,Gounci 1 members Higley, Bryan,
Schwartzel
None, ,
Councilmember 'Cummings (resigned)
MEDICAL SERVICES AGREEMENT: Consideration was given to authorizing
the Mayor to execute an Agreement'for Treatment of city employees
by the AMI Twelve Oaks Hospi'tal for on-the-job injuries, seven
days a week and 24 hours"a.daYiunderthe conditions outlined in
the Agreement.
r
Motion was made by Councilmember Higley, seconded byCouncilmember
Bryan, that City Council authorize Mayor Parks to execute the
Agreement for Treatment of city employees by AMI Twelve Oaks
Hospital as presentedJ "
Voting Aye: co' Mayor'Parks~ Coul1cilmembersHi gley" Bryan,
Schwartzel ' ,
Voti ng No: None' , ,
Absent: Counctlmember Cummings (resigned)
RESERVES ,AND DESIGNATIONS: Consideration was given to'approving
adj u s tments to the reserves and" des i gna t ions of fund ba 1 ance;
superseding all prior existing reserves and designated fund
balances; and establishing'all amounts not so designated or
reserved herein as undesignated account balances as follows:
'1_' !',General Fund
1985
Reserves & Designations
Descri pti on
1986
Recommendations
[
$ 45~OOO.00'
44,491.50
23,934.16
-0-
10,000.00
80,000.00
25,000.00
'1.
, ,2.
3~
Reserve Land Purchase
Reserve for Encumbrances
Reserve'for:Unful1dedAccrued
Liabilities ~ Sickleave
4. Reserve for Note Payable
5. Designation - Emergency
PatroJ Car
6. Designation 'Emergency Solid
Waste Truck
7. Des,i gnati on - Emergency
$
-0-
" _ 44,491.50
'18,655.20
200,000.00
-0-
-0-
-0-
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Regular City Council Meeting, NOVember ,24; :1986"
15 ,000. 00 '
100,000.00
-0- "
Colilrfluntcation,'Equi'pment ',<,,~-
, 8. Des igna,tfori': .>Fi fe, 'Tru'cK "'::,' :2'00,000.00
Replacement,.""
9. >Des ignati on '- 'Se 1 fInsurance , ," -0-
Contingency
10.Destgnation -"loss Contingency' }iOn,nnn nn
$ 2,002,312.05
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* $1,538,406.36
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$ 25,000.00
115.00
277,000.00
5,000.00
25,000.00
100;000.00
$ 1,462,362.27
$,
l~,Reser~e for ,Charter
Water, Sewer 'Contingency
2. Reserve for,.Encumbrances
3. " Reserve' for' Notes Payable "
4. Reserve for Unfunded
cAccrued,Ltabiljties,:~ Sickleave
5. Designation-"Equipment ..
Replacement ,,' '" ,
6. Designation'~,EmergencyRepair 200.000.00
-0-
115.00
277 ,000.00
7,473.60
-0-
Retained Earnings -
* $
, .
1,869,148.15
Voting Aye:
Voting No:
'Absent:
Mayor Parks; Councilmembers Higley, Bryan,
Schwartzel ,-, ,
None , , , . " , ,
Counci lrnember Cummi ngs (resi gnec;l) ,
, , ,
1986 AUDIT ENGAGEMENT LETTER: Consideration was given to
authorizing the city Manager to execute the Letter of Engagement
for the audit of financial statements for the year ended'December
31, 1986.
Motion was made by Councilmember Higley, seconded by Councilmember
Bryan, that City'Council authorize the City Manager'toexecute the
Letter of Engagement ~ith Peat, Marwick, Mitchell )'Co. for the
audit of financial statements for fiscal year 1986" q,t, the agreed
upon fee estimate of $17,500.
Voting Aye: ',Mayor Parks, Councilmembers Higley; Bryan,
Schwartze,l
Vbting No: , None _
Absent: Councilmember Cummings (resigned)
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Regular City Council Meettng, November 24, 1986
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ENGINEERING SERVICES FOR VARIOUS UTILITY RELATED PROJECTS:.
