1970 09 24 CC Minutesr
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4849
MINUTES OF THE REGULAR
MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
September 24, 1970
The City Council of the City of Baytown, Texas, met in regular session on
Thursday, September 24, 1970 at 6:30 p.m., in the Council Room of the Baytown
City Hall with the following members in attendance:
Ted Kloesel
David Evans
Don M. Hullum
Leonard Stasney
Allen Cannon
Lamar Kelley
C. Glen Walker
D. R. Voelkel
W. R. Laughlin
Edna Oliver
Councilman
Councilman
Councilman
Councilman
Councilman
Councilman
Mayor
City Manager
City Attorney
City Clerk
The Mayor called the meeting to order and the Invocation was offered. He
then called for the minutes of the regular meeting on September 10, 1970. Council-
man Stasney moved to approve the minutes as submitted in Written form. Councilman
Kloesel seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley
Mayor Walker
Nays; None
The minutes of the special meeting on September 3rd were deferred until the
next regular meeting of the Council.
Receive Report - 1970 Tax Equalization Board
C. L. Umholtz, a member of the 1970 Board of Equalization, gave a report of
the 1970 Assessment Roll which has a total assessment value of $179,298,340 based
on "Fair Market Value" as of January 1, 1970 as determined at a ratio of 508 by
the Board. Real Estate has a percentage increase of 13.668 increase. Personal
property which includes local commercial, utilities and railroads, pipelines and
mineral interest showed percentage increases, however, oil producing properties
and industrial property had decreased in percentage over the prior years. The
total percentage increase was 8.788. The assessment value increase from 1966
through 1970 was 6.138. The Industrial District payments revealed an increase
in District I of 4.148; in District II, 5.138; in District III 12.958. In its
meetings, the Board of Equalization determined that several areas needed re-
appraisal and instructed the Tax Assessor to make the reappraisal. Notices
were sent on the new values to the owners concerned. Seven public hearing dates
were held by the Board, with 150 individuals being heard as well as associations
and groups. Mr. Umholtz reported that solid progress has been made in the Tax
Department in the past few years in modernizing the whole operation of Tax
Assessing and Collecting. He expressed his appreciation to the Council for ap-
proving and budgeting the needed additional personnel to the appraisal staff of
the Tax Department. Mayor Walker gave opportunity for any questions from either
the Council or those attending the meeting afterwhich, Councilman Kloesel moved
to receive the report of the 1970 Tax Equalization Board. Councilman Stasney
seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
Vote of Thanks - 1970 Board of Equalization
Mayor Walker commended the Board of Equalization for a job well done and
the Council was in full agreement with the commendation. Councilman Kloesel
moved to give the 1970 Board of Equalization a vote of thanks and to commend them
for their time and effort spent in the discharge of their duties as the 1970
Board. Councilman Stasney seconded the motion. The vote follows:
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Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
Letter - Optimist Club - Pee Wee Football
Mayor Walker introduced and read a letter from the Optimist Club stating
that 400 boys had been signed up for Pee Wee Football. The Club is acting
as sponsor of this age and 72 of the boys are unable to pay. Based on the
action of the Council at the August 13th meeting, the Optimist Club was re-
quested a donation or gratuity of $540.00 to cover the cost of these 72
boys to participate in the games. Councilman Stasney felt that this would
be in competition with the United Fund Agency which the public already sup-
ports. A donation of this type would be competitive with this program with
tax funds. Following further discussion, Councilman Kloesel moved to approve
the request to make a contribution of $540.00 to the Optimist Club. Council-
man Hullum seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Cannon and Kelley
Mayor Walker
Nays: Councilman Stasney
Public Hearing - Annual Budget for 1970 -71
Mayor Walker formally opened the public hearing concerning the adoption
of a proposed budget for the fiscal year 1970 -71 and asked City Manager Voelkel
to summarize its contents. He reported that the general fund has an estimated
income of $3,686,442 and an estimated expenditure of $3,686,442; the Water-
works and Sanitary Sewer Fund an estimated income of $1,163,753 and an estimated
expenditure of $1,163,753; the General Fund Debt Service has an appropriation
of $779,246 and an expenditure of like amount; the Waterworks and Sanitary
Sewer Fund Debt Service has a total of $254,414 with an expenditure of like
amount. Following his summary and some questions by the Council, Mayor Walker
asked if any in the audience had questions to ask or statements to make re-
lative to the proposed budget. B. B. Williams, President of the Texas
Federation of Independent Business and Tax Payers Alliance, Inc., protested
the hiring of an Aide to the City Manager, the retainage of the Council's car
allowance in the budget, travel and reimbursable expense, collect delinquency
on San Jacinto Methodist Hospital ad valorem taxes and land investment.
