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HomeMy WebLinkAboutMinutes City Council - 06/28/1972• • MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING June 28, 1972 3:00 P.M. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Chas. 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 Sizemore called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by The Reverend Bill Huth, Associate Pastor of First United Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Meeting of June 14, 1972, and of the Special Meeting of June 14, 1972, were approved as submitted to the Council. Mayor Sizemore announced the issuance of proclamations as follows: HONOR AMERICA DAY, July 4, 1972; BELL RINGING DAY, July 4, 1972; and SAFE BOATING WEEK, July 1 through 8, 1972. Mayor Sizemore recognized the presence of Miss Sharon Willis, who has been designated as Corpus Christi representative to the "Miss Texas Pageant" to be held in Fort Worth. Miss Willis was accompanied by her father, Mr. Doyle Willis. Bids were opened and read by Director of Engineering Services for the Corpus Christi Marina Improvements - Concession Stand, Bait Stand and Transformer Vaults Remodeling, from the following firms: Felton Carpenter; J. H. Chapman; Lambert & Fondren; and E. J. Netek. Mayor Pro Tem Bonniwell requested a legal opinion from City Attorney, Jim Riggs, as to whether or not the City can legally accept the bids in view of the opening having been deferred one week after advertising. City Manager Townsend commented the opinion should have been made prior to the opening of the bids. Mr. Bonniwell stated he had made the request last week. Mayor Sizemore asked if there were persons in the audience in protest of the opening of the foregoing bids. No one appeared. He stated the foregoing bids would be tabled for 48 hours pursuant to the requirements of the City Charter, and referred to the City Manager, pending a legal opinion from the City Attorney, for tabulation and recommendation. • Minutes Regular Council Meeting June 28, 1972 Page 2 Mayor Sizemore announced the public hearing for extending the City limits to the limits of the 5 -mile extraterritorial jurisdiction along the bed of the Nueces River for a total of approximately 9 river miles because of the meanders of the river. City Manager Townsend presented the proposal stating that the recommendation comes from the Staff on the basis that the development along the river in the proposed R & M Reservoir area is continuing without the benefit of platting control and land development standards; that extending the City limits along the river bed will extend the City's extraterritorial control for a distance of five miles along both sides of the river and will increase the City's ability to control pollution coming directly into the river. He explained that the City had previously annexed five miles of the Nueces River waterbed, extending from the O. N. Stevens Treatment Plant, about two years ago; that there are no private lands involved in this proposal and the annexa- tion would in no way affect the land on both sides of the river taxwise; that the action would extend the platting responsibilities of the City which would mean that new subdivisions in that area must meet the criteria of the City's Platting Ordinances; that the action would prevent the formation of water districts and new municipalities without the approval of the City of Corpus Christi. He explained that this proposal is not new but had been discussed at least five years ago. He described the lands that had been annexed in recent years, and explained the Statutes providing for annexation of extraterritorial jurisdiction. Mr. Robert Nogueira, City Attorney of Beeville, Texas, P. O. Box 278, appeared and spoke in opposition to the proposed annexation on behalf of the Dougherty Family, owners of lands in San Patricio County. He questioned the description of the area proposed to be annexed, stating it is not legally correct; stated there had not been shown there was a demon- strable need for the annexation; and that interested persons who would be affected had not been sufficiently notified of the public hearing. He stated that the City of Corpus Christi proposes to annex some 56 square miles comprising land owned by absentee land owners who