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HomeMy WebLinkAboutMinutes City Council - 08/27/1969MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING August 27, 1969 2:00 P.M. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Gabe Lozano, Sr. Commissioners: Dick Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. Roberts Ronnie Sizemore City Manager R. Marvin Townsend City Attorney I. M. Singer City Secretary T. Roy Kring Mayor Jack R. Blackmon called the meeting to order. The Invocation was given by The Reverend Herbert L. Frederick of Trinity United Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Council Meeting of August 13, 1969, were approved as submitted to the Council. Mayor Blackmon recognized and presented Certificates of Attendance to Boy Scouts, Billy Richardson and Lonnie Simpson of Troop III, who were present to observe City Government in action in connection with their merit badge achieve- ments. Mayor Blackmon read and presented proclamations relative to the following: DOG APPRECIATION WEEK, August 27 through September 2, sponsored by the Corpus Christi Kennel Club, Inc., and urged all citizens to attend the Dog Show at Memorial Coliseum August 31, and show traditional hospitality to all visitors for this event; received by Mr. Tom Belian, president; ARCHERY WEEK, August 27 through September 1, and urged attendance of the Statewide tournament being held on those days, and the Grand Opening of the Tejas Bowman Archery Club timed to coincide with National Archery Week. The proclamation was received by W. L. Jolliffe, President, Texas Field Archery Association; Club President Chuck Linton; and member Joe Johnson. • Minutes Regular Council Meeting August 27, 1969 Page 2 Mayor Blackmon announced the scheduled public hearing for the closing of unopened streets in the undeveloped portion of San Simeon Subdivision, which includes property for which rezoning was requested by the Businessmen's Association of South Texas, Inc. City Manager Townsend pointed out the location of the area in question, and location of streets and utility easements. He explained that in 1963, plans and specifications were approved by the Public Works Department, and approval was given to construct this subdivision in units with Blocks 5 and 6 comprising Unit II; that Unit I was improved and accepted for maintenance and operation by the City, but that Unit II, of which Roel and Rene Drive are a part, were never built, and that the developer has a standing obligation to construct the improvements. Mr. Town- send explained that the Staff had advised the Businessmen's Association of South Texas, Inc., that the property included in that request for change of zoning, should be replatted and the existing streets and utility easements officially closed by Council action thus eliminating the obligation to construct residential subdivision improve- ments, and that representatives of the applicant agreed to this procedure. He stated that the usual procedure for street closings had been followed by the Staff and the proposal had been circulated through the affected City Departments; that the Public Works Department recommended the closing of the easements and streets if the rezoning is granted and that it be done simultaneously; that the Planning Department has no objection, but pointed out that at the same time the streets are closed the Council should also abandon all existing utility easements as well as the streets within this area; and that the Fire Department, Public Utilities, and Traffic Engineer interposed no objection. He stated that the only action of the Council is for the closing of Rene Drive and Roel Streets considered in connection with the rezoning request of the Businessmen's Association of South Texas. He further explained that the request is not being made by the City but was made by Mr. Henry Dace and Fred Quaile. Minutes Regular Council Meeting August 27, 1969 Page 3 Mr. Henry Dace, realtor representing Businessmen's Association, appeared in support of the proposed street closing and stated the plats have been filed and, according to his information, they are satisfactory in every respect. He stated that the right of way for the Hatch property presents no problem in relation to the closing. No one appeared in opposition to the foregoing proposal. Motion by Sizemore, seconded by Roberts and passed, that the hearing be closed. Motion by McDaniel, seconded by Bradley and passed, that the foregoing request for closing of the unopened streets in the undeveloped portion of San Simeon Subdivision, be tabled for further consideration in connection with the pending zoning application of Businessmen's Association. Mayor Blackmon called for the City Manager's Reports. Motion by Roberts, seconded by Lozano and passed, with de Ases abstaining on