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HomeMy WebLinkAboutMinutes City Council - 08/09/1972• MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING August 9, 1972 3:00 P. M. PRESENT: Mayor Pro Tem Chas. A. Bonniwel I 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 Pro Tem BonniwelI called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by The Reverend Ralph Payne, Pastor of Bay Shore Evangelical Free Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Branch, seconded by Lozano and passed, that the absence of Mayor Sizemore be excused for just cause. The Minutes of the Regular Meeting of July 26, 1972, and subsequent recessed meetings of July 31, at 10:00 a.m., 12:00 Noon, and 5:00 p.m., were approved as sub- mitted to the Council. Mayor Pro Tem BonniwelI proclaimed the week of August 8 through 17, 1972, as YOKOSUKA DAYS in the City in recognition of the Japanese Exchange Students arriving tomorrow, the proclamation to be presented at the Mayor's reception August 10, at Holiday Emerald Cove. Dr. Hector Garcia, Founder American G.I.Forum, appeared as spokesman for a delegation of concerned citizens in certain school areas and requested that the City Fire Department and Health Department inspect Zavala, South Gate, Fannin, Sam Houston, Alien and Travis Schools far possible fire and health hazards. He presented two documents which he stated are proof that poor conditions have existed for many years: (1) report from the Department of /Health, Education and Welfare, dated October 21, 1968, which reported that facilities in the predominately Anglo areas are superior to that of the Mexican American schools; and (2) report of State Department of Health, dated June 29, 1971, which points out definite fire and health inadequacies. Dr. Garcia stated that more Mexican -American schools utilize portable classrooms; that space heaters without thermo- stats or vents are in use in many instances; poor lighting; lack of screening against insects; a • Minutes Regular Council Meeting August 9, 1972 Page 2 water fountains should be replaced; storage rooms filled with litter; broken glass from Hurricane damage; and lack of sanitation in kitchens and cafeterias because of old and worn walls and floors; and faulty fire extinguishers. Dr. Garcia stated they had received no satisfaction from the Corpus Christi School District after repeated requests for reports and factual informa- tion. He stated they feel this request is serious and urgent because of the potential danger to the lives of the school children, and that the recent fire at Austin School had increased this concern, He asked that the City Staff make the inspections requested so the School Board con make the proper guarantee to protect the health and life by 1972 standards, and that this be done by August 24 when schools open for the fall term. He asked that the City Council join him in pointing out these inadequacies and hazards to the community. Others present in support of Dr. Garcia°s statements were: Ralph Saenz, 11!, John Saenz, Rafael Saenz, Jr., and Mrs. Angelica L. Saenz, all of Corpus Christi Academy; Mrs. Mary P. Flores, South Gate; Sara Maria V. Hinojosa; Felix Garcia, South Gate; Lillie Lira, Austin Coordinator; Lucio Garcia, Zavala Coordinator; Mrs. Aleala, Zavala; Mrs, Luis Merino, Zavala; Mrs. J. E. Perales, Travis; Mrs. Agnes Horn, Travis; Emanuel Saldana, and Dr. Cleo Garcia. (Council Exhibit #7-72) Mr. Emanuel P. Saldana, head of Eccion Mexicana, 4201 Greengrove Drive, stated information on the condition of westside schools was refused by a school board member, Dr. Albright, to a Department of Justice investigator, and that the refusal was made in his presence. He stated they have exhausted al! available means to get the School Board to respond to their requests with no results. City Manager Townsend stated inspections had been made within the last year of all the schools, including those named, but pointed out that the City can only address itself to insuring that such things as electrical wiring is adequate, fire extinguishers operable, hoses in good repair, and fire alarm drills are carried out. He stated the City cannot make determinations that the buildings are unsuitable because they are of a certain