MIN CC 08/30/1988[J
L
MINUTES OF THE AUGUST 30, 1988 COUNCIL MEETING
BOOK upu
135
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 30TH DAY OF AUGUST, 1988 IN THE CITY HALL COUNCIL
CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:45 P.M.
The Council met in a regular session with the following members present:
Jane Monday, Mayor 0. Eugene Barrett City Officers Present:
Gary Bell James L. Carter Gene Pipes, City Manager
Ila G. Gaines William B. Green Ruth DeShaw, City Secretary
William L. Hammock Percy Howard, Jr. Scott Bounds, City Attorney
William H. Knotts, Jr.
FORMAL MEETING CONVENED
Mayor Monday called the formal meeting to order and then adjourned into an executive session to
receive a report from the personnel committee on the annual evaluation of charter officers. No action was
taken in the executive session.
FORMAL MEETING RECONVENED
Mayor Monday then reconvened the formal meeting. Pastor Donald Kasper of Faith Lutheran Church
presented the invocation.
OPEN A PUBLIC HEARING
0 a public hearing in the order listed on the annexation of the following areas into the corporate
Limits of the city: Jenkins Road: Anders /Allen Road -Hwy 19• Badger Additions and Champion International -Hwy
190 -FM 3411
Mayor Monday then opened the public hearing. The following individuals made presentations:
JENKINS ROAD
Bruce S. Smith. 112 Jenkins Road -- 291-0843
Mr. Smith expressed his opposition to annexation. He presented a petition opposing the annexation,
containing 16 signatures and addresses of property owners or representatives of property owners of Jenkins
Road, and requested the Council to exclude the Jenkins Road area. He said all of these people are present
here except one. He referred to a letter written to the City Attorney and other city officials by a local
attorney, Mr. Jack Haney, concerning the annexation of the Badger Addition. Mr. Smith said the issues
raised by Mr. Haney in this letter also apply equally to the Jenkins Road area. He said in comparing the
service plans for these two areas, the only difference found is the description of the area being annexed
into the city limits. He said he feels comfortable living outside the city whereas there are those who
feel more comfortable living in the city with all its organized facilities, services and ordinances and
those people should live in the city because a lot of their needs are provided. He said the people who
signed this petition have opted for another form of life and do not want the city ordinances. He said the
services proposed already exist through other sources. He said the few things listed that they do not have,
they do not necessarily need. He advised the people of Jenkins Road are truly not the council's enemies,
but rather their friends and neighbors, working side by side. He said they do their buying and selling
within the City and pay city taxes each time they go to the store. He said they do not feel they are free
riders because they drive from the county onto a city street. He said the county residents also make a
contribution to the city through their sales taxes. He said the reason towns grew up in the state
originally was to service the rural community. Today, he said, it appears the town is taking on a life of
its own and it is moving out and absorbing the rural community. He said they do not want that to happen as
it is destroying a way of life and a lifestyle of people who want to stay rural. While they do not have the
power to vote in the city and do not make the city's decisions, he said, if annexed, they will use their
power to vote because that is their only weapon.
Scott Bounds City Attorney--In Response --Mr. Bounds noted in reference to Mr. Smith's referral to
Mr. Jack Haney's letter of August 26, his response letter was delivered to Mr. Haney that same day Mr.
Bounds said there were basically three matters brought to the city's attention in Mr. Haney's letter with
MINUTES OF THE AUGUST 30, 1988 COUNCIL MEETING BOOK "P" 136
regard to the city's annexation procedure: 1> that the service plan was inadequate because it failed to
include a program for the payment of capital improvements within two and one -half years after the annexation
of the property under consideration; and 2> that there was an inadequate opportunity given for explanation
of the service plan at the last hearing.
Mr. Bounds said the Texas Local Government Code would require a capital improvement program to be
included in the service plan only if improvements are necessary. He said, in his opinion, there would be no
additional capital improvements necessary in the proposed areas because of the areas' topography, land use,
and population density and there is no need for a police or fire substation, airport improvement, etc., or
any other capital improvement. He said the service plan clearly states that no capital improvements are
necessary upon annexation and unless there is a program provided, no capital improvements are necessary for
the annexation of any of this property. He suggested to Mr. Haney and others that if they believe there is
a specific capital improvement necessary upon annexation, that it should be conveyed to the Council in this
public hearing, which is the purpose of the hearing, and that if the Council determines the request is
appropriate, a service plan can then be amended to include that suggestion. Secondly, Mr. Bounds noted the
Mayor advised that the staff would get back to those who raised questions either in writing or at the next
hearing. He noted he answered Mr. Haney's questions in his response letter. He suggested, however, out of
an abundance of caution, he will suggest to the Council that a third public hearing be held on Monday,
September 12, 1988, to allow more time to explain the service plans. This will permit the Council to take
final action on the annexation ordinance on October 4.
Mr. Bounds said Mr. Haney also noted the service plans did not list cost of income for the areas
proposed for annexation, but there is no such requirement for a service plan, and while the tax revenues in
the areas proposed for annexation could be estimated, it would be difficult to estimate with accuracy the
cost of providing general governmental services to those areas.
In answer to questions raised by others at the last public hearing, Mr. Bounds advised there are no
dog license fees but there is a requirement that dogs kept within the city have proof of rabies vaccination
and that the animals be kept in a fenced enclosure or on a leash. He advised there are no permit
requirements for horses kept in the city. He stated city ordinances do prohibit the discharge of firearms
in the city except that they may be discharged at a regularly established shooting range. He said in regard
to the paving of Strawberry Lane and sewer on Badger Lane, there would be no additional sewer extensions or
paving done with tax revenues within two and one -half years and that there are other areas in the city now
that don't have paved streets or sewer service; however, all of the city's policies regarding the extension
Df those services will be made available to those areas upon annexation.
