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HomeMy WebLinkAboutMinutes City Council - 01/03/1973MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING January 3, 1973 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 Mayor Pro Tem Chas. A. Bonniwell in the absence of the invited Guest Chaplain. City Secretary T. Ray Kring called the roll of those in attendance. Special guests of the Council were membersof the family of Mayor Pro Tem Bonniwell, and daughters, Kristin and Louise, on behalf of Mayor Pro Tem Bonniwell who participated in the New Year's Day Swim Pageant in the absence of Mayor Sizemore, humorously presented Mayor Sizemore with a "T" shirt with the words, "Super Chicken" imprinted on it. Mayor Sizemore formally delivered to Mr. Aalbert Heine, Director of the Corpus Christi Museum, the Replica of the Ship's Bell from the USNS Corpus Christi Bay, which was presented to the City Council December 20 by the Captain and Crew. In making the presen- tation, Mayor Sizemore stated it was felt the Museum was an appropriate place for display and storage of the Replica. Mayor Sizemore called for the City Manager's Reports. Motion by Stark, seconded by Lozano and passed, that the City Manager's Reports, Items "a" through "j" be accepted and that the requests and recommendations be granted and approved as follows: a. That the plans and specifications for the improvements to Horne Road from Columbia to MacArthur be approved and bids be received January 31, 1973. The plans include the reconstruction of the curb and widening the outside lane of Doddridge between Staples and Alameda at the curb; the Horne Rood project provides for the construction of curb, gutter, sidewalk, driveways and pavement for a width of 61' from curb to curb; and the work will 6e so scheduled that it will not conflict with the detours for Greenwood and West Point Road improvements. • • Minutes Regular Council Meeting, January 3, 1973 Page 2 b. That Parking Meters be installed on the west side of South Alameda in the 1600 Block to encourage parking space turnover and permit better enforcement. Businessmen hove complained of all -day parking at the curb. Letters were sent to each business informing them of this proposal; a discussion was held at the December Traffic Safety Advisory Board Meeting, and the Board recommended that parking meters be installed in front of 1647, 1649, 1651, 1657 and 1667 South Alameda. c. That Lexington Avenue be mode one way north bound between Leopard Street and I.H. 37 East Bound Frontage Road. The Citizen's State Bank has purchased a tract of pro- perty east of Lexington Avenue and are now developing drive-in bank windows on the property. The one-way operation was requested by the bank to provide adequate traffic circulation and to eliminate congestion at Lexington Avenue and Leopard Street; and the Traffic Safety Advisory Board concurs in the recommendation. d. That a revocable easement be granted to the Corpus Christi Cathedral for the installation of three lighting standards on City right-of-way, for the purpose of illuminating the face of the Cathedral. e. That the City Council pass a resolution accepting the provisions of Highway Commission Minute Order No. 66985 which provides for illuminating the Intracoastal water- way bridge and approaches. f. That the City Manager be authorized to execute an agreement with the Highway Department for the construction, maintenance and operation of a roadway illumination system on the Intracoastal Waterway Bridge and approaches at an estimated cost of $28,000 to be shared with the State on a 50-50 basis. The cost of operation which is $84.00 per month plus maintenance and repairs will also be shared with the state on a 50-50 basis. g. That a Supplemental Agreement with Central Power & Light Company be approved for the operation and maintenance of a roadway illumination system on the Intracoastal Waterway Bridge and approaches. h. That an 8 -foot easement along the west side of Lots 8 and 9, Barthlome Acres Tract be abandoned - the affected City Departments are in agreement with the abandonment. i. That the City Manager be granted authority to apply for State Assistance to Minutes Regular Council Meeting January 3, 1973 Page 3 provide improved signalization at the intersections of Alameda -Ayers -Staples at Six Points. The City is eligible to receive approximately $6,000 from the Texas Traffic Safety Adminis- tration for this project. j. That bids be received at 11:00 