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HomeMy WebLinkAboutMinutes City Council - 09/20/1972MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING September 20, 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 Assistant City Manager Archie Walker City Attorney James R. Riggs City Secretary T. Ray Kring • Mayor Ronnie Sizemore called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by The Reverend W. p. Kensing of Christ Lutheran Church, City Secretary T, Ray Kring called the roll of those in attendance. The Minutes of the Regular Council Meeting of September 6 at 3:00 p.m., and of the Special Meeting of September 6 at 4:30 p.m., 1972, were approved as presented to the Council, Mayor Sizemore proclaimed the week of September 25 through October 9, 1972, as GRAND OPENING OF THE ARTS AND CULTURAL SEASON, and proclaimed Friday, September 22, 1972, as HUNTING AND FISHING DAY. Motion by Branch, seconded by Bosquez and passed, that a resolution be brought forward amending Ordinance Ne. 10916, for revision of the Jobs for the Veterans Task Force Committee. The Resolution is as follows: RESOLUTION NO. 11083 AMENDING RESOLUTION NO. 10916, PASSED AND APPROVED BY THE CITY COUNCIL ON JUNE 14, 1972, BY AMENDING SECTION 2 THEREOF SO AS TO PROVIDE FOR NINE MEMBERS ON THE TASK FORCE REPRESENTING INDUSTRY, LABOR, BUSINESS, AND VETERANS ORGANIZATIONS, TO PRO, MOTE AND TO ENCOURAGE THE HIRING OF VETERANS AND TO COOPERATE WITH THE NATIONAL AND STATE JOBS FOR VETERANS CAMPAIGN; 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." Motion by Lozano, seconded by Gonzales and passed, that the following :appointed to the Jobs for Veterans Task Force Committee: Richard Durham (Bank- "'RE'M' Y (Texas Employment Commission); James Eaton (Building Trades Council, Executive Secretary); Ernest Carter (NAS Employee Committee); Henry Featherston (Reynolds, Board of Trade); John Bilano (SER); Amador Garcia (GI Forum); Robert Lyon (Past District Comdr. VFW); amd Eddie Ginn (Executive Committeeman, American Legion Post #364) . • • Minutes Regular Council Meeting September 20, 1972 Page 2 Mayor Sizemore announced the public hearing on the closing of a portion of the cul-de-sac located at the intersection of Baylark Drive and Sealane Drive in South Bay Addition 41. Assistant City Manager Walker presented the request stating it had been made by Urban Engineering, and that a metes and bounds description of the area involved is on file in the office of the City Secretary; that the request had been routinely circulated and reviewed by the affected City Departments and no objections had been interposed; and that it was the recommendation of the Staff that the area be closed as requested, No one appeared in opposition to the foregoing request. Motion by Banniwell, seconded by Branch and passed, that the hearing be closed. Motion by BQnniwell, seconded by Bosquez and passed, that the recommenda- tion of the Staff be concurred in and that the portion of the cul-de-sac located at the intersection of Baylark Drive and Sealane Drive in the South Bay Addition, described by metes and bounds on file in the office of the City Secretary, be closed as requested, and that an ordinance be brought forward effectuating the closing. Mayor Sizemore called for the City Manager's Reports. Assistant City Manager Archie Walker presented the following requests and recommendations: a. That bids be received on October 10, 1972, for a Heavy Duty Truck Tire Changer for new Service Center, for which funds are included in the 1972-73 Budget, b, That a contract be awarded to Flex -O -Lite, Austin, Texas, for the 1972-73 requirements of Traffic Striping Beads for their low bid of $3,339.90, on ;:*}.ich bids were received from three firms. The bid specifications have been revised from last year to obtain a brighter head and reflect a 29.958 decrease _:C,N last year, (Bid Tabulation 447-72) That tac recommendation of the insurance Advisory Committee and the Director of Finance that the City purchase $1,450,000 excess liability insuranc;. covering the operation of Wesley Seale Dam for a one-year policy expiring Septem- Minutes Regular Council Meeting September 20, 1972 Page 3 ber 24, 1973, be approved: Company Market Ins. Co., Chicago Mission Ins. Co., Los Angeles That to obtain the $1,000,000 es last year) the City has to increased coverage raises the • Coverage Premium let Excess $ 450,000 $1,318.90 2nd Excess 1,000,000 2,000.00 second excess