MIN CC 10/09/1984• MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 9THOAY OF OCTOBER. 1984 kl 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 a regular session with the following members present:
Williani V. Nash, Mayor
0. Eugene Barrett
Murray A. Brown
Stephen E. Davis
Jerry L. Lowling
Bill Hodges
Percy Howard, Jr.
Bob Tavenner
Member absent: Jane Monday
City Officers Present:
Gene Pipes, City Manager
Scott Bounds, City Attorney
Ruth DeShaw, City Secretary
The Mayor called the meeting to order. He then recessed into an executive session to discuss personnel
and legal matters. After the thirty minutes executive session, during which no action was taken, the Council
then reconvened in regular session.
CALL TO ORDER
The Mayor then reconvened the Council in formal session and introduced the invocator. Bishop Don McCullcch
of the Church of Jesus Christ of Latter Day Saints then gave the invocation.
CONSIDER THE MINUTES OF THE PREVIOUS MEETING
Councilmember Hodges made the motion to approve of the city council minutes as prepared for the meeting of
September 25, 1984 and Councilmember Barrett seconded the motion. All were in favor and the motion passed unani-
mously.
PUBLIC HEARING ON THE PROPOSED ANNEXATION
Hear from Registered Spokespersons
Mayor Nash then opened the public hearing. He prefaced the hearings by advising of the receipt of several
petitions from the citizens: a petition dated September 16, 1984 from 29 residents of Southwood Drive, requesting
that the City "not" annex that area; a petition dated September 17, 1984 from 11 residents in the Badger Addition,
petitioning the Council to "refrain" from annexation of the entire Byer Addition; a letter from the people
of Southwood Drive (undated) presented this evening, and a letter fromBettye Robertson, resident of Southwood
Drive, dated October 9, 1984, both expressing reasons why the city should not annex Southwood Drive.
Mayor Nash then explained the annexation process and the events leading up to tonight. He noted any annexa-
tions by the City this year would cause those residents' property to appear on the tax rolls on January 1, 1985
and taxes would be due in 1985. He noted all things prerequisite to annexation have been done and the two public
hearings have been set and the service plans for each area planned for annexation have been prepared. He muted
upon annexation, the following city services would be available immediately: ,police, fire, library, parks and
recreation facilities, code enforcement, street lighting, and municipal airport services. He noted sanitation
service (collection and disposal) is committed by the City to commence within 60 days of annexation. He advised
that the maintenance of street and drainage facilities are also being committed to being maintained commencing
within 60 days of annexation. Mr. Nash noted water and sewer facilities are handled by the city as a proprietary
fund, like a non - profit private business. He noted water and sewer facilities generate sufficient funds by weir
revenues to pay for their expenses. He noted many of the areas being considered for annexation have either water
or sewer, although some have neither. He said most areas have one or the other. With annexation, Mr. Nash, said
the operations would remain as it is -- service connections, fees and extensions of water mains would be handled
through the normal policies of the city. He said the fees would be the same as in all existing areas of the city.
He said the maintenance of the lines would continue as they have been by the City. He advised no extensions to
these facilities are planned, however, in this commitment. He indicated any private water systems in existence in
annexed areas will remain private and may continue to serve their customers, however, no extensions of those
private systems would be permitted.
The Mayor noted other public water systems such as Pine Prairie Water System, etc., would be permitted to
extend service as provided under the Texas Public Utilities Corimission policy. He noted there are existing con-
tracts between the city and individuals /developers in several areas regarding water or sewer lines and these would
continue to be honored. He noted all of these are maintenance on -going services as opposed to major capital
improvement type services. He noted the city is making no commitments regarding capital improvement type services.
These type services include the upgrading of the quality of a facility, such as upgrading of a street from an
unpaved street to a paved street, or the extension of a street or a utility, or new construction of any public
facility. He said any capital improvements would be prioritized on a city wide basis and most likely funded by
a bond program (general obligation funds that would come for street work; or revenue bonds that would come in the
way of water and sewer). After some further explanation, Mayor Nash then called for those who came to speak.
Area A -- Henderson Land Company /Jenkins Road -- No one came to speak.
Area B. -- Brown Oil Tool d Highway 75 North - -- No one came to speak.
Area C' -- Westridge
Louise Allen [1440 Brazos Drive, No. 53 - -owns lot in Westridge -- 295 -1746]
Ms, Allen asked if the streets are going to be maintained in their existing torn up condition.
Mayor Nash noted the City will fill in pot holes, but the city isn't committing to upgrading
the street. Ms. Allen noted the street problem is greater than pot holes, and at a culvert, it does not
exist in some spots because it has eroded away. Mayor Nash noted if a major overhaul is needed,
it will fall into a capital improvements program. Mayor Nash noted if the maintenance crews
can concrete an eroded area as a stop gap maintenance effort prior to a major upgrading, that
he would think this would be done as a matter of minimizing the cost of maintenance, although
he could not be more specific because he has not seen the problem.
Ms. Allen asked how the city would provide fire protection and wondered if the city would install
fire hydrants. Mayor Nash noted the lines in bestridye are smaller than the six inch minimum
required for a fire hydrant, therefore, no fire hydrants would be put in. He said for the lines
to be increased to a six inch line would be a capital improvements program consideration and would
be done in due course as it would fit into the priorities of the entire city.
*Ms. Allen asked if a person on a septic system has to tie into a city sewer system if it is available.
Mayor Nash noted the city's ordinances permit a septic tank system in the city, but if there is a sewer
system available within 200 feet of a residence, it is a requirement that that residence tie onto this
sewer line and abandon the septic system. It was noted that there are areas in the city where septic
systems exist and where a sewer line would be difficult to build.
Phil Scab [171 Westridge Drive]
Mr. Scab noted residents outside the city pay double water rates and he wondered what would be the
situation if annexed. Mayor Nash noted residents newly annexed would begin paying regular rates just
like other city residents.and would not pay the double rate any niore.
Mr. Scab noted there is some common property in Westridge owned by the property owners association
(tennis courts, playgrounds), some 350 residents of Westridge. He asked what would be the outcome of
annexation regarding this common property. Mayor Nash noted it could remain as it is with resident
owners, or it could be deeded to•the city as a park for the city to maintain, if the city accepts it.
Mr. Scab asked if the City would pay the remaining notes on it. Mayor Nash noted this would be subject
to negotiation with the city and this could be done after annexation.
Mr. Scab said the service plan says the lots are three to five acres in size and this is not true.
Mr. Robert Bruner, Developer, said the lots are 3/4 to 3 1/2 acres in size, approximately. Mr. Scab
felt the service plan should be amended to show the correct lot sizes.
In regard to street lights, Mr. Scab asked what the city would do about these. Mayor Nash noted if there
are street lights there now, the city would take over the costs. If there are none, they would have to
be acquired in accordance with the city's street light policy, said Mayor Nash. Gene Pipes, City Manager
noted all utility lines are at the rear of the lots at Westridge and none are adjacent to the streets,
except where the rear lot lines cross across street. He noted it would be extremely difficult to install
street lights in Westridge without setting new poles and bringing lines to the front and stringing them
along the streets. He said the city does not do this. He said if there is a pole adjacent to a street
right -of -way, that overhangs a street, and the lines are there to attach the street light to the power
source, then the city has the street light installed on the available poles.
Mr. Scab asked what would be the advantage of the citizens of Westridge to be annexed. Mayor Nash said
this is an individual thing that each one of you might answer. He noted, however, that all of the
services mentioned at the outset of the meeting would be available to residents of Westridge. He noted
if those services are already available, then you would have the privilege of participating in paying
for them. He said residents annexed would also be involved in participating in the running of the city,
in the elections of elected officials, and being involved in various other operations of the city, which
he felt would be important to those currently in the extraterritorial jurisdiction. Mr. Scab surmiseo
that the financial advantage is "nil," the social advantage is probably significant. Councilmember
Brown reminded Mr. Scab that his water bill would be cut in half. Mayor Nash noted the average person
would pay less by having a reduction in his water bill even with the addition of the ad valorem property
tax. Councilrnember Hodges noted that if an area is annexed, the city does have an irnprovernent plan for
the whole area. He said it may take several years or longer to get around to redoing the streets and
culvert that Ms. Allen spoke about, but at least the opportunity is there much faster through the city
than through individual property owners groups or perhaps through the county.
Robert Bruner [166 Westridge]
Mr. Bruner asked about the land that is behind Westridge. He said there is 156 acres of unimproved and
that he is trustee for in that tract which they planto develop. He said the question is how will they
develop it. He asked if the city will run water and sewer to that location and is it to be developed like
it were in the city or will they continue on like it was out of the city. Mayor Nash noted he could run
septic systems in that area. Mr. Bruner said then we can keep right on just like if we were in the ETJ.
Mayor Nash noted this is correct. He said there are septic systems within the city. He noted the
city's subdivision ordinance is the same whether a development occurs inside the city or out in the ETJ.
Mr. Bruner noted to Ms. Allen who spoke earlier that the County Commissioners just issued some certifi-
cates of obligation to rebuild the road of which she spoke earlier.
Area 0 -- Magestic Forest
Wendell H. Baker [Rt. 2, Box 60 -- 295 -5866]
Mr. Baker noted from the services being offered and because of the way it is explained in the service
plan, it is difficult for one, like himself, to enthusiastically accept the plan of being annexed into
the City where there is offered absolutely nothing at all. He noted by necessity, he has had to meet
these services on his own: water, lighting, sanitation. He said the service needed most in his area,
due to the topography of the land, is a city sewage system. He noted the water available in that area
is off of a line not of sufficient size to provide fire plugs, etc., which will be necessary to meet
the future needs of this area. He noted he did not see that his area would ever have a high priority
for extension of services, since it is not a developed area, as opposed to other areas of the city that
are in ',need of city services that are already developed. He noted he did not see why the city wanted to
annex his corner if it could not provide basic city services to the area at this time. he noted sewer
service would have to be provided with the use of several lift stations because of the lay of the land.