type of construction or do not meet current codes, but that any new or substantial altera- tions would have to meet current codes. Mayor Pro Tem Bonniwell stated his personal feelings were that the City Council had gone out of its way to work hand in hand with the School District and • Minutes Regular Council Meeting August 9, 1972 Page 3 County and that he did not feel it was the Council's responsibility or function to make o value judgment of the operation of the School System, Commissioner Branch stated he felt it was the Council's responsibility to check hazardous conditions if they exist and brought up to 1972 standards. City Manager Townsend stated the Fire Marshall and the Health Inspectors will be asked to check the six schools mentioned within the scope of the City Codes and that a report will be made to the Council by August 23. Mayor Pro Tem Bonniwell invited representatives of the School District and Dr. Garcia to be present if they so desired when the City Manager's report is submitted. Mayor Pro Tem Bonniwell called for the opening of bids. Bids were opened and read by Director of Engineering Services, James K. Lontas, on Museum Area Landscaping Improvements, General Contract and Alternate #1, from the following firms: Landscaping - Currie Seed Company; Shirley Brothers General Contractors; and Turner Landscape, Inc.; General Contract - R. S. Black. The foregoing bids were tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation, City Manager Townsend presented the following requests and recommendations: a. That the bid award on Fireman's Uniforms for FY 1972-73 be made to Creighton Shirt Co., Inc., Reidsville, N. C., in the amount of $13,325.00 - bids received from 2 firms. Prices show an increase of 14.9%. (Bid Tabulation #29-72). b. That the contract be awarded to Famous Department Store, Corpus Christi, Texas, in the amount of $27,619.78 for the City's 1972-73 requirements of Police, School Crossing Guard and Bus Driver Uniforms on the basis of low bid meeting specifica- tions. The low bid submitted by Kaufman Uniform Company of San Antonio on Lots I & 111 did not meet City's specifications which required that the supplier maintain a like business in the City of Corpus Christi; the second low bid on all Lots as subriiitted by Sears, Roebuck & Co., did not meet specifications as samples were not furnished as. required in bid invitation. Bids were received from three firms - prices show a decrease of .63%. (Bid Tabulation #30-72) Minutes Regular Council Meeting August 9, 1972 Page 4 c. That bid award for the City's 1972-73 requirements of Pipe Repair Clamps, Couplings, and Adapters be made to the following firms on the basis of low bid meeting specifications: Perry Shankle Company, San Antonio, Texas - (Lots I & III) The Rohan Company, San Antonio, Texas - (Lot II) The Dresser Mft. Div., Bradford, Pa. - (Lots IV & V) Mueller Company, Decatur, 111, - (Lot VI) $23,991.33 3,569.19 10,720.25 96.10 TOTAL $38,376.87 The full circle clamps quoted an Lot I by the Mueller Company did not meet specifications as they are 3 to 6 inches shorter than called for in our specifications. Bids were received from twelve firms, and prices reflect an increase of approximately 4.5% from 1971-72. (Bid Tabulation #31-72) d. That bid award for the City's 1972-73 requirements of Pool Treating Chemi- cats be made to the following firms on the basis of low bid meeting specifications: Clear -Way Chemical Co., Corpus Christi - (Item 1) Dynamic Chemicals International, Corpus Christi -- (Items 2, 3, 4, & 5) TOTAL $ 3,180.00 5,629.70 $ 8,809.70 The low bid submitted by McKesson Chemical Company on Items 4 & 5 were quoted FOB their warehouse dock, whereas our bid specifications call for material to be delivered to our specified delivery points. Bids were received from four firms, and the prices reflect a decrease of approximately 5.6% from 1971-72. (Bid Tabulation #32-72) e. That contracts be awarded to the following firms on the basis of low bid to furnish the City's 1972-73 requirements, as follows: (Bid Tabulation #33-72) Clow Corp. - Eddy -Iowa Div., Houston - (M.J,Gate Valves, Lots I & II) Phoenix Supply Div., Corpus Christi - (Black & Galy, Steel Pipe) Kleen-Air Filter Service, Corpus Christi - (Air