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HomeMy WebLinkAboutMinutes City Council - 01/25/1961PRESENT: Mayor Ellroy King Commissioners: Dr. James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. REGULAR COUNCIL MEETING January 25, 1961 2:00 P.M. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Ellroy King called the meeting to order. The Invocation was given by Commissioner Barnard in the absence of the invited Guest Chaplain. City Secretary Kring called the roll of those in attendance. Motion by Humble, seconded by Pat Dunne and passed that the minutes of the regular meeting of January 18, 1961, be approved. Mayor King announced the opening of bide. Bids were opened and read on the construction of Street Improvements on Chandler Lane from Santa Fe to Denver from the following: South Texas Con- struction Co.; L. P. Sholl; Lewis Fowler; King Construction Co.; H. D. Zachry Construction Co.; K. F. Hunt. Motion by Pat Dunne, seconded by Humble and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on the construction of Clifford Street and South Staples Street Intersection Improvement from the followings Lewis Fowler; Zachry Construction Co.; H & H Concrete Construction Co.; King Construction Co. Motion by Barnard, seconded by Lozano and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on Sanitary Sewer Relocations for Interstate Highway #37, Unit I, from the following: Raymond Dugat; W. R. Cook Air Condition- ing Co.; Lewis Fowler; Heldenfels Brothers. Motion by Humble, seconded by Joe Dunnu and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Regular Council Meeting January 25, 1961 Page #2 • Bids were opened and read on construction of Collier Park Swimming Pool and Appurtenances, which item had been deferred at last week's Council meeting, from the following: Braselton Construction Co.; R. S. Black; J. W. Bir- mingham; Price Construction Co.; Pascal Paddock; Burnett Construction Co.; H & H Concrete Construction Co. Motion by Lozano, seconded by Airheart and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on 31 items of Swimming Pool Equipment from the following: Alamo Iron Works; American Playground Device Co.; Masterson Dis- tributing Co.; Nueces Engineering Co.; Pascal P. Paddock, Inc.; SAMSCO; A. E. Stein Co.; The Everwear Mfg. Co., Inc.; Associated Tile & Gunite Co.; Tropical Swimming Pool Co. Motion by Pat Dunne, seconded by Humble and passed that the foregoing bids be tabled. for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on 16,000 lbs. of #1 White and Colored Wiping Rags from the following: C. C. Hardware Co.; Houston Waste & Fibre Mills; Phoenix Supply; SAMSCO; Sanitex Wiping Cloth; Southern Waste Material; Texas In- dustrial Laundries; Tropical Supply; Alamo Iron Works. Motion by Pat Dunne, seconded by Humble and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on an estimated 12 months° Tire requirements, consisting of 33 items of Tires and Tubes, from the foilowing: Crystal Tire Co.; General Tire Service; The B. F. Goodyear Service; Creager Tire & Battery Service; Moreman's; Firestone Stores; Seale Tire Co., Inc.; Lewis Boggus. Motion by Barnard, seconded by Pat Dunne and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. • Regular Council Meeting January 25, 1961 Page #3 Mayor King announced the next agenda item was appointments to Boards and Commissions. Motion by Barnard, seconded by Pat Dunne and passed that F. V. Man- sheim, Master Plumber, be re -appointed for a 2 -year term to the Examining & Super- vising Beard of Plumbers. Mayor King announced the Council would hear the City Manager's Reports. Motion by Barnard, seconded by Lozano and passed that the City Manager's recommendations and requests be approved and granted as follows: a. That acceptance and payment of final Estimate #1 to Austin Bridge Co., in the amount of $2159, in connection with Yacht Basin Piling, Pier Repairs & Reconstruction, be approved; b. That the contract for Rehabilitation of the Railroad Tracks be awarded on the basis of the low bid, concurred in by Harrington & Cortelyou, to W. H. Nichols & Company, in the amount of $78,853.10 for the track construction, subject to final approval of the U. S. Army Corps of Engineers, and that the ballast requirements be purchased from