HomeMy WebLinkAboutMinutes City Council - 02/24/1971MI Nru TLS
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
February 24; 1971
2:00 P. M.
PRESENT:
Mayor Jack R. Blackmon
Mayor Pro Tem Gabe Lozano, Sr.
Commissioners:
Eduardo E. de Ases
Ken McDaniel
W. J. Roberts
Ronnie Sizemore
City Manager R. Marvin Townsend
City Attorney Jim Riggs
Assistant City Attorney Bobby L. Terry
City Secretary T. Rpy Kring
Mayor Jack R. Blackmon cal led the meeting to order.
The Invocation was given by Conimissioner W. J. Roberts in the absence of the
invited Guest Chaplain.
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by McDaniel, seconded by de Ases and passed, that the absence of Commissioner
Bradley be excused for just cause.
The Minutes of the Regular Council Meeting of February 10, 1971, were approved as
submitted to the Council.
Mayor Blackmon announced the issuance of proclamations relative to the following:
MOBILE HOME WEEK, February 23 throuth 28, 1971; and PUBLIC SCHOOLS WEEK, March 1
through 5, 1971. The latter proclamation was received by Mr. Arturo Vasquez, Secretary of
the Corpus Christi School Board, who urged that citizens visit the public schools in view of the
fact that education is undergoing considerable changes and the public should be aware of
these changes.
Mr. Cuban Burbank, 1127 Ocean Drive, appeared and read a letter on behalf of
Mr. James P. Kenney, 434 Texas, requesting that the City Council adopt an ordinance which
would prohibit smoking in crowded areas such as elevators, buses and theaters, stating that
non-smokers, which are in the minority, should not be subjected to smoke-filled air in limited
space areas. He stated that the danger of fire constitutes a hazard to life and property, should
be considered a felony, and is an infringement upon the rights of others. (Council Exhibit 02-71)
Miss Beth Payne, a student of biology at Del Mar College and noted for her concern
for the preservation of wildlife, appeared accompanied by a fellow -student, Phil Dering, and
requested that the Council not proceed with plans to develop the marshy area between Oso Creek
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Minutes
Regular Council Meeting
February 24, 1971
Page 2
and Corpus Christi, known as the Cho, but that it be preserved as a fish and bird habitat.
She stated the area k important and ideal as a nesting ground for many species of fowl and
fish, and stated that many conservationists share her views.
It was explained to Miss Payne that the City does not control all of the area, only
the portion located in front of the Sewer Plant, but that the request would be received for
study.
Bids were opened and recd by Public Works Director Jack McDaniel on six con-
struction projects as follows:
Cole Park Seawall and Fishing Pier: W. T. Young Construction Company, L. W.
Richardson Construction Company, Heldenfels Brothers, Ausco, Inc., and Misener Matine
Construction Company;
Museum Building Expansion: Burnett Construction Company, Lanphier Construction
Company, A & A Construction (Victoria), Braselton Construction Company, and Roe Corporation;
Hurricane Celia Damage repairs to West Guth Park Comfort Station #1: J. H. Chapman
Construction Company, and Mayfield Construction Company;
Fire Stations No. 1, 2, 3, 4, 7, 8, 9, 10, 11 & 12 (Hurricane Celia Damage repairs):
Roofcraft, Mendenhall, Maurice Mandel Corporation, and Bartex Construction Company;
Sanitary Sewer Extensions for Rolling Acres No. 1 and 2, and Navigation Industrial
Park: W. T. Young Construction Company, T. H. Lee, Maverick Construction Company,
Heldenfels Brothers, Cactus Utility Company and Burtex Constructors;
International Airport Terminal Building Celia Damage Repairs: Manson Industries,
Maurice Mandel, Bartex Constructors, Inc., Richardson Construction Company, and Roe
Corporation.
The foregoing bids were tabled for 48 hours as required by the City Charter and referred
to the City Manager for tabulation and recommendation.
Mayor Blackmon recognized and welcomed members of the Student Council from Tom
Browne Junior High School and presented Certificates of Attendance to the following: Mary
Abney, Peggy Wel-kmeister, Melissa Wilson, Sandi Barnett, Bill Nelson, David McNitzky, and
Ginger Flint.
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Minutes
Regular Council Meeting
February 24, 1971
Page 3
Mayor Blackmon called for the City Manager's Reports.
