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HomeMy WebLinkAboutMinutes City Council - 10/01/1975PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Commissioners: Eduardo de Ases Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward Sample City Hall. MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING` • October 1, 1975 2:00 P.M. Assistant City Manager Archie Walker Assistant City Attorney Bob Coffin City Secretary Bill G. Read Mayor Luby called the meeting to order in the Council Chamber of the The Invocation was given by Reverend L. J. Williams of the Church of God of Prophecy. City Secretary Bill G. Read called the roll of those in attendance and stated that there was a quorum of the Council and the necessary Garter Officers to have a legally constituted meeting. Motion by Sample, seconded by Tipton and passed, that the Minutes of the Regular Council Meeting of September 17, 1975 and Special Meeting of September 17, 1975 be approved as submitted to the Council. Mayor Luby announced the issuance of proclamations relative to the following: JUNIOR LEAGUE WEEK, October 5 through 11, 1975; EMPLOY THE HANDICAPPED WEEK, October 5 through 11, 1975; NAVY DAYS, October 6 through 12, 1975; and WORLD LIONS SERVICE WEEK, October 8 through 14, 1975. Commissioner de Ases introduced Ms. Esparza Wardlow, Executive Director of the Corpus Christi Economic Development Corporation, a nonprofit organization which aids minority businessmen in organizing their businesses and getting into the mainstream of economic life to the Council and audience. Ms. Wardlow made a _ew remarks to the Council regarding her work. Commissioner Lozano read from a letter addressed to the Sister City Committee concerning a visit by Mr. Ab Cock to Tampico, Mexico. Assistant City Manager Walker will prepare a letter on behalf of the Mayor and Council to be delivered to the Mayor of Tampico extending the best wishes of our city and expressing our continuing desire to strengthen our Sister City relationship with that city, and to 3ffer any assistance Mr. Cock may be able to give. Commissioner Tipton inquired about plans for the coffee shop downstairs. The Council agreed that a coffee shop which would serve sandwiches, etc. is badly needed. Assistant City Manager Walker stated that they have been trying for some time Minutes Regular Council Meeting October 1, 1975 Page 2 to secure a contract for the concession and are working toward that at the present time. He said he hoped that he could have a progress report within two weeks. Mayor Luby called for the City Manager's Reports and Assistant City Manager Walker presented requests and recommendations with related comments and explanations as follows: a. Recommendation that bids be received Tuesday, October 21, 1975 at 11:00 a.m. for the following budgeted items: (1) A specific ion meter for the Health Department laboratory to analyze the presence of ammonia, cyanide, flouride in and the pH of water. , The equipment will be used in the testing program being carried out under contract with the Texas Water Quality Board. (2) An air -operated heavy duty grease pump for the Landfill to replace hand grease guns now used to lubricate heavy equipment. Lubricating time will be substantially decreased. b. Recommendation that an organic carbon analyzer with 10" recorder for the Health Department be purchased from Beckman Industries, Houston, for the low bid of $7,342 to test for pollutants in water and wastewater. The equipment will also be used in support of the contract with the Texas Water Quality Board. c. Recommendation that 4 -month contracts be awarded to the following firms for automotive parts for the Service Center, Fire Department and Transit Division garages: Off Estimated Price List Amount Jobbers Warehouse, Corpus Christi Chassis and clutch parts, universal joints, wire sets and switches 107. $ 5,400 Motor Parts, Corpus Christi Beam lamps Net 1,350 Exhaust system part 6% 3,000 Brake parts, hose clamps, fuel pumps, reflectors, mirrors and lens 107 5,550 Bearings and seals 5% 700 Alphin Supply, Corpus Christi Alternators, starters and water pumps Net 4,600 Hollis Neese, Corpus Christi Rubber products and wiper blades Net 2,100 S. X. Callahan, Corpus Christi Shock absorbers 10% 1,800 Motor Parts or Jobbers Warehouse Caps and thermostats 107. 