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HomeMy WebLinkAboutMinutes City Council - 06/09/1982MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JUNE 9, 1982 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. * Dr. Charles W. Kennedy Cliff Zarsky City Manager Edward, Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Father Michael Howell, Vice -Chancellor of the Diocese of Corpus Christi, following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Betty Turner. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones then presented to Mr. Cefe Valenzuela, Superintendent of the Sanitation Division, a plaque honoring him as Public Works Man of the Year. Mayor Jones commented that Mr. Valenzuela was one of the the top three public works men so honored this year. A motion was made by Council Member Zarsky that the Minutes of the Regular Council Meeting of May 26, 1982 be approved as presented; seconded by Council Member Dumphy; and passed unanimously. ********** A motion was made by Mayor Pro Tem Turner that the Council recess the Regular Council Meeting in order to convene the Corpus Christi Housing Finance Corporation Meeting; seconded Council Member Dumphy; and passed, unanimously at 2:10 p.m. MICROFILMED SEP 1919 84 Minutes Regular Council Meeting June 9, 1982 Page 2 yet. ********** Mayor Jones reconvened the Regular Council Meeting at 2:40 p.m. and called for consideration of actions of the City Council by motion as follows: 1. Bids be received June 29, 1982 for a 14' self propelled chip spreader for the Street Division. This equipment is used to spread aggregate in the maintenance of streets and is included in the 1981-82 Revenue Sharing Budget. A 1971 model spreader will be replaced. 2. A twelve months supply agreement for approximately 10,000 80-1b. bags of normal strength concrete be awarded to StarCrete Products of Corpus Christi on the basis of low bid of $19,600. Two bids were received. Prices have increased less than 1% since the previous contract of May, 1981. 3. The appointment of Fox & Co., Certified Public Accountants, be approved to perform the following audits for the fiscal year ending July 31, 1982. City's annual audit including Revenue Sharing Compliance $38,000 Federal Grants Single Audit Corpus Christi Housing Improvement Corporation Corpus Christi Housing Finance Corporation to be paid by Trustee 18,000 3,500 4,500 Total - $64,000 This is the first year for the "Single Audit" requirement in which Federal Grants are audited as part of the City audit rather than on an individual basis. 4. Bids be received June 29, 1982 for two additional 3 -wheel turf trucksters for Oso Golf Course and Park Maintenance, the latter to be used in maintenance of the Bayfront Science Park. The trucksters are included in the 1981-82 Budget. 5. Authorize submission of a grant application for the 8th year Community Development Block Grant which totals $4,953,673, of which $4,653,000 is the 8th year entitlement and $300,673 is reprogramming into the 8th year from previous year's programs. One of the Council Members requested that items 3 and 5 be discussed before approval. A motion was made by Council Member Dumphy that items 1, 2 and 4 be approved as presented; seconded by Council Member Zarsky; and passed unanimously. Council Member Zarsky referred to item 3 pertaining to the audits by Fox & Company and asked if bids were received for this service. City Manager Edward Martin explained that this is the fourth yv:tr of the utilization of this firm for this purpose; the Staff feels that once an audit- Minutes Regular Council Meeting June 9, 1982 Page 3 has been selected, the same firm should be allowed to continue for four or five years; and that is the reason the same firm has been recommended to perfom the audits. Mr. Chuck Daley, Assistant Director of Finance, further explained that the State of Texas prohibits soliciting of bids for audits except for federal grants. He explained how difficult it is to employ a new firm every year because the firm is more effective after the first year when they are familiar with the City's operation. He noted that this is a new name for the company that was selected previously. A motion was made by Council Member Zarsky that item 3 be approved, seconded by Council Member Dumphy and passed unanimously. r ********** Mayor Jones announced the public hearing on the 8th Year Community Deveopment Block Grant application. City Manager Martin referred to the memorandum explaining the grant application from Mr. Tom Utter and inquired if the Council had any questions concerning the items recommended. Mayor Jones requested that some explanation be presented to the Council. Assistant City Manager Tom Utter explained to the Council that the regulations in regard to the Community Development Block Grant applications have been relaxed somewhat but the Staff adhered as much as possible to the usual procedure. He explained that a number of neighborhood meetings were conducted; the Staff contacted various groups and recreation centers to explain the procedure to the residents of those areas; and requests were received prior to the hearing before the Planning Commission. He stated that the program is shown on the attached printout (copy of which is attached hereto and made a part of the minutes). Mr Utter reviewed the various programs that were included in the recent bond program as well and informed the Council that a list was published in the newspapers containing these public projects that are under consideration for the application. He stated that on June 16, the City will submit the list to HUD for approval for funding. Mayor Pro Tem Turner asked for copies of the minutes from the meetings with LULAC, GI Forum and various other organizations. Minutes Regular Council Meeting June 9, 1982 Page 4 Mr. Utter explained that the City Staff has always preferred that the indivudual organizations keep their own minutes, because if they provide their own minutes, there is no question of what was said at the meeting. He explained that the City does not have copies of their minutes yet but they will attempt to obtain them for the Council: Mr. Kelly Elizondo, Director of Neighborhood Improvement, referred to the packet presented to the Council on this subject and reminded them that there is a summary of what was discussed at the various meetings. Mayor Pro Tem Turner suggested that the meetings be taped in the future. Mr. Elizondo referred to the list of projects proposed and pointed out that it totals $5,558,716 and assured the Council that the items recommended were thoughtfully prepared after the meetings in the various areas. City Manager Martin interjected that this is basically the recommendation of the Planning Commission. Mayor Jones called for comments from the audience and asked for those who wish to have some project included in the program explain it as quickly as possible and also, if they make a new request for funds that they provide a recommendation as to what, in their opinion, should be eliminated from this recommendation. Mr. Carlos Moreno, Vice President of the Westside Business Association, stated that he was speaking on behalf of that organization to request the improvement to a section of Agnes Street between Port Avenue and Old Robstown Road. He stated that they are requesting funds from the 8th Year Community Development Grant for these improvements including curbs, gutters and new sidewalks. He displayed pictures of the Agnes Street area, pointing out the need for improvements of all kinds. He mentioned the fact that millions of dollars are being spent on South Padre Island Drive and expressed the opinion that some street improvement should be approved for Agnes Street. He noted that there is unsightly debris along Agnes and the area does have drainage problems. Mayor Jones explained to Mr. Moreno that the City Council at that morning's session approved $150,000 in loans for this area and pointed out that the Council has done a great deal to improve the area. Mr. Utter pointed out the streets in the area that have already been improved. r Minutes Regular Council Meeting June 9, 1982 Page 5 ' Council Member Zarsky also noted that $400,000 has been allocated for improvement of this area. Mrs. Elizabeth Taylor, 1910 Orange Street, appeared before the Council to protest the use of the Block Grant funds for beautification of NAS Drive when there is no