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HomeMy WebLinkAboutMinutes City Council - 07/22/1970MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING July 22, 1970 2:00 p.m. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tern Gabe Lozano, Sr. Commissioners: Dick Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. Roberts Ronnie Sizemore City Manager R. Marvin Townsend Acting City Attorney Jim Riggs City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order and called on Commissioner W. J. Roberts to give the invocation in the absence of the invited Guest Chaplain. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Special Meeting of July 6, and Regular Meetings of July 8 and 15, 1970, were approved as submitted to the Council. Mayor Blackmon recognized the presence of a delegation representative of Junior High School Vacation Bible School classes of Abiding Savior Luther Church who were visiting the Council meeting as observers of government in action. Mayor Blackmon announced the opening of bids for Pneumatic Tube System for the Police Building City Secretary Kring reported that only one bid had been received in his office which was unsealed and delivered two minutes late. Motion by Roberts, seconded by Bradley and passed, that the foregoing bid be rejected and returned to the bidder, and that bids for the project be readvertised to be opened August 12, 1970. Mayor Blackmon announced the public hearing for the closing of the south 419.70 feet of Tuloso Circle located in Lots 27 and 28 of the H. B. Sheppard Farm Lots. City Manager Townsend stated that the area proposed to be closed is a part of the Gulley Trailer Park on Highway 9; that it never was improved and is not intended to be extended through to the south property line; that the street serves no public purposes - only access to the trailer park; that Mr. Gulley does not wish to pave it and the City does not wish to maintain it; that Mr. Gulley has agreed to the dedication of a cul-de-sac which will be a traffic improvement, and that it is his recommendation that the street be closed with that provision. • Minutes Regular Council Meeting July 22, 1970 Page 2 No one appeared in favor of in opposition to the proposed street closing. Motion by Sizemore, seconded by Lozano and passed, that the recommendation of the City Manager be concurred in and that the south 419.70 feet of Tuloso Circle located in Lots 27 and 28 of the H. B. Sheppard Farm Lots, be closed, with the provision that a cul-de-sac be dedicated at the end of Tuloso Circle and that an ordinance be brought forward effectuating the closing. Mayor Blackmon announced the public hearing for the closing of all of Biltmore Circle from the southwest right of way line of Biltmore Drive, extending in a southwesterly direction for a total of approximately 160 feet, located in Country Club Estates No. 12. City Manager Townsend explained that the proposal is simply a re -alignment of a street which does not actually exist; that it is being redesigned to continue into the area to the south which will be known as Country Club Estates No. 17,; He stated there are no utility problems; that it will be a better plan, is approved by all affected City Departments, and that it is his recommendation that the street be officially closed. No one appeared in favor or in opposition to the foregoing street closing. Motion by Bradley, seconded by Lozano and passed, that the hearing be closed. Motion by de Ases, seconded by McDaniel and passed, that the recommendation of the City Manager be concurred in and that all of Biltmore Circle from the southwest right of way line of Biftmore Drive, extending in a southwesterly direction for a total of approximately 160 feet, located in Country Club Estates No. 12, be closed, and that an ordinance be brought forward effectuating the closing. Mayor Blackmon announced the public hearing for the closing of all of Link Drive from Sahara Drive in a northwesterly direction for a distance of approximately 120 feet, located in Meadowlark Park, Unit I. City Manager Townsend pointed out on a map the location of the area proposed to be closed; explained that the request came from Urban Engineering, and that the communications indicate that the owners of Egyptian Place No. 2 wish to replat the area into one lot. He further explained that the area in question is linked to property which the City acquired as a protective area