Conditioning Filter Service) Electrotex, Corpus Christi - (Radio Tubes) South Texas Materials Co., Corpus Christi - (Ready -Mix Concrete) McAllen Pipe & Supply Co., Inc., Corpus Christi - (Plastic Pipe & Fittings) Texas Industries, Inc., Corpus Christi - (reinforced Concrete Pipe) $ 36,230.84 11,450,48 1,564.80 2,638.80 27,083.80 10,895.41 12,600.00 • • Minutes Regular Council Meeting August 9, 1972 Page 5 W. S. Dickey Clay Mfg. Co., San Antonio - (Sewer Tile & Fittings) Builders Supply Co., Corpus Christi - (Polyethylene Plastic) Armor -Cote Corporation, Corpus Christi - (Pipeline Primer, Enamel and Felt) Vulcan Signs & Stampings, Inc., Foley, Ala. (Street Sign Blanks, Lots I & II) Bruno Kaiser Corp., New York, N.Y. - (Street Sweeper Broom Materials, Lot I) Jenkins Equipment Co., Dexter, Michigan - (Street Sweeper Broom Materials, Lot II) Hollis Neese Auto Parts, Corpus Christi - (Sparkplugs, Oil & Fuel Filters, Lot I) The Motor Parts Co., Corpus Christi (Sparkplugs, Oil & Fuel, Filters, Lot II) Moore Business Forms, Inc., Corpus Christi - (Standard Stock Forms) Tyler Pipe Industries, Inc., Tyler, Texas - (M. J. Cast Iron or Ductile Iron Fittings, Lot I) Western Pipe & Supply Co., Conroe, Texas - (M.J.Cast Iron or Ductile Iron Fittings, Lots II & Ill) K. T. Snyder Co., Inc., Houston (Ram-Nek Flexible Plastic Gaskets) Delta Sanitation Service, Corpus Christi - (Trash Disposal Service) Data Documents, Inc., Houston, Texas - (Data Processing Cards, Lot I) Moore Business Forms, Inc., Corpus Christi - (Data Processing Cards, Lot II) T OTAL $ 32,237.99 874.00 3,260.80 7,854.70 1,687.50 1,560.00 7,082.23 4,450.00 4,740.70 41,422.20 47,832.75 4,534.08 2,610.00 5,665.14 4,937.50 $273,213.72 Bids were received from eighty-two firms. f. That the City enter into a Lease Agreement with the Gulf Coast Humane Society for use of the building and facilities presently being used as an animal pound, including dog run areas and office areas, for five years for a monthly payment of $350, with a 5 -year renewal option with a rent increase based on a cost of living factor. g. That Section 5-1 of the City Code be revised to redefine "Vicious Dog" as fol lows: "Vicious Dog. The term 'vicious dog' shall mean any dog that bites or scratches or attacks any other animal or any person or exhibits vicious propensities to any animal or person within the City limits." The present definition, "a dog which demonstrates propensities toward savagery, fierceness, or ferociousness regarding other animals or biting of human beings" has been found to be difficult to enforce and vague. h. That Chapter V, Article III of the City Code be amended to add a provision • Minutes Regular Council Meeting August 9, 1972 Page 6 for issuance of notices (citations) to the owners or keepers of dogs in addition to or in lieu of the present provisions of impounding a dog which is allowed to run at large, has not been immunized against rabies, or licensed. The present provision is only for the impoundment of an animal. i. That Chapter V, Article IV, of the City Code (Animals and Fowls) be amended to provide increased authority for Animal Control Officers to enable the Animal Control Division to pick up animals involved in bite cases by making the refusal to tum over such animals a misdemeanor, punishable by a fine of not less than $100, and not more than $200, the owners to continue to have the option of placing the animal in an approved veterinary hospital. j. That the contract with B & E Construction Company for construction of the Corpus Christi International Airport, Phase II, Runway Improvements, be accepted as complete and that final payment of $165,714.27 less $7,000.00 for liquidated damages, be authorized, and an appropriation of $95, 188.60 to supplement previous appropriations for the contract, be approved; also execution of Change Order No. 4 and final reconcil- ing all project quantities as required by Federal Aviation Administration, be authorized. k. That the Platting Ordinance be amended to require the submission of preliminary plats to the Planning Department by 12:00 Noon seven days prior to any meeting at which a plat is to be considered and to increase the required number of copies for the City Departments' review and comment