Mr. Bounds agreed the service plans for the various areas are very similar because the state
tatutes regarding the annexation of areas require that the city treat everyone the same. He then briefly
eviewed the service plan to clarify what the city is offering. Mr. Bounds listed those services that would
e provided immediately and those that will be provided in 60 days. He said the services extended to the
ewly annexed areas, under this plan, will equal or exceed the number and level of services in existence at
he time or immediately preceding annexation available to other city residents. He noted, however, it is
of the intention of this plan to require that a uniform level of service is to be provided to all areas of
he city where differing characteristics of topography, land use or population density are considered as a
ufficient basis for providing different service levels.
Mr. Bounds advised when the public hearings are completed, the service plans and any amendments made
them as a result of the public hearings, shall be approved as a part of that ordinance. He said the plan
11 then be construed as a contractual obligation, not subject to amendment or repeal, unless the City
ncil determines, as a result of public hearings, that changed conditions or subsequent occurrences make
plan unworkable or obsolete, at which time the Council may amend the plan to conform to the changed
ditions or subsequent occurrences as long as the amended plan provides for services comparable to or
1
MINUTES OF THE AUGUST 30, 1988 COUNCIL MEETING BOOK "P" 137
better than those established in the service plan before the amendment. Mr. Bounds noted the service plan
shall be valid for ten years and may be renewed at the discretion of the city.
Mr. Bounds said the proposed annexation of the Jenkins Road area was amended to include the 20 acre
tract of land of an individual who requested that it be included. He said this 20 acres does not fit the
general criteria for the city's general annexation plan, and the Council may wish to delete that in the
final annexation ordinance. Mr. Bounds said he will be happy to clarify any other questions that may arise
tonight.
Greg Smith- -111 Jenkins Road, 295 -2718
Mr. Smith advised he and his family chose to live outside the city. He said he wants to raise his
children safely from the traffic and problems of the city. He said the city has nothing to offer that he
does not already have. He said he feels safe with his neighbors and they all assist each other. He said
everyone in this area except one is opposed to its annexation. He said he didn't think 13 dwellings and 39
people will make a positive difference to the city's economy when there are more populated areas closer to
Huntsville that would bring more revenue into the city. He questioned how the boundaries were arrived for
this area. He said he understands the new line fell just short of an area that is owned by a current
councilmember and wondered if this could be a conflict of interest. He said if this annexation is
considered a progressive step for Huntsville, why wasn't this land also included in the area to be annexed.
He asked if Mr. Howard might be like them and not want his land to be annexed and therefore it was not
included in the proposal. He said the service plan proposes to provide police service, but they already
have patrol- -Dewey Miller, a Walker County Constable, lives on Jenkins Road and is capable of handling any
problems they have with the assistance of the Sheriff's Department. He said in regard to public parks,
their children are involved in almost every sport available to them and they pay the fees to participate,
part of which goes to the parks department for maintenance and upkeep. He said his family contributes to
fund raisers to build more parks for future expansion. He said they currently have use of the city parks,
but pay as much or more than the average city taxpayer for using this privilege. He said code enforcement'
is also offered in the service plan, but this is one restriction they definitely do not want. He said they
own their land and want to use it the way they see fit. He said they have the good sense to construct safe
and attractive structures on their property and don't need restrictive building codes dictating their plans.
He said they already have garbage pickup and are totally happy with the service; their roads are currently
adequate under the maintenance of the county; the Pine Prairie Water Supply is currently providing them with
superior service for their water needs; each resident is equipped with their own septic tank and field lines
and there are no problems. He said although Frank Robinson volunteered to have his land included in this
annexation area, he did not. He said he is surrounded on four sides by Mr. Robinson's land. He advised
when Mr. Sonny Davidson drew up the plan, one line was drawn too long and it enclosed his land in with Mr.
Robinson's land. He said the deal was that Mr. Robinson's land would be taken in, but not him or anyone
else. He said Mr. Davidson can tell the Council the same thing and has said it was his mistake. He asked
that his 19 acres be excluded from this plan tonight. He then read a prepared letter generally expressing
opposition to annexation, noting there is nothing proposed to give them in return for their taxes, and
requesting the Council to abandon its plans of plotting a perfect star on the map of the city and to listen
to the residents of this county.
Mr. Smith asked if an area is annexed on which its owners are running cattle, such as the Jenkins
road residents, what provisions are made for that? Mr. Scott Bounds, City Attorney, advised the provision
with regard to livestock within the city is that livestock may be kept in the city as long as they are kept
more than 125 feet from another person's residence (measured from the house itself) and that this provision
is enforced on a complaint basis. He said city residents may keep livestock within the city limits.