Item "b", that the City Manager's Reports, Items "a" through "h" be accepted, and that the requests and recommendations be granted and approved as follows: a. That a consent agreement with the Texas Mexican Railway Company whereby the Railway Company agrees that the City may install an 8 -inch water line beneath the Railway Company's right of way at approximately 4251 feet east of Mile Post 157 or the Intersection of Highway 44 and McCampbell Road, needed to connect to Roblex Industrial Subdivision, be authorized; b. That the authority to advertise for bids to be received September 9, 1969, for the purchase for warehouse of a six months supply of 26,500 feet of plastic pipe and related connections for warehouse inventory for Park and other Divisions, be granted; c. That the date for public hearing on zoning application of Drs. W. R. Hubler and L. P. Guttman, from "R -1B" to "A-2" in the 3400 Block of Ocean Drive, originally set for September 15, be rescheduled for September 22, at 2 p.m.; and that the date of September 22, at 2 p.m. be set for public hearing on the following cases; (1) Jimmie T. Teague - from "8-1" to "B-4" at Clare Drive and Padre Island Drive; (2) Sage Investment • • Minutes Regular Council Meeting August 27, 1969 Page 4 Company, from "R -1B" to "B-4" and "A-1" on the land between Stonegate Subdivision and Padre Island Drive between the McBride Stables and existing "B-4" near Everhart; (3) Billy J. McCombs, from "A -B" to "B-4" between McArdle and existing business zoning along Staples from Lena Park to beyond Janet Drive; (4) Mr. and Mrs. George P. Cantu, from "R -1B" to "B-1" at Mary and 19th; d. That an appropriation in the amount of $8,200 to increase the funds available for Project No. 220-56-74, Illumination of S.H. 286 from Gollihar Road to S.H. 358, and the illumination of the S.H. 358- S.H. 286 Interchange, in accordance with the agreement with the State Highway Commission, authorized by Ordinance 9462, be approved; e. That an amendment to the Electric Service Contract with Central Power and Light Company, authorized by Ordinance No. 9219, so as to provide for the rate of 1.1C per KWH for maintenance and operation of 100 Watt obstruction lights, be authorized; f. That the request of Mrs. Ruth D. Weil for construction of planter boxes along Schatzel Street from Chaparral Street to the mid -block toward Water Street (planter boxes to be approximately 3' x 5', edged in brick and be flush against the sidewalk and adjacent to the curb) as recommended by the Planning, Traffic Engineering, and Public Works Departments, subject to the proper permit which would include responsibility for maintenance and removal upon 30 days notice from the City, be granted; g. That the preliminary and final plats of Point Tesoro, Unit #4 (containing 162 acres and 616 lots - 323 of which have 3,500 square feet of land and 167 have 4,500 square feet - lots have buildable water area 50' deep of sufficient width to provide a total lot size in excess of 6,000 square feet) as recommended by the Planning Commission, be approved, and that a contract for deferred subdivision improvements and future water main construction by Padre Island Investment Corporation, be authorized; • Minutes Regular Council Meeting August 27, 1969 Page 5 h. That the City's application #269-12, for rezoning the subdivision north and south of the Expressway and Andrews Drive from "1-2" to "R -1B", on which a public hearing was held March 21, 1969, be extended two months to November 21, 1969 - an informal public discussion regarding the case having been set for 7:30 p.m. on September 18, 1969, at Greenwood Branch Library. ORDINANCE NO. 9466 APPROPRIATING THE SUM OF $8,200 OUT OF NO. 220 STREET BOND FUND FOR PROJECT NO. 220-56-74.7, ILLUMINATION OF S.M. 286 FROM GOLLIHAR ROAD TO S.H. 358, AND THE ILLUMINATION OF THE S.H. 358 - 5.1-1. 286 INTERCHANGE AS AGREED TO UNDER AGREEMENT WITH THE STATE HIGHWAY COMMISSION AUTHORIZED UNDER ORDINANCE 9462 AND PLACING IN TRUST FUND NO. 927 THE AMOUNT OF $8,200 AS THE CITY'S SHARE OF THE ADDITIONAL COSTS OF INSTALLING STREET ILLUMINATION WITHIN THE LIMITS ABOVE DESCRIBED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts, and Sizemore, present and voting "Aye". ORDINANCE NO, 9467 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AMENDMENT TO THE ELECTRIC SERVICE CONTRACT WITH CENTRAL POWER AND LIGHT COMPANY, AUTHORIZED BY ORDINANCE NO. 9219, 50 AS TO PROVIDE FOR THE RATE OF 1.1c PER KWH FOR MAINTENANCE AND OPERATION OF 100 WATT OBSTRUCTION LIGHTS, AS MORE FULLY SET FORTH IN THE AMENDMENT TO SAID ELECTRIC SERVICE CONTRACT, A COPY OF WHICH AMENDED OR SUPPLEMENTAL AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts, and Sizemore, present and voting "Aye". ORDINANCE NO. 9468 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF Of THE