could not be present, and in the interest of fairness, the hearing should be recessed at least two weeks hence to provide an opportunity for these persons to be heard. He agreed that the hearing, under the Statutes, is a valid hearing and had been properly advertised, but that the description which was published did not adequately identify the lands to the people living within this 56 square mile area, and that the staff will be besieged with inquiries and questions. Relative to the • Minutes Regular Council Meeting June 28, 1972 Page 3 question of pollution, Mr. Nogueira stated that State laws already exist for control of the pollu- tion problems. He presented documents filed for record in Nueces County restricting subdivisions which have been established and stated there has been no evidence that these restri ctions have been violated; stated these controls are standard, rather restrictive, and adequate to protect the river from pollution from persons living along its banks. He pointed out that recent lawsuits had initiated some changes in legislation, and if enacted, would restrict the powers of cities to annex adjacent lands. Mr. Nogueira opposed the annexation on the basis that developers would be required to drive 40 miles to Corpus Christi and seek permission to divide the land; that the power of the City of Corpus Christi to designate industrial districts would adversely affect property owners, commenting that land near Reynolds Metals Company was an example of that kind of situation; and that the City should not take actions which would affect people outside their jurisdiction unless there is demonstrable necessity shown. City Manager Townsend responded that the City would have absolutely no authority to become involved in industrial districts except thru the process of annexation or by contract; that the annexation of the river bed is proposed because there exists no plan to guide develop- ment along the river which is this City's and other area cities' source of water supply; that the City of Corpus Christi has a very definite concern and vested interest along the river; and that nothing is involved in this action except regulation of land division to insure that when the land is platted it will be adequately drained and contain minimum sewer facilities. He pointed out that presently there are no deed restrictions required; that land can be divided by metes and bounds and sold; there is no requirement that the land be platted in such a way that it will drain properly; septic tanks are allowed and no sanitary regulations exist except those imposed by County Health provisions. Mr. Townsend emphasized that this proposal does not include privately owned lands which would require an election; involves no taxation; that, the action is a protective action; there cannot be too much control over the river, and in this regard, it is recommended. (Mayor Pro Tem BonniwelI departed the meeting at this time.) Mr. Lev Hunt, attorney representing the Nason Estate, Bluntzer, Clyde Wright Properties, and others, spoke in opposition to the proposed annexation action, stating he concurred in the statements of Mr. Nogueira. He stated his clients had not received • Minutes Regular Council Meeting June 28, 1972 Page 4 adequate notice of the hearing and were not aware of what the action would involve. He stated he felt evidence of the necessity for the action had not been shown and requested that the hearing be either recessed or action tabled for further publicity and explanation of what is involved. Mr. Richard Stone, attorney representing himself, the M. P. Wright Family, and Mrs. Mildred Trusdale, spoke in opposition, generally concurring with statements of Mr. Nogueira. He stated the City's intentions were not clear and he was concerned that there is more involved than the annexation of the river bed, pointing out that this could be a single phase of another phase the Staff has in mind to annex five more extraterritorial miles. He asked Mr. Townsend to answer if this would, in effect, extend the City limits to include what is being proposed to be new extraterritorial areas and if taxation was a consideration. City Manager Townsend stated it was public knowledge that the Staff had previously recommended that the river be annexed eventually to