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MIN CC 02/21/1984ji MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 21ST DAY OF FEBRUARY, 1984 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 7:00 P.M. The Council met in regular session with the following members present: William V. Nash, Mayor Murray A. Brown Larry Corley Stephen E. Davis Jerry L. Dowling Bill Hodges Percy Howard, Jr. Jane Monday Bob Tavenner The meeting was called to order by the Honorable William V. Nash, Mayor. The invocation was presented by ;Reverend Gary Bonner, First Baptist Church on Avenue J. EXECUTIVE SESSION Mayor Nash noted the Council Meeting was called to order at 6:30 P.M. on this evening and it then recessed into an executive session to discuss legal matters. He noted in the cases of Mackey Vs. Burch and Mackey Vs. ;!City, the courts have ruled in favor of the City and all court costs will be accruing to the City. He noted the Council will resume their executive session at the end of this meeting, but that it would not reconvene in formal session to take action on the items discussed in executive session. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Councilmember Monday made the motion to approve of the minutes of February 14, 1984 and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. CONSIDER TAX EXEMPT STATUS FOR A PROPOSED WALKER COUNTY MUSEUM Consider the request by Walker County through its Historical Commission to exempt from ad valorem taxes, the property leased from the Ben H. Powell Trust, that will be used as a museum Mayor Nash introduced this item, noting the Council seems in favor of this request but is concerned that it be done in the most appropriate manner. Mayor Nash presented two alternatives as vehicles to accomplish this tax exemption allowance: an interlocal contract or an ordinance. He recommended that the interlocal contract would be more appropriate and he recommended entering into an agreement with the County. He noted two changes should be made in the interlocal agreement, however, before it is considered. Mayor Nash recommended adding a sentence at the end of paragraph II, to -wit: "Pursuant to the agreement, attached is Exhibit A. " Mayor Nash asked that a third section be added, to -wit: "III. Either party may terminate this agreement at any time upon ;!one year's written notice." He then recommended its approval with these changes. Councilmember Monday made the motion to approve of this agreement, as amended by the Mayor, and Councilmember Corley seconded the motion. Discussion: Councilmember Dowling discussed the need for a disclaimer on this contract. The City Attorney, 'Scott Bounds reviewed this question and it was determined that a disclaimer would not be necessary. Council- member Hodges expressed his concern about the way the City was handling this request for tax exempt status, noting the community is already burdened with a large quantity of tax exempt lands and to allow another didn't seem right. Councilmember Hodges noted the museum project is a very commendable one in that it will be good for the community, but he did not feel comfortable about forgiving the taxes. Councilmember Monday noted this request is different in that it is a project leased to another governmental agency and for this reason, the taxes should be forgiven. It was noted the lease agreement is to Walker County from the Ben H. Powell Trust for $1,00 for 50 years. Mayor Nash noted he detects some uncertainty on behalf of the Council after this discussion and noted he has no problem with tabling this item for another week to allow the Council more time to find answers to their questions. Councilmember Dowling then made a substitute motion to table this item and Councilmember Hodges seconded the motion. All were in favor of tabling the motion and it passed unanimously. CONSIDER STREET MAINTENANCE MATERIALS Consider Bid No. 84 -11 for cold mix and precoat rock for street maintenance use to the low bidder, Azrock Indus- tries, Inc. in the amount of $26,280 from budgeted maintenance funds. Mayor Nash presented this request of the staff. Councilmember Hodges made the motion to approve of the bid as noted in the caption and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. CONSIDER A PARKING AGREEMENT WITH SHSU Consider lease agreement at SHSU for parking Mayor Nash presented this lease agreement which leases to SHSU (for $1.00) beginning September 30, 1984 and renewing automatically for one year periods thereafter, until cancelled by either party by written notice 150 days in advance, the following curb zone parking areas: University Avenue from 16th Street to entrance to campus on 17th Street 16th Street from Avenue H to University Avenue Avenue H from 16th Street to Avenue I Avenue I from 20th Street south to Avenue H Avenue J from 20th Street to 21st Street 20th Street from Sam Houston Avenue to Avenue I 21st Street from Sam Houston Avenue to Avenue J Bowers Boulevard from Avenue H to Sycamore Mayor Nash noted this agreement requires that SHSU provide the City with a written notice of any rules or regulations affecting such leased premises within 10 days and /or within ten days of any change in such rules or ;regulations. Councilmember Corley made the motion to approve of this,lease agreement and Councilmember Hodges seconded lithe motion. All were in favor and the motion passed unanimously. iADJOURNMENT R ectfully u itted Executive Session to discuss legal matters '—Ruth De haw, City Secretary