CITY OF CORPUS CHRISTI, A CONSENT AGREEMENT WITH THE TEXAS MEXICAN RAILWAY COMPANY WHEREBY THE RAILWAY COMPANY AGREES THAT THE CITY MAY INSTALL, MAINTAIN, OPERATE AND REPAIR AN EIGHT -INCH (8") WATER LINE BENEATH THE RAILWAY COMPANY'S RIGHT OF WAY AT APPROXI- MATELY 4251 FEET EAST OF MILE POST 157 OR THE INTERSECTION OF HIGHWAY 44 AND MCCAMPBELL ROAD, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting August 27, 1969 Page 6 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts, and Sizemore, present and voting "Aye". ORDINANCE NO. 9469 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE CONTRACT WITH PADRE ISLAND INVESTMENT CORPORATION PROVIDING FOR THE CONSTRUCTION OF SUB- DIVISION IMPROVEMENTS IN POINT TESORO UNIT 4 ON OR BEFORE OCTOBER 1, 1977, AND FOR THE CONSTRUCTION OF TRANSMISSION MAINS FROM SAID SUBDIVISION TO THE CITY'S OVERHEAD WATER TANK AT LAGUNA SHORES ROAD AND ISLAND DRIVE, COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts, and Sizemore, present and voting "Aye". FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXE- CUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND RIO AIRWAYS, INC., COVERING THE RENTAL OF SPACE AT THE INTERNATIONAL AIRPORT AND THE USE OF SAID AIRPORT, A COPY OF SAID LEASE BEING ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to the second reading by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". City Manager Townsend presented for the Council's consideration the following proposed amendments to the Ordinance appearing on the agenda for the third and final reading, relative to the granting of a franchise to Cablecom- General of Corpus Christi, to install and operate a community antenna television system: That a new Section 3, following Section 2 entitled "DEFINITIONS", said new Section 3 to be entitled "CONSTRUCTION"; and renumbering all succeeding Sections accordingly, said new Section 3 to read as follows: "SECTION 3. CONSTRUCTION. The original written proposal submitted to the City by the grantee herein shall be incorporated into and made a part of this ordinance. In those instances, Minutes Regular Council Meeting August 27, 1969 Page 7 upon a finding by the City Council that the terms of the proposal impose a greater duty and obligation upon the grantee, and said proposal is most advantageous to the City, then and in that event said proposal shall govern. Conversely, where there is a determination by the. City Council that the ordinance enlarges the duty and obligation of the grantee and is most advantageous to the City, said ordinance shall govern and take precedence over the proposal." That Section 8, paragraph C, entitled "Distribution and Discrimination" be amended by the inclusion of local FM radio stations carried by the Grantee, which programs would be carried in their entirety as received, said amended Paragraph C to read as follows: "C.. All programs of local TV stations and local FM radio stations carried by the Grantee shall be carried in their entirety as received with announce- ments and advertising and without additions," That Section 11, entitled "Service to Schools", be amended by the deletion of the present Section 11 and the substitution of the following amendatory Section 11: "SECTION 11. SERVICE TO SCHOOLS, A. The Grantee shall provide such educational telecable service to public school locations and teaching stations within the City for educational purposes upon request of the City at no cost whatsoever to it or the public school system. For the purpose of this ordinance, "teaching stations" shall include, but shall not be limited to, all classrooms, laboratories, gymnasiums, auditoriums, shops and other places of group instruction as designated bythe school system. B. The Grantee shall provide, upon request by the public school system, an inter -school telecast system whereby the school system could telecast from the central office of the school district to the various school locations and teaching stations. C. The Grantee shall provide, upon request by the public school system, and where it is not economically unfeasible to do so, for the utilization by the school system of the equipment of the Grantee for the telecast of special programs and events within the system to other school locations and teaching stations in the City. • • Minutes Regular Council Meeting August 27, 1969 Page 8 D. The Grantee may, at its election, provide similar service without cost to private schools, including parochial or other religious schools. Grantee shall bring in education channel KLRN (Channel 9, subject to FCC approval, at no cost to the community, by the use of microwave equipment. Such microwave service can be had under contract through Southwestern Bell or other common carrier, or by the installation of microwave towers and equipment by Grantee. E. The Grantee, in