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MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
September 29, 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 in the Council Chamber
of City Hall.
The Invocation was given by The Reverend Ben Magee, Jr., Associate
Pastor of the First United Methodist Church.
City Secretary T. Ray Kring called the roll of those in attendance.
The Minutes of the Regular Meeting of September 15, 1971; Special
Meeting of September 15, 1971; Regular Meeting of September 22, 1971; and Special
Meeting of September 22, 1971, were approved as submitted to the Council.
Mayor Sizemore read and presented a proclamation designating October 3
to 9, 1971, as JUNIOR LEAGUE WEEK, in support of the organization's Seventeenth
Annual Rummage Sale, to be held at Memorial Coliseum October 8 and 9. A member of
the Junior League was present and received the proclamation.
Mayor Sizemore recognized Mr. Jerry Johnson who, accompanied by a group
of 4-H Club and FFA Boys and Girls, appeared and solicited the participation of
members of the Council and City Staff of the Nueces County Live Stock Show to be
held in Refugio this week.
Mayor Sizemore presented a plaque and gave special recognition to the
Corpus Christi Caller -Times Publishing Company for their voluntary contribution
to the esthetic improvement of our City on completion of their new parking lot
which was their old building area converted into a beautifully landscaped parking
area.
Mayor Sizemore nominated for appointment to the Citizens Committee for
Community Improvement the following: Mrs. Cecil Burney, Mrs. Rudolfo Gonzales,
Homer Johnson, and Mrs. David Keever - 3 -yr terms; Arturo Martinez, H. H. McCool,
Mrs. Harrison Pelle, and Miss Anne Dodson - 2 -year terms; and Romero Garcia, John
Amerson, Mrs. A. C. Webb and Mrs. Robert E. Clarke 1 -year terms.
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Minutes
Regular Council Meeting
September 29, 1971
Page 2
Motion by Branch, seconded by Bonniwell and passed, that the appointment
of the foregoing named persons to the twelve -member Citizens Committee for Com-
munity Improvement, be approved and confirmed.
Mayor Sizemore called for the City Manager's Reports.
City Manager Townsend presented the following recommendations:
a. That a contract be awarded to Wyatt Division, U.S. Industries, Inc.,
Houston, Texas, the low bidder, for $7,165.00, to furnish the City's annual
requirements for 1500 feet of corrugated pipe, bids having been received from
three firms; (Bid Tabulation #51-71)
b. That a contract be awarded to the Gulf Coast Painting and Sand
Blasting, Inc., Corpus Christi, for $3,277.00, low bid meeting specifications, to
paint the City Tax Office Building, bids having been received from four firms;
(Bid Tabulation #52-71)
c. That contracts be awarded to the following firms on the basis of
low bids:
Garwood -Houston Truck Equipment Co., Houston, Texas -
Three 18' 6" Brush Bodies $8,649.00
Pack -Mor Manufacturing Co., San Antonio, Texas -
Seven 20 cu.yd. Rear Load Refuse Packer Bodies
(including trade-in) $34,650.00
Bids were received from nine firms. The price shows an increase of
35% for brush bodies and 2.1% for the packer bodies; (Bid Tabulation #53-71)
d. That a contract be awarded to Lewis Boggus Motors, Inc., Corpus
Christi, for the purchase of nine 27,500 Gross Vehicle Weight Cab & Chassis, 132"
Cab to axle trucks, and three 20,000 Gross Vehicle Weight Cab & Chassis, 138"
trucks for a total of $60,515.97 on the basis of low bid, bids having been
received from six firms - the low bid reflecting a decrease of .6% from last year;
(Bid Tabulation #54-71)
e. That the maintenance agreement with IBM which expires October 1,
1971, be renewed; (The maintenance cost on the 1401 Systems will be reduced as
a result of the elimination of the 2 -hour minimum charge for maintenance, and
the monthly cost is $342.25)
f. That parking be prohibited on the east side of Ocean Drive in front
of Canta Mar Apartments to provide safe sight distance for motorists exiting from
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Regular Council Meeting
September 29, 1971
Page 3
apartment driveways, painted pavement channelization to be installed in conjunc-
tion with the "No Parking" for further protection;
g. That the appraised values of Parcels 2, 6, 8, 10, 17, 18, 20, 21, 22,
23, 24 and 41, of the South Staples Street project, be approved and that $48,770.00
be appropriated out of the 220-70-107 project to cover acquisition and closing
costs; (The right-of-way is needed for the improvement of Staples from Padre
Island Drive to Saratoga; the State has been asked to carry out this project
with the City paying for right-of-way, drainage and curbs and gutter; the 12
parcels have been appraised by John Erickson, Paul Koepke and Vaughn Coulter; the
appraisals have been reviewed and are consistent; if approved, this authority will
allow acquisition at the appraised values without further City Council action)
h. That the ordinance establishing the Citizens' Committee for Commun-
ity Improvement be readopted and amended to provide for 12 members with 3 -year
overlapping terms, the present committee being appointed without specifying terms
and with no guidance as to the number on the committee;
i. That a resolution providing for the establishment of an Area Man-
power Planning Council to assist, review and advise in the planning and execution
of manpower programs, be approved, providing for 15 members with 2 -year overlapping
terms, designating jurisdictional boundaries, providing for the City Manager or
his representative to act as Chairman on behalf of the Mayor, and providing
secretariat support; (The Council will take over the duties of the CAMPS Com-
mittee)
j. That the City Manager be authorized to sign an amendment to the current
Manpower Training Grant allowing for an increase of funds from $20,947 to $51,921,
and for the expansion of staff to include the employment of one Assistant Manpower
Training Coordinator and one Youth Training Coordinator.