T. & N.O. Railroad, and that $92,650.00 be appropriated to cover the construction contract, ballast and legal advertising; c. That the sum of $4800.00 be appropriated to cover estimated engineering requirements for project completion in connection with design and supervision for Unit IV, Westside Sewer Trunk System; d. That the sum of $38,466.07 be appropriated to cover invoices for work done on authorized work according to the Primary Agreement by Missouri -Pacific Railroad, Tex-Mex Railroad and Texas & New Orleans Railroad on a force account basis; e. That the award of bid on Fuel Requirements be made on a 3 months' contract on the basis of low bid meeting specifications, to the following: Con- tinental Oil Co., for approximately 5,000 gals. per month of Diesel Fuel at $0.1017 per gal.; Crystal Petroleum Co., for approximately 4,500 gals. per month of Kerosene at $0.1119 per gal.; Gulf Oil Corp. for approximately 45,000 gals. per month of Regular Gasoline at $0.16038 per gal.; and Key Petroleum Co., for approximately 2,500 gals. per month of Premium Gasoline at $0.1950 per gal.; for a grand estimated total of $8,716.65 per month; (See Bid Tabulation #4 in File); • • Regular Council Meeting January 25, 1961 Page #4 f. That the award of bid on Rubber -lined Fire Hose be made on the basis of low bid meeting specifications and sample hose passing tests, to Blaze Guard Manufacturing Co. for 2,000 feet at $0.6762, 4,000 feet at $0.9212 and 1,000 feet at $1.5582, for a grand total of $6,595.40; (See Bid Tabulation #5 in File); g• That the award of bid on 10 items of Mowing Equipment be made to the following: Goldthwaite's of Texas, Inc., for Items 2, 3, 5, 6 and 7 for a total of $3,035.00; and Watson Cushman Motors of Texas, Inc., for Items 1, 4, 9 and 9a for a total of $3,258.95; making a grand total of $6,293.95; (See Bid Tab- ulation #6 in File); h. That the following appointment of Substitute Judges and Polling Places for the Bond Election to be held next Saturday, January 28, 1961, be made: For Precinct #7, Foyer, Cafeteria Building, Roy Miller High School, Fisher Street entrance; Precinct #15, Mrs. Florencio Sanchez, Judge; Precinct #17, Incarnate Word Academy, Lobby, 2930 So. Alameda, Harrison Street entrance; Precinct #28, R. C. Robertson, Judge; Precinct #34, Harry L. Hoag, Judge; Precinct #35, Mrs. F. G. Tuley, Judge. ORDINANCE NO. 6049 APPROPRIATING FROM NO. 230 BRIDGE BOND FUND THE SUM OF $38,466.07 REPRESENTING LABOR AND MATERIAL FURNISHEDEYTHE VARIOUS RAILROADS FOR WORK DONE IN ACCORDANCE WITH. THE PRIMARY AGREEMENT APPLICABLE TO PROJECTS AS FOLLOWS: PROJECTS 230-55-8.8-2, 230-55-8.8-7, T & N.O. RAILROAD INVOICES NOS. 2576 AND 87479, $2,146.07, CITY ESTIMATE NO. 4; PROJECT 230-55-8.7, TEX-MEX RAILROAD INVOICE NOS. 983, 985, 987 AND 989, $1692.13, HARRINGTON AND CORTELYOU ESTIMATE NO. 6; PROJECT NO. 230-55-8.6, MISSOURI PACIFIC RAILROAD INVOICE NOS. 101513 AND 121234, $34,627.87, CITY ESTIMATE NO. 1; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye". ORDINANCE NO. 6050 APPROPRIATING FROM NO. 250 SANITARY SEWER BOND IMPROVEMENT FUND THE SUM OF $4800.00 AUGMENTING FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NOS. 5406 AND 5779 IN THE TOTAL AMOUNT OF $37,750.00, THE ADDITIONAL FUNDS BEING REQUIRED FOR ENGINEERING SERVICES BY REAGAN AND McCAUGHAN IN CONNECTION WITH THE CONSTRUCTION OF WESTSIDE SEWER TRUNK MAIN, UNIT IV,' PROJECT NO. 25054-9.4; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council members present and voting "Aye". Regular Council Meeting January 25, 1961 Page #5 • The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye". ORDINANCE NO. 6051 CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING AGNES STREET FROM SOUTH STAPLES STREET TO CARANCAHUA STREET AND UPON LAREDO STREET FROM SOUTH STAPLES STREET TO TANCAHUA STREET, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, BY VIRTUE OF THE IMPROVEMENT OF SAID STREETS, SIDEWALKS, GUTTERS, DRIVEWAYS AND CURBS, WITHIN THE LIMITS DEFINED, AND AS TO ANY ERRORS, AND INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREOF, OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED, FIND- ING AND DETERMINING THAT THE PROPERTY ABUTTING UPON AGNES STREET FROM SOUTH STAPLES STREET TO CARANCAHUA STREET AND UPON LAREDO STREET