addition to the educational TV service required to be supplied to the public schools pursuant to Paragraph A. above, shall provide the same educational telecable service to the Education Service Center and its teaching stations now located in the City and to those to be located in the City in the future." That Section 22, entitled "Number of Channels", be amended by deletion of the present Section 22 and the substitution of the following amended Section 22, entitled "Number of Channels and Type of Service": "Section 22. NUMBER OF CHANNELS AND TYPE OF SERVICE. Grantee's cable distribution system shall be capable of carrying at least twelve (12) television channels. A. From the twelve (12) channels, the Grantee shall at all times operate a minimum of eight (8) channels, which shall include one (1) channel for educational TV and one (1) channel for any other non-commercial service for the benefit of the inhabitants of the City. B. From the twelve (12) channels, the City shall have control over a minimum of four (4) additional channels and such channels could be used only for such purposes as the City might approve, which other purposes would include the assignment of three (3) channels to the public school district for educational purposes with the City to otherwise have such jurisdiction, control and availability with respect to such additional channels as it may elect to exercise. Minutes Regular Council Meeting August 27, 1969 Page 9 C. The following shall be provided by the Cablecom Corporation and this section shall govern where in conflict with its original written proposal attached hereto and made a part of this ordinance: 1. CBS Channel 10, Corpus Christi, Texas 2. NBC Channel 6, Corpus Christi, Texas 3. ABC Channel III, Corpus Christi, Texas 4. KLRN Channel 9, ETV, Austin, Texas 5. Independent Channel 41, San Antonio, Texas 6, Independent Channel 39, Houston, Texas, if possible according to the regulations of FCC 7. Five (5) channels designated for Corpus Christi Independent School District on an open or closed basis 8. Time and weather channel 9, Stock market and news channel 10. Tourist information channel 11. 24 -Hour FM radio stations 12. One (1) Mobil unit for color broadcasting 13. Provision of KLRN educational Channel 9 broadcast signal by microwave in accordance with specifications in Section 10, Paragraph G for rebroad- cast by local school district and/or local non-profit educational broadcast channel 14. 24 -Hour emergency alert equipment,including facilities to pre-empt all cable channels 15. A microphone and camera located in an area where public officials may at any time make announcements or give instructions - installed at Police headquarters or where designated by City 16. Cablecom shall construct cable system throughout the corporate limits of the City • Minutes Regular Council Meeting August 27, 1969 Page 10 17. Cablecom shall construct permanent offices and studio facilities 18. All color equipped studio facilities 19. Provision of open or closed circuit broadcast capability to all schools from central location 20, Free service outlets and installation at any or all municipal offices, police and fire stations, public libraries, as the City shall designate 21, Free service outlets and installation for all schools, colleges, non-profit hospitals, with multiple installations. No service or connection charge for additional sets 22. Cablecom shall provide converters to schools and city for use of closed circuit system 23. Cablecom shall provide use of studio facilities at all times to local school district 24. Initial installation shall be a duplex system. " That Section 23, entitled "Rates", be amended by the insertion of the phrase, "during the term of this franchise:" which is to follow the first line of paragraph A, such amended paragraph to read: "A. The following rates, on a monthly basis, and charges are hereby authorized for service under this franchise and shall not be increased by the Grantee during the term of this franchise, and any attempt made by Grantee to increase or to obtain an increase in rates by any method shall be grounds For a forfeiture of the franchise granted herein, accord- ing to such determination as may be made by the City Council." That Section 24, entitled "subscriber refund on termination", be amended by the deletion line eight (8) "initial tap -in and connection charges paid by him" and the substitution of "initial extension charge provided in Section 21 hereof, paid by him, and". Minutes Regular Council Meeting August 27, 1969 Page 11 Motion by de Ases, seconded by Sizemore and passed unanimously, that the foregoing recommended amendments to the proposed ordinance granting a franchise to Cablecom-General of Corpus Christi be approved and incorporated into the ordinance before its third