HomeMy WebLinkAboutMinutes City Council - 01/18/1967MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
January 18, 1967
2:00 p.m.
PRESENT:
Mayor McIver Furman
Mayor Pro Tem Jack R . Blackmon
Commissioners:
Patrick J . Dunne
Dr. P. Jimenez
Ken McDaniel
Ronnie Sizemore
Wm . H . Wal lace
City Manager Herbert W. Whitney
City Attorney I .M. Singer
City Secretary T. Ray Kring
Mayor McIver Furman called the meeting to order.
The Invocation was given by the Reverend Marvin A. Hicks of United Pentecostal
Calvary Tabernacle Church.
Motion by Blackmon, seconded by Dunne and passed that the Minutes of the
Regular Council Meeting of January 11, 1967, be approved as furnished to the Council .
Mayor Furman read and presented proclamations relative to the following:
JAYCEE WEEK, the week of January 22nd through January 28, 1967, accepted by Mr.
George H. Brown, Jr., President of the Local Jaycees; CEREBRAL PALSY TELETHON DAYS,
January 21st through January 22, 1967, accepted by Mrs. Gavitt; NUECES COUNTY
JUNIOR LIVESTOCK SHOW AND SALE DAYS, January 19th through January 21, 1967,
accepted by Mr. Sam Ruegge, President of the Nueces County Livestock Association, and
four FHA and 4-H Club members, Billy Neal, Howard Murph, Noah Gonzalez and Juan
Gonzalez; and WOMEN BOWLERS WEEK, February 3rd through February 10, 1967, accepted
by Dorothy Cornelison.
Mayor Furman announced the opening of bids.
Bids were opened and read on the proposed Police Building addition from the follow-
ing firms: Braselton Construction Company; Burnett Construction Company and Burtex Con-
structors; Casey & Glass, Incorporated; and Lanphier Construction Company.
The foregoing bids were tabled for 48 hours as required by the City Charter and
referred to the City Manager for tabulation and recommendation.
Bids were opened and read on Hudson Acres - McNorton Area Sewer Extensions
serving Tuloso School & Celanese Plant Area, from the following firms: Burtex Constructors;
F .M. Thornton; Fowco Construction Company; Heldenfels Brothers; and Slovak Brothers.
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Regular Council Meeting
January 18, 1967
Page 2
The foregoing bids were tabled for 48 hours as required by the City Charter and
referred to the City Manager for tabulation and recommendation.
Bids were opened and read on Street Improvements for Omaha Drive, Baldwin
Boulevard to State Highway 44, from the following firms: South Texas Construction Company;
Heldenfels Brothers; Asphalt Paving Company; King Construction Company; and Fowco Con-
struction Company.
The foregoing bids were tabled for 48 hours as required by the City Charter and
referred to the City Manager for tabulation and recommendation.
Bids were opened and read for the purpose of eight Transit Type Coaches for the
Bus System, from the following firms: The Flexible Company (Dallas); and GMC Truck &
Coach Division (Dallas).
The foregoing bids were tabled for 48 hours as required by the City Charter and
referred to the City Manager for tabulation and recommendation.
Mayor Furman called for the City Manager's Reports.
Motion by Jimenez, seconded by Dunne and passed that the City Manager's Reports
be accepted, and that the recommendations and requests be approved and granted as follows:
a. That the acceptance and final payment of Estimate No. 4, in the amount of
$15,960.33, representing the balance now due the Contractor, T. H. Lee, for completion
of Water Line Relocations, Unit II, for I . H. 37, be approved; and that a 4 -day extension
for completion be granted;
b. That acceptance and final payment of Estimate No. 17, in the amount of
$5,000, representing the balance now due the Contractor, Burtex Constructors and Burnett
Construction Company, for completion of construction of the Allison Sewage Treatment Plant,
be approved;
c. That the request of the Park and Recreation Department to sponsor the Ladies
City Open Golf Tournament at Oso Municipal Golf Course, April 3rd, through 7, 1967 be
granted, and that the green fees be waived for this event;
d. That the abandonment of a portion of a 20 -foot utility easement lying on the
South portion of Lot 58 and the North portion of Lot 1 of Lee Manor Subdivision, extending
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Regular Council Meeting
January 18, 1967
Page 3
from Chevy Chase Drive to the alley in Block 1, being all of said easement, save and except
the South 5 feet of Lot 58 and the Northern 5 feet of Lot 1, be authorized;
e. That the establishment of No Parking restrictions prohibiting the parking of
vehicles at any time on either side of South Staples Street between the West Right of Way
line of Everhart Road and the North Right of Way line of South Padre Island Drive, be
authorized;
f. That the authority to advertise for bids for an Oil and Gas Leases on 29
miscellaneous City -owned tracts of land, be granted;
g. That the Ordinance providing for the admisistration of the Compensation Plan
to all positions in the City Service, be amended by adding the position of City Petroleum
Superintendent;
i. That the application of Tepco Engineering Company, and Centennial Royalty
Company, for a supplemental permit to rework Atlantic Refining Company Well No. 41,
Rand Morgan Lease, Saxet Field, Nueces County, be granted as applied for.
THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958,
AS AMENDED, BY AMENDING CHAPTER 21, ARTICLE I, BY ADOPTING REGULATIONS
CONCERNING RIDERS OF MOTORCYCLES, MOTOR SCOOTERS OR MOTORIZED BICYCLES,
REQUIRING CERTAIN EQUIPMENT TO BE USED BY THE DRIVERS OF SUCH MOTORIZED
VEHICLES; AMENDING CHAPTER 36, ARTICLE II, BY ADDING TO SECTION 36-91 A NEW
SUBPARAGRAPH TO BE NUMBERED (g), REQUIRING CERTAIN EQUIPMENT TO BE FURNISHED
BY PERSONS RENTING MOTORCYCLES, MOTOR SCOOTERS OR MOTORIZED BICYCLES;
PROVIDING FOR PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLI-
CATION.
Mr. Farrell M. Smith, Jr., attorney, representing local motorcycle rental firms,
appeared in opposition to the passage of the foregoing ordinance at this time, stating his clients
feel that the ordinance is premature; that they oppose the requirement that rental firms have
crash helmets available for rent with motorcycles; questioned the Council's legal authority
to pass an ordinance making its violation a crime any more than the wearing of seat belts in
automobiles; that his clients will be economically hurt; that the helmets are expensive; and
that the rental firms have not had enough time to equip their places of business with these
helmets. Mr. Smith conceded that a motorcycle rider with a crash helmet is better protected
than one without, but stated that the public has not been educated as to the value of the
helmets. He urged a delay of at least 6 months whereby operators, dealers and riders would
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Regular Council Meeting
January 18, 1967
Page 4
be able to voluntarily comply with the general idea that helmets should be worn, and proposed
the establishment of a training school for the purpose of improving motorcycle safety; explained
that owners and dealers would provide the necessary equipment, time, money and personnel
for the promotion of such a school, but stated they would need the cooperation of the Council .
Mr. Malcolm Vance, motorcycle dealer, opposed the provision of the ordinance
requiring helmets, stating that out of 3,000 rentals he made last year, only three riders were
involved in accidents, none involving head injuries, and that in each case it was the fault of
the car driver failing to yield right of way. Mr. Vance also favored a training school if
the cooperation of the Council could be had, stating that he feels better results would be
obtained.
Dr. James L. Barnard, former Mayor and current Vice Chairman of the Traffic
Safety Advisory Board, stated that this Board originally proposed passage of the ordinance in
question, and that it is one of several projects which the Traffic Board hopes to recommend in
an effort to reduce all types of accidents; that there is ampleprecedent for the ordinance since
the requirement that crash helmets be worn is state wide in several states. Dr. Barnard pointed
out that there have already been six fatalities in the City since the first of the year, and that
this City leads all other Texas Cities with comparable population in traffic deaths.
Mr. Mark Bratton, member of the Southside Rotary Club, appeared and stated that
this Club was interested in the passage of the ordinance as furtherance of the Club's safety
project; pointed out that there have been five traffic deaths on Ocean Drive that could have
been prevented had the riders been equipped with crash helmets; and that they are in complete
accord with the recommendation of the Traffic Safety Advisory Board.
Mr. Ralph Emmord, a member of the Southside Rotary Club and local motorcycle
dealer, replied to Mr. Smith's statement that "passage of a similar ordinance in San Antonio
had hurt dealers" and stated that he had checked four of the dealers recently and that they
had reported a slight loss at first, but had regained it later and are making extra money by
renting the crash helmets for one dollar. Mr. Emmord exhibited an approved type of helmet,
and stated he would sell it for the next 30 days at one dollar over their cost, or $16.00. Also
Mr. Emmord filed for record a letter signed by Mrs. James Ensminger, 4825 Monette, which
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Regular Council Meeting
January 18, 1967
Page 5
cited the case of her brother-in-law, involved in a minor auto -motorcycle accident in June of
1966, in which he received no broken bones and very few cuts and bruises, but received severe
brain damage and will never be normal again; that the doctors stated that if he had been wear-
ing a helmet, his injuries would have been minor, and stated that their whole family definitely
urges the passage of the proposed ordinance. (Council Exhibit #67-2)
Mr. Don Butterfield, member of the Vagabond Motorcycle Club, stated that his club
requires all members to wear crash helmets, adequate foot gear, and that they are planning to
launch a safe driving program for motorcyclists.