adequate drainage of the flood waters that back up from Flour Bluff Drive to Orange Street. She requested that the City consider installing drain pipes underground to the Oso down to Don Patricio right-of-way or down Holly to the Oso. She agreed that water cannot run uphill and she was of the opinion that it would be necessary to install underground pipes deep enough so that it would run downhill to the Oso. She concluded her remarks by proposing that Community Development Block Grant funds be used for drainage from Flour Bluff Drive to Orange Street. Mr. Steve Bryant, Pastor of the South Bluff Methodist Church, requested that funds be set aside for transients and a facility to house them. He stated that he is working in cooperation with other churches and they hoped to obtain funds to provide shelter, food and other things for transients, particularly families. He requested the specific amount of $75,000 to rehabilitate a facility that can be used for this purpose. He explained that he has been working with Mrs. Helen Gurley, Director of Human Relations, as well as various churches. He stated that a committee was appointed to arrive at some proposal and they feel that the most urgent concern is to take care of families because there are no existing facilities for these groups of people. Mayor Jones inquired if the Human Relations Commission has heard this proposal, and Mr. Bryant stated that they have not but they have been working with Mrs. Gurley. Mayor Pro Tem Turner suggested that they approach Mr. Maury Wolfson, Chairman of the Human Relations Commission, to devise some concrete plan. Mr Utter informed the Council that funds cannot be allocated for new construction, and Mr. Bryant assured the Council that they have examined several old buildings and hoped to have funds to rehabilitate one of them. Council Member Zarsky reminded the Council that they have previously given instructions to the Staff to work with the Ministerial Alliance on this problem and Mr. Bryant concurred with that. Minutes Regular Council Meeting June 9, 1982 Page 6 Council Member Zarsky mentioned the barracks that are at Rodd Field and suggested that possibly some of those buildings currently belong to the City and might be considered for the purpose that Mr. Bryant had suggested. He asked the Council to try to work with this group in cooperation with the Human Relations Commission. Mr. Ralph Cooke, representing the Flour Bluff Civil League, referred to a letter presented to the Council. He stated that they are requesting consideration of several improvements from the Community Development Block Grant funds in Census Tract 30 as follows: (1) Beautification of NAS Drive according to the plans prepared by Mr. Ted Turner. He stated that they wanted to include maintenance and replacement of dead plants and/or trees for the first year; (2) Making the Parker Pavilion into an all-weather Community Center with air conditioning, heat, restrooms, and kitchen similar to other Community Centers within the City; and (3) Drainage improvements along Don Patricio. He noted that presently, drainage goes into a private lake and if property changes hands and the new owner is not agreeable to this unusual situation, an area that has flood problems now would be an absolute disaster area. He stated that they do have some information in regard to the landscaping and Mrs. Donna Shirley has the plans. Mayor Jones suggested that the plans be presented to the Staff. Mr. Cooke reiterated that they are primarily concerned about the beautification of NAS Drive. Mrs. Donna Shirley addressed the Council and stated that they felt that $155,532 would be adequate for their plans but their immediate need is for $48,579 for palms and jasmine plants and some leveling of NAS Drive. Mayor Jones pointed out that the City could spend millions of dollars to improve NAS Drive but this would not really improve the aesthetics of the street because the individual property owners have unsightly trash and debris in the street. Mr. Cooke explained that they have established the beautification committee to work with the property owners as well as planting the trees. Mr. Utter also noted that the Flour Bluff Civic League has worked with Neighborhood Improvement Division to clean up this area. Minutes Regular Council Meeting June 9, 1982 Page 7 Mr.' Sam Allen, speaking on behalf of the Central Business District, of which he is chairman, stated that he was present to request additional funds from the Block Grant Program to supplement those already set aside for the parking situation in the downtown area. He presented a copy of the letter written to the Planning Commission and stated that they would like to request an additional $600,000. He explained that they would like to have the acquisition of a site with plans for a parking garage to serve the downtown area. He stated that they would also like to have $500,000 to landscape Taylor Street continuing into the Bayfront Arts & Science Parks. Mayor Jones inquired if the Central Business District preferred a single parking garage, and Mr. Allen explained that they would really like to suggest a transportation center where transfers on buses could be made as well as providing parking. He suggested that the City purchase some property for one large facility or one at each end of the Central Business District. Mr. Willie Lenox, speaking on behalf of the Civic League of Flour Bluff, urged that the Council approve their request for funds. He read a letter from Mr. W. L. Brown, Pastor of the First Baptist Church, in which he urged that funds be allocated for the improvements to NAS Drive. He also read a letter from the Flour Bluff Business Association signed by Virginia Rawalt in which she informed the Council that the Flour Bluff Business Association named the Number 1 priority for the Flour Bluff area the to beautification of NAS Drive. In her letter, Mrs. Rawalt requested at least $100,000 to be spent towards the planting of trees, shrubs and flowers as well as manpower to correct various violations of the building codes. She also confirmed that their group felt that the Number 2 priority should be the modification of the pavilion presently being completed to include kitchen and bathroom facilities for the convenience of the Senior Citizens as well as some type of all weather siding construction for the pavilion and concurred with the third request that the drainage along Don Patricio Drive be corrected. * Council Member Charles Kennedy arrived at the meeting at 3:35 p.m. Mr. Lenox explained that their request was not received earlier because they were not aware of the hearings on the Community Development funds until ten days ago. Mayor Pro Tem Turner pointed out that unless there are some deletions from the present list, there are no funds on the recommended list for Flour Bluff. Minutes Regular Council Meeting June 9, 1982 Page 8 Mr. J. H. Baroso, Chairman of the Zavala Senior Citizen Center, stated that' they would like to have their facility at the old Zavala School enlarged. He explained that their dining room is quite crowded and the ladies who attend the activities at the center have to use the tables for their sewing and then when lunch is served, the tablbs must be cleared for this purpose. Mayor Pro Tem Turner inquired about the number of people who participate in the activities at Zavala Center, and Mr. Baroso stated that there are usually 45 to 50 people there. Mrs. Turner then inquired if the Staff had any suggestions for improvements. - Mr. Utter explained that Zavala Center was renovated out of the 2nd Year Community Development Funds; it is about 2,500 square feet; the building, itself, is is good condition; and there is always the question of whether there will be continuing use by the Nueces County Community Action Agency of this building. He stated that the last estimate to develop the size of the portion used by the Senior Citizens would be about $40,000. He stated that the Staff is of the opinion that they should wait until it has been determined whether or not the other portion of the building will be vacated by Community Action Agency. He stated that possibily, the Staff could work out something with CAA to have some of their programs conducted at the Meadow Park Recreation Center which is just a short distance away. Mr. Fred Stansell, Administrative Assistant speaking on behalf of Senator Carlos Truan, urged