prior to consideration by the Plats Committee. I. That the standards for screening fences required by the zoning ordinance be revised by adopting an improved design which will increase the wind load capacity and also reduce the cost of construction approximately 10%. m, That condemnation proceedings be filed by the City of Corpus Christi for the acquisition of 3 parcels of land all in Block 5, Gardendale No, 2, needed in con- nection with South Staples Street Improvements from Padre Island Drive to Saratoga; parcel No. 8 being a portion of Lot 16, owned by Janet Frank; Parcel No. 9 being a portion of 1.ot 17 owned by Reichart Grocery Company, and Parcel No. 10 being a Minutes Regular Council Meeting August 9, 1972 Page 7 portion of Lot 18, owned by Dorothy Sanches. n. That the firm of Bath and Associates, Consulting Engineers, be authorized to proceed with the design phase for the installation of the air conditioning equipment and communications equipment in the Police Building, and an appropriation in the amount of $7,300.00 to cover total cost, be approved. Funds have been approved in the 1972-73 budget. P. 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 the Assessment Roll be adopted with the following changes: (1) The assessment on Seaside Memorial Park be reduced from $16,445.71 to $4,144.31 with the condition that the differ- ence be paid to the City if the land use changes or access is provided from Airline Road (Owners hove agreed under separate ogreement to this recommendation.) (2) P. including: (1) (2) (3) (4) (5) (6) The assessment for South Shore Christian Church be reduced to $1,023.36 to recognize that the church sides onto Airline Road. That the public hearing on assessments for Richter Area Street Improvements Richter Street, from South Padre Island Drive to a point 558.6'+ beyond Sokol Road or from South Padre Island for approximately 2,4301 to include the N/W 98' of Lot 1, Block 2, Southland Estates; Johanna Street, from Richter Street to Ayers Street; Milo Street, from Richter Street to Ayers Street; Sacky Drive, from Richter Street to Ayers Street; Sokol Drive, from Richter Street to Kostoryz Road; and Hygeia Street, from Ayers Street to Municipal Service Center Road or from the Center line of Ayers Street southeastwardly for a dis- tance of approximately 763.7'. held August 2, 1972, be closed, and that the Assessment Roll as revised by the Department of Engineering Services, be adopted. q. That the contract for Richter Area Street Improvements be awarded to the low bidder, Heldenfels Brothers, and that $393,000.00 be appropriated, including $374,090.31 for the construction contract and $18,909.69 for contingencies and inci- dental expenses. r. (Considered separately) Mr. Townsend stated that a request had been made by Mr. Roy Lay, Jr., that his zoning case for change from "R -1B" to "R-2" located on • Minutes Regular Council Meeting August 9, 1972 Page 8 the west side of Greenbay Drive, north of South Padre Island Drive, set for August 30, be reset to September 6. Mr. Lay advises that he will be out of the City on the date the case was scheduled to be heard and desires to be present for the hearing. Mr. Townsend explained it is his feeling that to grant the request would set a precedent for future cases could result in problems. s. That lease agreements with the following lessees be extended for five-year terms: Lessee Description Acreage Income Terms (1) J. N. Gillis Tract C, Airport 218 $ 9,018.10 1/4 &1/3 with $1,7A9.22 Guarantee (2) W. A. Whitmire Tract E, Airport 339 19, 115.27 1/4 & 1/3 (3) Kelly Ranch Tract D, Airport 149 15,728.55 1/4 & 1/3 (4) Pat McDonough Tract 3, Airport 70 2,886.97 1/4 & 1/3 t. Thot the public hearing regarding the closing of Parkdale Drive from Everhart to Staples subject to the dedication of right-of-way for South Staples and for a right turn lane from Everhart to Staples, set for August 16, 1972, be reset for August 23, 1972. Motion by Lozano, seconded by Gonzales and passed, with Bonniwell disgwli- fying himself on Item "o", Bonniwell, Bosquez and Branch, voting "Nay'' on Item "r", that the City Manager's Reports, Items "a" through "t", "r" excepted, be accepted and that the requests and recommendations be granted and approved as