He noted he does not mind helping the city improve, but noted the availability of money to an individual
to make these kinds of improvements is nil in Huntsville. He said there is not one financial entity in
the city that is willing to go along with individuals like himself in providing these types of services
(water and sewer) improvements to an area. He noted he has been trying to improve some property in this
area and to get a building program going, but the cost that is most prohibitive is that of providing
sewage and adequate water for fire protection, etc. to the area. He noted if there is something the
city can do, through agencies like HUD, or those who can assist in these things through the City, he
would be interested in being in the city because these kinds of monies are not available outside of
the city channels to private individuals like himself. He noted he is willing to pay for it, but the
terms have to be reasonable for an individual. He noted the city is in a position to float these bonds,
revenue bonds, in paying for these improvements. He noted it will be added to the cost of the lots and
the costs of developing. He noted it is prohibitive for individuals, like himself, to come up with
$200,000 or $300,000 to put down a system before a single deed can be written or a single lot sold.
He said he sees no asset in being a part of the city and felt that the annexation line was deliberately
moved over a block to take in his little corner or buildings. he noted he cannot develop his land until
and unless city services are extended and provided. He noted he was anxious for the city to annex him
and his land if it will in turn make water ard sewer services available so he can pay for it.
Mayor Nash noted the city will not be taking away anythiag that is there now. He said the only direction
he could go as a city resident, is up. He said the city has a water and sewer system. His only hope
if getting the things he needs is through the city. He noted the city wants to be a part
of this and to provide those things for his area; however, it does not want to become the
developer and it wants to consider him in priority with everyone else in the city. he said
based on those things, he will be taken care of in due time. He said plans are underway
to initiate bond programs in water and sewer next year. He said the current water rate
provides for sufficient income that bonds can be issued next fall -- revenue bonds. He
said he is not saying that any of those revenue bonds will be used on the newly annexed
areas, but the newly annexed areas will be a part of the priority list that is involved
with those. He noted the city is aware that it needs an ongoing program. He said the
city is also committed and it has already made attempts to get additional HUD grants. As
areas are eligible and the city can get HUD grants, it will continue that process. Council -
member Hodges noted the priority list would be on need and not on how long one has been in
the city.
Mayor Nash noted sewer in this area is a problem because there are seven basic drainage
areas. One must either have a sewage system in each of those or pumping facilities to
pump it over to one of'those areas, he said. He said that fact does make sewage particularly
costly. Mr. Baker noted this is the major cost and the fact that you need a double set of
lines: gravity flow lines and the high pressure lines coniing from the lift station.
He asked that he be dropped from annexation because he could see no reasons why he would
gain anything from being in the city at this time. He noted it would be difficult for him
to try to develop or do anything with his land if annexed because of the type of criteria
with which he would have to comply. Mayor Nash noted the design criteria of the subdivision
ordinance would not change for properties being developed inside or outside.
Area E -- Highway 75 South -- No one came to speak
Area F -- Southwood Drive
Bettye Robertson [216 Southwood Drive -- 295 -8380]
Ms. Robertson noted the Council is in receipt of their petition indicating they wish not to be
included in the annexation and that the petition represents all of the property owners. She
then asked that those representing Southwood Drive who are present at this hearing rise to be
recognized. All those present then rose. Mayor Nash thanked all of them for coming.
Ms. Robertson then read from a prepared and distributed memorandum to the Council dated October
9, 1984: "In September of 1980 the residents of Southwood Drive appeared before the City
Council in an effort to explain our support of the city of Huntsville, but our objection to
being annexed into the city. So once again we appear before the Council.
"It has been mentioned repeatedly that we reap the benefits of the city without paying the
price. Many of the things listed- -such as the library, the pool, the parks, etc. - -are not
even used by our residents.
"It should be clearly understood that the residents of Southwood do support the city of
Huntsville financially. We continue to support local businesses, services, and banks. We
shop in Huntsville and sales taxes make up 28;G of the General Fund revenues as opposed to
only 22% for property taxes. The remainder of the General Fund revenues come from licenses
fees, fines, permits, etc. We contribute to these revenues either directly or through our
support of businesses in Huntsville. Our tax dollars provide funds for federal grants and
revenue sharing which benefit the city. Our gasoline taxes contribute to state funds which
are channeled into Highway Department maintenance and used for upkeep of main arteries.
"We understand that Huntsville water, sewage, and sanitation funds are self- supporting.
A few Southwood residents continue to use and pay for water via the water line purchased
by those residents. We continue to take care of our own sewage. Our solid waste disposal
is still handled by private collectors, who pay at the rate the city has set in order to
deposit at the city landfill.
"Residents of Southwood continue to make contributions to thepolice officer's fund and the
fire department fund.
"Many of us continue to live on Southwood even though our work outside the city and county
would have made it more convenient to live and spend our money elsewhere.
"We respectfully remind the Council that we did not locate on the edge of Huntsville.
Huntsville has expanded to our location.
"In conclusion, we feel that we do pay our way andwe should not be annexed because of the
assumption that we do not."
She concluded by saying: "Why should Huntsville take on another responsibility when it is
not necessary."
Erich Krumm [500 Southwood Drive -- 295 -8471]
Mr. Krunm noted the appreciation of the Southwood Drive residents for the opportunity to
express their opinions to the Council. He noted these residents are opposed, unanimously,
to annexation. He then read from a prepared statement that was presented to the Council:
"The Southwood area is a narrow strip of land, one lot deep, bounded by the Texas
Department of Corrections Goree Unit on the south, and the U. S. Forest Service Munson Survey
and a large pasture on the north side. At the east end Southwood is six and one -half miles
from the center of town. There are no foreseen changes in the rural nature of the three
ownerships that block in the Southwood strip. Residences are all single - family located mostly
on large lots. All lots have been sold and most have been occupied for 15 -20 years. The nature
of the area has not changed much over that period of tine. It is not a developing neighborhood.
"There are 20 property owners, about 25 houses and mobile homes, and a total of about 50
persons living in this mile -long strip.
We believe that annexation would be unfavorable to the City of Huntsville as well as to the
residents and property owners along Southwood. Some of the evident disadvantages to the
City of Huntsville are as follows:
rr,uL 4o,
"1. Street maintenance would increase by a mile for twenty -five horses on only one side of the
street. This is a road used regularly by logging trucks, occasionally by dirt haulers, and
daily by heavy car traffic. The base soil is not very stable which causes the need for
repeated repairs.
"2. A sewage line would be expensive for the few homes involved. Along the mile in question,
the land slopes downhill from the present city limits to the end of the proposed annexation.
There are several minor drainages resulting in an undulating slope. The present lift station
near Highway 75 shows on a topographic map to be about 400' elevation. The same map indicates
that the east end of Southwood is about 365' in elevation. irr between is a rise to 41U', a
drop to 380' and another rise to 397'. I am not an engineer, but it is evident that sewage
service would require two lift stations and over a mile of gravity flow and pressurized sewer
line.
[ "Not only that, but this soil is classified as a Depcor - Huntsburg Association. The Soil Conservation
Service describes it as having a 'low potential for urban development.' The Huntsburg soil has a
clayey subsoil that shrinks and swells and has low strength. It has a high water table, meaning
maintenance problems in the future.]
"3.
City water is already available through a privately financed line. Rates for services and tie -
ins are double for non - residents of Huntsville. Annexation would cause the loss of half of the
current water revenue and any future tie -ins.
"4. Garbage pickup would have a higher than average cost because of spread -out homes, deep driveways
and having to double back once pickups were made. The few homes are on one side of the street.
"5.
"6.
"7.
Private collectors now provide this service which would be expensive and highly inefficient
for the city.
Police patrol time would be inefficient due to the small number of homes involved for the length
of road and the need to return along the same route. A patrol• car on Southwood would have a long
way to go if needed elsewhere in Huntsville, a situation analogous to the county's Kittrell cutoff
problem.
Street lighting will be expensive for the number of people served.
Any surveying, mapping or other similar costs will be above average due to the strip nature of
Southwood and the few homes.
"These disadvantages to the City are compounded when one realizes there will be no real gain in services
for Southwood. Security, sewage, garbage, water and lighting are now provided for in a very satisfac-
tory manner. City ordinances properly enforced would inpair the use of dogs as a deterrent to tres-
passers. Sewage tie -ins for over half the homes would require lifts to reach the right -of -way, a large
expense when the current situation with a rural setting allows the use of septic tanks with no problems.
"We sincerely believe annexation to be detrimental to both the city and to ourselves. Fifty people
certainly do not justify the expenses that will be required by the city to provide full services.
The area is currently within the extra - territorial jurisdiction of the city, which allows very firm
control of direction of events as much as if we were in the city.
"The people of Southwood Drive are unanimously opposed to annexation. We are opposed because of not
only the immediate effect on us, but also because of the fear that through the power of taxation,
the city will force a change in the rural nature of our area. We bought this land, worked with it
and have jointly fought to preserve its natural setting. We will continue in the future to act
cohesively as an organization to keep Southwood attractive and to see that it is treated fairly."
Mayor Nash clarified that the City is not making a cormritment to install a sewer line. He said the
residents would continue to use the septic systems already there, after annexation. Mr. Krumm said
they see no gain as far as services are concerned and none for the future regarding sewer lines;
because there is no development out there to justify putting them in. He said their situation is
that they would stay the same. He said for the services they receive, they feel they more than pay
their way in the City of Huntsville. Mayor Nash noted any sewer system out there would have to fit
into the city's priority system and from what has been pointed out, its priority would be lower than
for another area. He reiterated the services that will De provided immediately. He noted the city
cannot selectively tax only those residents who use the many services that are provided, such as
little league, library, etc. Mr. Krum said most of the residents are elderly or have no children
still at home and therefore do not use these types of services. He said through their sales taxes
and federal taxes, licenses, fees, these residents do contribute to the City of Huntsville. Mayor
Nash noted he must realize, of course, that they pay "no more" sales taxes or excise taxes or federal
taxes than the people living in the city, plus those people living in the city also pay ad valorem
taxes in addition to that. Mr. Krumm said but they are receiving police service, which we do not
desire, and they are receiving other services which we do not desire. He said they would have no
objections to paying special fees for county residents to use the Library. He said as far as using
the city streets, he said the city could advertise to the people of the county that they are a burden
to the City of Huntsville If I am a burden to Huntsville, "he said, when I go shopping, I think
Huntsville ought to let the people of the county know this." Mayor Nash said that he would think
that as many times as Southwood Drive has been considered for annexation that this would indicate
how much Huntsville wants them. A retort came from the audience saying that the city just wants their
taxes. Mr. Krumm thanked the Council for the opportunity to express the opinions of Southwood Drive
residents. Mayor Nash thanked both Mr. Krumm and Mrs. Robertson.
