01-05-1970 - Laserfiche WebLink

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PUBLIC HEARING The Mayor opened the public hearings ASSESSMENT DISTRICT NO, 236 required by Resolution of Intention No. 69-174, for proposed Assessment District No. 236 for the purpose of hearing all objections and protests to the work contemplated for the improvement of Fourth Street between Ross and Spurgeon and to determine the extent of the area to be assessed and whether or not public convenience and necessity require said improvements, all as set forth in the Resolution of Intention. The Clerk affirmed that proper legal notice had been given and reported that three letters of protest had been filed by the following property owners prior to the opening of the hearings: Carl C. Cowles, Attorney representing Joseph Harold Smith, Executor of the Will of Daphne Harper; Joseph L. Gilmaker, 308 West Fourth Street; and Sandy Steiner, owner of property on the northwest corner of Fourth and Birch Streets (401-403-403 1/2-405- 407 -409 West Fourth Street). The letters of protest were read aloud by the Clerk. On motion of Councilman I-Ierrin, seconded by Councilman Markel and unanimously carried, the communications were ordered filed. The Council heard the report of the bids received with a staff recommenda- tion that all bids be rejected because they were approximately 50 percent higher than the Engineers' estimate and that Council authorize readvertising for bids, opening on February 10, 1970, with no change in specifications. The Director of Public Works reported that the public convenience and necessity required the project. He stated that the three written protests did not represent a majority of the area within the proposed Assessment District in that they represented 10. 9 percent of the area to be benefited. He recommended that the protests be overruled and that the Council close the hearings to further protest but continue the hearings for final action pertain- ing to the district to February 16, 1970. Mayor recognized Sandy Steiner and Joseph Gilmaker, both of whom orally protested the establishment of the District. A motion was made by Councilman Herrin, seconded by Councilman Evans, to reject all bids received for Assessment District No. 236; to authorize readvertising for bids, opening February 10, 1970; and to continue the hearings, including the right of further protests, to February 16~ 1970. It was moved by Councilman Patterson~ seconded by Councilman Villa to amend the motion by deleting from it the continuance of the protest portion of the hearings, which amendment failed adoption by the following roll call vote: AYES: NOES: ABSENT: Patterson, Villa Herrin, Evans, Markel, Griset None The original motion was adopted on the following roll call vote: AYES: NOES: ABSENT: Herrin~ Evans, Markel, Patterson, None None Villa, Griset CITY COUNCIL -7- January 5, 1970