City of West University Place A Neighborhood City CITY COUNCIL STAFF Susan Sample, Mayor David J. Beach, City Manager Mardi Turner, Mayor Pro Tem Alan Petrov, City Attorney Bob Higley, Councilmember Thelma Gilliam, City Secretary Kellye Burke, Councilmember Kevin Boyle, Councilmember City Council Meeting Agenda Notice is hereby given of a regular City Council meeting of West University Place to be held on Monday, April 8, 2019 beginning at 6:30 p.m. in the Municipal Building located at 3800 University Boulevard, West University Place, Texas, for the purpose of considering the following agenda items Note: All agenda items are subject to action. The City Council reserves the right to meet in a closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. Call to Order Matters related to the notice of this meeting Pledge of Allegiance 1. Water Safety Month Matters related to a Proclamation in observance of Water Safety Month. Recommended Action: Read Proclamation to proclaim May 2019 as Water Safety Month in the City of West University Place. Mayor Sample [see Proclamation] 2. Safe Digging Month Matters related to a proclamation in observance of Safe Digging Month. Recommended Action: Read Proclamation and proclaim April 2019 as Safe Digging Month in the City of West University Place. Mayor Sample [see Proclamation] 3. Public Comments This is an opportunity for citizens to speak to Council relating to agenda and non-agenda items. If the topic the speaker wishes to address is on the agenda, the speaker can either speak at this time or defer his/her comments until such time the item is discussed. Speakers are advised that comments cannot be received on matters which are the subject of a public hearing once the hearing has been closed. Public comments must be kept relevant to the subject before the Council. The presiding officer shall rule on the relevance of comments. Persons making irrelevant, personal, impertinent, or slanderous remarks may be barred by the presiding officer from further comment before the Council during the meeting. Speakers are required to register in advance and must limit their presentations to three minutes each. 4. Utility Billing Update Matters related to updating City Council on staff’s progress in moving forward with paperless utility billing statements. Recommendation Action: Discuss and take any desired action. Ms. Marie Kalka, Finance Director [see Agenda Memo 4]
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City of West University Place A Neighborhood City
CITY COUNCIL STAFF Susan Sample, Mayor David J. Beach, City Manager Mardi Turner, Mayor Pro Tem Alan Petrov, City Attorney Bob Higley, Councilmember Thelma Gilliam, City Secretary Kellye Burke, Councilmember Kevin Boyle, Councilmember
City Council Meeting Agenda
Notice is hereby given of a regular City Council meeting of West University Place to be held on Monday, April 8, 2019 beginning at 6:30 p.m. in the Municipal Building located at 3800 University Boulevard, West University Place, Texas, for the purpose of considering the following agenda items
Note: All agenda items are subject to action. The City Council reserves the right to meet in a closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code.
Call to Order Matters related to the notice of this meeting Pledge of Allegiance
1. Water Safety Month
Matters related to a Proclamation in observance of Water Safety Month. Recommended Action: Read Proclamation to proclaim May 2019 as Water Safety Month in the City of West University Place. Mayor Sample [see Proclamation]
2. Safe Digging Month Matters related to a proclamation in observance of Safe Digging Month. Recommended Action: Read Proclamation and proclaim April 2019 as Safe Digging Month in the City of West University Place. Mayor Sample [see Proclamation]
3. Public Comments This is an opportunity for citizens to speak to Council relating to agenda and non-agenda items. If the topic the speaker wishes to address is on the agenda, the speaker can either speak at this time or defer his/her comments until such time the item is discussed. Speakers are advised that comments cannot be received on matters which are the subject of a public hearing once the hearing has been closed. Public comments must be kept relevant to the subject before the Council. The presiding officer shall rule on the relevance of comments. Persons making irrelevant, personal, impertinent, or slanderous remarks may be barred by the presiding officer from further comment before the Council during the meeting. Speakers are required to register in advance and must limit their presentations to three minutes each.
4. Utility Billing Update Matters related to updating City Council on staff’s progress in moving forward with paperless utility billing statements. Recommendation Action: Discuss and take any desired action. Ms. Marie Kalka, Finance Director [see Agenda Memo 4]
City Council Meeting – April 8, 2019
5. West U Recreation Center Improvements Matters related to customer service and security improvements at the Parks and Recreation Center. Recommendation Action: Discuss and take any desired action. Ms. Susan White, Parks and Recreation Director [see Agenda Memo 5]
6. Drought Contingency Plan Matters related to an ordinance adopting the Water Conservation and Drought Contingency Plan for the City of West University Place. Recommended Action: Approve Ordinance adopting the Water Conservation and Drought Contingency Plan for the City of West University Place. Mr. Patrick Walters, Operations Superintendent [see Agenda Memo 6]
7. Consent Agenda All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member requests in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.