City Manager Townsend presented recommendations "a" through "s", temporarily
deferring recommendation "1" to be cons$dered separately, as follows:
a. That a contract be awarded to The Rohan Company of Waco, Texas, to furnish
6,000' of 3/4", 1,200' of 1" and 200' of 2" Type K, Soft Copper Tubing, Seamless, on
the basis of low bid of $3,543.00 (Bid Tabulation #11-71); and that Gulf Supply Company
be permitted to withdraw their $666.00 bid as being an obvious error;
b. That the contract of $29,827.31 for Hurricane Celia Repairs to the City Transit
System be accepted as complete and that final payment of $3,261.34 be approved to Manson
Industries;
c. That the written offer of $9,000 made by the Parkway Church of Christ,be
accepted as the purchase price for a City -owned 0.591 -acre tract of land, fronting
approximately 185' on Dakin Place, having a depth of 265', siding approximately 290' on
Brawner Parkway, and being that tract known as Sarah Gocher Annex, filed in Volume 24,
Page 81, of the Map Records of Nueces County, with the City reserving a utility easement
10' wide by length of existing sewer line, and purchaser paying all closing costs; (Bid
Tabulation #12-71)
d. That the date of March 15, 1971, at 2 p.m. Special Meeting, be set for public
hearings on the following applications:
(1) Oliver W. Beasley - from ?'F -R" to "13-4", bounded on the north by I.H. #37,
on the south by Upriver Road, west of Missouri Pacific Railroad Tracts.
(2) H. W. Riner - from "R -1B" to "A-1" on the south side of Browner Parkway
between Carroll Lane and Kostoryz Road.
(3)
Julian Puente - from "R -1B" to "B-4", on the west side of Angela Street north
of Bloomington Street.
(4) E. A. Wilson - from "R -1B" to "B-4", between Weaver & McDonald Streets
north of Padre Island Drive.
(5) Ted M. Anderson - from "R-18" to "B-4" on Tract 1 & from "R -1B" to "A-1"
on Tract 2, on the south side of Padre Island Drive west of Everhart Road.
(6) Saratoga Land Company - from "R -1B" to "R-2" on Tract A & from "R -1B" to
"A-1" on Tract B, along the north side of Woolridge Road and the west side
of South Staples Street;
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Minutes
Regular Council Meeting
February 24, 1971
Page 4
e. That an informal public hearing be held on 41Aarch 3, 1971, to review the
request of Tennessee Pipeline Construction Company to discharge between 15,000 and
20,000 gallons per day of domestic sewage from a sewage treatment plant at Cuddihy
Field into Oso Creek;
f. That on amendment to the Alice Water Contract be approved to assure a future
water wupply for Alice and a minimum monthly payment to Corpus Christi (The amendment
will be the first contract under the recent Charter amendment authorizing contracts in
perpetuity. Alice's minimum is now $100. The proposed contract creates a minimum based
on highest previous annual water requirements and annual debt service for Lake Corpus
Christi. The annual minimum under the formula would be $34, 163. Approval of the
contract by the Water Rights Commission and the Lower Nueces River -Water Supply District
will be sought after Council approval);
g. That an agreement with McCord and Lorenz, Architects and Engineers, for
professional services required in connection with the design Of plans and specifications for
certain improvements to the Corpus Christi Marina, be authorized, and that an appropriation
from No. 292 Marino Improvement Bond Fund in the sum of $20,000.00 of which $19,685.00
is for the Engineering fee and $315.00 for incidental expenses, all applicable to Project
No. 292-70-1, be approved;
h. That a commercial and industrial waste disposal ordinance be adopted to provide a
better control of commercial and industrial waste entering the City sewer system and a surcharge
to cover the cost of treating sewage with a high B.O.D. or suspended solids, the proposed
ordinance to be consistentVOth the recommendations of the Texas Water Quality`Board; (see
subsequent action this meeting deleting,thi matter)
i. That the date of March 3, 1971, be set for an informal hearing on the request of
the Centex Cement Corporation to the Texas Air Control Board for an extension of their vari nce
to August 31, 1971, because of design and installation problems with their electrostatic
precipitators;
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Regular Council Meeting
February 24, 1971
Page 5
j. That Adcraft Advertising be authorized to expend $5,230.00 from the Tourist
and Convention Fund For billboard advertising in Houston, San Marcos, Victoria and
Monterrey, supported by the 2% Hotel -Motel Occupancy Tax;
k. That the City sell 3 surplus lots purchased by the City at the Sh‘lriff's 2nd Tax
Sale, to the Community Development Corporat:ibm„ an independent non-profit foundation,
for development for low income housing, as follows:
(1) 1812 Kennedy Street, Lot 5, Block II, Citizens Addition,($910.0Q);
(2) 1618 Caldwell,Street, Lot 3, Block 5, Paul Court Addition $1,150.00);
(3) 321 Osage Strdet, Lot 7, Block 16, Meadow Park (reserving a 5' x 50' strip
for Osage Street right of way) ($1,150.00); for a total of $3,210.00
ii, (Considered separately)
m. That Parcel 117 of the Greenway Right of Way be acquired from Mr. and Mrs.