coverage for $2,000.00 (the same cost increase the first excess coverage by $250,000. The total premium 8681.00 over the total premium for last year. California Union Ins. Co„ the present carrier of the $1,000,000 second excess coverage would not renew their policy without a premium increase of $1,037.73. Three companies submitted quotations. d. That construction of the State School Sanitary Sewer Pump Station and Force Main by Arnold Utility Contractors, Inc. be accepted as complete, that liquidated damages of $630,00 be retained for a time overrun of 14 working days at a rate of $45.00 per day, and thatfinal payment of $2,766.40 be made to the contractor. Total contract price is $30,860.23. e. That Sanitary Sewer Collectors and Mains for the Flour Bluff Area, Contract 2, as constructed by Maverick Construction Company, be accepted and final payment of $46,114,64 be authorised, the project having been completed in accord- ance with the plans and specifications, Line "T" has been deleted since service to the houses along N.A,S. Drive which this line was to serve can be provided by smaller extensions than those shown On the plans. Total contract price is $421,028.97, and is a joint project with the Department of Housing and Urban Development paying approximately 50% of the total cost. f, That the date of October 11, 1972, be set for a public hearing on the closing of an alley between Lot 1, Block 2, Temple Addition, Lot 1, Block 2, Crockett Heights, Lot 1, Block 1, San Diego Addition, Lot 1, Block 8, Casa Blanca Addition, on request of Mr, Jose A. 'Vanes. g. That 82,851.00 be appropriated out of the No. 291 Park Bond Fund applicable to Hillcrest Park fqr relocation payments to families displaced a$ a ,,sult of the construction of Hillcrest Park, with all expenditures made for relocation: pa.yments under this grant being 1007 reimburseable. h. That the budgeted staff of the Police Division be amended to substi- tute two Captains in Patrol for two Lieutenants, add a Captain in Technical • Minutes Regular Council Meeting September 20, 1972 Page 4 Services, and delete a Captain in Administration as of January 31, 1973, The change in Patrol will enable the establishment of two zones, rather than the three which now exist, and provide greater depth of supervision in each zone. The Chief plans additional changes which will increase flexibility of patrol assignments and provide more manpower during the hours of greatest need from 7 p,m, to 3 a.m. The Captain in Technical Services will be responsibile for the Miracode and other Central Records activities. (Item "h" considered separately - See subsequent motion) i. That the ordinance authorizing emergency ambulance permits be amended to require all ambulances operating under a City permit be required to install and maintain two-way radios from the police frequency. j. That the plans and specifications for the planting of 452 trees in seven parks be approved and authority to receive bids on October 18, 1972, be granted. Pueblo, The parks involved are Lexington, Schanen, Municipal Service Center, Elgin, Pine &/ T.C. Ayers Parking Lot. k. That $11,535 be appropriated put of No. 291 Park Bond Fund for acqui- sition of Parcel for Open Space Park Site #3, owned by g. N, Fulghum,and Paul Ramon, in Condemnation Cause No. 659, City of Corpus Christi vs. E. N. Fulghum, Jr., et al (for Award of Special Commissioners, Special Commissioners' fees, Appraiser's fee and court costs). 1. That the contract for the construction of the swimming pool at Green- wood Park be awarded to Emil Stefek for $394,544 and $415,000,00 be appropriated to cover the award of the contract plus architectural fees and related expenses, The award is subject to concurrence by the Department of Housing and Urban Develop- ment and is based on the base bid less all deductive alternates with the exception of Alternate No. 11 and Alternate No. 20. The deductive alternates not accepted include a number of items which Will not materially change the use of the swimming pool and include the sundeck, pay pad, sculptures, water castle, fountain system, flag pole, asphalt walks, retaining walls, etc. The alternates recommended are t_h'se which provide a boiler and::storage building for heating the pool and also for including the chlorine purification system instead of a bromine system. m. That the City Manager be authorized to enter into a contract with Simon gisner and Associates to conduct a study