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.