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HomeMy WebLinkAboutMinutes City Council - 08/21/1968PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Ronnie Sizemore Commissioners: Dick Bradley, Jr. Dr. P, Jimenez, Jr. Gabe Lozano, Sr. Ken McDaniel W. J. Roberts MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING August 21, 1968 2:00 P. M. Acting City Manager Wayland Pilcher City Attorney 1. M. Singer City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order. The Invocation was given by the Reverend Maurice Cadwalder of First Assembly of God Church. City Secretary T. Pay Kring called fhe roll of those in attendance. The Minutes of the Regular Council Meeting of August 7, 1968, were approved as furnished to the Council. Mayor Blackmon recognized Miss Jane Trigg, acting chairman of the Sister City Committee, and presently chairman of the hosting committee for four visiting Japanese students in the City for a nine -day visit in connection with the Sister City Student Exchange Program. Miss Trigg presented the four students to the Council, representing their respective high schools in Japan, Minako Takahashi, Tazura Yamamoto, Norimasa Saito, and Fukashi Tomine. Mayor Blackmon presented individual Honorary Citizenship Certificates, a plaque on which the name of each student was engraved to be delivered to Mayor Nagano for display, and invited them to a Flag -raising ceremony to take place in Sherrill Park in their honor tomorrow morning. A leather catalog case as a personal gift to Mayor Nagano was also presented. Mayor Blackmon, on behalf of the Board of Firemen's Relief and Retirement Fund Trustees of Corpus Christi, presented a 20 -year Service Certificate to Captain A. G. Shaw, partici- pating member and entitled to be retired under provisions of House Bill No. 258, Acts of the 45th Legislature. Mayor Blackmon read and presented a proclamation designating the week of August 18, 1968, as PHYSICAL FITNESS WEEK, urging support of parents and school officials to encourage their children to participate in the Program. The proclamation was received by Mr. W. R. Bierschwale, District Representative for Quaker Oats Company. Minutes Regular Council Meeting August 21, 1968 Page 2 Mayor Blackmon announced the nomination of Neal G. Turner, and William H. Wallace, Jr., representing the oil industry and the public at large respectively, to replace Commissioners Roberts and McDaniel, on the Bay Drilling Committee. Motion by Roberts, seconded by McDaniel and passed, that the foregoing nominations be confirmed and approved. Mayor Blackmon announced the pending item of the recessed public hearing on assessments for improvements on UpRiver Road, from Leopard to I. H. 37. Mr. Donald V. Kingsbury, owner of Lot A, Bancroft Dodge Annex, presently zoned "R -1B" and 100 percent assessed on the preliminary assessment roll, appeared and statedhe felt if he is going to pay the greater assessment, his property should be rezoned for apartment use and requested that the Staff, under the provisions of the City Charter, initiate the proceedings. Acting City Manager Pilcher stated that he would recommend that the Staff initiate proceedings to rezone the subject property for apartment use, and that the assessment be increased from $918.30 to $1,269.00 to coincide with the higher zoning classification. Mr. Marshall Boykin, III, attorney, appeared on behalf of the Woodlawn Presbyterian Church property, Lots 12 and 13, Woodlawn, and stated they felt if by virtue of the improvements, a curb would be installed along the parking area on the property line preventing the existing head -in parking, then the church feels the property will not be enhanced to the amount of the assessment. Acting City Manager Pilcher stated the testimony offered at the hearing having been duly considered, it is the recommendation of the Staff that the hearing be closed and the assessment roll be approved with the following adjustments and corrections: Item #25, Mary Andrews Randall - Lots 1, 2, 3, and 4, Block 1, Geneva Heights, be adjusted to give full credit for existing improvements and that no assessment be imposed; Item #26, James A. Creighton, Lot