of the Zoning Ordinance for a fee • Minutes Regular Council Meeting September 20, 1972 Page 5 pf $7,922,00, which study will review and recommend changes for updating the Zoning Ordinance with particular emphasis on the items outlined by the Zoning Advisory Committee, Planning Commission and City Staff. n. That the city Manager be authorized tp enter into a contract with the Redevelopment Assistance Center at the cost of $2,000 for the purpose of under- taking a study of the movement of families within the Corpus Christi housing market, as a supplement to the Community Renewal Program's housing study, o. That the composition of the Museum Advisory Board be revised to include 16 members through September 1, 1973, and 12 members thereafter; that the initial Beard include all of the members of the existing Advisory Board, all of the members of the Museum Board of Trustees, the President of the Museum Guild, and two representatives of Friends of the Museum; that after September 1, 1973, three of the members be nominated by the Board of Trustees of the Corpus Christi Independent School District, two by the Friends, one by the Guild, three by the Museum Advisory Board from those who have provided significant financial gifts and the remaining three by the City Council from the overall community. Motion by Gonzales, seconded by Branch and passed, that Item "h" relative to expansion of the Police Department, be withdrawn pending further information, and that it be brought forward for action two weeks hence. Mrs, J. A. O'Brien, representative of the Corpus Christi Museum Advisory Board, stated that since August 16, 1972, when she appeared before the Council relative to the re -organization of the Board, she had met with Mr. Kilgore and they had agreed that the recommendation of the City Manager was acceptable and urged its adoption as presented.. Motion by Bosquez, seconded by Stark and passed, that the City Manager's Reports, Items "a" through "o" (Item "h!' withdrawn), be accepted, and that the requests and recommendations be granted and approved as presented. ORDINANCE NO, 11084 T{1BD READING OB AN ORDINANCE CHANGING THE NAMES OF THE FOLLOWING STREETS IN THE 'L.'f OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; THE DESIGNATION OF "EAST SHORELINE BCi r".MED"' AND "WEST SHORELINE BOULEVARD" IS TO BE TERMINATED AND IN LIEU THEREOF, THESE THOROUGHRES WILL BE NAMED AS FOLLOWS: "NORTH SHORELINE BOULEVARD" (BOTH DIRECTIONS) FROM CARROLL STREET, SOUTH TO COOPER STREET; "SOUTH SHORELINE BOULEVARD" (BOTH DIRECTIONS) FROM COOPER STREET, SOUTH TO CRAIG STREET; • • Minutes Regular Council Meeting September 20, 1972 Page 6 AND DESIGNATING THE EAST AND WESTBOUND LANES WHICH CONNECT NORTH SHORELINE BOULEVARD TO I.H. 37 AND U.S. 181 EXPRESSWAY LANES AS: "I.H. 37 EXPRESSWAY" 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." QRDINANCE NO. 11085 THIRD READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE EXTENSION AGREEMENTS WITH THE FOLLOWING LESSEES, FOR THE RESPECTIVE FARM LEASES, ACCORDING TO THE TERMS OF THE RESPECTIVE ORIGINAL LEASES AND RENEWALS THEREOF, IF ANY, AS FOLLOWS: 1. J. N. Gillis, Tract 0, Airport; 2, W. A, Whitmire, Tract 8, Airport; 3, Kelly Ranch, Tract D, Airport; EXTENDING SAID LEASES FORA FIVE (5) YEAR TERM, WHICH TERM SHALL IN ALL CASES BEGIN AUGUST 15, 1972, AND END AUGUST 15, 1977. 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." ORDINANCE NO. 11086 THIRD READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE AGREEMENTS WITH PAT McDONOUGR, JR., COVERING THREE TRACTS OF LAND LOCATED AT INTERNATIONAL AIRPORT, DESIGNATED AS TRACT 3, CONTAINING APPROXIMATELY 69.682 ACRES, TRACT A, CONTAINING APPROXIMATELY 260 ACRES AND TRACT B, CONTAINING APPROXIMATELY 107 ACRES, TO BE USED FOR FARMING AND AGRICULTURAL PURPOSES, FOR A TERM OF FIVE (5) YEARS, BEGINNING AUGUST 16, 1972, AND EXTENDING TO AUGUST 15, 1977, COPIES OF SAID LEASE AGREEMENTS BEING ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES, 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." ORDINANCE NO. 11087 THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH THE SOUTHSIDE LITTLE MISSES KICKBALL LEAGUE, LEASING TO THE SAID SOIJTHSIDE LITTLE MISSES KICKBALL LEAGUE A 7.08 ACRE TRACT OF LAND KNOWN AS THE ANDERSON PIT, LOCATED ALONG THE 4200 BLOCK OF McARDLE ROAD AND FURTHER DESCRIBED HEREIN, FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A PUBLIC RECREATIONAL AREA, A COPY OF WHICH AGREEMENT IS 