Area G -- Boettcher's Mill
B. R. Murphy [Highway 190 East]
Mr. Murphy noted he has been at his current location for twenty years and has witnessed several annexa-
tions and he knows what the situation with his area has been. He wondered, now that the city has
decided to take them in, that since he is within 200 feet of a sewer lift station if he could be tied
on. Mayor Nash said the 200 feet refers to a sewer line, not a lift station. Mr. Murphy said sewer
service is the big problem in his area. He said there are 20 houses out there and nine /tenths of the
residents are old enough to retire and they're sitting out there trying to live in a frame building
and they are all wondering how long it will be before they will get sewage service. He said there is
a lift station out there on Highway 190 right below the middle school. Mayor Nash noted in accordance
with the service plan, there is not a commitment made by the city for sewer, however, it has been
stated as a consensus of the Council and work has already been done to make every effort to get a
HUD grant for that area. He said it will most likely take such a grant to provide sewer service
to the entire Boettcher's Mill area. He said it is likely this area will qualify for a HUD grant.
He noted it must wait in line for funds to be available, but work has been initiated by the city
to reach that goal. Mr. Murphy noted it is his understanding that the city is trying to annex
all this land by the last day of December so these properties can be on the tax roll for 1985.
Mayor Nash noted this is correct. Mr. Murphy wanted to know what will be done about the water
bill. He said they are on the old Gibbs two inch line which feeds about six houses. He said
when someone turns on their washing machine below one of the other houses, there is no pressure
at the other houses. He asked what the city would do about the garbage bill because it charges
for it on the water bill. Mayor Nash said the water will be taken care of the same way the
sewer will be taken care of with a HUD grant or something of that nature as it is a capital
expenditure and not a part of maintenance. He noted the city will take over the system
that is there and maintain it. Mr. Nash noted the HUD grant would cover water, sewer and
streets. He said in accordance with the service plan, garbage collection would start within
60 days by the city at the regular rate that is charged any other city resident. Mr. Murphy
said in the last annexation, the city came out and got all the brick buildings and left the
frame homes laying out. He then said: "'T A X,' that's what you wanted and that is what you got."
Mr. Pipes, City Manager, noted the water bill will be half what it is now. Mr. Murphy noted he is
not complaining about the price of water because it does not run over $20.00 per month, which is
the flat rate, and said he has all the water he needs. He noted what he is concerned about is the
pressure - -they don't have pressure. Councilmember Hodges noted the question of when he would get
a bigger water line is hard to say, but from what Mr. Murphy has described, it sounds as if this
area would have a very high priority. Mr. Murphy noted there is a fire plug near him, on Dogwood
Street, and he was not too concerned about that, but the old two inch line is forever stopping up
with corrosion, noting Huntsville's water will eat any line out. Mayor Nash noted this is a bad
situation in that area and it will have a high priority. In addition, he said, the city is committed
to seeking a HUD grant for that area that will generally solve water, sewer and street problems.
He said without the HUD grant, the city will still do what it can, but it will be in priority with
the entire city's needs. Mr. Murphy noted contrary to the lay of the land at Southwood, Boettcher's
Mill all sets right there on a ridge beside the school house. In conclusion, Mr. Murphy asked if
annexed, which one of the Council would be their councilman. Mr. Nash noted it is riot yet clear
how that would be divided. Mr. Murphy noted he just wanted to know who to jump on when the time
comes.
Area H -- Badger Addition
Mayor Nash noted a petition has been received regarding this Addition, dated September 17, 1984 and
signed by 11 residents. He said the petition asks the Council to refrain from annexation of the entire
Badger Addition because only a few more of the undeveloped lots in the Badger Addition can be served
by the city's sewer lines; because of the terrain, the remainder of the residents are strongly tied
to the Johnson Road area, which is not under consideration for annexation; and because the residents
feel that a more appropriate plan would be to annex the entire Badger Addition at the same time as the
Johnson Road area, and possibly the Champion Paper Company area.
John McCoy [1615 Bagwell -- 295 -3410]
Mr. McCoy noted if the city makes a decision to annex based on the information in the service plan for
this area, it will be making a decision on incorrect information. He said there are more paved streets
than recognized in the service plan. He noted residents helped pay for the street and the city maintains
about 500 feet of it, part of the time. He said County Commissioner Curtis Ellisor runs his trucks over
it and the street is now almost a total disaster. He said if the city takes this area in, then Mr.
Ellisor won't even keep up his part of the maintenance. He noted if the city is going to maintain the
street rather than the county, it will be spending more money. He noted the service plan says the
area is served by city water and sewer facilities. He said this is not totally true because, due to the
topography, the residents in the southeastern section are unable to connect to existing lines. He noted
this is why he is here as he is in that most southeastern part. He said septic tanks work, but not all
that great, and he was excited when the city decided to run a sewer line, except that the city stopped
it about 700 feet from his home and went north with it. He said he questioned why the city aid that
and they responded that the sewer line was about ten feet above his home and that the city had no inten-
tion of running it on down his way because the city did not anticipate annexing that area for a long
period of time. He said the six inch water line was not even run down as far as the sewer line. He
said there are four or five other houses near him and those residents have no hope of ever tying on to the
water and sewer lines. He asked the Council to consider annexing Badger Addition only when it considers
annexing Johnson Road behind them. He said the story he got when he asked is that any annexation would
probably stop where the sewer line stopped. He noted he was not real happy with this, but he figured
that when it came to annexation time, the city would forget about where the sewer stopped. He noted
his tax bill would be somewhat less than the extra he pays on the water bill, however, but he would,
if he has his preference, rather be out in the county than be annexed into the city.
Mr. Nash noted with regard to the service plan's mentioning of the paved streets being only 3/10's of a
mile, this refers to plats that have been filed with the county. He noted some of the side streets have
not been platted and therefore are not considered public streets. He said if they haven't been turned
over to the county, then they would not be coming into the city for maintenance, but would remain private
streets or private lanes.
Curtis Ellisor [2305 Badger Lane - -295 -7984]
Mr. Ellisor noted there are no private streets in the Badger Addition. He noted they are all deeded
to the County. Mr. Nash noted the city will then check on this to be sure that the service plan is
accurate. He said if these are county roads now, they would become city streets when annexed.
Mr. Nash noted Mr. McCoy can continue to use his septic tank, but being a resident of the city would
at least get him on a priority list for city services.
Area 1 -- Fish Hatchery E Anders Lane
Robert A. Jiles [4501 McAdams Drive -- 295 -3283]
Mr. Jiles noted he bought his property out there in 1981, which is attached to the Shady Lane area, which
was annexed some time ago. He noted when he began to build his house in May of 1981, he inquired of the
city regarding permits, water lines, etc., and he was told to get a county permit and that he could tie
onto the existing water line with no problem. He rated he signed a contract for his house, began build-
ing the house and came down to the city to get his water hooked up. he was than told by the city that
he was a contractor developing a subdivision and he had to put in a new water main. He noted
Mr. Pipes was contacted at this time. He said he ended up paying for a six inch water main
coming off of Highway 19 through McAdams Drive. He said this line cost him over $2,000. He
said at the same time he put in a sewer line which cost about $30,000, $15,000 of which was
paid by the residents at $1,500 each. He noted he and two other people are on a six inch
water line Out there and it deadends back on McAdams Drive onto a one and one -half inch water
line. He said at the time, he was told he would get a fire hydrant down on the end of this
water line, when he paid for the Six inch water line, but it has not yet been done and he asked
if it will be done. He noted he hopes other people have better luck with the city than he has
had
Mr. Pipes, City Manager, reviewed the Shady Lane septic tank problem of the residents. He
noted the problem in question was at the rear of all of the lots that front on Shady Lane
which shared in the same general drainage area and would contribute to the major problem
with the sewer at that time. He noted the existing two inch water line down Shady Lane
caused severe pressure problems, and adding another house to those pressure problems would
have aggravated an already bad situation. He noted in order to try to remedy some of the
ongoing problems, this six inch extension was brought in the rear of a couple property lines
down to Mr. Jiles place and then back to Shady Lane in order to loop a portion of it to give
better service. He said at the same time, the city completed the sewer line on the east slue
of Shady Lane and gave the sewer service for the first time in probably 20 years to those houses.
He said the City participated in one -half of the total cost of that sewer extension, paying some
$15,000 and the individual property owners shared in the other $15,000, some nine residents.
He noted in installing the sewer line, problems were incurred regarding revered trees which make
up Shady Lane, so that it was a very difficult situation at that time. Mr. Pipes noted there is
a fire plug immediately adjacent to Shady Lane on Highway 19. He noted if there is not a fire
plug on the six inch line, the city needs to go back and look at this. Mr. Jiles assured Mr.
Pipes there is no fire plug on the six inch line. Mr. Jiles was concerned that even though he
contacted the city at the onset of his building program, he still ended up paying almost 54,000
for water and sewer; if he had known this initially, he would not have built on that site. He
felt he received bad information from the City which cost him almost $4,000.
Mrs. William R. Powell [Rt. 5, Box 518 -- Anders Lane - -291 -9143]
Mrs. Doris Powell noted her concern about their small water line that serves approximately six houses.
She said she lives at the end of this small water line and when she gets ready to wash, she doesn't
have water. She expressed her concern also about sewage service because of the terrain and the uncer-
tainty of what kind of sewer service the city could provide. She was concerned about the dilution of
the maintenance of streets, police services, etc. for the first part of the new fiscal year because
the budget has already been adopted and the annexations have not been included in the fiscal planning
of this budget. She said if the city has a problem maintaining existing city limits, she wondered
why it would want to add to this burden.by annexing them.She said she is asking the Council at this
time that when they get ready to draw their line, to please remember that she came before them asking
them not to include Anders Lane. Mr. Nash noted regarding the dilution of services she mentioned,
that only 3 /4th of the year or nine months would be remaining in the current budget year and that
street maintenance would be diluted approximately 8% so that each segment of street in the city,
including the newly annexed areas, could expect 92% of what the city would have expected without the
annexation. He said the police services would be diluted approximately 4 -5% so that you would expect
95- 96 %.of that. He was not aware of any other services that would be diluted.and even these are so
undefinable that the city does not anticipate this being a problem. He noted the water and sewer
needs will be a part of a capital improvements program within the priority index of the entire city.
Mayor Nash noted regarding the dirt road (Anders Lane), the city has made an effort in the past to
put some paved surfacing on all streets and we are now down to two miles that don't yet have it out
of some 77 miles of streets in the city. He noted it has been a policy in the past to improve those
streets, but it has to be done in a priority system.
