HomeMy WebLinkAboutMinutes City Council - 04/07/19717
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MIES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
April 7, 1971
2:00 P. M.
PRESENT:
Mayor Pro Tem Gabe Lozano, Sr.
Commissioners:
Dick Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel
W. J. Roberts
Ronnie Sizemore
City Manager R. Marvin Townsend
City Attorney Jim Riggs
City Secretary T. Ray Kring
Mayor Pro Tem Gabe Lozano called the meeting to order.
The Invocation was given by Commissioner 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 Roberts, seconded by Bradley and passed, that the absence of
Mayor Blackmon be excused for just cause.
The Minutes of the Special Meetings of August 5, 6, 7 & 8, 1970, (Hurri-
cane Celia); Special Meeting of March 22, and Regular Meeting of March 24, 1971,
were approved as furnished to the Council.
Mayor Pro Tem Lozano announced the issuance of proclamations as follows:
NAVAL JUNIOR RESERVE OFFICER TRAINING CORPS WEEK, April 12 - 17, 1971; and FESTIVAL
OF FLOWERS DAYS, April 12 - 18, 1971.
Mayor Pro Tem Lozano called for the City Manager's Reports.
Motion by Bradley, seconded by Roberts and passed, that the City Manager's
Reports, Items "a" through "k" be accepted, and that the requests and recommenda-
tions be granted and approved as follows:
a. That the hearing on McBride Lane Street Improvements, from Leopard
Street to Highway 44, be closed, and that the assessmentroll be adopted as follows:
(1) The added cost for an additional 6 -foot of width for 190 feet along Gulf Iron
Works is $890.55 which has been added to the roll; (2) The H.E.B. area behind the
curb has not yet been worked out - should involve a later reduction in assessment
by deletion of some proposed paving or concrete;
b. That the plans and specifications be approved for the construction of
two sanitary sewer trunk lines in the Flour Bluff area for submission to Housing
and Urban Development and the State Health Department for their approval; (Line A,
Unit 1, extends from the lift station under construction at Military Drive and
Jester Street along Military Drive to Matlock and along Matlock to the existing
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Minutes
Regular Council Meeting
April 7, 1971
Page 2
line recently completed at Matlock and Green Bay (Two Way Land Company development);
Line A, Unit 2, extends from the treatment plant under construction at Jester and the
Laguna Madre, along Lakeside Drive, Padre Island Drive and Waldron Road to the existing
small treatment plant. The project includes 10,390 feet of 12" and 15" pipe);
c. That a bond election be held on May 1, 1971, regarding the authoriza-
tion of $24,500,000 for site acquisition and construction of Plaza del Mar, a com-
munity facility to include an arena, exhibit hall and meeting rooms, auditorium, and
various support facilities;
d. (deleted)
e. That an educational leave of absence with pay be granted to Sgt. L. E.
Daley from September 9, 1971 to June 17, 1972, for the purpose of attendance at the
Traffic Police Administration Training Program at Northwestern University with the
final dates to be subject to approval by the Chief of Police with appropriate deduc-
tions for sick leave and vacation accumulated during the leave of absence, and agree-
ment with Sgt. Daley to remain with the Department at least three years if his
fellowship request to the Governor's Committee on Highway safety and this leave are
approved;
f. That two typographical errors in Ordinance No. 10048 be corrected to
correctly recite "Ordinance No. 8821" rather than 8421, and "8979" rather than
8879, and that the actions taken under this Laguna Madre Oil and Gas regulation
ordinance since its adoption on December 23, 1970, be ratified;
8. That an ordinance be approved correcting minor text errors in the
recently adopted hurricane amendments to the Building Code which is now being
reprinted, and to become effective June 1, 1971;
h. That an informal Council hearing be held on April 21, 1971, regarding
the application of PPG Industries, Inc., to the Texas Water Quality Board, for
registration of a solid waste disposal site;
i. That 20 miles per hour be adopted as the maximum speed in continuous
center left turn lanes; (Over five miles of major streets are now painted with a
center left turn lane. They have proven to be effective in reducing accident causing
conflicts but maximum speed limit is needed);
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Minutes
Regular Council Meeting
April 7, 1971
Page 3
j. That the date of April 21, 1971, be set for a public hearing on a
request of Dr. P. Jimenez to close Heiuley Street from Cleo to Morgan (previously
set for May 19, 1971);
k. That $15,000 be accepted as full settlement of the obligations of
Fidelity and Deposit Company of Maryland under their bid bond insuring the low bid
of King Construction Company for Molina Area Street improvements under Bond No.
