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HomeMy WebLinkAboutMinutes City Council - 06/06/1973• • MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING June 6, 1973 3:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Rev. Harold T. Branch Ricardo Gonzalez Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring Mayor Jason Luby called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Reverend Wm. Benner, Associate Pastor of the First Presbyterian Church. City Secretary T. Ray Kring called the roll of those in attendance. Mayor Luby proclaimed the week of June 2 through 10, 1973, as TENNIS WEEK in the City of Corpus Christi. Mayor Luby called for the opening of bids and Assistant Director of Finance Charles Daley opened and read bids for the City Depository from the following: Corpus Christi Bank & Trust Company, and Corpus Christi State National Bank. The foregoing bids were tabled for 48 hours pursuant to the require- ments of the City Charter and referred to the City Manager for tabulation and recommendation. Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented requests and recommendations with related comments and explana- tions, as follows: a. That public hearings be held on Wednesday, July 11, 1973 at 4:00 p.m. on the following zoning applications: (1) M. T. Toness - "R -IA" of McArdle Road, east (2) (3) Nueces County - "R -1B" Trojan Drive and South Expressway. to "A-1", located on the south side of Rodd Field Road. to "AB" and "I-3", located between Padre Island Drive, west of Crosstown Charles E. Jacobs - "R -1B" to "B-4", located on the east side of State Highway 77 between Hearn and UpRiver Roads. b. That bids be received on June 22, 1973 for the sale of City -owned surplus properties described as (1) Lot 1, Block 2, Water Beach (200 No. Laguna); and (2) Lot 2, Block 10, Hopper Addition No. 2 (Weber Parkway & Herndon). The • Minutes Regular Council Meeting June 6, 1973 Page 2 Laguna Station property is an abandoned sewage lift station which has been demolished. The parcel is 50' x 50' and abuts a 20' alley midway between Water Street and West Shoreline. The Weber Parkway property is the last portion of land which was origin- ally acquired to extend Doddridge or Weber to Brawner Parkway. This plan was abandoned several years ago and the other parcels involved have been sold. This property was previously advertised but no satisfactory bids were received. c. That authority be granted to receive bids on Traffic Control Maintenance Equipment at 11:00 a.m., Tuesday, June 26, 1973, for warehouse stock. Funds are available in the 1972-73 Budget for this equipment. d. That a contract be awarded to PLEXCO, Corpus Christi, Texas, for coating & wrapping of 280,000 feet of various sizes of bare steel pipe on the basis of the only bid received of $34,932.00. The price shows an increase of 3.47 over prices previously paid. (Bid Tabulation #25-73) e. That a contract be awarded to Gensco, Inc., Uvalde, Texas, for 280,000 feet of bare steel pipe of various sizes on the basis of low bid of $202,331. This price reflects an overall increase of 35.97 over prices previously paid. Resources are available in the Stores Fund for later resale to Gas Fund 106, Code 248. Bids were received from three bidders. (Bid Tabulation #26-73) f. That the City Manager be authorized to execute a reassignment agree- ment to transfer the lease of Al Krakow, dba Corpus Christi Aviation, to Gary R. Levitz of Dallas, Texas. Mr. Levitz has acquired the property and is financially responsibile to assume the obligations. Previous owners were unable to continue in business. The Airport Advisory Board recommends approval of the lease assignment. g. That the City Manager be authorized to execute an Assignment of Lease from Mr. Curran Garrett to "Oso Turf Farms, Inc." for 16.85 acres of land at the Oso Sewage Treatment Plant for a turfgrass nursery. Mr. Garrett has formed a new corporation to operate the nursery. h. That the City Manager be authorized to accept dedication for use of the public portions of Roots and Branch Streets in Treyway Village in Lot 28, Block 2, Gulfway-Airline Park. These streets are long dead ends with cul-de-sacs and have been built to City standards except for speed -retarding bumps which will be maintained by and be the responsibility of the Housing Authority. • • Minutes Regular Council Meeting June 6, 1973 Page 3 i. That the H.E.B. Tennis Center Court Repairs as constructed by Casey & Glass be accepted and final payment of $7,805.41 be made to the contractor. The contractor overran the contract time of 40 working days by 7 days. It is requested that a 7 -day extension be granted due to delays caused by the use of the courts at the time of construction. j. That Contract III of the Flour Bluff Sanitary Sewer Collectors be accepted and final payment of $36,654.55 be made to the contractor, Heldenfels Brothers. The project was 50% financed by the Department of Housing and Urban Development. It has been completed in accordance with the plans and specifications and within the specified contract time. This completes the $700,000 1970 Bond Election