A (S297' of E1/2) Woodlawn 42, be adjusted from $318.59 to $206.84, giving some credit for existing curb and gutters; Item #27, Miss May Blythe - Lot B (5297` of W1/2) Woodlawn #2, be adjusted from $318.59 to $206.84,.giving some credit for existing curb and gutters; Minutes Regular Council Meeting August 21, 1968 Page 3 Item #37, Donald V. Kingsbury, Lot A, Bancroft Dodge Annex - increase the assessment from $918.30 to $1,269.00 based on intent of the Staff to rezone for apartment use. Acting City Manager Pilcher asked that it be noted that L. K. Sherrill, owner of Lot 1, Block 3, Retama Grove Subdivision, had been officially notified of the hearing today. Mr. Sherrill did not receive the proper notification of the hearing held on August 14. Motion by Lozano, seconded by Bradley and passed that the hearing be closed. Motion by Sizemore, seconded by Roberts and passed, Jimenez abstaining, that the assessment roll for improvements to UpRiver Road from Leopard to I.H. 37, withadjustments and corrections,as recommended by the Staff, be approved. Mayor Blackmon called for the City Manager's Reports. Motion by McDanieL, seconded by Roberts and passed, that the City Manager's Reports, Items "a" through "h", with Items "e" and "g" considered separately, be accepted, and that the recommendations and requests be granted and approved as follows: a. That the award of bid on one Gas Fired Incinerator for the Humane Department, be made to The Gilmin Company, Inc., on the basis of low bid meeting specifications, in the amount of $11,374.00; (Bid Tabulation #42-68) b. That the award of contract for construction of the Ocean Drive Improvements, Unit III, Hewit to Airline, be made to Heldenfels Brothers on the basis of low bid meeting speficiations lb the amount of $1,248,514.40; that a total appropriation in the amount of $1,300,000.00 be made, of which amount $1,169,000.00 is from 220-67-97 Street Bond Fund; $15,000.00 is from 250-67-66, Sewer Bond Fund; and $116,000.00 is from 202-69-30 Water Fund, the foregoing .amounts including contract price and contingencies, be approved; c. That the date of September 9, 1968, 2:00 p.m., Special Meeting, be set for public hearing on paving assessments on Ocean Drive Improvements, Unit III, Hawit to Airline. d. That the award of contract for the improvements of UpRiver Road from Leopard to I.H. 37, be made to Fowco Construction Company, on the basis of the low bid meeting specifications, in the amount of $125,118, and that an appropriation in the amount of $135,000 to cover cost of contract and related expenses, be approved; e. (Acceptance of West Port Area street improvements, considered separately). Minutes Regular Council Meeting August 21, 1968 Page 4 f. That an appropriation in the amount of $957 to cover cost and incidental expenses for acquisition of Parcel #12 from the owner, Paul Ray Wimberly, applicable to Ocean Drive improve- ments, be authorized; g. (Zoning cases considered separately). h. That an agreement to waive collection of a paving assessment against property owned by the State of Texas at the intersection of North Staples Street and Mestina in consideration of the States' agreeing not to contest a zero dollar valuation for a portion of the same property needed to widen North Staples Street, be authorized. In connection with Item "e" relative to acceptance of the West Port area street improvements, Mr. Joe Fulton, Vice President of Burtex Constructors Inc., appeared and protested the City's proposal to withhold $1,500 in damages because the project was not completed within the specified length of time, and stated that the City should not have a penalty clause unless it also has a bonus clause. Mr. Fulton further explained that the project was an unusual one due to the unusual weather conditions, the City's laying of utility lines, and not being allowed to close the street to traffic, and that he does not feel the company should have been charged for exceeding the 150 days time allotted for completion of the project. He stated this action could be a deterrent to other bidders on similar construction project in the future, and asked that the matter be