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HomeMy WebLinkAboutMinutes City Council - 04/01/1970MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING April 1, 1970 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 Assistant City Attorney Jim Riggs City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order. The Invocation was given by The Reverend Clifford Taylor of Central Christian Church. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Council Meetings of March 18 and 25, 1970, were approved as submitted to the Council. Mayor Blackmon read and presented proclamations relative to the following: BARBERSHOP HARMONY WEEK, April 5 through 11, 1970, extending best wishes to the Harmonaires Chorus for continued success in promoting barbershop quartet singing in our community, received by Mr. Brady Malone; TEXAS INDUSTRIAL WEEK, April 5 through 11, 1970, in appreciation to Texas industry through promotion, display and purchase of products manufactured in this State, to be presented at the reception of the Industrial Commission of the Corpus Christi Chamber of Commerce, Tuesday, April 7. Mayor Blackmon directed that the minutes reflect the passing of Mr. William P. Harrington, Monday, March 30, former City employee and for many years, an active member of numerous civic organizations, including 12 years on the Civil Service Board, American Red Cross, Director of Industrial Relations of PPG Industries, Coastal Bend Industrial Relations Association, War Man- power Board during World War II, and Chamber of Commerce. His demise is mourned by his many friends. The Gregg -Sherrill Post of the American Legion, represented by Mr. Cuban Burbank, District Commander, Colonel N. L. Soderholm, and State Representative L. DeWitt Hale, pre- sented a Certificate of Appreciation to Mayor Blackmon for exceptional services in office, and to W.P. Witt, Director of Parks and Recreation, for his outstanding assistance and contributions • • Minutes Regular Council Meeting April 1, 1970 Page 2 to the American Legion programs and activities; also presented a plaque to the Mayor and City Council for an outstanding administration and their support of the American Legion objectives. Mayor Blackmon expressed appreciation on behalf of the Council, and thanked the Legionaires for this award, and commented "that any accomplishment credited to him, could only have been accomplished with the support of the Council - that with a team such as he has had, whatever we do wrong or whatever we do right, we share, and whatever our citizens believe we have accomplished, we have accomplished as a group." In connection with the Legionaires and their activities, Mayor Blackmon stated that this Council has had recent discussions relative to an appropriate manner in which to honor the war dead of this community; stated that the Council has already made an informal decision to buy a plaque similar to the one which is now displayed in Memorial Coliseum honoring the dead of World War II, and that the Legionaires will be called upon for assistance and suggestions as to how we can appropriately recognize and honor the war dead of the Korean War and the Viet Nam War, Mayor Blackmon announced the scheduled public hearing for the closing of the Eastern 20 feet of Baldwin Boulevard right of way extending from David Street Northwestward to Sarita Street, and 30 feet extending from Sarita Street to Cleo Street. City Manager Townsend reviewed the background of the proposal and explained that this was the last stage in a series of steps by the City in an attempt to dispose of these strips of land which became excess as a result of street improvements on Baldwin Boulevard, pointing out that in order to widen Baldwin, the City had to acquire six lots. He pointed out on the map the areas involved; explained that some of the abutting property owners have attempted to incorporate this area in conjunction with their use of the land; pointed out that the Council had previously agreed upon the valuation of the land, and that the public hearing was advertised to the effect, that if authorized, the sale will be on the condition of payment by the abutting property owners of the appraised value of the portion proposed to be closed. He stated that the issue before the Council at this time, and purpose of the public hearing is to determine whether or not this land should be found as excess land and closed. He further explained that the proposed closing had been routinely reviewed by the various affected City Departments and that no objections had been received. • Minutes Regular Council Meeting April 1, 1970 Page 3 Commissioner McDaniel raised the question as to how the driveway problems would be resolved, and what happens to the land if some of the property owners desire to purchase and others do not, City Manager Townsend explained that there is only one piece of property which would have a driveway problem, and that it would be affected by the Special Council Permit which prohibits entrance from Baldwin. He explained that of the abutting property owners do not wish to purchase, the land will remain status quo, but stated that the sale will be restricted to abutting property owners only. Questions were raised from interested