ANDERS -ALLEN ROAD -HWY 19 AREA
L. Jack Spence, Jr.. 291 -3490
Mr. Spence advised this annexation will take his freedom to utilize the land as he sees fit, so long
as he does not infringe on his neighbors' freedom. He said his use becomes the subject of the whims of the
MINUTES OF THE AUGUST 30, 1988 COUNCIL MEETING BOOK "P" 138
people who are not interested in his life or his pursuit of happiness. He agreed proximity to the city is
nice, but that is not why he is outside the city. He said he likes living outside the city. He said the
Councils annexation philosophy lists several annexation statements; many of these statements do not apply
to the four areas under discussion. He said the out -of -city people are not "free- riders" as they are
projected in this philosophy. He said the estimated population of Walker County in 1988 is 58,426 people,
subtract 10,000 for the students at Sam Houston (who also pay city sales taxes which the city just raised
1/2 percent), and that leaves approximately 48,000; subtract the city population of 13,000, and that leaves
35,000 free - riders, whose sales taxes go to the city. He said many of those 35,000 people use no city
services whatsoever, and yet they pay sales tax. He said the second annexation philosophy does and does not
apply. He said it does apply in the desire to expand the ETJ area and it increases the tax base so as to
increase the tax income with no expenditure or benefit to those areas - -no capital improvements, no
expenditure, but only income to the city. The third statement says "people would be forced to chose
Locations outside the city." He said all of the developments have been outside of the city by choice. He
said the development policies of the city were drawn to insure there would be no new developments inside the
city limits. The fourth statement speaks of the voice in city government, he said, but, in these four
areas- -there are 39 people on Jenkins Road; 93 people on Highway 19; 60 on Badger Lane; and 18 on Highway
190 for a total of 210 people, possibly 100 old enough to vote - -and that would not have an impact on an
election. As a side remark, Mr. Spence said a town of 13,000 people certainly does not need a council
composed of eight people. He said in regard to philosophy statement number five, no one ever got more money
back from a state or a federal government than they paid in. In regard to statement number six, he said,
the sins that are committed in the name of public health and public safety are legion. He said he bets if
an impartial group were to evaluate the last 100 ordinances passed by the city council, they would find that
90% of these were touted as health or safety ordinances and that they are unnecessary or they do not have
anything to do with health or safety. He said one of the great democrats, when they were democrats, Thomas
Jefferson, said "he who governs least, governs best." He said the only reason for another city would be to
stop the one we got from getting greedy. He said for fear of being misunderstood, he is against annexation
of Highway 19. He then referred to "practical considerations" in the annexation philosophy statement, and
noted there are some 60 people that he knows of that live on Highway 19 who do not want to be in the city,
and that answers practical consideration number one. Concerning consideration two, he said there is a total
area, in these four areas of 614 acres, and not one of these areas is a growth area nor will it be in the
foreseeable future. He said the growth is west, not north or east; Westridge, Elkins, Timberwilde, Walker
County Fairgrounds- -but those will cost money for capital improvements; maybe that is why the tax base is
Less there from the standpoint of producing income. Consideration number three, he said, even the current
city residents will not benefit from this annexation because there will be no reduction in their taxes and
there will be no increase in their services. Concerning consideration number four, the city standards are a
joke, he said, they are like the Texas weather - -they change every fifteen minutes and not necessarily for
the better. He asked if the city government will grandfather these areas they wish to take in to the extent
of sewers, water, lighting, curbs and gutters, roads and paving. He said if the council will spell out a
specific timetable for the city to make these improvements, at no cost to the property owners, then they
might have 210 happy new citizens.
Mr. Serafin he has enjoyed his short relationship with the city in the use of its services, in spite
f the fact that some of the city residents might not like his services and may not like his money coming
nto the community, but he said he will continue to contribute to Moore Henry and Ward Furniture and all
he other businesses in the community because he still personally likes the people he deals with on a
egular basis and he will continue to do so. He reiterated he does not need capital improvements from the
ity in his area because he is satisfied, insofar as they have done nothing to improve his drainage areas in
recinct 3, for the last several years under Mr. Ellisor, and he is still happy with that as long as they
eave him alone and don't try to charge him something for nothing. He said this is what he perceives the
urrent annexation plans to be. An analogy he thought of, while listening to the speakers, is the pyramid
rogram that has been outlawed in all the states, and he asked if we are annexed into the city if their area
ould be on the bottom of the pyramid, supporting the upper block, and at what point in time will their area
I]
MINUTES OF THE AUGUST 30, 1988 COUNCIL MEETING BOOK "P"
139
move up on the pyramid to be supported and get these capital improvements that they may not need, but tha
they may wish to get in order to get something for their money. He said they have a rock road on Ander
Lane and if they are going to be paying something, just like when one goes to the store one wants to ge
something for their money. He said he doesn't like eating dust as he goes down the road anymore than th
next guy, but he is happy to do it since it doesn't cost him anything to eat it. He said if the city i
going to be paying for additional employees, that might be a reason to collect additional taxes, but he i
not quite certain, since Mr. Bounds has already said there are numerous areas in the city that don't hay
improvements, that they will be happy to take them in and have the improvements done to their area, knowin<
that sooner or later they'll have to pay, along with the rest of the city residents, to make improvements
in his area. He said they didn't petition the city to take them in and if they had come to the Council witl
a petition from all the residents asking to be annexed, they would probably have to fight tooth and nail is
get the city to annex them in order to have something done in the way of capital improvements. He sail
since the city realized there is no capital improvements necessary in their area, he does not see why the,,
should be forced into annexation. He noted last week, as he remembers, prior to 1987, there used to be as
electoral process that required the people to be annexed to vote "in" the annexation. Mr. Scott Bounds, Cit,
Attorney, said that was mentioned by Mr. Jack Haney and he felt Mr. Haney was incorrect on that. He sail
with regard to Home Rule cities, there has not been a requirement that cities be petitioned for annexatisx
or that there be an election to approve the annexation. He said home rule cities, such as the city o
Huntsville, have the power for unilateral annexation. Mr. Serafin said then even though the resident;
oppose it, the city can consider it anyway. He said it is fairly obvious the areas to be annexed ar,
represented by a majority of people in each of those areas and since, the majority, he thought, unde
democracy, is supposed to indicate what needs were and were not for a particular section, he felt the cit
should pay a little more attention to those people. He said he definitely is opposed to annexation an
wants to make sure the Council hears all the people from the Anders Lane area as welt as the other areas t
be considered. He said he talked to people on Ettisor Road and they are watching because they feet the cit
limits will be that much closer to their areas. He said he talked to two people in Crabbs Prairie that ar
worried their area is going to be annexed. He said folks are wondering if the city continues to annex
where are they going to draw the line. He said all the annexation is doing right now is dividing up line
for people to take sides and getting them involved in a process, and starting arguments between people an
it isn't serving any real purpose. He said there is a lot of animosity out there by the county resident
who are getting more and more fired up because all of these people are talking to other people in the count
and they don't want to be swallowed up by the city, the state and the federal government, just for the sak
of getting more tax money with no capital improvements.
John Byrd, Strawberry Lane. 295 -1842
Mr. Byrd presented and read a prepared paper, a copy of which is on file with the City Secretary's
office, which stated concerns and criticisms of the city; opposition to annexation and encouragement of the
council to develop more enticing ways to attract new industries and businesses to Huntsville, to cut the red
tape, and to take care of what it has before annexing more areas to which it cannot provide basic services.