presented. Mayor Pro Tem Bonniwell declared that Item "r" had failed to pass for lack of sufficient affirmative votes, and the zoning application of Mr. Roy Lay, Jr., remain scheduled for August 30, 1972. City Manager Townsend presented the pending item relative to the Text Amendment to the Zoning Ordinance to remove from the Board of Adjustment the authority to allow required parking to extend into "R -1B" districts. He explained that the Council held a public hearing on March 1, 1972, the hearing recessed, closed, and approved on March 29, 1972; that the Chairman of the Planning Commission and the Chairman of the Board of Adjustment appeared before the City Council at workshop meeting on May 3, 1972, and action on the ordinance was deferred for additional discussion with the Board • Minutes Regular Council Meeting August 9, 1972 Page 9 and Commission. Motion by Branch, seconded by Gonzales, Lozano voting "Nay", that the recommendation of the Planning Commission be concurred in and that Article 29, The Board of Adjustment, Section 29-3, Special Use Exceptions, be amended, deleting in their entirety Subsections 29-3.11, 29-3.13, 29-3.15 and renumbering Subsections 29-3.12, 29-3.14, 29-3.16 and 29-3.17 to Subsections 29-3.11 through 29-3.14 consecutively and that an ordinance be brought forward effectuating the change. SECOND READING QF AN ORDINANCE AMENDING SECTION 21-68 OF THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY AMENDING THE SPEED LIMITS ON MUNICIPAL AIRPORT ENTRANCE ROAD, FROM THE SOUTH RIGHT OF WAY LINE OF AGNES STREET (S. H.44) TO A POINT 2700 FEET SOUTH, BY INCREASING THE SAME TO 40 MILES PER HOUR; AMENDING SECTION 21-69 OF THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY ADDING AN ITEM THERETO SO AS TO DECREASE THE SPEED ON A PORTION OF MUNICIPAL AIRPORT ENTRANCE ROAD, FROM A POINT 350 FEET WEST OF THE AIRPORT TERMINAL TO A POINT 350 FEET EAST OF THE AIRPORT TERMINAL, TO 20 MILES PER HOUR AT ALL TIMES; PROVIDING FOR PUBLICATION; PROVIDING SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye"; Sizemore was absent. FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NO. 8397, PASSED AND APPROVED BY THE CITY COUNCIL ON MARCH 29, 1967, WHICH ORDINANCE ESTABLISHED THE STANDARDS FOR SCREENING FENCES IN THE CITY OF CORPUS CHRISTI, BY AMENDING PARAGRAPHS 2 AND 5 OF SAID ORDINANCE SO AS TO INCREASE DESIGN WIND LOAD CAPACITY TO 30 POUNDS PER SQUARE FOOT AND TO REDUCE THE COST OF THE STANDARD SCREENING FENCE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye"; Sizemore was absent. ORDINANCE NO. 11019 CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: 1. RICHTER STREET, FROM SOUTH PADRE ISLAND DRIVE TO A POINT 558.6'+ BEYOND SOKOL ROAD OR FROM SOUTH PADRE ISLAND DRIVE FOR APPROXI- MATELY 2,430' TO INCLUDE THE N/W 98' of LOT 1, BLOCK 2, SOUTHLAND ESTATES; 2. JOHANNA STREET, FROM RICHTER STREET TO AYERS STREET; 3. MILO STREET, FROM RICHTER STREET TO AYERS STREET; 4. SACKY DRIVE, FROM RICHTER STREET TO AYERS STREET; • Minutes Regular Council Meeting August 9, 1972 Page 10 5. SOKOL DRIVE, FROM RICHTER STREET TO KOSTORYZ ROAD; AND 6. HYGEIA STREET, FROM AYERS STREET TO MUNICIPAL SERVICE CENTER ROAD OR FROM THE CENTER LINE OF AYERS STREET SOUTHEASTWARDLY FOR A DISTANCE OF APPROXIMATELY 763.7'; AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED 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. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye"; Sizemore was absent. ORDINANCE NO. 11020 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS FOR THE CONSTRUCTION OF RICHTER AREA STREET IMPROVEMENTS; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $393,000 OF WHICH $374,090.31 IS FOR THE CONSTRUCTION CONTRACT AND $18,909.69 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES ALL APPLICABLE TO PROJECT NO. 220-67-92.6; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye"; Sizemore was absent. ORDINANCE NO. 11021 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BATH AND ASSOCIATES, CONSULTING ENGINEERS, FOR THE DESIGN OF AIR CONDITIONING FACILITIES FOR THE POLICE BUILDING, A COPY OF WHICH, MARKED EXHIBIT "A", IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING AND REAPPRO- PRIATING OUT OF THE NO. 102 GENERAL FUND, ACTIVITY 3327, CODE 