persons in the audience as to whether or not the right of way in question includes the land owned by Mr. Gabe Lozano, Jr. It was explained that the property owned by Mr. Lozano abuts the subject property but it was pointed out that Commissioner Lozano abstained from voting when the Special Council Permit was granted for construction of an office building, and also pointed out that property will not be affected other that what might take place on the properties facing on Baldwin, Mr. John N. Gannon, 2606 Riggan, appeared and stated that condemnation suits on Lot 16, Block 5, located at Sarita and Baldwin, and also property located at Niagara and Baldwin, is still pending, and inquired as to what effect the proposed closing would have on these properties. He stated that he had received tax notices on the property at Sarita and Baldwin; that he is opposed to the closing until the litigation is settled. Three other unidentified persons were present and indicated they concurred in the statements of Mr. Gannon. City Manager Townsend stated that the records show that the City has deposited the money for payment, but that he is not sure if the cases have been terminated. Mayor Blackmon directed that the Legal Department explore the records and make a definite determination as to whether or not these cases have been settled and as to where the City stands in this regard. An unidentified property owner spoke at length in Spanish, (interpreted by Commissioner Lozano), inquiring if she would be obligated to purchase the portion abutting her property. She stated that she was at one time assessed $400 for sidewalks but that she had not received any benefit from them. She stated she does not have the money to purchase the excess land. • Minutes Regular Council Meeting April 1, 1970 Page 4 City Manager Townsend explained that the appraised fair value of the areas had been reduced by the amount of what the property owner was assessed; that the value of this particular portion is $1500; that if the Council authorizes the closing, and the abutting property owners do not wish to purchase, they may continue to maintain the land as in the past and for as long as is desired. He stated the Staff will contact the property owner in person in an effort to work out a solution to her problem. Mrs. Gene Crane, 4941 Greenbrier, appeared later in this meeting stating that her property was also in litigation, and that she was opposed to the closing until the litigation was resolved. Commissioner Lozano stated he would disqualify himself on any action taken. Motion by Bradley, seconded by de Ases and passed, that the hearing be closed. Motion by Sizemore, seconded by de Ases and passed, McDaniel and Sizemore voting "Aye"; Lozano disqualified, Roberts abstaining and Blackmon passing, that the foregoing matter be tabled for further consideration. 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 "o" be accepted, and that the requests and recommendations be granted and approved as follows: a. That the date of April 27, 1970, at 2 p.m., Special Meeting, be set for a public hearing on the following zoning cases: (1) Mr. E. R. Webb and others, from "R -1B" to "B-1" on Everhart from Curtis Clark to Bonner; (2) The Planning Commission, for "AB" zoning on those lots zoned "R-2" and "A-2" between Minnesota and Chamberlain along the east side of South Alameda; and (3) Mr. W. N. Smith, from "AB" to "B-1" at 1712 Santa Fe Street; b. That an appropriation in the amount of $750 for the C. V. Coulter appraisal services in connection with condemnation proceedings, City vs. Thomas A. Williams, et al, involving Lots 13, 14 and 15, Section 56, Flour Bluff and Encinal Farm and Garden Tracts, applicable to the Flour Bluff Sewage Treatment Plant site, be authorized; c. That the award of a contract to Watson Distributing Company of San Antonio for one 5 -unit Gang Tractor Mower with Hydraulic Travel Lift, for $5,595, on the basis of low big meeting specifications, be authorized; (Bid Tabulation #9-70) • • Minutes Regular Council Meeting April 1, 1970 Page 5 d. That the date of April 27, 1970, at 2 p.m. be set for a public hearing on the request of Ray High School Student Council, supported by a petition including signatures representing 6 of the 14 owners along Minnesota and approximately 1900 parents, teachers, and students, and a resolution of the School Board, to change the name of Minnesota Street, from Santo Fe to Casa Bonita to "Texan Trail"; e. That the 1969 mutual aid agreement with the Navy for fire protection be renewed and updated, providing that the City and Navy will provide fire assistance to each other upon call to the maximum extent possible with the chief of the responsible ju,isdiction•being in overall supervision and each agency being responsible for its own costs; f. That an appropriation in the amount of $4,499 for 4.09 miles of street aerial photo- graphy by International Aerial Mapping Company of San Antonio, for the design of the improve- ments to North Alameda from the Expressway to Broadway, Greenwood Drive from Home Road to Padre Island Drive, Horne Road from Ramsey to Airport Road, and Ayers from Norton to Port, be authorized; g. That an appropriation in the amount of $755.75, of which