Attached to this paper was a petition containing the signatures of 59 individuals from the Hwy 19 and Anders
Lane areas, who oppose the annexation of this area.
BADGER ADDITION
Mr. Jack Haney, FNB Blda., Suite 405, 295-3712
Mr. Haney said he recognizes the City's power to annex and that under the law there is no question
that the city has the right to annex as it sees fit, as tong as it stays within the guidelines of the Local
Government Code. He asked the City Attorney, Scott Bounds to clarify a capital improvement. Mr. Bounds
said they are hose types of facilities that would be tong -term permanent improvements, generally, although
not always, financed through some type of debt instrument; i.e., improvements to the airport, construction
of new buildings, construction of streets, extension of water or sewer lines, etc. Mr. Haney said perhaps
street lighting is also a capital improvement. He said the point he is making is that under the Local
Government Code (Section 43.056. Subsection C), it says the service plan must also include a program under
which the municipality will initiate the acquisition or construction of capital improvements for providing
MINUTES OF THE AUGUST 30, 1988 COUNCIL MEETING BOOK "P" 140
unicipal services for the area with such construction to begin within two and one -half years after the
ffective date of the annexation. Mr. Haney said it is very clear that if capital improvements are needed
n an area that is to be annexed, the city must, not may, but must begin construction of those capital
mprovements within two and one -half years. He said this orders the city to do this and these people are
ntitled to something if they are going to be brought into the city. He said it is not enough to say they
an use what they already have use of, but rather the city has to give them something in return for the tax
ollars. He said there are capital improvements which must be provided, noting he cannot see how 614 acres,
0 dwellings, 210 people, nine commercial and industrial units can be brought into the city and there not be
ny need for any capital improvements. He said the service plans do not provide for capital improvements
nd it was his opinion that under the law they must provide for that. He said this is the primary reason
or reappearing tonight.
He said he represents Badger Addition and himself as a citizen and taxpayer of Huntsville, and as
uch, he was embarrassed because the service plans are vague, misleading, totally incomplete. He said as a
axpayer he resents that there be nothing at all said about what this is going to cost the City of
untsville, what the city is going to get in income, what it is going to cost the people who are going to be
nnexed, what fees they are going to have to pay, etc . He said he didn't know how any business can conduct
hat business without knowing what they are going to get for income, what it is going to cost them. He said
he Code doesn't say the service plan must say anything about income or expenses, but how can the city
onduct business without knowing that. He asked how they can possibly budget. He said he assumes if the
ouncit votes for annexation, these people are going to be on line in 90 days. Mr. Bounds said the plan
rovides that some governmental services are provided immediately and others are provided in 60 days, and
hat is specifically provided for in the plan. Mr. Bounds said the annexation becomes effective the night
he ordinance is adopted. Mr. Haney said these people are going to be a part of the City's budget for next
ear so he didn't know why we don't know how much income we are going to get in taxes and in fees, how much
t is going to cost us. He said this needs to be budgeted. Mr. Haney said another reason these service
tans are vague is that every one of them is the same except for the legal description of the property and
he services mentioned are all exactly the same. He said he can't believe that in 614 acres there can't be
omething different to cause one area to need something another area does not need. He said the city needs
o sit down and make a plan for servicing these areas they propose to annex. He then referred to the Local
overnment Code (Section 43.056. Subsection G) concerning a contractual obligation upon the city. He said
he City cannot have a contract if what it offers to do is so vague and so ambiguous that it can't be
nforced. He said the code says this becomes a contractual obligation and yet if the city has not promised
o do anything, what can be enforced?
Mr. Haney then referred to Code Section 43.141 concerning " disannexation." He wondered how many
imes the Council has discussed, thought about or knew about disannexation. He said if the council votes
hese people in, they are going to have a right to come to the Council and ask to be disannexed from the
ity. He said if the City does not disannex them, they can go to the District Court to file a lawsuit and
hey can ask the District Court to disannex them from the City of Huntsville. Mr. Haney said the Code
ays there are two reasons why the District Court can disannex an area and they are that the municipality
ailed to perform its obligations in accordance with the service plan. He said if there is no commitment in
he service plan in the first place, then there is nothing more ambiguous and nothing more vague than that
nd the city hasn't performed and that is arranged. Mr. Haney said the kicker is that it is not number one
nd number two, it is number one "or" number two: if the municipality failed to perform in good faith. He
aid he didn't know how anybody can vote to annex these areas when they are not offering one thing they
on't already have and can say to them you have been fair to them and have acted in good faith.
Finally, Mr. Haney noted, under the Charter, the property owners in an annexed area can vote in an
lection and the Local Government Code allows an election, although not demanded, it is a choice that the
ity has, whether or not to allow. Under the Code, the inhabitants of the area proposed for annexation have
right to vote and the citizens of Huntsville have a right to vote for annexation. He said they only have
hat right if the City Council gives them that right. He said the Council can annex without asking anyone
fl
L7
MINUTES OF THE AUGUST 30, 1988 COUNCIL MEETING BOOK "P" 141
with two public hearings and a vote by the Council, but it can also do it in good faith, fairly, and by
giving those people an opportunity by majority vote and the Council can give the City's voters the right by
majority vote to decide whether or not to annex the various areas. He urged the Council to consider this
and to took at Section 43.056, Subsection C of the Local Government Code and decide before it votes on this
matter, whether or not they are obligated within two and one -half years to begin construction on the capital
improvements needed for those areas. Whether they are needed or not, under the law, is determined by whether
or not everyone is getting "substantially equivalent" service as is being furnished to other areas of the
city, and this is what the case law says, he noted.