170 (Tie -award to be determined by casting lots) $24,670 It is estimated that a 57 savings will be realized by awarding contracts for these items as opposed to buying by competitive bid on the open market as needed as has been previously done. Bids were received from 7 firms. d. Recommendation that authority be granted to execute a 6 month mineral tes Lar Council Meeting ober 1, 1975 Page 3 lease underlying a 65.5 acre City tract adjacent to Lake Corpus Christi with Major Energy Company, Inc., c/o Ronald L. Chachere, on the basis of only bid received of a cash bonus of $25.00 per acre, or $1,637.50 and a royalty of 3/16. The lease provides that: (1) The City has the option to acquire the gas at market value not to exceed $1.50 per MCF. (2) Any surface use be approved by the Lower Nueces River Water Supply District. (3) All City land drilling ordinance requirements be complied with. (4) Unitization of any portion will only hold the portion so unitized beyond the primary lease. e. Recommendation that a contract for 46 one way, three section, 8 -inch traffic signals be awarded to Eagle Signal Company, Davenport, Iowa for their low bid of $3,461.50. The signals will replace obsolete four way signals to increase safety and driver observance. Intersections to be improved include Ayers and Tarlton, Ayers and Blevins, Leopard and Nueces Bay, Kostoryz and Norton, and Old Robstown Road and Agnes. f. Recommendation that speed limits be increased from 30 to 35 mph on south- bound Shoreline from Park Avenue to Craig Street and on Horne Road from Ayers Street to Columbia. Shoreline Drive is now 35 mph along most of its distance. Horne Road has been recently widened to four lanes. Speed limits on other major thoroughfares are at least 35 mph. Speed zone studies were conducted on both streets. The Traffic Safety Advisory Board so recommends. g. Recommendation that Francesca St. be made one-way northbound between Chippewa and Ruth between the hours of 8:00 - 9:30 a.m. and 3:00 - 4:30 p.m. on school days to accommodate increased school traffic caused by parents dropping off and picking their children up at Zavala Elementary School. Notices were sent to 12 residents on the block with none expressing opposition. The Traffic Safety Advisory Board so recommends. h. Recommendation that all 30 -minute maximum time parking meters be changed to one hour maximum. There are about 30 parking meters in service that provide 15 minutes for 5c and 30 minutes for'10Q. The proposed change would allow 30 minutes for 5c and one hour for 10c. It is difficult to enforce 15-30 minute meters. The Central Business District Association concurs. The Traffic Safety Advisory Board so recommends. i. Recommendation that Mr. Edgar H. Moore and Mr. Jule H. Fels, developers of Crestmont Subdivision be reimbursed $7,117.48 for one half the cost of street and sidewalk improvements on Carroll Lane and Sides Drive which bound the dedicated park in Crestmont Subdivision after the subdivision has been completed. The Platting Ordinance provides that the City shall bear its share of street construction cost for streets which bound dedicated parks. Minutes Regular Council Meeting October 1, 1975 Page 4 j. Recommendation that values be approved for acquisition of two parcels for the expansion of Chiquito Park and $8,175.00 be appropriated from the community development grant, including $600.00 for contingencies and closing expenses. The two vacant parcels are located on Pueblo Street between Lou and Pine Streets. These two lots will complete the proposed expansion. k. Recommendation that a contract be authorized with the Corpus Christi Symphony for $12,000 as local match for an outreach program grant from the National Endowment of the Arts. The program includes small groups of orchestra members attending various community centers and junior high schools to explain their musical instruments and to perform. Two free public concerts will be givan, Handels Messiah, December 14, 1975, at 4:00 p.m. at the Coliseum and a concert, A,)ril 11, 1976, at 4:00 p.m. at the Bicentennial Ampitheater. Youth Concerts will also be given at Del Mar College. 