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HomeMy WebLinkAboutMinutes City Council - 09/15/1971• • MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING September 15, 1971 2:00 p.m. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Charles A. Bonniwell Commissioners: Roberto Bosquez, M.D. Rev. Harold T. Branch Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring • Mayor Ronnie Sizemore called the meeting to order. The Invocation was given by The Reverend Douglas F. Roach, Pastor of Trinity Church of the Nazarene. City Secretary• T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Meeting of September 1, 1971, were approved as submitted to the Council. Mayor Sizemore announced the issuance of proclamations designating September 19 through 26, 1971, as WOMEN IN CONSTRUCTION WEEK; September 17 through 23, 1971, as CONSTITUTION WEEK; September 19, 1971, as MEXICAN FIESTA DAY; and September 12 through 18, 1971, as DIEZ Y SEIS WEEK. Mayor Sizemore announced the public hearing on the request to close portions of Easy Circle, being the northwest 1/3 of Easy Street Cul-de-sac, the northeast 5.0 feet, the southwest 5.0 feet and the southeast 110 feet of Easy Street. City Manager Townsend stated that the request had been made by letter by Mr. Carl Duaine, surveyor, indicating that certain portions of the street should be closed because of a replat. He pointed out on a map the location of the streets proposed to be closed as being in the Flour Bluff area near the King Ranch, stating that a marina which has been dredged out is located in front of the property; that the plat shows two subdivisions in the area, both of which are undeveloped and are paper plats, which he stated usually present many problems. He stated that Easy Street is in the process of being replotted. Mr. Townsend stated that comments had been received from affected City Departments - that the Public Utilities Department reported that there is a partially completed water line which has not been accepted by the City; that the • Minutes Regular Council Meeting September 15, 1971 Page 2 • • • Planning Department pointed out that the proposed dedication would extend Kingston Addition, Block 3, which extends into an area where there would be considerable costs involved to construct the streets within the area to the north, and that drainage in the area is inadequate; that the Engineering Serviced Department recommended that the Street not be closed and that it be improved as shown on the plat as originally contemplated, including structure under Easy Street and Whitley Drive. Mr. Townsend stated that Easy Street should connect to Whitley because if it does not have a secondary access it becomes too long for reasonable access into the area. He stated it was his recommendation that the street be closed but subject to vacation of Blocks 3 and 4 or provision to open a second street to Whitley Drive, Mr. Carl Duaine, applicant, spoke on behalf of his request and explained plans for development of the area to the north which he stated is on higher ground and does not present a drainage problem. He stated they would develop so as to meet the recommendation of the City Manager. He pointed out that the present utilities were constructed under City inspection, and that they could get a revised plat on the entire tract. Mr. John Held, developer, stated they would be willing to enter into any contract within reason to connect Whitley Street to Easy Street as recommended by the City Manager but stated the option to vacate Blocks 3 & 4 would not be acceptable. No one appeared in opposition to the foregoing request. Motion by Stark, seconded by Lozano and passed, that the hearing be closed. Motion by Lozano, seconded by Branch and passed, that the portions of Easy Circle, being the northwest 1/3 of Easy Street cul-de-sac, the northeast 5.0 feet, the southwest 5.0 feet and the southeast 110 feet of Easy Street, (metes