a.m. Tuesday, January 23, 1973, for the pur- chase of Traffic Control Equipment to signalize Six Points, and Leopard near Coke Street, at an estimated cost of $12,840.00, with $6,000 to be paid by the State and the remaining from Bond Funds. City Manager Townsend reviewed proposed ordinances including third and final reading for adoption of the Southern Standard Plumbing Code, 1971 Edition and 1972 Revisions, and Southern Standard Gas Code, 1969 Edition and 1972 Revisions. Mr. Clifford Cosgrove, 3302 Olsen, made a renewed protest against the adoption of the new plumbing code, stating it allows for expanded use of plastic pipe for drains, vents and wastewater, and that the material will not withstand pressures of heat, certain chemicals, and can be chewed by rodents. He stated plastic pipe can be installed by any amateur with a minimum of tools and that anybody can become his own plumber. , shr He stated the joints are connected by a poisonous glue which is dangerous without adequate ventilation and requires 24 hours to dry. He alleged that pressure had been put on the Council by dealers in plastics and it was for the promotion of the plumbers' industry. Mr. Cosgrove stated he had installed plastic pipe in his own property and had had to replace it with copper pipe. He stated he had not been able to get the Plumbing Board together for a meeting on this subject and that he had not attended the Council meeting when the ordinance was read for the second time because he was not informed that it was on the agenda. City Manager Townsend explained that the provisions of the ordinance are to require minimum standards and that the concern of the Council at this time is not whether or not the material costs less to purchase or install, and on questioning Mr. Cosgrove, determined that his major concern of .the plastic pipe was (I) cracking and sagging; (2) column strength; and (3) can be destroyed by rodents. • • Minutes Regular Council Meeting January 3, 1973 Page 4 Mr. Fred Youngman, Chief Plumbing Inspector of the City, and Mr. Bill Hennings, Building Official, were present and endorsed the plastic pipe, stating it had been proven reliable. Mr. Youngman reported a statement from Mr. Tom Dildy, Chairman of the Plumbing Advisory Board was to the effect that the Board saw no need for a meeting since they had al- ready approved the adoption of the Plumbing Code as proposed. Mr. Ron Goodman, representative of Gentry Plumbing Company, and Mr. T. E. McDonald, Master Plumber, spoke in support of the use of plastic pipe.and adoption of the Code as proposed. Mr. McDonald explained that he had previously opposed the use of Plastic pipe but had since that time done more extensive research and found that this material is generally accepted throughout the State and had been proven reliable. He stated he had used plastic pipe for the past two or three years and had found no cracking or rodent marks. He pointed out that the plastic pipe is a step toward progress and is acceptable because of the high cost of other materials and shortage of labor. He stated present day construction of walls will not all accommodate cast iron pipe. ORDINANCE NO. 11238 ADOPTING THE SOUTHERN STANDARD PLUMBING CODE, 1971 EDITION AND THE 1972 REVISION THERETO, AND THE SOUTHERN STANDARD GAS CODE, 1969 EDITION AND THE 1972 REVISION THERETO, FOR THE REGULATION OF THE INSTALLATION, ALTERATIONS, REPAIRS, REPLACEMENT, EQUIPMENT (INCLUDING APPLIANCES), FIXTURES, FITTINGS AND/OR APPURTENANCES THERETO OF PLUMBING AND GAS PIPE AND APPLIANCE FITTINGS, BOTH EXISTING AND NEW, AND ALL PARTS THEREOF, INCLUDING EVERY CONNECTION TO THE WATER OR SEWERAGE SYS- TEM OF THE CITY, AND EVERY CONNECTION TO A GAS SUPPLY SYSTEM, WITH CERTAIN CHANGES THEREIN AND ADDITIONS THERETO; PROVIDING FOR ADMIN- ISTRATION AND ENFORCEMENT; MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT EXCEEDING $200; PROVIDING FOR PUBLICATION BY NOTICE; PROVIDING A SAVINGS CLAUSE; AND REPEALING ORDINANCES 9057 AND 9624. 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. 