1. Recommendation that a grant of $1,100 from The Texas American Revolution Bicentennial Commission be accepted. The grant and local money ($275 contributed by local banks) will cover rental fees and shipping charges for six exhibits reflecting the culture and events during early America. m. Recommendation that substitute judges of the Municipal Court be paid a daily stipend of $75.00 for day court and $50.00 for night court. The present stipend is $50.00 for both courts. Motion by Tipton, seconded by Sample and passed, that the City Manager's Reports be accepted, and Items "a" through "m" be granted, approved and adopted as presented by Assistant City Manager Walker. Assistant City Manager Walker presented ordinances with related explanations and comments as follows for the Council's consideration: FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY AMENDING SECTION 21-68, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, SO AS TO PROVIDE FOR SPEED LIMIT OF 35 MILES PER HOUR, AT ALL TIMES, ON A PORTION OF SOUTH SHORELINE BLVD., SOUTHBOUND LANES, FROM THE INTERSECTION OF PARK AVENUE TO THE NORTH CURB LINE OF CRAIG AVENUE, AND ON A PORTION OF HORNE ROAD, FROM AYERS STREET TO COLUMBIA DRIVE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". Minutes Regular Council Meeting October 1, 1975 Page 5 Motion by Lozano, seconded by Tipton and passed, that the ordinance relating to control of parcels of land on which exist weeds, vegetation, dead trees, dead branches on living trees, or other hazardous wastes or refuse, which constitutes a fire hazard, and providing for fire breaks, be amended prior to its third and final reading as follows: (Ord. #12826) 1. Adding to the caption the words, "DEFINING STRUCTURES;". 2. Adding a new Subsection A under Section 2, to hereafter read as follows: A. For the purpose of this ordinance "structure" means anything constructed or erected which requires loca- tion on the ground or is attached to something having a location on the ground but not including fences, advertising signs, billboards, poster boards or water storage facilities. 3. Renumbering the present Subsections A through D as Subsections B through E. 4. Amending Subsection B to hereafter read as follows: B. When the Fire Chief or his.designated representative determines that brush, grass or weeds existing on any real property constitutes a significant fire hazard to persons or property, he shall require that: (1) When a structure exists on the proderty adjacent to the property containing brush, grass or weeds and is within 250 feet of the common property line, a fire break shall be maintained on any portion of the property line within 250 feet of the structure. The fire break shall extend a minimum of 100 feet along the common property line Minutes Regular Council Meeting October 1, 1975 Page 6 on either side of a point nearest the structure or the entire length of the common property line if it is less than 200 feet in length. "Fire break," as used in paragraph (1) hereof, means a 50 -foot wide strip of land surface on which all brush, grass or weeds are maintained at a height of not more than 24 inches above the ground nor less than 3 inches above the ground, and all branching growth and leafy foliage 5 or less feet above the ground has been removed. (2) A fire break be maintained along the property line adjacent to a public right of way. As used in this paragraph (2), "fire break" means a 20 -foot wide strip of land surface on which all brush, grass or weeds are maintained at a height of not more than 24 inches above the ground nor less than 3 inches above the ground, and all branching growth and leafy foliage 5 or less feet above the ground has been removed. 5. Correcting in Subsection D the reference to "subsection B" rather than to"subsection A". 