Burley F. Fellows for the sum of $4,237 plus $150.00 for related costs;
n. That bids be received on March 17, 1971, for the burial of debris deposited at
Cabaniss and Waldron Fields as a result of Hurricane Celia, the estimated cost to be reim-
bursable from O.E.P.;
o. That the City accept the proposed option figure of $11,500 per acre for the sale
of property at 3900 Ramsey Street to the Corpus Christi Housing Authority;
p. That the Council authorize publication of 60 -day notice of intent to adopt
City -Hosing Authority agreement of 1971, pursuant to Art. 1269(1), Sec. 7a, and to
change references to "National Housing Act as amended, (herein called the Act") sto
read "United States Housing Act of 1937, as amended, (herein called 'Act");
q. That plans and specifications for the Service Center be approved and that bids
be received on March 24, 1971, the base bid being for the Equipment Maintenance Building
and Service Station, with alternate bids being taken for the Street and Sanitation Buildings
for the Heavy Equipment Building;
r. That a settlement agreement in the McCord case whereby the City will install a
sewer line in the 10' dedication along Ayess Street within two years with abutting owners
paying the usual $2 front foot charge and tap fees, be approved (upon completion of the sewer
line, the disputed 10' street dedication will become permanent strelkt right-of-way); and
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Minutes
Regular Council Meeting
February 24, 1971
Page 6
s. That the condemnation proceedings initiated against Mr. Ed Schroeder for
acquisition of property for extension of Josephine Street, be withdrawn, as it has been
determined that the street can be constructed without the drainage ditches, that curbs,
gutters and sidewalks can be constructed within 50' right-of-way without the offset in
the existing right-of-way and without the additional 10' from Mr. SchroOder.
Mr. A. C. Skinner, president of the Oriental Laundry and Cleaners, appeared and
stated he and approximately 10 other laundry and dry cleaning establishments were opposed
to the recommendation that an ordinance be adopted regulating commercial and industrial
waste disposal and the proposed surcharge covering cost of treating sewage as recommended
by City Manager Townsend. He stated that the surcharges could be prohibitive; that persons
directly affected by the action had not had adequate notice nor time to study the proposal;
and that it appears the ordinance is aimed at penalizing certain types of businesses. He
stated that he had been in the laundry and drycleaning business in the. City for 34 years and
that this is the first time he has been told he was a problem. He stated the Council does not
have all the focts and that he feels the problems should be resolved but that more information
and several months of study are needed.
Attorney Michael Kendrick spoke representing Southwestern Oil and Refining Company,
PPG Industries, and Celanese Corporation, stating he was in agreement with Mr. Skinner that
the matter should be delayed and deserves more study by the Staff and the industries affected.
He suggested that a special study committee similar to the Bay Drilling Committee be created
for the purpose of making a study of the problem with both industry and public representation.
Mr. Bob Sorrell, Jr., representing Oriental Laundry and Cleaners, and Mr. Joe
Knolle, representing Knolle Dairy; Mr. DeWit Alsup, representing South Texas Linen Supply;
Mr. Bob Sullivan of Peerless Clearj Jack Stallings of Texas Industrial Laundries; Lloyd
Monroe of Lew Williams Chevrolet; and Mr. Willard Hammonds of Corpus Christi Apartment
Association; all appeared and stated they were in agreement with statements made by Mr. Skinner
that more time was needed for study and explanation of terminology and technical phraseology
of the ordinance.
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Minutes
Regular Council Meeting
February 24, 1971
Page 7
City Manager Townsend explained that the City is on notice from the Texas Water
Quality Board to improve the quality of its discharges into the City Sewer System; that the
City did a study 10 years ago and came to the conclusion that this kind of ordinance was not
needed because of the small number of businesses involved, but that the situation has changed.