Considerationwas,given to the invoices submitted byLangford
Engineering Inc., for engineefingservices on various util ity
relatedprojec~s 'for a total ,amount of $19;308.44 as' fellows:
a) Invoice in the, amount of $1,413.78 for Priority Area No.1
Water ,Pemberton and Be 11 eCourt Subdivisions
b) Invoice in the amount of $1,330.63 for Priority Area No.1
Sanitary Sewer ,W ~U. ,1st ,Addition
c) Invoice in the amount of $2,493.90 for Priority Area No.1,
Phase 2, Sanitary Sewer in W.U. 1st Addition
d) Invoice in the amount o't$14,070.13 for Prior,ity Area No.2
Sanitary Sewer, College,;Court Addition '
Motion was made by Councilmember Higley, seconded by Councilmember
Bryan, that the invoic~s,submittedby:Langford,Engineerinig Inc.,
be approved for paymentas,1.isted., '
/'
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Voting Aye:
Voting No:
Absent:
Mayor ,Parks, Councilmembers Higley, Bryan,
Schwartzel
None' (,' <
Counci.lmember Cummings (resigned)'
SURVEY SERVICES ,FOR UTILITY 'RELATED SERVICES! Consideration was
given to the invoices submitted by Topco Co., Inc.~for survey
services for Priority Area No.1, Phase 2 Sanitary Sewer, W. U.
,1st Addition' for,a totalamou~t of $12,309.25 as follows:
I"
a) survey services through October. 16,1986 in, the amount of
$6,144.00 '
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b) survey services through, November 7, 1986 in the amount of
$6,165.25, ,,' , ,
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Motion was made by Councilmember Higley, seconded by Councilmember
Bryan, that the invoices submitted by Topco Co., Inc., be approved
for payment as listed. '
Voting'Aye:
Voting No:
,Ab.sent:
Mayor,Parks~Cooncilmembers Higley, Bryan,
~Chwa rtze 1 ., .. ' :
None
CouncHniember, Cummi ngs' (resi gned)
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WATER WELL #9 REPAIR: Consideration was given to the invoice in the
amount of $7,759.77 submitted by Layne Texas Company for repairs
on the 350 HP', US motor;, for,:water well #9. ' ,
, )
Councilmember Bryan suggested the labor charge in the amount of
$6,175.00 be i temi zed'." Mayor Parks y..ecommended, City Counci 1 take
no action on the invoice until such time as that information is
received.
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Regular City Council Meeting, ~NQvember_24, :1986 c ,
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COUNCIL CQMMENTS: Counci;1member 'B,ry:an' rcommented that the< ,City had
,received Lthree lette,r:s of icommendat;..on to -the-Po l-i ceDepartinent
nami ng'Detecti ve Johnston" ,OffJae..r:<iBr.ye and Offi ceir Casmari k and
requested Council's appreciati.on.-be,extended to tho.se members of
the Police Department.
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STAFF REPORT:-, Gity "Manager, Mr. 'Rockenbau,gh, suggested ,those
planning to attend the meeting in Bellaire to notify him. Mr.
Rockenbaughcalso suggested that the Cocoa Cola-Water Tower item be
discussed at the next;workshop'scbeduled for December 4. Copies
of "City Currents" were distributed to, Council for theirlapproval
before -going to print~ ',~
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HOUSTON LIGHTING & POWER COMPANY RATE REQUEST: The City Attorney
proposed the amendment to. Ordinance:Number 1271 ,be (,inserted at the
end of Secti on, 3 "of ;Jthe 'o~di;nance ;a~ fallows:
"If 'HL&P provides refund to::customersin other cities for time
periods after July 1,. 1986; !but ':befQre' the effective date of the
rates required by this ordinance (the",refund Period",),i't shall
provide the same treatment to customers within the City. If HL&P
does not provide such <refunds to customers within the City before
January 31, 1987, HL&P shall, -:befor.e 'February 15, 1987, provi de to
the City a written statement showing,the amounts paid by customers
within ,the City during,Jthe'refundperiodwhich are in excess of
the amounts which would have been paid by those customers if they] I
had been located in an'"unincorporated area during the Tefund
period".' ,,' ;-;;"-,:0," ,
. - , , ,
Mayor Parks addressed Mr., Berntsh ,and inquired if (the amendment
stated HL&P's intent. ' Mr. Bernich replied that it was the
'company"s intent to:treat';al:1,thei:n"customers the,~ame and that it
was their intent to get all the rates in all jurisdictions the
same. Mr. Bernich further stated that it was the intent of HL&P
to make a refundsome:time;ljn"d:ebnuary or March. . After
discussion, City Council concurred that the time frame in the
amendment to Ordinance Number 1272 be changed to read before March
31, 1987, ,and before'Apnil 15,'1987.';
~ . ~ .