502, $7,400 FOR THE ENGINEER'S FEE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye"; Sizemore was absent. ORDINANCE NO. 11022 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI 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 OTHER PARTIES WHO MAY HAVE INTEREST OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCEL NO. 8, PROJECT NO. 220-70-107, SOUTH STAPLES PADRE ISLAND DRIVE TO SARATOGA; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE OWNER JANET FRANK, A FEME SOLE, TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting August 9, 1972 Page 11 The Charter Rule was suspended and the foregoing ordinance was passed by the fallowing vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye"; Sizemore was absent. ORDINANCE NO. 11023 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI 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 LIENHOLDERS OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCEL NO. 9, SOUTH STAPLES - PADRE ISLAND DRIVE TO SARATOGA, PROJECT NO. 220-70-107; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE RECORD OWNERS REICHART GROCERY COMPANY, INC., ET AL, TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye"; Sizemore was absent. ORDINANCE NO. 11024 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI 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 LIENHOLDERS OF RECORD; SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCEL NO. 10, PROJECT NO. 220-70-107, SOUTH STAPLES PADRE ISLAND DRIVE TO SARATOGA; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE OWNERS, DOROTHY SANCHEZ, A WIDOW, REYNALDO M. SANCHEZ, MICHAEL J. SANCHEZ, AND ANTHONY J. SANCHEZ, TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye"; Sizemore was absent. ORDINANCE NO. 11025 PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A ROOM OCCUPANCY TAX; PROVIDING FOR CERTAIN EXEMPTIONS; PROVIDING FOR AN EFFECTIVE DATE; MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY A FINE NOT EXCEEDING $200.00 PROVIDING A SEVERANCE CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye"; Sizemore was absent. Minutes Regular Council Meeting August 9, 1972 Page 12 ORDINANCE NO. 11026 • 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, BY AMENDING ARTICLE 29, THE BOARD OF ADJUSTMENT, SECTION 29-3, SPECIAL USE EXCEPTIONS, BY DELETING IN THEIR ENTIRETY SUBSECTIONS 29-3.11 AND 29-3.15; RENUMBERING SUBSECTION 29-3.13 TO HEREAFTER BE DESIGNATED AS SUBSECTION 29-3.12 AND AMEND THE SAME BY INSERTING THE WORDS "WITHIN ANY PROFESSIONAL OFFICE, BUSINESS, OR INDUSTRIAL DISTRICT" AFTER THE WORDS "PARKING AREAS" IN THE SECOND LINE, AND BEFORE THE WORDS "AREA REQUIRED BY THE PARKING REGULATIONS OF THIS ORDINANCE"; RENUMBERING THE PRESENT SUBSECTION 29-3.12 TO 29-3.11, AND RENUMBERING THE PRESENT SUBSECTIONS 29-3.14, 29-3.16, AND 29-3.17 TO HEREAFTER BEAR THE NUMBERS OF SUBSECTIONS 29-3.13, 29-3,14 AND 29-3.15, CONSECUTIVELY; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDI- NANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye'; Sizemore was absent. ORDINANCE NO. 11027 APPROPRIATING OUT OF THE NO. 245 AIRPORT BOND FUND THE SUM OF $95,188.60 TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED FOR THE CONTRACT WITH B & E CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF CORPUS CHRISTI INTERNATIONAL AIRPORT, PHASE II, IMPROVEMENTS TO RUNWAY 13-31, PROJECT NO. 245-68-11.1; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye"; Sizemore was absent. ORDINANCE NO. 11028 CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: AIRLINE ROAD, FROM 300 FEET NORTH OF ALAMEDA STREET TO OCEAN DRIVE; AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED 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. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bosauez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye"; Bonniwell disqualified himself; Sizemore was absent. Minutes Regular Council Meeting August 9, 1972 Page 13 ORDINANCE NO. 11029 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT OF LEASE WITH THE GULF COAST HUMANE SOCIETY, INC. FOR A TERM OF FIVE YEARS, COMMENCING ON THE 1ST DAY OF SEPTEMBER, 1972, AND ENDING ON THE 31ST DAY OF AUGUST, 1977 UNDER THE TERMS AND CONDITIONS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A COPY OF WHICH, MARKED EXHIBIT "A", I5 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: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye"; Sizemore was absent. FIRST READING OF AN ORDINANCE AMENDING.THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY AMENDING CHAPTER 5, ARTICLE I, SECTION 5-1 THEREOF SO AS TO REDEFINE THE TERM "VICIOUS DOG"; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Bonniwell, Bosquez, Branch, Gonzales, and Lozano, present and voting "Aye"; Stark present and voting "Nay"; Sizemore was absent. FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, A5 AMENDED, BY AMENDING SECTION 5-51, ANIMALS AND FOWL; PRO- VIDING FOR IMPOUNDMENT AND OBSERVATION BY THE CITY VETERINARIAN OF ANIMALS SUFFERING FROM RABIES OR SUSPECTED OF RABIES; PROVIDING THAT NO ANIMAL THAT HAS RABIES OR SUSPECTED OF HAVING RABIES SHALL BE ALLOWED IN PUBLIC PLACES, EXCEPT AS EXPRESSLY PROVIDING HEREIN, PRO- VIDING THAT THE OWNER, KEEPER, OR PERSON IN CHARGE OF ANY ANIMAL THAT HAS RABIES, OR DISPLAYS THE SYMPTOMS THEREOF SHALL TURN OVER SUCH ANIMAL TO THE HUMANE OFFICER OR ANY POLICE OFFICER ON DEMAND; PRO- VIDING THAT A REFUSAL TO TURN OVER SUCH ANIMAL SHALL CONSTITUTE A MISDEMEANOR AND UPON CONVICTION BE PUNISHABLE BY A FINE OF NOT LESS THAN $100 NOR MORE THAN $200; PROVIDING FOR DISPOSAL OF ANIMALS THAT DIE OF RABIES; PROVIDING FOR A RECORD OF RABIES AND SUSPECTED RABIES TO BE KEPT BY THE CITY HEALTH OFFICER; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present andwvoting"Aye"; Sizemore was absent. FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY ADDING A NEW SECTION, TO BE NUMBERED SECTION 5-39, SO AS TO PROVIDE FOR ISSUING NOTICE TO OWNERS OR KEEPERS OF DOGS RUNNING AT LARGE, FOR LACK OF IMMUNIZATION, AND FOR LACK OF PROPER LICENSING; PROVIDING FOR PENALTY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and • Minutes Regular Council Meeting August 9, 1972 Page 14 Stark, present and voting "Aye"; Sizemore was absent. ORDINANCE NO, 11030 AMENDING THE PLATTING ORDINANCE, NO. 4168, AS AMENDED, BY AMENDING SUBSECTION B OF SECTION III, PROCEDURE AND PLAT REQUIREMENTS, SO AS TO REQUIRE SUBMISSION OF INFORMATION TO THE PLANNING DEPARTMENT BY SUBDIVIDERS NOT LATER THAN 12:00 NOON SEVEN DAYS PRIOR TO ANY MEETING AT WHICH PRELIMINARY PLAT IS TO BE CONSIDERED; AMENDING SUBSECTIONS B AND C, PARAGRAPHS 1 OF SECTION III OF THE PLATTING ORDINANCE, AS AMENDED, BY INCREASING THE REQUIRED NUMBER OF COPIES OF PLATS FROM NINE TO ELEVEN; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed 6y the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye"; Sizemore was absent. Mrs. Helen Williams, 4107 Carroll Lane, spoke in opposition to the Ordinance redefining "vicious dog", stating, dogs which are provoked should not be included in this classification and that the phrase "without just cause" should be added so the law would not apply to watchdogs. Mrs. Williams stated she feels citizens have the right to feel secure in their homes. She also complained of the condition of the streets, drainage facilities, and water pressure on Carroll Lane. Mrs. E. J. Moore, 2816 Moore, spoke in favor of the City's new efforts to control the animal problem in the City, stating that loose dogs in the Hillcrest area are a real problem, so much so that children have difficulty going to a corner grocery store. Mr. Townsend stated that the actions to operate the dog pound are a result of the concern of citizens and various groups who have come before the Council with problems related to the operation of the pound. As to the definition of a "vicious dog", he stated that as a practical matter, only the most severe cases would be filed because of the problem in winning convictions. Relative to the condition of Carroll Lane, he stated the water pressure and condition of the street would be investigated, but that street improvements would pro- bably require a petition from the property owners to give it more priority. City Manager Townsend requested, and was granted, a three-day vacation Minutes Regular Council Meeting August 9, 1972 Page 15 leave to begin Friday, August 11, through Tuesday, August 15. There being no further business to come before the Council, the meeting was adjourned at 41;30 p.m., August 9, 1972.