that the Council give high priority to the request for the improvements to the Agnes Street beautification as requested by the Westside Business Association. He assured the Council that Senator Truan supports their request. Mr. Ben Ramos, speaking on behalf of the Zavala Senior Citizens Center, urged that this center be expanded. He noted that they have made this same request two times previously. Council Member Kennedy inquired if CAA Office could not be moved to another city -owned building. Mr. Elizondo explained that CAA and the Zavala Center have been in joint operation at this location for some time, and both staffs complement each other and they try to place their centers in a particular neighborhood to serve all Minutes Regular Council Meeting June 9, 1982 Page 9 areas. He stated that at this location, the CAA has a staff to assist those in the neighborhood by providing advice and information for them on various matters. Mrs. Hermina Chavana stated that they need more space because the senior citizens want to work on other projects such as ceramics, sewing and also have dances at the Zavala Center, and there is inadequate space for these types of activities. Mr. Benny Benavides, 2421 Cleo Street, urged that the Council seriously consider the Agnes Street improvements as requested by the Westside Business Asociation. He pointed out that many visitors to Corpus Christi see this area first when driving from the airport and he felt that it would improve the image of the entire City. Mayor Jones noted ' that no one else wished to speak on this subject and suggested that the hearing be recessed in order to allow the Staff time to consider these additional requests. Mr. Utter explained to the Council that the City's application is due in the HUD Office by July 1, 1982; HUD Representatives came to the City about one and a half months ago and asked that Corpus Christi present this to HUD prior to June 16 because they want to fund the City of Corpus Christi prior to the date of July 1st. He stated that it would be very dificult timewise, but the decision could be made at next Wednesday morning's Workshop Meeting and the application could then be hand delivered to the proper office. Mayor Pro Tem Turner suggested that the Council could evaluate the projects already listed on the recommended list to see if some could be eliminated. A motion was made by Council Member Hawkins that the hearing be closed, seconded by Council Member Gulley and passed unanimously. Discussion followed on the possibility of eliminating or reducing some of the funding for the items already listed. Council Member Gulley inquired about the designation of $200,000 for local options and contingencies and suggested that this be used for some of the requests received during the public hearing. City Manager Martin agreed that this could be done. Mr. Utter explained that some of these programs already on the list were to be partially funded by Community Development Funds and partially by the bond program recently approved. Minutes - Regular Council Meeting June 9, 1982 Page 10 Council Member Hawkins agreed with Mr. Gulley that the Council should use the local option and contingencies fund for the items that had just been presented and expressed the opinion that Flour Bluff would probably not qualify for the next Community Development Program and this may be their.last chance to realize funds from this source. A motion was made by Mayor Pro Tem Turner that $60,000 be allocated from the Local Option and Contingencies Fund to improve NAS Drive. The motion was seconded by Council Member Hawkins and passed unanimously. A motion was made by Mayor Pro Tem Turner that funds to enlarge the Zavala Center also be allocated from Local Option and Contingencies Fund. The motion was seconded by Council Member Dumphy. Assistant City Manager Utter stated that the amount previously estimated to enlarge this Center was $66,000, but he suggested that the Local Option and Contingencies Fund remain as it has been amended and allow the Staff time to prepare some cost estimates of the needed improvements at the Zavala Center and present that figure to the Council next week. The motion to fund improvements for Zavala Center passed unanimously. A motion was made by Council Member Hawkins that the balance of the list as recommended by the Planning Commission and the Planning Staff for the Community Development Block Grant Bth Year be approved as well as the reallocation of the monies from the 7th Year, Community Development Block Grant. The motion was seconded by Council Member Dumphy and passed unanimously. Mayor Pro Tem Turner referred to the Central Business District's request in regard to downtown parking and noted that funds have been allocated previously for such improvements; the Council continuously adds money to this fund; costs increase constantly; and then asked if something could not be done about the parking problem downtown., Staff members agreed that they would work on this. ********** A motion was made by Council Member Gulley that the Council convene in closed session for the purpose of discussing personnel matters under the authority of Article 6252-17, the Open Meeting Law, V.A.C.S.; seconded by ' Council Member Dumphy; and passed unanimously at 4:16 p.m. Minutes Regular Council Meeting June 9, 1982 Page 11 ' ********** Mayor Jones reconvened the Regular Council Meeting at 5:00 p.m. Mayor Jones announced that the City Council has just completed a closed discussion with Municipal Court Judge Bill Monkres, who intends to publicly apologize to the Council after the meeting. He explained that the Council understands that there was a human failure on the part of Mr. Monkres, but he has performed a good job as a Municipal Court Judge and the Council expects him to perform more adequately in the future. A motion was made by Mayor Pro Tem Turner that the foregoing action be confirmed, seconded by Council Member Dumphy, and passed unanimously. Mayor Jones announced consideration of appointments to Boards and Committees. Mayor Jones explained that Dr. Dale W. Rascoe, Veterinarian, had agreed to serve on the Animal Control Advisory Board. A motion was made by Mayor Pro Tem Turner that Dr. Rascoe's appointment to that board be confirmed, seconded by Council Member Kennedy, and passed unanimously. (Note: Dr. Rascoe's term will expire May 31, 1985.) Council Member Hawkins nominated Dr. Archie L. Kennon, Jr. to the Citizens Advisory Health & Welfare Board with the term to extend until November 11, 1982. Dr. Kennon was elected by acclamation to this Board. Mayor Jones referred to the Bay Drilling Committee and suggested that the nominee from a different oil company should be considered. A motion was made by Council Member Zarsky that Mr. Ron Grant be appointed as alternate from the oil industry to the Bay Drilling Committee with the term to expire December 31, 1983; seconded by Mayor Pro Tem Turner; and passed unanimously. The Council agreed that the member -at -large to be appointed to the Animal Control Advisory Board be delayed until next week. Dr. Kennedy informed the Council that he would have to leave the Council Meeting at 5:30 p.m. and if there is some matter that will require his vote, he would like to have it considered at this time. Minutes Regular Council Meeting June 9, 1982 Page 12 A motion was made by Council Member Kennedy that the Regular Council Meeting be recessed at 5:16 p.m. in order to convene the Special Council Meeting to consider zoning applications; seconded by Council Member Zarsky, and passed unanimously. Mayor Jones reconvened the Regular Council Meeting at 5:40 p.m. and called for consideration of action of the Council by new ordinance. Mayor Jones referred to the first reading ordinance amending the platting ordinance to provide for charging fees and surcharges for tap service to establish an equitable system for the sharing of the cost of orderly water main extensions among developers. Assistant City Manager James K. Lontos explained that this change in the water policy does provide that an annexation agreement would be necessary for the owner to obtain water. Mayor Jones questioned the wording in the ordinance because it indicated that anybody either inside or outside the City limits must be provided with water. Assistant City Attorney Bob Coffin explained that Chapter 55 of the Code of Ordinances does require annexation