around the sewer plant, and that this is the only access into the tract acquired Minutes Regular Council Meeting July 22, 1970 . Page 3 by the City. He stated that there are no utilities which will not be protected by easements, and that no opposition had been interposed by affected City Departments. He stated he was concerned that same value may have accrued to the public from the dedication of the easement, but the City did not need the easement and thus, with that reservation, it was his recommendation that the street be closed. No one appeared to speak in favor or in opposition to the foregoing proposal to close Link Drive. Motion by Sizemore, seconded by Bradley and passed, that the hearing be closed. Motion by Bradley, seconded by Roberts and passed, that the recommendation of the City Manager be concurred in and that all of Link Drive from Sahara Drive in a northwesterly direction for a distance of approximately 120 feet, located in Meadowlark Park, Unit I, be closed, and that an ordinance be brought forward effectuating the closing. Mayor Blackmon called for the City Manager's Reports. Motion by Lozano, seconded by Roberts and passed, that the City Manager's Reports, Items "a" through "i", with Sizemore voting "Nay" on Item "h", be accepted, and that the requests and recommendations be granted and approved as follows: a. That the date of August 12, 1970, 3 p.m. Regular Meeting, be set for a public hearing on the following zoning cases: (1) Whataburger Drive Inns, from "B-1" to "B-4" south of the intersection of South Staples Street and Everhart Road; (2) Urban Engineering, from "R -1B" to "B-1" at the intersection of South Staples and Williams Drive; and (3) Roy Smith and E. S. Joslin, from "R -1B" to "B-4" north of South Padre Island Drive between Prinston and Holmes Drive; b. That an appropriation in the amount of $25,334.26 to reimburse the General Fund for architect, land acquisition, and related costs incurred for the new swimming pool at Brownlee and Winnebago prior to the sale of bonds, be authorized; c. That an appropriation in the amount of $5,000 for resident inspection, laboratory testing and other expenses for Phase I of the International Airport Project for June and July, be authorized, due to original estimate of other costs assumed completion of construction by the end of May, extra laboratory tests on hot -mix, and a change order for sand backfill over electrical cables; • Minutes Regular Council Meeting July 22, 1970 Page 4 d. That an appropriation in the amount of $7,613.67 to provide reimbursement for the sewer construction crew for an extension to St. Martin's Subdivision ($4,659.26) and additional cost for the Laguna Heights Subdivision lateral lines ($2,954.41) and an appropriation in the amount of $6,391.26 from Storm Sewer Bond Fund for relocation of an 18 -inch sanitary sewer trunk crossing the Schanen Ditch, be authorized; e. That the milk and milk products ordinance be amended by adding a provision for reinspection fee of $25.00, and by adding a provision that currently paid license fees and reinspection fees be mandatory to the maintenance of a valid permit; f. That a contract between the City and the Corpus Christi Independent School District for the City to carry out a Summer Recreation Project for $84,000; be approved. (The Depart- ment of Labor's contract with the School District for its continuing Neighborhood Youth Corps Program is being amended to make the summer project possible and will provide 65 recreation program aides at 21 playground areas; the $84,000 will be used for two supervisors, 42 recreation leaders, 4 recreation specialists, $10,000 of playground equipment, $21,000 of recreation supplies, $3,200 for custodians, and $20,210 for transportation for various field trips, insurance, admission fees and food); g. That the firm of Monroe and Bass be employed to prepare plans and specifications for the improvement of Greenwood from Horne to. Padre Island Drive and West Point Road from Greenwood to Columbia, which improvement is scheduled for contract in the fall of 1971; h. That the date of August 5, 1970, be set for public hearing For the annexation by ordinance of five miles of the bed of the Nueces River west of the 0. N. Stevens raw water intake, Corpus Christi Bay to Mustang Island, and that portion of Laguna Madre between Flour Bluff and the Intercoastal Canal to within five miles of the National Seashore: i. That the appointment of Mr. Robert 0. Walker as Purchasing Agent, be approved. City Manager Townsend presented pending items, and the following actions taken: Motion by Roberts, seconded by Lozano and passed, that the stub end of Hudson Street, between Block. 