A. City Council Minutes
Approve City Council Meeting Minutes of March 25, 2019. [see Action Minutes]
8. Adjourn
In compliance with the Americans with Disabilities Act, if you plan to attend this public meeting and you have a disability that requires special arrangements, please contact City Secretary Thelma Gilliam at 713.662.5813 at least 24 hours prior to the meeting so that reasonable accommodations can be made to assist in your participation in the meeting. The Council Chambers is wheel chair accessible from the west entrance and specially marked parking spaces are available in the southwest parking area. Special seating will be provided. I certify that the attached notice and agenda of items to be considered by the West University Place City Council on April 8, 2019 was posted on the Municipal Building bulletin board on April 4 , 2019 at approximately 10:00 o’clock a.m . _
(SEAL) Thelma A. Gilliam, TRMC, CMC, City Secretary
WHEREAS, residents of the City of West University Place recognize the importance of swimming and aquatic-related activities in promoting good physical condition and mental health and enhancing the quality of life for all individuals; and
WHEREAS, the residents of the City of West University Place understand the essential role that educating residents about water safety is essential to preventing drowning and recreational water-related injuries; and
WHEREAS, the residents of the City of West University Place recognize the importance of abiding by water safety rules established by nationally recognized organizations; and
WHEREAS, we recognize the contributions made by the recreation water industry, as exemplified by the Association of Aquatic Professionals, the National Recreation & Parks Association, the World Waterpark Association, the Texas Public Pool Council and the National Water Safety Month Coalition, in developing safe swimming facilities, aquatic programs, home pools and spas, and related events which provide healthy places to recreate, learn and grow, build self-esteem, confidence, and sense of pride which contributes to the quality of life in our community; and
WHEREAS, the residents of the City of West University Place recognize the ongoing efforts and commitments to educate the public on pool and spa safety matters and initiatives by the pool, spa, waterpark, recreation and parks industries; and
WHEREAS, the residents of the City of West University Place recognize the importance of communicating Water Safety rules and programs to families and individuals of all ages, whether owners of private pools, users of public swimming facilities, or visitors to waterparks;
NOW, THEREFORE, I, Susan Sample, Mayor of the City of West University Place do hereby recognize May, 2019, as
WATER SAFETY MONTH throughout the City of West University Place and urge all residents to support and endorse this observance by advocating for water safety and education of friends, family, and neighbors.
WHEREAS, each year, the nation’s underground utility infrastructure is jeopardized by unintentional damage by those who fail to call 811 to have underground lines located prior to digging. Undesired consequences such as service interruption, damage to the environment and personal injury and even death are the potential results; and
WHEREAS, the Common Ground Alliance and its 1700 members promote the national
Call-Before-You-Dig number, 811, in an effort to reduce these damages. Designated by the FCC in 2005, 811 provides potential excavators and homeowners a simple number to reach their local One Call Center to request utility line locations at the intended dig site; and
WHEREAS, through education of safe digging practices, excavators and homeowners can save time and money keeping our nation safe and connected by making a simple call to 811 in advance of any digging project; waiting the required amount of time; respecting the marked lines by maintaining visual definition throughout the course of the excavation; and finally, digging with care around the marks; and
WHEREAS, all parties agree that safe digging is a shared responsibility. To know what’s
below, call 811 before you dig.
THEREFORE, I, Susan Sample, Mayor of the City of West University Place hereby proclaim the month of April, 2019, as,
NATIONAL SAFE DIGGING MONTH
and encourage excavators and homeowners throughout the country to always call 811 before digging. Safe digging is no accident. IInn WWiittnneessss WWhheerreeooff,, I have hereunto
set my hand and caused the Official Seal of the City of West University Place to be affixed this 8th day of April, 2019.
Mayor Susan Sample
AGENDA MEMO BUSINESS OF THE CITY COUNCIL
CITY OF WEST UNIVERSITY PLACE, TEXAS
EXECUTIVE SUMMARY
During a workshop in September 2017, the City Council set one of their goals to “Continue to improve auto pay levels to eliminate paper billing etc. from 93% to 40%”. At the February 6, 2019 City Council meeting, staff discussed the progress towards meeting this goal and possible plans going forward. At the February meeting, City Council requested staff return at a later date with an update. Over the last sixty days, staff has implemented the following to encourage paperless billing:
• New customer form updated to default to e-statement unless resident opts out, • New envelopes promoting going green used to mail statements, • Notice in latest Spring City Currents encouraging residents to contact us to go to e-
statements, • Flyer enclosure with latest statements and message on statement requesting residents to
contact us to go to e-statements, and • Website and social media notices as well.