The City Attorney asked if waiving the Notice of Hearing was a
problem to HL&P. Mr. Bernich stated that such waiving of Notice
of Hearing was no problem.:',It:was ijL&P's, intent tQ,expedite the
City's ordinance as much aspossjble~
Motion, was made byCounci]member:Schwartzel, seconded by
Councilmember Higley; that Ordinance Number 1272 be adopted as
amended.
Voting Aye:
Voting No:
Absent:
.. Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
,None,,- :' = ;' " " ,
Councilmember C~mmings (resigned) "
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Regular City Council Meeting, November 24, 1986
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CITY COUNCIL MEETING MINUTES: Minutes of the regular meeting of
City Council on November 10, 1986, were presented for
consideration.
o
Motion was made by Councilmember Bryan, seconded by Councilmember
Higley, that the minutes of the regular city council meeting on
November 10, 1986, be approved as submitted.
Voting Aye: Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
Voting No: None
Absent: Councilmember Cummings (resigned)
, ADDENDUM TO AGENDA Consideration of Update of Asbestos Removal and
Miscellaneous Work Contract for Remodeling of City Hall: The City
Attorney advised that the settlement with David Evans Contracting,
Inc., was progressing. We have been informed that the contractor
was now involved with another law suit with another contractor,
but the City was not involved. It appears that the sub-
subcontractor's employees were not paid their wages. The City is
not a party in the case. Apparently this will not be settled at
the time the City settles with the Evan's Company. Mr. Dougherty
recommended the City go ahead and settle with the Evans Company.
City Council concurred and no further Council action was required
at this time.
ADJOURNMENT: With no further business to come before Council at
this time, motion was made by Councilmember Schwartzel, seconded
by Councilmember Bryan, that the meeting adjourn. Such motion
carried and the meeting adjourned at 8:13 p.m.
~Qj
Michael L.Parks '
Mayor
A~
City Secretary
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REGULAR CITY COUNCIL MEETING
,DECEMBER 8,. :1986 -
".]::30 J~.M~',-
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City Council convened i,n regula,r -session ,in the City Hall Council
Chamber, 3800 University Boulevard, in the City of West University
Place, on Monday"2Decembet..g,;,,,'1986;withi,the following members present:
Mayor Parks, presiding; Councilmembers Higley and Bryan. Also present
were the Director of Administration, City Secretary, City Attorney and
Director of',Operations~ ,Mayor 'PrJo' Tern:, Higley del;vered\ the invocation
and led the Allegiance to the Fl~g.
, : --~ " "'" ,
HEARING OF RE:SIDENTS: ,Mayor P'a~ksjnvited,residents to speak who had
matters 'they, wished' to' ,b~;:ng':to the' attention of the City Council
.which had not previously,b~en:sllbmitted to ,the City Manager.
I "
Caschca:dSchade" . A143 Marlowe"i,'addressed City ,Council concerning
the residence at 4137 Marlowe.- She requested consideration be
givenl'to clarifying the: definition in the City's',zoning' ordinance
of IIfamilyll.' 4137 Marlowe is' the'r.esidence ,for, as, many as 20 or
more people at a time.: :Whenque,stioned, the people state they are
a:ifami'ly., However,;:Mrs~; Schade has reason ,tOi believe that the
house is bei ng used as a temporary home for persons comi ng from c:
another country. II Fami lyll, as now defi ned in the zoni ng
ordinance, is somewhat ,vague 'tn, relation to this particular
situation which causes an enforcement problem. -
Counci lmember Schwartzel- came 'in: at 7:35 P.M. Mayor ,Parks thanked
Mrs. Schade for her comments and assured her the matter woul d be
thoroughly investigated to determine the appropriate action from
city staff.
CITIZENS RESPONSE TO AGENDA ITEMS: Mayor Parks invited residents who
wished to address a specific agenda item to speak at this time.
There were none present who wi shed to speak concerning an agenda
item.
ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: Councilmember Bryan
requested agenda ltem NO. /, WAitK WtLL #9, and item No. 10, CITY
HALL LOAN PA YMENT , ,be removed from the consent ageneJa':'
Councilmember Higley requested agenda item No.9, PEMBERTON AND
BELLE COURT SUBDIVISIONS WATER PROJECT, PRIORITY AREJr'NU:-1-;-5e
removed from the consent qgenda.
CONSENT AGENDA: Motion was made by Councilmember Bryan, seconded by r~
Counc i 1 member Hi g 1 ey, that with the exception of agenda, items No. I
7, No.9 and No. 10, the consent agenda be approved in accordance ILJI,
with staff recommendation.
-'
Regular City Council Meeting, December 8, 1986
11"~ ,
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Voting Aye:
Voting No.
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Councilmember Cummings (resigned)
METROPOLITAN TRANSIT AUTHORITY BOARD MEMBER: P. J. Leonetti,
Member of the Metro Transit Authority Board of Directors
representing MTA cities other than Houston, addressed Council.
She stated that MTA was considering some very significant
decisions such as a system connector within the transit ways. MTA
is also looking at various technologies and the possibility of
using the private sector for analysis of the technologies.
Councilmember Bryan inquired if the Edloe Station is still
proposed. Ms. Leonetti, responded that it was still under
consideration, but a final decision had not been made.
Mrs. Leonetti discussed the City's Survey for a circulator bus
within West University and assured Counci1 she would follow
through with MTA's analysis and response.
BUDGET AMENDMENT: Consideration was given to the second reading of
Ordinance Number 1273. Mayor Parks read the caption as follows:
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AN ORDINANCE AMENDING' ORDINANCE NUMBER 1245 WHICH APPROVED THE
BUDGET OF THE CITY OF WEST: UNIVERSITY PLACE, TEXAS, FOR THE FISCAL
YEAR BEGINNING JANUARY 1, 1986, AND ADOPTED ON OCTOBER 28, 1985.
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Motion was made - by ~ "Councilmember Schwartzel, seconded by
Councilmember Higley,' 'that Ordinance Number 1273 be adopted on
second readi ng. ; i r -
'Voting' Aye: Mayor Pa,rks,:,Councilmembers H,ig]ey,. Bryan,
, SchwartzeJ i' :'
; Voti ngi No'., ' NOIae . , , ,',
Absent: Councilmember Cummings (res.igned)'
WATER WELL #9 REPAIR: Consideration was given to the invoice in the
amount of $7,759.77 submitted: bY, Layne Texas Company for repairs
on the 350 HP US motor for water well #9: Councilmember Bryan
asked if the $6,175.00 labor,' charge could,,' be clarified.
Superintendent of Utilities, R. E. Simpson, stated that the labor
charge was for rewinding the' entire' motor and replacing the
bearings. Armature Co. worked over time for 3 days so that the
City could have..-tbe<'motor 'operable as soon'as poss,ible.. ','
Motion' was' made by:"CDuncilniember Bryan, seconded by Councilmember
Schwartzel, that the invoice in the, amount of $7,759.77 submitted
by Layne Texas Company be, approved for payment~
Voting Aye:'
. : Mayor Parks, Councilmembers Higley, Bryan,
. Schwartzel" ,; "c, ' ,'- "
None
Councilmember Cummings (resigned)
Voting No.
Absent:
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Regular City Council Meeting, December 8, 1986
PRIORITY. AREA NO.2. PHASE 1 WATER: Consideration was give to Uii,
awardi ng the contract for constructi on of Pri ori ty Area No.2,
Phase 1, Water Project in the Rice Court and Monticello
Subdivisions.
Motion was made by Councilmember Bryan, seconded by Councilmember
Higley, City Council acce'pt,staff's recommendation and award the
contract for constructi on of Pri ority Area No.2, Phase 1, Water
Project in the Rice Court and Monticello Subdivision to the low
bidder, Ella Contracting Inc., at their bid price of $543,472.84.
Voting Aye: Mayor Parks, Council members Higley, Bryan,
Schwartzel
Voti ngNo . -None
Absent: Councilmember Cummings (resigned)
PEMBERTON AND BELLE COURT SUBDIVISIONS WATER PROJECT, PRIORITY AREA NO.