as a condition for people to obtain water outside the City limits. City Manager Martin noted also that this question was clarified in another portion of the proposed ordinance. Council Member Zarsky referred to the same ordinance and inquired about the situation as it would affect PUD development. Mr. Lontos explained that, too, is a residential type of development that was included in the water policy ordinance and to eliminate any question as to whether PUD can obtain water under the same terms. He explained the charges and surcharges that are included in the ordinance. Council Member Zarsky then questioned the possibility of the necessity of levying a surcharge for townhouses on which there could be as many as fourteen to an acre. Mr. Gerald Smith, Acting Director of Engineering and Physical Development, stated that each townhouse would be assessed a surcharge. Minutes Regular Council Meeting June 9, 1982 Page 13 Council Member Zarsky expressed the opinion that that would be inequitable for people purchasing townhouses and suggested that since this ordinance is on a three reading basis, the Staff and Utilities Committee examine the charge for townhouses. Mr. Lontos agreed that this should be studied further. Mayor Jones inquired if the City has the same type of ordinance for the charge for sewer service, and Assistant City Manager Lontos explained that the Committee will discuss the sewer policy again and possibly recommend the same type of charges. City Manager Martin stated that he was of the opinion that,the sewer policy can be devised after the passage of the water policy charges. Council Member Dumphy complimented the Committee Members of the Off -Site 1 Utilities Committee and the Engineering Staff for their hard work in devising such a good ordinance pertaining to water policies. .Council Member Gulley referred to Ordinance d, which 'authorizes the contract with American Roofing & Construction Company for the Agnes -Laredo Triangle project, and questioned whether this company has had enough experience in laying brick on the ground. Mr. Lontos explained that they have performed concrete work and have accomplished some good work and the Staff has no hesitation in recommending award of contract to them. Mayor Jones then referred to ordinance f, which pertains to the closing of Caribbean Drive from Roscher Drive to the Cayo del Oso, and explained that a public hearing was conducted last week in the absence of Council Member Gulley and Mayor Pro Tem Turner. Council Member Gulley and Mayor Pro Tem Turner stated that they had read the minutes of the public hearing and the material pertaining to this subject and felt that they could vote on this ordinance. Mayor Jones called for comments from the audience on the ordinances listed as new ordinances. Mrs. Ruth Roscher Murphey referred to the ordinance pertaining to the closing of Caribbean Drive and expressed her concern about this closing. She stated that no one who owned a great deal of property there was notified of the public hearing even though she has a sister who resides within the area of notification. Minutes Regular Council Meeting June 9, 1982 Page 14 A staff member explained that the notification list as provided by Data Processing through the Engineering Department did not list Mrs. Murphey's sister as residing in the area; therefore, that was the reason a notice was not mailed to her. Mayor Jones explained that he had requested the City Secretary to contact the people who spoke in opposition to the closing of this street at the public hearing in 1979. Mrs. Murphey continued her presentation and presented to the Council a petition signed by eleven property owners who owned 235 acres in the area, all expresssing opposition to this street closing. Mrs. Murphey stated that she felt that the street should be left open since it is unknown how the undeveloped property will be used in the future. Mr. C. F. Roscher, 336 Baker, stated that he has owned property in that area all his life and he does not particularly want this street improved at this time but he does not think that if the street is closed, the adjacent property owners should be awarded the property vacated by the street closing since his father was the one who actually donated the right-of-way for the road to the County many years ago. Mr. Robert Kessler, 2902 Roscher Road, stated that he owns the property adjacent to the road. He expressed the opinion that the street should be closed since it has been a place where dumping is performed and the City does not maintain it. Mr. Tion Wells, 2145 Whispering Oak, President of the Homeowners Association for Roscher Estates, agreed that they do have a dumping problem in this area with motorcycles going down the road and undesirable activities occurring. He expressed the opinion that these activities would be increased if the road is opened and developed. Mrs. Barbara Lampert, 6801 Pharaoh, referred to the statement made by Mrs. Murphey that the property values would be decreased. She expressed the opinion that closing the street would actually increase the property values in the area. She reminded the Council that this street has never been opened or used as a street and expressed the opinion that there is already ample access to the water afforded by the parks along Ocean Drive. She expressed the opinion that this 40' wide street right-of-way is not necessary to provide access to the water and Minutes Regular Council Meeting June 9, 1982 Page 15 this would only be a dumping ground if it remains open. She, again, urged that the road be closed. Mr. Wayne Bishop, the developer of this tract of land, pointed out that he will develop the property in 5 -acre tracts which does not require the dedication of a park and urged that the Council approve the closing of the street. Mayor Jones inquired of Mr. Bishop the time element for development of this land and Mr. Bishop replied that they will move forward as soon as possible because the plat is in the process of being prepared. Council Member Dunphy asked about the purchase of this land, and Mr. Bishop replied that he purchased the land right up to the street right-of-way and he has no interest in the additional land that would be realized from the street closing. Mr. Lontos stated that ordinarily land is purchased to the center line of a street, and Mr. Bishop concurred that actually, he did purchase the land to the center line of the street. He pointed out that there was a motion following the hearing last week to the effect that an easement would be dedicated to the City. Mr. Charles Shafner stated that he had purchased lot 9 in Roscher Estates and he also has an easement which he cannot use. He expressed the opinion that the street should be closed and the utility easement dedicated. Mrs. Murphey addressed the Council again and stated that the proponents of the street closing have constantly mentioned the garbage being dumped in the area but stated that this has been continuing for years and the closing of the street will have no effect whatsoever on the discontinuation of this practice. She assured the Council that they are not requesting that the street be developed at this time, but they would like to have the street remain open in the event that it is needed in the future when the land surrounding it is to be developed. No one else spoke in regard to the ordinances. Council Member Hawkins pointed out that following the public hearing last week, there was a 3 to 2 vote to call for the ordinance closing this street subject to the dedication of utility easement and inquired as to how the motion could pass with only three affirmative votes. Assistant City Attorney Coffin explained that the rule is that a majority Minutes Regular Council Meeting June 9, 1982 Page 16 o`f the Council Members present can bring forth an ordinance but passage of an ordinance does require four votes, which its a majority vote of the entire Council. Mayor Jones stated that he had forgotten that this road had been donated to the County initially by Mr. Roscher. He pointed out that once the Council takes the action to close this road, it can never be opened and he is of the opinion that since there is no way of knowing how the land will be developed in the future, it is unknown whether or not the road will be needed. Council Member Zarsky pointed out that if Mr. Bishop uses this land as he states he will, then he