11239 THIRD READING OF AN ORDINANCE ADOPTING THE FIRE PREVENTION CODE, 1970 EDITION, PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, A COPY OF WHICH, AUTHENTI- CATED BY THE SIGNATURES OF THE MAYOR AND CITY SECRETARY, AND MADE A PUBLIC RECORD BY THIS ORDINANCE OF THE CITY COUNCIL, IS ON FILE IN THE • Minutes Regular Council Meeting January 3, 1973 Page 5 CITY SECRETARY'S OFFICE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION. The foregoing ordinance was. read for the third time and passed finally by the following vote: Sizemore, BonniweIl, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO, 11240 THIRD READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH CURRAN L. GARRETT FOR THE LEASING OF A TRACT OF LAND OUT OF LOTS 9, 10 AND 11, SECTION 17, OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS (AT THE OSO SEWAGE TREATMENT PLANT), FOR A TERM OF THREE (3) YEARS, IN ACCORDANCE WITH THE TERMS OF SAID LEASE, A COPY OF WHICH, MARKED EXHIBIT "A", IS 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:". SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER 10 ENTER INTO AN AGREEMENT WITH THE i1.S.O. FOR THE USE AND OCCUPANCY OF THE NORTHWEST PORTION OF THE PARK AND RECREATION BUILD- ING, LOCATED AT BELDEN AND NORTH WATER STREET, MORE FULLY DESCRIBED HEREINAFTER, FOR A PERIOD OF FIVE (5) YEARS, BEGINNING JANUARY 23, 1973 AND TERMINATING JANUARY 23, 1978, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ON FILE IN THE OFFICE OF THE CITY SECRE- TARY AND MADE A PART HEREOF BY REFERENCE, THE SAME AS IF COPIED VERBATIM HEREIN. The foregoing ordinance was read for the second time and passed to third read- ing by the followig vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye" SECOND READING OF AN ORDINANCE FINDING THAT THE GRANTING OF $3,000 ASSESSED VALUE EXEMPTION FROM AD VALOREM TAXES FOR PERSONS'S RESIDENCE HOMESTEAD WHO ARE 65 YEARS OR OLDER IS IN THE BEST INTEREST OF THE CITY; EXEMPTING FROM ALL AD VALOREM TAXES LEVIED THREE THOUSAND DOLLARS ($3000) OF THE ASSESSED TAXABLE VALUE OF RESIDENCE HOMESTEAD OF PERSONS 65 YEARS OF AGE OR OLDER, PROVIDING FOR EXECUTION OF APPLICATION FOR EXEMPTION ON THE ATTACHED EXHIBIT' "A" INCORPORATED HEREIN, OR REVISION THEREOF, DURING RENDITION TIME, PROVIDING FOR REQUIRING CERTAIN INFOR- MATION THEREON; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVID- ING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to third read- ing by the following vote: Sizemore, BOnr7iwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye" • • Minutes Regular Council Meeting January 3, 1973 Page 6 FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE NO, 10570, BY AMEND- ING SECTION 21-131 (b) SO AS TO ADD THERETO PROVISIONS FOR PARKING IN THE 1600 BLOCK OF SOUTH ALAMEDA STREET, AS MORE FULLY DESCRIBED HEREINAFTER, AS RELATES TO METER ZONE NO, 2; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION, 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". FIRST READING OF AN ORDINANCE AMENDING THE CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 21-153, SCHEDULE 1, ONE-WAY STREETS AND ALLEYS, BY ADDING AN ITEM THERETO SO AS TO MAKE LEXINGTON AVENUE, BETWEEN LEOPARD STREET AND I. H. 37 EASTBOUND FRONTAGE ROAD ONE WAY; PROVIDING FOR PUBLI- CATION; PROVIDING SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE, 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, 11241 REAPPROPRIATING OUT OF THE NO, 102 GENERAL FUND, 4299 RESERVE APPROPRIA- TION ACCOUNT, THE SUM OF $17,500 FOR PAYMENT OF CONTRACTUAL SERVICES OF DR. JOHN K. LANGUM, ECONOMIC CONSULTANT, EMPLOYED AS A CONSULTANT TO SERVE THE CITY IN THE MATTER OF THE CENTRAL POWER & LIGHT COMPANY APPLICATION FOR RATE INCREASE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". RESOLUTION NO. 11242 ADOPTING HIGHWAY COMMISSION MINUTE ORDER NO, 66985, DATED DECEMBER 11, 1972, CONCERNING INSTALLATION OF AN ILLUMINATION SYSTEM FOR INTRA - COASTAL WATERWAY BRIDGE AND APPROACHES IN NUECES COUNTY, TEXAS, ON PARK ROAD 22, ALL AS MORE FULLY SET FORTH IN THE SAID MINUTE ORDER; AND DECLARING AN EMERGENCY, The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". •. • Minutes Regular Council Meeting January 3, 1973 Page 7 ORDINANCE NO. 11243 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS CONCERNING THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A ROADWAY ILLUMINATION SYSTEM FOR THE GULF INTRACOASTAL WATERWAY BRIDGES AND APPROACHES TO PARK ROAD 22, AS MORE FULLY SET FORTH IN THE SAID AGREE- MENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $14,000 FOR THE CITY'S PORTION OF SUCH CONTRACT FROM THE 220 STREET BOND FUND; 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, 11244 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL AGREEMENT WITH CENTRAL POWER AND LIGHT COMPANY FOR INTERCOASTAL WATERWAY BRIDGE ILLUMINATION, TO SUPPLEMENT THE AGREEMENT AUTHORIZED BY ORDINANCE NO, 9412, PASSED AND APPROVED BY THE CITY COUNCIL ON JULY 3, 1969, CONCERNING FREEWAY LIGHTING, OPERATION AND MAINTENANCE, A COPY OF SAID SUPPLEMENTAL AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; ANb 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. 