Staff will be presenting information outlining the progress being made and a plan to achieve the Council’s goal.
RECOMMENDATION Staff recommends that City Council discuss and take any desired action.
AGENDA OF: April 8, 2019 AGENDA ITEM: 4
DATE SUBMITTED: April 2, 2019 DEPARTMENT: Finance
PREPARED BY: M. Kalka, Finance Director PRESENTER: M. Kalka,
Finance Director
SUBJECT: Update on Electronic Billing for Utility Services
The West University Place Recreation Center was constructed in 2010 and over the years there have been some issues with access control and security. Staff met with the City’s Police Department and discussed ways to improve the access control and security of the facility and the main point raised during those discussions was the location of the customer service counter. The current customer service counter faces away from the main entrance and the proposed relocation of the counter will improve customer services, safety and access control for members, participants and visitors entering the Recreation Center. As mentioned the improvements will increase the customer service levels by positioning staff to greet customers as they enter the facility and providing management staff with more oversight and accessibility to assist with customer service issues. In addition, an access change to the downstairs viewing room will allow parents to enter the viewing room for swim lessons without going back and forth through the lobby to the pool. Staff approached the Friends of West U Parks to fund these improvements, which was approved by the Friends Board at their January 9, 2019 meeting up to $90,000. The City will incur the expenses and be reimbursed upon completion. The City received the following four (4) bids from qualified vendors:
AGENDA OF: April 8 2019 AGENDA ITEM: 5
DATE SUBMITTED: April 2, 2019 DEPARTMENT: Public Works
PREPARED BY: S. White, Parks Directors PRESENTER: S. White,
Parks Director
SUBJECT: West U Recreation Center Improvements
ATTACHMENTS: 1. Budget Amendment Ordinance 2. Friends Board Meeting Minutes – January 2019 3. General Services Contract with CZS Developers, LLC.
EXPENDITURE REQUIRED: $88,000
AMOUNT BUDGETED: None
ACCOUNT NO.: N/A
ADDITIONAL APPROPRIATION REQUIRED: $88,000
ACCOUNT NO.: 203-0000-43303 (Friends WUP Parks Fund)
After comprehensive review of all bids, it was determined that CZS Developers, LLC. was the lowest and most responsive bid. CZS Developers, LLC. has completed a variety of projects for the City and is a qualified firm capable of completing the necessary improvements for this project. The amount of $88,000 being requested includes $8,151 as contingency. The project is scheduled to begin this spring and be completed during the summer with the goal of minimal impact and disruption to daily operations. As required by Ordinance, a 2019 budget amendment is being requested to increase both revenues and appropriations by $88,000 to fund this project out of the Friends of West U Parks Special Revenue Fund. The contract will not exceed $88,000 per the “fund up to” amount of $90,000 approved by Friends of West U Parks Fund, Inc. The City Attorney has approved the contract per legal form.
RECOMMENDATION Staff recommends City Council take the following action: 1. Approve the Friends of West U Parks Fund, Inc., expenditure in an amount not to exceed $88,000. 2. Adopt an ordinance approving and adopting an amendment to the 2019 budget, and 3. Award the bid to CZS Developers, LLC. in an amount not to exceed $88,000 and authorize the City Manager to execute the contract for this project.
BIDCZS Developers, LLC 79,849.00$ Ecotech Builders, LLC. 84,550.00$ Southcoast Construction Services, Inc,. * 98,172.60$ Frost Construction Co., Inc. * 125,000.00$ * Incomplete bid submissions
City of West University Place Harris County Texas
ORDINANCE NO. XXXX
AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2019 AND ENDING DECEMBER 31, 2019; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY
WHEREAS, it is found and determined that changes in the current budget are necessary for municipal purposes and that amendments are necessary for emergencies of the kind contemplated by state law, and it is formally found, determined and declared that such emergencies exist;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the budget of the City of West University Place for the 12 month
period beginning January 1, 2019, and ending December 31, 2019 as heretofore adopted be, and it is hereby, amended as shown in Exhibit A attached.
Section 2. The City Council approves, adopts and ratifies the findings set out in
the preamble hereof and directs that the City Secretary file a copy of this ordinance with the county clerk, in the same manner as original budgets are required to be filed.
Section 3. All ordinances and parts of ordinances in conflict herewith are
hereby repealed to the extent of the conflict only. Section 4. If any word, phrase, clause, sentence, paragraph, section or other part
of this ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section, or other part of this ordinance to any other persons or circumstances, shall be affected thereby.
Section 5. 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 ordinance was discussed, considered, or acted upon was given in the manner required by the Open Meetings Act, Chapter 551, Texas Local Government Code, 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.