has no problem with approving the closing. Council Member Hawkins stated that it is difficult for him to vote on anything to give away public right-of-way. Council Member Gulley stated that he does not feel that this is a normal street closing in that the easement must be dedicated to this City for utility use. Mayor Jones inquired as to how the City could be assured that the 40' will actually be retained as utility easement and Mr. Lontos assured him that the ordinance will be very clear that the 40' will be needed for an easement or for future drainage. He pointed out that the property owners will have to pay taxes on the easement but they do not have to on street right-of-way. Council Member Dumphy inquired if perhaps twenty years from now the City decided that there was a need for access and there actually is a utility easement, if it would be easy to take that property back for use as a street, and Mr. Lontos explained that they could not take it back because it would have to be condemned which would probably be very costly. Mayor Jones pointed out that the purchasers of this property and the people who developed Roscher Estates were aware that this street was in existence and had been since 1909. Council Member Zarsky inquired if the City could allow the street to be dedicated and remain open but restrict vehicular use so that the City would still have the street and the developers would accomplish their aim to eliminate the dumping and other activities that are conducted in the area. Assistant City Attorney Coffin stated that he felt that the simple solution would be for the Council to take no action and leave the street open and request Minutes Regular Council Meeting June 9, 1982 Page 17 that the Traffic and Transit Department barricade the street to prevent vehicles from using the street. A motion was made by Council Member Zarsky that the street closing request be denied and allow for the barricading of the street until it is needed. Council Member Zarsky then inquired if Mr. Bishop would have to develop the street as part of his subdivision development. City Manager Martin agreed but stated that the requirement to develop the street could be waived since there is no need to have it developed to this time. Council Member Gulley expressed the opinion that he did not think that this would solve anything; the street is not needed; an easement is almost the same as having street right-of-way; the City has the right of access through the easement; the owner of the property cannot build on it; but the property owners would have to maintain an easement. Council Member Dumphy suggested that there may be some legal questions that need to be examined in connection with this. He suggested that the first reading of the ordinance be considered today with the understanding that a solution will be worked out before the third reading of the ordinance. City Manager Martin suggested that the ordinance could be delayed for as much as six months to give the developer time to work out this problem. Mr. Bishop expressed the opinion that an equitable solution could be worked out, but he would like to proceed with the platting if there is an easement requirement. He requested that this be tabled for 90 days. Council Member Zarsky's motion died for lack of a second. A motion was made by Council Member Gulley that action on this ordinance be delayed for three months, seconded by Council Member Zarsky and passed unanimously. Mayor Jones stated that he would like to have everyone involved, including the property owners who had signed the petition, notified when this ordinance is on the agenda again. There were no further questions on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were approved: FIRST READING: AMENDING THE PLATTING ORDINANCE NO. 4168, AS AMENDED, SECTION V-8(5) TO ESTABLISH A WATER MAIN EXTENSION POLICY, INCLUDING ESTABLISHING $75.00 PER LOT OR $300.00 PER ACRE FEES FOR SINGLE FAMILY OR DUPLEX SUBDIVISIONS, $150.00 PER LOT OR $600.00 PER ACRE FEES FOR OTHER THAN SINGLE FAMILY OR DUPLEX Minutes Regular Council Meeting June 9, 1982 Page 18 SUBDIVISIONS, $100 PER LOT SURCHARGES, PRO RATA FRONT FOOT CHARGES OF $4.25 A FOOT, ESTABLISHING A GRID AND ARTERIAL TRANSMISSION MAINS TRUST FUND FOR USE IN OVERSIZING GRID MAINS, CONSTRUCTING ARTERIAL TRANSMISSION MAINS, AND GRID MAINS AND IN REIMBURSING DEVELOPERS FOR CONSTRUCTING ARTERIAL TRANSMISSION MAINS, AND GRID MAINS, ESTABLISHING A DISTRIBUTION MAINS TRUST FUND FOR USE IN OVERSIZING DISTRIBUTION MAINS, CONSTRUCTING DISTRIBUTION MAINS, AND IN REIMBURSING DEVELOPERS FOR OVERSIZING AND CONSTRUCTING DISTRIBUTION MAINS OFF-SITE, PROVIDING FOR MAXIMUM EXTENSIONS AND DEVELOPER CREDITS FOR ACTUAL OFFSITE INSTALLATION COSTS UP TO THE AMOUNT OF THE LOT/ACREAGE FEE, PROVIDING FOR REIMBURSEMENT OF DEVELOPERS FROM FUNDS AVAILABLE IN THE RESPECTIVE TRUST FUNDS FOR THAT PORTION OF MAINS INSTALLED BY THE DEVELOPER UP TO THE MAXIMUM EXTENSION AND THAT REQUIRED BY THE DISTRIBUTION SYSTEM STANDARDS, AND PROVIDING FOR BI -ANNUAL REVIEW OF FEES AND SUFFICIENCY OF TRUST FUNDS. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 17069: AUTHORIZING A CONTRACT WITH HELDENFELS BROTHERS, INC. FOR CONSTRUCTION OF THE NORTH CORPUS CHRISTI BEACH PARKING LOT AND THE HILLCREST PARK MULTI-PURPOSE PLAYCOURT, AND APPROPRIATING $75,000 FOR THE SAID PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 17070: AUTHORIZING A CONTRACT WITH STEFEK CONSTRUCTION COMPANY FOR RETURN WATER LINE REPLACEMENT AT THE T. C. AYERS SWIMMING POOL AND APPROPRIATING $17,000 FOR THE SAID PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 17071: AUTHORIZING A CONTRACT WITH AMERICAN ROOFING AND CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE AGNES-LAREDO TRIANGLE MEDIAN PROJECT; APPROPRIATING $45,000 FOR SAID PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 17072: AUTHORIZING THE CITY MANAGER TO EXECUTE THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 6 AND 7 FOR THE WASHINGTON-COLES STREET IMPROVEMENTS PHASE III, APPROPRIATING $5,537 AND DECLARING AN EMERGENCY. The Charte Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 17073: AMENDING THE 1961 STORM DRAINAGE MASTER PLAN ADOPTED NOVEMBER 6, 1963, AS AMENDED, BY PROVIDING FOR TRANSFER OF APPROXIMATELY 60 ACRES FROM DRAINAGE AREA DESIGNATED M -A-2 TO DRAINAGE AREA DESIGNATED J -C-4; PROVIDING FOR CHANGING THE FLOW QUANTITIES, HYDRAULIC GRADE ELEVATIONS AND FLOW LINE ELEVATIONS ALONG THE WOOLDRIDGE-STAPLES DITCH; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting June 9, 1982 - Page 19 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 17074: AMENDING PLATTING ORDINANCE 4168 BY AMENDING SECTION V, REQUIRED IMPROVEMENTS, SUBSECTION B, MINIMUM STANDARDS, PARAGRAPH 3, SIDEWALKS. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 17075: EXTENDING AND AMENDING THE FRANCHISE GRANTED BY ORDINANCE NO. 13816 PASSED ON JULY 6, 1977 TO MR. ELI ABRAMS, DBA COURTESY ADVERTISING COMPANY, FOR AN ADDITIONAL PERIOD OF 5 YEARS. UPON SAME TERMS EXCEPT DELETING THE LIMITATION ON THE NUMBER OF BENCHES. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 17076: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JOHN T. TUCKER BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOT 9, SECTION 19, FLOUR BLUFF AND ENCINAL FARM & GARDEN TRACTS FROM "A-1" APARTMENT HOUSE DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 17077: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 A NEW SUBSECTION, 31-5-38, SETTING FORTH ZONING CLASSIFICATION ON THE HEREAFTER DESCRIBED TRACT OF LAND, WHEN ANNEXED TO THE CITY OF CORPUS CHRISTI, SAID AREA BEING DESCRIBED AS A PORTION OF THE EAST 1/2 OF LOT 3, BLOCK 2, NUECES RIVER IRRIGATION PARK; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following. vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, "absent". ********** Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Ms. Frances Cummings, Program Vice President for the League of Women Voters, stated that they would like to comment on the upcoming Charter Amendment Election. She explained that the League of Women Voters studied certain proposed amendments to the City Charter and had reached the conclusion that the City Council should have the authority to annex areas without voter approval if they are developed areas receiving all or a substantial amount of City services. She stated that the League also had voted that the proposed amendments