Barry Hawes [Strawberry and Highway 30 -- 291 -7368]
Mr. Hawes noted he is already the recipient of a number of tax bills from the city as he is the owner
of some apartments and projects within the city. He noted he approaches this annexation program with
the same enthusiasm that perhaps the citizens of Austria approached the annexation by Hitler. He
noted he too offered code enforcement and a giant tax bill. He said he had a difficult time seeing
how either one of them, the residents of this area and the city, will benefit from this program.
He said he has a washateria on 10th Street and as late as 4:00 P.M. today, it was robbed and this is
the third day in a row that it has been hit by robbers. He noted it was also robbed last week. He
said he didn't see how, if our police officers are lurking out on the back 40 of the Fish Hatchery area,
are we going to catch these people. He said right behind Entex and Gulf States he has an apartment
project and a woman was raped there two years ago and this case is still unsolved. He said he doesn't
see how we can possibly, as citizens paying taxes in Huntsville, tolerate any less services than we
already have. He noted the Evelyn Apts. on Avenue N and 21st Street have perhaps been in the city
since its original charter, but they do not get water to the second floor. He asked how are the
people that are paying taxes in the city and receiving city water going to benefit when the city takes
on these additional responsibilities. He noted the dumpster behind Entex is overflowing all of the
time. He asked how possibly without a capital improvements program right away and more taxes are we
even going to serve what we've got within the city, let alone take on anything else. He noted in con-
clusion, rather than just being a part of the problem, he intended to be part of the solution if the
city does annex him, so he then announced his candidacy for the city council. Mayor Nash congratulated
him and wished him the best of luck.
Mayor Nash asked if any of those arriving late would like to speak to any area.
Thelma Bruce [368 Forest Lane -- Westridge Subdivision]
Mrs. Bruce felt everyone should share in the expense of maintaining the city, but she felt that an
additional city tax would be more fair because we have alot of people in Huntsville who are renting
and are here temporarily and many people come here to shop and they use the streets as much as
people living here. She felt it would be beneficial to increase the city's sales tax rather than
tax the property owners more.
Mayor Nash noted the Council has made only one official decision regarding annexation and that was to hold
public hearings. He noted although he presided this eveiing, he was not speaking for all of the Council, but just
tried to clarify points.
Councilmember Hodges thanked everyone for coming to the public hearing. He noted the Council is aware they
are very serious about this and feel strongly about it. He noted the city is not going to jump out and annex
anybody with a half- hearted program if any annexations are made. He said nothing has been decided at this point.
He Said the Council will simply take all of the information the staff has given the Council, and all of the
information given to them tonight, and the Council will then do its homework and come up with some answers.
Mayor Nash then closed the public hearing.
CONSIDER RIGHT -OF -WAY DEED
Consider acceptance of a right -of -way deed for 10th Street across the Black Estate tract between Normal
Park and Highway 75 North
Mayor Nash noted Mr. F. Ray Black, Jr., et al will convey to the city a right -of -way deed regarding the
extension of 10th Street. He noted they do reserve, however, that the city will agree, that for a periud of
ten years that the city would riot assess the Black estate for improvements on the right -of -way as long as they
still own it. He said any part of the property that is sold to someone else would be assessible, and after
ten years, this provision would no longer prevail in any case. Councilmember Hodges made the motion to accept
the provisions of this right -of -way deed as presented by Mayor Nash and Councilmember Howard seconded the notion.
Councilmember Dowling asked if they retain mineral rights, he assumes this is not a problem. Mr. Pipes noted
this is common in all right -of -ways for the original owner to retain minerals, noting they are in such a
fraction line form that they would be of no material benefit. Councilmember Dowling said to make note of this
should they hit oil; it is of no material benefit. All were in favor of the motion on the floor and it passed
unanimously.
CONSIDER RESIDENTIAL GARBAGE TRUCK
Consider Bid No. 85 -1 for a residential garbage truck, Sanitation Division, to Basic Waste System for $50,241.04
without trade -in as a scheduled purchase with a Certificate of Obligation
Mayor Nash presented this bid and noted only one bidder responded. He reconnended acceptance of the low
and only bid, which is less than the budgeted amount. He noted staff recommends we accept the bid for delivery
in two weeks rather than the alternate bid for delivery in 90 -120 days, although the price is some $750 more.
it has been pointed out that the savings in fuel for this truck, which is diesel,over the existing truck, will
come to approximately $750 and there will be less maintenance on the new truck. He noted this will mean going
for the higher bid, which is $50,241.04. He noted it is also reconnended by the staff that we do not accept
trade -in which was bid in the amount of $4,775 because the city can receive more than this by offering that
truck for separate quotations. Councilmember Brown made the motion to award the bid to Basic }taste System for
$50 241.04 for delivery within three weeks and Councilmember Hodges seconded the motion. The Council made
it clear that it is stipulated in this motion that the Council agrees to pay the higher price only if delivery
is made within three weeks. All were in favor of this motion and it passed unanimously.
CONSIDER ORDINANCE
Consider ordinance NQ. 84- 10 -9.1 authorizing issuance of an equipment acquisition certificate of obligation
for a rear loading garbage truck
Mayor Nash then presented this ordinance, the caption of which is as fotlows:
ORDINANCE NO. 84 -26
AN ORDINANCE AUTHORIZING ISSUANCE OF A CITY OF HUNTSVILLE, TEXAS EQUIPMENT ACQUISITION
CERTIFICATE OF OBLIGATION IN THE AMOUNT OF $50,241.04; AND CONTAINING OTHER PROVISIONS
RELATED TO THE SUBJECT. [$50,241.04- -four years]
Councilmember Hodges made the motion to adopt Ordinance No. 84 -26 and Councilmember Howard seconded the
motion. All were in favor and the motion passed unanimously.
CITY MANAGER'S REPORT- -Gene Pipes
Public Hearing -- October 16 -- Handicapped Evaluation for Revenue Sharing
Gene Pipes noted this public hearing will be held next week to meet a new revenue sharing requirement to
detail and analyze and self - evaluate our compliance with the handicapped statutes that are presently in force.
He noted the City Attorney, Scott Bounds, had provided to the Council the complete recap of the handicap report
that will serve to meet the requirement under Federal Revenue Sharing Law. He noted it for the Council's infor-
mation tonight so that the Council is prepared to answer questions. He noted the city has contacted the group
involved with the handicapped group locally, as a matter of procedure as well as other individuals that have
specific concern in this area and they have received this same information as is in your packets. He noted
this is a new procedure and we have not had to do this before. He noted we have checked all of our buildings
and we feel quite confident that we are in compliance.
MAYOR'S ACTIVITY REPORT -- William V. Nash
Planning Commission Appointments
Mayor Nash then made the following appointments to the Planning Conniission:
Wayne Rainwater to assume the unexpired term of Rick Hartley
which is due to expire October 1, 1985. He
noted Mr. Rainwater would then be eligible
for reappointment to a full three year tern.
Gary Bell to replace outgoing Mary Frances Park
for a three year term ending October 1, 1987
Councilmember Dowling made the motion to approve of these appointments and Councilmember Barrett seconded
the motion. All were in favor and the motion passed unaninously.
COUNCIL ACTION
Grocery Baskets -- Councilmember Howard noted something should be done about grocery baskets because they
. are causing and may cause in the future, injuries to people and damaye to automobiles at the local
•
. grctery stores. He asked the city staff to look into this to give it some thought as to what we might suggest
to the local grocers to lessen or eliminate this hazard.
Intersection of 75 North & llth Street -- Councilmember Barrett noted that on the island at this intersection,
there has been for several weeks, a little piece of tire and other debris. He noted he started to get
out to pick up this tire himself, but felt that this whole area needs to be cleaned up. He asked whose
job it is to do that. He said city trucks pass right by there ten times a day with two people in each
truck, yet this garbage stays laying there. Gene Pipes, City Manager, noted in general terms, the state
highway intersections are state highway maintained, but for something this obvious, it certainly can and
will be taken care of by the city.
Intersection of 75 North & llth Street -- Signalization Installation -- Councilmember Dowling noted at this same
location, and he has raised this issue before, there is an extremely long red light for motorists traveling
north on Avenue Q. He requested that a sign be placed there to advise that it is a long cycling light to
encourage people not to run the red light thinking it is not functioning properly. Mr. Pipes noted this
was checked the last time it was mentioned and the highway department and city checked it to find that the
longest cycle is some 37 seconds long and he noted there are some five movements off of this light. He
noted a motorist might find 37 seconds to be a long time especially when he does not notice any other
activity on the light. The Council felt the sign suggested by Councilmember Dowling would solve the
question.
Street Light Request - -21st & Q -- Councilmember Dowling noted he has received a citizen request for a street
light at the vicinity of 21st Street and Avenue Q. He said he traveled the area and said there is a light
pole half way up the block on 21st Street. Mr. Pipes said he thinks this is a telephone pole rather than
a GSIr power pole and there may be no power at that site, but he would check on it.
EMS Thanked -- Councilmember Dowling expressed publicly his appreciation for the fine job the EMS personnel did
in coming to his aid on Saturday. He noted they do operate just like on TV and talk to the doctors and all
that.
Prison Museum -- Councilmember Dowling noted the Prison Museum is open on Saturdays and Sundays in October. He
said a portion of it is open during the day time out in the main entry of the Criminal Justice Center.
He noted it Is quite interesting. He said on the weekends they briny out more of the exhibits. He noted
there is a large collection of photographs as well as displays and video presentations. He directed this
information to the attention of the Council and the news media.
Traffic Problem -- Interstate 45 Exit in Front of Goodman Chrysler -- Councilmember Hodges noted this is an
extremely dangerous off ramp from the freeway. He said although he did not know what the immediate
solution should be, he felt a set of yield signs, stop signs, or something should be considered. He
asked the city to get with the highway department to find some sort of solution to that and other
ramps off of the interstate.
Public Hearing -- Councilmember Hodges felt the hearings went very well because of the way in which the Mayor
handled them. He then congratulated him. Mayor Nash noted those present to speak also helped make the
hearings orderly and efficient by their conduct.
Mayor and Council's Reception -- Mayor Nash reminded the Council of the Reception to be held at the FliB Flag Room
next Tuesday night from 5:30 P.M. until 7:00 P.M. Councilmember Davis requested a formal invitation be
sent to all of the Council hosts and hostesses.