1 and Block 9, Midway Addition; the stub end of Rosalie Boulevard, lying between Block 9, Midway Addition and Block 6, Prescott Park, Unit 01; and the stub end of Garden Drive, lying between Block 7, Inwood Village, Unit 41, and Block 8, Inwood Village, • • Minutes Regular Council Meeting July. 22, 1970 Page 5 Unit #2, be closed, with the City eliminating visible signs of the streets in Vestal Drive at the City's cost, and provision for a utility easement in Rosalie Drive unless the owner wishes to relocate the existing water main, and a utility easement across each street continuing the rear lot easement, and that an ordinance be brought forward effect--aa°ng the closing. Motion by Bradley, seconded by de Ases and passed, that the recommendation of the Planning Commission and Staff be concurred in and that Application #670-3, City of Corpus Christi, for change of zoning from "AT" Apartment -Tourist District to "B-4" General Business District, on a 2.83 -acre tract of land located in Brooklyn Addition, Block 414, Lots 1, 3, & 5 and the Givens Tract plus the street right of way of Timon Boulevard, located on the North end of Corpus Christi Beach, west of Timon Parkway (R.R. ROW), East of Highway #181, North of Hull Street to Corpus Christi Bay, be denied, but in lieu thereof a Special Permit be granted for a resort campground for mobile campers and travel trailers subject to an approved plot plan, and that an ordinance be brought forward effectuating the special permit. ORDINANCE NO. 9843 AMENDING ORDINANCE NO. 8211, GENERALLY REFERRED TO AS THE MILK AND MILK PRODUCTS ORDINANCE OF THE CITY, PASSED AND APPROVED BY THE CITY COUNCIL ON OCTOBER 19, 1966, BY ADDING TO SECTION 3 A PROVISION FOR REINSPECTION FEE OF $25; AMENDING SECTION 15 OF THE AFORESAID ORDINANCE TO HEREAFTER PROVIDE THAT CURRENTLY PAID LICENSE FEES AND REINSPECTION FEES SHALL BE MANDATORY TO THE MAINTENANCE OF A VALID PERMIT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; 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. 9844 APPROPRIATING OUT OF NO. 291 PARK BOND FUND THE SUM OF $25,334.26, APPLICABLE TO PROJECT NO. 291-70-7, DESIGNATED AS THE BROWNLEE WINNEBAGO SWIMMING POOL; AUTHORIZING REIMBURSEMENT TO THE NO. 102 GENERAL FUND IN THE AMOUNT OF $25,334.26, THE AMOUNT HEREBY APPROPRIATED, REPRESENTING AMOUNTS PREVIOUSLY ADVANCED FOR ARCHITECTURAL FEES, RIGHT OF WAY ACQUISITION, AND OTHER EXPENSES, PENDING SALE OF BONDS; 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 July 22, 1970 Page 6 ORDINANCE NO. 9845 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR ARCHITECTURAL SERVICES WITH MORGAN SPEAR, ARCHITECT, FOR THE PREPARATION OF PLANS AND SPECIFICATIONS FOR FIRE STATION NO. 13 IN FLOUR BLUFF, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING OUT OF NO. 207 PUBLIC BUILDING BOND FUND THE SUM OF $7, 125, OF WHICH $6,125 IS FOR THE ARCHITECT'S FEES AND $1,000 IS FOR TESTING AND INCIDENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO. 207-64-1, FIRE STATION NO. 13, FLOUR BLUFF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by thefollowing vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". ORDINANCE NO. 9846 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SWANSON-HEISTER-WILSON-BOLAND ARCHITECTS FOR THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE MUNICIPAL SERVICE CENTER, A COPY OF SAID AGREE - MEND BEING ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING OUT OF NO. 207 PUBLIC BUILDING BOND FUND THE SUM OF $67,000 OF WHICH $63,000 IS FOR THE ARCHITECTURAL FEE AND $4,000 IS FOR TESTING AND INCIDENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO. 207-70-10, EQUIPMENT SERVICE CENTER, PHASE II; 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. 