He stated that the proposed ordinance provides for better control of commercial and industrial
waste entering the water system; that it would require pre-treatment of certain kinds of wastes
or surcharges to cover the cost of handling the untreated wastes, and that the surcharge would
cover sewage with a high biological oxygen demand or a high percentage of suspended solids.
He stated that copies of the proposed ordinance had been mailed to 27 industries, including
meat processors, dairies, food processors, laundries, plating services and hospitals, and that
the list had been made up based on volumes of sewage discharged and past problems.
The Council agreed that a meting should be scheduled within one week, with Douglas
Matthews, Sewer Superintendent and the chemist from that office; Director of Public Utilities,
City Manager Townsend, and those industries which were included on the list of 27, or any
others who feel they would be involved, and that they be so notified of the meeting.
Motion by Roberts,. seconded by Lozano and passed, that the foregoing City Manager'::
recommendations, Items "a" through "s", deleting Item "h" relative to the approval of an
industrial waste disposal ordinance, be approved.
City Manager Townsend presented Item "I" temporarily deferred under the City
Manager's Reports and discussed the question of whether to award the contract for 16 compact
cars to the low bidder on American Motors' Hornets, or to the second low bidder on Chevrolet's
Novas. He pointed out that the difference in price was approximately $25 per unit and that
the Department of Public Works and Public Utilities, as well as the Purchasing Agent,
recommended the second low bidder because of the newness of the Hornet model and problems
in the mid Sixties with parts delivery and maintenance on American Motor vehicles.
The local sales mamager of American Motors appeared and stated that comparisons
should not be made with cars sold five years ago, and also that he took exceptions to the
statement relative to maintenance problems.
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Minutes
Regular Council Meetinb
February 24, 1971
Page 8
Motion by de Ases, seconded by McDaniel and passed, that a contract beiawarded
to American Motors of Corpus Christi for i54 -door compact sedans for the low bid of
$33,550.50. (Bid Tabulation 013-71)
City Manager Townsend presented pending items and the following actions were taken:
Motion by Roberts, seconded by Sizemore and passed, that the public hearing
relative to Urban Renewal be further recessed for one week. - -
Motion by Roberts, seconded by McDaniel and passed, with de Ases abstaining, that
the 36.95 foot section of alley located between Heinley Street and Morgan Street adjacent
to`Lot 1, Block 20, Segrest Addition, be closed, and that the small triangular tract which
is separated by the alley be offered to the abutting property owner of the appraised value
of 44 per square foot for a total amount of $483.00.
SECOND READING OF AN ORDINANCE PROVIDING FOR THE CESSION BY THE CITY
OF CORPUS CHRISTI TO THE CITY OF ARANSAS PASS AND BY THE CITY OF ARANSAS
PASS TO THE CITY Of CORPUS CHRISTI OF ALL ANNEXATION RIGHTS AND POLICE
POWERS OVER AND IN CERTAIN TRACTS OF WATER AND UNDERLYING LANDS, A MAP
OF THE SAME, MARKED EXHIBIT "A", BEING ATTACHED HERETO, WITHIN THE OVER-
LAPPING EXTRATERRITORIAL JURISih1CTION OF THE CITY OF CORPUS CHRISTI AND THE
CITY OF ARANSAS PASS, AS DEFINED 8Y ART. 970A, V.A.C.S, TEXAS, BY MUTUAL
WRITTEN AGREEMENT, MARKED EXHIBIT "B", ATTACHED HERETO BY THIS REFERENCE
INCORPORATED HEREIN AND MADE APART HEREOF, PURSUANT TO ART. 970A, V.A.C.S.,
TEXAS, SECTIONS B AND C; PROVIDING PUBLICATION BY CAPTION; PROVIDING A
REPEALING CLAUSE; AND PROVIDING SEVERABILITY.
The foregoing ordinance was read for the second time and passed to the third reading
by the following vote: Blackmon, Lozano, de Ases, McDaniel, Robertsiand Sizemore, present
and voting "Aye"; Bradley was absent.
§,ECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY -.
MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE AMERICAN LITTLE LEAGUE
FOR A FIVE-YEAR EXTENSION OF THE CURRENT LEASE AGREEMENT AUTHORIZEDC
BY ORDINANCE NO. 8509, CONCERNING A TRACT OF APPROXIMATELY THREE AND
ONE-HALF ACRES OF LAND IN BOTSFORD PARK, FOR THE PURPOSE OF ESTABLISHING
AND MAINTAINING A RECREATIONAL AREA, A COPY OF WHICH AGREEMENT 15
ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF.