6. Correcting in Section E the reference to "subsections B and D" rather than to "subsections A and C." Motion passed unanimously. Minutes Regular Council Meeting October 1, 1975 Page 7 FIRST READING OF AN ORDINANCE AMENDING THE CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 21-153, SCHEDULE I, ONE-WAY STREETS AND ALLEYS, BY ADDING AN ITEM THERETO SO AS TO MAKE FRANCESCA STREET, FROM CHIPPEWA STREET TO RUTH STREET, ONE WAY BETWEEN THE HOURS OF 8:00 A.M. AND 9:30 A.M. AND 3:00 P.M. AND 4:30 P.M. DURING SCHOOL DAYS ONLY; PROVIDING FOR PUBLICATION; PROVIDING SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". FIRST READING OF AN ORDINANCE AMENDING SECTION 21-131 OF THE CORPUS CHRISTI CITY CODE, ENTITLED "PARKING METER ZONES ESTABLISHED", AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 12103, PASSED AND APPROVED ON JUNE 5, 1974, BY AMENDING SUBSECTION (e) OF SAID SECTION 21-131 TO HEREAFTER PROVIDE FOR PARKING LIMITED TO THIRTY MINUTES UPON THE DEPOSIT OF A FIVE -CENT COIN, AND ONE HOUR UPON THE DEPOSIT OF TWO FIVE -CENT COINS OR ONE DIME; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12826 THIRD READING OF AN ORDINANCE RELATING TO CONTROL OF PARCELS OF LAND WHEREON THERE EXISTS WEEDS OR VEGETATION, DEAD TREES, DEAD BRANCHES ON LIVING TREES, OR OTHER HAZARDOUS WASTES OR REFUSE, WHICH CONSTITUTES A FIRE HAZARD; DEFINING STRUCTURES; PROVIDING FOR FIRE BREAKS WHERE DEEMED NECESSARY BY THE FIRE CHIEF OR HIS DESIGNATED REPRESENTATIVE; PROVIDING FORA LIEN TO CLEAR THE PREMISES; PROVIDING FOR REMEDIES AT LAW OR IN EQUITY; PROVIDING FOR NOTICES TO THE PERSON HAVING CONTROL OF SUCH LAND OR THE OWNER; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND PROVIDING A PENALTY. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12827 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND MAJOR ENERGY COMPANY, INC., OF CORPUS CHRISTI FOR THE PURPOSE OF INVESTIGATING, EXPLORING, PROSPECTING, DRILLING AND MINING FOR AND PRODUCING OIL AND GAS BENEATH THE SURFACE OF THAT TRACT OR PARCEL OF LAND DESCRIBED AS 65.5 ACRES OF LAND BEING THE SAME LAND DESCRIBED INA CERTAIN DEED DATED AUGUST 14, 1934, FROM ARTHUR C. JONES TO THE CITY OF CORPUS CHRISTI, RECORDED IN VOLUME 105, AT PAGES 153-154 OF THE DEED RECORDS OF SAN PATRICIO COUNTY, TEXAS, OWNED BY THE CITY OF CORPUS CHRISTI, ADJACENT TO LAKE CORPUS CHRISTI, AND BEING FOR A TERM OF SIX MONTHS, COMMENCING WITH THE DATE OF EXECUTION OF THE SAID OIL AND GAS LEASE, A SUBSTANTIVE COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12828 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH EDGAR H. MOORE AND JULE H. PELS, A PARTNERSHIP, DEVELOPERS OF CRESTMONT SUBDIVISION WHEREBY THE CITY WILL REIM- BURSE THE DEVELOPERS FOR ONE-HALF THE COST TO CONSTRUCT STREET IMPROVEMENTS AROUND THE DEDICATED PARK IN CRESTMONT SUBDIVISION, ALL AS MORE FULLY SET FORTH IN THE AGREE- MENT, IN SUBSTANTIALLY 'iNE FORM ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; APPROPRIATING $7,117.48 OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S ESTIMATED SHARE OF COST APPLICABLE TO PROJECT NO. 220-72-24; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting October 1, 1975 Page 8 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12829 AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 3 AND 4, BLOCK 9, MEADOW PARK ADDITION, IN CONNECTION WITH THE CHIQUITO PARK PROJECT; APPROPRIATING OUT OF THE NUMBER 162 FEDERAL -STATE GRANT FUND, ACTIVITY 4732, CODE 501, $8,175, OF WHICH $7,575 IS FOR ACQUISITION AND $600 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES RELATED TO CLOSING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12830 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CORPUS CHRISTI SYMPHONY BY THE TERMS OF WHICH THE CITY OF CORPUS CHRISTI WILL PAY $12,000 AS LOCAL MATCHING FUNDS FOR AN OUTREACH PROGRAM FUNDED BY A GRANT FROM THE NATIONAL ENDOWMENT OF ARTS AS PROVIDED FOR IN THE 1975-76 BUDGET, AND ACCORDING TO THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12831 AUTHORIZING THE BICENTENNIAL COMMISSION TO RECEIVE A GRANT FROM THE TEXAS AMERICAN REVOLUTION BICENTENNIAL COMMISSION FOR $1,100 FOR THE SMITHSONIAN EXHIBITS AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE SMITHSONIAN INSTI- TUTION TRAVELING EXHIBITION SERVICE FOR THE BORROWING OF THE SAID EXHIBITS, A SUBSTANTIAL COPY OF SAID AGREEMENT AND APPLICATION BEING 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, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12832 AMENDING