Mathis, and that the only way this could be done would be in five -mile stages, but there is presently no timetable. He stated extension of the City limits within the extraterritorial jurisdiction is all that is proposed. There is no action this Council could take for annexing private property as this would have to be done by an election; that taxation was not a consideration; the City has no plans to annex private lands along the river, and based on present knowledge, there will be no such recommendation. Mr. Jim Whitten, attorney representing the Commissioners' Court of San Patricio County, spoke in opposition, stating they wished to go on record as being opposed to the pro- posed annexation on the basis that a large portion of the extraterritorial area would be in San Patricio County, and it is felt that the Commissioners' Court is capable of taking care of its own land; can protect the citizens of the County and citizens living along the banks of the river, and control and protect the water supply. He stated it is also felt that this is an attempt to acquire more land within the City of Corpus Christi, and that in his opinion, it is not a proper function of any city to annex ony land for the sole purpose of obtaining extraterritorial jurisdiction. City Manager Townsend inquired as to the present regulations of the County of San Patricio regarding drainage and sanitation along the river. • Minutes Regular Council Meeting June 28, 1972 Page 5 Mr. Whitten stated he feels the present use of septic tanks with the regulations presently imposed, are satisfactory and are in line with the State law for protection of the water supply. However, he stated the Commissioners' Court os now in the process of placing much more stringent regulations on these facilities. Mr. Percy Hartman, County Judge of San Patricio County, stated establishment of new building standards, flood control, and sanitation regulations are in progress, and they feel these steps should be taken by San Patricio Commissioners' Court and not the City of Corpus Christi. He stated he was "violently" opposed to the annexation. Mayor Sizemore stated that the City of Corpus Christi had tried to cooperate with San Patricio on many issues in the past and were not trying to usurp their powers in any way, that powers are not the objective, and this Council is willing to cooperate in any way to obtain needed controls. Motion by Gonzales, seconded by Branch and passed, that the hearing be closed. Motion by Stark, seconded by Branch and passed, that the foregoing matter be tabled for two weeks, pending information from the San Patricio Commissioners' Court relative to sanitation regulations now in effect and recommendations for future controls. Mayor Sizemore called for the City Manager's Reports. City Manager Townsend made the following requests and recommendations: a. That the date of July 19, 1972, at 4:30 p.m., Special Meeting, be set fora public hearing on the following zoning applications: (1) Paul R. Aston - from "R -IB" to "A -I", located on the east side of Aviation Street, between Skipper Lane and Jester Street; (2) Henry Tucker - from "F -R" to "B-4" on TRACT A; from "F -R" to "A-2" on TRACT B, located on the northeast corner of Airline Road and Woolridge Road; Bill Bell - from "A-2" to "1-2", located on the west side of 25th Street, south of Buford Street. (4) Richard Haas & Jack Dumphy - from"R-IB" to "R-2", located on the northwest side of Anchor Street, south of Navy Drive, b. That the easements in Lots 3 and 4, Cenizo Canyon Unit 01, be vacated upon request of Urban Engineering. The affected departments concur in the action which was required by the Planning Commission in finalizing a revised plat for the area. (3) • Minutes Regular Council Meeting June 28, 1972 Page 6 c. That the City Manager be authorized to grant an easement to Texas Pipeline Corporation to use approximately 300 square feet of the Hudson Acres Lift Station Site on Stillwell Lane and Tuloso Road fcr the purpose of installing a scraper trap with valves and fittings. (The company has an easement across the same site for a pipeline.) d. That public hearings be held cn July 12, 1972, on an amendment to the Text of the Zoning Ordinance to provide for "l-2" Light industrial Zoning upon the completion of