tabled until his attorney, Mr. Ford, returns to the City. Public Works Director Jack McDaniel, explained that the City allowed a credit of nine days, and that it had been concluded that the over -run of time was due to the lack of coordination between Burtex and a sub -contractor working on the project. He further stated that the West Port project was started before the Ocean Drive improvements and that it was completed afterward. Motion by McDaniel, seconded by Roberts and passed, with Jimenez voting "Nay", that an ordinance be brought forward to the effect that the West Port area street improvements, including Post, Ryan, Virginia, Curtis, Soledad, Burnet, Niagara and Reynosa, be accepted and final payment of Estimate No. 10, in the amount of $27,052.23 representing the balance due the contractor, less $1,500 retained as liquidated damages in accordance with the provisions of the contract, be approved, and that Burtex officials negotiate further with the Legal Department for the retained $1,500. Minutes Regular Council Meeting August 21, 1968 Page 5 Acting City Manager Pilcher presented zoning Application #965-7, Jose Luis Arias, Sr., for change of zoning from "R -1B" to "B-4" on Lot 4, Block 1, Casa Blanca Addition on which a public hearing was held October 20, 1965, and stated it was the recommendation of the Staff that it be denied in order to deter strip -type zoning along Greenwood Drive. Motion by Sizemore, seconded by McDaniel, Jimenez and Roberts abstaining, that the recommendation of the Staff be concurred in and that the foregoing zoning application be denied. Acting City Manager Pilcher presented zoning Application #166-4, Jon B. Held, for change of zoning on Lot 6, Block 40, Flour Bluff and Encinal Farm and Garden Tracts, on which a public hearing was held February 23, 1966, and stated it was the recommendation of the Staff that it be approved as requested. Motion by Sizemore, seconded by McDaniel and passed, Roberts abstaining, that Application #166-4, Jon B. Held, for change of zoning from "R -1B" One -family Dwelling District to "1-2" Light Industrial District on the north half of Lot 6, Block 40, Flour Bluff and Encina) Farm and Garden Tracts, fronting 660 feet along the northwest right of way line of Flour Bluff Road and extending to a depth of 660 feet, be approved as requested and that an ordinance be brought forward effectuating the change. Acting City Manager Pitcher presented zoning Application #166-2, Mark P. Bratton, for change of zoning from "R -1B" One -family Dwelling District to "1-2" Light Industrial District on Lots 1 through 50, Block 1, and Lots 1 through 30, Block 2, Kibby Industrial Subdivision, on which a public hearing was held February 16, 1966, and stated the recommendation of the Staff was that the request be denied because of failure to file the plat, and that due to the nature of the industrial zoning, the Staff feels that property owners in the area should be notified before any final action by the Council to zone this property for industry. Motion by Bradley, seconded by Lozano and passed, Roberts abstaining, that the recommendation of the Staff be concurred in and that the foregoing application be denied as recommended. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A FIVE-YEAR EXTENSION OF THE LEASE WITH COASTAL BEND RENT -A -CAR, INC., ORIGINALLY AUTHORIZED UNDER ORDI- NANCE NO. 7710, AS AMENDED BY ORDINANCE NO. 8327, SAID LEASE PERIOD TO BEGIN AUGUST 8, 1968, AND PROVIDING FOR MINIMUM RENTALS, AS SHOWN ON THE EXTENSION AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF. Minutes Regular Council Meeting August 21, 1968 Page 6 The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts, present and voting "Aye". SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A FIVE-YEAR EXTENSION OF THE LEASE WITH NATIONAL CAR RENTALS OF CORPUS CHRISTI,INC,, ORIGINALLY AUTHORIZED UNDER ORDINANCE NO. 7711, AS AMENDED BY ORDINANCE NO, 8326, FOR MINIMUM RENTALS, AS SHOWN ON THE EXTENSION AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts, present and voting "Aye". SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A FIVE-YEAR EXTENSION OF THE LEASE WITH HERTZ CORPORATION ORIGINALLY AUTHORIZED UNDER ORDINANCE NO. 7709, AS AMENDED BY ORDINANCE NO. 8325, SAID LEASE PERIOD TO BEGIN AUGUST 8, 1968, AND PROVIDING FOR MINIMUM RENTALS, AS SHOWN ON THE EXTENSION AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts, present and voting "Aye". SECOND READING OF AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS 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. 