ADJOURNMENT
ctful y su milted
Ruth DeShaw, ity Secretary
October 9, 1984
DJw '
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD Si THE 9TH DAY OF OCTOBERi -1684 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 a regular session with the following members present:
William V. Nash, Mayor
0. Eugene Barrett
Murray A. Brown City Officers Present:
Stephen E. Davis
Jerry L. Dowling Gene Pipes, City Manager
Bill Hodges Scott Bounds, City Attorney
Percy Howard, Jr. Ruth DeShaw, City Secretary
Bob Tavenner
Member absent:
Jane Monday
The Mayor called the meeting to order. He then recessed into an executive session to discuss personnel
and legal matters. After the thirty minutes executive session, during which no action was taken, the Council
then reconvened in regular session.
CALL TO ORDER
The Mayor then reconvened the Council in formal session and introduced the invocator. Bishop Don McCulloch
of the Church of Jesus Christ of Latter Day Saints then gave the invocation.
CONSIDER THE MINUTES OF THE PREVIOUS MEETING
Councilmember Hodges made the motion to approve of the city council minutes as prepared for the meeting of
September 25, 1984 and Councilmember Barrett seconded the motion. All were in favor and the motion passed unani-
mously.
PUBLIC HEARING ON THE PROPOSED ANNEXATION
Hear from Registered Spokespersons
Mayor Nash then opened the public hearing. He prefaced the hearings by advising of the receipt of several
petitions from the citizens: a petition dated September 16, 1984 from 29 residents of Southwood Drive, requesting
that the City not annex that area; a petition dated September 17, 1984 from 11 residents in the Badger Addition,
petitioning the Council to "refrain" from annexation of the entire Badger Addition; a letter from the people
of Southwood Drive (undated) presented this evening, and a letter from Bettye Robertson, resident of Southwood
Drive, dated October 9, 1984, both expressing reasons why the city should not annex Southwood Drive.
Mayor Nash then explained the annexation process and the events leading up to tonight. He noted any annexa-
tions by the City this year would cause those residents' property to appear on the tax rolls on January 1, 1985
and taxes would be due in 1985. He noted all things prerequisite to annexation have been done and the two public
hearings have been set and the service plans for each area planned for annexation have been prepared. He noted
upon annexation, the following city services would be available immediately: ,police, fire, library, parks and
recreation facilities, code enforcement, street lighting, and municipal airport services. he noted sanitation
service (collection and disposal) is committed by the City to commence within 60 days of annexation. He advised
that the maintenance of street and drainage facilities are also being committed to being naintained commencing
within 60 days of annexation. Mr. Nash noted water and sewer facilities are handled by the city as a proprietary
fund, like a non- profit private business. He noted water and sewer facilities generate sufficient funds by their
revenues to pay for their expenses. He noted many of the areas being considered for annexation have either water
or sewer, although some have neither. He said most areas have one or the other. With annexation, Mr. Nash, said
the operations would remain as it is -- service connections, fees and extensions of water mains would be handled
through the normal policies of the city. He said the fees would be the same as in all existing areas of the city.
He said the maintenance of the lines would continue as they have been by the City. He advised no extensions to
these facilities are planned, however, in this commitment. He indicated any private water systems in existence in
annexed areas will remain private and may continue to serve their customers, however, no extensions of those
private systems would be permitted.
The Mayor noted other public water systems such as Pine Prairie Water System, etc., would be permitted to
extend service as provided under the Texas Public Utilities Commission policy. He noted there are existing con-
tracts between the city and individuals /developers in several areas regarding water or sewer lines and these would
continue to be honored. He noted all of these are maintenance on -going services as opposed to major capital
improvement type services. He noted the city is making no commitments regarding capital improvement type services.
These type services include the upgrading of the quality of e facility, such as upgrading of a street from as
unpaved street to a paved street, or the extension of a street or a utility, or new construction of any public
facility. He said any capital improvements would be prioritized on a city wide basis and most likely fundeu by
a bond program (general obligation funds that would come for street work; or revenue bonds that would come in the
way of water and sewer). After some further explanation, Mayor Nash then called for those who came to speak.
Area A -- Henderson Land Company /Jenkins Road -- No one came to speak.
Area B.-- Brown Oil Tool 8 Highway 75 North • -- No one came to speak.
Area C' -- Westridge
Louise Allen [1440 Brazos Drive, No. 53 - -owns lot in Westridge -- 295 -1746]
Ms. Allen asked if the streets are going to be maintained in their existing torn up condition.
Mayor Nash noted the City will fill in pot holes, but the city isn't committing to upgrading
the street. Ms. Allen noted the street problem is greater than pot holes, and at a culvert, it does not
exist in some spots because it has eroded away. Mayor Nash noted if a major overhaul is needed,
it will fall into a capital improvements program. Mayor Nash noted if the maintenance crews
can concrete an eroded area as a stop gap maintenance effort prior to a major upgrading, that
he would think this would be done as a matter of minimizing the cost of maintenance, although
he could not be more specific because he has not seen the problem.
Ms. Allen asked how the city would provide fire protection and wondered if the city would install
fire hydrants. Mayor Nash noted the lines in 6estridge are smaller than the six inch minimum
required for a fire hydrant, therefore, no fire hydrants would be put in. He said for the lines
to be increased to a six inch line would be a capital improvements program consideration and would
be done in due course as it would fit into the priorities of the entire city.
Ms. Allen asked if a person on a septic system has to tie into a city sewer system if it is available.
Mayor Nash noted the city's ordinances permit a septic tank system in the city, but if there is a sewer
system available within 200 feet of a residence, it is a requirement that that residence tie onto this
sewer line and abandon the septic system. It was noted that there are areas in the city where septic
.systems exist and where a sewer line would be difficult to build.
Phil Scab [171 Westridge Drive]
Mr. Scab noted residents outside the city pay double water rates and he wondered what would be the
situation if annexed. Mayor Nash noted residents newly annexed would begin paying regular rates just
like other city residents,and would not pay the double rate any more.
Mr. Scabnoted there is some common property in Westridge owned by the property owners association
(tennis courts, playgrounds), some 350 residents of Westridge. He asked what would be the outcome of
annexation regarding this common property. Mayor Nash noted it could remain as it is with resident
owners, or it could be deeded to.the city as a park for the city to maintain, if the city accepts it.
Mr. Scab asked if the City would pay the remaining notes on it. Mayor Nash noted this would be subject
to negotiation with the city and this could be done after annexation.
Mr. Scab said the service plan says the lots are three to five acres in size and this is not true.
Mr. Robert Bruner, Developer, said the lots are 3/4 to 3 1/2 acres in size, approximately. Mr. Scab
felt the service plan should be amended to show the correct lot sizes.
In regard to street lights, Mr. Scab asked what the city would do about these. Mayor Nash noted if there
are street lights there now, the city would take over the costs. If there are none, they would have to
be acquired in accordance with the city's street light policy, said Mayor Nash. .Gene Pipes, City Manager
noted all utility lines are at the rear of the lots at Westridge and none are adjacent to the streets,
except where the rear lot lines cross across street. He rioted it would be extremely difficult to install
street lights in Westridge without setting new poles and bringing lines to the front and stringing them
along the streets. He said the city does not do this. He said if there is a pole adjacent to a street
right -of -way, that overhangs a street, and the lines are there to attach the street light to the power
source, then the city has the street light installed on the available poles.
Mr. Scab asked what would be the advantage of the citizens of Westridge to be annexed. Mayor Nash said
this is an individual thing that each one of you might answer. He noted, however, that all of the
services mentioned at the outset of the meeting would be available to residents of Westridge. he noted
if those services are already available, then you would have the privilege of participating in paying
for them. He said residents annexed would also be involved in participating in the running of the city,
in the elections of elected officials, and being involved in various other operations of the city, which
he felt would be important to those currently in the extraterritorial jurisdiction. Mr. Scab surmised
that the financial advantage is "nil," the social advantage is probably significant. Councilrnember
Brown reminded Mr. Scab that his water bill would be cut in half. Mayor Nash noted the average person
would pay less by having a reduction in his water bill even with the addition of the ad valorem property
tax. Councilmember Hodges noted that if an area is annexed, the city does have an iniprovement plan for
the whole area. He said it may take several years or longer to get around to redoing the streets and
culvert that Ms. Allen spoke about, but at least the opportunity is there much faster through the city
than through individual property owners groups or perhaps through the county.
Robert Bruner [166 Westridge]
Mr. Bruner asked about the land that is behind Westridge. He said there is 156 acres of unimproved land
that he is trustee for in that tract which they planto develop. He said the question is how will they
develop it. He asked if the city will run water and sewer to that location and is it to be developed like
it were in the city or will they continue on like it was out of the city. Mayor Nash noted he could run
septic systems in that area. Mr. Bruner said then we can keep right on just like if we were in the ETJ.
Mayor Nash noted this is correct. He said there are septic systems within the city. He noted the
city's subdivision ordinance is the same whether a development occurs inside the city or out in the ETJ.
Mr. Bruner noted to Ms. Allen who spoke earlier that the County Commissioners just issued some certifi-
cates of obligation to rebuild the road of which she spoke earlier.
Area D -- Magestic Forest
Wendell H. Baker [Rt. 2, Box 60 -- 295 -5866]
Mr. Baker noted from the services being offered and because of the way it is explained in the service
plan, it is difficult for one, like himself, to enthusiastically accept the plan of being annexed into
the City where there is offered absolutely nothing at all. He noted by necessity, he has had to meet
these services on his own: water, lighting, sanitation. He said the service needed most in his area,
due to the topography of the land, is a city sewage system. He noted the water available in that area
is off of a line not of sufficient size to provide fire plugs, etc., which will be necessary to meet
the future needs of this area. He noted he did not see that his area would ever have a high priority
for extension of services, since it is not a developed area, as opposed to other areas of the city that
are in_need of city services that are already developed. He noted he did not see why the city wanted to
annex his corner if it could not provide basic city services to the area at this time. He noted sewer
service would have to be provided with the use of several lift stations because of the lay of the land.
He noted he does not mind helping the city improve, but noted the availability of money to an individual
to make these kinds of improvements is nil in Huntsville. He said there is not one financial entity in
the city that is willing to go along with individuals like himself in providing these types of services
(water and sewer) improvements to an area. He noted he has been trying to improve some property in this
area and to get a building program going, but the cost that is most prohibitive is that of providing
sewage and adequate water for fire protection, etc. to the area. He noted if there is something the
city can do, through agencies like HUD, or those who can assist in these things through the City, he
would be interested in being in the city because these kinds of monies are not available outside of
the city channels to private individuals like himself. He noted he is willing to pay for it, but the
terms have to be reasonable for an individual. He noted the city is in a position to float these bonds,
revenue bonds, in paying for these improvements. He noted it will be added to the cost of the lots and
the costs of developing. He noted it is prohibitive for individuals, like himself, to come up with
$200,000 or $300,000 to put down a system before a single deed can be written or a single lot sold.