the contractual annexation of Nottarb Place, Unit 13; and on the contractual annexation itself. e. That the Public hearing held May 10, E972, on street assessments for the Airport Park Subdivision and Moravian Drive, be closed, and the assessment roll be approved with corrections as recommended by Mr. Carr on six items. The streets include: (I) Moravian Drive; from Padre island Drive to McArdle (2) Beechcraft, from Post to Ryan (3) Fleet, from Ryan to Beechcraft (4) Fairchild, Cub, Lockheed, Wright„ Stinson, Braniff and Eastern, from Post to Virginia f. That the City Manager be authorized to execute a contract with Asphalt Main- tenance Company, Inc. for the construction of Street improvements in Airport Park Subdivision and Moravian Drive from McArdle to Padre island Drive, and that $204,000.00 be appropriated including $194,762.50 for the construction contract and $9,237.50 for contingencies and incidental expenses. g. That the public hearing on assessments given to the property owners abutting Airline Road, from 300' North of Alameda Street to Ocean Drive, be closed, and that the Assessment Roll be adopted. (See subsequent action this meeting.) h. That the City Manager be authorized to execute a contrac, with Heldenfels Brothers for the construction of Street Improvements to Airline Road from Alameda Street to Ocean Drive, and that $155,000.00 be appropriated including $148,919.10 for the construc- tion contract and $6,080.90 for contingencies and incidental expense. i. That the City Manager be authorized to execute a contract with H & H Concrete Construction Company for construction of Gardendale Area Storm Sewers, and that $525,000.00 be appropriated including $498,714.59 for the construction contract and $26,285.40 for • Minutes Regular Council Meeting June 28, 1972 Page 7 contingencies and incidental expenses, subject to approval by the Department of Housing and Urban Development. j. That the construction of an 8 -inch sanitary sewer lateral to serve the 11,100 block of Forrest Hill Lane be approved and $6,660 be appropriated from the Sewer Bond Fund for construction by City Forces. This block is the only area that can be served from existing mains. Other portions of Jackson Place and Jackson Terrace cannot be served until a main is constructed from UpRiver Road. Since the owners have petitioned, are willing to pay their share, and are having septic tank problems, it is recommended that this block be constructed before the other portions of the 1970 Bond Fund Project for Jackson Place and Jackson Terrace are built. k. That Mr. Arthur Cisneros, Warrant Officer 1 in the Municipal Court, be granted an additional six weeks of sick leave without pay. The Civil Service rules state that only the City Council has authority to approve leaves of absence in excess of three months in one year. Mr. Cisneros has had surgery and has been off work since February 21, 1972; he has used all of his sick leave and vacation; he hopes to return to work July 1, 1972; and his position is filled by a temporary employee. The leave is necessary to maintain his civil service tenure and is recommended by Municipal Court Clerk Estella Tijerina. 1. That $34,600.00 be appropriated for the City's additional share of cost to con- struct intersection improvements at Staples and Swantner between Eighteenth Street and Annapolis Drive and an FM 665 (Airport Road) and Morgan Street. m. That plans and specifications for the construction of Candlewood Park be approved and bids be received July 19th at 3:00 p.m. The specifications are so drawn that contractors can bid irrigation work, general work and landscaping work separately - the plans generally include grading, playground area, multi -use court, irrigation system and landscaping. n. That possession or consumption of any alcoholic beverages on or within 100 feet of any softball or baseball field owned or operated by the City be prohibited while being used for a softball or baseball game. The Park Board has discussed their recommendation at two meetings and have heard representatives of the Softball Association. The Association conducted a mail poll of their members with 247 in favor of the change and 162 against. • Minutes Regular Council Meeting June 28, 1972 Page 8 o. That a further extension be authorized for