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1970 09 24 CC Minutesr I_ 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: 4850 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