In rebuttal, Mr. Smith stated he wanted to again make it clear that his clients are
not opposed to safety measures; that they are vitally interested in a solution to the problem,
but that they are only asking for a chance to have time to comply with the law, inasmuch as
helmets will have to be ordered and that there is expense involved and a question as to how
many will be needed.
Motion by Jimenez, seconded by Sizemore and passed that the proposed ordinance
adopting regulations concerning riders of motorcycles, motor scooters or motorized bicycles,
be amended to provide for an effective date of February 1, 1967.
ORDINANCE NO. 8321
THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958,
AS AMENDED, BY AMENDING CHAPTER 21, ARTICLE I, BY ADOPTING REGULATIONS
CONCERNING RIDERS OF MOTORCYCLES, MOTOR SCOOTERS OR MOTORIZED BICYCLES,
REQUIRING CERTAIN EQUIPMENT TO BE USED BY THE DRIVERS OF SUCH MOTORIZED
VEHICLES; AMENDING CHAPTER 36, ARTICLE II, BY ADDING TO SECTION 36-91 A NEW
SUBPARAGRAPH TO BE NUMBERED (g), REQUIRING CERTAIN EQUIPMENT TO BE FURNISHED
BY PERSONS RENTING MOTORCYCLES, MOTOR SCOOTERS OR MOTORIZED BICYCLES;
PROVIDING FOR PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICA-
TION.
The foregoing ordinance was read for the third time and passed finally by the follow-
ing vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present
and voting "Aye".
ORDINANCE NO. 8322
RECEIVING AND ACCEPTING THE CONSTRUCTION OF WATER LINE RELOCATIONS, UNIT
II, FOR I.H. 37, AS PERFORMED BY THE CONTRACTOR, T. H. LEE, UNDER HIS CONTRACT
DATED AUGUST 3, 1966, AUTHORIZED BY ORDINANCE NO. 8121; AUTHORIZING PAY-
MENT OF FINAL ESTIMATE NO. 4, DATED JANUARY 9, 1967, IN THE AMOUNT OF
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Regular Council Meeting
January 18, 1967
Page 6
$15,960.33, A COPY OF WHICH IS ATTACHED HERETO AND MADE APART HEREOF, SAID
PAYMENT TO BE MADE FROM NO. 141 WATER CONSTRUCTION FUNDS PREVIOUSLY
APPROPRIATED; APPROVING A FOUR-DAY EXTENSION OF CONTRACT TIME FOR PROJECT
COMPLETION; AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by the follow-
ing vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore, and Wallace present
and voting "Aye".
ORDINANCE NO. 8323
RECEIVING AND ACCEPTING THE CONSTRUCTION OF THE ALLISON SEWAGE TREAT-
MENT PLANT, PROJECT NO. 250-64-36.3, AS PERFORMED BY THE CONTRACTORS,
BURTEX CONSTRUCTORS AND BURNETT CONSTRUCTION COMPANY, UNDER THEIR
CONTRACT DATED OCTOBER 21, 1964, AUTHORIZED BY ORDINANCE NO. 7392;
AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 17, DATED NOVEMBER 28, 1966,
IN THE AMOUNT OF $5,000, A COPY OF WHICH IS ATTACHED HERETO AND MADE A
PART HEREOF, SAID PAYMENTS TO BE MADE FROM NO. 250 SANITARY SEWER BOND
FUNDS PREVIOUSLY APPROPRIATED; PROVIDING THAT THE ONE-YEAR MAINTENANCE
GUARANTEE, AS SET FORTH IN THE CONTRACT, SHALL BECOME EFFECTIVE ON
JANUARY 18, 1967, THE DATE OF ACCEPTANCE OF THE PROJECT BY THE CITY; AND
DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by the follow-
ing vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and
voting "Aye" .
ORDINANCE NO. 8324
AMENDING SECTION 21-155 OF THE CORPUS CHRISTI CITY CODE, 1958, BY ADDING
THERETO ITEM 35, PROHIBITING THE PARKING OF VEHICLES AT ANY TIME ON EITHER
SIDE OF SOUTH STAPLES STREET, BETWEEN THE WEST RIGHT-OF-WAY LINE OF EVER -
HART ROAD AND THE NORTH RIGHT-OF-WAY LINE OF SOUTH PADRE ISLAND DRIVE,
IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; PROVIDING FOR PUBLI-
CATION; AND DECLARING AN EMERGENCY.