to change the length of term of offico of Council Members or to stagger their terms or to Minutes Regular Council Meeting June 9, 1982 Page 20 change the date of City Council elections would not be in the best interest of City government. She stated that the reason for their conclusions were that the two-year term of office tends to make the Council more responsive to the electorate and to public interest and even though the election date is a problem, a change to an even numbered year would bring conflicts with either school board elections or state and national elections. She assured the Council that a majority of the members had voted on these proposed amendments. Mrs. Adele Ferrill spoke in favor of adopting a right of life resolution. She agreed that even though the Council could not make legislation, such a resolution would be very effective. She noted that thirty-five cities in Missouri have passed resolutions expresssing opposition to abortion and explained what other states and cities have done. Mrs. Beverly Wilson, 1729 Bois D'Arc Place, informed the Council that she is a nurse and provided information in regard to unborn children and their progress of growth. She urged passage of a resolution supporting the right to life. Mrs. Katherine Martin quoted an advertisement from Planned Parenthood which they published several years ago which indicated that they were opposed to abortion. She noted that now, they even have centers where abortions are performed. She urged that this City pass a resolution expressing their support of right to life. She informed the Council that other cities have passed resolutions similar to the ones proposed by Council Member Zarsky. Mr. Eugene Boles, 4602 McGregor Street, spoke on behalf of Pro Life, Inc., and quoted figures on the number of unborn children who have been killed through abortion methods. He expressed concern about the terrible effect that the abortions are having on the young people and how callous it leads some of them to be resulting in brutality to others. He expressed concern about the decreasing population also. Ms. Amy Werman, representing the Right to Life, stated that she is concerned about the babies that were found at the City dump. She pointed out that they are human beings and they wanted to ask the Council to take action to give them a decent burial. She stated that it was her understanding that the three bodies are still waiting at the morgue and stated that if the Council does not authorize a decent humane burial and if the City does not have the funds, then. the .Right to Life Organization would like to have the opportunity Minutes Regular Council Meeting June 9, 1982 Page 21 provide a burial service`for them. She then offered an alternative resolution to Mr. zarsky's for the Council's consideration. Ms. Werman explained that the resolution she was proposing addressed, in particular, the request that a humane burial be provided for the babies found at the dump. Mayor Jones requested City Manager Martin to find out why the bodies are still being held at the morgue. Council Member Zarsky reminded the Council that he had provided two resolutions previously and an additional one the preceding day and he would like to ask the Council to again consider passage of a resolution. Mayor Jones pointed out to Council Member Zarsky that all he had to do was make a motion to have a resolution passed, and if it is seconded, the matter will be voted upon. Council Member Zarsky then requested that he be allowed to read a letter he had written to them which would last about seven minutes. He reminded the Council he had brought this subject up and one of the Council Members indicated that they did not think it is a proper City matter to take a stand on the right to life, but the City's Legal Department has indicated that it is appropriate for the City to pass such a resolution. He then read his statement to the Council. (A copy of Council Member Zarsky's statement is attached to the vault copy of the Minutes). Mayor Jones informed Mr. Zarsky that he has the right to make a motion to adopt a resolution but that motion has not been made. Council Member Zarsky stated that he would like to recommend to the Council that they pass one of the resolutions that he has presented or Mrs. Werman's resolution which she had presented to the Council that day. A motion was made by Council Member Zarsky that the resolution presented by Mrs. Werman be adopted to allow for a decent burial for the children found in the City dump. Council Member Hawkins stated that one of the problems he has with this resolution, even though his position may be the same as Council Member Zarsky's, is that he does not feel that it would be appropriate for the City Council to pass such a resolution. Council Member Zarsky then asked about the method of disposing of babies when they are found at the City dump. Minutes Regular Council Meeting June 9, 1982 Page 22 Mayor Jones reminded him that he has requested the City Manager to find this out and report next week. Council Member Zarsky stated that the Right to Life Organization has offered to have a decent burial for the three babies and suggested that this offer be accepted. Mr. Zarsky's motion failed for lack of a second. There being no further business to come before the Council, on motion by Council Member Zarsky, seconded by Council Member Dumphy and passed unanimously, the Regular Council Meeting was adjourned at 7:40 p.m., June 9, 1982. Planning Commission Recommendations Community Development Block Grant 8th Year May 11, 1982 Parks, Playgrounds & Other Recrea- tional Facilities Meadow Park Recreation Center Greenwood Park Grading & Fill Street Improvements Washington -Coles Phase IIB Spohn Hospital Area Phase II Furman School Area Phase I George Evans School Area Phase I Utility Relocation Water & Sewer Facilities Broadmoor Park Drainage Lateral Projects Rehabilitation of Private Properties Rehabilitation Program Code Enforcement Local Option and Contingencies Planning and Administration Development of a CD Plan Housing Counseling Program General Administration Rehab Administraion Other City CDBG Total (1)25,000 (2)300,673 325,673 (1)Monies from 7th Year CDBG (2)Rollover CDBG monies from previous years available for transfer (3)20", Assessment Rate 280,000 280,000 50,000 50,000 125,000 (3)66,000 264,000 330,000 (3)90,000 360,000 450,000 (3)240,000 960,000 1,200,000 (3)134,043 670,214 804,257 571,280 571,280 150,000 150,000 200,000 200,000 299,327 600,000 15,000 15,000 200,000 200,000 100,000 100,000 87,460 87,460 93,055 93,055 352,664 352,664 580,043 4,653,000 5,558,716 Recommended 8th Year Project Descriptions Meadow Park Recreation Center 1. Proposed Funding: $280,000 2. Project Description: Construction of a 2,000 sq. ft. classroom/social hall. Addi- tional improvements will include the refurbishing of the restrooms, the addition of a kiln room, the reduction of glass area by the installation of metal louvers over the windows and the recovering of the play slab. Greenwood Park Grading & Fill 1. Proposed Funding: $125,000 (which includes $25,000 from 7th Year CDBG; $50,000 from City funds; and $50,000 proposed under this year's CDBG Program) 2. Project Description: The improvement and expansion of Greenwood Park through the use of fill materials and grading (Monies from 7th Year will also be utilized for this purpose). Washington -Coles Phase IIB 1. Proposed Funding: $330,000 (which includes $66,000 from City funds and $264,000 proposed under this year's CDBG Program) 2. Project Description: This program provides for total reconstruction of neighbor- hood streets to eliminate roadside ditches, widen streets, improve drainage and increase the safety of pedestrians by providing sidewalks. Curb and gutter, sidewalks, driveways and storm sewers are to be provided. Elimination of un- sightly roadside ditches and construction of these improvements will improve the health and welfare of the citizens of the area and thus improve.the quality of life. Spohn Hospital Area Phase II 1. Proposed Funding: $450,000 (which includes $90,000 from City funds and $360,000 proposed under this year's CDBG Program) 2. Project Description: The complete reconstruction of Third and Elizabeth Streets 3n the Spohn Hospital Area. Furman School Area Phase I 1. Proposed Funding: $1,200,000 (which includes $240,000 from City funds and $960,000 from this year's CD3G