9847 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR ARCHITECTURAL SERVICES WITH ORBY G. ROOTS AND CHARLIE L. BELLAH, ASSOCIATED ARCHITECTS, FOR THE DESIGN OF PIANS AND SPECIFICATIONS IN CONNECTION WITH THE CONSTRUCTION OF A MUNICIPAL SWIMMING POOL IN GREENWOOD PARK, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING OUT OF NO. 291 PARK BOND FUND THE SUM OF $13,000 OF WHICH $11,600 IS FOR THE ARCHITECTURAL FEE AND $1,400 IS FOR TESTING AND INCIDENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO. 291-70-9, GREENWOOD PARK POOL; 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 July 22, 1970 Page 7 ORDINANCE NO. 9848 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT FOR ARCHITECTURAL SERVICES WITH JOHN M. OLSON, ARCHITECT, FOR THE DESIGN OF PLANS AND SPECIFICATIONS FOR THE ADDITION TO T. C. AYERS RECREATION CENTER, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING OUT OF THE NO. 291 PARK BOND FUND THE SUM OF $5,000 OF WHICH $4,000 I5 FOR THE ARCHITECT'S FEES AND $1,000 1S FOR TESTING AND INCIDENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO. 291-70-11, EXPANSION OF T. C. AYERS RECREATION CENTER; 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, 9849 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BLANTON-YEAGER FOR ARCHITECTURAL SERVICES IN CONNECTION WITH THE DESIGN OF PLANS AND SPECIFICATIONS FOR THE ADDITION TO BEN GARZA RECREATION CENTER, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING OUT OF THE.NO. 291 PARK BOND FUND THE SUM OF $6,600 OF WHICH $5,600 IS FOR THE ARCHITECT'S FEE AND $1,000 IS FOR TESTING AND INCIDENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO. 291-70-15, BEN GARZA RECREATION CENTER EXPANSION; 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: 9850 APPROPRIATING OUT OF THE NO. 245 AIRPORT BOND FUND, THE SUM OF $6,000 TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCES NO. 9803 AND 9094 FOR CONSTRUCTION CONTINGENCIES, APPLICABLE TO PROJECT NO. 245-68-11, CORPUS CHRISTI INTERNATIONAL AIRPORT EXPANSION; 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. 9851 CLOSING A PORTION OF CULBERSON STREET FROM CRAVEN HEIGHTS ANNEX ".A", AND INTERSTATE HIGHWAY BUFFALO STREET FRONTAGE ROAD ADJACENT TO LOTS 4, 5, AND 6, BLOCK 2, AND LOTS 1, 7, AND 8, BLOCK 1, CRAVEN HEIGHTS ADDITION, CITY OF CORPUS CHRISTI, TEXAS; 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 July 22, 1970 Page 8 ORDINANCE NO. 9852 • 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 OTHEL J. THOMPSON BY GRANTING A SPECIAL COUNCIL PERMIT FOR WAREHOUSE STORAGE FACILITIES ON ALL OF LOTS 3 AND 4, BLOCK F, LEXINGTON PLACE, LOCATED IN THE 2900 BLOCK OF SOUTH PADRE ISLAND DRIVE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNT1 y TEXAS, AS MORE FULLY DESCRIBED ON THE APPROVED SITE PLAN, ATTACHED HERETO AND MADE A PART HEREOF; 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, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". ORDINANCE NO. 9853 APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $7,613.67, OF WHICH $4,659.26 IS FOR CONSTRUCTION OF A SANITARY SEWER LATERAL TO SERVE ST. MARTIN'S SUBDIVISION, PROJECT NO. 250-67-75; AND $2,954.41 IS FOR THE CON- STRUCTION OF LAGUNA HEIGHTS SUBDIVISION LATERAL LINES, PROJECT NO. 250-67-76; AND APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $6,391.26 FOR THE RELOCATION OF AN 18 -INCH SANITARY SEWER TRUNK CROSSING THE SCHANEN DITCH, SCHANEN DITCH-OSO CREEK TO WEBER, PROJECT NO. 295-64-37; AUTHORIZING REIMBURSEMENT OF 109 SEWER FUND FOR ALL AMOUNTS ADVANCED FOR LABOR AND MATERIALS FOR THESE PROJECTS FROM SAID 109 SEWER FUND FOR ALL AMOUNTS ADVANCED FOR LABOR AND MATERIALS FOR THESE PROJECTS FROM SAID 109 SEWER FUND; 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. 9854 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECITE AND DELIVER AN AMENDED MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND LICHTENSTEIN'S, INC., PROVIDING FOR THE BEAUTIFICATION OF THE SIDEWALK AREA ON THE LAWRENCE AND CHAPARRAL STREET SIDES OF THE LICHTENSTEIN'S PRO- PERTIES, A COPY OF WHICH AMENDED MEMORANDUM OF 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". • • Minutes Regular Council Meeting July 22, 1970 Page 9 ORDINANCE NO. 9855 AMENDING SECTION 21-131 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING PARAGRAPH 1, OF SUBSECTION (a), SO AS TO RESTORE PARKING METERS ON THE WEST SIDE OF CHAPARRAL STREET, ADJACENT TO LICHTENSTEIN'S, INC., AND BY AMENDING PARAGRAPH 5, OF SUBSECTION (a), SO AS TO RESTORE PARKING MEMBERS ON THE NORTH SIDE OF LAWRENCE STREET BETWEEN CHAPARRAL STREET AND MESQUITE 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, McDaniel, Roberts and Sizemore, present and voting "Aye". Following a brief recess, Mayor Blackmon reconvened the meeting and announced the scheduled public hearing on paving assessments for the improvement of Ocean Drive, Unit