Section 6. The public importance of this measure and the requirement of the law
create an emergency and an urgent public necessity requiring that this ordinance be passed and take effect as an emergency measure, and a state of emergency is hereby declared. This ordinance is accordingly passed as an emergency measure and shall take effect immediately upon adoption and signature.
Section 7. This ordinance shall become effective upon adoption and signature.
PASSED, APPROVED AND ADOPTED ON FIRST AND FINAL READING on the 8th day of April , 2019.
(Seal) Attest: Signed: City Secretary Thelma Gilliam Mayor Susan Sample Recommended by: City Manager David Beach Approved as to legal form: City Attorney Alan Petrov
Exhibit "A"
City of West University Place, Texas Budget Amendment
2019 Budget Amendment April 8, 2019
2019 Amended Budget
Friends of West U Parks Special Revenue Fund Revenue
Friends of West U Parks -
88,000
88,000
APPROPRIATION
Construction Costs -
88,000
88,000
Friends of West University Place Parks Fund, Inc. Board Meeting Minutes
Wednesday, January 9, 2019
Friends of West University Place Parks Fund, Inc. (“Friends”) Board met on Wednesday, January 9, 2019 at 11:30 AM at the West University Place Recreation Center, 4210 Bellaire Blvd, Houston, TX. The following were in attendance: Board Members Sami Morrison Sarah Knysh Mark Prescott Dan Fertig Christine Parker Katie Hill Michelle Huth Stephen Jacobson Kelly Beth Hapgood Stephen Olson Grace Ebaugh Anna Stewart Judy Cheng
Executive Director Donna LaMond Staff Susan White City Council Mardi Turner Advisory Board Joni Fichter
Call to Order
I. The meeting was called to order at 11:32 am.
II. Welcome, Opening Remarks and Approval of Minutes – Sami Morrison Approval of Minutes - motion to approve the November 2018 minutes was made by Mark Prescott and seconded by Stephen Jacobson. Welcome to Stephen Olson, our newest board member. Later in the meeting, Susan White will present some proposed changes to the Rec Center’s lobby area. This was discussed at November’s meeting and Susan has answers to our questions: what else might Friends be asked to fund in the coming years? Her report will address that as well as other questions or concerns.
III. Treasurer’s Report – Christine Parker Distribution or current year end finances. We are still waiting on some final numbers, but a rough up-to-date report shows that we have 1.3 million in raised funds.
IV. Park Lovers’ Ball 2019 $237,090 UW and Sponsorships to date 98 auction items, fmv $84,259 This FMV does NOT include “experience” items that are priceless. We are still accepting items for the silent auction! We will continue with mobile bidding as we have in recent years.
Collecting and creating ads for the auction catalog scheduled to go to the printer by no later than next Tuesday. Working on bundling auction items into packages. We are planning to hand deliver the catalogs to guests and table hosts one week ahead of the ball as is our tradition. Invitations were mailing out between Christmas and New Year’s. Invitations were hand delivered to Southside Place as is our tradition. I have extra invitations in my office if anyone needs some. There is a PDF of the invitation also available for emailing to guests and friends. It is also on the website. Working on securing our TABC permit for the ball. Working on seating guests and building tables. Roughly 29 tables of true table purchases…such as the $3,000 and $5,000 tables, plus all of the couple seats, etc. Live Auction Highlights: Dinner for Four couples at home of Jose Altuve with his private chef Espy Awards Show South African Hunt Puppy Argentina Bird Hunt Prince Edward Island Getaway We need volunteers for day of set up between the hours of 9am and 3 pm. We need volunteers to help during the event, check in, check out, selling blink rings and helping with bid spotting We need volunteers to help with the breakdown at midnight. Whiskey needed for the whiskey blackjack!
V. City Council – Mayor Pro Tem Mardi Turner City Manager Chris Peifer is retiring and council is close to being able to announce his successor. Council elections are coming up in May. Please consider running. The deadline to file is February 15th. You are all invited to the Mayor’s Marathon Breakfast on Sunday, January 20th at City Hall. We have Christmas tree light collection points throughout the city. They are taken to the zoo and recycled. However, Colonial Park is NOT a collection point for lights. The beloved tradition of leaving Christmas trees at the East End of Colonial is welcomed by the city. But the lights MUST be taken off. Please spread the word for the 2019 season.
VI. Parks and Recreation Department – Susan White The first item to discuss is the need for funds for the Rec Center lobby area remodel. After asking for some preliminary bids, we feel comfortable asking for up to $90,000 to complete the project. Details of the change can be found in the November minutes. See attachment for parks that are slated for a refresh and what their general costs might be. This is through 2021. Of course variables can and will come up, but this will give you a good idea of what funds might be needed in the coming years. These refreshes will focus on utilization of the parks and enhancing the green space.