Flour Bluff Sewer Improvements with HUD assistance. $1,004,828 of improve- ments have been built, not including engineering and other costs. k. That $133.15 be appropriated to supplement previous appropriations for the contract with Asphalt Paving & Construction Company for Hudson Acres Park Improvements. This project was accepted by Council action May 16, 1973. The original appropriation was $133.15 short due to a change order which added a drive- way crossing made necessary by the construction of a drainage ditch along the road. 1. That a $3,675 Change Order be approved for the Norton Street Storm Sewer Improvement Project for (1) lowering a 54" reinforced concrete pipe to avoid a waterline, (2) an additional manhole, (3) compensation for extra depth of an existing manhole, and (4) construction of a junction box to better tie to the existing storm sewer. An appropriation of $3,675 is requested. m. That a $58,000 supplemental appropriation be approved in the Gas Fund to provide resources to pay the increased cost of gas resulting from the cold winter. Recently revised estimates indicated that revenues will be at least $300,000 over the original budget estimate, thus providing the income to support the requested appropriation. n. That the resolution authorizing the City Attorney to file action in County and District Courts to stop or fine air pollution violations be amended before the second reading to change "and" to "or" so that it is clear that enforce- ment efforts can be through civil penalties (money) or by injunction. The City's responsibility and authority for enforcement is limited to the area within the city limits. Prosecution outside the City is the responsibility of the County Minutes Regular Council Meeting June 6, 1973 page 4 Attorney even though one staff does the enforcement in both areas. The resolution was read for the first time May 16,1973. o. That head -in parking be changed to parallel parking on the west side of South Port Avenue between Mary and Marguerite Streets. The Traffic Safety Advisory Board discussed this recommendation at two board meetings and six members personally observed the block at various times. They then concurred. Accidents at the intersection of Mary and Port and the fact that parked vehicles extend into a moving traffic lane caused the recommendation. p. That an additional $1200 be appropriated for purchase of two .7 -acre tracts abutting Highway 9 for right of way for the new 48" water line project: The owners of the two tracts are Mr. I. W. Shaffer and Ms. Ila Noakes. The total costs are $3,600 for the Shaffer tract and $3,100 for the Noakes tract. The original appraisals were $2,300 and $2,280. The Commissioner's awards were $2,500 and $3,000, including improvement removal costs on the Shaffer tract. The settlement recommendation recognizes increasing land values and other factors. q. That an ordinance be passed amending the Revenue Sharing Budget for the first entitlement period by appropriating out of the estimated interest income the amount of $16,573 for the following programs: (1) $4,752 for payment to the Corpus Christi Independent. School District for use of the District's facilities for, summer recrea- tion programs. (2) $5,172 for additional costs incurred in the Police -Community Relations Program, such as salary increases. No federal money is available to match these cost increases. (3) $4,058 for the purchase of a power rescue tool for the Fire Department to be used in coordination with emergency ambulance service. (4) $2,591 to be used in addition to a previous appropriation to purchase mobile radio units to equip the six ambulances being purchased to establish a public ambulance service. r. That Council authority be granted to receive bids at 11:00 a.m., Tuesday, June 26, 1973 for the purchase of a Power Rescue Tool for the Fire Department. Funds have been made available from General Revenue Sharing, Activity 3371, Code 506. s. That the firm of McGinnis, Lockridge, and Kilgore be employed to represent the City in matters pertaining to the City's gas supply contracts and in particular, the pending case before the Railroad Commission. An initial amount • Minutes Regular Council Meeting June 6, 1973 Page 5 of $5,000 for services provided will be billed on an hourly basis. Additional cost will be after Council approval, This firm successfully represented the City when the right to operate charter buses was challenged several years ago. t. That Mr. Tom Valentine, architect, be selected to carry out planning studies regarding the expansion of City Hall. The Planning Commission has requested these studies to assist in preparing a capital improvement program to meet the space needs for various City offices. Approval of a specific contract and a request for an appropriation from the second entitlement revenue sharing will be submitted within a few weeks if this recommendation is approved. Motion by Lozano, seconded by Acuff and passed, that the foregoing City Manager's Reports be accepted, and the requests and recommendations, Items "a" through "t" be approved and granted as presented by City Manager