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1970 03 30 CC Minutes, Special4783 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF BAYTOWN March 30, 19 70 The City Council of the City of Baytown, Texas, met in special session on Monday, March 30, 1970 at 7:00 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: Ted L. Kloesel Councilman David Evans Councilman Don M. Hullum Councilman Leonard W. Stasney Councilman Allen Cannon Councilman Lamar Kelley Councilman C. Glen Walker D. R. Voelkel W. R. Laughlin Edna Oliver Mayor City Manager City Attorney City Clerk Mayor Walker called the meeting to order for the purpose of setting assess- ments and fixing charges and liens against property abutting upon Ward Road from Highway 146 East to Kilgore Road, for part of the costs of the improvements. Miscellaneous Motions Mayor Walker reviewed the opinion of the Realtor, Shorty Tharp, which was given at the regular meeting, March 26, for the front facing properties to be assessed $8.71 per front foot or 100% for the improvement; $5.23 per front foot or 60% for all side properties and $3.48 or 40% for all rear facing properties. Councilman Stasney stated that the testimony heard at the March 26 meeting raised a valid point that commercial property developing near residential property does, in fact, reduce the value of the residential property. He moved that the assessment rate for all single dwelling residential units currently occupied be re- duced by 10% of the recommended assessment. Councilman Kelley seconded the motion. After a lengthy debate, Councilman Stasney called for the debate to cease. Council- man Kelley seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Mayor Walker then called for the motion made by Councilman Stasney. The vote follows: Ayes: Councilmen Stasney and Kelley Nays: Councilmen Kloesel, Evans, Hullum, and Cannon Mayor Walker Councilman Evans then moved that the Council find, determine, and hold that all parcels listed on the Assessment Roll which are front facing parcels be enhanced in value in amounts greater than the proposed assessment, and that we assess all of such parcels $8.71 per front foot. He further moved that all side facing parcels be assessed on a basis of 60% of the full assessment, and that all rear facing parcels be assessed on the basis of 40% of the full assessment, and that likewise, we find, determine and hold that all of such parcels be enhanced in amounts greater than the applicable assessments and further moved that the Council overrule any objections to these proposed assessments. Councilman Cannon seconded the motion. Councilman Kloesel moved to amend the motion to reduce the single residence assessment as follows: front facing parcels 60% of the $8.71; side facing parcels, 40% of the $8.71; and rear facing parcels 30% of the $8.71. Councilman Stasney seconded the motion. Councilman Cannon moved to offer a second amendment to the motion to ex- clude the property of Lester Taylor from the assessment levy altogether and the City bear the cost of the improvement abutting his property. Councilman Kelley seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Mayor Walker then called for the vote on the amendment offered by Councilman Kloesel. The vote follows: Minutes, March 30, 1970 4784 Ayes: Councilmen Kloesel and Stasney Nays: Councilmen Evans, Hullum, Cannon, and Kelley Mayor Walker Mayor Walker then called for the vote on the original motion offered by Councilman Evans which was amended to exclude the property of Elmer Taylor - the City assuming the cost of this improvement. The vote follows: Ayes: Councilmen Evans and Cannon Mayor Walker Nays: Councilmen Kloesel, Hullum, Kelley, and Stasney Following a lenghty discussion upon the degree of enhancement of the abutting pro- perties, the City's present formula of assessing abutting properties whether thorough- fares or residential streets, etc. Councilman Stasney moved to reduce the assessment rate for all single dwelling residential units currently occupied by 104 of the re- commended assessment proposed by Realtor, Shorty Tharp. Councilman Kelley seconded the motion. Councilman Hullum moved to amend the motion to only allow this reduction on single dwellings with deed restrictions. The Mayor declared the motion dead for want of a second. Councilman Kelley then moved to amend the original motion to make an exception on the Elmer Taylor property and the city bear the entire cost of the improvement. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley Mayor Walker Nays: None Following this vote Councilman Cannon suggested pursuing the commercial aspect and the City assess the business property on a 504 of the total cost of the project. He then moved to amend the motion of Councilman Stasney and to assess the commercial pro- perties out on the Ward Road extension on the basis of 504 of the total cost of improve- ment. Councilman Kelley seconded the motion. The Mayor asked the City Attorney for an opinion on the motion and he stated that the City cannot assess any property for any amount in excess of the enhancement. If this motion is approved, in his opinion, the City would have to start over with new publications, new notices, calling a hearing with an opinion from the appraisor as to the enhancement of each piece of property. On the basis of the legal opinion, the Mayor declared the motion and second out of order. Following further discussion, Councilman Stasney called for the question to and debate. Councilmen Kelley seconded the motion. The vote follows: Ayes: Hullum, Stasney, and Kelley Nays: Kloesel, Cannon, and Evans Mayor Walker Councilman Kloesel: Not fair to the property owner who is not in a subdivision. Councilman Stasney: The proposed reduction will