amount $680.75 is for acquisition of Parcels No. 4 and 4A, for the improvement of Alameda, Ocean Drive to Montclair, be approved and that real estate sales contract with the owner, Samuel Frech, be authorized; h. That a contract be -awarded to Bur -Tex Constructors, Inc., for $3,125,628.50, the low bid for the Leopard Street Water Transmission Line, based on wrapped steel mains except for the 24" line to UpRiver Road which would be ductile iron, and that anappropriation in the amount of $3,225,000, including staking, resident inspection, radiography, lab tests, advertising and other related costs, be approved; i. That a contract be awarded to Surf -Tex Construction Company for $80,120.80 for Transit System Improvements, and that an appropriation in the amount of $87,000, including $6,879.20 for engineering, advertising and other related costs, be approved, in line with the opinion of the City Attorney that the signature of the principal is not essential to the validity of the bond; and that the waiver of lack of signature on the bond which was submitted with the bid March 25, 1970, be authorized; • Minutes Regular Council Meeting April 1, 1970 Page .6 j. That the conditional vacation of an easement between Dunn Lane and Interstate 37 approved on January 28, 1970, be revised by requiring the dedication and construction of a cul-de-sac rather than the extension of Dunn Lane; k. That a resolution assuring all City action necessary to qualify floodprone areas for Federally supported flood insurance, be approved; (If Corpus Christi is approved, insurance will be available in low areas for one to four unit residences at 44 per $100 valuation on an 80% coinsured basis of $17,500 per unit, $30,000 per structure, and $5,000 contents per unit - an extensive review procedure being involved before Federal approval) - I. That the City Manager be authorized to submit Open Space applications under Title VII of the Housing Act of 1961, for the improvement of Hillcrest, Airport, and Hudson Acres Parks; m. That condemnation be approved for Elgin Park Parcel #8 from J. Elizondo, and Parcel 09 from Mrs. C. R. Cervantes, on the basis that prices asked exceed appraisals by approximately 40%; n. That a contract be awarded to Heldenfels Brothers for $1,111,908.20 representing the second low bid received on January 28, 1970, for street and drainage improvements in the Molina area; (The low bidder was awarded the contract, but was unable to provide a performance bond, and collection of this bond in the amount of $43,025 is in process) o. That the authority to advertise by public notice, the City's intention to sell to the Community Development Corporation, an independent foundation, Lot 9, Block 3, Sunset Place Subdivision, being located at 30a5John Street, for the purpose of development as a low income housing probject, be granted. In connection with Item "j" of the City Manager's Reports relative to vacation of an easement between Dunn Lane and Interstate 37, Mr. Jim Ryan, attorney representing property owners in that area, appeared and stated his clients were agreeable to the proposed cul-de-sac, but stated that if a hearing is to be held whereby objections would be heard, his clients would like to be notified so as to have an opportunity to state reasons why they are in Favor of the cul-de-sac. He stated they are not interested in the zoning. • • Minutes Regular Council Meeting April 1, 1970 Page 7 Mr. Townsend stated that informal discussions will be held with the owners about the possibility of rezoning from "1-2" to "R -1B", and that the cul-de-sac will be a part of the conversations. Mr. Ryan was advised that no public hearing is proposed, and it was suggested week that Mr. Ryan contact the City Manager's office by Tpesday of next following these conversations. City Manager Townsend presented pending items and the following actions taken: Motion by Bradley, seconded by Roberts and passed, that the appeal of Ted M. Anderson relative to the requirement that 20 feet along Weber Road be dedicated as a condihion of platting, be denied. Motion by Roberts, seconded by Sizemore and passed, that the hearing held March 30, 1970, on the assessments for Weber Road Improvements, Padre Island Drive to Saratoga Boulevard, be officially closed, and that the Assessment Roll be approved as proposed. Motion by de Ases, seconded by Sizemore and passed, with McDaniel voting "Nay", that the name of Garwood Street by changed to "Alaniz Street." ORDINANCE NO. 9689 APPROPRIATING OUT OF THE NO. 250 SANITARY SEWER BOND FUND FOR PROJECT NO. 250-67-53, FLOUR BLUFF PLANT AND LATERALS, STAGE II, THE SUM OF $750 FOR APPRAISAL SERVICES IN CONNECTION WITH CONDEMNATION PROCEED4NG IN CAUSE NO. 613, CITY OF CORPUS CHRISTI VS. THOMAS A WILLIAMS, ET AL, INVOLVING LOTS 13, 14, AND 15„ SECTION 56, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FOR THE FLOUR BLUFF SEWAGE TREATMENT PLANT SITE; SAID AMOUNT HEREBY APPROPRIATED TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO, 9617; 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. 