1: Consideration was given to (a) Monthly Estimate No. lin the
~. amount of $29,826.63 submitted by Ella Contracting Inc., for work
completed on the, wate~project through November 30, 1986, and (b)
to the request for Extension of Time submitted by the contractor
to cover three rain days.
Councilmember Higley asked if there was a possible conflict with
the credits and charges to be reimbursed by Fi del ity and Deposi t
Company of Maryland with the amount submitted for payment by Ella 01['
Contracting.
Mr. Simpson stated the items were not contingent on the settlement
with Fidelity & Deposit. The dollar amounts were set prior to Ella
Contracting going onto the jobsite.
Motion was made by Councilmember Higley, seconded by Councilmember
Schwartzel, that City Council approve, for payment Estimate No. 1
in the amount of $29,826.63 submi tted by Ell a Contracting and
approve the Request for Extension of Time to the contract.
Voting Aye:
Voting No.
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Councilmember Cummings (resigned)
CITY HALL LOAN PAYMENT: Consideration was given to the invoice in
the amount of $23,900.00 submitted by Texas Commerce Bank-Chemical
for $20,000 principal plus $3,900 interest for the loan payment.
Councilmember Bryan asked when the City received notice the
payment was due. Director of Administration, Donna Sims, advised
the Notice of Payment Due was received too late for Council's 'Ui
consideration before the November 26 due date. Ms. Sims stated
the bank assured her that in the future, the Payment Due Noti ce
would be mailed in an appropriate time frame.
Regular City Council Meeting, Decemb<er 8,1986
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Motion was made by Counci lmember Bryan, seconded by Counci lmember
Higley, that the loan payment in the amount of $23,900 be approved.
Voting Aye:
Voting No.
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Councilmember Cummings (resigned)
LEGAL SERVICES: Consideration was given to the invoice in the
amount of $3,182.50,submitted for legal services provided on the
City's behalf for the month of November 1986.
Motion was made by Councilmember Bryan, seconded by Councilmember
Higley, that the invoice for legal services for the month of
November 1986 be approved for payment.
Voting Aye:
Voting No.
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel '
None
Councilmember Cummings (resigned)
COUNCIL COMMENTS: Councilmember Higley commented the City received a
letter praising Judge Taylor for the manner in which he conducted
court, and she felt Judge Taylor, should be congratulated.
Councilmember Higley recommended city staff investigate -the
residence at 3010 Rice Blvd., for possible building and health
violations.
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STAFF REPORT: The Director of Administration advised City Council
that the City Manager was expected to be present for the workshop
session scheduled immediately following the regular city' counci 1
meeting.
CITY COUNCIL MEETING MINUTES: Minutes of the regular city council
meeting on November 24, 1986, were presented for consideration.
Motion was made by Councilmember Bryan, seconded by Councilmember
Higley, that the minutes of the regular city council meeting on
November 24, 1986, be approved as submitted.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Councilmember Cummings (resigned)
ADJOURNMENT: With no further business to come before Council at
this time, motion was made by Gouncilmember Bryan, seconded by
Councilmember Schwartzel, that the meeting adjourn. Such motion
carried and the meeting adjourned at 8:05 P.M.
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Regular City Council Meeting, Oetember 8, 1986
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,REGULAR CITY COUNCIL. MEETING
DECEMBER 22, 1986 "
7:30 P.M.
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City ~'ou.n~il (onvet1ed;in r;egular session in the City Hall Council
CharrtfY€t:..tl~QQ/~nive""r-Si-tyaofjlevard,in the City of West University
Place, on Monday, December 22, 1986, with the following members
present: Mayor Parks, presiding; Councilmembers HigleYt Bryan, and
Schwartzel. -Councilmember.Cummings was absent (re,signed). Also
present were the Director of Administration, City Secretary, City
Attorney, Director of Operations and the Superintendent of Utilities.
The City Manager was absent.' M(!.yor Parks delivered the invocation and
led the Allegiance to the Flag~'
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HEARING OF'RESIDENTS: Mayor Parks invited residents to speak who had
matters they wished to bring to the attention of the City Council
which had not previously been submitted to the City Manager.
There were none present who wished to speak.
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CITIZENS RESPONSE TO.AGENDAITEMS:'Mayor Parks invitedresi dents who
wished to address a specific agenda item to speak at this time.