.The Charter rule was suspended and the foregoing ordinance was passed by the follow-
ing vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and
voting "Aye" .
ORDINANCE NO. 8325
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE
CITY OF CORPUS CHRISTI, TO EXECUTE AN INTERPRETATION AGREEMENT BETWEEN THE
CITY AND HERTZ CORPORATION MORE CLEARLY DEFINING THE TERM "GROSS INCOME",
A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF;
AND DECLARING AN EMERGENCY.
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Regular Council Meeting
January 18, 1967
Page 7
The Charter rule was suspended and the foregoing ordinance was passed by the follow-
ing vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and
voting "Aye" .
ORDINANCE NO. 8326
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE
CITY OF CORPUS CHRISTI, TO EXECUTE AN INTERPRETATION AGREEMENT BETWEEN
THE CITY AND NATIONAL CAR RENTALS OF CORPUS CHRISTI, INC., MORE CLEARLY
DEFINING THE TERM "GROSS INCOME A COPY OF SAID INTERPRETATION AGREE-
MENT BEING ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN
EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by the follow-
ing vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and
voting "Aye" .
ORDINANCE NO. 8327
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY
OF CORPUS CHRISTI, TO EXECUTE AN INTERPRETATION AGREEMENT BETWEEN THE CITY
OF CORPUS CHRISTI AND COASTAL BEND RENT -A -CAR, INC., MORE CLEARLY DEFINING
THE TERM "GROSS INCOME", A COPY OF SAID AGREEMENT BEING ATTACHED HERETO
AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by the follow-
ing vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and
voting "Aye" .
ORDINANCE NO. 8328
AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE ADOPTING AND PROVIDING
FOR THE ADMINISTRATION OF THE COMPENSATION PLAN TO ALL POSITIONS IN THE
CITY SERVICE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; CONTAINING
A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE", BEING ORDINANCE
NO. 3656, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 10TH DAY OF
FEBRUARY, 1954, AS AMENDED, BY AMENDING SUBSECTION (E) OF SECTION 1, BY
ADDING A NEW POSITION, TO -WIT: "CITY PETROLEUM SUPERINTENDENT";PROVIDING AN
EFFECTIVE DATE; PROVIDING ASAVINGSCLAUSE;ANDDECLARINGAN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by the follow-
ing vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and
voting "Aye" .
ORDINANCE NO. 8329
DECLARING ABANDONED A PORTION OF THAT 20 -FOOT UTILITY EASEMENT LYING ON
THE SOUTH PORTION OF LOT 58 AND THE NORTH PORTION OF LOT 1 OF LEE MANOR
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Regular Council Meeting
January 18, 1967
Page 8
SUBDIVISION., EXTENDING FROM CHEVY CHASE DRIVE TO THE ALLEY IN BLOCK 1,
AND RECORDED IN VOL. 437, AT PAGES 241 and 243, DEED RECORDS OF NUECES
COUNTY, TEXAS, THE PORTION HEREBY ABANDONED BEING ALL OF SAID EASEMENT,
SAVE AND EXCEPT THE SOUTH 5 FEET OF LOT 58 AND THE NORTHERN 5 FEET OF LOT
1, ALL AS MORE FULLY DESCRIBED ON THE PLAT ATTACHED HERETO AND MADE A
PART HEREOF; AND DECLARBNG AN EMERGENCY,
The Charter rule was suspended and the foregoing ordinance was passed by the follow-
ing vote: Furman, Blackmon„ Donne, Jimenez, .McDaniel, Sizemore and Wallace present and
voting "Aye"
Mrs, Soledad T, Vda de Hernandez, president of Club de la Victoria, appeared
and presented a petition signed by 240 persons asking the City to build a stage and dance
area in the west side of the City for recreational uses. Mrs. Hernandez stated that they were
asking for a facility about the size of the one on the T -Head; that it need not be enclosed
and could be built of lumber; and stated that there is adequate park area available in the
westside areas for the construction of the facility, and that it would be used to celebrate
Mexican festivals, etc, (Petition #67-1)
Mayor Furman stated the foregoing petition would be referred to the City Manager
for further study and recommendation
Mr. Tony Bonilla, attorney, appeared and requested that the Council take steps to
prohibit the sale of deadly weapons to teenagers, Mr. Bonilla reminded the Council of his
letter submitted some time ago requesting that an ordinance be passed prohibiting the sale of
certain types of glue to persons under the age of 17. He further stated that glue sniffing is
becoming a serious problem in Junior High Schools; that the City of San Antonio had passed
a similar ordinance which had reduced the incidence of glue sniffing.