Motion by Lozano, seconded by Branch and passed, that the City Manager's
Reports, Items "a" through "j" be accepted, and that the requests and recommenda-
tions be granted and approved as presented.
City Manager Townsend presented the following additional recommendations:
k. That an ordinance be approved to correctly reflect the Council's
intent as to the designation of City Depositories, by amending Section 1 of said
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Minutes
Regular Council Meeting
September 29, 1971
Page 4
ordinance authorizing the City Manager and Director of Finance to execute all
documents and instruments for the purposes thereof; (a problem having arisen as
to whether the State National Bank should have to continue to keep and pay interest
on Certificates of Deposits, some of which did not mature until next summer) (See
subsequent action this meeting)
1. That the City Manager be authorized to execute lease extensions on
the following mobile home parks: La Pasca #2 Addition, and San Simeon Addition,
it being determined that emergencies still exist as a result of Hurricane Celia.
Mr. Harvey Weil, attorney representing the Corpus Christi State National
Bank and Mr. Chas. Hale, attorney representing the Guaranty National Bank and Trust
Company, were present and stated the Banks' positions relative to Item "k".
It was agreed that Item "k" and the proposed ordinance relating thereto
be temporarily deferred pending further consultation with the Bank's representa-
tives.
Motion by Lozano, seconded by Branch and passed, that the foregoing
recommendation Item "1" (temporarily deferring Item "k"), be approved as presented.
(See subsequent action this meeting)
City Manager Townsend presented the pending item of Zoning Application
#871-12, A. Ybarra, for change of zoning from "R -1B" One -family Dwelling District
to "B-1" Neighborhood Business District, on Lot 32, Block 1, Parklane Addition. He
explained that the request was heard by the Planning Commission April 27, 1971, an
forwarded to the Council with the recommendation that it be denied, but that a
Special Permit be granted for doctors' offices according to a plot plan approved
by the Commission indicating the location of the building, screening and parking,
meeting all the necessary requirements for a professional office use; that the
Council, on September 22, tabled the request until a full Council was present,
the 20% rule being in effect.
Due to the absences of some members of the Council at the time of the
Council hearing, and lack of time to review the planning Commission Minutes, the
foregoing pending matter was further tabled until October 6, 1971.
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Minutes
Regular Council Meeting
September 29, 1971
Page 5
ORDINANCE NO. 10485
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 RELIEFACT 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: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark,
present and voting "Aye".
ORDINANCE NO. 10486
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 G. F. BAYDER BY AMENDING THE ZONING MAP
BY CHANGING THE ZONING CN LOT 9, SECTION 13, FLOUR BLUFF & ENCINAL
FARM & GARDEN TRACTS, MORE FULLY DESCRIBED HEREINAFTER, SITUATED IN THE
CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B -1A" TOURIST COURT
DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS 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".
RESOLUTION NO. 10487
DETERMINING THE NECESSITY OF ESTABLISHING A COMMITTEE TO ASSIST THE CITY
OF CORPUS CHRISTI IN THE OPERATION OF A WORKABLE PROGRAM AND ESTABLISHING
THE CITIZENS COMMITTEE FOR COMMUNITY IMPROVEMENT, SAID COMMITTEE TO
CONSIST OF MEMBERS FROM A CROSS SECTION OF THE POPULATION OF THE CITY OF
CORPUS CHRISTI; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing resolution was passed by the
following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark,
present and voting "Aye".
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Regular Council Meeting
September 29, 1971
Page 6
ORDINANCE NO. 10488
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED
ON THE 2TTH 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 MAVERICK MARKETS, INC. BY AMENDING THE ZONING MAP BY
CHANGING THE ZONING ON A PORTION OF SHARE 2, GEORGE FRANK PARTITION D,
SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "F -R" FARM -
RURAL DISTRICT TO "B-4" GENERAL BUSINESS 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. 10489
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 JIM W. MACHLAN BY AMENDING THE ZONING
MAP BY CHANGING THE ZONING ON THE NORTH 50" OF THE EAST 100' OF LOT 2,
BLOCK 1, SOUTH END ADDITION, MORE FULLY DESCRIBED HEREINAFTER, SITUATED
IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT
HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE 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. 10490
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 WILLIAM E. LEE, BY AMENDING THE ZONING
MAP BY CHANGING THE ZONING ON A PORTION OF LOTS 2 & 3, SECTION 31,
FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, (APPROXIMATELY 9.749 ACRE)';
SITUATED IN THE CITY OF CORPUS CHRISTI, FROM "R -1B" ONE -FAMILY DWELLING
DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT, ALL AS IS MORE FULLY FIERETNBELOW
SET OUT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE
AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING
AN EMERGENCY,
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Regular Council Meeting
September 29, 1971
Page 7
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Sizemore, Bonniweii, Bosquez, Branch, Gonzales, Lozano and Stark,
present and voting "Aye".