permits to dispose of oil field brine in City barrow ditches upon payment of a filing fee of $40 per well to be paid on or before August 1, 1972. Permits issued under Ordinance No. 10,347 expire June 30, 1972; and the Railroad Commission has issued an order for no dumping into the Clarkwood, Kelly and Oso drainage systems after March I, 1973. it is further recommended that the Bay Drilling Committee be asked to review and comment about the salt water disposal problem in the Saxet Field. p. That the General Fund be reimbursed $90,837.54 for engineering services pro- vided during November and December of 1971 and January of 1972 on various bond fund projects and that $47,270.56 be appropriated from various projects to supplement remaining contingency appropriations of $43,566.98. q. That the City Manager be authorized to execute a contract with the Bishop Consolidated Independent School District for lease of a 66 -passenger school bus to be used to transport children engaged in recreational activities with all costs supported through the funds provided by the National League of Cities -U.S. Conference of Mayors Transportation Grant. r. That the City Manager be authorized to execute an agreement with Guy D. Winstead and wife, Ruby Winstead, for the City to obtain temporary possession of a portion of Lots 14 and 15, Koolside Addition, needed for the construction of the improvements to Gollihar Road, with the understanding that the land owners would reserve the right to receive compensation in the future for such taking, the amount to be determined either by negotia- tions or by condemnation, and that the effective date to be the date of this contract. Mr. James Atwiil, attomey representing the Seaside Memorial Cemetery, appeared with reference to Item "g" approving the Assessment Roll for assessments to abutting property owners on Airline Road. He stated he was not able to attend the public hearing held June 21, 1972, but it was his understanding that three letters had been presented subsequent to the hearing from real estate appraisers in opposition to the opinion of Mr. Harold Carr that the Cemetery would be enhanced in value, at least in the amount of the assessment. He read the letters, stating they were from qualified appraisers and based their opinion generally that • Minutes Regular Council Meeting June 28, 1972 Page 9 the Cemetery is a single -purpose use, is fenced from Airline, and has no access to or from Airline. Mr. Bernie Karchmer spoke on behalf of the Cemetery Association, stating that any improvement would improve, but it was his opinion that there would be no particular enhance- ment in value to the Cemetery property as a result of the improvements. City Manager Townsend stated that the Council had been furnished copies of the three letters referred to by Mr. Atwill. Motion by Branch, seconded by Stark and passed, that the City Manager's Reports, Items "a" through "r", (Item "g", relative to Airline Assessments withdrawn), and that the requests and recommendations be granted and approved as presented by the City Manager. City Manager Townsend reported that a petition containing 100 signatures had been received from Mr. Eddie Gonzales, 2514 Tarlton, requesting that Stop Signs be placed at the Intersection of Tarlton and McArthur for protection of school children crossing to and from school. He stated the petition would be received and that the Police Department would be asked to patrol the area for speeding motorists and the petition will be referred to the Traffic Engineer for review of the need for the requested Stop Signs. (Petition #16^72) City Manager Townsend recommended that the re -draft of the Ordinance amending the Text of the Zoning Ordinance (Community Unit Plan - PUD), be substituted for the ordinance passed on two readings, and that the ordinance be presented for approval July 5, 1972. Mayor Sizemore stated the Regular Meeting would be recessed for the purpose of holding the scheduled public hearings on three zoning applications. Mayor Sizemore reconvened the Regular Meeting at 5:30 p,m. City Manager Townsend reviewed and presented ordinances for the consideration of the Counc i I . Mr. Max Bennett, attorney, 602 Chamberlain, spoke in opposition to the ordinance presented for five-year extension of the