and final reading. City Manager Townsend stated it is recommended that the ordinance appearing on the agenda for the third and final reading relative to the granting of a franchise to Coastal Bend Telecable Corporation, be amended basically the same as the foregoing amendments to the Cablecom General save and except that portion of Section 22 relative to "channels and services", and excepting that portion regarding Section 24, entitled "subscriber refund on termination". Motion by McDaniel, seconded by de Ases and passed, Blackmon and Roberts voting "Aye", Sizemore, Lozano and Bradley abstaining, that the ordinance relative to a franchise to Coastal Bend Telecable Corporation, be amended as recommended by City Manager Townsend, basically the same as embodied in the motion to amend the franchise to Coblecom-General, with the exception of Section 22, relative to channels and service, and excepting that portion regarding Section 24, entitled "subscriber refund on termination". Mr. Richard Hall, attorney representing Coastal Bend Telecable Corporation, presented a lengthy compilation of statistics and figures reflecting differences, by comparison, of costs, services, earnings, penetrations and benefits, of the two bidding firms. He stated that the bid of Telecable offered a larger original payment to the City which would benefit a broader segment of the community; stated that the $450,000 which they guarantee the City above that of the competing bid could be used to benefit those in the community who will not be able to afford cable television. He expressed doubt as to the economy of Cablecom's proposal to install a $400,000 duplex system, stating that at this point there is no feasible method for installation of such a system, and that it affords no advantage to the subscribers, but that Telecable is prepared to install 20 cables if and when there is a need for them. He stated that Telecable proposed to furnish free services to schools, colleges, hospitals, fire stations, libraries and public buildings, at the discretion of the Council, identical to that of the other bidder. He further stated that he feels there are very few differences in the services offered to • • Minutes Regular Council Meeting August 27, 1969 Page 12 customers but that there is a vast difference in the amount of money that Telecable would make available to the City. Mr. Hall cited other Texas Cities which are users of cable television, as examples to show figures of "penetration" percentages. He stated that the City Council must decide if the benefit to the 40 percent who will be buying Cable Television will be at the expense of the remaining 60 percent who will not be able to afford the service. Attorney Edmund Ford, spoke on behalf of Cablecom-General Corporation, and stated that at the time their bid was submitted, penetration figures were shown as 77 percent, and that he would not take the Council's time since they have studied these figures thoroughly. Motion by Roberts, seconded by de Ases and passed, that Section 22, of the proposed franchise to Coastal Bend Telecable Corporation, entitled "Number of Channels", be amended by deletion of the present Section 22 and the substitution of the following amended Section 22, entitled "Number of Channels and Type of Service": " SECTION 22. NUMBER OF CHANNELS AND TYPE OF SERVICE. Grantee's cable distribution system shall be capable of carrying at least twelve (12) television channels. A. From the twelve (12) channels, the Grantee shall at all times operate a minimum of eight (8) channels, which shall include one (1) channel for educational TV and one (1) channel for any other non-commercial service for the benefit of the inhabitants of the City. B. From the twelve (12) channels, the City shall have control over a minimum of four (4) additional channels and such channels could be used only for such purposes as the City might approve, which other purposes would include the assignment of three (3) channels to the public school district for educational purposes with the City to otherwise have such jurisdiction, control and availability with respect to such additional channels as it may elect to exercise. Minutes Regular Council Meeting August 27, 1969 Page 13 C. The following shall be provided by the Telecable Corporation and this section shall govern where in conflict with its original written proposal attached hereto and made a part of this ordinance: 1. CBS - Channel 10, Corpus Christi 2. NBC - Channel 6, Corpus Christi 3. ABC - Channel 3, Corpus Christi 4. KLRN-ETV, Channel 9, Austin 5, Weather Channel 6. One (1) independent TV Channel, and if allowed by FCC, one (1) other additional independent TV Channel 7. All Channel emergency service 8. Conversion of UHF signal if available 9. One (1) confidential instructional Channel for City use, with converters for designated sets. 10. Free outlet installations to schools, colleges and hospitals. 