Mr. Scott Bounds, City Attorney, advised the revisions to the Texas Local Government Code did not
change any of the prior case law. He said it is quite clear that by annexing an area, a city doesn't become
a developer and it does not have to provide sewer service, paved streets and generally do things a normal
developer might be expected to do in a subdivision. He said with regard to the Badger Addition
specifically, he asked if there are any capital improvements Mr. Haney believes should be provided to the
residents of that area upon annexation that are not proposed? Mr. Haney said absolutely, and that a good
part of the addition does not have sewer service. He said he is told it is not there because of the way the
land lays and the only way a portion can have sewer service is if a lift station is built to pump that
sewage back up the hill to get it in the sewage system. Mr. Haney said he did not know of all the things
out there that they need, but without question, they need new streets. He said that is a capital
improvement. He said he feels sure they need street lights and that is also a capital improvement. He said
he knows they need additional sewage and that's a capital improvement. Mr. Lew Hillman, from the audience,
suggested a new fire substation. Mr. Haney said that is a thought. He said somewhere along the line, if we
reach out far enough, we are going to need another fire substation. He said these people out in that part
of the city don't have one at att. He said he isn't sure about that but he'll throw it out for
consideration.
Mr. Haney said he realizes the City is not a developer. He then asked if he owns property in the
city and wants to develop it, he has to do so under very strict requirements, very costly requirements, yet,
how, in fairness and in good faith, can the city reach out and take 614 acres and not have the same
obligation. He said there is no ordinance or code to say the city has to do it, but why in fairness and
good faith doesn't the city have to do it? He said the city does have to do it, if it does it fairly.
Carroll Davis, 2217 Shannon, 291 -6491
Ms. Davis said the people in this area are all human beings, they have feelings and they have
reasons for having moved out there. She said she lives close to Huntsville because she works for the HISD
as a crisis counselor, and has to travel from school to school in the conductance of her job and does a
great deal of driving; she chose this area because she needed a quiet retreat from the demands of her job
and needed to be close to her work. She said she cannot afford a large city tot to get this peace and quite
that she has now; her salary has not increased in the last several years and it is difficult to consider
more taxes for extra services she does not need; he may not be able to stay at her peaceful retreat if her
costs increase; is concerned about having to sell her home and in today's market and not being able to
recoup her actual costs and thereby not be able to afford another home. She asked why the City needs to
take in the Badger Addition, noting it would add very little to the city's perimeter. She asked if the city
wants it just because it is there and the city has the power to take it. She said oftentimes governments
wield power in such a way that it is difficult to find any relationship between the power's exercise and the
actual need for the governed. She said a City Council is as close to the people it governs as it can
possibly be and it certainly should be. She said if the annexation of Badger Addition is not being done to
bring improvements to the area, and if it is not being done for any desired services to the residents, is
there any real benefit to the residents or are those things just not supposed to be considered. She asked
if the Council will then also later force unwanted so- called benefits on Huntsville's present residents in
order to raise taxes - -is that going to become a way of life here? She asked why not bring in all of Walker
County that is not already inside some other town. Many of those people shop in Huntsville too, she said,
and shouldn't they be taxed too if that is the premise? She asked if the amount of revenue coming from
MINUTES OF THE AUGUST 30, 1988 COUNCIL MEETING BOOK "P" 142
these few families is so great or so desperately needed so that the Council is forced to ignore the good of
the people for the needs of the bureaucracy? She said she has listened to her neighbors as they have spoken
to the Council and finds it hard to believe the Council won't hear them. She said she finds it also hard to
believe these hearings are only formalities. While recognizing the Council's responsibility, she asked that
the Council be responsible to the needs and wishes of those who live in the Badger Addition and the other
areas proposed for annexation. She told the Council they are not just land out there, but they are people
who want to enjoy what they have been working for and for what they believed they were purchasing. She said
they just want the same consideration the Council would want if they were in their place.
John McCoy, 1615 Bagwell. 295 -3410
Mr. McCoy advised he lives down at the back end of Badger Lane. He said he was told he could not be
connected to city's sewer system, so he installed a new septic drain field. He said he understands from the
Mr. Bounds' letter to Mr. Haney that capital improvements are not necessary. He asked if need and necessity
is determined by the fact that if "we don't have it we don't need it ?" He asked if that is the Attorney's
definition of needs assessment. Mr. Bounds said need and necessity is set out as population density,
topography and the cost of providing the service to a group of people based upon how that situation was
handled in other parts of the city. He said if the city determines (after studying the population density,
size of lots, how hard it is to construct a system to relieve a sewer problem, whether or not the septic
tank systems that exist in the area because of the size of the lots work, so that there is not a health
problem), that a sanitary sewer system is not necessary to protect the public health then it is consistent
with the city's general policy of providing sewer service in the city. He said it is not necessary that
everybody be on a gravity sewer system. The City has a development code that permits on -site sewage
treatment systems in developments, and septic tanks are not prohibited. Mr. Bounds said that the city has
Looked at Mr. McCoy's situation and the expense of providing sewer service to the area, and the land around
his residence is such, that under the general guidelines of the city, there is no need at this time for the
city to extend at its expense or other sewer payers expense or at tax expense, sewer service to Mr. McCoy's
tract. Mr. McCoy said basically what the attorney is saying is that if we don't have it now we don't need
it. Mr. Bounds said that will not always be the situation. He said the city has annexed areas where it has
provided sewer service. Mr. McCoy asked if the city will take care of his septic system after annexation.
Mr. Bounds said that is still the individual's responsibility.
Ronald Allen. 2210 Badger Lane, 295 -7440
Mr. Allen pointed out two things that concern him: 1) Councilmember Percy Howard's land on FM 247
past Jenkins Road that is not being annexed; and 2) how North Oak Mobile Home Park on FM 980, located
outside the city limits, and owned by the City Manager's brother, Jeff Pipes, can have city sewer. Mr.
Allen said he is not saying anything illegal has happened here, on the contrary, he believes everything has
been handled properly, but what does bother him is that there are people inside the city limits that do not
have city sewer and people that live outside the city limits who don't have the right to choose what side of
the city limits sign they want to live on. He asked the Council how they could, in good conscious, take
these people in when they don't want to be annexed, and how can they do so and not readily provide city
services, including city sewer. He said it sounds like everyone isn't being treated equally. He said when
we lose the ability to treat everyone equally, and when people lose the freedom to chose their own destiny,
then this country, county and city will no longer be and the people who died to protect these rights will
have died in vain. He said all he is asking the Council to do is to treat all of them the same, whether
rich, poor, black, white, or brown; give them all the same rights and respect. He said he disagreed with
the City Attorney's explanation.