The foregoing ordinance was read for the second time and passed to the third reading
by the following vote: Blackmon, Lozano, de Ases, McDaniel, Roberts and Sizemore, present
and voting "Aye"; Bradley was absent.
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Minutes
Regular Council Meeting
February 24, 1971
Page 9
SECOND READING OF AN ORDINANCE EXTENDING AN ORDNANCE AND FRANCHISE
FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI AND
APPROVED BY THE MYOR ON JANUARY 10, 1950, GRANTING TO CENTRAL POWER
AND LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT,
AND POWER FRANCHISE, AND AMENDING SAID ORDINANCE AND FRANCHISE TO
CHANGE THE CONSIDERATION AND COMPENSATION TO BE PAID TO THE CITY BY
THE GRANTEE THEREUNDER AND TO CANCEL CERTAIN FRANCHISES HERETOFORE
GRANTED TO CENTRAL POWER AND LIGHT COMPANY.
The foregoing ordinance was read for the second time and passed to the third reading
by the following vote: Blackmon, Lozano, de Aces, McDaniel, Roberts and Sizemore, pr@sent
and voting "Aye"; Bradley was absent.
SECOND READING OF AN ORDINANCE MAKING A. FINDINGS OF FACT WITH RESPECT
TO THE APPLICATION OF SOUTHWESTERN BELL'TELEP1jiQNE COMPANY FOR AN INCREASE
IN ITS RATES FOR EXCHANGE SERVICE IN THE CITY.OF CORPUS CHRISTI, TEXAS;
AUTHORIZING A SCHEDULE OF RATES APPLICABLE WITHIN THE CITY OF CORPUS CHRISTI
FOR EXCHANGE SERVICES; FIXING A DATE FOR APPLICATION OF SUCH RATES;
REQUIRING FILING OF ANNUAL FINANCIAL STATEMENT BY SAID TELEPHONE COM-
PANY; ESTA4LISHING A SCHEDULE OF MISCELLANEOUS RATES AND CHARGES FOR THE
SOUTHWESTERN BELL TELEPHONE COMPANY.
The foregoing ordinance was read for the second4time and passed to the third reading
by the following vote: Blackmon, Lozano, de Ases, McDaniel, Roberts and Sizemore, present
and voting "Aye"; Bradley was absent.
ORDINANCE NO. 10117
REDECLARING, UNDER ART. 5890e, V.A.C.S., TEXAS AND ARTICLE 1175, V.A.C.S.,
TEXAS AND FOR IMPLEMENTATION OF THE CITY -HUD CONTRACT OF AUGUST 12,
1970, UNDER AUTHORITY OF PUBLIC LAW 70 AND PUBLIC LAW 875, U.S. CONGRESS,
AS AMENDED, AND THE DISASI'ER'REL1Ef.ACT OF 1969, AS AMENDED, THE STATE OF
CIVIL EMERGENCY CONTINUING IN THE CITY OF CORPUS CHRISTI AS A RESULT OF
HURRICANE CELIA AND AUTHORIZING THE ESTABLISHMENT BY THE CITY OF MOBILE
HOME PARK ACCOMMODATIONS FOR DISASTER HOUSING PURPOSES WITHIN THE
CITY AS HERETOFORE AUTHORIZED BY THE CITY COUNCIL, TO CONTINUE THE SAME;
PROVIDING SEVERABILITY; PROVIDING NOTICE AND PUBLICATION; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Blackmon, Lozano, de Ases, McDaniel, Roberts and Sizemore, present
and voting "Aye"; Bradley was absent.
ORDINANCE NO. 10118
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MANSON INDUSTRIES,
FOR HURRICANE CELIA DAMAGE REPAIRS TO THE GAS DIVISION OFFICE AND GAS
REGULATOR STATION NO. 9; APPROPRIATING OUT OF THE NO. 106 GAS FUND THE
SUM OF $11,450 OF WHICH $11,000 IS APPLICABLE TO THE GAS DIVISION OFFICE JOB.
NO. 106-5298-01 AND $450 IS APPLICABLE TO GAS REGULATOR STATION NO. 9;
JOB NO. 106-5298-05; AND DECLARING AN EMERGENCY.