6106, AS AMENDED, UPON APPLICATION OF PHARAOH ENTERPRISES LTD., BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON FOUR TRACTS OF LAND LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS FOLLOWS: TRACT 1: FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT, SAID TRACT BEING AN UNPLATTED PORTION OF APPROXIMATELY 6.7 ACRES OUT OF LOTS 3 AND 4, SECTION 29, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; TRACT 2: FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DIS- TRICT, SAID TRACT BEING AN UNPLATTED PORTION OF APPROXIMATELY 3.2 ACRES OUT OF LOTS 3.AND 4, SECTION 29, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; TRACT 3: FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT, SAID TRACT BEING AN UNPLATTED PORTION OF LOTS 2 AND 3, SECTION 29, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; AND TRACT 4: FROM "R -1A", ONE -FAMILY DWELLING DISTRICT TO "AT" APARTMENT -TOURIST DIS- TRICT, SAID TRACT BEI NG A 7.2 ACRE, MORE OR LESS, TRACT OF LAND OUT OF LOT 1, SECTION 29, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS. Minutes Regular Council Meeting August 21, 1968 Page 7 ALL OF SAID TRACTS BEING MORE FULLY DESCRIBED HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE, AS AMENDED; REPEALING ALL ORDS: NANCES IN CONFLICT HEREWITH. A group of Pharaoh Valley residents, headed by Dr. H. N. Siemer, appeared in opposition to the foregoing ordinance and re -stated a former request that a new public hearing be held before the ordinance is passed permitting apartment development of tracts along Ennis Joslin Road as requested by Pharaoh Enterprises Ltd., stating that the character of the area has changed substantially since the public hearing in 1962. Dr. Siemer raised the question as to the application of the 20 percent rule in this case, and City Attorney Singer stated that the "AT" portion, being Tract 4, a 7.2 acre tract but of Lot 1, Section 29, was affected by the 20 percent rule, and that a separate ordinance would be prepared covering this portion of the request. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Blackmon, Sizemore, Bradley, Lozano, McDaniel and Roberts, present and voting "Aye"; Jimenez voting "Nay". ORDINANCE NO. 8984 DETERMINING THE NECESSITY FOR AND ORDERING THAT A PORTION OF OCEAN DRIVE, FROM HEWIT DRIVE TO AIRLINE ROAD, BE IMPROVED; REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFICATIONS FOR THE PROPOSED IMPROVEMENTS; REQUIR- ING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, OF THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". ORDINANCE NO. 8985 APPROVING AND ADOPTING THE DIRECTOR OF PUBLIC WORKS' WRITTEN STATEMENT AND REPORT OF THE ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENTS OF THAT PORTION OF OCEAN DRIVE, FROM HEWIT DRIVE TO AIRLINE ROAD; AND DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING- AND SETTING A HEARING TO BE HELD ON SEPTEMBER 9, 1968, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". Minutes Regular Council Meeting August 21, 1968 Page 8 ORDINANCE NO. 8986 THIRD READING OF AN ORDINANCE AMENDING ORDINANCE NO. 4168 (GENERALLY REFERRED TO AS THE PLATTING ORDINANCE), AS AMENDED, BY ADDING A PARAGRAPH DESIGNATED AS PARAGRAPH 16 UNDER SUBSECTION "A" OF SECTION IV, WHICH NEW PARAGRAPH WOULD ESTABLISH A POLICY CONCERNING BRIDGE CONSTRUCTION PERTAINING TO SUBDIVISION LAYOUTS. Mr. John Keltner, Vice President of Saratoga Land Company, appeared and stated he was on vacation when the foregoing ordinance was read on first and second reading; that he is aware of the intent of the ordinance regarding drainagewaycrossings in subdivisions, and that he approves of it, but that he feels the bridge policy is only a part of the problem. Mayor Blackmon asked Mr. Keltner to submit his