Mayor Furman expressed deep concern in connection with the above requests,
stated both items are pertinent, serious, and in the public interest, and appointed Commissioners
Jimenez and Dunne to work with Mr. Bonilla to study and gather data possibly leading to
ordinances to control the sale of deadly weapons and glue, which is used for sniffing, to
teenagers
Mr. Tom Hunt, operator of a local insurance agency, appeared and requested that
policemen be instructed to send copies of traffic violation tickets to parents of persons under
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Regular Council Meeting
January 18, 1967
Page 9
the age of 19 o He stated that a similar practice is in effect in the City of Austin; that some
teenagers involved in traffic violations pay the fines from their allowances or other income
without the knowledge of the parents; stated that parents would be interested in knowing
when their teenagers are cited for traffic violations. He further stated that when new insurance
rates go into effect this fall with penalties for traffic offences, some parents will be in for a
"rude awakening"
May,g Furman asked City Manager Whitney to include discussion of the foregoing
item on the Workshop agenda.
Mayor Furman announced the Council would now hold the scheduled public hearing
on Assessments for Improvements on Doddridge Street from Topeka Street to South Staples,
explained the procedure to be followed, and stated that Assistant City Attorney TomMcDowell
would conduct the public hearing.
Mr. McDowell explained the purpose of the public hearing and stated that the Staff
would offer testimony from the City Engineer and evaluation testimony from a real estate
appraiser to substantiate the assessments which appear on the Preliminary Assessment Roll,
and that the hearing was to form a basis on which the Council, acting as a legislative body,
would determine or establish the assessments on the abutting properties.
Mr. James K . Lontos, City Engineer, presented plans for the street improvements;
testified to the nature, extent and specifications of the proposed improvements on file in the
office of the Public Works Department; the amount of cost to be borne by the City, and the
amount to be assessed against the abutting property owners; the manner in which such pro rata
share was computed; and explained that these assessment rates are based on 80% of the unit
bid price applied to the front footage being assessed; that all rates on the assessment roll show
adjustments for existing improvements,side lots and lots backing up to the street being
improved; that the total contract bid price is $87,801 .10; that the total amount of assessments
to property owners is $4,764.62; and that the total cost to the City is $83,036.48.
Bill Roberts, City Right of Way Coordinator, testified as to his background and
experience which he felt qualified him as a real estate appraiser for all types of properties
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Regular Council Meeting
January 18, 1967
Page 10
in this City; testified that he had personally viewed and understood the extent and specifica-
tions of the proposed improvements; that he had personally viewed within the past week the
preliminary assessment roll and each of the properties to be assessed; and that in his opinion,
each of the properties so assessed would be enhanced in value at least to the extent of the
proposed assessments.
The following persons appeared in connection with the foregoing paving project:
Item #1, Orville B. Moon - Mrs. Orville B. Moon appeared opposing the improve-
ments, and stated that this was the third time the street had been paved and the first time there
had been an assessment levied; that 16 years ago when the street was lowered and widened,
nothing was said about curbs, gutters and sidewalks. Mrs. Moon, speaking on behalf of her
husband, Dr. Moon, stated they were not happy with the construction of the concrete island
in the middle of the street which prevents left hand turns into their driveway.
Item #3, Mr. Morris E . White, stated that he was present to speak for himself as
owner of Lot 5, but that he spoke the sentiments of Charles G. Allard, owner of Lot 6, and
Dr. C. Conklin, owner of Lot 4; stated that in 1963 the property was replotted after it was
purchased from a church, and that he was then told this strip of land was dedicated to the City;
that he does not oppose any good improvements, but is voicing his opposition on the basis that
the owners of these three lots feel there should not be an assessment levied on property which
was donated to the City.
Item #5, Mrs. Ruth Parr Sparks, et al - Miss Josephine Sparks appeared and spoke
heartily in favor of the improvements as proposed, and commended Mr. Whitney and the Staff
for their cooperation in working out the difficult problems in connection with the Village
Addition.
Motion by Jimenez, seconded by Dunne and passed that the hearing be closed .
Motion by Jimenez, seconded by Blackmon and passed that the Assessment Roll on
the improvement of Doddridge Street from Topeka to South Staples, be approved as presented.
There being no further business to come before the Council, the meeting was
adjourned .