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HomeMy WebLinkAbout13403 ORD - 09/15/1976JKH:vp:9 /15 /76.1St TEXAS: AN ORDINANCE AMENDING ORDINANCE NO. 13371, PASSED AND APPROVED BY THE CITY COUNCIL ON SEPTEMBER 1, 1976, BY AMENDING THOSE PORTIONS OF THE ORDINANCE PERTAINING TO APPROP- RIATION OF FUNDS SO AS TO REFLECT FUND APPORTIONMENT AND APPROPRIATION AS FOLLOWS: OF THE TOTAL APPROPRI- ATION OF $66,000, $31,000 IS APPROPRIATED OUT OF THE NO. 291 PARK BOND FUND, APPLICABLE TO PROJECT NO. 291- 72-5.7; $25,000 IS OUT OF THE 1975 COMMUNITY DEVELOP- MENT GRANT FUND; AND $10,000 IS OUT OF THE 1976 COMMUNITY DEVELOPMENT GRANT FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That Ordinance No. 13371, passed and approved by the City Council on September 1, 1976, be and the same is hereby amended by amending those portions of the ordinance pertaining to appropriation of funds, so as to reflect fund apportionment and appropriation as follows: appropriating a total of $66,000, of which amount $31,000 is appropriated out of the No. 291 Park Bond Fund, applicable to Project No. 291- 72 -5.7; $25,000 is out of the 1975 Community Development Grant Fund; and $10,000 is out of the 1976 Community Development Grant Fund. SECTION 2. Except as herein and hereby amended, the other provi- sions and conditions of Ordinance No. 13371 shall be and remain in full force and effect. SECTION 3. The necessity to make the hereinabove described changes to Ordinance No. 13371 at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency'and necessity to exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED,• this the J � day of September, 1976. ATTEST: City Secretary APPROVE: DAY OF SEPTEMBER, 1976: J. B C CDC City Attorney By THE CITY OF CORPUS CHRISTI, TEXAS MICROFILMED JL3403 JUN 3 01980 CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) September 14, 1976 * 31 000 L I certify to the City Council that $ > , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of:' Fund No. and Name 291 Park Bond Fund . Project No. 291- 72 -5.7 Project Name West Oso Tennis Court Improvements from which it is proposed to be drawn, and such money is not appropriated for any other purpose. Source of Funds: f. $16,000 City Contribution -Park Bond Fund $15,000 West Oso Independent School $31,000LDistrict as per agreement authorized by Ordinance #13372. * Subject to the authorization and execution of an Agreement of Cooperation with the West Oso Independent School District and payment S.h7? of $15,000 to the City by the School Dis`trict- as stipulated in the agreement FIN 2 -55 Revised V31/69 CORPUS CHRISTI, TE AS DAY OF , 19]L TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY TH FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON ' EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE A80VE ORDINANCE WAS PASSED BY TH 1 OWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE - UI�d`3 s� �4 � � �� � ,.131 C . INTER- OFFICE COMMUNICATION = Dept. To City Manager R. Marvin Townsend From Mayor Jasan Luby Date September 17, 1976 Subject Ordinance No. 13371 This is to advise you that I intend to veto the ordinance amending Ordinance No. 13371, which was presented as Item s on the agenda of September 15, as follows: s. AMENDING ORDINANCE 110. 13371, PASSED AND APPROVED ON SEPTEMBER 1, 1976, BY AMENDING SECTION OF ORDINANCE DEALING WITH APPROPRIATION OF Fn-DS TO REFLECT FM1 APPORTIONMENT AND APPROPRIATION AS FOLLOWS: TOTAL APPROPRIATION TO BE 1,2ZE IS TO BE $66,000 OF WHICH APPROPRIATION $31,000.00 IS'APPROPRIATEI) OUT OF THE 1,10. 291 PARK BOND FUND, APPLICABLE TO PROJECT NO. 291- 72 -5.7, $25,000 OUT OF THE 1975 CO.LKUNITY DEVELOPMENT GRANT FUND, AND $10,000 OUT OF THE 1976 CO.KUNITY DEVELOPMENT GRANT FUND; AND DECLARING AN EMERGENCY. I questioned this transfer of funds when it was presented, but was persuaded to vote for the emergency .passage�at the Assistant City h'anager's urging that immediate action was essential because of a deadline.'' I had.just flown in -from two -heavy days of hearings in Austin and was not properly briefed on this question. Now that I have had time to study the'Ordinance;'I find that my questions were not satisfactorily answered and I am not comfortable with the proceeding, so I am exer- cising my power of veto on this Ordinance. This memorandum will serve as the veto to -the Ordinance. JL:ebc Minutes Regular Council Meeting September 22, 1976 Page 6 SECOND READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 53 -252, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, BY ADDING THERETO ITEMS WHICH WILL HAVE THE EFFECT OF PROHIBITING PARKING AT ALL TIMES ON THE EAST SIDE OF WALDRON ROAD, FROM PURDUE STREET TO