There were none present who wished to speak concerning an agenda
item.
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ITEMS TO BE REMOVED FROM THE CONSENT AGENDA: No member of City
Council suggested removing'an' item, from the consent agenda.
CONSENT AGENDA: Motion was made by Councilmember Higley, seconded
by Councilmember Bryan, that the consent agenda be approved in
accordance' wi th ,: staff recommendati on.
Voting Aye:,; Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
Voting No: None
Absent: ' Councilmember Cummings (resigned)
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PROCLAMATION: ,Mayor Parks pres~nted.and iread a Proclamation
designating December 31, 19a6~ as l3aylor University Day in the
City.
Moti on was made by Counci 1I'l1emberH,igley, seconded, by Counci lmember
Bryan, that the Proclamation be accepteo as r~ad.
Voting Aye:
Voting: No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None ^ -
CouncilmemberlCummings (resigned)
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Regular City Council Meeting, December 22, 1986
SOUTHWESTERN BELL TtLEPHONE.CONTRACT:, Consideration was given to ::,l
authorizing the Mayor to enter i'nto a Lease Purchase Agreement and
Maintenance Agreement fo~ telephone equipment to serve the
following divisions: ,. ~
Administrative
Finance.
Inspection/Permits
Li brary
Water I"J
Community Center
Colonial Park
Legislative
Purchasing
Municipal Court
Operations,
Scout House
Senior Services
Fire
and in addition, the overall General ,Terms and Conditions of the
Equipment Lease/Purchase Agreement.
The City Attorney advised Council the contracts were complete and
recommended them for approval.
Motion was made by Councilmember Higley, seconded by Councilmember
Bryan, that Mayor Parks be authorized to enter into the Lease
Purchase Agreement and Maintenance Agreement for each division as
well as the Overall Genera,l Terms and Conditions of The Equipment
Lease/Purchase Agreement with Southwestern Bell Telephone as
presented.
Voting Aye:
Voting No:
Abs-ent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Councilmember Cummings (resigned)
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SPECIAL ELECTION: Consideration was given to appointments ~f '
election judges for polling places, for the special city election
to be held January 17".1987., One previously appointed judge
resigned to become a candidate; another judge moved out of the
des i gnated preci net. ' Mayor Parks presented and read the capti on
of Ordinance Number 1274 as follows~
AMENDING ORDINANCE NUMBER 1270, PASSED AND APPROVED NOVEMBER
10, 1986, ORDERING A SPECIAL ELECTION TO BE HELD ON JANUARY
17, 1987, TO FILL-A VACANey IN THE OFFICE OF,COUNCIL MEMBER
OF THE CITY OF. WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT.
Copies 10f,Ordinance Number 1274, in,the form required for
adoption; were available to al~ members of City Council and a
reasonable number of additional copies available to interested
citizens present.
Motion was made by Councilmember Schwartzel, seconded by U
Councilmember Bryan that Ordinance Number 1274 be adopted on the I
first and final reading as presented.
Regular City Council Meeting, December 22, 1986
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Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
, None, "', ,
Councilmember Cummings (resigned)
UTILITY APPLICATIONS; DEPOSITS: ;Cons~deration was given to the first
reading of Ordinance Number 1275. Mayor Parks presented the
ordinance and read the ~aption 'as fol~ows:
AN ORDINANCE RELATING:TO APPLICATIONS FOR WATER, SEWER AND
GARBAGE SERVICES: CONTAINING PR0VISIONS RELATING TO DEPOSITS
TO SECURE PAYMENrS FOR SUCH-SERVICES; AMENDING\THE CODE OR
ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE AND REPEALING
SECTION 23-22 OF SAID CODE; AND CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT.
Copies of Ordinance Nu~ber 1275, in the form required for
adoption, were availableto,aill,members of City' Council and a
reasonable number of'addit;.onaTcopies available to interested
citizens present. ,
Motion was made by Counc;lmemberBryan, seconded by Councilmember
Schwartzel, that Ordinance Number 1275 be accepted on first
read; ng as preserited. :, ~ :)~"I ( ,
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Voting Aye:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
,None '( ,I; " ,
Councilmember, Cummings (resigned)
Voting ,Nol:
Absent:
WATER LINE REPLACEMENT PRIORITY AREA NO .'7; COLLEGE COURT:
Consideration was given to the'recommendation to change the
priority designation for the water line replacement in College
Court Subdivision from Priority Area, No. 7.to Priority Area No.3
and authorize the engineering'servic@s for the project.