Others heard were H. M. Campbell and W. C. Williams who submitted questions for
clarification including the proposed tax rate decrease of $0.10 per each $100
valuation. Councilman Kloesel stated that he was interested in making a tax
rate cut when the budget was started but as he began looking into the problems
the city faced, he was somewhat concerned in certain areas. The City needs to
provide a continual expansion as the need arises in the water & sewer service,
garbage collection and most certainly better streets and drainage. The solu-
tion will not be solved unless funds are provided. Some improvements have been
made through approved bond issues such as police, fire, library, city hall,
and civic center but expansion seeds are evident in other departments. These
needs include man -power and equipment in water, sewer, street and sanitation
departments. He concluded by saying that at first he was real sure the City
could manage a tax cut, and he agreed it is needed, but after reviewing the
equipment in other departments he is now convinced that a tax cut is not in
order at this time. Following some further remarks, Councilman Kelley moved
to close the hearing on the budget. Councilman Stasney seconded the motion.
The vote follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
Ordinance - Adopting Budget for Ensuing Year 1970 -71
Councilman Kelley moved to adopt an ordinance No. 1043 which approved
the budget submitted to the City Council by the City Manager as the budget es-
timate of all the current expenses for the fiscal year October 1, 1970 through
September 30, 1971. Councilman Stasney seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
The caption of the ordvnance follows:
4851
ORDINANCE NO. 1043
AN ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR, BEGINNING
OCTOBER 1, 1970, AND ENDING SEPTEMBER 30, 1971, IN ACCORDANCE WITH
THE CHARTER AND ORDINANCES OF THE CITY OF BAYTOWN; AND PROVIDING FOR
THE PUBLICATION OF THIS ORDINANCE.
Ordinance - Fixing Tax Rate Ensuing Fiscal Year, 1970 -71
Councilman Kelley then moved to adopt ordinance No. 1044 which sets a tax
rate of $1.39 on only fifty (50%) percent of each $100.00 worth of property
located within Baytown as valued by the Equalization Board and made taxable by
law. Councilman Stasney seconded the motion. The vote follows:
Ayes: Councilmen Evans, Hullum, Stasney, Cannon and Kelley
Mayor Walker
Nays: Councilman Kloesel
The caption of the ordinance follows:
ORDINANCE NO. 1044
AN ORDINANCE FIXING THE RATE AND TAX LEVY FOR THE CITY OF BAYTOWN, TEXAS,
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1971, UPON ALL TAXABLE PROPERTY
IN SAID CITY OF BAYTOWN, TEXAS, IN ACCORDANCE WITH THE LAWS OF THE STATE
OF TEXAS AND THE CHARTER PROVISIONS AND ORDINANCES OF SAID CITY; AND RE-
PEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH.
Ratify Appointment Joe Barsalou - Library Advisory Board
Councilman Kelley moved to ratify the appointment of Joe R. Barsalou as a
member of the Library Advisory Board to fill the unexpired term of Robert Wahrmund.
Councilman Stasney seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
Table Approval Improvements on South Main Extension
Councilman Stasney pointed out the need-for certain repairs to the inter-
section of South Main extension with Alexander Drive prior to the acceptance
of the improvements. He moved to table this item until proper repairs are made.
Councilman Kelley seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon and Kelley
Mayor Walker
Nays: None
Renew Contract - Collection Delinquent Taxes
Councilman Kelley moved to renew the contract with the City Attorney to en-
force the collection of all delinquent City ad valorem taxes for the fiscal year
beginning October 1, 1970 through September 30, 1971. Councilman Stasney seconded
the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Hull=, Stasney, Cannon and Kelley
Mayor Walker
Nays: None
Andrew Lannie - Request Amendment Apportionment Agreement September 3
The Council heard a request from Andrew Lannie, an Attorney representing the
City of Mont Belvieu in its lawsuit with the Chambers County Water Control and Im-
provement District No. 1 concerning a recent annexation by Mont Belvieu into an
area of the City of Baytown's extraterritorial jurisdiction, to adopt an ordinance
which would amend the September 3 agreement between the City of Mont Belvieu and
the City of Baytown relative to the common line of extraterritorial jurisdiction.