and bounds description on file in the office of the City Secretary), be closed as recommended by the City Manager, subject to provision for a connection between Easy Street and Whitley Drive. Mayor Sizemore called for the City Manager's Reports. Motion by Gonzales, seconded by Branch and passed, that the City Manager's Reports, Items "a" through "k" be accepted, and that the requests and recommendations be granted and approved as follows: • • • Minutes Regular Council Meeting September 15, 1971 Page 3 a. That a hearing be held on October 6 at 3:30 p.m. on the following zoning applications: (1) (2) (3) (4) (5) (6) (7) G. E. Gibbons - from "R -1B" to "AB", on the west right-of-way line of Third Street north of Cole Street. Mrs. Freda G. Rednick - from "R -1B" to "B-4", on the east right-of-way line of South Port Avenue north of Tarlton Street. George Hoelscher - from "R-2" to "AB", on the east right-of-way line of South Alameda Street north of Ropes Street. The Planning Commission - from "R -1B" & "AB" to "B-1", on the southwest corner of McArdle & Kossoryz Roads. D. Joe Myers - from "A-1" to "AB", on the northwest corner of Anthony Street and South Padre Island Drive. Tim Clower - "R -1B" to "1-2", on the north right-of-way line of Holly Road east; of Ayers Street. Text Amendments - including the establishment of a new zoning district Article 7A "T-1" Travel Trailer Park, Mobile Home Park, and Mobile Home Subdivision Regulations. b. That the 200 and 300 Blocks of Chaparral and the 300 and 400 Blocks of William be closed to vehicular traffic from 7:30 p.m., Saturday, September 18, 1971, to 12:00 Midnight, Sunday, September 19, 1971, for Fiesta Mexicana de Corpus Christi, which event was scheduled for September 11 and 12 but cancelled because of tropical storm Fern; c. That the authority to receive bids at 11 a.m., October 6, 1971, for 1,000 gallons of 95% premium grade malathion insecticide for mosquito control, be granted; d. That a one-year conditional Oil & Gas lease of City -owned property be awarded to Earl T. Smith & Associates, Inc., Amarillo, Texas, for $9,210 bonus and the usual City lease provisions, including 3/16ths royalty, said lease including six tracts totaling 164.149 acres underlying four tracts of land at the Stevens Filtration Plant - Only one bid was received; (Bid Tabulation #50-71) e. That Parcel No.1, owned by Mr. and Mrs. Autry Floyd, described as Lots No. 1 and No. 2, Block 36, Hillcrest Addition, be acquired for $12,375.00, and that $12,574.00 be appropriated, including $199.00 for closing costs; f. That the contract for extension of sanitary sewers to Rolling Acres No. 1, Rolling Acres No. 2, and Navigation Industrial Park be accepted from the contractor, Heldenfels Brothers, 04 final payment of $29,306.87 be authorized; (The total contract was $220,528.70) g. That a permit to drill Well 01 as a straight hole to 9,000 feet, in State Tract 13 in Corpus Christi Bay be issued to Jake L. Hamon, the location being a substitute for the regular cluster location which would have been in the one mile prohibited drilling area and waiver as to location having been recommended by the Bay Drilling Committee; • • Minutes Regular Council Meeting September 15, 1971 Page 4 h. That bids be received at 11 a.m., October 5, 1971, for the rehabilitation of City Hall Electrical facilities, including construction of a concrete manhold box, replace- ment of concrete and ducts around electrical wire coming into the building and installation of a new transformer box; u. That bids be received on October 15, 1971, for a Radio Fire Alarm System to be funded by Office of Economic Preparedness to replace the telegraph alarm system destroyed by Celia; j. That bids be received at 11 a.m., October 7, 1971, for furnishing and installing an automatic microfilm retrieval system for the Police DJivision; (The Miracode Criminal Identification System is funded by a grant in the amount of $48, 