GLENOAK STREET, AND ON THE WEST SIDE OF WALDRON ROAD, FROM A POINT 1,745 FEET SOUTH OF PURDUE STREET TO GLENOAK STREET; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye "; Luby absent. ORDINANCE NO. 13404 THIRD READING OF AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO A CERTAIN PARCEL OR TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CITING ANY OTHER PARTIES WHO MAY HAVE INTEREST OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCEL NO. 1 FOR THE EXPANSION OF INWOOD PARK; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE RECORD OWNER, CLINTON MANGES, TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE. The foregoing ordinance was read for the third time and passed finally by the•following vote: Tipton, de Ases, Gill, Lozano and Sample, present and voting "Aye "; Gulley voting "Nay "; Luby absent. ORDINANCE NO. 13405 THIRD READING OF AN ORDINANCE AUTHORIZING ESTABLISHMENT OF A DEFERRED COMPENSATION PLAN FOR CITY EMPLOYEES The foregoing ordinance was read for the third time and passed finally by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye "; Luby absent. ORDINANCE NO. 13406 AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE CRIMINAL JUSTICE DIVISION FOR SECOND YEAR FUNDING FOR THE RAPE CRISIS CENTER, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AND OTHER NECESSARY DOCUMENTS IN ORDER TO EFFECT THE GRANT, IF AND WHEN APPROVED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye "; Luby absent. ORDINANCE NO. 13407 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CORPUS CHRISTI SYMPHONY BY THE TERMS OF WHICH THE CITY OF CORPUS CHRISTI WILL PAY $12,000 AS LOCAL MATCHING FUNDS FOR AN OUTREACH PROGRAM FUNDED BY A GRANT FROM THE NATIONAL ENDOWMENT OF ARTS AS PROVIDED FOR TN THE 1976 -77 BUDGET, AND ACCORDING TO THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A ", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Lozano and Sample, present and voting "Aye "; Gulley voting "Nay" Luby absent. ORDINANCE NO. 13408 AUTHORIZING THE CITY MANAGER TO EXECUTE, FOR THE CITY OF CORPUS CHRISTI, AS THE ADMINISTRATIVE UNIT OF THE COASTAL BEND MANPOWER CONSORTIUM, ALL CETA NONFINANCIAL AGREEMENTS APPROVED BY THE MANPOWER EXECUTIVE COMMITTEE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye "; Luby absent. .. ✓ ' "'nutes Regular Council'•Meeting September 22, 1976 Page 5 Motion by Gill, seconded by Lozano, that item "1" be approved. There was further discussion. City Manager Townsend again explained the Staff's interpretation of the ordinance. Mr. House asked that item "1" be tabled for one week because he believes City Manager Townsend's interpretation as to the requirements of the ordinance is erroneous. Motion by de Ases, seconded by Gulley and passed - -with Gill voting No - -to table item "1" of the City Manager's Report for one week. Mayor Pro Tem Tipton recessed the meeting at 3:40 p.m. prior to a Special Meeting to consider four zoning cases. The Regular Council Meeting was resumed at 4:15 p.m. City Manager Townsend announced consideration of the Mayor's veto of Ordinance No. 13403 passed on September 15, 1976, as follows: "Amending Ordinance No. 13371, passed and approved on September 1, 1976, by amending the section of the ordinance dealing with appropriation of funds to reflect fund apportionment and appropriation as follows: Total appropriation to be made is to be $66,000 of which appropriation $31,000 is appropriated out of the No. 291 Park Bond Fund, applicable to project No. 291- 72 -5.7, $25,000 out of the 1975 Community Development Grant Fund, and $10,000 out of the 1976 Community Development Grant Fund; and declaring an emergency." Motion by de Ases, seconded by Sample and passed - -with Gill voting No - -that the Mayor's veto of Ordinance No. 13403 be overridden. City Manager Townsend next presented the ordinances. There was no discussion from the audience pertaining to the ordinances. City Secretary Read polled the Council. All ordinances passed, as follows: SECOND READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 13 -2, AMENDMENTS TO THE BUILDING CODE, BY REPEALING SUBSECTION 2101.11 IN ITS ENTIRETY; ADDING TO CHAPTER 53, ARTICLE VI, STANDING AND PARKING, DIVISION 4. PARKING METERS, A NEW SECTION TO BE NUMBERED 53 -195, TO PROVIDE FOR COVERAGE OF PARKING METERS FOR USE OF CONTRACTORS FOR CONSTRUCTION OR REPAIR OF BUILDINGS WHICH, UNDER THE BUILDING CODE, DO NOT REQUIRE ERECTION OF BARRICADES OR BARRIERS, AND BY ADDING A NEW SECTION TO BE NUMBERED 53 -196, TO PROVIDE FOR RENDERING CURB SPACE UNUSABLE AS RESULT OF ERECTION OF BARRICADES DURING CONSTRUCTION OR REPAIR OF BUILDINGS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye "; Luby absent.