8228961 (F0#8600) with the understanding that $5,000 of said $15,000 payment be paid
by Fidelity and Deposit Company without recourse to any other party, and $10,000 be
paid by King Construction Company with payments over a three-year period.
City Manager Townsend reviewed the ordinances appearing on the agenda for
the Council's consideration, stating that the ordinance proposed for calling a
$24,500,000 bond election for May 1, was for site acquisition and construction of
Plaza del Mar, a community center to include an arena, exhibit hall and meeting rooms,
auditorium and various support facilities.
Mr. Cuban F. Burbank, 1127 Ocean Drive, spoke in opposition to the calling.
of the election, stating he was speaking as an official representative of the Tax-
payers Association. He stated that since the Council decided in January 1971, to
call the election, much unsubstantiated propaganda had been distributed, and that
many City officials have been campaigning to "impose their will on the people." He
stated that the public had not been favored with the required public hearing, and
if not technically illegal, it is morally illegal; that only a few will realize
tangible financial benefit from the proposed center; stated that the City's General
Fund had operated at a $800,000 deficit last year, and that the project may have to
be completed through taxation.
City Manager Townsend challenged Mr. Burbank's statement that the City
had operated at a deficit, stating that the City had not operated at a deficit for
several years, and that Mr. Burbank was misinterpretating the source of his informa-
tion. He stated the difference is misinterpretation of the terms "General Purpose
Expenditures," and "General Purpose Income."
Attorney Edmund P. Williams, 420 Dolphin, appeared and stated he does not
oppose the concept of a convention center, but does not approve of the site which
has been selected which he termed "shanty town." He presented the Council with a
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Minutes
Regular Council Meeting
April 7, 1971
Page 4
list containing fifteen objections to the proposed site, pointing out that it is on
the wrong side of the Expressway; is surrounding on at least two sides by slums and
heavy industry; is too far away from the retail districts; is a highly polluted- area;
is within some 450 feet of the Broadway Sewer Plant; fails to capitalize on the City's
greatest asset, the view of the water; is remote from the majority of modern hotel
facilities; the cost of land is excessive which means long periods of litigation and
will cause increase in property taxes; and would displace hundreds of people living
in the area. He stated the Council should return to the original idea and build the
facility on a landfill area across Shoreline Boulevard from Memorial Coliseum which
would have the advantage of a water oriented site, pointing out that the only cost
would be the fill and seawall construction, and would have all the advantages cited
as disadvantages of the other proposed site. (Council Exhibit #4-71)
Mr. Sam Frech, 6073 Edgewater, commended the Council for proceeding with
the calling the election, stating the benefits from the proposed community facility
would accrue to all citizens, and that it will be looked upon in the future as a
notable achievement.
Mr. Charles A. Nichols, 1547 Lea Lane, spoke in opposition to the proposed
community facility, and questioned the wisdom of removing tax -producing properties
from the tax rolls. He stated that regardless of how the project is proposed to be
funded, the ultimate obligation will revert to the struggling property owners and
taxpayers.
Mr. Sidney Jones, 3209 Bimini, questioned the statement that the City of
Corpus Christi has a Number One bond rating, stating that the bond ratings in Moody's
Municipal Report publication were described differently. He asked for clarification.
City Manager Townsend explained that the City has been given an "Al" Bond
rating and that some other Texas Cities have AA, higher ratings, and some lower; that
none are rated AAA, the highest, because of constitutional restrictions on tax rates.
He stated that Corpus Christi ranks with several other major cities as "Al".
Mr. Luis Corona, commended Mr. Townsend and the Council for their past
interest and accomplishments in City and Governmen,: funded projects in rehabilitation
of certain communities in the City, but urged the Council not to rush into a decision
at this time relative to an appropriate site. He stated he was not opposed to the
community facility, but urged conservation of expend ures at this time.