ORDINANCE NO. 10491
AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE
ACQUISITION OF PARCELS NO. 2, 6, 8, 10, 17, 18, 20, 21, 22, 23, and 24, FOR
SOUTH STAPLES STREET PROJECT FROM PADRE ISLAND DRIVE TO SARATOGA BOULEVARD;
APPROPRIATING OUT OF NO. 220 STREET BOND FUND $48,770, THE AMOUNT OF
$43,870 BEING FOR LAND PURCHASES AT THE APPROVED VALUES AND $4,900 FOR
APPRAISALS, INCLUDING PARCEL NO. 41, AND FOR INCIDENTAL COSTS RELATED
TO CLOSING OF THE PURCHASES AFORESAID, ALL APPLICABLE TO PROJECT NO.
220-70-107; 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. 10492
AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO CONDEMN FEE TITLE TO A
CERTAIN PARCEL OR TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS;
DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND
CITING ANY AND ALL OTHERS WHO MAY HAVE AN INTEREST IN SAID PROPERTY;
SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCEL
NO. 41, BEING A STRIP OF LAND OUT OF LOT 16, SECTION 13, FLOUR BLUFF
AND ENCINAL FARM AND GARDEN TRACTS, FOR STREET IMPROVEMENTS AND FOR
OTHER MUNICIPAL PURPOSES, PROJECT NO. 220-70-107, SOUTH STAPLES - PADRE
ISLAND TO SARATOGA; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEM-
NATION PROCEEDINGS AGAINST THE OWNERS, MRS. KATHERINE HRISSIKOPOULOS
LONTOS AND HUSBAND, JAMES K. LONTOS, TO CARRYOUT THE INTENTIONS OF
THIS ORDINANCE; 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. 10493
AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING
SECTION 21-155 BY ADDING THERETO AN ITEM SO AS TO PROHIBIT PARKING AT ALL
TIMES ON THE EAST SIDE OF OCEAN DRIVE, BETWEEN ABERDEEN AVENUE AND OCEAN
VIEW PLACE; PROVIDING FOR 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".
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Minutes
Regular Council Meeting
September 29, 1971
Page 8
ORDINANCE NO. 10494
PROVIDING FOR THE ESTABLISHMENT OF AN AREA MANPOWER PLANNING COUNCIL
TO ASSIST, REVIEW AND ADVISE IN THE PLANNING AND EXECUTION OF MANPOWER
PROGRAMS; PROVIDING FOR 15 -MEMBER COUNCIL WITH 2 -YEAR OVERLAPPING TERMS;
DESIGNATING JURISDICTIONAL BOUNDARIES, PROVIDING FOR THE CITY MANAGER
OR HIS DESIGNATED REPRESENTATIVE TO ACT AS CHAIRMAN ON BEHALF OF THE MAYOR;
PROVIDING SECRETARIAT SUPPORT; 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. 10495
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE LEASE EXTENSIONS
ON THE FOLLOWING NAMED HUD MOBILE HOME PARKS; LAS PASCUA 02 ADDITION
AND SAN SIMEON ADDITION, ALL AS IS MORE FULLY SET FORTH IN THE LEASE, A COPY
OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark,
present and voting "Aye".
ORDINANCE NO. 10496
AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING
SECTION 21-69 BY ADDING AN ITEM THERETO SO AS TO DECREASE THE SPEED ON
AN ALLEY WEST OF THE 3100-3500 BLOCKS OF AYERS STREET TO 15 MILES PER HOUR
AT ALL TIMES; AMENDING SECTION 21-155, SCHEDULE III, BY ADDING AN ITEM
THERETO SO AS TO PROHIBIT PARKING AT ALL TIMES ON AN ALLEY WEST OF THE
3100-3500 BLOCKS OF AYERS STREET; PROVIDING FOR PUBLICATION; PROVIDING
SEVERABILITY; 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. 10497
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS:
1. Weaver Street, from the North right of way line of Padre Island Drive to a point 365
feet northeastward to existing street improvements;
2. Sacky Street, from Richter Street southeastward approximately 700 feet to a point 10
feet east of the right of way line of Anita Street,
AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE
SPECIFICALLY BENEFITTED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE
IMPROVEMENTS AND LEVYING AN ASSESSMENT; FIXING A: LIEN AND CHARGE; THE
MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY.
