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HomeMy WebLinkAboutMinutes City Council - 09/29/1971w 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. • 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 • Minutes 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 • • 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. • • 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". • Minutes 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, • • Minutes 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". • • 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. • Minutes 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." • • Minutes 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. • • 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 • • Minutes 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." • • Minutes 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 • 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." 1 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; • VI 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, • 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