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Minutes
Regular Council Meeting
April 7, 1971
Page 5
ORDINANCE NO. 10233
REDECLARING, UNDER ART. 58904, V.A.C.S., TEXAS AND ARTICLE 1175, V.A.C.S., TEXAS AND
FOR INPOELENTATION 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 DISASTER RELIEF
ACT OF 1969,AS AMENDED, THE STATE OF CIVIL EMERGENCY CONTINUING IN THE CITY OF CORPUS
CHRISTI AS A RESULT OF HURRICANE CELLA 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 C NTINUE THE SAME; PROVIDING SEVERA-
BILITY; PROVIDING NOTICE AND PUBLICATION; AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by
the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore,
present and voting "Aye"; Blackmon absent.
ORDINANCE NO. 10234
AMENDING ORDINANCE NO. 10048 PASSED AND APPROVED ON DECEMBER 23, 1970, SO AS TO CHANGE T
THAT PORTION OF THE CAPTION AND SECTION 1 OF SAID ORDINANCE WHICH NOW READS "PERMITS,
ORDINANCE '8421" TO HEREAFTER READ "PERMITS, ORDINANCE 8821"; AND SO AS TO CHANGE
THAT PORTION OF THE CAPTION AND SECTION 1 OF SAID ORDINANCE WHICH NOW READS "BAY
DRILLING COMMITTEE MEMBERSHIP, ORDINANCE 8879" TO HEREAFTER READ "BAY DRILLING
COMMITTEE MEMBERSHIP, ORDINANCE 8979"; RATIFYING THOSE ACTIONS TAKEN PURSUANT TO
SAID ORDINANCE 1048 HERETOFORE; PROVIDING ONE PUBLICATION OF THE CAPTION HEREOF;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING SEVERABILITY; AND DECLAR-
ING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by
the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore,
present and voting "Aye"; Blackmon absent.
RESOLUTION NO. 10235
EXPRESSING GRATITUDE AND APPRECIATION ON THE PART OF THE CITY FOR THE MANY YEARS OF
DEVOTED AND FRUITFUL SERVICE RENDERED BY JAMES M. DELLINGER, SR., WHO SUFFERED AN
UNTIMELY DEATH MARCH 28, 1971, AND EXTENDING SYMPATHY TO HIS FAMILY IN THEIR BEREAVE-
MENT; DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing resolution was passed by
the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore,
present and voting "Aye"; Blackmon absent.
ORDINANCE NO. 10236
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR McBRIDE LANE, FROM HIGHWAY 9 TO
HIGHWAY 44, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREET WILL BE
SPECIFICALLY BENEFITTED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS,
AND LEVYING AN ASSESSMENT; FIXING A CHARGE AND LIEN, THE MANNER AND TIME OF PAYMENT
AND COLLECTION; AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed
by the following vite: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore,
present and voting "Aye"; Blackmon absent.
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Minutes
REgular Council Meeting
April 7, 1971
Page 6
ORDINANCE NO. 10237
BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, CALLING AN ELECTION ON
THE QUESTION OF THE ISSUANCE OF COMMUNITY FACILITY BONDS; DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed
by the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore,
present and voting "Aye"; Blackmon absent,
FIRST READING OF AN ORDINANCE AMENDING SECTION 21-72 OF THE CORPUS CHRISTI CITY
CODE, 1958, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE N0. 7693, 50 AS TO
ADD SUBSECTION (C) TO SECTION 21-72 SO THAT WHENEVER ANY STREET HAS BEEN DIVIDED
TO PROVIDE A CONTINUOUS LEFT TURN LANE SO MARKED, THE DRIVER SHALL NOT DRIVE INTO THE
CENTER LANE EXCEPT IN PREPARATION FOR A LEFT TURN WHEN SUCH CENTER LANE IS CLEAR OF
TRAFFIC WITHIN A SAFE DISTANCE, AND THE DRIVER HAS FIRST ASCERTAINED THAT SUCH A
TURN CAN BE MADE WITH SAFETY; THE MAXIMUM SPEED LIMIT IN SUCH LANE SHALL BE TWENTY
(20) MILES PER HOUR AT ALL TIMES; PROVIDING FOR PUBLICATION; PROVIDING A SAVINGS
CLAUSE.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts
and Sizemore present and voting "Aye"; Blackmon absent.