be 904, 544, and 364 as opposed to the recommended 1004, 604, and 404. Councilmen Evans: We are discrediting the appraisor's professional opinion. Councilman Kloesel: Not discrediting appraisor's opinion. He gave appraisal by sections need to have it appraised by each tract or lot. Councilman Evans: The Council knew when the bids were received had to find $70,000 because of delay. If each parcel of land is appraised the realtor will have to be paid which will result in additional cost . . . . Convinced have spent a sizable amount of money on engineers and realtors, not including loss of time, in not accepting the ap- praisal as proposed. City Attorney Laughlin: Could approve blanket reduction because of thoroughfare. Councilman Stasney: Not in favor of blanket reduction . . do not think City should reduce the property that is unimproved and will later be improved as commercial property . . . take into account what is really going to happen - a reduction in values due to commercialization of property of the presently developed residential area. Councilman Kelley called for the question to end debate. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hull=, Stasney, Cannon, & Kelley Mayor Walker Nays: None 4785 Minutes, March 30, 1970 Mayor Walker then called for the vote on the original motion to reduce the assessment rate for all single dwelling residential units currently occupied by 10% of the recommended assessment with the exception of the property of Lester Taylor, the City to bear the entire cost of this improvement. The vote follows: Ayes: Councilmen Stasney and Kelley Nays: Councilmen Evans, Kloesel, Hullum, and Cannon Mayor Walker Councilmen Evans then moved that we find, determine, and hold that all parcels listed on the Assessment Roll which are front facing parcels be enhanced in value in amounts greater than the proposed assessment, and that we assess all of such parcels $8.71 per front foot. He further moved that all side facing parcels be assessed on a basis of 60% of the full assessment, and that all rear facing par- cels be assessed on the basis of 40% of the full assessment, and that likewise, we find, determine and hold that all of such parcels be enhanced in amounts greater than the applicable assessments and further moved that we overrule any objections of these proposed assessments, excepting the property of Lester Taylor. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Evans, Cannon, and Kelley Mayor Walker Nays: Councilmen Hullum, Stasney, and Kloesel ORDINANCE NO. 1024 - Closing Hearing and Setting Assessment Liens - Ward Road Councilmen Evans moved to adopt an ordinance closing the hearing given to the real and true owners of property abutting upon Ward Road within the extent set forth in the hearing; finding the regularity of the proceedings and fixing liens against properties abutting upon said street for part of the costs of the improve- ments. Councilman Cannon seconded the motion. The vote follows: Ayes: Councilmen Evans, Hullum, Cannon, and Kelley Mayor Walker Nays: Councilmen Kloesel and Stasney The caption of the ordinance follows: ORDINANCE NO. 1024 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF THE PROPERTY ABUTTING UPON WARD ROAD WITHIN THE LIMITS HEREINBELOW DEFINED, IN THE CITY OF BAYTOWN, TEXAS, AS TO SPECIAL BENEFITS TO ACCRUE BY VIRTUE OF THE IM- PROVEMENT THEREOF, AND AS TO THE ACCURACY, SUFFICIENCY, REGULARITY AND VALIDITY OF THE PROCEEDINGS AND CONTRACT IN CONNECTION WITH SAID IM- PROVEMENTS, AND THE ASSESSMENTS TO BE LEVIED COVERING THE COST THEREOF; OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED EXCEPT AS TO THE ADJUSTMENTS HEREINBELOW MADE; FINDING AND DETERMINING SPECIAL BENEFITS TO EACH PARCEL OF PROPERTY AND THE OWNERS THEREOF EQUAL TO OR IN EXCESS OF THE AMOUNT OF THE SPECIAL ASSESSMENTS AS HEREIN ADJUSTED AND ASSESSED AGAINST SAME: FINDING THE REGULARITY OF ALL PROCEEDINGS AND THE PERFORMANCE OF ALL PREREQUISITES TO FIXING THE ASSESSMENT LIENS AND THE PERSONAL LIABILITY OF THE PROPERTY OWNERS; LEVYING ASSESSMENTS, FIXING CHARGES AND LIENS AGAINST SAID PROPERTY ABUTTING SAID STREET AND THE TRUE OWNERS THEREOF FOR PAYMENT OF PART OF THE COSTS OF THE IMPROVE- MENTS; PROVIDING FOR THE ISSUANCE OF ASSIGNABLE ASSESSMENT CERTIFICATES AND THE MANNER OF THEIR COLLECTION; PROVIDING FOR OTHER MATTERS RELATING TO THE FOREGOING; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consideration of Time Table for Capital IMRrovements for Five Year Period Mayor Walker reported that the Fiscal Agent was not recommending that the City enter immediately into the sale of bonds, rather sell the bonds when the money is needed unless the bond market improves greatly, or unless it appears that the bond market becomes worse. He suggested that the Council proceed with determining the priorities and, as needed, proceed with the sale of bonds. Councilman Stasney suggested two areas: (1) Water & Sewer improvements and (2) acquisition of right of way. The Council was in agreement with the suggestions, and will look to the Ad- ministration with these priorities in mind for the necessary guidelines. Also, they look to the Administration for a presentation prior to the selection of an engineering firm to carry out the detailed engineering required to completed the projects. Councilman Kloesel asked the Administration to prepare a recommended pri- ority list for presentation at the next regular meeting of the Council. Minutes, March 30, 1970 4786 Adjourn Councilman Kelley moved for the nesting to adjourn. Councilman Hullum seconded the motion. The ayes were unanimous and the Mayor declared the meeting adjourned. e i/K 2a-4 C. Glen Walker, Mayor ATTEST: _ eA"'k% Edna Oliver, City Clerk APPROVED: (2/.' Wi R. Laughlin, City Attorney