On September 4 Mr. Lannie and the Attorney for the Water District appeared in
court in Liberty on a hearing regarding the annexation and a map was introduced in
evidence which indicated that a portion of the Water District, about 26 acres is
outside the Mont Belvieu annexation and within the City of Baytown's extrater-
ritorial jurisdiction. He asked the Council to adapt the ordinance amending the
agreement boundaries to permit this portion of the Water District to be included
4852
in the city limits of Mont Belvieu. Following some discussion between the
Council and the two attorneys, Councilman Kelley moved to accept the request
of the City of Mont Belvieu and add the addendum to the contract. Councilman
Hullum seconded the motion. Councilmen Kloesel and Stasney suggested delaying
approval until a joint meeting of the Baytown Council and Mont Belvieu Councils
can be held and an agreement can be discussed. It was further suggested that
this meeting be arranged in order for the business at hand to be discussed prior
to the next regular meeting of the Council. The Council would then take for-
mal action upon the request of Attorney Lannie. Councilman Kelley called for
the question and to end debate. Councilman Evans 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 original motion approving the request.
The vote follows:
Ayes: Councilmen Kelley, Hullum and Evans
Nays: Councilmen Kloesel, Stasney, and Cannon
Mayor Walker (The Administration will arrange a joint meeting of the
Mont Belvieu and Baytown Councils)
Announce - Resignation of L. V. Bailey - Fire Chief - Restore Assistant Fire Chief
City Manager Voelkel announced that he had received a letter of resignation
from L. V. Bailey, Fire Chief with a request that he be restored to his earlier
title under Civil Service as Assistant Chief.
Resolutions - Wallace and Willie Doucet - Commemoration
The Mayor introduced and read two resolutions commemorating the late
Doucet Brothers, Wallace and Willie, for their dedication and efforts in the
service of their employment with the City and expressing deep and sincere
regret for their untimely and tragic deaths on September 2, 1970. Council-
man Stasney moved to adopt the resolutions as read. Councilman Kloesel
seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
The caption of the resolutions follow:
Resolution 295 Resolution No. 296
Resolution - Designating Law Firm - Special Counsel W. A. Shaffer Suit
Councilman Stasney moved to adopt a resolution allowing the firm of Ful-
bright, Crocker, Freeman, Bates & Jaworski to act as special counsel for the
City of Baytown in a suit styled "W. A. Shaffer et al vs. City of Baytown ".
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Stasney, Cannon, and Kelley
Mayor Walker
Nays: None
The caption of the resolution follows:
RESOLUTION NO. 294
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIG-
NATING THE LAW FIRM OF FULBRIGHT, CROOKER, FREEMAN, BATES & JAWORSKI AS
SPECIAL COUNSEL FOR THE CITY OF BAYTOWN TO DEFEND A CERTAIN ACTION IN
THE NAME OF THE CITY OF BAYTOWN; PROVIDING THAT THE CITY SHALL NOT BE
RESPONSIBLE FOR COSTS INCURRED IN DEFENSE OF SUCH SUIT; AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
4853
Reeves - Representing Teamster's Union
Raymond Reeves, Teamsters Union business representative, asked the Council
to take action upon a resolution presented to the City Manager approximately
three weeks prior to this meeting. Mayor Walker asked Mr. Reeves to supply the
Administration with a list naming those who would be affected. Mr. Reeves stated
that he had a list and only one department of the city was involved at this time.
Councilman Kloesel moved that in the event it is determined by the City Manager
that a majority of the one department is represented on the list a payroll de-
duction be authorized by the individuals so affected. The City Attorney pointed
out a recent Statute which allows a City to charge a fee for this service if
deemed advisable. However, this charge is not mandatory. 'there was no second
to the motion and the Mayor declared the motion died for lack of a second.
Mr. Reeves was asked to supply the City Manager with the list of names.
Adjourn
There being no further business to come before the Council, the motion was
made and seconded that the meeting adjourn. The ayes were unanimous and the
Mayor declared the meeting adjourned. 62
C. Glen Walker, Mayor
ATTEST:
Edna Oliver, City Clerk
APPROVED:
William R. Laughlin, City Attor