9690 AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO CONDEMN FEE TITLE TO CERTAIN PARCEL OR TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS, SAID CONDEMNATION BEING NECESSARY FOR THE EXPhNSION OF ELGIN PARK, BEING PROJECT NO. 291-64-4; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE OWNER, MRS. C. R. CERVANTES; 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". Minutes Regular Council Meeting April 1, 1970 Page 8 ORDINANCE NO. 9691 • AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO CONDEMN FEE TITLE TO CERTAIN PARCEL OF TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS, SAID CONDEMNATION BEING NECESSARY FOR THE EXPANSION OF ELGIN PARK, BEING PROJECT NO. 291-64-4; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE OWNER, JUAN ELIZONDO; 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. 9692 APPROPRIATING OUT OF NO. 220 STREET BOND FUND $4,499 OF WHICH $462 IS APPLICABLE TO PROJECT NO. 220-70-108, NORTH ALAMEDA, WEST BROADWAY TO INTERSTATE 37; $2,090 TO PROJECT NO. 220-7D-111, HORNE ROAD, NAPLES TO COLUMBIA; $1,397 TO PROJECT NO. 220-70-113, GREENWOOD DRIVE, PADRE ISLAND DRIVE TO HORNE ROAD; AND $550 TO PROJECT NO. 220-70-121, AYERS, NORTON TO PORT AVENUE; SAID SUMS REPRESENTING THE COST OF PLANIMETRIC-PHOTO PLAN AND PROFILE SHEETS FURNISHED BY INTERNATIONAL AERIAL MAPPING. COMPANY IN CONNEC11CN WITH THE DESIGN OF STREET IMPROVEMENTS FOR THE HEREIN STATED PROJECTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozapo, Bradley, de Ases, McDaniel, Roberts, and Sizemore, present and voting "Aye". RESOLUTION NO. 9693 EXPRESSING THE WILLINGNESS OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TO MAKE APPLICATION UNDER TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED, FOR A FEDERAL GRANT:TO ACQUIRE AND DEVELOP OPEN SPACE LAND (AIRPORT PARK); AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". RESOLUTION NO. 9694 EXPRESSING THE WILLINGNESS OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TO MAKE APPLICATION UNDER TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED, FOR A FEDERAL GRANT TO ACQUIRE AND DEVELOP OPEN SPACE LAND (HUDSON ACRES PARK); AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting: "Aye" . Minutes Regular Council Meeting April 1, 1970 Page 9 RESOLUTION NO. 9695 EXPRESSING THE WILLINGNESS OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TO MAKE APPLICATION UNDER TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED, FOR A FEDERAL GRANT TO ACQUIRE AND DEVELOP OPEN SPACE LAND (HILLCREST PARK); AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by,the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". ORDINANCE NO. 9696 CHANGING THE NAME OF GARWOOD STREET, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO ALANIZ STREET; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present and voting "Aye"; McDaniel voted "Nay". RESOLUTION NO. 9697 RESOLUTION ASSURING ALL CITY ACTIONS NECESSARY TO QUALIFY FLOODPRONE AREAS FOR FEDERALLY SUPPORTED FLOOD INSURANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". ORDINANCE NO. 9698 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $755.75, OF WHICH AMOUNT $680.75 IS FOR ACQUISITION OF PARCELS NO. 4 AND 4A, $75 IS FOR INCIDENTAL EXPENSE AND RELATED COSTS, APPLICABLE TO PROJECT NO. 220-67-87, ALAMEDA, OCEAN DRIVE TO MONTCLAIR; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT, FOR AND ON BEPIALF OF THE CITY' OE CORPUS. CHRISTI, WITH THE OWNER,'SAMUEL-FRECH;.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". • • Minutes Regular Council Meeting April 1, 1970 Page 10 ORDINANCE NO. 9699 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH SURF- TEX CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF THE TRANSIT SYSTEM IMPROVEMENTS, PROJECT NO. 218-66-2; APPROPRIATING OUT OF THE NO. 218 TRANSIT SYSTEM BONGFUND THE SUM OF $87,000, OF WHICH AMOUNT $80,120.80 IS FOR THE CONSTRUCTION CONTRACT AND $6,879.20 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSE; 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 an0 Sizemore, present and voting "Aye". ORDINANCE NO. 9700 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A MUTUAL FIRE FIGHTING ASSISTANCE AGREEMENT WITH THE U. S. NAVALAIR STATION OF CORPUS CHRISTI, TEXAS, WHEREBY EACH pFTHE PARTIES AGREE TO FURNISH TO THE OTHER ASSISTANCE IN THE EVENT OF A MAJOR FIRE, 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 Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". ORDINANCE NO. 9701 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH BURTEX CONSTRUCTORS, INC. , FOR THE CONSTRUCTION OF THE 48" TRANSMISSION MAIN FROM CALALLEN, PROJECT NO. 202-68-29.1; APPROPRIATING OUT OF NO. 202 WATER SYSTEM BOND FUND, THE SUM OF $3,225,000, OF WHICH AMOUNT $3,125,828.50 IS FOR THE CONSTRUCTION CONTRACT AND $99,371.50 IS FOR CONTINGENCIES INCLUDING STAKING, RADIO- GRAPHIC TESTS, INSPECTION, LABORATORY TESTING, AND OTHER INCIDENTAL EXPENSES; 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. 9702 CLOSING THE HEARING ON IMPROVEMENTS ON WEBER ROAD, FROM PADRE ISLAND DRIVE TO SARATOGA, 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; FIXING A CHARGE AND LIEN, PROVIDING FOR ASSIGNABLE CERTIFICATES, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. • • Minutes Regular Council Meeting April 1, 1970 Page 11 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". There being no further business to come before the Council, the meeting was adjourned,