SECTION 13-6.1 OF THE CORPUS CHRISTI CITY CODE, AS AMENDED BY ORDINANCE NO. 11891, SO AS TO PROVIDE FOR DAILY STIPEND OF $75; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12833 APPOINTING JOSE GONZALEZ JUDGE OF MUNICIPAL COURT "C" IN CORPUS CHRISTI, TEXAS, BY NOMINATION OF THE MAYOR AND CONFIRMATION OF THE CITY COUNCIL; FIXING THE SALARY FOR SAID OFFICE; AND DECLARING AN EMERGENCY. minutes Regular Council Meeting October 1, 1975 Page 9 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12834 REPEALING ORDINANCE NO. 12810 PASSED AND APPROVED BY THE CITY COUNCIL ON SEPTEMBER 24, 1975; AMENDING ORDINANCE NO. 9472, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 11944, PASSED AND APPROVED ON MARCH 13, 1974, SO AS TO PROVIDE AN UNTREATED WATER RATE OF SEVEN CENTS (7p) PER THOUSAND GALLONS PER MONTH FOR ALL WATER CONSUMED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample', present and voting "Aye". City Secretary Read stated that according to his tabulation all ordinances voted upon had passed unanimously. Motion by Gill, seconded by Sample and passed unanimously, that the seven members of the Council and Albert B. McRae be appointed to the Executive Board of the Manpower Consortium. Motion by Tipton, seconded by Sample and passed unanimously, that the following be appointed to the Advisory Committee of the Manpower Consortium: Adan Alaniz, Jr.; Johnny Bilano, John Forehand, Douglas Williams, Dr. Clotilde Garcia, Jose L. Longoria, James D. Westley and Darrell C. McGonagill. Motion made, seconded, and passed, with four members voting "Aye", that the Council accept the Mayor's appointment of Guadalupe V. Garcia to the Municipal Arts Commission. Motion by de Ases, seconded by Sample and passed unanimously, that the Council confirm the Mayor's appointment of Dr. Ralph Gilchrist to the Museum Advisory Board. Motion by de Ases, seconded by Gulley and passed unanimously, that Robert D. Campbell be appointed to the Human Relations Commission. 0. J. Beck, Jr. and Eppy Gonzales were appointed to the Municipal Industrial Commission. The Council agreed to postpone until next week the appointments to the Tax Board of Equalization and the Building Standards and Housing Board of Appeals. Motion by Gill, seconded by Lozano and passed unanimously, that Mayor Luby be appointed Chairman of the Executive Board of the Manpower Consortium. The Council agreed to direct themselves to the question of appointment of the Chairman of the Advisory Committee of the Manpower Consortium at their next Executive Board Meeting. Minutes Regular Council Meeting October 1, 1975 Page 10 Mayor Luby announced the public hearing scheduled at 3:00 p.m. on the extension of, and the construction of, pavement, curb and gutter on Brownlee Boulevard sidewalk, South Staples Street to Cole Street, east side only; Blundell Drive, Southwesterly from Viola Avenue approximately 135 feet to existing street improvements; and Dodd Drive, Southwesterly from Viola Avenue approximately 135 feet to existing street improvements. Assistant City Manager Walker explained the procedure to be followed and stated that Assistant City Attorney Bob Coffin would conduct the hearing. Director of Engineering and Physical Development James K. Lontos testified as to his identity, occupation, and his familiarity with the subject project. He presented the plans and specifications, explained the nature and extent of the improvements, and pointed out on a map the location of the proposed improvements. He stated that Blundell Drive and Dodd Drive shall be improved by excavating to a width and depth to permit the construction of a standard curb and gutter section, 6" compacted subgrade, 8" compacted caliche base and 1" Type D hot -mix asphalt surface to a roadway width of 28' back to back of curb, and a 5' wide 4" thick reinforced sidewalk tied to back of curb along Brownlee Boulevard from South Staples Street to Cole Street (east side); that the assessment rates have been calculated /on the lowest unit bid price submitted by Asphalt Paving and Construction Company, Inc.; that based on this lowest bid price, the assessment rate would be $9.07 per linear foot for curb, gutter and pavement, and $1.20 per square foot for sidewalk, to be borne by the property owner; that the total contract price for all three projects was $22,428.60; assessments, $2,543.05; and the City's portion would be $19,885.55. Mr. Lontos stated that the property owners could pay this by cash or make up to 60 payments, or 120 payments in case of hardship, with a 5 1/4% rate of interest; and that the work is expected to start in 30 or 40 days after awarding of the contract and would be completed approximately 30 days from that time. Commissioner Lozano questioned the $9.07 per linear foot figure, since the Council had previously adopted a $4.75 rate. Mr. Lontos answered that he agreed, and that Mr. Carr will make a reccom- mendation as to the rate to be used during his testimony. This recommendation has been discussed and is agreeable with staff. Mr. Harold Carr testified as to his identity as a real estate appraiser of various types of real estate and his familiarity with the subject project. He stated that he had personally inspected each of the five properties involved in the hearing. Minutes Regular Council Meeting October 1, 1975 Page 11 Mr. Carr stated he concurred that the abutting propezty for the sidewalk improvements on Brownlee Boulevard would be enhanced in value as to the $732.00 assessment for Trammell -Crow Co. Mr. Carr stated that with regard to the other four items, the residences there are very modest and that the assessment, even applying the policy of the Council of $4.75, would probably be a rather heavy burden for those property owners. He suggested that this is still a case where the policy already formulated by the Council should be followed, i.e. not to exceed $4.75 per linear foot, which would thereby reduce the assessment on item 2, Wm. P. Riddick, to $218.03; on item 3 for A. Garcia to $237.26; on item 4 for Armando Avalos to $256.50; and on item 5 for Ruben Eureste to $237.60. Mr. Carr stated he believes those four properties will be enhanced in value at least to the extent of this assessment, and so recommends. There was no discussion from the audience. Motion by Gill, seconded by Lozano and passed, that the hearing be closed. Mr.' Richard Stone, attorney representing residents of zone 1, appeared before the Council with a petition from the audience requesting the Council to consider reducing tax rates for the year 1975 --either the tax rate or the percentage of assessment ratio based on the fact that the tax assessor-crllector has stated that he anticipated there would be added to the tax rolls from the program adopted by the Council to revalue properties in zones 2 and 3 using the same method used in zones 4 and 1 approximately $600,000 in new tax dollars. He stated that the Court did rule that the zone cycle system was unconstitutional; that the Plaintiffs suffered substantial injury; that they are petitioning on behalf of parties in zones 4 and 1 asking the Council to consider reducing tax rate or percentage, taking into account the new funds which the tax assessor - collector says the City will receive. Mr. Stone further stated that the Judge indicated he would allow the City to follow the program outlined in last Friday's meeting regarding the reevaluation and sending out the tax rolls in sections. Commissioner Gulley questioned that since their tax case was based on single-family dwellings, was Mr. Stone advocating now that the Council should reduce the taxes on everything including personal property and commercial property, or just single-family dwellings. Mr. Stone answered that the only way you could reduce th rate would be across the board; you couldn't apply it to one and,not the other; it couldn't legally be done. Commissioner de Ases inquired if the Judge had given the formal Order. Minutes Regular Council Meeting October 1, 1975 Page 12 Assistant City Attorney Bob Coffin replied that the Judge will sign the order tomorrow. The Council will take the above under advisement. The Regular Meeting was recessed at 3:30 p.m. to go into Special Meeting. The Regular Meeting was reconvened at 5:25 p.m. Motion by de Ases, seconded by Sample and passed, that the meeting be adjourned at 5:30 p.m., October 1, 1975.