The West University Police Chief has met with Rec Center management and Parks & Rec Staff to make safety recommendations. This remodel addresses those safety concerns. This encompasses not only the front desk, but also better utilizes the management offices as well as the pool observation room. Turnstiles were discussed at the November meeting. After visiting Rice University, Susan concluded that the cost ($45,000 installed plus the needed software) does not make sense. Kiosks would also be expensive to staff and does not appear to be an ideal solution. After research and looking at many different options, Susan agrees with the West U Police Chief’s recommendation. The funding request was put to a vote: “Friends is in agreement to fund up to $90,000 for safety and customer enhancement improvements at the West University Place Recreation Center.” Sami asked for a motion to bring the matter to a vote. Christine Parker made the motion. The vote passed unanimously. Other Parks and Rec announcements: A new water fountain was installed at Colonial Park with a bottle filling feature. Wier Park was updated over the break. Unfortunately, the week it was painted was not ideal, but necessary dates had been pushed back for weather and other factors. Although the gate was zip-tied closed and signs were posted that the park was closed, several people hopped over the fence to use the park. This resulted in several white-paint handprints all over the park—on metal and plastic surfaces. This has taken a while to fix. There was some vandalism at Judson park over the break involving skateboarding on the tennis courts and part of the tennis court netting to be torn off. Police are investigating.
VII. Other Reports and Announcements - Donna LaMond
Katie Hill and Sarah Knysh are doing a great job of keeping up with our paver orders and keeping us on track. Thank you to them for taking that over from Michele Marvin. We just recently sold another paver.
Continuing to communicate with the donors regarding the Wier Park Basketball resurfacing project and working with Parks and Rec to see project through to fruition.
Continuing to coordinate with Parks and Rec on the Bertron Memorial components at Colonial Park. Also looking towards Father’s and Flashlights for 2019 with a tentative date of 11/2-3.
Primary focus is PLB and all of the moving parts associated with that.
Please continue to refer to the weekly reports that you receive via email for ongoing updates on Friends activities as well as all Parks and Rec activities. This concludes my report.
Meeting was adjourned at 12:28pm. Respectfully submitted, Katie Hill Filling in for Secretary
GENERAL SERVICES CONTRACT
Revised 01/24/2019
This General Services Contract (Contract) is made between the City of West University Place, Texas (City), and Contractor. The City and Contractor agree to the terms and conditions of this Contract, which consists of the following parts:
I. Summary of Contract Terms II. Signatures III. Standard Contractual Provisions
IV. Special Terms and Conditions V. Additional Contract Documents
I. Summary of Contract Terms.
Contractor: CZS Developers LLC. Description of Services: Bid No. 19-01 – WUPRC Safety & Customer Service Improvement Project
Base Services “not to exceed”: $87,835.00
Additional Work in addition to Base Services: Any additional work will need to be submitted in writing and approved by City.
Effective Date:
Termination Date:
Renewal: None
II. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF WEST UNIVERSITY PLACE:* CONTRACTOR:
By: By:
Title: Title:
Date: Date:
____ Council Approved on _____/_____/_____ ____ City Manager ____ Department Head ____ Division Head *Contract Signature Authority: Division Head -$2,999 or less Department Head - $3,000 to $14,999
City Manager - $15,000 to $50,000 Over $50,000 – Council approval required
_________________________ Attest: City Secretary
III. Standard Contractual Provisions.
A. Definitions.
Contract means this General Services Contract.
Services means the services for which the City solicited bids or received proposals as described in this Contract.
B. Services and Payment. Contractor will furnish Services to the City in accordance with the terms and conditions specified in this Contract. Contractor will bill the City for the Services provided at intervals of at least 30 days, except for the final billing. The City shall pay Contractor for the Services in accordance with the terms of this Contract, but all payments to be made by the City to Contractor, including the time of payment and the payment of interest on overdue amounts, are subject to the applicable provisions of Chapter 2251 of the Government Code.
C. Termination Provisions.
(1) City Termination for Convenience. Under the paragraph, the City may terminate this Contract during its term at any time for the City’s own convenience where the Contractor is not in default by giving written notice to Contractor. If the City terminated this Contract under this paragraph, the City will pay the Contractor for all services rendered in accordance with this Contract to the date of termination.
(2) Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms. The party alleging the default will give the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice within 30 days, the party giving the notice of default may terminate this Contract by written notice to the other party, specifying the date of termination. Termination of the Contract under this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party.