Townsend. ORDINANCE NO, 11506 THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A FIVE-YEAR LEASE AGREEMENT WITH F. J. GRAHAM FOR THE USE OF CERTAIN SPACE ON THE L -HEAD FOR BAIT STAND, ALL AS MORE FULLY SET OUT IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Branch, Lozano and Stark, present and voting "Aye", SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICUTARLY AMENDING SECTION 21-155, SCHEDULE III, "PARKING PRO- HIBITED AT ALL TIMES ON CERTAIN STREETS", BY ADDING THERETO AN ITEM WHICH WILL HAVE THE EFFECT OF PROHIBITING PARKING AT ALL TIMES ON THE NORTH SIDE OF PADRE STREET, FOR A DISTANCE OF TWO HUNDRED (200) FEET EAST FROM THE INTERSECTION OF WINNEBAGO STREET; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". Motion by Acuff, seconded by Branch and passed, that the following resolution passed on first reading on May 16, 1973, be amended before its second reading, by changing the word "and" found on line 4, Section 1 thereof, between the words "V.A.C.S." and "to" to the word "or". SECOND READING OF A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO PURSUE THE REMEDIES AVAILABLE TO THE CITY UNDER ARTICLE 4477-5, V.A.C.S., TEXAS CLEAN AIR ACT, FOR THE PREVENTION OF VIOLATIONS OF SAID AIR CONTROL ACT, ALL IN ACCORDANCE WITH ORDINANCE NO. 9635, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 4TH DAY OF FEBRUARY, 1970; DIRECTING THE CITY SECRETARY TO FURNISH A COPY OF THIS RESOLUTION TO THE AIR CONTROL BOARD AND ATTORNEY GENERAL; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY. • Minutes Regular Council Meeting June 6, 1973 Page 6 The foregoing resolution was read for the second time and passed to its third reading as amended, by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE AMENDING SECTION 21-97 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO ADD TO THE LIST OF STREETS UNDER SUBSECTION (b) THEREOF THE NAME OF SOUTH PORT AVENUE, THE WEST SIDE OF THE 500 BLOCK THEREOF, RELATING TO PARALLEL PARKING WITHIN THE CITY OF CORPUS CHRISTI; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11507 APPROPRIATING OUT OF NO. 106 GAS FUND, UNAPPROPRIATED SURPLUS, $58,000 FOR THE PURCHASE OF NATURAL GAS; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11508 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN ASSUMPTION OF LEASE AND CONSENT TO ASSIGNMENT OF A LEASE AGREEMENT WITH CURRAN L GARRETT TO OSO TURF FARMS, INC., COVERING A TRACT OF LAND LOCATED AT THE OSO SEWAGE TREATMENT PLANT, FOR THE PURPOSE OF OPERATING A TURFGRASS NURSERY, AS MORE FULLY SET FORTH IN THE ASSIGNMENT OF LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11509 APPROPRIATING OUT OF NO. 291 PARK BOND FUND $133.15 TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10849, SO AS TO PROVIDE ADDITIONAL SUMS FOR THE CONSTRUCTION CONTRACT BY ASPHALT PAVING & CONSTRUCTION COMPANY FOR HUDSON ACRES PARK IMPROVEMENTS, PROJECT NO. 291-70-10.2; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, preset and voting "Aye". ORDINANCE NO. 11510 AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 1 TO THE CONTRACT WITH SLOVAK BROTHERS FOR CONSTRUCTION OF NORTON STREET STORM SEWER IMPROVEMENTS; APPROPRIAT- ING OUT OF NO. 296 STORM SEWER BOND FUND $3,675 FOR SAID CHANGE ORDER, APPLICABLE TO PROJECT NO. 296-70-4, H.U.D. PROJECT NO. WS -TX -06-59-102E; DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". Minutes Regular Council Meeting June 6, 1973 Page 7 ORDINANCE NO, 11511 • AMENDING THE REVENUE SHARING BUDGET FOR THE FIRST ENTITLEMENT PERIOD, ADOPTED BY ORDINANCE NO. 11309, AND AMENDED BY ORDINANCE NO. 11414, BY APPROPRIATING FROM THE INTEREST EARNED ON THE FIRST ENTITLEMENT PERIOD CHECK $4,752 APPLICABLE TO ACTIVITY NO. 121-4132, CODE 332; $5,172 APPLICABLE TO ACTIVITY NO, 121-3320; AND $6,649 APPLICABLE TO ACTIVITY NO. 121-3349, CODE 503; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO, 11512 APPROPRIATING OUT OF NO. 202 WATER FUND THE SUM OF $1200 FOR SETTLEMENT IN CAUSE NO, 643, CITY OF CORPUS CHRISTI VS. I. W. SHAFFER, AND CAUSE NO. 645, CITY OF CORPUS CHRISTI VS. ILA NOAKES, PARCELS 13 AND 12, RESPECTIVELY, GREENWAY WATER- LINE PROJECT NO. 202-68-29.1; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11513 AUTHORIZING THE CITY MANAGER TO ACCEPT DEDICATION FOR USE BY THE PUBLIC OF POR- TIONS OF ROOTS AND BRANCH STREETS, SITUATED IN LOT 28, BLOCK 2, GULFWAY-AIRLINE PARK, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND AUTHORIZING THE EXECUTION OF DEDICATION AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT AND APPROVE AN AMENDMENT OF ASSIGNMENT AGREEMENT BETWEEN THE CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AND AL KRAKOW DBA CORPUS CHRISTI AVIATION, AND STONEWALL NATIONAL BANK, ET AL, TO GARY R. LEVITZ, COVERING A COMMERCIAL HANGAR AND FIXED BASE AVIATION LEASE PLOT ON rORPUS CHRISTI INTER- NATIONAL AIRPORT SITE, AS SHOWN AND MORE PARTICULARLY DESCRIBED IN THE AMEND- MENT OF ASSIGNMENT AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". Members of the Council questioned two ordinances which had been placed on the agenda at the request of Mayor Luby relative to his request that the ordinance creating