ORDINANCE N0. 10238
AMENDING ORDINANCE N0. 10,096, PASSED AND APPROVED BY THE CITY COUNCIL ON FEBRUARY
10, 1971, AMENDING THE SOUTHERN STANDARD BUILDING=CODE, 1969 EDITION, WITH 1970
REVISION, AND THE TABLE AND APPENDICES THERETO, BY AMENDING THE PRESENT PARAGRAPH (c)
OF SECTION 12 OF SAID ORDINANCE TO HEREAFTER BE DESIGNATED AS SUBSECTION 1706.8,
CONTINUOUS ANCHORING; BY ADDING TO SECTION 13 OF SAID ORDINANCE 10,096 AND AS PART
OF CHAPTER XXV OF THE BUILDING CODE THE DESIGNATION OF SOUTHERN STANDARD BUILDING
CODE, SAID CORRECTION TO BE FURTHER INCLUDED THROUGHOUT THE ORDINANCE TO CORRECT
REFERENCE TO READ "SOUTHERN STANDARD BUILDING CODE"; AMENDING ITEM 4, SUBSECTION (b)
of 1-6 OF SECTION 2506 - MOBILE HOMES, BY OMITTING THE COMMA AND THE WORD "OR" AT
THE END OF SAID SECTION (b); AMENDING SUBSECTION 1707.9(b) PARAGRAPH (4) SO AS TO
CHANGE CHAPTER REFERENCE TO "XVI" RATHER THAN "25" AND BY AMENDING SAID SUBSECTION
1707.9(b) BY CHANGING THE TABLE REFERENCE ON PAGE 11 OF THE SAID ORDINANCE NO. 10096
FROM "TABLE 34-A" TO "TABLE 1707.9"; AMENDING ITEM (b) (4) OF SUBSECTION 1707.9 (c)
SO AS TO HEREAFTER READ "90 POUND ROLL" IN THE THIRD SENTENCE, AND ADDING TO ITEM
(c) (1) THE WORDS "THE ENTIRE ROOF SHALL" FOLLOWING THE WORD "CODE" IN THE THIRD
SENTENCE; CORRECTING THE SPELLING OF VARIOUS WORDS AS THEY APPEAR MISPELLED
THROUGHOUT THE SAIDA4RDINANCE NO. 10,096 SO AS TO EFFECT A UNIFORM SPELLING THROUGH-
OUT SAID ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE OF JUNE 1, 1971 AS THE 'EFFECTIVE
DATE OF THE PROVISIONS OF THE AFORESAID ORDINANCE NO, 10,096; PROVIDING FOR PUBLICA-
TION; AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed by
the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore,
present and voting "Aye"; Blackmon absent.
RESOLUTION NO. 10239
EXPRESSING ENDORSEMENT OF SENATE BILL 862 PENDING IN THE 62ND LEGISLATURE, 1971, BY
SENATOR RONALD BRIDGES GRANTING TO THE CITY OF CORPUS CHRISTI ADDITIONAL TIME IN
WHICH TO MAKE IMPROVEMENTS ON CERTAIN SUBMERGED AND UNSUBMERGED LAND IN THE "CAVO
DEL dSO~-GRANTED TO THE CITY BY ARTICLE 5421k-3, V.T.C.S.
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Minutes
Regular Council Meeting
April 7, 1971
Page 7
The Charter rule was suspended and the foregoing resolution was passed
by the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore,
present and voting "Aye"; Blackmon absent.
City Manager Townsend reported receipt of a letter from Attorney James P.
Ryan relative to the condemnation suit of City vs. Thomas A. Williams, et al, for
acquisition of a 55 -acre tract of land located in Laguna Madre on which the City is
constructing the new Flour Bluff Sewage Treatment Plant, and stated the matter
should be resolved as to whether or not the City should accept the Commissioner's
award, or whether or not the case should be appealed. He stated it was the recom-
mendation of Mr. Ryan that the City should accept the award and not attempt any
further appeal.
Commissioner de Ases suggested that perhaps this matter should be held in
abeyance until the new Council comes into office, since it would be its responsi-
bility to appropriate the money.
City Manager Townsend stated it is within the discretion of this Council
to authorize the payment from the General Fund, and then the action of the next
Council would be to authorize reimbursement to the General Fund.
Motion by McDaniel, seconded by Roberts and passed, as amended, that the
matter of acquisition of the site for the new Flour Bluff Sewage Treatment Plant,
not be appealed, and that the award of the Jury of County Court at Law II, be
accepted, and an appropriation from unallocated reserve of the General Fund be
expended for this purpose, with the hope that the amount would be reimbursed.
There being no further business to come before the Council, the meeting
was adjourned.