franchise granted to Courtesy Advertising Company for placement of bus benches along the routes of the City Bus lines. Mr. Bennett stated the • Minutes Regular Council Meeting June 28, 1972 Page 10 complaint was of the "aesthetics" because the benches are placed for advertising exposure rather than for the convenience to the bus passengers; that the benches are concentrated in certain areas, and in some instances, placed so the bus would hove to block traffic in order to stop at the benches. He stated he was not opposed to the benches and that he is not saying Mr. Abrams is violating the terms of the franchise, but that the ordinance should be re -written so as to require that the benches be placed about the City in some uniform patterns and parallel with the curbline rather than at an angle. City Manager Townsend explained that he would prefer not to hove the advertising but that the benches ore needed and that until the City is in o position to buy them, he is compelled to recommend the extension of the existing franchise. He commented that Mr. Abrams has a good record of responding to complaints and that the benches had always been relocated immediately following complaints. He pointed out that the ordinance would be read once more before final passage. Mr. Abrams spoke on behalf of the franchise, stating that the benches are his livelihood; that he had endeavored to place them where necessary and in accordance with recommendations of the Traffic Engineer and Transit System Superintendent, and that Mr. Stewart and Mr. Klett are contacted once a month tosee if there are problems and for sugges- tions as to proper placing. Mayor Sizemore requested that Mr. Bennett submit his objections in writing to be evaluated before the third and final reading of the ordinance. SECOND READING OF AN ORDINANCE EXTENDING THE BENCH FRANCHISE GRANTED TO ELI ABRAMS, DBA COURTESY ADVERTISING COMPANY, BY ORDINANCE NO, 8046 AND EXTENDED BY ORDINANCE 8565, FOR A PERIOD OF FIVE (5) YEARS, BEGINNING JUNE 1, 1972, AND ENDING MAY 31, 1977; CONTINUING IN EFFECT THE SAID FRANCHISE HERETOFORE GRANTED, The foregoing ordinance was read for the second time and passed to third reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "aye". SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CRYSTAL PETROLEUM COMPANY FOR A 5 -YEAR LEASE COVERING THE OPERATION OF THE MARINA FILLING STATION, IN ACCORDANCE WITH THE TERMS OF SAID CONTRACT, A COPY OF WHICH, MARKED EXHIBIT "A", IS ATTACHED 'HERETO AND MADE A PART HEREOF. • Minutes Regular Council Meeting June 28, 1972 Page 11 The foregoing ordinance was read for the second time and passed to third reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE EXTENDING THE EFFECT OF REVOCABLE EASEMENTS HERETOFORE ISSUED UNDER ORDINANCE NO. 8844 AS AMENDED AUTHORIZING THE PERMITTEE TO DISPOSE OF WASTE MATERIALS AND WATER FROM OIL WELL PRODUCTION, AND SETTING FORTH OTHER PROVISIONS TO THE MATTER OF REVOCABLE EASEMENTS FOR SAID PURPOSE. The foregoing ordinance was read for the first time and passed to second reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye". ORDINANCE NO. 10935 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 4-1 ALCOHOLIC BEVERAGES; PROHIBITING CONSUMPTION OF ALCOHOLIC BEVERAGES ON PUBLIC SCHOOL PROPERTY AND IN CERTAIN PARK AREAS; PROVIDING FOR PUBLICATION; PROVIDING FOR 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. 10936 CLOSING TME HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUT- TING UPON THE HEREINAFTER NAMED STREETS IN THE CITY OF CORPUS CHRISTI, TEXAS, TO -WIT: I. Moravian Drive, from Padre Island Drive to McArdle Road 2. Beechcraft, from Post Avenue to Ryan Street 3. Fleet Avenue, from Ryan Street to Beechcraft Avenue 4. Fairchild Street, from Post Street to Virginia Street 5. Cub Street, from Post Street to Virginia Street 6. Lockheed Street, from Post Street to Virginia Street 7. Wright Street, from Post Street to Virginia Street 8. Stinson Street, from Post Street to Virginia Street 9. Braniff Street, from Post Street to Virginia Street 10. Eastern Street from Post Street -Old Robstown Road Intersection to Virginia Street AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITTED AND ENHANCED IN VALUE IN EXCESS OF COST OF Minutes Regular Council Meeting June 28, 1972 Page 12 