comments in writing for the Council"s consideration at workshop meeting. The foregoing ordinance was read for the third time and passed finally by the following vote: Blackmon, Sizemore, Bradley, Lozano, McDaniel, and Roberts, present and voting "Aye"; Jimenez voting "Nay". ORDINANCE NO. 8987 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CONTRACT WITH HELDENFELS BROTHERS, FOR CONSTRUCTION OF THE OCEAN DRIVE IMPROVEMENTS, UNIT III, FROM HEWIT DRIVE TO AIRLINE ROAD; APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $1,169,000, OF WHICH AMOUNT $1, 122,744.40 IS FOR THE CONSTRUCTION CONTRACT AND $46,255.60 IS FOR CONTINGENCIES AND INCIDENTAL COSTS, ALL APPLICABLE TO PROJECT NO. 220-67-97, OCEAN DRIVE STREET IMPROVEMENTS; APPROPRIATING OUT OF NO. 250 SEWER BOND FUND THE SUM OF $15,000, OF WHICH AMOUNT $14,252 15 FOR THE CONSTRUCTION CONTRACT AND $748 IS FOR CONTINGENCIES AND INCIDENTAL COSTS, APPLICABLE TO PROJECT NO. 250-67-66, SANITARY SEWER EXTENSION; AND APPROPRIATING OUT OF NO. 202 WATER BOND FUND THE SUM OF $116,000, INCLUDING SUPPLEMENTAL FUNDS, $6,740, FROM NO. 141 WATER M & 0 FUND, OF WHICH AMOUNT $111,518, IS FOR THE CONSTRUCTION CONTRACT AND $4,482 IS FOR CONTINGENCIES AND INCIDENTAL COSTS, APPLICABLE TO PROJECT NO. 202-59-30, WATER MAINS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye''. ORDINANCE NO. 8988 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN ENGINEERING CONTRACT WITH RADER AND ASSOCIATES F-ORSERVICES IN CONNECTION WITH THE DESIGN OF PLANS AND SPECIFICATIONS'ROR PROPOSED.IMPROVEMENTS AT CORPUS CHRISTI INTERNATIONAL AIRPORT; DESIGNATED AS PROJECT NO. 245-68-11; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". a�l Minutes Regular Council Meeting August 21, 1968 Page 9 ORDINANCE NO. 8989 RECEIVING AND ACCEPTING THE CONSTRUCTION OF THE WEST PORT AREA STREET IMPROVE- MENTS, PROJECT NO. 220-67-92.1, AS PI RFORMED BY THE CONTRACTOR, BURTEX CONSTRUCTORS, INC., UNDER THEIR CONTRACT DATED JULY 12, 1967, AUTHORIZED BY ORDINANCE NO. 8530, AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 10, DATED AUGUST 9, 1968, IN THE NET AMOUNT OF $27,052.23, A CO :✓F WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID AMOUNT BEING THE E -:_ANNE DUE THE CONTRACTOR, LESS THE SUM OF $1,500 RETAINED AS LIQUIDATED DAMAGES, vd1TH PAYMENT TO BE MADE FROM NO. 220 STREET BOND FUNDS PREVIOUSLY APPROPRIATED FOR CONSTRUCTION AND CONTINGENCIES, SUPPLEMENTED BY FUNDS HEREBY APPROPRIATED IN THE AMOUNT OF $2,553; GRANTING A 9 -DAY EXTENSION OF CONTRACT TIME FOR PROJECT COMPLETION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Lozano, McDaniel and Roberts, present and voting "Aye"; Jimenez voting "Nay". ORDINANCE NO. 8990 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH FOWCO CONSTRUCTION COMPANY FOR STREET IMPROVEMENTS ON UPRIVER ROAD, FROM LEOPARD STREET TO I.H. 37, PROJECT NO. 220-53-4.2; APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $135,000, OF WHICH AMOUNT $125,118.17 IS FOR THE CONSTRUCTION CONTRACT AND $9,881.83 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". ORDINANCE NO. 8991 APPROPRIATING OUT OF NO. 220 STREET BOND FUND FOR PROJECT NO. 220-67-97, OCEAN DRIVE, CRAIG TO ALAMEDA JUNCTION, THE SUM OF $957, OF WHICH AMQJ NT $880 IS FOR THE ACQUISITION OF PARCEL NO. 12 AND $77 IS FOR INCIDENTAL EXPENSE AND RELATED COST; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, WITH THE OWNER OF THE AFORESAID PARCEL, PAUL RAY WIMBERLY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". ORDINANCE NO, 8992 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS 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 AND TIME AND PARTICJIARLYAS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF H. G. MARSTON, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1 AND 2, BLOCK 3, WESTLAND ADDITION FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICE HEREWITH; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting August 21, 1968 Page 10 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Lozano, McDaniel and Roberts,present and voting "Aye"; Jimenez abstained. ORDINANCE NO. 8993 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS 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. 