100 awarded to the City by the Texas Criminal Justice Council) k. That Bath and Associates be engaged to provide consulting services for repairs to the present air conditioning system and the installation of additional capacity at the Police Building, $3,100 being appropriated for this worki Motion by Lozano, seconded by Bonniwell and passed, that the following recommendations "I" and "m" as presented by the City Manager, be approved: I. That leases for mobile home sites for HUD assisted Celia victims be approved at the following locations: Shoreline, Mansheim, Las Palmas, Grande Court Cabaniss-Magee Tract, Sokol Park Entry Drive (Dahl) Property, and Estrada; m. That the City Manager be authorized to submit to the Department of Housing and Urban Development an application for Re -Certification of the Workable Program. City Manager Townsend presented for the Council's consideration the following recommendation: That the ordinance authorizing execution of agreement with the Community Committee of Youth Education and Job Opportunities, read on the first of three readings on the llth day of August, 1971, be amended by amending Paragraph II of the Agreement attached to said ordinance by adding thereto the following: "Lessor hereby leases to Lessee and Lessee accepts here under the building, improve- ments and grounds on Lot 12, Block 23, Meadow Park Addition, being the Meadow Park Annex Building; provided, however, that this lease is subject to the prior lease of a portion of said • • • Minutes Regular Council Meeting September 15, 1971 Page 5 • premises by Lessor to the Nueces County Legal Aid Society and which remains in full force and effect." Motion by Bonniwell, seconded by Branch and passed, that the foregoing recommen- dation be approved as presented, and that the ordinance be so amended before its third reading. ORDINANCE NO. 10459 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 79 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 CELIA AND AUTHORIZING THE ESTABLISHMENT BY THE CITY OF MOBILE HOME PARK ACCOMMODATIONS FOR DISASTER HOUSING PURPOSES WITHIN THE CITY AS HERETO- FORE 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: Sizemore, Bonniwell,: Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10460 THIRD READING OF AN ORDINANCE AMENDING SECTION 9-77 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SUBSECTION (E) SO AS TO REGULATE THE DISCHARGE OF ANY LIQUID WASTE MATERIAL INTO THE LAKE, NUECES RIVER, OR ANY OTHER CREEK OR OTHER STREAM DISCHARGING IN TO THE NUECES RIVER WITHOUT THE OWNER FIRST SECURING A PERMIT FROM THE TEXAS WATER QUALITY BOARD; AMEND— ING SECTION 9-77 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SUBSECTION (G) SO AS TO HEREAFTER PROVIDE THAT NO BOAT, RAFT, OR OTHER FLOATING DEVICE HAVING OVERNIGHT ACCOMMODATIONS OR TOILET FACILITIES SHALL BE OPERATED ON LAKE CORPUS CHRISTI; HOUSE BOATS AND FLOATING CABINS ARE NOT PERMITTED ON THE LAKE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". RESOLUTFON NO. 10461 THIRD READING OF A RESOLUTION ADOPTING THE POWERS AND AUTHORITIES AFFORDED THE CITY OF CORPUS CHRISTI, TEXAS TO ENFORCE AND IMPLEMENT WITHIN THE JURIS- DICTION OF THE CITY OF CORPUS CHRISTI THE PROVISIONS OF ARTICLE7621d-1, V.A.C.S. TEXAS (62ND LEGISLATURE, REGULAR SESSION, CHAPTER 58, SEC. 21.254), AND PART!Ca"'.'?.L`: BUT NOT LIMITED TO SUBCHAPTER D, PROHIBITION AGAINST POLLUTION: ENFORCEMENT, AND SUBCHAPTER E, AUTHORITY OF _LOCAL GOVERNMENTS, IN THE MANNER AND METHODS THEREIN PROVIDED; PROVIDING FOR PUBLICATION; PROVIDING SEVERABILITY. • Minutes Regular Council Meeting September 15, 1971 Page 6 • • The foregoing resolution was read for the third time and passed finally by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". RESOLUTION NO. 10462 THIRD READING OF A RESOLUTION REQUESTING THAT THE TEXAS STATE WATER QUALITY BOARD ESTABLISH CHEMICAL AND B&CTERIOLOGICAL STANDARDS FOR LIQUID WASTE DISCHARGE INTO LAKE CORPUS