IMPROVEMENTS, AND LEVYING AN ASSESSMENT FOR PAYMENT; FIXING A CHARGE AND LIEN, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "aye", ORDINANCE NO. 10937 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ASPHALT MAIN- TENANCE COMPANY, INC. FOR THE CONSTRUCTION OF AIRPORT ADDITION STREET IMPROVEMENTS AND MORAVIAN DRIVE, MC ARDLE ROAD TO PADRE ISLAND DRIVE STREET IMPROVEMENTS; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $204,000, OF WHICH $194,762.50 IS FOR THE CONSTRUCTION CONTRACT AND $9,237.50 IS FOR CONTINGENCY AND INCIDENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO, 22067-92.5; 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. 10938 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH H & H CONCRETE CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF GARDENDALE AREA STORM SEWER IMPROVEMENTS, H,U.D. PROJECT NO. WS -TX -06-59-1017; APPROPRIATING OUT OF THE NO. 296 STORM SEWER BOND FUND $525,000 OF WHICH $498,714.59 IS FOR THE CONSTRUCTION CONTRACT AND $26,,285.41 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES FOR PROJECT NO. 296-70-2; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bcsguez, Branch, Gonzales, Lozano, and Stark, present and voting "aye". ORDINANCE NO. 10939 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS FOR THE CONSTRUCTION OF AIRLINE ROAD STREET IMPROVEMENTS FROM ALAMEDA STREET TO OCEAN DRIVE; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $155,000 QF WHICH $148,919.10 IS FOR THE CONSTRUCTION CONTRACT AND $6,080.90 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES FOR PROJECT NO. 220-70-119; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "aye"; Bonniwell disqualifying himself. Minutes Regular Council Meeting June 28, 1972 Page 13 ORDNANCE NO. 10940 • APPROPRIATING THE SUM OF $34,600 OUT OF THE NO. 220 STREET BOND FUND FOR PROJECT NO. 220-67-94, REPRESENTING THE CITY'S SHARE OF ADDITIONAL COST TO CONSTRUCT INTERSECTION IMPROVEMENTS ON SOUTH STAPLES STREET AND SWANTNER STREET EXTENDING FROM EIGHTEENTH STREET TO ANNAPOLIS DRIVE AND ON FARM TO MARKET ROAD 665 FROM 650 FEET WEST OF MORGAN STREET TO 500 FEET NORTH OF MORGAN STREET, ALL AS PROVIDED UNDER THE AGREEMENT WITH THE STATE HIGHWAY COMMISSION AUTHORIZED BY ORDINANCE NO. 10876, AND AUTHORIZING THAT SAID AMOUNT BE PLACED IN ESCROW WITH THE STATE TREASURER, TRUST FUND ACCOUNT NO. 927; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Basquez, Branch, Gonzales, Lozano, and Stark, present and voting "aye". ORDINANCE NO. 10941 APPROPRIATING $47,270.56 AS FOLLOWS: $15,987.17 FROM NO. 220 STREET BOND FUND, $11,666.65 FROM NO, 295 STORM SEWER BOND FUND, $7,048.86 FROM NO. 296 STORM SEWER BOND FUND, $2,047.05 FROM NO. 250 SANITARY SEWER BOND FUND, $7,773.74 FROM NO. 251 SANITARY SEWER BOND FUND, $2,692.11 FROM NO. 291 PARK BOND FUND, AND $54.98 FROM THE NO. 207 PUBLIC BUILDING BOND FUND, TO SUPPLEMENT $43,566.98 REMAINING FROM FUNDS PREVIOUSLY APPROPRIATED FOR CONTINGENCIES AND INCIDENTAL EXPENSES APPLICABLE TO VARIOUS PROJECTS AS SHOWN ON THE TABULATION PREPARED BY THE ACCOUNTING DIVISION, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A" AND I5 MADE A PART HEREOF; AUTHORIZING REIMBURSEMENT OF $90,837.54 TO THE NO. 102 GENERAL FUND FOR ENGINEERING SERVICES PROVIDED DURING THE PERIOD OF NOVEMBER 1, 1971, THROUGH JANUARY 3!, 1972; 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. 10942 APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $6,660 FOR CONSTRUCTION OF AN 8 -NCH SANITARY SEWER LATERAL TO SERVE FOREST HILL LANE IN JACKSON PLACE SUBDIVISION, A PORTION OF PROJECT NO. 250-70-80.6, JACKSON PLACE AND JACKSON TERRACE EXTENSION, PERFORMED BY CITY FORCES; AUTHORIZING THE REIMBURSEMENT OF 909 SEWER FUND FOR ALL AMOUNTS PREVIOUSLY ADVANCED AND TO BE ADVANCE FOR LABOR AND MATERIALS FOR THIS PROJECT FROM SAID 109 SEWER FUND FOR THE ABOVE PROJECT; 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 June 28, 1972 Page 14 ORDINANCE NO. 10943 • AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GUY D. WINSTEAD AND WIFE, RUBY WINSTEAD, WHEREBY THE CITY OF CORPUS CHRISTI IS AUTHORIZED TO TAKE POSSESSION OF A PORTION OF LOTS FOURTEEN (14) AND FIFTEEN (15), KOOLSIDE ADDITION, FOR THE CONSTRUCTION OF THE IMPROVEMENTS TO GOLLIHAR STREET, A COPY OF WHICH AGREEMENT IS MARKED EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES; 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. 