6106, AS AMENDED, UPON APPLICATION OF JOSEPH GROSSMAN, BY GRANTING A SPECIAL PERMIT ON THE NORTH HALF OF LOTS 13 AND 13A, BLOCK 4, DEL MONTE ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR A GIFT SHOP; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDI- NANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by tha following vote: Blackmon, Sizemore, Bradley, Lozano, McDaniel and Roberts, present and voting "Aye"; Jimenez abstained. ORDINANCE NO. 8994 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS 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. 6106, AS AMENDED, UPON APPLICATION OF 'COMMERCIAL INVESTMENT COMPANY, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 5R, BLOCK 1506, J. CARUTHERS SUBDIVISION, AS SHOWN ON MAP OR PLAT FILED FOR RECORD ON JULY 26, 1968, IN VOLUME 34, PAGE 50, MAP RECORDS OF NUECES COUNTY, TEXAS, BEING THAT PROPERTY ALSO DESCRIBED AS THE SOUTHWEST 10 FEET OF LOT 4 AND ALL OF LOTS 5 AND 6, BLOCK 1506, PORT ARANSAS CLIFFS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Lozano, McDaniel and Roberts, present and voting "Aye"; Jimenez tabstained. ORDINANCE NO. 8995 CLOSING A PORTION OF AN EASEMENT AND RIGHT OF WAY ON SOUTH STAPLES STREET IN GARDENDALE ADDITION, UNIT 1, AND THE TEN -FOOT STRIP OF LAND ALONG THE WEST RIGHT OFWAY LINE OF SOUTH STAPLES STREET, WHICH ALSO ABUTS THE EAST PROPERTY LINE OF GARDENDALE SUBDIVISION ANNEX "A", ALL AS MORE PARTICULARLY DESCRIBED HEREINAFTER, CONDITIONED UPON THE RELOCATION OF THE EXISTING UTILITY LINE AT THE EXPENSE OF THE OWNER AND THE REPLATTING OF THE PROPERTY TO PROVIDE A SUBSTITUTE RIGHT OF WAY LINE FOR SOUTH STAPLES STREET; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting August 21, 1968 Page 11 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Lozano, McDaniel and Roberts, present and voting "Aye''; Jimenez abstained. ORDINANCE NO. 8996 CLOSING THE PUBLIC HEARING ON IMPROVEMENTS OF UP RIVER ROAD, FROM LEOPARD STREET TO I. H. 37, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREET WILL BE SPECIFICALLY BENEFITTED AND ENHANCED IN VALUE IN EXCESS OF COST OF IMPROVEMENTS, AND LEVYING AN ASSESSMENT FOR PAYMENT;"FIXING A CHARGE AND LIEN; PROVIDING THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Lozano, McDaniel and Roberts, present and voting "Aye"; Jimenez abstained. Mayor Blackmon departed from the meeting and Mayor Pro Tem Sizemore assumed as Chairman . Mayor Pro Tem Sizemore recognized Fireman W. A. Scholl as scheduled on the agenda. Mr. Scholl stated he was appearing before the Council to appeal the action of the Staff which denied his request for 107 hours' overtime a year for the past eight years, stating that the eight-year practice of letting full platoons off for a months' vacation during the summer and requiring other platoons to work a 24-hour on and 24-hour off schedule, violated the State Statute that no firemen will be worked for more than six days a week. City Manager Pilcher advised Mr. Scholl that the Legal Department had submitted an opinion that the claim is not valid on the basis that a day for firemen is defined as 24 hours, and that if a fireman works 24 hours on and 24 hours off, it is not considered that he has worked more than- sE-.,,t - consecutivein one week. Mr. Scholl stated that if the work days are determined on that basis, then he would be entitled to more accumulated sick leave and vacation time. Acting City Manager Pilcher stated that the appeal should be confined to Mr. Scholl's specific request, and that the matter of how much sick leave or vacation time he has accumulated, should be considered at another time as a separate matter. 2— Minutes Regular Council Meeting August 21, 1968 Page 12 Motion by Bradley, seconded by Roberts and passed, Jimenez voting "Nay", that the recommendation of the Staff be concurred in and that the appeal of Mr. Scholl for 107 hours per year of overtime for the past eight years be denied, and that the matter of a policy for calculating firemen's vacation and sick leave be considered in workshop meeting. There being no further business to come before the Council, the meeting was adjourned.