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Minutes
Regular Council Meeting
February 24, 1971
Page 10
The Charte'r,Rule was suspended and the foregoing ordinance was passed by the
following vote: Blackmon, Lozano, de Ases, McDaniel, Robertsiand Sizemore, present
and voting "Aye"; Bradley was absent.
ORDINANCE NO. 10119
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MANSON
INDUSTRIES FOR HURRICANE CELIA DAMAGE REPAIRS TO WEST GUTH PARK POOL
BUILDING JOB NO. 102-4298-75; APPROPRIATING OUT OF THE NO. 102 GENERAL
FUND, ACTIVITY 4298, THE SUM OF $7,725 FOR SAID CONTRACT; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Blackmon, Lozano, fie Ases, McDaniel, Roberts and Sizemore, present
and voting "Aye"; Bradley was absent.
ORDINANCE NO. 10120
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ASTRO CON-
STRUCTION COMPANY, INC., FOR HURRICANE CELIA DAMAGE REPAIRS TO CORPUS
CHRISTI MUSEUM BUILDING; APPROPRIATING OUT OF THE NO. 102 GENERAL FUND,
ACTIVITY 4298, THE SUM OF $6,018.4 FOR SAID REPAIRS APPLICABLE TO JOB
102«4298-86; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Blackmon, Lozano, de Ases, McDaniel, Roberts and Sizemore, present
and voting "Aye"; Bradley was absent.
ORDINANCE NO. 10121
AUTHORIZING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY,
A CONTRACT WITH EACH!i MBULANCE SERVICE OPERATOR DESIRING TO ENTER INTO
EMERGENCY SERVICE AMBULANCE OPERATION WITH THE CITY, SAID CONTRACT TO BE
SUBSTANTIALLY IN THE FORM 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, de Ases, McDaniel, Roberts and Sizemore, present
and voting "Aye"; Bradley was absent.
FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMENDMENT TO THE ALICE WATER CONTRACT HERETOFORE ENTERED INTO
BETWEEN THE CITY OF CORPUS CHRISTI AND THE CITY OF ALICE ON MAY 4, 1962,
SAID AMENDMENT BEING FOR THE PURPOSE OF ASSURING A FUTURE WATER SUPPLY
FOR THE CITY OF ALICE AND A MINIMUM MONTHLY PAYMENT FO THE CITY OF
CORPUS CHRISTI, ALL AS MORE FULLY SET FORTH IN THE AMENDMENT TO CONTRACT,
A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART
HEREOF.
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Minutes
Regular Council Meeting
February 24, 1971
Page 11
The foregping ordinance was Lead for the first time and passed to the second reading
by the following vote: Blackmon, Lozano, de Ases, McDaniel, Roberts and Sizemore, present
and voting "Aye"; Bradley was absent.
ORDINANCE NO. 10122
ABANDONING THE 5 -FOOT UTILITY EASEMENT BETWEEN BLOCK A AND LOT 1,
ALONG THE SIDE OF BLOCK A, AND ALONG THE REAR OF LOTS 1 THROUGH 5,
BLOCK 2, SOUTH AIRES SUBDIVISION NO. 1, UPON DEDICATION AND DELIVERY
TO THE CITY OF A SUBSTITUTE 10 -FOOT EASEMENT PERPENDICULAR TO AYERS
STREET ALONG THE SOUTH SIDE OF THE PROPOSED LOT 11, BLOCK 2, SOUTH AIRES
SUBDIVISION NO. 1, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS;
AND DECLARING AN EMERGENCY.
The Chprter Rule was suspended and the foregoing ordinance was passed by the
following vote: Blackmon, Lozano, de Ases, McDaniel, Roberts and Sizemore, present
and voting "Aye"; Bradley was absent.
ORDINANCE NO. 10123
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A REAL ESTATE.
SALEStONTRACT ON BEHALF OF THE CITY OF CORPUS CHRISTI FOR THE ACQUISITION
OF LAND AND IMPROVEMENTS DESCRIBED HEREIN BELOW, OWNED BY BURLEY F.
FELLOWS AND BARBARA FELLOWS; APPROPRIATING OUF OT NO. 202 WATER SYSTEM
BOND FUND THE SUM OF $4,387, OF WHICH $4,237 IS FOR ACQUISITION AND $150
IS FOR INCIDENTAL EXPENSES RELATED TO CLOSING COST APPLICABLE TO PROJECT
NO. 202-68-29.1, GREENWAY 48" TRANSMISSION WATER MAIN LINE FROM CALALLEN
RIGHT-OF-WAY; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Blackmon, Lozano, de Ases, McDaniel, Roberts and Sizemore, present
and voting "Aye"; Bradley was absent.