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Regular Council Meeting
September 29, 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. 10498
THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE AN OIL AND GAS LEASE ON 48.95 ACRES OF LAND IN
THIRTY-FIVE (35) TRACTS OF LAND, LOCATED IN THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS, WITH KELLY BELL, FOR A THREE-YEAR TERM BEGINNING
AUGUST 18, 1971, FOR A CASH BONUS TO BE PAID IN ADVANCE, IN ADDITION TO
ALL OTHER CONSIDERATION SET OUT IN THE LEASE FORM, ALL AS MORE FULLY SET
OUT IN THE LEASE AGREEMENT, A COPY OF WHICH I5 ATTACHED HERETO AND MADE
A PART HEREOF.
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".
City Manager Townsend presented the ordinance appearing on the agenda for third
and final reading regulating commercial and industrial waste disposal, and read the proposed
amendments.
Motion by Branch, seconded by Gonzales and passed, Lozano abstaining, that the
ordinance regulating commercial and industrial waste disposal, passed on first reading
September 8, 1971, and on second reading September 15, 1971, be amended before its
third and final reading as follows:
"1. Wherever the word "Director" appears, it shall be hereafter changed to read
"City", and wherever the word "Board" appears, it shall hereafter read "City Manager."
1
2. Delete from Section 1, paragraph/DEFINITIONS "Abnormal Sewage Permit" in
its entirety.
3. Add to paragraph 1 DEFINITIONS, under Section 38-5, on page 1, the definition
of "City", removing the same from the top of page 2, and amending the said definition to
hereafter read:
"City. By the term "City" is meant the City Manager, Director of the Public Utilities
Department, or other authorized representative."
4. Add to definition of Corrosive Waste, in Line 4 thereof the word "materially"
following the words "prevents or" and before the word "retards."
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Regular Council Meeting
September 29, 1971
Page 10
5. Add to definition of Polluted Water or Waste, in Line 4 thereof, the words
"characteristic of such phenol or other substances, as the case may be" following the word
"odor" and before the words "in receiving waters."
6. Add to Definitions, Sanitary Conveniences, reading as follows:
Sanitary Conveniences. By the term Sanitary Conveniences is meant toilets,
showers, and similar plumbing facilities.
7. Add to Definitions, Sanitary Sewer System, reading as follows:
Sanitary Sewer System. The term Sanitary Sewer System is synonymous with
"Sewage Works."
8. Add to Definitions, Sewage Works, reading as follows:
Sewage Works. By the term Sewage Works is meant all facilities for collecting,
pumping, treating and disposing of sewage.
9. Add to definition of Standard Methods the following, changing the period to a comma:
"a true copy of which as used by the City for the enforcement of this ordinance shall be
at all times on file with the City Secretary of the City of Corpus Christi and available
for public inspection during regular business hours,"
10. Amend Paragraph 2(b) CERTAIN WASTE PROHIBITED IN PUBLIC SEWERS to
hereafter read as follows:
"(b) No person shall discharge or cause to be discharged any storm water, ground
water, roof runoff, subsurface drainage, or drainage from downspouts, yard
drains, yard fountains and ponds, or lawn sprays into any sanitary sewer,
except as provided by the City Code. No person shall remove the top of a
manhole or break into a manhole to permit drainage of ground or surface water
into the sewage system or for any other purpose. Grease, oil, and sand inter-
ceptors shall be provided when they are necessary for the proper handling of
liquid wastes containing sand or containing grease or oil in quantities or con-
centrations as specified in 2(d)(1) hereof, any flammable wastes, or other harmful
ingredients, in compliance with the City of Corpus Christi Plumbing Code. Where
installed, all grease, oil and sand interceptors shall be maintained by owner,..
at his expense, in continuously efficient operation at all times. Water from
swimming pools, motor vehicle wash racks, unpolluted industrial water, such
as water drains, blow -off pipes, or cooling water from varicus equipment shall
not be discharged into sanitary sewers if a closed storm sewer is available. If
a closed storm sewer is not available, such water may be discharged into the
sanitary sewer by indirect connection whereby such discharge is properly trapped,
cooled below 150° Fahrenheit, if required, and flows into the sanitary sewer at
a rate not in excess of 10 gallons per minute, provided that the waste does not
contain materials or substances in suspension or solution in violation of the limits
prescribed by this Code."
11. Wherever the word "sewerage" appears, referring to system or works, the word shall
hereafter read "sewage" throughout the ordinance.
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Minutes
Regular Council Meeting
September 29, 1971
Page 11
12. Amend Paragraph 2(c)(4) to hereafter read as follows:
"(4) Any Garbage that has not been properly comminuted or shredded. If properly
comminuted or shredded, then it may be accepted if suitably pretreated. The
installation of any grinder equipped with a motor of one (1) horsepower or
greater shall be subject to review and approval of the City, considering (ai
the interior diameter and gradient of the pipe connecting such grinder to the
City sewer line, (b) the interior diameter and gradient of the City sewer line at
the connection to such pipe, (c) the rate and cubic volume per minute of
discharge from said grinder into said pipe, and (d) the capacity and ability of
the sewage treatment plant to process such garbage as delivered."