10944 AMENDING ORDINANCE NO. 10377, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 28TH DAY OF JULY, 1971, ADOPTING A BUDGET FOR THE FISCAL YEAR 1971-1972, SO AS TO DELETE ALL REFERENCE TO "ADMINISTRATIVE ASSISTANT II"AND INCREASE THE AUTHORIZED NUMBER OF "POLICE COMMANDER, 895(1)", on PAGE 63 OF SAID BUDGET FROM 3 TO 4; AND DECLARING AN EMERGENCY. The Charter Rule was swspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Brannh, Gonzales, Lozano, and Stark, present and voting "aye". ORDINANCE NO. 10945 ANNEXING TO THE CITY OF CORPUS CHRISTI, TEXAS, PORTION OF SOUTH CLARKWOOD ROAD PURSUANT TO ART. 970a, V.A.C.S TEXAS AS AMENDED, AND THE CITY CHARTER, ARTICLE I, SEC. 2 (b), PROVIDING FOR ANNEXATION OF ROADS, HIGHWAYS, AND STREETS ADJACENT AND CONTIGUOUS TO THE CITY BY ORDINANCE OF THE CITY COUNCIL; PROVIDING FOR 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. 10946 AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO INSTITUTE ANNEXATION BY EXECUTION OF A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND LARRY CROW, GEORGE McINGVALE AND DALE LINGREN, DOING BUSINESS AS BUCCANEER MOBILE HOME PARK, A TRUE COPY OF WHICH IS ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN FOR ALL PURPOSES, INCLUDING EXHIBITS THERETO, AS THOUGH FULLY SET OUT FORTH HEREIN, AFTER DUE NOTICE AND HEARING, FOR THE ANNEXATION OF A TRACT OF LAND CONSISTING OF 8.0 ACRES, MORE OR LESS, OUT OF THE THOMAS GALLAGHER 400 -ACRE SURVEY NO. 402, ABSTRACT 988, IN NUECES COUNTY, TEXAS, ALL AS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS, AS HEREINAFTER SET FORTH; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITH'iN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting June 28, 1972 Page 15 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. 10947 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT FOR LEASE FROM THE BISHOP CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR THE LEASE OF A PASSENGER BUS FROM JUNE 28, 1972 TO AUGUST 4, 1972 FOR TRANSPORT- ING CHILDREN IN SUMMER RECREATIONAL ACTIVITIES, AS MORE FULLY SET FORTH IN THE LEASE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MARKED EXHIBIT "A"; 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. 10948 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 MANUEL N. CANTU, JR. BY GRANTING A SPEC- IAL USE PERMIT FOR A FUNERAL HOME ON ALL OF LOT 11, PHILLIPS 66 SUBDIVISION, LOCATED ON THE NORTHWEST CORNER OF BALDWIN BOULEVARD AND CLEO STREET, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE CON- DITIONS SET FORTH HEREINAFTER; 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, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "aye", Bonniwel I was absent. ORDINANCE NO. 10949 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 FEBRUARY INVESTMENTS, INC., BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A 12 -ACRE TRACT OUT OF LOTS 2 AND 7 SECTION 5, RANGE VIII, GUGENHEIM & COHN'S FARM LOTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -IB" ONE FAMILY DWELLING DISTRICT TO "A-2" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "aye"; Bonniwell was absent. • Minutes Regular Council Meeting June 28, 1972 Page Ib Mayor Sizemore called for petitions or information from the audience on matters not scheduled on the agenda. Mr, Clarence R. Petty, 5033 Bonner Drive, appeared in protest of notice from the Tax Office that the valuation on his property would be increased, He stated that some of the property valuations in the Gardendale area had been doubled and tripled and that the property owners did not feel the increase is justified in view of the condition of the neighbor- hood and residences, He complained of the drainage, no sidewalks, and two-inch water line, He commented that some of the residents are on fixed incomes, some are elderly and cannot go to the Board of Equalization, and that such persons would have difficulty paying the taxes, City Manager Townsend advised Mr. Petty to either go to the Board of Equaliza- tion currently in session, contact the Legal Aid Society, or make a complaint in writing to the Board of Equalization. There being no further business to come before the Council, the meeting was adjourned at 6s35 p.m,, June 28, 1972,