CHRISTI OR ANY WATERWAY IN THE IMMEDIATE WATER- SHED OF LAKE CORPUS CHRISTI AND THE NUECES RIVER FROM THE OUTLET OF LAKE CORPUS CHRISTI TO THE CALALLEN DIVERSION DAM THAT ARE SUITABLE FOR CONTACT RECREATION AT THE TIME OF DISCHARGE INTO THE LAKE OR RIVER. The foregoing resolution was read for the third time and passed finally by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". - SECOND READING OF AN ORDINANCE ADOPTING A POLICY ESTABLISHING A STREET USE FEE BASIC RATE TO BE CHARGED PARTIES DESIRING TO UTILIZE THE PUBLIC RIGHTS- OF-WAY AND/OR EASEMENTS OF THE CITY OF CORPUS CHRISTI FOR PURPOSES OF CONSTRUCTING, LAYING, MAINTAINING AND OPERATING PIPELINES FOR TRANSPORTING ANY SUBSTANCE, SOLIDS, LIQUIDS, OR GASES; DEFINING ROAD OR STREET CROSSINGS; AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH REVOCABLE EASEMENTS UPON THE RECOMMENDATION OF THE DIRECTOR OF ENGINEERING SERVICES; ESTABLISHING PERMIT APPLICATION PROCEDURE; PROVIDING APPEAL; PROVIDING SEVERABILITY. The foregoing ordinance was read for the second time and passed to the third reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10463 THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE COMMUNITY COMMITTEE ON YOUTH EDUCA- TION AND JOB OPPORTUNITIES (NUECES COUNTY COMMUNITY ACTION AGENCY) FOR THE USE AND OCCUPANCY OF THE MEADOW PARK ANNEX BUILDING, LOCATED AT 442 MOH'AWK STREET, FOR A PERIOD OF THREE (3) YEARS, BEGINNING SEPTEMBER 1, 1971 AND TERMINATING AUGUST 31, 1974, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the thirditime and passed finally, as amended, by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". • • Minutes Regular Council Meeting September 15, 1971 Page 7 ORDINANCE NO. 10464 • 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 TED M. ANDERSON BY AMEND ING THE ZONING MAP BY CHANGING THE ZONING ON ALL OF KIBBY INDUSTRIAL SUBDIVISION AND A SMALL AREA OUT OF THE SOUTHEAST CORNER OF LOT 2, BYRON WILLIS SUBDIVISION FROMI4-1B" ONE - FAMILY DWELLING DISTRICT, AND "AB" PROFESSIONAL OFFICE DISTRICT, TO "1-2" LIGHT INDUSTRIAL DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE, AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10465 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 6106, AS AMENDED, UPON APPLICATION OF EGYPTIAN CORPORATION BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A 15.47 -ACRE TRACT OF LAND OUT OF LOTS 12 AND 13A, SECTION 17, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, LOCATED IN THE 800 BLOCK OF EGYPTIAN DRIVE, FROM "R -IB" ONEaFAMILY DWELLING DISTRICT TO "R-2" TWO-FAMILY DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCES AS AMENDED; REPEALING ALL ORDINANCES IN CON- FLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the followirg vote: Sizemore, Bonniwell, Branch, Gonzales and Lozano, present and voting "A>)e"; Bosquez and Stark voting "Nay". ORDINANCE NO. 10466 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, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY AMENDING SECTION 31-1 SO AS TO PROVIDE FOR EXCEPTION TO AUTOMATIC ZONING CLASSIFICATION OF "R -1B" ONE FAMILY DWELLING DISTRICT FOR ALL TERRITORY HEREAFTER ANNEXED TO THE CITY OF CORPUS CHRISTI; ADDING A NEW SECTION, TO BE NUMBERED SECTION 31-5, SETTING FORTH ZONING CLASSIFICA- TIONS AS THE DESCRIBED TRACTS OF LAND PROPOSED AS COUNTRY CLUB ESTATES ARE ANNEXED TO THE CITY OF CORPUS CHRISTI; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. • • • Minutes Regular Council Meeting September 15, 1971 Page 8 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10467 APPROPRIATING OUT OF NO. 291 PARK BOND FUND THE SUM OF $12,574 OF WHICH $12,375 IS FOR ACQUISITION OF PARCEL NO. 1 AND $199 IS FOR INCIDENTAL EXPENSES AND RELATED COSTS APPLICABLE TO PROJECT NO. 291-70-10.1, HILLCREST PARK (TEX- OSC-85); AUTHORIZING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT WITH THE OWNERS, AUTRY FLOYD AND WIFE, MARY FLOYD; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinancelwas passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10468 FINDING THAT THE FIESTA MEXICANA DE CORPUS CHRISTI ON SEPTEMBER 19, 1971, IS IN THE INTEREST OF THE PUBLIC WELFARE; CLOSING AND 200 AND 300 BLOCKS OF CHAPARRAL AND THE 300 AND 400 BLOCKS OF WILLIAM TO VEHICULAR TRAFFIC FROM 7:30 P.M., SATURDAY, SEPTEMBER 18, 1971, TO 12:00 MIDNIGHT, SUNDAY, SEPTEM- BER 19, 1971 FOR SAID FIESTA SPONSORED BY LULAC LADIES COUNCIL #26; PROVIDING FOR BARRICADES AND EMERGENCY VEHICLE ENTRANCE; PROVIDING FOR LIABILITY INSURANCE, RESTORATION OF DAMAGED CITY PROPERTY, APPROVAL OF PUBLIC WORKS DIRECTOR FOR CERTAIN CHANGES, REQUIRED PERMITS FOR BEER AND FOOD, COM- PLIANCE WITH CITY CODES AND PROHIBITING CERTAIN MARKINGS AND REQUIRING THE SPONSOR TO RESTORE THE AREA FOR USE FOR VEHICULAR TRAFFIC; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED APPLICATION PERMIT; PROVIDING AN EFFECTIVE DATE AND FOR PUBLICATION; PROVIDING FOR SEVERANCE AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye''. ORDINANCE NO. 10469 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 MICHAEL L. BERRY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON AN AREA OUT OF LOT II, BANCROFT FARM LOTS, CONSISTING OF 0.59 -ACRE, LOCATED ON THE SOUTHEAST CORNER OF WERNER LANE AND UPRIVER ROAD, SITUATED IN THE CIN OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE 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 September 15, 1971 Page 9 • • The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10470 AUTHORIZING THE CITY MANAGER TO CONVEY TO T. A. HARRELL, JR., A TRACT OF LAND DESCRIBED AS LOT 21, BLOCK 36, POPE PLACE UNIT FIVE (5), A SUBDIVISION IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, UPON THE PAYMENT OF $61,650.00 CASH CONSIDERATION FOR SAID PARCEL, A COPY OF INSTRUMENT CON- VEYING SAME BEING 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: Sizemore, Bonnit}vell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10471 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 C. H. PAGE, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON THE C. H. PAGE ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CON- FLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10472 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE LEASE EXTENSIONS ON THE FOLLOWING NAMED HUD MOBILE HOME PARKS: SHORELINE, MANSHEIM, LOS PALMAS, GRANDE COURT, CABANISS - MAGEE TRACT, SOKOL PARK ENTRY DRIVE (DAHL PROPERTY), AND ESTRADA, ALL AS IS MORE FULLY SET FORTH IN THE LEASES, A COPY OF EACH BEING 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: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". • • Minutes Regular Council Meeting September 15, 1971 Page 10 • • ORDINANCE NO. 10473 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH BATH AND ASSOCIATES, CONSULTING ENGINEERS FOR ENGINEERING SERVICES REQUIRED FOR THE REPAIR AND/OR IMPROVEMENT TO THE EXISTING AIR CONDITIONING SYSTEM AT THE POLICE BUILDING, A COPY OF WHICH 15 ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF; APPROPRIATING AND REAPPROPRIATING OUT OF THE NO. 102 GENERAL FUND, ACTIVITY 3327, CODE 301, $3, 100, OF WHICH $1,540 IS IN CONNECTION WITH THE REPAIR ANDPOR IMPROVEMENT OF THE EXISTING SYSTEM AND $1,560 l5 IN CON- NECTION WITH THE NEW INSTALLATION IN THE UNFINISHED PORTION OF THE BUILD- ING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the Foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". RESOLUTION NO. 10474 APPROVING APPLICATION FOR WORKABLE PROGRAM RECERTIFICATION, PROVIDING THE MECHANICS FOR EFFECTIVELY DEALING WITH THE PROBLEM OF URBAN SLUMS AND BLIGHT WITHIN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY MANAnER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO PRESENT SUCH "PROGRAM" TOGETHER WITH ALL REQUIRED DOCUMENTS AND STATEMENTS TO THE ADMINISTRATOR OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR APPROVAL PURSUANT TO THE HOUSING ACT OF 1949, AS