V, from Alameda Junction, approximately 120 feet East of the easterly right of way line of Alameda Street to the North Gate, Naval Air Station. Mayor Blackmon directed that it be noted that a quorum of the Council was present; that each member of the Council had been furnished with a copy of the Assessment Roll; explained the procedure to be followed; and stated that Assistant City Attorney Bob Coffin would conduct the public hearing. Mayor Blackmon stated that due to the fact that he is a member of the Board of Trustees of the University of Corpus Christi, (owners of Parcel (a) South Side, and Parbel (b) North Side), he would disqualify himself from taking part in any decisions on those parcels. Mr. Bob Coffin explained the purpose of the public hearing and stated the Staff would offer testimony from the City Engineer and evaluation testimony from a real estate appraiser to substantiate the assessments which appear on the Assessment RoII, and that the hearing was to form a basis on which the Council, acting as a legislative body, would determine or establish the assessments on the abutting properties. City Engineer Gerald Smith, presented the plans and specifications for the proposed improvements; testified as to his qualifications and as to the nature, extent and specifications; stated that the project is to be financed jointly by the Federal Government and the City; that the local share is the amount over and above $1,000,000.00 which is to be paid by the Federal Government, the City's share being $65,935.79, of which amount $21,919.24 will be assessed • • Mi nutes Regular Council Meeting July 22, 1970 Page 10 against the abutting property owners and the City paying the remainder in the amount of $44,016.55. He explained that the total cost includes the elevated bridge and all roadwork set forth in the contracts with the State. He explained the manner in which the pro;rata share was computed, and stated that the assessment rates have been determined to include only the curb and gutter sections and the hot -mix asphalt surface, and that the rates are calculated based on the low bid submitted by Heldenfels Brothers. He further stated that the rates calculated on this project are comparable to the rates used on the Weber Road Project. Mr. Harold Carr, the City's expert witness, testified as to his background and experience which he felt qualified him as a real estate appraiser. He testified that he had personally viewed and understood the extent and specifications of the proposed improvements; stated that he had personally viewed the assessment roll and each of the properties to be assessed, and that in his opinion, each of the properties so assessed would be enhanced in value at least to the extent of the proposed improvements. Owners and representatives of the three abutting properties were given an opportunity to question Mr. Smith and Mr. Carr relative to specifications and methods used in calculating the rates and bases for assessments. Mr. Jerry Fischer, attorney representing the University of Corpus Christi, questioned Mr. Carr if his opinion that the property would be enhanced was based on an appraisal both before and after the improvements; and what method he had used in arriving at the amount of the enhancement. Mr. Carr stated he had taken into consideration the front footage on Ocean Drive of the property owned by the University of Corpus Christi on which side most of the improvements will be constructed, and also the north side of the property which extends down to the water's edge. He stated he had been advised that it was not necessary for an appraisal of properties before the improvements, and that he does not have the burden of making an exact appraisal of the property; that his opinion was based on his familiarity with the property and the value which he considered would be added by virtue of the improvements. He stated the mefhods'he had used in arriving at his conclusion were the same elements used on other projects which were consideration of the condition of the street before and after the improvements, width, condition AID Minutes Regular Council Meeting July 22, 1970 Page 11 of curbs, drainage, comparison to other streets, etc; stated that waterfront properties are considered more valuable, and that R was his opinion that the property in question would be enhanced in value at least the amount of the assessment and perhaps two or three