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," • • Minutes Regular Council Meeting September 20, 1972 page 7 SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE EXTENSION AGREEMENT WITH W. E. BRANDESKY FORA FARM LEASE OF A 45.9 ACRE TRACT OF LAND AT THE WESTSIDE SEWER PLANT, THE ORIGINAL LEASE AUTHORIZED BY ORDINANCE NO, 8633, DATED OCTOBER 25, 1967; EXTENDING SAID LEASE FOR A FIVE (5) YEAR TERM, WHICH TERM SHALL BEGIN AUGUST 15, 1972, AND END AUGUST 15, 1977. The foregoing ordinance was read for the second time and passed to its third reading by the following vote; Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Ayg." ORDINANCE NO. 11088 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE REDEVELOPMENT ASSISTANCE CENTER, INC., IN ACCORDANCE WITH THE ATTACHED EXHIBIT "A" WHICH IS INCORPORATED HEREIN, FOR THE PURPOSE OF CONDUCTING A STUDY OF THE MOVEMENT OF HOUSEHOLDS WITHIN THE CORPUS CHRISTI HOUSING MARKET, FOR THE CARPUS CHRISTI COMMUNITY RENEWAL PROGRAM, FOR EVALUATION OF EXISTING AND POSSIBLE HOUSING PROGRAMS AND SERVICES; 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. 11089 APPROPRIATING $2,851 FROM THE NO. 291 PARK BOND FUND FOR PROJECT NO. 291-70-10.1, HILLCREST PARK, FOR RELOCATION PAYMENTS TO FAMILIES DISPLACED AS A RESULT OF THE CONSTRUCTION OF HILLCREST PARK, HUD PROJECT TEX-OSC-85(DL); AUTHORIZING THE CITY MANAGER OR THE DIRECTOR OF URBAN DEVELOPMENT TO APPROVE THE AFORESAID PAYMENTS; 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 N0. 11090 ESTABLISHING THE CORPUS CHRISTI MUSEUM ADVISORY BOARD, SETTING FORTH THE COMPOSI- TION OF ITS MEMBERS AND DESIGNATING TERMS, DEFINING ITS FIELD OF ACTIVITY AND SETTING FORTH RELATED MATTERS; REPEALING ORDINANCES IN CONFLICT, AND SPECIFICALLY ORDINANCE N0. 8407 PASSED AND APPROVED BY THE CITY COUNCIL ON APRIL 5, 1967; 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, 11091 4UT10R1%.T.N; THE CITY MANAGER TQ ENTER INTO A CONTRACT WITH McCAUGHAN & ETHERIDGE, CONSULTING ENGINEERS, FOR THE PURPOSE OF CONDUCTING A SILT SURVEY OF LAKE CORPUS CHRISTI, ALL AS IS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH? TF- ATTACHED FATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting September 20, 1972 Page 8 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote; Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye." ORDINANCE NO. 11092 APPROPRIATING OUT OF NO. 291 PARK BOND FUND THE SUM OF $11,185 FOR AWARD OF SPECIAL COMMISSIONERS, FEES FOR SPECIAL C0FUSSIONERS, APPRAISAL COSTS, COURT COSTS AND COSTS INCIDENTAL TO ACQUISITION OF PARCEL25-A, BAYFRONT OPEN SPACE PARK SITE #3 PROJECT NO. 291-70-8; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote; Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye." FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE 1958, AS AMENDED, BY AMENDING SECTION 19D -4(d) S0 AS TO REQUIRE INSTALLATION OF A TWO-WAY RADIO IN EACH EMERGENCY AMBULANCE; PROVIDING FOR SEVERANCE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye." ORDINANCE NO. 11093 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 EUGENE LEE BRAWN, JR., M.D. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LATS 20, 21, 22, & 23, BLOCK 7, KOOLSIDE ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES INCONFLICT 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. 1109.4 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 ROY LAY, JR. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 35 THRU 44, BL0Ci{ i6, 'LOUR BLUFF PARK SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, :III "P, -1B" ONE -FAMILY DWELLING DISTRICT TO "R=2""TWO-FAMILY DWELLING DISTRICT; XEi _LG IN IFFECT ALI 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 ;ays pass.: by the following vote: Sizemore, Bonniwell., Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye." Minutes Regular Council Meeting, September 20, 1972 Page 9 ORDINANCE NO. 11095 • 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 ROY LAY, JR., BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 49 & 50, BLOCK 8, FLOUR BT;eFF PARK, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "_7.-1B" ONE -FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. 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. 