AMENDED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN OIL AND GAS LEASE ON 164.149 ACRES OF LAND IN SIX (6) TRACTS OF LAND, LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, WITH EARL T. SMITH & ASSOCIATES, INC., FOR A ONE-YEAR TERM BEGINNING SEPTEMBER 15, 1971, FOR A CASH BONUS TO BE PAID IN ADVANCE, IN ADDITION TO ALL OTHER CON- SIDERATION SET OUT IN THE LEASE FORM, ALL AS MORE FULLY SET OUT IN THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to the second reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". - City Manager Townsend read the proposed amendments to the ordinance regulating commercial and industrial waste disposal, which ordinance was read for the first time and passed to its second reading September 8, 1971. He explained that it is the option of the Council to either amend the ordinance prior to its second or its third reading. He stated he did not feel • • Minutes Regular Council Meeting September 15, 1971 Page 11 any of the proposed amendments were of major significance, and did not, in all respects, meet objections of those opposing the ordinance. He pointed out that relative to responsibility for enforcing the ordinance and provision for appeal, the word "Director" is changed to "City" and "Board" is changed to "City Manager"; that certain definitions are clarified, minor amend- ments under Special Procedures Relating to Industrial Waste Section, procedures for fact deter- minations, samplings, findings, rulings, measurement of flow, special considerations, variances, renumbering of certain paragraphs, additions, and effective date for collection of surcharge. He explained that copies of the proposed amendments had been presented to the Council, and that the ordinance is still recommended by the Staff based upon quantities and quality of waste disposal rather than distinction between producers of such waste. Mayor Sizemore stated that additional correspondence had been received since first reading of the ordinance addressed to the Council from attorneys Kinnan Golemon, representing Driscoll Hospital, and Bob Sorrell, representing Oriental Laundries, Inc., pointing out objectionable sections of the ordinance and suggested changes. Mr. Sorrell stated copies of the proposed amendments had not been made available to him until immediately prior to this meeting, and requested that action on the proposed amend- ments be deferred in order that they can be intelligently discussed with the Staff and Council. City Manager Townsend explained that the proposed amendments were only presented to the Council as a suggestion to amend the ordinance, but maintained that the amendments, as read, are the Staff's recommendations. Mr. Sorrell stated his objections had been largely submitted in writing, but as an added suggestion, requested that the amendments include definitions and distinctions of different types waste of industrial, 1 such as is contained in the San Antonio Ordinance. He further emphasized that the surcharge is not necessary in order for the City to be eligible for Federal funds for improvement of the City Sewer System. Mr. J. W. Wray, attorney representing Texas Industrial Laundry, spoke in opposition to the ordinance and the proposed amendments, pointing out that expert legal counsel had agreed that the surcharge is not necessary in order for the City to eligible for Federal aid, and requested that the laundries be excluded from this regulation. He alleged that the ordinance is • Minutes Regular Council Meeting September 15, 1971 Page 12 • unenforceable because of the high cost of making tests which he stated wl)uld not be accurate; that the surcharge would be selective taxation; and that water discharges from laundries are the same as being discharged from home laundries. City Manager Townsend stated that the only question being raised is the procedure through which enforcement is going to be obtained. He stated that the ordinance is