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
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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
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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.