11. Free outlet and installations to fire stations, police stations, City Hall or other govemmental buildings as the City may designate. 12. Of the twelve (12) channels, four (4) unused Channels shall be designated for use by the City or local school district. 13.. Channel 9, KLRN, Educational broadcast signal shall be provided by microwave at no extra cost to a local non-profit broadcast group and/or school district for rebroadcast 14. Telecable shall change its 12 -channel initial system to a 20 -channel system when required by services to be given as determined by the City, the cable throughout shall be of 20 -channel capacity; amplifiers on trunk will initially be 12 -channel service until 20 -channel service is desired at which time conversion will be made at no cost to the City 15. Telecable shall offer to lease or sell set converters at less than one dollar ($1.00) each or in any event on a non-profit basis. • Minutes Regular Council Meeting August 27, 1969 Page 14 16. The use of all the eight (8) channels in excess of the initial 12 channels shall be subject to approval by the City Council. 17. The initial plant (system) installed by Telecable shall be a simplex system; a duplex system shall be installed upon the desire of the City Council at no cost to the City. 18. Telecable shall provide converters to schools and City offices at no cost to the public agency. " ORDINANCE NO. 9470 THIRD READING OF AN ORDINANCE GRANTING A FRANCHISE TO CABLECOM-GENERAL OF CORPUS CHRISTI, ITS SUCCESSORS AND ASSIGNS, TO OPERATE AND MAINTAIN A COM- MUNITY ANTENNA TELEVISION SYSTEM IN THE CITY; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR CITY REGULATION AND USE OF THE COMMUNITY ANTENNA TELE- VISION SYSTEM; AND PRESCRIBING PENALTIES FOR VIOLATION OF THE FRANCHISE PROVISIONS. The foregoing ordinance was read for the third time and passed finally as amended by the following vote: Blackmon, Lozano, Bradley, McDaniel and Sizemore, present and voting "Aye"; de Ases and Roberts voting "Nay". ORDINANCE NO. 9471 (Failed to pass) THIRD READING OF AN ORDINANCE GRANTING A FRANCHISE TO THE COASTAL BEND TELECABLE CORPORATION, A TEXAS CORPORATION, ITS SUCCESSORS AND ASSIGNS, TO OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR CITY REGULATION AND USE OF THE COMMUNITY ANTENNA TELEVISION SYSTEM; AND PRESCRIBING PENALTIES FOR VIOLATION OF THE FRANCHISE PROVISIONS. The foregoing ordinance was read for the third time and failed to pass as, amended by the following vote: de Ases and Roberts, present and voting "Aye'; Blackmon, Lozano, Bradley, McDaniel and Sizemore voting "Nay". Mayor Blackmon announced that Ordinance No. 9471 had failed to pass for lack of sufficient affirmative votes, and that Ordinance No. 9470 officially awards a franchise to Cablecom-General, Inc., of Corpus Christi to operate a cable tele- vision system in Corpus Christi. • Minutes Regular Council Meeting August 27, 1969 Page 15 Mayor Blackmon announced the meeting would be recessed for a workshop meeting in the City Manager's Office for further consideration of the proposed ordinance establishing water rates, and other matters under City Manager's Reports. Mayor Blackmon reconvened the meeting in the Council.Chamber at 4:45 p.m. City Manager Townsend presented for the Council's consideration the following recommendations supplemental to the City Manager's Reports: j. That the date of Monday, September 22, Special Meeting, 2:00 p.m., be set for a public hearing on an appeal of Special Use Permit #125, T & H Enter- prises, for a Mobile Home Park; k. That the Marina electrical work be accepted, retaining $595.00 for work not yet completed due to a change order and coordination with Centtxrl Power and Light Company, and an extension of 24.5 days be granted because of material delivery delays, a supplier's strike, and material lost by the freight deliverer; I. That authority to execute an agreement with the Texas Highway Department whereby the State agrees to permit the use by the City of the Parking Area located near the Nueces County Courthouse described as bordered on the East by Water Street, on the West by Chaparral Street, and on the North and South by the Frontage Roads to the Business Route of Highway #9 Freeway, to be used as a Helicopter landing area, be granted. Motion by Roberts, seconded by McDaniel and passed, that the foregoing recommendations, Items "j", "k" and "I" be granted and approved as recommended. City Manager Townsend announced the intended employment of Attorney James Ryan, for the purpose of assisting in condemnation proceedings in connection with acquiring property required in projected construction projects. Relative to the ordinance appearing on the agenda for