FROM SOUTH STAPLES STREET TO TANCAHUA STREET WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE, AND AS HEREIN ASSESSED AGAINST SAID PROPERTY ABUTTING UPON SAID AGNES STREET AND SAID LAREDO STREET AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVEMENTS ON SAID STREETS WITHIN SAID LIMITS, FIXING A CHARGE AND LIEN AGAINST THE PROPERTY ABUTTING UPON SAID AGNES STREET AND LAREDO STREET WITHIN THE LIMITS DEFINED AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGN- ABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAYMENT AND PROVIDING THE MANNER AND METHOD OF COLLECTION OF SAID ASSESS- MENTS AND CERTIFICATES; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye". ORDINANCE NO. 6052 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH W. H. NICHOLS AND COMPANY, SUBJECT TO APPROVAL BY THE U. S. ARMY CORPS OF ENGINEERS, FOR REHABILITATION, CONSTRUCTION AND REMOVAL OF RAILROAD TRACKS, UNIT XI, OF THE BRIDGE REMOVAL AND RELOCATION PROJECT; APPRO- PRIATING OUT OF NOL 230 BRIDGE BOND FUND THE SUM OF $92,650.00, OF WHICH AMOUNT $78.853.10 IS FOR THE CONSTRUCTION CONTRACT, $21.90 IS FOR LEGAL ADVERTISING FOR BIDS, $13,775.00 IS FOR BALLAST TO BE PURCHASED FROM T & N. O. RAILROAD, ALL APPLICABLE TO PROJECT NO. 230-55-8.14; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye". ORDINANCE NO. 6053 RECEIVING AND ACCEPTING THE CONSTRUCTION OF "YACHT BASIN PILING, PIER REPAIRS AND RECONSTRUCTION" AS PERFORMED BY THE AUSTIN BRIDGE COMPANY UNDER THEIR CONTRACT DATED DECEMBER 5, 1960, AUTHORIZED BY ORDINANCE NO. 5978 AND PAYING FINAL ESTIMATE NO. 1 IN THE AMOUNT OF $2159.00 FROM FUNDS PREVIOUSLY PROVIDED IN THE CORPUS CHRISTI MARINA BUDGET ACTIVITY NO. 4151, CODE 502 OF THE GENERAL FUND; AND DECLARING AN EMERGENCY. • Regular Council Meeting January 25, 1961 Page #6 The Charter rule was suspended by the following vote: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye". ORDINANCE NO. 6054 AMENDING THE ZONING ORDINANCE OF THE CITY OF CARPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE ANDRESOLU+ TION RECORDS, AND AS AMENDED BY ORDINANCE NO. 4846, ADOPTED ON THE 21ST DAY OF AUGUST, 1957, APPEARING OF RECORD IN VOLUME 26, PAGES 385 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF LOTS 12, 13, 14 AND 15, BLOCK 1, WIESS ADDITION, FROM "A-3" THIRD APARTMENT HOUSE DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CON„ FLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: AlliCoun- cil members present and voting "Aye". ORDINANCE NO. 6055 AMENDING ORDINANCE NO. 4965, AS AMENDED, APPEARING AS SECTIONS OF CORPUS CHRISTI CITY CODE, 1958, BY AMENDING SECTION 5-41 SO AS TO PROVIDE FOR A DOG LICENSE FEE OF TWO ($2.00) DOLLARS INSTEAD OF THREE ($3.00) DOLLARS; AMENDING SECTION 5-53 SO AS TO PROVIDE A POUND REDEMPTION FEE OF TWO ($2.00) DOLLARS INSTEAD OF FIVE ($45.00) DOLLARS AND SEVEN ($7.00) DOLLARS INSTEAD OF TEN ($10.00) DOLLARS WHERE THE IMPOUNDED ANIMAL IS HELD FOR OBSERVATION FOR RABIES; AMENDING SECTION 5-37 SO AS TO PROVIDE A FEE OF FIVE ($5.00) DOLLARS INSTEAD OF SIX ($6.00) DOLLARS FOR KEEPING FEMALE DOGS WHILE SUCH DOGS ARE IN SEASON; AMENDING SECTION 5-54 SO AS TO ELIMINATE THE MINIMUM REDEMPTION FEE OF TWO DOLLARS; PROVIDING FOR PUB- LICATION; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Coun- cil members present and voting "Aye". ORDINANCE N0. 6056 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND THE GULF COAST HUMANE SOCIETY FOR THE KEEPING BY THE GULF COAST HUMANE SOCIETY AS A PLACE OF IMPOUNDMENT OF ALL ANIMALS SEIZED OR HELD BY THE OFFICERS OF THE CITY HUMANE DEPARTMENT, AUTHORIZING THE RELEASE OF ANIMALS, UPON PAYMENT OF CITY FEES, AS AGENT FOR THE CITY, PROVIDING FOR COMPENSATION TO THE HUMANE SOCIETY AND SETTING FORTH OTHER TERMS AND CONDITIONS AS MORE FULLY DESCRIBED IN THE AFORE- SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AMENDING THE BUDGET AND APPROPRIATING AND REAPPROPRIATING FUNDS IN THE BUDGET FOR OPERATION OF THE CITY POUND TO COMPENSATE THE HUMANE SOCIETY; AND DECLARING AN EMERGENCY. Regular Council Meeting January 25, 1961 Page #7 • The Charter rule was suspended by the following vote: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: A11 Council members present and voting "Aye". ORDINANCE NO. 6057 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN ACCEPTANCE AND APPROVAL OF AN AMENDMENT TO ASSIGN- MENT OF LEASE, WHICH ASSIGNMENT WAS EXECUTED ON AND DATED JULY 14, 1960, BETWEEN THE CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE, AS ASSIGNOR, AND GAULT AVIATION AS ASSIGNEE, A COPY OF WHICH AMENDMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All, Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: A11 Council members present and voting "Aye". Mayor King called for petitions or information from the audience on matters not scheduled on the agenda. Captain W. C. Anderson, Jr., representing the Fire & Police Departments, presented a petition requesting passage, within 30 days after receipt of the peti- tion, of a proposed ordinance and a proposed amendment to the City Charter, es- tablishing certain minimum salaries in the Fire & Police Divisions, and request- ing that in the event that such legislation is not passed within the 30 days men- tioned, that a Charter amendment as proposed be submitted to a vote of the people, but that in the event that such legislation is adopted, then the petition with regard to submission for a vote of the people shall be withdrawn. The petitions were received. (See Bid Tabulation #2 in File) Mrs. H. U. Collins, 1057 Vaky, stated that Mr. Etheridge had been pre- sented with a drawing and request for head -in parking at her property on the corner of Rosewood and Morgan, to be presented to the Council today, and stated further that such identical parking she is requesting has been already been granted Tony Godey on the opposite corner. A reply to Mrs. Collins request was deferred until the Council could have the information before it. Mayor King announced a brief recess before the scheduled public hearing on the Weber Road Improvement Assessments, Regular Council Meeting January 25, 1961 Page 8 After a brief recess, Mayor King reconvened the meeting and announced the Council would hold the Public Hearing scheduled for 3 o'clock, p.m., on the Weber Road Improvement Assessments, from South Staples Street to Lexington Bonie- vard. Jack Graham, Director of Public Works, presented the plans for the provement of Weber Road from Staples Street to Lexington Boulevard, and the pre- liminary assessment roll; explained the nature, extent and specifications of the proposed improvements; the cost of construction; the amount of cost to be borne by the City and the amount, before adjustment, to be assessed against the abut- ting property owners; and the manner in which such pro rata share was Computed. Mr. Graham called particular attention to certain reductions in the published preliminary assessment roll which were made by the Council for the increased thickness of pavement due to the street being a major thoroughfare, and pointed out the properties where further credit had been given for existing sidewalks, curb and gutter or driveways in satisfactory condition, and for properties which back up to Weber Road and that side on Weber Road, and specifically pointed out the exceptions to these further credits due to deed or plat restrictions denying any access to Weber Road, and to prior contractual arrangements with property owners with regard to these improvements. Harold Carr, W. N. Cooper and Bill Roberts each individually testified as to his background experience which he felt qualified him as a real estate appraiser for both business and residential properties in this City; each indiv- idually testified that he had personally viewed and understood the extent and specifications of the proposed improvements; that he had personally viewed the assessment roll and each of the properties to be assessed; and each testified that in his opinion, each of the properties so assessed would be enhanced in value at least to the extent of the proposed assessment against each property, with a few exceptions, and related some of the elements considered in forming his opinion. Assistant City Attorney Charles Cartwright questioned each of the real estate appraisers, individusiliy, as to the conditions of individual properties with regard to backyards, fences, gates, drainage ditches, existing sidewalks asd pavement, and as to the elements considered in arriving at his opinion of • • Regular Council Meeting January 25, 1961 Page 9 