Program) - 2. Project Description: This program encompasses the first phase of the total re- construction of -neighborhood streets in the Furman School Area. George Evans School Area Phase I 1. Proposed Funding: $804,257 (which includes $134,043 from City funds and $670,214 proposed under this year's CDBG Program) 2. Project Description: This project encompasses the first phase of the total re- construction of neighborhood streets in the George Evans School Area. Utility Relocation 1. Proposed Funding: $571,280 2. Project Description: This project encompasses the relocation and replacement where necessary of utilities including water, gas and wastewater in all of the street projects included within the 8th Year Community Development Block Grant Program. The majority of this will be carried out by City crews on a forced account activity. Broadmoor Park Drainage 1. Proposed Funding: $150,000 2. Project Description: This project will provide an enclosed conduit drainage system along Whiting Drive, Whittier Drive and Robin Drive between Lanier Drive and Churchill Drive. This area was developed with streets on very flat grades and a minimum amount of storm sewers, thus causing ponding and deterioration of the street pavement. These proposed improvements will minimize such prob- lems and make it possible for some street rework to further improve the standing water problem. Lateral Projects 1. Proposed Funding: $200,000 2. Project Description: Sewer laterals to run off major trunk lines as needed in CDBG eligible areas. Rehabilitation Program 1. Proposed Funding: $600,000 (which includes $300,673 from rollover CDBG funds and $299,327 proposed under this year's CDBG Program) 2. Project Description: This proposed funding would be available for inclusion in the revolving rehabilitation loan fund under the Corpus Christi Rousing Improve- ment Corporation. Includes $30,000 for the Community Development Corporation. Code Enforcement 1. Proposed Funding: $15,000 2. Project Description: These funds are to be utilized as a supplement to local matching funds utilized in the City Code Enforcement Program. This enforcement program is responsible for such problem areas as substandard housing and premises care (high weeds and grass). Local Option and Contingencies 1. Proposed Funding: $200,000 2. Project Description: Funds available at local discretion for utilization in meeting cost overruns or the funding of additional eligible projects presently not proposed. Planning 1. Proposed Funding: $100,000 2. Project Description: The Planning Division of the Department of Urban Development has the lead responsibility for preparing neighborhood plans. Studies are con- ducted to identify neighborhood problems and needed improvements that require pub- lic action and specifically action under the Community Development Block Grant Program. Housing Counseling Program 1. Proposed Funding: $87,460 2. Project Description: Delinquency and default counseling directly related with loans made under the Rehabilitation Program. General Administration 1. Proposed Funding: $93,055 2. Project Description: Costs associated with the direct administration of the over- all Community Development Block Grant Program are funded under this line item. Rehabilitation Administration 1. Proposed Funding: $352,664 2. Project Description: Costs associated with the administration of the Community Development Block Grant Rehabilitation Program. z• Recommended Projects to be Included in Reprogrammed Funds T. C. Ayers Park Pool Improvements 1. Proposed Funding: $17,000 2. Project Description: The replacement of the filtration system of the T. C. Ayers Park Pool. Greenwood Park Sanitary Sewer Improvements 1. Proposed Funding: $10,000 2. Project Description: The replacement of a collapsed 4" sanitary sewer line with a 6" sanitary sewer line running from the Greenwood Park Softball Field to Greenwood Road. Women's Shelter Rehabilitation 1. Proposed Funding: $60,000 2. Project Description: The complete reconstruction of a structure located behind the present Women's Shelter into six dwelling units. These units will be utilized as housing for a Phase II long-term program (three months) for battered wives and husbands and their children. Boys Club Parking Lot Improvements 1. Proposed Funding: $40,000 2. Project Description: The enlargement and repaving of the existing parking area located directly in front of the Boys Club Center. Timon Connection to Surfside 1. Proposed Funding: $140,000 2. Project Description: Under the 7th Year Program, $150,000 was provided for right of way acquisition for the street connection. These additional funds will provide for the connection of the street. 5177vai ,W- i 7 Z ,#9,e°sx The concern which I brought up about the. recent discovery of human fetuses at the City dump has brought forward the comment from one council member and the local newspaper that such a concern is not a proper topic for me to raise in the City Council, and that to suggest a resolution be adopted to protect life is out of order. Please allow me to explain why it is a concern for me and why I consider it a proper concern for the Council. Many people were dismayed to hear of such a gruesome report of the three human fetuses which were discarded at the city dump as so much refuse, as if someone didn't care as much for them as most people care for a dead animal and bury it. How these three babies died no one will ever know, but I do know that there are hundreds, yes thousands of unborn babies that are deliberately and intentionally killed in the City of Corpus in abortion clinics. This is a serious concern for me because for many years I served as a prosecutor and it was my sworn duty to protect the innocent as well as to prosecute the guilty. I feel so strongly about the unborn being killed because I have prosecuted so many murder cases and I am accustomed to speak for the dead. I have always had a special empathy for the dead because they couldn't speak for themselves, and the murderer could always lie and the dead person could not speak out in his or her own defense. I am also so very concerned because of the procedural denial to the unborn. As a prosecutor it was always my burden to prove a defendant guilty beyond a reasonable doubt, which is a basic right of all persons, but it has never been proven beyond a reasonable doubt that an unborn baby is not a human person. As a matter of fact scientific evidence is positive that the unborn is a separate living creature, and not just tissue of the mother. It is a fact that the unborn have a separate heart, individual fingerprints, distinct blood type, and is capable of doing most of the same things a baby does after it is born. The Supreme Court in allowing the unborn to be killed, admitted that they did not know when life began, yet they allowed the killing. They said "Idon't know if you are innocent, therefore you are guilty." Their decision is illogical and contrary to all the judical interpretation of law on the rights of the unborn, because our laws allow an unborn to sue for damages, receive inheritances, and even receive social security benefits. The Courts have not deprived the unborn of incidental rights but have denied the important right, life itself. How ridiculous is the denial of the right to life of the unborn, when they can be killed in the womb up to the moment of delivery, but if they are fortunate enough to have a premature birth at any period before full term they will be given all the rights of citizenship. At the present time the greatest period of danger for any person is before they are born, while still in the mothers womb. I have a serious concern for all those unborn babies because all reasonable evidence shows that they are natural persons, and there is no credible proof to the contrary, if I remain silent with this conviction in my mind and heart, I cannot live in peace with myself, for such silence would betray all that I know about the civilized law that S respect, and the principle of right and justice to all is a mockery. If I fail to condemn the wrong action of killing the unborn I cannot respect myself, and I fear that in fail- ing to speak for the unborn I am actually an accomplice to the atrocity. The definition of an accomplice in criminal law is any person who proposes aid of any kind, prior to the commission of an offense, for the purpose of assisting the principal in the execution of the same. I am indirectly aiding the principal, in helping to pay the doctor and the clinic their fee to kill the unborn by the taxes I pay. The abortion business is a big business, as indicated by an article in the local paper indicating doctors and clinics make between $300.00 and $800.00 for each killing. At 1.5 million jobs a year it is a multi million dollar business. -1- %7-tL ,.t._ , I 9, /I. Pa, (?