Mr. Jim Gillin, spokesman for the Tax Payers Association, appeared and protested
the ordinance granting Southwestern Bell Telephone Company a rate increase,of 1.2.9 percent
allowing the company additional revenues of $1.2 million annually. He stated that some
services would be increased to as much as 30 percent, and felt that the Company should be
required to publish computation of their profits and revenues received from telephone
subscribers the same as other major franchise holders. Mr. Gillin requested that adoption
of the proposed ordinance be held in abeyance until the Bill now before the State Legislature,
which would give cities more powers to regulate, is disposed of.
Minutes
Regular Council Meeting
February 24, 1971
Page 12
Mayor Blackmon announced a brief recess before the scheduled public hearings
during which time the Council held the Corpus Christi Municipal Gas Corporation Meeting.
Mayor Blackmon departed the meeting at this time.
Mayor Pro Tem Gabe Lozano reconvened the meeting and announced the Council
would not hold the scheduled public hearing on assessments for the proposed street improve-
ments on Gollihar between Ayers and Kostoryz Street. He asked that it be noted that a
quorum was present, and stated that Assistant City Attorney iiobby L. Terry would conduct
the hearing.
Mr. Terry explained the purpose of the hearing and stated that 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 Roll, and stated
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.
Mr. Gerald!Smith, Chief Engineer of the Public Works Department presented the
plans and specifications for the proposed improvements and testified as to the nature and
extent of the proposed assessments. He explained that the project is part of the total
improvements on Gollihar from Greenwood to Dody; that the pavement will measure 61
feet from bock of curb; will include the construction of four -foot wide sidewalks on both
sides of the street; will include concrete driveways where needed and required by the
property owners; and also construction of storm sewer extensions and sewer appurtenances
Where required. He stated the total contract price of the project is $274,840.45; that the
total assessments (Preliminary roll) are $62,241.47; and that the total cost to the City is
$212,598.98.
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 for all types of properties
in this City; testified that he had personally viewed and understood the extent and
specifications; that he had personally viewed the preliminary 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 assessments.
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Minutes
Regular Council Meeting
February 24, 1971
Page 13
Property owners present were given the opportunity to question Mr. Smith
relative to the plans and specifications, and to question Mr. Carr as to the bases for
his opinions, as related to their specific properties.
Mayor Pro Tem Lozano gave each jSroperty owner an opportunity to state his
objections to the proposed assessments as they appear on the preliminary assessment roll.
Item #36, Calvary Baptist Church - Reverend Chas. R. Dooley spoke on behalf
of the Church property stating that they will lose approximately one-half of their
parking space and that the church does not feel the property will be enhanced in the
amount of the assessment for this reason. He stated that the 22 spaces which have been
used for head -in parking will be changed to parallel parking as a result of the improve-
ments, and that this available space was a factor taken into consideration when the
property was purchased.
Mr. Carr pointed out that the property in question has a lot of frontage with off-
street parking, and that they are being assessed the residential rate; that it is his opinion
that the property will be enhanced since the head -in parking in question is partially
located on City property and the Church could not lose something they never had. He
explained that they would still be allowed to use the street for pdrking but would become
parallel parking instead of head -in.
Item #66, R. J. Earnest - Mrs. Earnest stated her house is constructed to face on
Nesbitt and is being assessed for frontage on Gollihar Street.
Mr. Carr explained that this property is platted with a 56 -foot frontage on Gollihar
and is considered to be a lot facing on Gollihar even though the house is constructed to
face on Nesbitt. He stated it is being assessed for 56 feet on Gollihar and 45 feet around
the corner, that because of the extra depth it will receive the full benefit of the paving,
and in his opinion will be enhanced in value at least the amount of the assessment.
Item #49, Maurice J. Browder - Mrs. Browder stated the assessment seemed excessive
and did not feel her property would be enhanced. She inquired if she had been given credit
for existing sidewalk.
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Minutes
Regular Council Meeting
February 24, 1971
Page 14
Mr. Smith explained that she had been credited with existing sidewalk and that
because of that, the amount was reduced approximately one-half.