times this amount. Mr. William Riddick, appeared representing G. W. Henrichson and Dave Sughrue, Lot 5, Section 16, Flour Bluff and Encinal Farm and Garden Tracts, and questioned Mr. Carr if his opinion had been based partially on the benefits which have obviously accrued on the previous Ocean Drive Project. He stated that the traffic which moves along the portion of Ocean Drive from the Alameda Junction toward town, is used primarily to accommodate residents of Ocean Drive and adjoining areas for use in traveling back and forth to town, and stated that the portion of Ocean Drive from the Alameda Junction to the Naval Air Station is different in character being used primarily for Naval Base traffic and does not serve as an artery for streets leading to and from homes or businesses. Mr. Carr stated that in arriving at his opinion that the subject property would be enhanced in value at least to the amount of the assessment, he had taken into account the benefits which have already accrued on the previously improved portions of Ocean Drive, and that it is part of the total picture. He pointed out that there are many incidental uses for this street, a portion of which is to accommodate traffic to the Naval Air Station and partly to benefit travelers to and from residences along the roadway. He predicted that some of this property will be developed commercially, stated that it is his opinion that the owners, at the present time, would not consider selling the land for $2.50 per front foot, and that it is his opinion that the proposed improvements on this portion of Ocean Drive will change the entire character of the property and increase its value tremendously. Mr. Riddick stated that Mr. Carr appears to be basing his opinion on the eralue of the property on its potential possibilities which will cost more than the estimated accrued value after the proposed improvements. Mayor Blackmon stated that each property owners, having been given the opportunity to question Mr. Smith and Mr. Carr relative to specifications and bases for assessments, would nowbe privileged to state their objections to the assessments. a Minutes Regular Council Meeting July 22, 1970 Page 12 Item 01, G. W. Henrichson and Dave Sughrue, Lot 5, Section 16, Flour Bluff and Encinal Farm and Garden Tracts - Mr. Riddick, spoke in protest to the amount of the assess- ments, stating he had been involved in attempting to improve the areas in this vicinity, including Cayo del Oso, for the past ten years, and pointed out that an attempt had been made to have Ocean Drive re-routed behind the University of Corpus Christi, which would have enhanced the value of the land, but that all of these have failed, and now the City is pro- posing to enhance the value by improving the street and assessing the property owners for the costs. He re-emphasized his statement that the improvement would primarily serve the Naval Air Station and would not be for the benefit of the property owners, and that he feels the enhancement, as discussed by Mr. Carr, is arbitrary and that it is his opinion that no enhance- ment to the property will accrue by virtue of the improvements. Item #2, Jack Maddux, Lot 17, Block 1, Edgewater Terrace - Mr. Maddux stated he was very well satisfied with the proposed improvements and did not object to the assessments. Item #3, University of Corpus Christi (a) South Side, and (b) North Side - Attorney Jerry Fischer gave a history of former proposals for the improvement of Ocean Drive in which he stated several Federal Agencies have been involved, one of which was for obtaining better access through the North Gate route, and that a Federal Agency did agree to the grant of one -million dollars for this plan; stated that the initial Highway Department plans for this were estimated to be something under one million; that at that time the City agreed to pay the difference between one million and the actual cost of the improvements. He stated that he had been informed that the cost is comparable to that of the Weber Road improvements, but that it is his opinion that the two projects are entirely different; stated that the City, in that instance, bore the major portion of the construction costs, but in this case the City is attempting to regain in excess of one-third of the construction costs. He stated that Mr. Carr's opinion relative to the University of Corpus Christi may or may not apply, but that he doubts