13. That paragraph 2(c)(7) be changed to hereafter read as follows:
"(7) Petroleum oil or greases in accordance with 2(d)(1) hereof."
14. That paragraph 2(d)(3) be amended to hereafter include names of the chemical
symbols of salts and heavy metals.
15. That paragraph 2(d)(4) be amended to change the chamical symbol of "Cn" to
the word "Cyanide."
16. That paragraph 2(d)(6) be amended to hereafter read as follows:
"(6) Radioactive materials, in a manner which will permit a transient con-
centration higher than 100 microcuries per liter."
17. That paragraph 2(e) be amended to hereafter read as follows:
"(e) Any person who refuses to comply with, or who resists or wilfully violates
Section 38-5, paragraph 2, or who refuses to comply with the provisions
of saki section, shall be served by the City with a written notice stating
the nature of the violation and providing up to 90 days for satisfactory
correction thereof. Any person who shall continue any violation -beyond
said time limit shall be deemed in breach of his service contract and shall -
be summarily disconnected from the sanitary sewer by the City, such dis-
connection and retlonnection, if any, to be at total expense to the owher.
Where industrial waste damaging to sewer lines or treatment processes is
released to the sewer which causes rapid deterioration of these structures,
interfering with proper treatment of sewage, or creates a public nuisance,
the owner will be notified by the City to take necessary steps to correct
the problem; however, the City is authorized to terminate service by such
measures as are necessary to protect immediately the facilities if corrective
action is not taken immediately. This remedy of the City is cumulative of
all other remedies at law or equipty available to the City."
18. Amend subparagraph (a) of paragraph 3 SPECIAL PROCEDURES RELATING TO
INDUSTRIAL WASTE, to hereafter read as follows:
"(a) Structures Required. When sampling has indicated a violative strength of
prohibited waste is being discharged into the sewage works by an owner who
has a sanitary sewer service contract as of the effective date of this ordinance,
the City may construct a suitable control manhole, downstream from any treat-
ment or storage tanks or other approved works utilized by such person for
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Regular Council Meeting
September 29, 1971
Page 12
pretreatment, such control manhole to be for the purpose of facilitating
observations, measurements and sampling of all waste created and discharged
by such person. The control 'manhole may be constructed on such person's
property at a location which is readily accessible, provides ease of entrance,
and in a manner approved by the City, and by connection of the serviced
premises to the sewage works it shall be deemed that the owner consents to
term of contract with the City that such entry may be made by the City
without charge to the City. In the event no special manhole is required
to accurately determine the quality and quantity of waste being discharged,
the control manhole shall be considered to be the nearest downstream manhole
in the publicsewer to the point at which the serviced premises is connected.
Any persons first using the system after the effective date hereof shall provide
and maintain such manhole at their sole expense.'
19. Amend paragraph 3(b), in Line 10, following the word "system", the words "or
sewage works", and adding to line 16, following the words "service line" the following:
"and shall inform the occupant or user of the reason or condition causing
the disconnection."
20. Amend subparagraph (c) of paragraph 3 SPECIAL PROCEDURES RELATING TO
INDUSTRIAL WASTE, by striking the words "the Director nor the individual inspector" as
the same appear in Line 5; add the word "its" following "City of Corpus Christi" and
preceding the word "agents"; delete the words "individual inspector, agent or representative"
as the same appears in Line 11; delete the words "his inspectors, agents or representatives"
from Lines 15 and 16.
21. Amend paragraph 3(d) by changing the word "Director" to "City"; in Line17,
following the word "City's" add the word "sanitary" before "sewer system"; in Line 8,
change "owners" to "owners"; add to Line 8, following the words "owner's expense", the
following: "upon his request,". In line 10, change the sentence as follows: "Credit may
be allowed by the City for evaporation upon request by the owner." In the next sentence,
add "it is" following the word "if" and preceding the word "impossible", the sentence to
hereafter read as follows: "If it is impossible to show volume by metering, the recognized
industry standards designated by the City may apply." The following sentences to follow the
preceding: "However, in no event will the monthly sewer bill determined by such estimated
flow with surcharge ever be less than the published rate times meter flow without surcharge.
If a surcharge is assessed by the City it shall be shown separately on the monthly billing."
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Regular Council Meeting
September 29, 1971
Page 13
Change the word "Director" to "City" wherever the same appears in the second
paragraph of subparagraph (d) of paragraph 3 except in line 12 change the word "Director"
to "owner", and delete the words "require or permit the installation of"; change the word
"installation" to "install" at the beginning of Line 13.
22. Amend the first complete sentence on the old page 7 to hereafter read:
"Samples may be collected manually or by the use of mechanical equipment that
would provide five-minute samplings and shall be collected in such manner as to
be representative of the character and concentration of the waste under operational
conditions."