Mr. Bounds responded to the question concerning Mr. Jeff Pipes' sewer service outside the city
Limits. He said there are individuals in the Badger Addition who have sewer services at the present time
even though they don't live inside the city limits. Mr. Bounds said the North Huntsville Sewer Plant was
reconstructed approximately two -three miles north of the city's existing city limits, from its former
Location near the Diagnostic Unit of TDC. In the process of relocating this plant, he said, the city had to
construct a trunk line from the old sewer plant to the new sewer plant and Mr. Pipes' brother bought a tract
MINUTES OF THE AUGUST 30, 1988 COUNCIL MEETING BOOK "P"
143
of land adjacent to that trunk line and has connected his mobile home park into it. He said the cit
provides services to any individual outside the city limits who is willing to connect under the city's sewe
policy, just like the city provided sewer service to those individuals in the Badger Addition. He sai
anyone who buys a tract of land adjacent to a sewer line has the right to tie into it no matter who the
are. Mr. Allen said, in response, that white there is a good explanation to the question, and it may
honest, it simply looks bad to the people to whom the city now says it cannot give sewer service. H
reminded the staff they are there to be responsible to the people.
Mayor Monday said the Council lives by the policy of treating everyone equally and everyone outside
the city is treated equally if they are near the sewer line and have access to it and want to pay to hook tAl
to it, they are treated the very same way. She said that sewer policy is there for anyone that has th
land, the location, is near it and wants to access it. Mr. Allen said the people on Badger Lane tha
cannot get a pumping station are not going to be treated as fairly as the people outside the city that hav
city sewer.
Councilmember Bell advised he was unaware that Mr. Howard owned any land adjacent to the propos
annexation area and that it was never a consideration of the Council to draw the lines based upon where tha
Land lays. He asked that this be clarified and done so very strongly at this point. Mayor Monday als
noted she was unaware of this land. Mr. Greg Smith said Mr. Howard's land is on the other side of Home
Grisham's land which is the annexation boundary tine and Mr. Howard's land is the next 9.89 acres
Councilmember Bell said that is irrelevant as it was not a part of the consideration as to where the Line
were drawn. Mr. Smith said his 19 acres was not a part of the consideration either, but it almost got take
in until he found the mistake and came up here to try to get it corrected. Councitmember Carter noted W
is the purpose of the public hearing.
Councilmember Percy Howard advised he does not own the land in question. He said for a number of
years, the Scott family farmed some 49 acres of land. He said his wife is involved with the family and some
land may possibly be willed to his children. He said if those interested will look up the deeds at the
courthouse, they'll see that his property is under the J. D. Richardson Survey, and the property in questior
here is under the Wiley Survey. He said he has done some clearing on that property Long* before annexation~,
Long before he was involved even with the City Council because of the help needed for the elderly Mr. Scott,
who, along with his wife and son are now deceased. He clarified the people who own the land are related t
his family. He said he does not own any land out there, but he has helped them, hauled wood for them, arK
has just done a lot of things as he would do for any elderly people. He again stated he does not own tarK
out there but that it is land that is involved with people that will probably, some day, sell the land or
will it to somebody.
Tom McMillian. 2227 Badger Lane, 295 -5501
Mr. McMillian felt we had beat this horse to death. He said he understands he cannot be providec
with sewer service to his two acres in the Badger Addition. He said he does want to mention he has dealt
with politicians since he was 23 years old, noting he went to the Texas legislature at that age and passec
several bills, so he knows how to deal with politicians and people who say they are going to do something
and yet not do it. He said in those days, they worked together, laughed together and talked together, but
they worked toward a goal to help all the people possible. So far, he said, he can't see that in this
situation. While he does not know all the details, he felt most of them have been brought out tonight. He
thanked the Council because he knows they work hard and put in a lot of extra hours and time for which there
is no payment. He said he knows some of them are trying to do the best they can do under the circumstances.
He said he knows the Council feels the decision they made toward the annexation of all these areas, is the
best for all concerned. He closed by relaying this passage which he titled A Politician's Creed -- A
politician says: "I've got friends who are 'for' it; I've got friends who are 'against' it, and personally,
I'm for my friends."
MINUTES OF THE AUGUST 30, 1988 COUNCIL MEETING BOOK "P" 144
Loren Brewer. 2216 Badger Lane, 291 -3651
Mr. Brewer said he is a 30 year retired navy man on a fixed income. He said he feels the annexation
plan is flawed and not thought out properly. He said just recently, the Council came up with the "star
plan," and it was devised, according to the radio, to keep other cities from annexing them. He said he
didn't feel anyone else would want them. He asked the Council to rethink that plan. He said he does not
think the city will annex them because he does not think it is in the best interest of the city to bring
them in at this time because there is no plan for them and things have not been thought out properly. He
asked them to think it out properly and vote with their hearts and not with their pocketbooks.