He said he sees no asset in being a part of the city and felt that the annexation line was deliberately
moved over a block to take in his little corner or buildings. He noted he cannot develop his land until
and unless city services are extended and provided. He noted he was anxious for the city to annex him
and his land if it will in turn make water ard sewer services available so he can pay for it.
Mayor Nash noted the city will not be taking away anything that is there nuw. He said the only direction
he could go as a city resident, is up. He said the city has a water and sewer system. His only hope
if getting the things he needs is through the city. He noted the city wants to be a part
of this and to provide those things for his area; however, it does not want to become the
developer and it wants to consider ham in priority with everyone else in the city. He said
based on those things, he will be taken care of in due time. He said plans are underway
to initiate bond programs in water and sewer next year. He said the current water rate
provides for sufficient income that bonds can be issued next fall -- revenue bonds. He
said he is not saying that any of those revenue bonds will be used on the newly annexed
areas, but the newly annexed areas will be a part of the priority list that is involved
with those. He noted the city is aware that it needs an ongoing program. He said the
city i5 also committed and it has already made attempts to yet additional HUD grants. As
areas are eligible and the city can get HUD grants, it will continue that process. Council -
member Hodges noted the priority list would be on need and not on how long one has been in
the city.
Mayor Nash noted sewer in this area is a problem because there are seven basic drainage
areas. One must either have a sewage system in each of those or pumping facilities to
pump it over to one of 'those areas, he said. He said that fact does make sewage particularly
costly. Mr. Baker noted this is the major cost and the fact that you need a double set of
lines: gravity flow lines and the high pressure lines coming from the lift station.
He asked that he be dropped from annexation because he could see no reasons why he would
gain anything from being in the city at this time. He noted it would be difficult for hint
to try to develop or do anything with his land if annexed because of the type of criteria
with which he would have to comply. Mayor Nash noted the design criteria of the subdivision
ordinance would not change for properties being developed inside or outside.
Area E -- Highway 75 South -- No one came to speak
Area F -- Southwood Drive
Bettye Robertson [216 Southwood Drive - -295 -8380]
Ms. Robertson noted the Council is in receipt of their petition indicating they wish not to be
included in the annexation and that the petition represents all of the property owners. She
then asked that those representing Southwood Drive who are present at this hearing rise to be
recognized. All those present then rose. Mayor Nash thanked all of them for coming.
Ms. Robertson then read from a prepared and distributed memorandum to the Council dated October
9, 1984: In September of 1980 the residents of Southwood Drive appeared before the City
Council in an effort to explain our support of the city of Huntsville, but our objection to
being annexed into the city. So once again we appear before the Council.
It has been mentioned repeatedly that we reap the benefits of the city without paying the
price. Many of the things listed - -such as the library, the pool, the parks, etc.- -are not
even used by our residents.
"It should be clearly understood that the residents of Southwood do support the city of
Huntsville financially. We continue to support local businesses, services, and banks. We
shop in Huntsville and sales taxes make up 28% of the General Fund revenues as opposed to
only 22% for property taxes. The remainder of the General Fund revenues come from licenses,
fees, fines, permits, etc. We contribute to these revenues either directly or through our
support of businesses in Huntsville. Our tax dollars provide funds for federal grants and
revenue sharing which benefit the city. Our gasoline taxes contribute to state funds which
are channeled into Highway Department maintenance and used for upkeep of main arteries.
"We understand that Huntsville water, sewage, and sanitation funds are self - supporting.
A few Southwood residents continue to use and pay for water via the water line purchased
by those residents. We continue to take care of our own sewage. Our solid waste disposal
is still handled by private collectors, who pay at the rate the city has set in order to
deposit at the city landfill.
"Residents of Southwood continue to make contributions to thepolice officer's fund and the
fire department fund.
"Many of us continue to live on Southwood even though our work outside the city and county
would have made it more convenient to live and spend our money elsewhere.
"We respectfully remind the Council that we did not locate on the edge of Huntsville.
Huntsville has expanded to our location.
"In conclusion, we feel that we do pay our way and we should not be annexed because of the
assumption that we do not."
She concluded by saying: "Why should Huntsville take on another responsibility when it is
not necessary."
Erich Krunm [500 Southwood Drive -- 295 -8471]
Mr. Krunm noted the appreciation of the Southwood Drive residents for the opportunity to
express their opinions to the Council. He noted these residents are opposed, unanimously,
to annexation. He then read from a prepared statement that was presented to the Council:.
"The Southwood area is a narrow strip of land, one lot deep, bounded by the Texas
Department of Corrections Goree Unit on the south, and the U. S. Forest Service Munson Survey
and a large pasture on the north side. At the east end Southwood is six and one -half miles
from the center of town. There are no foreseen changes in the rural nature of the three
ownerships that block in the Southwood strip. Residences are all single - family located mostly
on large lots. All lots have been sold and most have been occupied for 15 -20 years. The nature
of the area has not changed much over that period of time. It is not a developing neighborhood.
"There are 20 property owners, about 25 houses and mobile homes, and a total of about 50
persons living in this mile -long strip.
"We believe that annexation would be un
residents and property owners along Sou
City of Huntsville are as follows:
oraSle to the City of Huntsville as well as to the
ood. Some of the evident disadvantages to the
PAGE 4n[
"1.
Si:reet maintenance would increase by a mile for twenty -five homes on only one side of the
street. This is a road used regularly by logging trucks, occasionally by dirt haulers, and
daily by heavy car traffic. The base soil is not very stable which causes the need for
repeated repairs.
"2. A sewage line would be expensive for the few homes involved. Along the mile in question,
the land slopes downhill from the present city limits to the end of the proposed annexation.
There are several minor drainages resulting in an undulating slope. The present lift station
near Highway 75 shows on a topographic map to be about 400' elevation. The same map indicates
that the east end of Southwood is about 365' in elevation. In between is a rise to 410', a
drop to 380' and another rise to 397'. I am not an engineer, but it is evident that sewage
service would require two lift stations and over a mile of gravity flow and pressurized sewer
line.
[ "Not only that, but this soil is classified as a Depcor - Huntsburg Association. The Soil Conservation
Service describes it as having a 'low potential for urban development.' The Huntsburg soil has a
clayey Subsoil that shrinks and swells and has low strength. It has a high water table, meaning
maintenance problems in the future.]
"3. City water is already available through a privately financed line. Rates for services and tie -
ins are double for non - residents of Huntsville. Annexation would cause the loss of half of the
current water revenue and any future tie -ins.
"4. Garbage pickup would have a higher than average cost because of spread -out hones, deep driveways
and having to double back once pickups were made. The few homes are on one side of the street.
Private collectors now provide this service which would be expensive and highly inefficient
for the city.
'5. Police patrol time would be inefficient due to the small number of homes involved for the length
of road and the need to return along the sane route. A patrol' car on Southwood would have a long
way to go if needed elsewhere in Huntsville, a situation analogous to the county's Kittrell cutoff
problem.
"6. Street lighting will be expensive for the number of people served.
"7
Any surveying, mapping or other similar costs will be above average due to the strip nature of
Southwood and the few homes.
"These disadvantages to the City are compounded when one realizes there will be no real gain in services
for Southwood. Security, sewage, garbage, water and lighting are now provided for in a very satisfac-
tory manner. City ordinances properly enforced would inpair the use of dogs as a dete rrentto tres-
passers. Sewage tie -ins for over half the horses would require lifts to reach the right -of -way, a large
expense when the current situation with a rural setting allows the use of septic tanks with no problems.
"We sincerely believe annexation to be detrimental to both the city and to ourselves. fifty people
certainly do not justify the expenses that will be required by the city to provide full services.
The area is currently within the extra - territorial jurisdiction of the city, which allows very firm
control of direction of events as much as if we were in the city.
"The people of Southwood Drive are unanimously opposed to annexation. We are opposed because of not
only the immediate effect on us, but also because of the fear that through the power of taxation,
the city will force a change in the rural nature of our area. We bought this land, worked with it
and have jointly fought to preserve its natural setting. We will continue in the future to act
cohesively as an organization to keep Southwood attractive and to see that it is treated fairly."
Mayor Nash clarified that the City is not making a commitment to install a sewer line. He said the
residents would continue to use the septic systems already there, after annexation. Mr. Krumv said
they see no gain as far as services are concerned and none for the future regarding sewer limes;
because there is no development out there to justify putting them irr. He said their situation is
that they would stay the same. He said for the services they receive, they feel they more than pay
their way in the City of Huntsville. Mayor Nash noted any sewer system out there would have to fit
into the city's priority system and from what has been pointed out, its priority would be lower than
for another area. He reiterated the services that will be provided immediately. He noted the city
cannot selectively tax only those residents who use the many services that are provided, such as
little league, library, etc. Mr. Krumn said most of the residents are elderly or have no children
still at home and therefore do not use these types of services. He said through their sales taxes
and federal taxes, licenses, fees, these residents do contribute to the City of Huntsville. Mayor
Nash noted he must realize, of course, that they pay "no more" sales taxes or excise taxes or federal
taxes than the people living in the city, plus those people living in the city also pay ad valorem
taxes in addition to that. Mr. Krunm said but they are receiving police service, which we do not
desire, and they are receiving other services which we do not desire. He said they would have no
objections to paying special fees for county residents to use the Library. He said as far as using
the city streets, he said the city could advertise to the people of the county that they are a burden
to the City of Huntsville. "If I am a burden to Huntsville, "he said, when I go shopping, I think
Huntsville ought to let the people of the county know this." Mayor Nash said that he would think
that as many times as Southwood Drive has been considered for annexation that this would indicate
how much Huntsville wants them. A retort came from the audience saying that the city just wants their
taxes. Mr. Krumn thanked the Council for the opportunity to express the opinions of Southwood Drive
residents. Mayor Nash thanked both Mr. Krunm and Mrs. Robertson.