third and final reading establishing water rates in the City, City Manager Townsend reviewed the background of the ordinance; cited basic reasons for the proposed rate increase, and recommended that the ordinance be amended before its third and final reading as follows: Minutes Regular Council Meeting August 27, 1969 Page 16 "That the Ordinance establishing water rates for all classes of customers, to take effect from and after September 1, 1969, passed on first two readings, be and the same is hereby amended to change the Treated Water - Regular Rate.in the following particulars: Minimum Charges For the first 3,000 gallons monthly Meter size -- Inches Outside Corpus Christi A11 others 5/8 and 3/4 $3.25 Commodity Charges For water consumed (in addition to the minimum allowance) Monthly Consumption Inside Outside Corpus Christi Corpus Christi Padre island All Others Rate Per 1,000 Gallons First 3,000 Gallons Minimum Charge Next 17,000 Gal Ions $0:44 $0.70 $0.70 Next 80,000 Gallons 0.32 0.60 0.60 Next 150,000 Gallons 0.28 0,49 0.49 Next 750,000 Gallons 0.24 0.39 0.39 Next 9,000,000 Gallons 0.21 0.33 0.33 All Over 10,000,000 Gallons 0.18 0.22 0.22 That Section 4 be and the same is hereby amended to hereafter read as follows: SECTION 4. This ordinance shall take effect from and after September 1, 1969, and apply to all meter readings on and after October 1, 1969. Motion by McDaniel, seconded by Bradley and passed, that the ordinance establishing water rates for all classes of customers, to take effect from and after September 1, 1969, passed on first two readings, be and the same be amended to change the Treated Water - Regular Rate in accordance with the foregoing recommendation of City Manager Townsend. Minutes Regular Council Meeting August 27, 1969 Page 17 Mro Larry French, representing the Corpus Christi Rental Association, appeared in protest of the proposed water rate increase, stating that this, together with the increase ir, school and hospital taxes, will work a tremendous hardship on owners of rental property in the City and contribute to the trend toward inflation. He stated he is aware that there hos been no alternative but that the increase should have been staggered over a period of years. Mro Bob Jordan, 3901 Lowman, stated he felt the increase was excessive and would work a serious burden on consumers. ORDINANCE NO. 9472 THIRD READING OF AN ORDINANCE ESTABLISHING WATER RATES FOR ALL CLASSES OF CUSTOMERS AS TO THE RESPECTIVE QUALITY OF WATER FURNISHED BY THE CITY; PROVIDING FOR MINIMUM CHARGES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERANCE CI USE; PROVIDING AN EFFECTIVE DATE; PRO- VIDING FOR PUBLICATION . The foregoing ordinance was read for the third time and passed finalTy as; amended by the following vote: Blackmon, Bradley, McDaniel, Roberts, and Sizemore, present and voting "Aye"; Lozano and de Ases voting "Nay". ORDINANCE NO. 9473 AUTHORIZING THE CITY MANAGER TO CONVEY TO BRADEN M. COOK THAT PROPERTY DESCRIBED AS A .78 ACRE TRACT OF PARCEL OF LAND AT DODDRIDGE AND WEBER PARKWAY, AND FURTHER DESCRIBED AS LOTS A, B, AND C, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, UPON THE PAYMENT OF THE CASH CONSIDERATION OF $6000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". ORDINANCE NO. 9474 AMENDING THE ZONING ORDINANCE OF THE CITY OF ClDRPUS 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 GABE LOZANO, JR., BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 15, BLOCK A, PHILLIPS ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BEING SITUATED IN THE 2600 BLOCK OF Minutes Regular Council Meeting August 27, 1969 Page 18 CLEO STREET, ON THE NORTHEAST CORNER OF THE INTERSECTION OF BALDWIN BOULEVARD, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE 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, Bradley, de Ases, McDaniel, Roberts, and Sizemore, present and voting ,!'Aye"; Lozano disqualified himself. ORDINANCE NO. 9475 AUTHORIZING AND -DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH THE TEXAS HIGHWAY DEPARTMENT WHEREBY THE STATE OF TEXAS AGREES TO PERMIT THE USE BY THE CITY OF THE PARKING AREA NEAR THE COURTHOUSE DESCRIBED AS BORDERED ON THE EAST BY WATER STREET, ON THE WEST BY CHAPARRAL STREET AND ON THE NORTH AND SOUTH BY THE FRONTAGE ROADS TO THE BUSINESS ROUTE OF HIGHWAY 09 FREEWAY, AS A HELICOPTER LANDING AREA, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ase, McDaniel, Roberts and Sizemore, present and voting "Aye". There being no further business to come before the Council, the meeting was adjourned 1, JACK R. BLACKMON, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of August 1, 1969, to August 31, 1969, inclusive, and having been previously approved by Council action, are by me hereby approved. jity'aL4.4 G4.-e%��,,1, K R. BLACKMON, Mayor of Corpus Christi, Texas