CHAMPION INTERNATIONAL-HWY 190 -FM 3411 AREA
Dennis Van Hess Rt. 6. Box 148, 295 -5178
Mr. Van Hess said he is a lifelong resident of the Huntsville area, noting when he lived just
outside the city, the city annexed him and there has been a long fight ever since. He asked when the Old
Phelps Road was taken into the city limits and why don't they have sewage out there yet? Mr. Pipes said the
same topographical answer that was given earlier applies to that area. Mr. Van Hess said he also owns
property in the city and at one place the sewer has not worked since he has been there as it has flooded his
house three times and the city has paid damages. He asked why that can't be fixed. He said the city wishes
to take in new area, but it can't fix what it has. He said it gets aggravating after awhile. He said he
agrees with the city codes to have everything inspected. He said when his electrical work goes out, he has
to hire a licensed electrician to do it and then he has to get someone to follow through with him to see
that it is done right so it will work. He said he is as qualified to do it as the electrician as he has
done it for years but just doesn't have a license, but the city is going to require him to hire someone and
pay them anywhere from $25 -S50 an hour for something he could do himself. He said he has property out near
Champion so that he could do the work himself, and now the city wants to take it in. He said he also has
property out just north of Jenkins Road, which will fall into the ETJ and he will be restricted again. He
said he is in the process of putting in a rifle range out there and wondered what annexation will mean for
those plans. He said he feels caught again. Mr. Pipes said there will be no effect on that in the ETJ at
the present time. Mr. Van Hess felt that if Jenkins Road is taken in, his property will be next. He asked
with the licensing requirements, etc., how will the rifle range be restricted if annexed; will he have to
shut it down? Mr. Pipes said it is permissible under city ordinance if it is properly constructed and
Licensed. Mr. Van Hess said he has property in the city and pays taxes on it, lives outside the city, but
he feels he is being denied some of the things some of the other people are getting. He said he is being
taxed, but does not have a say in what is happening or where his money goes that he pays for taxes. He said
he does not agree with all of it, but a lot of it he does agree with. He said overall a good job is being
done by everyone concerned, but there are some points with which he does disagree and that is when being
taken into the city restricts his ownership.
Alice James, P. 0. Box 385, 291 -2482
Ms. James said she feels her foot has been stepped on too. She said she lives on Hwy 190 East. She
presented a petition she was able to get some of the people to sign. She said one resident has told her all
the city has ever done for her is raise the taxes. She also presented a copy of a recent Huntsville Item
Reader's Forum letter from Mr. Brian P. Woodward that she wanted the Council to read. She said they have
city utilities but not city sewer. She said the septic system works fine. She said she passed through the
city and smelled a sewage smell, but they have never had a problem with their septic system. She said they
do not want to be annexed.
Betty Watkins, P. 0. Box 385, 291-2482
Ms. Watkins said she is against annexation. She said they have all the things the council offers in
their proposal. She said they have city water, not city sewer but they don't have septic tank problems.
She said she has no need for the airport. She said she agrees with everyone else.
Jerry B. James. Jr., P. 0. Box 385, 291 -2482
Mr. James said he agrees with the comments already made.
0
1
1
MINUTES OF THE AUGUST 30, 1988 COUNCIL MEETING BOOK "PH 145
PUBLIC HEARING CLOSED
Mayor Monday thanked alt those who spoke in the hearing. She said the Council does appreciate their
time and effort to express themselves to the Council. She said there wilt probably be another public
hearing to be approved later in this meeting. She said the Council will take a ten minute recess at this
time so that anyone present who wishes to express any other comments to them they may do so.
FORMAL SESSION
CONSIDER THE MINUTES OF THE PREVIOUS MEETING OF AUGUST 23, 1988
Councilmember Gaines made the motion to approve of the minutes as Presented and Councilmember Howard
seconded the motion. All were in favor and the motion Passed unanimously.
CONSIDER ORDINANCES
Consider ordinance No. 88 -14 adopting the proposed Fiscal Year 1988 -89 budget as Presented and discussed
Mr. Pipes, City Manager, presented this ordinance, the caption of which is as follows:
ORDINANCE NO. 88-14
AN ORDINANCE FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION
AND PRESENTMENT OF AN ANNUAL BUDGET; APPROVING AND ADOPTING THE OPERATING AND CAPITAL
IMPROVEMENTS BUDGET FOR THE CITY OF HUNTSVILLE, TEXAS, FOR THE PERIOD OCTOBER 1, 1988
THROUGH SEPTEMBER 30, 1989; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF.
He then presented the $17,796,823 budget, which includes the following expenditure categories:
General Fund . . . . . . . . . . .
$ 5,573,788
Debt Service Fund . . . . . . . .
S 738,422
Design Engineering . . . . . . . .
S 506,515
Utilities Fund . . . . . . . . . .
S 6,065,635
Sanitation Fund . . . . . . . . .
S 1.686,000
Total Operations & Maintenance . .
$14,570,360
Capital improvements . . . . . . .
$ 3.226.463
Aggregate Total . . . . . . . . .
$17,796,823
Councilmember Barrett made the motion to adopt Ordinance
No 88 -14 as Presented and Councilmember Howardl
seconded the motion. All were in favor and the motion Passed unanimously.
Consider Ordinance No. 88 -15 adopting a tax rate of 38.44 cents per $100 assessed valuation to meet the
budget requirements
Mr. Pipes presented this ordinance, the caption of which is as follows:
ORDINANCE NO. 88 -15
AN ORDINANCE ADOPTING THE TAX RATE AND LEVYING TAXES FOR THE CITY OF HUNTSVILLE FOR
THE ENSUING FISCAL YEAR UPON ALL TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION
IN THE CITY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF
Mr. Pipes advised this 38.44 cents will be apportioned among funds and departments of the city government
for the following purposes:
General Fund Operations $0.2432
Debt Service for Payment of Bonded Indebtedness $0.1412
$0.3844
Councilmember Green made the motion to approve of Ordinance No 88 -15 and Councilmember Bell seconded the
motion. All were in favor and the motion passed unanimously.
MINUTES OF THE AUGUST 30, 1988 COUNCIL MEETING BOOK "P" 146
MAYOR'S ACTIVITY REPORT- -JANE MONDAY
Mayor Monday asked the Council's consideration of holding a third public hearing on annexation, as
ested by the City Attorney, on Monday, September 12. Final action on annexation will then occur on
ber 4, 1988, she noted, pending any further discussion the Council may wish to have which may alter that
. Councilmember Bell made the motion to approve the third hearing and Councilmember Carter seconded the
Mayor Monday then appointed a committee of council to work for the next couple of weeks with the
istorically designated areas that were presented to the Council to recommend how those areas should be
reated by the city. She asked Councilmembers James L. Carter, Ila G. Gaines and 0. Eugene Barrett to serve
ith her on this committee. She said this committee will develop some policy guidelines to be brought back
o the Council for consideration.