the position of Assistant City Secretary (Administrative Assistant to the Mayor) and the ordi- nance amending the budget to reflect the change. City Manager Townsend indicated he had not been aware that the ordinances had been listed for consideration. City Secretary • • Minutes Regular Council Meeting June 6, 1973 Page 8 Kring explained that in view of the emergency notice which had been posted, and on instruc- tions from the Mayor, he had listed the two items on the agenda. The subject of emergency items being placed on the agenda was discussed by the Council, and City Attorney Riggs stated that so far as any action taken on emergency items not falling within the legal three -days notice for posting, regulations would have to be determined by the entire Council. City Manager Townsend explained that it is standard procedure for any member of the Council, or the Mayor, wishing to have an item placed on the agenda, that it should be in his office by 5:00 p.m. on the Friday preceding the next meeting date, and that anything requested of an emergency nature not anticipated on Friday, would have to be agreed to by a majority of the Council that it was, in fact, an emergency. Motion by Ricardo Gonzalez, seconded by Branch and passed, with Acuff and Luby voting "Nay", that the ordinances relative to repealing the ordinance creating the position of Assistant City Secretary and ordinance amending the budget to reflect the change, be tabled for further consideration. Motion by Branch, seconded by Stark and passed, that a policy be established whereby the agenda prepared by the City Manager and forwarded to members of the Council on Friday, would be the agenda to be considered for the Wednesday meeting. Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. Mr, Joe Tanner, 4830 Karchmer, urged the Council to support the Mayor's posi- tion to abolish the position of Assistant City Secretary, pointing out that the position was created for the benefit of the mayor and his desires in the matter should be respected; that Mayor Luby proposes to be a full time mayor and it would save the City thousands of dollars, and the Council should work together for the betterment of the City. City Attorney Riggs discussed legal questions relative to appointment of the City Secretary and assistants and read from Article 2, Section 26, of the City Charter which states that the Council "shall appoint the City Secretary and Assistants, if any..." It was pointed out that a full time Mayor is not provided for in the Charter and would require an election to amend to include that provision. • • Minutes Regular Council Meeting June 6, 1973 Page 9 Mr. Guy Winstead, 917 Airline, appeared and reminded the Council that the NOW Party had promised during their campaign to cut out all "dead wood" and reduce the cost of government. He stated that this could be done now by supporting the Mayor's proposal regarding abolishing the position of Assistant City Secretary. Mr. Paul Vogler commended the Council and City Staff for taking necessary steps to correct drainage problems and street repair on Omaha Drive, stating the repair had elimi- nated a serious safety and health hazard. Mrs. Billie Chandler, 125 Chandler Lane, appeared and appealed to the Council to take immediate action to correct a drainage problem which she stated caused severe dam- age to her museum project which she is building at her own expense on South Staples Street. She stated that recent flooding had damaged her collection of books and Japanese museum items up to $40,000. She stated the flooding was coming from Marguerite Street and requested that that street be lowered, that junk be removed, drain ditches cleaned, and new ones constructed. She invited the Council to the area to view the situation for them- selves. Mayor Luby promised that everything possible would be done to alleviate the problem. Reverend Elliott Grant, 1109 Waco Street, urged the Council to try and find some way of working together in unity and harmony for the betterment of the community instead of "nit picking" over unimportant matters, pointing out that a divided Council would result in a divided community, and if this continued the City would nor prosper and grow. He commented that, from what he could observe, some actions had been taken for accomplishing certain things without discussing them with the entire Council, and this policy does not make a democracy in government. Mayor Luby announced the public hearing on assessments for construction of Columbia Street from Lolita to Bloomington Street scheduled For 4:00 p.m. City Manager Townsend explained the purpose of the hearing and the procedure to be followed, stating that abutting property owners or those claiming any interest in said proceedings may appear to be heard in person or by counsel and offer evidence concerning any matter connected with the improvements or assessments. He stated the Director of • Minutes Regular Council Meeting June 6, 1973 Page 10 Engineering Services would present plans and specifications of the project and Assistant City Attorney Michael May would conduct the hearing. Assistant