23. Amend subparagraph (f) of Paragraph 3 Special Considerations, to hereafter read
cis follows:
"(f) Special Considerations. The City reserves the right to review and approve any
waters or industrial waste entering the sewer system or proposed to be discharged
into the system having an average daily flow greater than 10% of the design flow
capacity of the plant which will treat the waste. In the event the City's measure-
ment discloses such flow to be in excess of 10% of said capacity, the City shall
be under no Obligation to receive such flow in excess of 10% of design capacity
and the City's published rates shall not apply to such excess. An owner affected
hereby shall be promptly notified of such determination by the City.
A special contract, at the City's option, may be made with the user to
accommodate such excess flow."
24. Amend paragraph 4(a)(2) by deleting the present (2) and substituting therefor
the following:
"(2) Polluted waste color;"
25. Amend paragraph 4(a)(5), the first paragraph thereof, by adding immediately
following (b), in the second line, the word "materially" preceding the words "impair the
processes,". In the second paragraph of said paragraph 4(a)(5), in line 4 thereof, change
the word "he" to "it".
26. Amend paragraph 5 VARIANCES by substituting the following subparagraph(a):
"(a) Initial fact determinations, samplings, findings, and rulings under this ordinance
shall be made by the Director of the Public Utilities Department or an authorized
representative of the City other than the City Manager."
That paragraph 5(b) be amended to hereafter read as follows:
"(b) Any order, decision, termination of sewer or water service action or directive
taken by the City pursuant to this ordinance shall be subject to appeal and
review by the City Manager by any aggrieved party upon filing written notice
of appeal to the City Manager within seven (7) days of the action complained
of. The City Manager shall conduct an informal hearing within seven (7) days
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Minutes
Regular Council Meeting
September 29, 1971
Page 14
of receipt of notice of appeal and hear evidence presented by the
appealing party and by the officer whose action is complained of.
The City Manager shall give at least three (3) days notice of the
time and place of the hearing to such party. After the hearing, the
City Manager will have five (5) days to render his determination in
writing.'
That paragraph 5(d) be amended by changing the word "provisions" in Lint 2
thereof to hereafter read "procedures."
That paragraph 5(c) be amended by deleting the words, beginning in Line 3: "But
may affirm, modify or reverse the Director's decision or action with respect to the said
new connection."
27. Change paragraph 6 to hereafter read "Section 2."
28. Change paragraph 7 to hereafter read "Section 3."
29. Change paragraph 8 to hereafter read "Section 4."
30. Change paragraph 9 to hereafter read "Section 5.
31. Amend Section 5 by changing the period to a comma at the end thereof, and
adding the following:
"Being that penalty provided in Section 1-6 of the Corpus Christi City Code, 1958.
Provided, however, the surcharge or other new charges provided for by this ordinance
shall not be assessable or collectible until the end of the 90 -day period provided
by the Presidential Executive Order 011,615, dated August 15, 1971."
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Minutes
Regular Council Meeting
September 29, 1971
Page 15
Copies of the amended ordinance were furnished each member of the Council.
Motion by Lozano that action on the foregoing ordinance be further deferred
with the view that some members of the Council have not had an opportunity to review
all the information received, particularly model ordinances from other cities. The
motion failed to pass for lack of a second.
Dr. Hans Suter, local ecologist and president of OPUS; Mrs. Robert E.
Clarke, president of the League of Women Voters; Mr. Galen Westwick, 336 Merrill
Drive; and Mrs. Harrison Pells, spoke in favor of the proposed ordinance and urged
its approval.
Attorney Harold Alberts, representing Sam Kane Meat Packing Company,
appeared and opposed passage of the ordinance, stating that he had attempted to
inform the Staff and Council that a small industry that had considered locating
in the City had concluded that the ordinance was unreasonable, and had decided to
locate in San Antonio because the Council's approval on first reading had indicated
hostility. He stated he felt the Council should be aware of these facts. He
charged that the formula, for testing waste as contained in the ordinance is the
highest in the State, 28 percent higher on B.O.D. and 96 percent higher on sus-
tained solids, and the highest surcharge in Texas. He pointed out what changes
should be made to be in line with ordinances of other cities, stating that if the
Council would adopt the San Antonio formula he would withdraw his objections.
Attorney J. W. Wray, representing Texas Industrial and Eureka
Laundries, spoke in opposition to the proposed ordinance stating that it was
unfair because it provides for selective enforcement against only a few commercial
firms; that methods of testing of smaller industries are impractical; that laundries
and hospitals are service organizations and should not be classified with manu-
facturing concerns; that the surcharge is unequitable; that there has been no
evidence presented to substantiate the concern that the ordinance is necessary
to receive federal aid, and that laundries and hospitals are already paying their
share of sewer charges based on volume of water.
Commissioner Stark noted the figures of 300 to 325 for homeowners
average, and asked Mr. Wray if based on those figures and on the assumption that
they are valid, then laundries and hospitals would not be charged a surcharge.
Minutes
Regular Council Meeting
September 29, 1971
Page 16
Mr. Wray stated he has no argument with the assumption, but that the
question is whether or not hospitals and laundries are paying their fair share of
sewer charges.