that the improvement of this street is going to attract any more students to the University, and will not make it any more economical to operate. He further questioned the enhancement of the property by virtue of the improvements to the water side because of its shallow depth. He stated he feels the enhancement should be based on present usage rather than on potential enhancement in the future, and that he feels the cost should be shared by those citizens who will use the street. Minutes Regular Council Meeting July 22, 1970 Page 13' City Manager Townsend pointed out that the 1961 bond issue of which Mr. Riddick referred, was for the expansion of the Oso Sewage Treatment Plant; that the bonds were sold and expended for acquisition of land and sewage treatment facilities in that area. He pointed out that the bond issue for rerouting Ocean Drive did not pass; that Weber Road is a State Highway and therefore, some similarity to the subject project does exist. No one else appeared to be heard in connection with the proposed street improvements. Motion by Roberts, seconded by Bradley and passed, that the hearing be closed. Motion by Sizemore, seconded by Roberts and passed, that the matter of paving assessments on Ocean Drive, from Alameda Junction to Naval Air Station, be tabled for further consideration. Motion by Roberts, seconded by Bradley and passed, that City Secretary Kring be authorized to publish notice of public hearing to be held by the City Council at its regular meeting in the Council Chamber of the City Hall, at 3:00 p.m. on August 5, 1970, to provide an opportunity for all interested persons to be heard concerning the intention to institute and complete proceedings for the annexation of the following areas: Beginning at a point in the present city limits line, said point being on the low- water line on the south side of the Nueces River, said point being immediately northeast of the City of Corpus Christi 6.90 -acre tract adjacent to River Forest Subdivision for a corner of this tract, herein described; Thence upstream in a general westerly direction with the meanders of said low- water line of the south side of the Nueces River, a distance of 5.0 miles more or less to a point; Thence in a northerly direction across the Nueces River low-water line, to the low-water line on the north side of the Nueces River for a point; Thence downstream in a general easterly direction with the meanders of the low- water line on the north side of the Nueces River to a point in the present city limits Eine opposite and northwest of said 6.90 -acre City of Corpus Christi tract; Thence southeasterly with the present city limits line across the Nueces River low-water line to the point of beginning, Containing 30.5 acres of land more or less; and the area described as: Beginning at a point in the present city limits of the City of Corpus Christi, said point being the most easterly corner of State Tract No. 417; Minutes Regular Council Meeting July 22, 1970 Page 14 Thence in a southerly direction with the present city limits line to its intersection with the northeast boundary line of State Tract 422 to a point; Thence in a northeasterly direction with a line that is one mile southeast of and parallel to the present Aransas Pass city limits line and its extension northeasterly, to a point in the northeast boundary line of State Tract No. 347: Thence in a southeasterly direction with the northeast boundary line of State Tracts 347, 384 and 385 to its intersection with the northwest boundary line of Wm. Little Survey, Abstract No. 214 for a corner; Thence in a southwesterly direction with the northwest boundary line of said Wm. Little Survey to the most westerly corner of said Wm. Little Survey for a corner; Thence in a southeasterly direction with the southwest boundary line of said Wm.. Little Survey to its most southerly corner thereof, in the northwest boundary line of the Edward Hall Survey, Abstract No. 160 for a corner; Thence in a southwesterly direction with the Northwest boundary line of the said Edward Hall Survey and continuing with the northwest boundary line of the Sam Wilson, Jr. 1280 acre tract (Samuel Ward Survey, Abstracts No. 406 and 407) to the most westerly corner thereof for a corner; Thence in a southeasterly direction with the southwest boundary line of said Samuel Ward Survey, Abstract No. 407, to its intersection with the most northerly corner of