06251964 Regular Meeting - Laserfiche WebLink

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7~ ADJOURNED REGULAR MEET ING OF THE CITY CXlUNCIL OF THE CITY OF SAN MARCOS, TEXAS, JUNE 25,l964 Present: Mayor FNnk Taylor I Alde:rmen: Ruben Ruiz Ellis Serur Mark H. Whittenberg Ci ty Manager City Secretary B. R. Fuller Dorothy O. Worrell Absent: Aldermen: William C. Pool A.G. Tuttle Visitors I MrS. Jerri Veidt, Mike Davis, W.H. Tiner, J.L. Moore, Bill Powers, MrS. Ira Bowles The Mayor called the meeting to order at 2:00 p.m. Councilmen signed Consent to Meeting. James L. MOore and W.H. Tiner came before the Council with a plat showing property they wish to have annexed. The proper procedure for petition of annexation was explained to Mr. Moore and Mr. Tiner. Councilmen and the City Manager examined the plats and agreed the property was subject to annexation on petition. They agreed to have the petition properly prepared for presentation June 29th. I The Mayor brought up for discussion a petition filed by Brooks Holman to take deposition of B.R. Fuller regarding Mr. Holman's contract with the City of San Marcos fOr collection of delinquent taxes. The City Manager invited the attention of the Council to their action May 11, 1964 in which they voted to notify Mr. Holman that his contract would not be renewed, and requested him to process the suits already filed. The Council directed that no new suits be filed. The portion of the Minutes of May 11 relating to this action was read aloud by the Secretary at the request of the Mayor. The City Manager stated he had communicated the Council's action by certified mail on May 13. Mr. Holman visited the City Tax Office where he was shown a copy of the letter. At 9 a.m. on May 14, Mr. Holman filed 75 suits. The City Manager informed the Council that Mr. Holman had not only disregarded the Council's instructions, but had filed suits on property which had been transferred to the Local Public Agency; property on which taxes had been paid; and property which had previously been sold at sheriff's sale. Since there is a $5 fee for dismissing any suit, the City Manager said he had notified Mr. Holman on June l7 that monies due him under his contract would be withheld until the wishes of the Council could be determined. The petition for deposition of Mr. Fu1lerfolloweo. Alderman Ruiz asked if the fees fOr dismissal would amount to about $375. The City Manager agreed, and Mr. Ruiz offered the opinion that it might be cheaper to stand the expernse of dismissal fees, rather than have Mr. Holman sue the City. After discussion of the various aspects of the case, Alderman Serur moved that the action of Brooks Holman be referred by the City Attorney to the Travis County Bar Association for investigation. There being no second, and after further discussion, Alderman SerUr withdrew his motion. Councilmen requested to hear the Citation read. The City Manager stated the action was against him as an individual, rather than as a City employee. The Council again requesting it, Mr. Fuller read the Citation aloud. He informed the Council that the hearing was set for Friday, June 26, at 9 a,m. and that he would be represented by his own attorney. Returning to his original observat- ion, Alderman ~iz offered to talk with Mr. Holman personally, if it were the wish of the Council, to see if an amicable agreement could be reached, and a lawsuit avoided. The Council recessed for five minutes while the Mayor answer-ed a phone cail. Back in session, Alderman Ruiz asked the City Manager if Tax I f" ::::: :::c , ;;... ::!l ~\f (,66