Mr. A. C. Skinner, owner of Oriental Laundries, urged the Council to
exclude hospitals and laundries from the ordinance. He stated that four recognized
legal firms had given opinions that the ordinance is not needed for the City to
receive federal assistance.
Mr. Carl Crownover, 4706 Donegal, chemist, employed by Jordan Labora-
tories, 1919 Korth Chaparral, gave background information relative to definitions
of B.O.D. and sustained solids; read a written statement to the effect that the
proposed method of testing is inadequate and not in compliance with up-to-date
standards, and that the ordinance should be deferred based on these inadequacies.
Mr. Bob Sorrell, Jr., attorney representing Oriental Laundry, opposed the
proposed ordinance, stating that laundries are already paying their share of sewer
charges, and challenged the Council and Staff to show where they are failing. He
referred to his letter dated September 23, wherein an alternate amendment was pro-
posed and urged consideration of this proposal. He reiterated his assertion that
the regulations as contained in the proposed ordinance are not necessary for the
City to receive federal aid under Bill #660; stated that it had never been proven
that the fees now paid are not a fair share fee; urged passage of an ordinance
similar to the one adopted by the San Antonio Council which exempts service indus-
tries such as laundries and hospitals, but meets state and federal requirements for
continued financial assistance for wastewater treatment projects.
City Manager Townsend pointed out that the ordinance could be amended at
any time after it is passed, and that it is not effective until after the President's
price -wage freeze.
Motion by Branch, seconded by Bonniwell and passed, that the ordinance
generally referred to as "The Industrial Waste Ordinance", passed on second read-
ing September 15, 1971, be and the same is hereby amended before its third and
final reading as follows:
Add the following sentence at the end of Paragraph 3(e):
"After initial sampling by the City, flow weighted composite
sampling shall be used, consistent with the terms of this
ordinance."
Minutes
September 29, 1971
Regular Council Meeting
Page 17
Motion by Bonniwell, seconded by Stark and passed, that the Industrial
Waste Ordinance pending for third and final reading be amended in 4. Pretreat-
ment and Surcharge (b) Abnormal. Sewage Surcharge, in the seventh paragraph thereof,
as follows:
follows:
"Computations of each surcharge, as applicable, shall be based on the
S"= v x 8.34 x .011 x (B.O.D. - 325)
S = V x .007 x (S.S. - 325)
S = Surcharge in dollars for the billing period.
V = Water consumption in millions of gallons during
the billing period.
8.34 = Weight of water in pounds per gallon.
.011 = Unit charge in dollars per pound for B.O.D.
.007 = Unit charge in dollars per pound for suspended
solids.
B.O.D. = B.O.D. strength index in parts per million by weight.
S.S. = Suspended solids strength index in parts per million
by weight.
325 = Normal B.O.D. and suspended solids strength in parts
per million by weight.
If the strength index per either B.O.D. or S.S. is less than the
normal strength index for that category, then there shall be no
surcharge for that category, nor shall there be a credit given to
the total surcharge.
Provided, however, that the surchrge prescribed herein shall be
assessed, as applicable after effective date hereof, as to a user subject
to such surcharge only to the extent of thirty-three and one-third (33-1/3) per
centof the total of such surcharge assessable until May 15, 1972, from and after
whichdate any such surcharge assessed and levied shall not exceed sixty-six
and two-thirds (66-2/3) per cent of the total of such surcharge assessable
until May 15, 1973, from and after which date any such surcharge assessed and
levied shall be one hundred (100) per cent of the total of such surcharge
assessable."
The amended ordinance is as follows:
ORDINANCE 10499
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;
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Minutes
Regular Council Meeting
September 29, 1971
Page 18
DEFINING TERMS; PROHIBITING 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; AUTH-
ORIZING THE DIRECTOR OF PUBLIC UTILITIES TO DETERMINE THE SUFFICIENCY OF PRETREAT-
MENT; PROVIDING AN ABNORMAL SEWAGE SURCHARGE; PROVIDING AN APPEAL; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR
THE EFFECTIVE DATE AND PUBLICATION OF SAID ORDINANCE.
The foregoing ordinance was read for the third time and passed finally,
as amended, by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales,
Stark, present and voting "Aye; Lozano abstaining.
In connection with recommendation "k" of City Manager's Reports, relative
to City Depositories, City Manager Townsend stated that Bank officials have met
and concluded that the Federal Reserve has authorized the Corpus Christi State
National Bank and Guaranty National Bank and Trust to pay interest on existing time
deposits with those two banks from the date of their issuance to a termination date
of October 4, 1971, and that this treats each time deposit as though it had been
originally issued from the date of issuance to October 4, 1971, under the existing
interest rates for the number of days to maturity. He stated that on this basis he
is withdrawing his previous recommendation (Item "k"), and the related ordinance.