basically designed to cover all those who place sewage into the sewer lines, and that disagreement will follow as to the ratio of the quality as well as quantity of those discharges. He stated that enforcement will be on a prob!embasis, in effect, to first find the problem and if not corrected, enforce the surcharge. He further emphasized that the surcharge is not a matter of taxation, pointing out that the taxpayers are supporting the sewer system by some $450,000 annually. Mr. A. C. Skinner, Jr., president of Oriental Laundries, Inc. spoke in opposition to the ordinance, requesting that laundries be excluded, and if not, that they at least be given a 24-hour advance notice of intentions to test their effluent. Mr. Skinner illustrated samplings of the quality of waste water from his plant as compared to that of the home laundries. Public Utilities Director Robert E. Schneider, stated that advance notice of making tests would defeat the purpose of the testing pr ocedures, as some industries could physically change their operations and the quality of their discharges if they are given prior notice of planned inspection. He explained that the industries would be notified immediately before testing is planned in order for the owner or representative to be present to witness or supervise. Sewer Superintendent Douglas Matthews explained the methods of sampling, stating that an automatic sampler would be used and also some type of flow measuring device which would indicate the leval of liquid going through the system, enabling them to correlate and produce a weighted composite sample. He stated he would welcome Mr. Skinner or his advisors to visit his office for inforjnation as to procedures for making samples. In answer to a question from Mr. Sorrell, Mayor Sizemore stated that the workshop meetings are open meetings for attendance, and that participation is on an invitation or pre -arrangement basis. It was agreed that the proposed amendments would be on the workshop agenda for further consideration before final passage of the ordinance. • • Minutes Regular Council Meeting September 15, 1971 Page 13 • • SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE 1958 BY AMENDING ARTICLE I CHAPTER 38 SECTION 38-5 COMMERCIAL AND INDUSTRIAL WASTE DISPOSAL; REGULATING THE DISCHARGE OF INDUSTRIAL WASTES INTO THE SANITARY SEWAGE SYSTEM OF THE CITY OF CORPUS CHRISTI; DEFINING TERMS; PRO- HIBITING THE DISCHARGE OF CERTAIN LIQUID WASTES INTO PUBLIC SEWERS; REQUIRING CONTROL MANHOLES; AUTHORIZING DISCONNECTION OF WATER AND/OR SANITARY SEWER SERVICE TO PERSONS VIOLATING THIS ORDINANCE; PROVIDING FOR INSPECTION AND SAMPLING OF INDUSTRIAL WASTE; REQUIRING THE PRETREATMENT OF CERTAIN INDUSTRIAL WASTES; AUTHORIZING THE DIRECTOR OF PUBLIC UTILITIES TO DETERMINE THE SUFFICIENCY OF PRETREATMENT; PROVIDING AN ABNORMAL SEWAGE SURCHARGE; PROVIDING AN APPEAL; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; CON- TAINING A SEVERABILITY CLAUSE; PROVIDING FOR THE EFFECTIVE DATE AND PUBLICA- TION OF SAID ORDINANCE. The foregoing ordinance was read for the second time and passed to the third reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and vetting "Aye". RESOLUTION NO. 10475 REQUESTING THE TEXAS MUNICIPAL LEAGUE TO PROVIDE FOR A BOARD OF DIRECTORS TO BE COMPOSED OF: (1) ONE DIRECTOR TO BE ELECTED BY AND FROM EACH OF THE REGIONAL DISTRICTS AND DEPARTMENTS OF THE LEAGUE; (2) ONE DIRECTOR -M LARGE TO BE DESIGNATED BY RESOLUTION BY GOVERNING BODY OF EACH CITY 'WHOSE 'POPU- LATION IS IN EXCESS OF 2010,000 POPULATION; AND (3) THE LAST THREE _IMMEDIATE PAST PRESIDENTS. OR NEXT. ELIGIBLE PAST PRESIDENTS OF THE LEAGUE, ONLY CITY OFFICIALS OF MEMBER CITIESMAY SERVE AS DIRECTORS; AND: DECLARING. AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Sizemore, Bonnieyell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". There being no further business to come before the Council, the meeting was adjourned.