11245 CLOSING AND ABANDONING THE 8 FOOT UTILITY EASEMENT ALONG THE WEST SIDE OF LOTS 8 AND 9, BARTHLOME ACRES TRACT, 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". Mayor Pro Tem Charles Bonniwell and Commissioner J. Howard Stark filed with the Council a written report as a preliminary review and evaluation of their trip to the State of Georgia which was made to gain information on that State's approach in connection with "Zero Base Budgeting". Each member of the Council had been previously furnished a Harvard Business Review article and the State of Georgia's Manual on the subject of how Zero Base Budgeting functions, which basically is a method from which departmental activities are reviewed from the activity level each year rather than simply adding on to existing programs; that it encourages everyone involved in budget to become involved in • Minutes Regular Council Meeting January 3, 1973 Page 8 management; utilizes constructive ideas on how certain functions should be performed; and requires alternative methods of performing their work and evaluation of what the effect would be if their particular programs were not funded or performed in a different manner. The report stated that they both feel without reservation that this method of budget preparation should be adopted by the City of Corpus Christi, with possibly minor adjustments in the mechanics of the program to fit the City's particular needs. It was suggested that the Council consider having an alternate management analysis made of local City government and that such a study was made in Georgia with implementation of the new budgeting approach. Commissioner Stark stated it was clear that Zero Base Budgeting provides a great deal more information on which to evaluate the performance of the government, and also clear that this additional information in the form of decision packages, alternate methods of op .ration and ranking of programs, will enable the Council as the last budget review group, to set up priorities for the coming year. They stated there are .ome drawbacks, but the benefits to be gained far outweigh the drawbacks. City Manager Townsend discussed the present budget preparation concept and pointed out that the City of Corpus Christi is closer to this new approach than Georgia was, that this Council receives a more descriptive budget than most cities, but that the Council does need more time to evaluate it. He pointed out that the budget can be amended at any time after adoption. The Council agreed to consider whether or not to formally adopt the new Zero Base Budget approach on January 17. City Manager Townsend requested authority to sign a statement to the Federal Aviation Agency to the effect that the City will employ and have on duty by February 6 at least three and possibly four safety personnel at the International Airport. Motion by Bonniwell, Seconded by Bosquez and passed, that the City Manager be authorized to sign the foregoing statement as requested. The Regular Meeting was recessed during which time the Council held public hearings scheduled for 4:30 p.m. on six zoning applications. ********* • Minutes Regular Council Meeting January 3, 1973 Page 9 The Regular Meeting was reconvened at 5:30 p.m., and Mayor Sizemore announced the recessed public hearing on Central Power & Light Company's request for a general rate increase. He explained that the recessed hearing was for the purpose of receiving a report from City Attorney Riggs on the question of whether or not the City Council must, in determin- ing the service rates and rate of return to be granted Central Power and Light, consider only the inside City Limits property of CPL or only the integrated system value, or is other method permissible, City Attorney Jim Riggs submitted a written report and made a summary of its contents, stating there are contrary authorities. He stated that although Article VIII, Sections 7, 14 and 15 of the City Charter prescribe generally the City's power to regulate utility rates, there is no language in these sections helpful in ascertaining the rate base to be used, and in any event, such sections, in this respect, are subordinate to State and Federal Law, and the question must be resolved by an interpretation of Article 1175 (12) V.A.C,S., Texas, and Article 