RESOLUTION NO. 10500
EXPRESSING THE WILLINGNESS OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TO
MAKE APPLICATION TO THE DEPARTMENT OF LABOR FOR AN AMENDMENT TO A FEDERAL GRANT
(PREVIOUSLY AUTHORIZED BY RESOLUTION NO. 10301) FOR THE PURPOSE OF CONTINUING THE
MANPOWER PLANNING OFFICE AND PROVIDING AN INCREASE IN LEVEL OF SERVICE; AND
DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing resolution was passed
by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzalex, Lozano,
and Stark, present and voting "Aye."
ORDINANCE NO. 10501
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN APPLICATION AND TO FILE IT
IN THE APPROPRIATE STATE OFFICE FOR THE PURPOSE OF OBTAINING CERTAIN FINANCIAL
ASSISTANCE UNDER PUBLIC LAW 606, 91ST CONGRESS; 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."
Mayor Sizemore called for petitions or information from the audience on
matters not scheduled on the agenda,
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Minutes
Regular Council Meeting
September 29, 1971
Page 19
Mr. David Saenz appeared and read a letter in support of the City's ban
on further development of such projects as Village on the Green and Westhaven,
stating that such projects are increasing segregation and not in the public interest
since they are primarily built to be inhabited by Mexican Americans.
Mr. James T. Ryan, attorney representing Wymore Development Company, owners
and developers of Village on the Green, appealed to the Council to reconsider the
Staff's refusal to approve plats for additional projects because of drainage
problems. He stated that the ban had left the developers "caught in the middle."
He stated that the houses in Village on the Green did not flood during the recent
heavy rains, and presented a copy of a statement from satisfied homeowners. He
stated that Wymore had completed 100 units and wants to proceed with the second
phase of some 200 more units. He stated that Capital Equities Ltd., which also plans
a project in the area had not been able to get initial plans approved. Mr. Ryan
pointed out the need for this type housing, stating it is in the public interest
and should be encouraged. He stated he was advised by the Staff that no more plats
should be approved until there is a Council commitment to provide a master drainage
ditch to serve that area which would require a bond issue. (Council Exhibit #12-71 -
statement of Village on the Green homeowners)
Mayor Sizemore stated the Council would be reluctant to make such a com-
mitment until the entire Capital Improvement Program is reviewed. He pointed out
that the City's most pressing need is housing, but that the Council must take a
long-range look at drainage needs and priorities.
Director of Engineering Services James K. Lontos, stated that the plats
being held up do not comply with the drainage provisions of the platting ordinance
in that water does not drain fast enough and there is no outfall ditch.
City Manager Townsend explained that problems will occur in the future
as more units are added; that a few more units might be added and served on an
interim basis while a long-range plan is considered, and that he will prepare a
time -table to show when the breaking point will be reached.
City Manager Townsend presented for the Council's consideration the
following supplemental recommendations:
m. That $71,150.00 be appropriated for the City's additional cost to
construct street improvements on N.A.S. Drive, from Padre Island Drive to South
Gate of N.A.S. The City has previously placed in escrow $142,000.00 for the
Minutes
Regular Council Meeting
September 29, 1971
Page 20
estimated cost, however, bids received by the Texas Highway Department September
23, 1971, were above the estimated cost. This project is being constructed jointly
by the City and Texas Highway Department with the City paying for storm sewers, side-
walks, curbs and driveways, with the Highway Department paying for the paving of the
roadway.
Motion by Lozano, seconded by Stark and passed, that the foregoing recom-
mendation be approved as presented.
n. That the City contract with Humble Oil & Refining Company to furnish
labor and equipment necessary to lower a 4" high pressure gas line across N.A.S.
Drive to facilitate the construction of N.A.S. Drive by the Texas Highway Depart-
ment; (Humble Oil and Refining Company will furnish the materials, make the con-
nections to the existing line, and pay the City $3,194.00 for their share of the work.
The City is responsible for that portion of the cost involved in the wider right-of-
way resulting from the widening of N.A.S. Drive when N.A.S. was built because Humble
has prior easement across the right-of-way)
o. That the appointment of Mr. Kern Ewing to the position of Community
Renewal Program Director, be approved and confirmed.
Motion by Stark, seconded by Bosquez and passed, that the foregoing
supplemental recommendations, "n" and "o" be approved as presented.
Commissioners Branch, Bosquez, Stark, Gonzales and Bonniwell, were
appointed to represent the City of Corpus Christi Council on the Community Committee
on Youth Education and Job Opportunities (Nueces County Community Action Agency),
in accordance with the Economic Opportunity Act of 1964. City Manager Townsend
was asked to appoint a member of the Staff to serve as alternate to each Council
member so appointed.
There being no further business to come before the Council, the meeting
was duly adjourned at 7:25 p.m., Wednesday, September 29, 1971.
I, RONNIE SIZEMORE, Mayor of the City of Corpus Christi, Texas, certify that the foregoing
minutes, same being for the period of September 1, 1971, through September 30, 1971, inclusive,
and having been previously approved by Council action, me hereby approved.
RONNIE SIZE ORE, n.yor
City of Corpus Chrisifexas