City Attorney May stated the purpose of this hearing was to comply with the statutes regarding paving assessments; that testimony would be heard from the Director of Engineering Services, and evaluation testimony from a real estate appraiser to substantiate the assessments which appear on the assessment roll, and that this hearing is to form a basis on which the Council, acting as a legislative body, would determine or establish the assess- ments on the abutting properties. Director of Engineering Services James K. Lontos was interrogated as to his identity, occupation, time of residence in the City, formal qualifications and familiarity with the subject project. He presented plans for the proposed improvements, explained the nature, extent and specifications, and pointed out the locations on the map, stating that the streets involved Columbia Drive, from the south right-of-way line of Lolila Street to the north right-of-way line of Bloomington Street; that three months ago a public hearing was held on the assessments of the Horne Road project, Unit 1, and the question of extending the improvements to cover the portion of Columbia Street from Lolita to Bloomington was brought up, and it was recommended that this portion of Columbia Street be constructed as part of that Project by Change Order. He stated the assessment rates have been calculated in accordance with the City's assessment policy using the unit bid prices as submitted by Burtex Constructors, the low bidder on the Horne Road Project; that the total contract price is $25,661 .55; total estimated assessments are $5,883.97, and total City's portion is $19,777.58. He explained that all necessary drainage and appurtenances to properly drain this street ore included in this project. Members of the audience were given an opportunity to question Mr. Lontos rela- tive to the plans and specifications. Mr. Harold Carr testified as to his identity as a real estate appraiser, time of residence in the City, occupatipn, experience as an appraiser of all types of real estate, residential, commercial, vacant and rural, his present occupation as a real estate broker, and familiarity with the subject project. He described the general area, and stated he had • Minutes Regular Council Meeting June 6, 1973 Page 11 personally examined each parcel of land and that each and every parcel would be enhanced in value as o result of the proposed improvements at least to the amount of the assessment, with the exception of the following: item #6, 4239 Columbia, Lot 1-A, Block 3, Laguna Acres. He stated the owner of this property has 181 feet of frontage on Columbia Street and has a depth of only 34 feet, and as a consequence, it would be impossible for him to receive as much benefit from these improvements as he would if his lot were 100 feet deep. He explained that by applying the depth factor to the assessment of $7.15 per front foot, he would recommend that this owner be assessed $4.16 per front foot, making a total of $752.96 for pavement, and a tote' of $298.65 for sidewalk paving. Item #5, 1237 Mendoza, Lot 23-B, Block 2, Laguna Acres. Mr. Carr stated this property sides up to Columbia Street for a distance of 50 feet, and in this case, his assess- ment should be treated the same as the three preceding Items 2, 3, and 4, which would make the assessment for curbs, and gutters $237.50 and for sidewalk and paving, $114.00, making a total of $351.50 instead of the $177.Q0 shown on the preliminary assessment roll. He pointed out that the adjustment is recommended because the property fronts on Columbia and sides on Mendosa. Persons in the audience were given the opportunity to address the Council stating their objections, if any, to the assessments. Mr. Eudias Dominguez (Item #6) spoke to the Council in Spanish. Commissioner Lozano translated his comments, stating that Mr. Dominguez has been ill for several years, hos been out of work most of the time, that his wife is also ill, and that he has absolutely no way to pay for the assessments. City Manager Townsend explained the provisions for paying the assessments, stat- ing that the policy of the enforcement is that it becomes a lien on the property; that no portion of the assessment is due until the work is finished; that collection falls on the Legal Department to work out a payment schedule on an agreed basis if there is, in fact, a hard- ship. He stated that the City has never been known to evict a property owner because of a paving lien. He stated a thorough check will be made of these properties to determine • • Minutes Regular Council Meeting June 6, 1973 Page 12 if they are side streets or front on. Columbia, and if they are side streets, the assessments will be something less than one-half the amount stated on the roll. No one else appeared to be heard in connection with the proposed street improve- ments. Motion by Lozano, seconded by, aranch and passed, that the hearing be closed and the recommended adjustments be token underadvisement. There being no further budness.to come before the Council, the meeting was adjourned of 4:55 p.m. Wednesday, ,June .6, 1973.