1124, V,A,C.S, Texas, He cited in the detailed opinion Texas and U. S. Supreme Court rulings, General Telephone Company v. Wellington; Wabash Valley Electric Company v. Young; Virginia Electric & Power Company, and others, which supported either a separate or an integrated approach. He quoted control- ling Statutes and rulings of Federal, State and public utility commissions, with a final conclusion that "Whichever method is used is basically in the discretion of the City Council, because the Texas law does not command that only one of the rate base methods, i,e., less -than -systemwide or systemwide, be used in electric rate -making." He stated that if the City feels a need for a citywide v. systemwide study, they have the right to request it and the burden of proof is on the Company, and the Council has the burden to determine which is needed, City Manager Townsend stated that the consultant will be working with system- wide figures unless instructed otherwise, and that possibly the Council should hear his report before making a decision. Mr, S. E. Kelly, Central Power & Light District Manager, stated the Company had made their application with systemwide figures, and as far as they are concerned, they Minutes Regular Council Meeting January 3, 1973 Page 10 • Have established a need for the requested increase based on those figures and are willing to let the application stand in its present form. He stated if the Council elects to require that Corpus Christi be separate from the rest of the system, they are concerned with the expense and delay which would result. He estimated it would cost $250,000 to provide this informa- tion and stated it would be to the advantage of all concerned if the study could be made without benefit of these figures, Mro David Perry, attorney representing the Corpus Christi consumers Association, stated according to his interpretation of Article 11-24 of the City Charter, the City is obli- gated to require figures based on the City of Corpus Christi, and if the Council fails to require these figures, the ordinance, if passed, will not be valid. He stated the defect in the opinion of the City Attorney is that he has concerned himself with histories in other states that are not concerned with the issue and that he has not read plain language into hos opinions He cited cases quoted by Mr. Riggs which he did not agree in the interpreta- tion. He stated the Council must break out the fair value of the plant used to serve Corpus Christi for rate making purposes, pointing out that CPL plant is broken into three categories - generator plant,, transmission plant, and distribution plant, and that some parts of the sys- tem are located outside the City. He stated he had requested of CPL information as to the fair value cf its property devoted solely to serving Corpus Christi and had been advised this information was not available. He stated it is his conclusion that the Company has not shown proof of value of its property in Corpus Christi, He stated it had been his under- standing of the procedural situation that the taking of evidence was closed and they would be working from factual data already received, City Manager Townsend stated all parties have the right to have whatever information available at any time; that all is a part of the record; that the consultant will request additional information; and this will be material available to the Staff and others with no limits. The matter of time was discussed, and City Manager Townsend stated it was his understanding that the consultant would have a report by the 31st of January, Mayor Sizemore pointed out that if the report is received on the 31st of • Minutes Regular Council Meeting January 3, 1973 Page 11 January, action could not be taken until the Council has time to evaluate this report. Mr. Perry stated if the 31st of January is set for a deadline, provisions should be made to assure that time is allowed for all parties to analyze the consultant's report. Mr. Kelly filed with the Council an ordinance for a proposed interim increase which he stated would reduce the amount sought in the first two steps in residential categories. He stated the interim increase in residential rates would amount to 3.3 percent versus 9.5 percent included in the overall increase; that no changes are proposed in commercial, industrial and municipal increases, and the interim increase would amount to a total of 4 percent as compared to 6 percent in the original request