Area G -- Boettcher's Mill
B. R. Murphy [Highway 190 East]
Mr. Murphy noted he has been at his current location for twenty years and has witnessed several annexa-
tions and he knows what the situation with his area has been. He wondered, now that the city has
decided to take them in, that since he is within 200 feet of a sewer lift station if he could be tied
on. Mayor Nash said the 200 feet refers to a sewer lime, not a lift station. Mr. Murphy said sewer
service is the big problem in his area. He said there are 20 houses out there and nine /tenths of the
residents are old enough to retire and they're sitting out there tryiroi to live in a frame building
and they are all wondering how long it will be before they will get sewage service. He said there is
a lift station out there on Highway 190 right below the .riddle school. Mayor Nash noted in accordance
with the service plan, there is not a commitment made by the city for sewer, however, it has been
stated as a consensus of the Council and work has already been done to make every effort to get a
HUD grant for that area. He said it will most likely take such a grant to provide sewer service
to the entire Boettcher's Mill area. He said it is likely this area will qualify for a HUD grant.
He noted it must wait in line for funds to be available, but work has been initiatedby the city
to reach that goal. Mr. Murphy noted it is his understanding that the city is trying to annex
all this land by the last day of December so these properties can be on the tax roll for 1985.
Mayor Nash noted this is correct. Mr. Murphy wanted to know what will be done about the water
bill. He said they are on the old Gibbs two inch line which feeds about six houses. He said
when someone turns on their washing machine below one of the other houses, there is no pressure
at the other houses. He asked what the city would do about the garbage bill because it charges
for it on the water bill. Mayor Nash said the water will be taken care of the same way the
sewer will be taken care of with a HUD grant or something of that nature as it is a capital
expenditure and not a part of maintenance. He noted the city will take over the system
that is there and maintain it. Mr. Nash noted the HUD grant would cover water, sewer and
streets. He said in accordance with the service plan, garbage collection would start within
60 days by the city at the regular rate that is charged any other city resident. Mr. Murphy
said in the last annexation, the city came out and got all the brick buildings and left the
frame homes laying out. He then said: "'T A X,' that's what you wanted and that is what you got."
Mr. Pipes, City Manager, noted the water bill will behalf what it is now. Mr. Murphy rioted he is
not complaining about the price of water because it does not run over $20.00 per month, which is
the flat rate, and said he has all the water he needs. He noted what he is concerned about is the
pressure - -they don't have pressure. Councilmember Hodges noted the question of when he would get
a bigger water line is hard to say, but from what Mr. Murphy has described, it sounds as if this
area would have a very high priority. Mr. Murphy noted there is a fire plug near him, on Dogwood
Street, and he was not too concerned about that, but the old two inch line is forever stopping up
with corrosion, noting Huntsville's water will eat any line out. Mayor Nash noted this is a bad
situation in that area and it will have a high priority. In addition, he said, the city is committed
to seeking a HUD grant for that area that will generally solve water, sewer and street problems.
He said without the HUD grant, the city will still do what it can, but it will be in priority with
the entire city's needs. Mr. Murphy noted contrary to the lay of the land at Southwood, Boettcher's
Mill all sets right there on a ridge beside the school house. In conclusion, Mr. Murphy asked if
annexed, which one of the Council would be their councilman. Mr. Nash noted it is not yet clear
how that would be divided. Mr. Murphy noted he just wanted to know who to jump on when the time
comes.
Area H -- Badger Addition
Mayor Nash noted a petition has been received regarding this Addition, dated September 17, 1984 and
signed by 11 residents. He said the petition asks the Cuuncil to refrain from annexation of the entire
Badger Addition because only a few more of the undeveloped lots in the Badger Addition can be served
by the city's sewer lines; because of the terrain, the remainder of the residents are strongly tied
to the Johnson Road area, which is not under consideration for annexation; and because the residents
feel that a more appropriate plan would be to annex the entire Badger Addition at the same time as the
Johnson Road area, and possibly the Champion Paper Company area.
John McCoy [1615 Bagwell -- 295 -3410]
Mr. McCoy noted if the city makes a decision to annex based on the information in the service plan for
this area, it will be making a decision on incorrect information. He said there are more paved streets
than recognized in the service plan. He noted residents helped pay for the street and the city maintains
about 500 feet of it, part of the time. He said County Commissioner Curtis Ellisor runs his trucks over
it and the street is now almost a total disaster. He said if the city takes this area in, then Mr.
Ellisor won't even keep up his part of the maintenance. He noted if the city is going to maintain the
street rather than the county, it will be spending more money. He noted the service plan says the
area is served by city water and sewer facilities. He said this is not totally true because, due to the
topography, the residents in the southeastern section are unable to connect to existing lines. He noted
this is why he is here as he is in that most southeastern part. He said septic tanks work, but not all
that great, and he was excited when the city decided to run a sewer line, except that the city stoppea
it about 700 feet from his home and went north with it. He said he questioned why the city did that
and they responded that the sewer line was about ten feet above his home and that the city had no inten-
tion of running it on down his way because the city did not anticipate annexing that area for a long
period of time. He said the six inch water line was not even run down as far as the sewer line. He
said there are four or five other houses near him and those residents have no hope of ever tying on to the
water and sewer lines. He asked the Council to consider annexing Badger Addition only when it considers
annexing Johnson Road behind them. He said the story he got when he asked is that any annexation would
probably stop where the sewer line stopped. He noted he was not real happy with this, but he figured
that when it came to annexation time, the city would forget about where the sewer stopped. He noted
his tax bill would be somewhat less than the extra he pays on the water bill, however, but he would,
if he has his preference, rather be out in the county than be annexed into the city.
Mr. Nash noted with regard to the service plan's mentioning of the paved streets being only 3 /l0's of a
mile, this refers to plats that have been filed with the county. He noted some of the side streets have
not been platted and therefore are not considered public streets. He said if they haven't been turned
over to the county, then they would not be coming into the city for maintenance, but would remain private
streets or private lanes.
Curtis Ellisor [2305 Badger Lane -- 295 -7984]
Mr. Ellisor noted there are no private streets in the Badger Addition. He noted they are all deeded
to the County. Mr. Nash noted the city will then check on this to be sure that the service plan is
accurate. He said if these are county roads now, they would become city streets when annexed.
Mr. Nash noted Mr. McCoy can continue to use his septic tank, but being a resident of the city would
at least get him on a priority list for city services.
Area I -- Fish Hatchery & Anders Lane
Robert A. Jiles [4501 McAdams Drive -- 295 -3283]
Mr. Jiles noted he bought his property out there in 1981, which is attached to the Shady Lane area, which
was annexed some time ago. He noted when he began to build his house in May of 1981, he inquired of the
city regarding permits, water lines, etc., and he was told to get a county permit and that he could tie
onto the existing water line with no problem. He noted he signed a contract for his house, began build-
ing the house and came down to the city to get his water Booked up. He was then told by the city tout
he was a contractor developing a subdivision and he had to put in a new water main. He noted
Mr. Pipes was contacted at this time. He said he ended up paying for a six inch water main
coming off of Highway 19 through McAdams Drive. He said this line cost him over $2,000, He
said at the same time he put in a sewer line which cost about $30,000, $15,000 of which was
paid by the residents at $1,500 each. He noted he and two other people are on a six inch
water line out there and it deadends back on McAdams Drive onto a one and one -half inch water
line. He said at the time, he was told he would get a fire hydrant down on the end of this
water line, when he paid for the six inch water line, but it has not yet been done and he asked
if it will be done. He noted he hopes other people have better luck with the city than he has
had.
Mr. Pipes, City Manager, reviewed the Shady Lane septic tank problem of the residents. He
noted the problem in question was at the rear of all of the lots that front on Shady Lane
which shared in the same general drainage area and would contribute to the major problem
with the sewer at that time. He noted the existing two inch water line down Shady Lane
caused severe pressure problems, and adding another house to those pressure problems would
have aggravated an already bad situation. He noted in order to try to remedy some of the
ongoing problems, this six inch extension was brought in the rear of a couple property lines
down to Mr. Jiles place and then back to Shady Lane in order to loop a portion of it to give
better service. He said at the same time, the city completed the sewer line on the east sioe
of Shady Lane and gave the sewer service for the first time in probably 20 years to those houses.
He said the City participated in one -half of the total cost of that sewer extension, paying some
$15,000 and the individual property owners shared in the other $15,000, some nine residents.
He noted in installing the sewer line, problems were incurred regarding revered trees which make
up Shady Lane, so that it was a very difficult situation at that time. Mr. Pipes noted there is
a fire plug immediately adjacent to Shady Lane on Highway 19. He noted if there is not a fire
plug on the six inch line, the city needs to go back and look at this. Mr. Jiles assured Mr.
Pipes there is no fire plug on the six inch line. Mr. Jiles was concerned that even though he
contacted the city at the onset of his building program, he still ended up paying almost $4,000
for water and sewer; if he had known this initially, he would not have built on that site. He
felt he received bad information from the City.which cost him almost $4,000.
Mrs. William R. Powell [Rt. 5, Box 518 -- Anders Lane - -291 -9143]
Mrs. Doris Powell noted her concern about their small water line that serves approximately six houses.
She said she lives at the end of this small water line and when she gets ready to wash, she doesn't
have water. She expressed her concern also about sewage service because of the terrain and the uncer-
tainty of what kind of sewer service the city could provide. She was concerned about the dilution of
the maintenance of streets, police services, etc. for the first part of the new fiscal year because
the budget has already been adopted and the annexations have not been included in the fiscal planning
of this budget. She said if the city has a problem maintaining existing city limits, she wondered
why it would want to add to this burden.by annexing them.She said she is asking the Council at this
time that when they get ready to draw their line, to please remember that she came before therm asking
them not to include Anders Lane. Mr. Nash noted regarding the dilution of services she mentioned,
that only 3 /4th of the year or nine months would be remaining in the current budget year and that
street maintenance would be diluted approximately 8% so that each segment of street in the city,
including the newly annexed areas, could expect 92% of what the city would have expected without the
annexation. He said the police services would be diluted approximately 4 -5% so that you would expect
95- 96 %.of that. He was not aware of any other services that would be diluted.and even these are so
undefinable that the city does not anticipate this being a problem. He noted the water and sewer
needs will be a part of a capital improvements program within the priority index of the entire city.
Mayor Nash noted regarding the dirt road (Anders Lane), the city has made an effort in the past to
put some paved surfacing on all streets and we are now down to two miles that don't yet have it out
of some 77 miles of streets in the city. He noted it has been a policy in the past to improve those
streets, but it has to be done in a priority system.