the. Sam Wilson, Jr. 320 acre tract Wm. Little Survey, Abstract No. 212 for a corner; Thence in a Southwesterly direction with the northwest boundary line of Sam Wilson, Jr.'s 1280 acre tract, Wm. Little Surveys, Abstracts Nos. 212, 211, 210 and 213, to the most westerly corner thereof, for a corner of this description; Thence in a northwesterly direction with the northeast boundary line of the Sam Wilson Jr. 640 acre tract, James M. Waterberry Survey, Abstract No. 408 to its most northerly corner thereof for a corner of this description; Thence in a Southwesterly direction with the Northwest boundary line of said Water - berry Survey to its ihtersection with the most easterly corner of the Wm. Little Survey, Abstract No. 218 for a corner; Thence in a northwesterly direction with the northeast boundary line of said Wm. Little Survey, Abstract No. 218, to the most northerly corner thereof, said corner being on the eastern shoreline of Corpus Christi Bay, for a corner of the tract herein described; Thence in a southwesterly direction with the meanders of said shoreline to its inter- section with the most westerly corner of the A. B. Davis Survey, Abstract No. 944 for a corner of the tract herein described; Thence in a southeasterly direction with the southwest boundary line of said A. B. Davis Survey and with the southwest boundary line of the R. A. Harvey Survey, 164 to its intersection with the most northerly corner of the Uriah Hayden Survey, Abstract No. 162 for a corner of the tract herein described; 41, Minutes Regular Council Meeting July 22, 1970 Page 15 Thence in a southwesterly direction with the northwest boundary line of said Uriah Hayden Survey to its most easterly corner thereof, said corner being in the northeast boundary line of the Uriah Hayden Survey, Abstract No. 161 for a corner of the tract herein described; Thence in a northwesterly direction with the northeast boundary line of said Uriah Hayden Syrvey, Abstract No. 161 to its most northerly corner thereof for a corner of Phe tract herein described; Thence in a general southwesterly direction with the northwest boundary lines of said Uriah Hayden Survey, Abstract. No. 161, Wm. Little Survey, Abstract 217, and Wm. Bryan Survey, Abstract No. 714, to the most southerly corner of State Tract No. 55, for a corner; Thence in a northwesterly direction with the southwest boundary line of said State Tract No. 55 to the most northerly corner of State Tract No. 56 for a corner of the tract herein described; Thence in a southwesterly direction with the common boundary line of State Tracts 56 and 57 and 59 and 58 fa its intersection with the East shoreline of Corpus Christi Bay for a corner of the tract herein described; Thence in a general southwesterly direction with the meanders of said shoreline to its intersection with the most northerly corner of State Tract No. 60 for a corner of the tract herein described; Thence in a southwesterly direction with the common boundary line of State Tracts 58, 60 and 61 to its intersection with the East shoreline of Corpus Christi Bay for a corner of this tract; Thence in a northwestly direction with the northeast right of way line of said John F. Kennedy Causeway to a point opposite and north of the Padre Island Investment Co. lease line for a corner; Thence in a southwesterly direction across the John F. Kennedy Causeway and with the said Padre Island Investment Co. Lease line to its intersection with the East shoreline of Laguna Madre for a corner; Thence in a general southwesterly direction with said east shoreline to its inter- section with the southwest boundary line of State Tract No. 179 for a corner; Thence in a northwesterly direction across Laguna Madre and in a straight line to the intersection of the Nueces-ICleberg County Line with the East shoreline of said Laguna Madre for a comer; Thence in a general north -northeasterly direction with the meanders of said Laguna Madre Shoreline to the point of intersection of the present City limit line with the West shoreline of Laguna Madre for a corner; Thence in a southeasterly direction with the present City limitline to its intersection with the East bank of the Intracoastal Waterway for a corner; Thence in a northerly direction with the present City Limit line to a point of beginning; Containing 73.0 squaremiles more or less. There being no further business to come before the Council, the meeting was adjourned.