Motion ,was .made byCouhci'lmember Hiig1ey, seconded,by Counci lmember '
Bryan, that City Council accept staff's recommendation and
authorize~Langford-Engineering,InQ~ to_prepare:the:PJans=and '
Specifications,forwaterl dmprovementsin the: College 'Court
Subdivision. '
Voting Aye: Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel ',;,
',:Voting No:,,' :None.;,c::, ,:,;j :'-"~' ,''',
" Absent': .: ) .. Counc!i] member::, Cummi ngs (-res i gned)
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SANITARY SEWER RENOVATION PHASE; 1; PRIORITY AREA NO, 1,: WEST_ UNIVERSITY
1ST ADDITION: ; Consideration wa;s:given"to staff,'s,r,ecommendation to
approve Change Order No.1 to the contract with Whitelak Inc., for
construction of Sanitary Sewer Renovation Phase 1, Priority Area
No.1, West; University, Ist"'Addition,:.
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Regular City Council Meeting, December 22,- 1986
Motion was made by Councilmember Higley, seconded by Councilmember :]1:',
Bryan, that the Whitelak. Inc.", contract Change Order No. 1 in the
amount of $51,901.60 be approved.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
'Schwartzen ," ,
None
Councilmember Cummings (resigned) ,
ENGINEERING SERVICES 'FOR VARIOUS UTILHY RELATED PROJECTS:
Consideration was given to invOices 'submitted by Langford
Engineer'ing Tnc., forie'ngin'eeri'ng $'ervices' on various uti 1 ity
related projects forat'dtaT 'amount of $29,115.86
(a)
Invoice in the ali1b'unt"'of$395.46 for Cleaning of the 36"
Outfall Line on Brompton
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:(b)
Invoi ce in the amount' of '$'52.32 for Pri ority Area No. 1
Phase 1, Sanitary Sewer, West University 1st Subdivision
Invoice in the amount of $13,797.78 for Priority Area
No~ ~ Water;'Rice Court and 'Monticello Subdivisions
(d) Invoice in the amount of $4,911.30 for Priority Area No.
1 phase 2 Sanitary Sewer, West University 1st Subdivision
(c)
(e) Invoice in the am6untof'$-9,959.00 for Priority Area No.
2 Sanitary Sewer, College Court Subdivision
Motion was made by Councilmember Higley, seconded by Councilmember
Bryan, that the invoices submitted by Langford Engineering Inc. be
approved for ~ayment as 1 i sted.' ,
Voting Aye:
Voting No:
) Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Councilmember'Cummings (resigned)
COUNCIL COMMENTS: ' Councilmember'Higleywelcomed ScoutMaster Bob
Gray and members of the"Saint.John Scout Pack No. 55 to Council
Meeting. The scouts are working toward earning their Citizen and
Community Badges.
Councilmember Bryan expressed how pleased she was with the City
Hall Christmas lights and publicly' thanked Councilmember
Schwartzel for his suggestion the lights be purchased this year.
STAFF REPORT: Director of Administration, DOnna Sims, invited the
Mayor and members of COuncil'to theeinp'loyees Christmas Luncheon
on Christmas Eve. ' '
CITY COUNCIL MEETING MINUTES:" Minutes, of the regular city council
meeting on December 8, 1986, were presented for consideration.
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Regular City Council Meeting, December 22, 1986
Motion was made by Council member Bryan, seconded by Councilmember
Schwartzel, that the minutes of the regular city council meeting
on December 8, 1986, be approved as submitted.
Voting Aye:
Voting No:
Absent:
Mayor Parks, Councilmembers Higley, Bryan,
Schwartzel
None
Councilmember Cummings (resigned)
ADJOURNMENT: With no further bu~iness to come before Council at
this time, motion was made by Council member Schwartzel, seconded
by Councilmember Bryan, that the meeting adjourn. Such motion
carried and the meeting adjourned at 7:40 P.M.
Audrey Nichols
City Secretary
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Michael L. Parks
Mayor
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