(3) Multi-Year Contracts and Funding. If this Contract extends beyond the City’s fiscal year in which it becomes effective or provides for the City to make any payment during any of the City’s fiscal years following the City’s fiscal year in which this Contract becomes effective and the City fails to appropriate funds to make any required Contract payment for that successive fiscal year and there are no funds from the City’s sale of debt instruments to make the required payment, then this Contract automatically terminates at the beginning of the first day of the City’s successive fiscal year of the Contract for which the City has not appropriated funds or otherwise provided for funds to make a required payment under the contract.
D. Liability and Indemnity. Any provision of any attached contract document that limits the Contractor’s liability to the City or releases the Contractor from liability to the City for actual or compensatory damages, loss, or costs arising from the performance of this Contract or that provides for contractual indemnity by one party to the other party to this Contract is not applicable or effective under this Contract. Except where an Additional Contract Document provided by the City provides otherwise, each party to this Contract is responsible for defending against and liable for paying any claim, suit, or judgment for damages, loss, or costs arising from that party’s negligent acts or omissions in the performance of this Contract in accordance with applicable law. This provision does not affect the right of either party to this contract who is sued by a third party of acts or omissions arising from this Contract to bring in the other party to this Contract as a third-party defendant as allowed by law.
E. Assignment. The Contractor shall not assign this Contract without the prior written consent of the City.
F. Law Governing and Venue. This Contract is governed by the law of the State of Texas and a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction located in or having jurisdiction in Harris County, Texas.
G. Entire Contract. This Contract represents the entire Contract between the City and the Contractor and supersedes all prior negotiations, representations, or contracts, either written or oral. This Contract may be amended only by written instrument signed by both parties.
H. Independent Contractor. Contractor shall perform the work under this Contract as an independent contractor and not as an employee of the City. The City has not right to supervise, direct, or control the Contractor or Contractor’s officers or employees in the means, methods, or details of the work to be performed by Contractor under this Contract. The City and Contractor agree that the work performed under this Contract is not inherently dangerous, that Contractor will perform the work in a workmanlike manner, and that Contractor will take proper care and precautions to insure the safety of Contractor’s officers and employees.
I. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one-half of the mediator’s fees.
J. Attorney’s Fees. Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney’s fees or other costs relating to the suit.
K. Severability. If a court finds or rules that any part of this Contract is invalid or unlawful, the remainder of the Contract continues to be binding on the parties.
IV. Special Terms or Conditions.
A. As required by Section 2252.908, Texas Government Code, if this Contract requires an action or vote by the City before the contract may be signed, or has a value of at least $1 million, then the City may not enter into such Contract unless the Contractor submits a disclosure of interested parties to the City at the time the Contractor submits the signed Contract to the City. The Contractor agrees to submit such disclosure as required by Section 2252.908 of the Texas Government Code on the form 1295, prescribed by the Texas Ethics Commission, unless the Contractor is a publicly traded entity or a wholly owned subsidiary of same, in which case no disclosure is required. The Contractor agrees to access the Texas Ethics Commission website and complete the form 1295, receive a confirmation number and a PDF version of the completed form 1295, execute and notarize a hard copy version of the completed form 1295, and submit it, along with the confirmation number, to the City.
B. As required by Chapter 2270, Texas Government Code, Contractor hereby verifies that it does
not boycott Israel and will not boycott Israel through the term of this Contract. For purposes of this verification, “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli controlled territory, but does not include an action made for ordinary business purposes.
C. Pursuant to Chapter 2252, Texas Government Code, Contractor represents and certifies that, at
the time of execution of this Contract neither the Contractor, nor any wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of the same (i) engages in business with Iran, Sudan, or any foreign terrorist organization as described in Chapter 806 or 807 of the Texas Government Code, or Subchapter F of Chapter 2252 of the Texas Government Code, or (ii) is a company listed by the Texas Comptroller of Public Accounts under Sections 806.051, 807.051, or 2252.153 of the Texas Government Code. The term “foreign terrorist organization” in this paragraph has the meaning assigned to such term in Section 2252.151 of the Texas Government Code.
V. Additional Contract Documents. The following specified documents attached to this Contract are part of this Contract, except as follows: any provision contained in any of the Contractor’s Additional Contract Documents specified below that conflicts with a Contract provision not included in the Contractor’s Additional Contract Documents, does not apply to this contract.