Item #48, W. E. Buffington - Mrs. Buffington stated she objected to the amount
of the assessment, and felt the costs of street improvements should be;hared by all who
use the streets.
Item #18, 5. C. Campbell - Mrs. Campbell stated she did not feel the value of
her property would be enhanced as a result of the improvements because the houses will
be closer to the street, that traffic will be closer to the houses and increased in volume.
She stated she is being charged with two pieces of property but owns only one; that the
parcel under Item #58, Lot A-1,and A-2, Block 2, 8rooklawn Subdivision, had been sold.
Mr. Joe Pierce of the Public Works Department stated the ownership of the property
under Item #58 was in error and would be corrected for record, and that Mrs. Campbell
would not be assessed.
Mr. Carr explained that this area is in a state of transition; that the lots are
unusually deep; that many purchases are being made on the basis that the property could
be put to a better use, and that already the land is selling for very attractive prices. He
further pointed out that the increased traffic will more more smoothly as a result of the
improvements with much less nuisance to the residents as has been a proven fact on other
recently improved major thoroughfares.
No one else appeared to be heard in connection with the proposed street improve-
ments.
Motion by Sizemore, seconded by Roberts and passed, that the hearing be closed.
The Council agreed to table the matter of assessments on the foregoing street improve-
ment project for further consideration.
Mayor Pro Tem Lozano announced the public hearing on Application #271-12,
Wallmar Developments, for change of zoning from "R -1B" One -family Dwelling District
to "R-2" Two-family Dwel ling District, on Lots 1 through 18, Block 25, Egyptian Place,
Unit 2, located in the 900 Block of Egyptian Drive.
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Minutes
Regular Council Meeting
February 24, 1971
Page 15
Senior City Planner Larry Wenger pointed out the location of the property
and described the existing zoning and land uses in the surrounding area, stating there
are four duplexes south of the area and another under construction; that there is vacant
property to the north, and the remainder developed with scattered single-family units.
He explained that FrankPeerman had made a previous request on this property in 1968
and that a Special Permit had been granted for apartment use, that the development did
not take place and he had since sold a portion of the property. Mr. Wenger stated that
since the original application had been altered the original Special Permit was considered
void, and that 18 duplex buildings containing 36 units are proposed. He stated the
application was heard by the Commission February 16, 1971j that no one appeared in
opposition; that prior to the hearing the Staff mailed out 11 notices, one received in
favor and one in opposition and one received in opposition after the hearing; that it was
the recommendation of both the Staff and Commission that the request be approved as
submitted.
No one appeared in opposition to the foregoing request.
Motion by McDaniel,seconded by Sizemore and passed, that the hearing be closed.
Motion by McDaniel, seconded by Roberts and passed, that the recommendation of
the Planning Commission and the Staff be concurred in and that Application 0271-12, Wall -
mar Developments, for change of zoning from "R -1B" One -family Dwelling District to
"R-2" Two-family Dwelling District, on Lots 1 through 18, Block 25, Egyptian Place, Unit 2,
located in the 900 Block of Egyptian Drive, be approved as requested, and that an ordinance
be brought forward effectuating the change.
ORDINANCE NO. 10124
AMENDING THE ZONING ORDINANCE OF TI -E CITY OF CORPUS CHRISTIsADOPTED 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 WALLMAR DEVELOPMENTS BY AMENDING THE ZONING MAP
BY CHANGING THE ZONING ON LOTS 1 THROUGH 18, BLOCK 25, EGYPTIAN PLACE,
UNIT 2, LOCATED IN THE 900 BLOCK OF EGYPTIAN DRIVE SITUATED IN THE CITY OF
CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING
DISTRICT TO "R-2" TWO-FAMILY DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER
PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES
IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
Minutes
Regular Council Meeting
February 24, 1971
Page 16
The Charter Rule wasisuspended and the foregoing ordinance was passed by the
following vote: Lozano, de Ases, McDaniel, Roberts and Sizemore, present and voting
"Aye"; Blackmon and Bradley were absent.
There being no further business to come before the Council, the meeting was
adjourned.
I, JACK R. BLACKMON, Mayor of the City of Corpus Christi, Texas, certify
that the foregoing minutes, same being for the period of February 1, 1971, to
February 28, 1971, inclusive, and having been previously approved by Council
action, are by me hereby approved.
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•
J C R. BLACKMON, Mayor
of Corpus Christi, Texas