COUNCIL ACTION
Councilmember Carter noted that almost every speaker who spoke in the annexation hearings had little
ubstance in the arguments they made against annexation. He said there were a few points, but they were not
elevant to the city annexing those particular spots. He said if there is another public hearing, perhaps
here should be some discussion as to the Council's response.
Mayor Monday felt this suggestion is appropriate. Councilmember Green said such comments would
ertainly be appropriate at the point when the motion is made either to approve or disapprove annexation,
hen it is open for discussion and each individual councilmember will have the responsibility to explain why
hey are going to vote like they are. Mayor Monday agreed this is the appropriate time for Council
omments, but there are some things she wants to relate to tonight that will take some proper planning from
taff. Councilmember Carter said he wanted to respond to the comments being made after they were made and
sked if this is what the Council will do next week. Mayor Monday noted there is a time to speak and there
s a time to listen. Councilmember Barrett felt that if any comments are made during the public hearings
hat a false, the city manager needs to inject the truth then and there, because a falsehood should not be
M owed to go unanswered.
Councilmember Hammock felt the council and staff should again look at the service plans, noting
here is more homework to do on the plans. Mayor Monday felt the need to re- evaluate those plans to make
ure they address the legitimate concerns that were brought up this evening. She was not sure what this
e- evaluation period would do to the timing and sequencing of the annexation process. Mr. Bounds said there
,ill be a real problem if the council is going to change the service plans. Councilmember Knotts said the
apital improvements program has been laid out to 1993 and here we are trying to annex people and there is
othing shown on there for any improvements for them. He said even if it is 1995, they should have some
dea of when the city is going to do something. Mayor Monday said she absolutely agrees with Mr. Knotts.
r. Bounds said the service plans are quite clear in stating they will be worked into the capital
mprovements program. He said the issue with regard to annexation is whether or not the city is required to
,rovide them with a particular capital improvement. Mr. Knotts felt the city needs to propose a time table
or those improvements.
After further discussion about the specific concerns expressed by the citizens, Monday said the
ncil should address the sewer concerns of the Badger Addition to the effect that the city may wish to let
m know about the options available, such as a lift station, grinder pumps and in what areas. She said
feels the city needs to take a look at what they need and then address it. She felt we need to respond
the possibility of resurfacing Strawberry Lane, etc. She felt those specific questions deserve a
cific answer from the Council. Councilmember Carter felt those questions have already been answered.
said practically any citizen in Huntsville could come in and ask the same question. Councilmember Knotts
C
I
MINUTES Of THE AUGUST 30, 1988 COUNCIL MEETING BOOK °P" 147
said there would not be so much opposition if we could offer them some kind of timetable for the
installation of certain services. Mayor Monday said the legitimate concerns need to be looked at, and if
that means we are not on schedule, then we'll look at a new schedule. Councitmember Bell said we tend to
think that city services are water, sewer, streets and garbage, but the city also provides an atmosphere in
which these people can drive to school to school, and in which these people can shop, and do so in safety
because of our police force. He said we are already doing a lot to provide the atmosphere for shopping, and
working safely and the city provides an infrastructure these people exploit daily; noting he doesn't think
they are tearing up the roads, but he knows they are using the roads. He said their children play soccer
with his children and while they all pay $20 to be on the team, that $20 pays for the program, not the
facility or the maintenance of it. He said every time we turn on the lights at the ballfields, that is a
city budget expense. He said we are providing many things they are either wilfully or unconsciously
choosing to ignore. Mayor Monday noted she agrees with Councilmember Bell 100 %, but she also feels these
people had legitimate questions for their area that she would like to see this City Council address in the
service plans. Councilmember Knotts felt more specificity in the timetable would make this whole process
more satisfactory. Mayor Monday said there may be some things we can do now and some we can't, realizing
all of the needs must be worked into the city's overall plan for capital improvements. She said we need to
Look at what we can do and work up a legitimate timetable.
Mr. Bounds said if the Council wants to stay on the same schedule, these decisions must be made
between now and the next public hearing on September 12 as to changes in the service plans. He said we'll
need to meet again some time next week to look at the service plans and give the staff some direction so
that something can be prepared before the hearing. He said the other alternative is to stop the process now
and go into two more public hearings at a later date in time. Councilmember Hammock said he would rather do
it that way then to do it wrong and Councilmember Gaines agreed, noting she didn't see the big hurry. Mr.
Bounds said the only hurry was to complete the annexation so as to comply with the Justice Department
preclearance of any changes in the city's boundaries before the January 21st election.
Mr. Gene Pipes said there will be a formal Council Meeting on September 6 to discuss this matter
again prior to the Monday, September 12 hearing. Councilmember Barrett said the Planning Department should
be able to bring the information to the Council as to what needs fixing and what the timetable can be to do
those things. Mayor Monday suggested the staff come back with these recommendations and any alternatives
they see. Councilmember Green noted even with all these answers, they will not want to be in the city.
Mayor Monday and Councilmember Hammock said but the Council will have proven it is acting in good faith.
Councilmember Green said the major reason people do not wish to be annexed is not the tax dollars, but
rather the city regulations. Councitmember Knotts spoke in favor of building regulations, noting without
them, we would have more buildings with ceilings collapse. Councitmember Barrett said there are some who
feel Huntsville is over - regulated. After some discussion, Mayor Monday noted it is the consensus of the
Council that we will look again at the service plans next Tuesday evening.
Tourism Report
Councitmember Carter advised in reviewing the monthly Tourism Report from the Chamber of Commerce,
he finds they have have not detailed 75 %, or $3,084.00 of the $4,142.19, but merely listed the amount as
being spent for program coordination, accounting, receptionist, retirement, insurance, social security,
utilities, physical plant, office supplies, and dues /subscriptions. He said this is simply not acceptable.
He then asked for a detailed break -down of that amount.
ADJOURNMENT
Respectfully submitted
h Secretary, City Secretary
August 30, 1988