A. Contractor’s Additional Contract Documents:
1. Bid Documents
B. City’s Additional Contract Documents:
1. None
END OF DOCUMENT
AGENDA MEMO BUSINESS OF THE CITY COUNCIL
CITY OF WEST UNIVERSITY PLACE, TEXAS
EXECUTIVE SUMMARY
The Texas Commission on Environmental Quality regulations in Title 30 of the Texas Administrative Code Chapter 290 requires all retail water providers with 3,300 or more connections to create and implement a Water Conservation and a Drought Contingency Plan (Plan). The State requires the City’s Plan to be updated every 5-years, which was previously completed in May 2014. Staff has completed their review and updates to the Water Conservation/Drought Contingency Plan. In 2014, the current Plan was approved by Ordinance 1996 and operating under this Plan the City was required to establish 5-year conservation goals for Reduction in Water Loss and Reduction in Water Use. Reduction in Water Loss Goal: The goal by 2019 was 3 gallon per capita per day (gpcd), which the City met in 2018. The updated goal for 2024 will be 2.5 gpcd. Reduction in Water Use Goal: The goal by 2019 was 145 gallon per capita per day (gpcd), which the City met in 2018. The updated goal for 2024 will be 140 gpcd.
AGENDA OF: April 8 2019 AGENDA ITEM: 6
DATE SUBMITTED: April 2, 2019 DEPARTMENT: Public Works
PREPARED BY: P. Walters, Operations Supt. PRESENTER: P. Walters,
Operations Supt.
SUBJECT: Water Conservation / Drought Contingency Plan
ATTACHMENTS: Ordinance – Adopting Water Conservation / Drought Contingency Plan
EXPENDITURE REQUIRED: None
AMOUNT BUDGETED: None
ACCOUNT NO.: N/A
ADDITIONAL APPROPRIATION REQUIRED: N/A
ACCOUNT NO.: N/A
The Plan includes measures to continue participation in the Harris Galveston Subsidence Districts “Water Wise” regional water conservation education program, distribute water conservation education materials to the general public, and to provide a water conservation tool through the Automated Meter Reading System which allows residents to obtain hourly usages through a secure internet portal. Additionally, the plan stipulates that the City will take steps on the municipal side to enhance water conservation efforts internally including the immediate repair of water leaks and control of any volume of water utilized in the maintenance of the water system. The City has added measures to the plan which authorize the City Manager to penalize violators and to terminate water service for negligent waste of water and for violations of the mandatory requirements. Funding for the concepts of this plan is incorporated into the City’s annual budget process and is subject to the City Council’s approval.
RECOMMENDATION Staff recommends that the City Council approves the ordinance adopting the Water Conservation/Drought Contingency Plan on the first of two readings.
Harris County, Texas City of West University Place
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ORDINANCE NO. XXXX
AN ORDINANCE FINDING AND DETERMINING THAT THE WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN FOR THE CITY OF WEST UNIVERSITY PLACE, TEXAS, A COPY OF WHICH IS ATTACHED HERETO AND MARKED EXHIBIT "A", HAS BEEN PREPARED IN ACCORDANCE WITH ALL APPLICABLE LAWS, RULES, REGULATIONS, STANDARDS AND GUIDELINES PROMULGATED BY APPROPRIATE AUTHORITY, AND FURTHER, THAT SUCH PLAN IS ADEQUATE TO PROVIDE AN EFFECTIVE MEANS FOR WATER CONSERVATION AND DROUGHT CONTINGENCY WITHIN THE CITY LIMITS OF THE CITY OF WEST UNIVERSITY PLACE, ADOPTING THE SAME AS THE OFFICIAL WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN FOR THE CITY OF WEST UNIVERSITY PLACE, TEXAS, AND REQUIRING ADHERENCE TO ALL REQUIREMENTS, CONDITIONS AND PROCEDURES SPECIFIED THEREBY.
WHEREAS, heretofore previously, the City of West University Place has undertaken such studies and surveys as were necessary to determine appropriate facts upon which to base and develop a Water Conservation and Drought Contingency plan for the City of West University Place; and
WHEREAS, as a result of such preliminary work, a Water Conservation and Drought Contingency plan has been prepared, which fairly represents a sound policy for the City of West University Place;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. That the City Council of the City of West University Place hereby
finds and determines that the Water Conservation and Drought Contingency plan, a copy of which is attached hereto and marked Exhibit "A", has been prepared in accordance with all applicable laws, rules, regulations, standards and guidelines promulgated by appropriate authority.
Section 2. That the City Council of the City of West University Place further
finds and determines that the said Water Conservation and Drought Contingency plan is adequate to provide an effective means for water conservation and drought management within the city limits of the City of West University Place.
Section 3. That the Water Conservation and Drought Contingency plan, a
copy of which is attached hereto and marked Exhibit "A", is hereby adopted as the official Water Conservation and Drought Contingency Plan for the City of West University Place, Texas.
Section 4. Further, that all of the requirements, conditions and procedures
specified in the attached Water Conservation and Drought Contingency Plan for the City
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of West University Place shall be adhered to by all persons affected thereby, including but not limited to all residents, citizens and inhabitants of the City of West University Place.