and these were the interim increases he is asking the Council to consider. He stated he had had several meetings with the City Manager for discussions on this interim increase. He pointed out that when they filed their request for an increase in September of this year, the application was addressed to obtain- ing the necessary revenue to give adequate service to their customers beginning January 1, 1973, and that they are still faced with thesame problem to obtain adequate revenue to give adequate service. He stated he had discussed with the City Manager the question of going back and applying the 1959 rates since they were the last approved rates on record. He gave figures which would apply to the 1959 rates and stated the company is reluctant to take this approach because it would mean substantial increases to customers who use air conditioning or have all -electric homes. City Manager Townsend advised the Council he believes the Company has the right to reinstate the 1959 rates by simply filing with the City Secretary a letter with- drawing the 1964 rates which were never formally acted upon but were allowed to go into effect because they are lower than the 1959 rates which are maximum but not a minimum, and should this occur, the burden would then be on the City to prove the 1959 rates are excessive if the Council desired to delay or halt this approach. Relative to the interim rate increase proposed by CPL, Mr. Townsend stated his calculations and those of the Company are still far apart, and unless the figures can be reconciled, he will be forced to make a negative recommendation. He made comments relative to problems involved in making adjustments to customers if an interim increase is granted and • Minutes Regular Council Meeting January 3, 1973 Page 12 adjustments are necessary after the consultant's report. Mr. Kelly read a relevant portion of the proposed ordinance which set out guidelines for refunds and stated this would be assured and there would be no problem. Mr. Perry stated if the Company is granted an interim increase and refunds are necessary, the refunds should include interest. He stated he felt the Council should not grant the Company an interim increase but should make its decision on the consultant's report on a citywide basis and ultimately decide that a rate reduction is required. Mr. Kelly requested that the Council pass on first reading the proposed 4 percent interim increase at next Wednesday's Regular Meeting of January 10, stating the Company still faces a 60 -day running time with the Federal Price Commission and needs some action now to get the rate increase into motion. City Manager Townsend stated he could and would have some recommendation next week relative to the request for an interim rate increase, and if figures could not be reconciled, the recommendation would be negative. He recommended that the hearing be recessed until January 31 for receipt of the consultant's report. Motion by Bosquez, seconded by Branch and passed, that the hearing be recessed to January 31, 1973, to be :reconvened at an appropriate time during the Regular Meeting of that date. The meeting was adjourned, and on motion of Mayor Pro Tem Bonniwell, seconded by Branch and passed, reopened for consideration of an appropriate time to receive the recommendation of the City Manager on the request of Central Power and Light Company for an interim rate increase, on the basis that there would not be a full Council on January 10. Mayor Pro Tem Bonniwell later withdrew his objections to receiving the report on January 10, since the ordinance would be on a three -reading basis, and the Council agreed to instruct the City Manager to bring forth a report relative to an interim rate increase next week if in fact that report is ready. Minutes Regular Council Meeting January 3, 1973 Page 13 ORDINANCE NO, 11246 • 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 S. J. BECKER & FAIRES P. WADE BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 2, 3 & 4, BLOCK 1, ALAMEDA PLACE SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-2 TWO-FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". City Manager Townsend requested and was granted leave of absence from the City January 5 to attend the Texas Municipal League meeting in Austin on personnel matters and January 9 t attend a Mobile Home Meeting in Waco. There being no further business to come before the Council, the meeting was adjourned at 7:15 p.m., January 3, 1973.