/' .) Just think what chance a baby has if its mother is counciled in on abortion clivi. And who has the greatest conflict of interest in promoting abortion than those who make the millions out of it. For anyone who is concerned about humane' treatment in termination of animals they should be aware of the inhumane methods that are used in killing the unborn. If anyone who doubts the inhumanity and barbarism in the execution of a baby in an abortion, then I ask them to view the remains from an abortion, or if that is too horrible, I can furnish pictures. The mutilation that is made of the aborted baby is horrible and sick- ening and would be a sufficient reason to arrest and jail anyone who treated an animal in our City in the same manner. If there were no other reason why I am concerned, I would like to think that human fetuses should be treated as well as animals. There is another concern that I have, and I think we all will have sooner or later, which is the result of abortion on demand, and that is the loss of respect for life. The Jewish people, who know something about suffering have a saying "He that saves one life saves all humanity". They know that once a society decides it wants to get rid of a class of people, that society can provide the judges and courts to make it legal. The experience of extermination of over 6 million Jews made that a historical fact. We have 'witnessed a greater destruction of unborn babies in the United States than all the Jews that were killed, not for the same reason, but killed nevertheless. In our Country it is done for the convenience of someone, rather than the purification of the Aryan race, which was the reason for the Jewish extermination. But we will now see a new reason for termination of life, and that is the quality of life. If life is not sufficiently high quality it will be terminated, and that is not an opinion, it is already a fact. The Supreme Court of Indiana has made legal the killing of a born child because the parents didn't think it had sufficient quality. This Indiana killing was the result of premediated, aggessive and teancious action in the hospital and in the court. Such a killing is not an aberration, it was part of a social program to serve the convenience of adults by authorizing adults to destroy inconvient young life. The arguments of the parents were the same arguments that the abortion ethic has established, what else - "freedom of choice" The freedom to choose to kill inconvenient life. I defy anyone to explain by the principals approved in this case, why parents do not have the right to kill by calculated neglect any baby that parents decide would be inconvenient. The message that is clear from this deranged reasoning is that being an unwanted baby is a capital offense. In 1973 the Supreme Court created a virtually unrestrictable right to kill fetuses. Critics of the ruling were alarmed because the court failed a burden of saying why the fetus, which is unquestionably alive, is not protectable life. Critics were alarmed also because the court, having incoherenty emphasized "viability", offers no intelligible reason why birth should be the point at which discretionary killing stops. Critics feared what is happening, the killing will not stop. The values and passions and logic of the "abortion rights" movements have always looked toward the result in Indiana which affirms a broader right to kill. Their trick is to argue that the lives of some, including those already born are not sufficiently "meaningful" to merit any protection that inconvience an adults freedom of choice. I am concerned for this city and for our country, because as a member of the legal profession I see the most flagrant violation of our Constitution by one branch of govern- ment, the Judicial,. The Founding Fathers charged all three branches of our government with upholding and'interpreting the Constitution. Through checks and balances, they intended to prevent total ursupation of authority and dictatorial control by any one branch. -2- Unfortunately, the Supreme Court and the legal establishment have claimed for themselves, not only a judicial review but now one of judicial supremacy. They have set up the Supreme Court as the final arbiter of the Constitutionality of the acts of Congress and the executive branch even though there is nothing in the Constitution to justify the power grab. We have seen this Supreme Court of a twelve men deny the personhood of the black man, by declaring they are not a person but a piece of property, and;in 1973 institu- tionalize death for the sake of convenience. Who is responsible for allowing such foolhardy decisions? When the Supreme Court ruled in "Dred Scott" that blacks were not citizens, Abraham Lincoln flatly rejected the courts decision, saying that if the time ever comes in which a free people would give immediate assent to the opinion of the judges, then we would cease living in a free country and be under the domination of tyrants. Is it possible that such a time has come? I cannot and I will not be a silent participant in the dictates of such a tryannical decision. It is reported that I act as a result of my own personal value system, and that I try to foist it off on others. My value system is the traditional Judaeo•Christian ethics system that is the value system established by the Founding Fathers of this great country,and the basic philosophy of the Federal and State criminal law., From the beginning of this great democracy the very foundation has been the value system I respect and to which I pledge my allegiance. My value system is the same as The Declaration of Independence which was the beginning philosphy of this Country and it clearly acknow- ledges that all mans rights come from God, and not from man. It boldly asserts "We hold these truths to be self evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among those are Life, Liberty and the Pursuit of Happiness." - Though I am accused of disservice to the community by promoting the cause of life for all people in Corpus Christi, and though I am accused of stirring up disharmony, I am sure that you would agree some important issues do not permit silence and inaction. I feel certain that if you were confronted with the inequity of slavery of the black man you could not remain silent or inactive, even though the Supreme Court had ruled that black men were nothing more than personal property, which could be bought, sold and disposed of as any other personal property. I am firmly convinced that the decision of the Supreme Court in denying personhood to the black man is morally and constitutionally wrong, and I am just as firmly convinced that the Supreme Court is morally and constitu- tionally wrong in denying personhood to the unborn. The Supreme Court has twice attempt- ed to be the supreme authority in denying personhood, contrary to the authority given by our Constitution. One mistake has been corrected by the people, in the 13th and 14th amendment, firmly establishing the rights of the black man. We should, and we can do no less for the weakest class of our citizens, the unborn. We must speak out and act in everyway in our power to protect the greatest possession and right of every person, life itself, and especially for the weakest of our citizens, the unborn, so that the possible future generationsmay share the wonder of life given by our Creator. I am saddened, disgusted, and mad at those who advocate the violation of the basic right for life, and promote death, whether for convenience, or for money, or for any other motive, all of which is fatal to the most unprotected person of the human race, the unborn. If we will not protect the weak and speechless members of our future society, the unique ideals and humane advancement of civilization, affirmed in our Declaration of Independence, will be in vain, and our society will degenerate and passyaway,like all others in the history of mankind that were unmindful of the basic rights of others.