the special benefits of the proposed improvements to the abutting properties; and the following exceptions to the enhancement in value to abutting properties were particularly discussed and noted: Items 1 through 27: The appraisers concurred in the opinion that Sten 1 and 2 were benefited in every sense, and that due to the adjustment already pointed out by Mr. Graham to 25% for these properties which back up to Weber, that these properties will be benefited; Items 28 through 37: Mr. Carr stated that due to the adjustment to 50% already made, these properties would be benefited; Mr. Cooper stated these properties would be enhanced in value to the extent of 35% instead of the 50%, based on the fact that they have attached garages facing other streets and would not be benefited more than 10% above those properties which are denied access to Weber Road by deed or plat restrictions and are therefore being assessed only 25%; and Mr. Roberts stated that although the adjustment in these assessments had been made on the basis of the thickness of the pave- ment as explained by Mr. Graham, that these properties would be benefited to the extent of the assessment by a reduction of 5 or io% from the original 50% assessment; Items 40 and 4+1, property leased to Texas 011 Co., and that of Ada Oil Co., respectively: The appraisers concurred in the opinion that although there was good sidewalk in both instances, that due to contractual arrange - meats with the property owners at the time the plats were filed, no credit was due, and the properties are benefited to the extent of the $2311.64 and $2145.38, respectively, assessment by reason of the pavement; Item 80, Bonham tract: The appraisers concurred in the opinion that there was a question about allowing a credit for the existing sidewalk which was probably to grade, but that this was an engineering detail? and that in any event, the property was definitely benefited at least to the extent of the $1590.89 assessment. The name of the property owner vas corrected on the following: Item 16, Marvin R. Hall; Item 20, John T. Evans; Item 30, C. D. McQuaid; Item 33, W. R. Burros; Item 38, George Sheets; Item 47, Lanford Building Co.; Item 52, Lester T. Springs; Item 53, Mrs. Ethel Walsh; Item 68, Clyde Peoples; Item 70, Charles Regular Council Meeting January 25, 1961 Page 10 W. English; Item 78, Roy E. Powers; Item 84, A. F. & A. Lodge #189; Item 90, C. A. Peyton & T. M. Bell; Iter 118, Joseph A. Weborn; Item 121+, M. A. Ridgley; Item 125, Ray Nibert; Item 126, Carl G. Bradley. The following property owners, or their agents, appeared to speak with reference to their particu3Ar piece of abutting property: Item 3, Mrs. Seldon Broughton, objected to having sidewalks on the basis of the danger to small children who would be tempted to play there, due to increased traffic by reason of the improved thoroughfare; Item 7, Alfred Hanker, objected to both sidewalk and street as be- ing of no benefit to him, and questioned any assessment since the City owns the easement abutting the existing pavement. It was explained that this assessment procudure for street improvements 1s controlled and allowed by State statute; Item 16, Marvin R. Hall, objected to the sidewalk on the basis that there would not be enough pedestrians using it to warrant a sidewalk; Item 31, P. J. Bradshaw, stated that there was a restriction that went with the land that there would be no driveways to Weber Road, and that he did not believe anyone in his section wanted access to Weber Road anyway. Mr. Graham stated that the original plat filed for record of the subdivision re- cords a 5 -foot utility easement and a 5 -foot planting strip along the Weber Road side, that it may have been the intention to deny driveways to Weber Road, but that the plat does not make any reference to specifically denying entrance to Weber, but that a similar plat of Lincoln Terrace specifically states that no garage entrances will be allowed off Weber Road, and pointed out that a previous Council had established a precedent with regard to a similar situation on Kostoryz, whereby a property owner was permitted to deed restrict his prop- erty from any access to Kostoryz, and therefore was assessed only the 25% rate., Item 35, Walter Wilkinson, and Item 36, C. A. Peterson, both objected to having the sidewalk or the street as not being wanted by any of the neighbors because of the many small children in the neighborhood; Item 37, George Shaffer, objected to having the street improved at all, on the basis that he has a street in front of his house and on the side of his house and doesn't need or want the improvements along the back of his •.