Barry Hawes [Strawberry and Highway 30 - -291 -7368]
Mr. Hawes noted he is already the recipient of a number of tax bills from the city as he is the owner
of some apartments and projects within the city. He noted he approaches this annexation program with
the same enthusiasm that perhaps the citizens of Austria approached the annexation by Hitler. He
noted he too offered code enforcement and a giant tax bill. He said he had a difficult time seeing
how either one of them, the residents of this area and the city, will benefit from this program.
He said he has a washateria on 10th Street and as late as 4:00 P.M. today, it was robbed and this is
the third day in a row that it has been hit by robbers. He noted it was also robbed last week. He
said he didn't see how, if our police officers are lurking out on the back 40 of the Fish Hatchery area
are we going to catch these people. He said right behind Entex and Gulf States he has an apartment
project and a woman was raped there two years ago and this case is still unsolved. He said he doesn't
see how we can possibly, as citizens paying taxes in Huntsville, tolerate any less services than we
already have. He noted the Evelyn Apts. on Avenue N and 21st Street have perhaps been in the city
since its original charter, but they do not get water to the second floor. He asked how are the
people that are paying taxes in the city and receiving city water going to benefit when the city takes
on these additional responsibilities. He noted the dumpster behind Entex is overflowing all of the
time. He asked how possibly without a capital improvements program right away and more taxes are we
even going to serve what we've got within the city, let alone take on anything else. He noted in con-
clusion, rather than just being a part of the problem, he intended to be part of the solution if the
city does annex him, so he then announced his candidacy for the city council. Mayor Nash congratulated
him and wished him the best of luck.
Mayor Nash asked if any of those arriving late would like to speak to any area.
Thelma Bruce (368 Forest Lane -- Westridge Subdivision]
Mrs. Bruce felt everyone should share in the expense of maintaining the city, but she felt that an
additional city tax would be more fair because we have alot of people in Huntsville who are renting
and are here temporarily and many people come here to shop and they use the streets as much as
people living here. She felt it would be beneficial to increase the city's sales tax rather than
tax the property owners more.
Mayor Nash noted the Council has made only one official decision regarding annexation and that was to hold
public hearings. He noted although he presided this evening, he was nut speaking for all of the Council, but just
tried to clarify points.
Councilmember Hodges thanked everyone for coming to the public hearing. He noted the Council is aware they
are very serious about this and feel strongly about it. He noted the city is not going to jump out and annex
anybody with a half- hearted program if any annexations are made. He said nothing has been decided at this point.
He said the Council will simply take all of the information the staff has given the Council, and all of the
information given to them tonight, and the Council will then do its homework and come up with some answers.
Mayor Nash then closed the public hearing.
CONSIDER RIGHT -OF -WAY DEED
Consider acceptance of a right -of -way deed for 10th Street across the Black Estate tract between Normal
Park and Highway 75 North
Mayor Nash noted Mr. F. Ray Black, Jr., et al will convey to the city a right -of -way deed regarding the
extension of 10th Street. He noted they do reserve, however, that the city will agree, that for a period of
ten years that the city would not assess the Black estate for improvements on the right -of -way as long as they
still own it. He said any part of the property that is sold to someone else would be assessible, and after
ten years, this provision would no longer prevail in any case. Councilmember Hodges made the motion to accept
the provisions of this right -of -way deed as presented by Mayor Nash and Councilmember Howard seconded the motion.
Councilmember Dowling asked if they retain mineral rights, he assumes this is not a problem. Mr. Pipes noted
this is common in all right -of -ways for the original owner to retain minerals, noting they are in such a
fraction line form that they would be of no material benefit. Councilmember Dowling said to make note of this
should they hit oil; it is of no material benefit. All were in favor of the motion on the floor and it passed
unanimously.
CONSIDER RESIDENTIAL GARBAGE TRUCK
Consider Bid No. 85 -1 for a residential garbage truck, Sanitation Division, to Basic Waste System for $50,241.04
without trade -in as a scheduled purchase with a Certificate of Obligation
Mayor Nash presented this bid and noted only one bidder responded. He recommended acceptance of the low
and only bid, which is less than the budgeted amount. He noted staff recommends we accept the bid for delivery
in two weeks rather than the alternate bid for delivery in 90 -120 days, although the price is some $750 more.
it has been pointed out that the savings in fuel for this truck, which is diesel,over the existing truck, will
come to approximately $750 and there will be less maintenance on the new truck. He noted this will mean going
for the higher bid, which is $50,241.04. He noted it is also recommended by the staff that we do not accept
trade -in which was bid in the amount of $4,775 because the city can receive more than this by offering that
truck for separate quotations. Councilmember Brown made the motion to award the bid to Basic Waste System for
$50 241.04 for delivery within three weeks and Councilmember Hodges seconded the motion. The Council made
it clear that it is stipulated in this motion that the Council agrees to pay the higher price only if delivery
is made within three weeks. All were in favor of this motion and it passed unanimously.
Consider Ordinance No. 84- 10 -9.1 authorizi
for a rear loading garbage truck
Mayor Nash then presented this ordinance, the caption of which is as follows:
ORDINANCE NO. 134 -26
CONSIDER ORDINANCE
issuance of an equipment acquisition certificate of obligation
AN ORDINANCE AUTHORIZING ISSUANCE OF A CITY OF IIUNTSVILLE, TEXAS EQUIPMENT ACQUISITION
CERTIFICATE OF OBLIGATION IN THE AMOUNT OF $50,241.04; AND CONTAINING OTHER PROVISIONS
RELATED TO THE SUBJECT. ($50,241.04- -four years]
Councilmember Hodges made the motion to adopt Ordinance No. 84 -26 and Councilmember Howard seconded the
motion. All were in favor and the motion passed unanimously.
CITY MANAGER'S REPORT - -Gene Pipes
Public Hearing -- October 16-- Handicapped Evaluation for Revenue Sharing
Gene Pipes noted this public hearing will be held next week to meet a new revenue sharing requirement to
detail and analyze and self- evaluate our compliance with the handicapped statutes that are presently in force.
He noted the City Attorney, Scott Bounds, had provided to the Council the complete recap of the handicap report
that will serve to meet the requirement under Federal Revenue Sharing Law. He noted it for the Council's infor-
mation tonight so that the Council is prepared to answer questions. He noted the city has contacted the group
involved with the handicapped group locally, as a matter of procedure as well as other individuals that have
specific concern in this area and they have received this same information as is in your packets. He noted
this is a new procedure and we have not had to do this before. He noted we have checked all of our buildings
and we feel quite confident that we are in compliance.
MAYOR'S ACTIVITY REPORT -- William V. Nash
Planning Commission Appointments
Mayor Nash then made the following appointments to the Planning Conniission:
Wayne Rainwater
Gary Bell
to assume the unexpired terns of Rick Hartley
which is due to expire October 1, 1985. He
noted Mr. Rainwater would then be eligible
for reappointment to a full three year term.
to replace outgoing Mary Frances Park
for a three year term ending October 1, 1987
Councilmember Dowling made the motion to approve of these appointments and Councilmember Barrett secondeu
the motion. All were in favor and the motion passed unanimously.
COUNCIL ACTION
Grocery Baskets -- Councilmember Howard noted something should be done about grocery baskets because they
. are causing and may cause in the future, ir: juries to people and damage to automobiles at the local
•
grocery stores. He asked the city staff to look into this to give it some thought as to what we might suggest
to the local grocers to lessen or eliminate this hazard.
Intersection of 75 North & llth Street -- Councilmember Barrett noted that on the island at this intersection,
there has been for several weeks, a little piece of tire and other debris. He noted he started to get
out to pick up this tire himself, but felt that this whole area needs to be cleaned up. He asked whose
job it is to do that. He said city trucks pass right by there ten times a day with two people in each
truck, yet this garbage stays laying there. Gene Pipes, City Manager, noted in general terms, the state
highway intersections are state highway maintained, but for something this obvious, it certainly can and
will be taken care of by the city.
Intersection of 75 North & llth Street-- Signalization Installation -- Councilmember Dowling noted at this same
location, and he has raised this issue before, there is an extremely long red light for motorists traveling
north on Avenue Q. He requested that a sign be placed there to advise that it is a long cycling, light to
encourage people not to run the red light thinking it is not functioning properly. Mr. Pipes noted this
was checked the last time it was mentioned and the highway department and city checked it to find that the
longest cycle is some 37 seconds long and he noted there are some five movements off of this light. He
noted a motorist might find 37 seconds to be a long time especially when he does not notice any other
activity on the light. The Council felt the sign suggested by Councilmember Dowling would solve the
question.
Street Light Request - -21st & Q -- Councilmember Dowling noted he has received a citizen request for a street
light at the vicinity of 21st Street and Avenue Q. He said he traveled the area and said there is a light
pole half way up the block on 21st. Street. Mr. Pipes said he thinks this is a telephone pole rather than
a GSU power pole and there may be no power at that site, but he would check on it.
EMS Thanked -- Councilmember Dowling expressed publicly his appreciation for the fine job the EMS personnel did
in coming to his aid on Saturday. He noted they do operate just like on TV and talk to the doctors and all
that.
Prison Museum -- Councilmember Dowling noted the Prison Museum is open on Saturdays and Sundays in October. He
said a portion of it is open during the day time out in the main entry of the Criminal Justice Center.
He noted it is quite interesting. He said on the weekends they bring out more of the exhibits. he noted
there is a large collection of photographs as well as displays and video presentations. He directed this
information to the attention of the Council and the news media.
Traffic Problem -- interstate 45 Exit in Front of Goodman Chrysler -- Councilmember Hodges noted this is an
extremely dangerous off ramp from the freeway. He said although he did not know what the inmediate
solution should be, he felt a set of yield signs, stop signs, or something should be considered. He
asked the city to get with the highway department to find some sort of solution to that and other
ramps off of the interstate.
Public Hearing -- Councilmember Hodges felt the hearings went very well because of the way in which the Mayor
handled them. He then congratulated him. Mayor Nash noted those present to speak also helped make the
hearings orderly and efficient by their conduct.
Mayor and Council's Reception -- Mayor Nash reminded the Council of the Reception to be held at the FNB Flag Room
next Tuesday night from 5:30 P.M. until 7:00 P.M. Councilmember Davis requested a formal invitation be
sent to all of the Council hosts and hostesses.
ADJOURNMENT
ul)y su rni tted
Ruth De Shaw, City Secretary
October 9, 1984