11096 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH EMIL STEFEK FOR THE CONSTRUC- TION OF A SWIMMING POOL FOR GREENWOOD PARK, H.U.D. PROJECT NO. OSL-TX-06-59-1005; APPROPRIATING OUT OF THE NO. 291 PARK BOND FUND $41$,000 OF WHICH $394,544 IS FOR THE CONSTRUCTION CONTRACT AND $20,456 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO. 291-70-9; 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, Mr. Michael Kendrick, attorney representing Mr. John L, Tompkins Company, appeared relative to his request of last week that the City abandon to Mr. Tompkins all or part of an undeveloped tract of land in Highway Village Park, He explained that his client had originally asked for the entire park on the basis that under the terms of the agreement when it was dedicated it was to be developed by the City within_ ten years or revert to the grantor and that this period had expired several years ago, but as a compromise offer had suggested that the City award an area 75 feet deep and 250 feet wide which would enable Mr. Tompkins to proceed with the sale of the property for which he has an offer. He stated that as a further ,;omptomise he had advised the City Attorney this morning that his client wo,. d. ,_e for a 53 -foot depth which he feels is more than reasonable, and suggested 0 -at the Coun,,I. .a.'ke s -:,me action now, or within. Ole Herr few days, to either settle on the basis of that offer, or a law suit would be filed, and in that even . the entire tract would be claimed, and also damages to compensate loss of the sale, Mr, Kendrick stated they do not want to file a law suit but that they are • Minutes Regular Council Meeting September 20, 1972 Page 10 faced with a dilemma which must be resolved as soen as possible. He stated he feels the Park Board's recommendation that the matter be settled in court indicated they did not have the complete picture of his client's position. City Attorney Riggs stated he would prepare an opinion within a few days. He stated there appears to be reasonable doubt as !to the City's title, and if the City does not have legal title to this tract, then the offer made by Mr. Kendrick on behalf of his client, seems to be reasonable. Mayor Pro Tem Ronniwell stated he feels that if there is reasonable doubt that the City does not have title to the land, then the City should award Mr. Tompkins the 75' depth he originally requested. Mayor Sizemore assured Mr. Kendrick that the matter would be on next week's agenda for disposition. dated September 13, 1972, Mayor Sizemore read a letter/from Mayor '.Joseph J, Nasser of the City of Corning, New York, and asked that it be made a part of the official minuted as requested by Mayor Nasser. The letter is as follows: (Council Exhibit #8-72) "Hon. Ronnie Sizemore Mayor of Corpus Christi Corpus Christi, Texas 78408 "I wish to express my appreciation to you and your colleagues for taking your time to come to the Corning area and meet with me and the rest of the officials in conferences describing your experiences during the disasters that Corpus Christi has suffered. "To say that your visit was appreciated and was very helpful is an understatement. To know that you and your colleagues came such a long distance to give us some hope and encouragement and advice gave me and, 1 am sure, the other officials and the people of our area, a warm glow inside, for your visit was not a short one nor from a nearby area. "You and your colleagues extended the hand of friendship practically from the southern part of the United States to the stricken area of the northern part of the United States and we both found that we were the same people with the same problems, the same thoughts, the same ideas. It gave us all an opportunity, 1 am sure, to get to know each other better and to learn from each other and to realize that no matter what part of the country an individual may be from, the people of the various area have sympathy and com- passion for their fellow citizens and are somewhat similar in great many respects. „c:„id you please convey to the officials who came with you my deep personal thanks, the personal thanks of the people of the Corning area, the Common Council of the City of Corning, and other public officials. ., Minutes Regular Council Meeting September 20, 1972 Page 11 "Would you please read this letter at your Council meeting, and I would appreciate it very much if you wound make it a part of the minutes of your Council meeting so that history may record your grand deed. Gratefully yours, Joseph J. Nasser Mayor of the City of Corning" • There being no further business to come before the Council, the meeting was adjourned at 3;40 p.m., September 20, 1972.