• • Regular Council Meeting January 25, 1961 Page 11 property, especially since his restrictions prevent driveway access from Weber Road, and stated that this was a City improvement and should not be assessed against abutting property owners who did not consider it a benefit to them and did not want it; Item 53, Mrs. Ethel Walsh: A communication was read stating that 40% would be more realistic as to the increase in value to this property; Item 57, D. J. Waggoner, felt the assessment was entirely too much for something they don't want; and consider it will hurt the value of their home; Item 61, W. E. Rhoten, questioned any benefits to be derived from the improvements, complained of the speeding cars, and said he was not bothered by the dust since he put airconditioning in his home; Item 79, Charles R. Ward, objected to any improvements that he would have to pay for on the basis that the only benefit to him would be if he could get his property zoned for business and then sell it, but that except for the corner, the subdivision is restricted to residential zoning, and urged that the improvements not be constructed. It was explained that the hearing was not to determine the nature of the improvements, but to determine whether or not the properties are enhanced in value; Item 92, Harold Stagg, objected to any assessment on the basis that the wider, improved street would only benefit speeding traffic; Item 96, William E. Ledford, objected to the footage upon which his assessment was based as being only 95 feet instead of 125 feet and stated that the front of his lot curves around the part siding on Weber; and objected to the sidewalk on the basis of it being unsafe for children to play there, and to any assessment since he stated he could not financially pay this amount. The method of projecting the property line to a point of intersection of property line for determining the footage was explained and shown Mr. Ledford on the plans, and the manner of installment payments of the assessments was explained. Item 99, Mr. R. & R. C. Snapka: Mr. Cartwright reported that this owner had telephoned him protesting on the sidewalk portion of the improvements and had stated he would try to contact the Public Works Department at a later date; • • Regular Council Meeting January 25, 1961 Page 12 Item 106, Lee Mahoney representing Dr. Edwin E. Conner, objected to the rate of assessment on this property on the basis that it is zoned "R-1" and should be so assessed. Since the property is now being used as "A-2" zoning, the matter was referred to the City's Legal Department for a ruling. Item 109, Billy F. Kennedy, objected to the assessment on the basis that since his property is a great deal lower than the street and since the City will be able to sell the dirt that will have to be levelled and moved, that he ought to be allowed a credit for the dirt sold. It was pointed out to Mr. Kennedy that his assessment had already been reduced to $391.22 and that the im- provement would greatly improve the appearance of his property. Item 110: Mayor King read a letter received from Mrs. E. J. Messarra, protesting the improvement unless the City uses tax or bond money to do it. It was pointed out that the assessment on this piece of property had been reduced, as in Mr. Kennedy's case, to $376.66. Mayor King announced that all protests and objections would be con- sidered in the City Manager's recommendation to the Council, and that the pro- perty owners would be notified if any further adjustments are made. Everyone present desiring to speak having been heard, Mayor King called for a motion closing the hearing. Motion by Barnard, seconded by Airheart and passed that the hearing be closed and the City Manager be instructed to prepare the final assessment roll, There being no further business to come before the Council, the meet- ing was adjourned.