Section 5. Any person, firm, partnership, association, corporation, company,
or organization of any kind who or which intentionally, knowingly, recklessly, or with criminal negligence violates any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in an amount not to exceed $500 per day. Each day during which such violation shall exist or occur shall constitute a separate offense. The owner or owners of any property or premises and any agent, contractor, builder, architect, person, or corporation who shall assist in the commission of such offense shall be guilty of a separate offense, and upon conviction thereof, shall be punished as above provided.
Section 6. In the event any section, paragraph, subdivision, clause, phrase,
provision, sentence, or part of this Ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of West University Place, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts.
Section 7. All ordinances or parts of ordinances inconsistent or in conflict
herewith are, to the extent of such inconsistency or conflict, hereby repealed.
PASSED, APPROVED AND ADOPTED ON FIRST READING on the ____ day of _______________, 2019.
PASSED, APPROVED AND ADOPTED ON SECOND READING, AND
The City of West University Place A Neighborhood City
CITY COUNCIL STAFF Susan Sample, Mayor David J. Beach, City Manager Mardi Turner, Mayor Pro Tem Alan Petrov, City Attorney Bob Higley, Councilmember Thelma Gilliam, City Secretary Kellye Burke, Councilmember Kevin Boyle, Councilmember
CITY COUNCIL ACTION MINUTES The City Council of the City of West University Place, Texas, met in a regular meeting on Monday, March 25, 2019, in the Municipal Building, 3800 University, West University Place. Call to Order. Mayor Sample called the meeting to order at approximately 6:30 p.m. in the Council Chambers. Council and Staff in attendance were: Mayor Pro Tem Turner, Councilmembers Boyle, Burke, and Higley, City Manager Beach, City Secretary Gilliam, City Attorney Petrov, Police Chief Walker, Finance Director Kalka, and Diane White, Interim Public Works Director. Also present were Richard Wilson, Chair of the Zoning and Planning Commission, and John Robuck with Bok Financial Securities. City Secretary Gilliam confirmed that the Notice of the meeting was posted as required by law. Carsten Wilkerson, Boy Scout Troop 266, led the Pledge of Allegiance. 1. Public Comments
This was an opportunity for citizens to speak to Council relating to agenda and non-agenda items. Alida Drewes, 6112 Fordham, spoke regarding dog parks and other topics.
2. Arbor Day/Tree City USA Designation
Matters related to an Arbor Day proclamation in conjunction with the City receiving the Tree City USA designation. Recommended Action: Proclaim April 13, 2019 as Arbor Day in West University Place. Ms. Debbie Scarcella, City Planner
Councilmember Higley moved to proclaim April 13, 2019 as Arbor Day in the City of West University
Place. Councilmember Burke seconded the motion. MOTION PASSED.
3. Calling Joint Public Hearing with the Zoning and Planning Commission
Matters related to preliminary reports and calling a joint public hearing with the Zoning and Planning Commission regarding fence-like hedges, maximum height of existing elevated structures in a special flood hazard area, and front porch projections. Recommended Action: Approve ordinances calling a joint public hearing with the Zoning and Planning Commission on first and final reading. Ms. Debbie Scarcella, City Planner
City Council Meeting Action Minutes, March 25, 2019
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Councilmember Higley moved that City Council call for a joint public hearing between Council and the ZPC to hear more information and public comments for the official public record regarding the three proposed amendments. Councilmember Burke seconded the motion. MOTION PASSED.
Matters related to changing the meeting date for the second meeting in May due to the Memorial Day Holiday. Recommended Action: Discuss and take any desired action. Mr. Dave Beach, City Manager
Councilmember Higley moved to change the Monday, May 27, 2019 regular meeting date to
Monday, May 20, 2019 due to the Memorial Day holiday. Councilmember Burke seconded the motion. MOTION PASSED.
5. Notice to Issue Combination Tax and Revenue Certificates of Obligation
Matters related to a resolution directing publication of Notice of Intention to Issue Combination Tax and Revenue Certificates of Obligation. Approve resolution directing publication of Notice of Intention to Issue Combination Tax and Revenue Certificates of Obligation. Ms. Marie Kalka, Finance Director
Councilmember Boyle moved that City Council approve of the Schedule of Events for the sale of
Certificates of Obligation, Series 2019, not to exceed $4,500,000 for a 15 year term and approve the resolution authorizing the publication of the Notice of Intent to issue Certificates of Obligation on May 20. Councilmember Higley seconded the motion. MOTION PASSED.
City Council Meeting Action Minutes, March 25, 2019
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7. Adjourn With no other business before the Council, Councilmember Higley moved to adjourn the meeting at 7:15 p.m. Councilmember Boyle seconded the motion. MOTION PASSED.