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HomeMy WebLinkAboutMinutes City Council - 01/31/1973• • MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING January 31, 1973 3:00 P. M. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Chas. A. Bonniwell Commissioners: Roberto Bosquez Rev. Harold T. Branch Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring Mayor Ronnie Sizemore called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Reverend Rush J. Barnett, Associate Minister of First Christian Church. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Council Meeting of January 17, 1973 were approved as submitted to the Council. Mayor Sizemore proclaimed February 4 through 10, 1973 as CHILDREN'S DENTAL HEALTH WEEK, in recognition of the Nueces Valley District Dental Society's notable contributions to the health and well-being of youth. Nineteen City Employees who are retiring between the dates of December 1972 and February 1973 with a total of 474 years of service with the City, were honored in appropriate ceremonies with Mayor Sizemore presenting retirement plaques to each employee as follows: Fire Department - F. G. Kirby, 30 years service, December 22, 197 ; Sanitation Department - Rosenda Flores, 26 years service, January 31, 1973; Crisoforo D. Sosa, 33 years service, January 31, 1973; and Amado D. Sosa, Sr., 30 years service, January 31, 1973; Street Department - Gustave E. Clemons, 16 years service, January 31, 1973, and Elfego T. Leal, 15 years service, January 31, 1973; Engineering Services-- Guadalupe R. Gonzales, 28 years service, January 31, 1973; Public Utilities - Cecil H. Lancaster, 27 years service, January 31, 1973, and William M. Lidwell, 32 years service, January 31, 1973; Police Depart- ment - Alexander Bullard, 27 years service, January 31, 1973; Christopher P. Rachel, 31 years service, January 31, 1973; and Edgar L. Lewis, 30 years service, January 31, 1973; Water Department - Genaro T. Medrano, 22 years service, January 31, 1973; January 31, 1973, James R. Wheeler, 20 years service,/ and William G. McGregor, 21 years service, February 8 or March 31, 1973; Traffic Engineering - Jerry L. Diegel, 27 years service, February 28, 1973; Library - Mary S. Morrow, 18 years service, January 31, • Minutes Regular Council Meeting January 31, 1973 Page 2 Rios, 1973; Gas Division - Felipe/ 18 years service, January 31, 1973; and Sewer Division - Gilberto R. Salazar, 23 years service, January 31, 1973. Mr. Bob Smith, local director of United Way of Coastal Bend, assisted by Mr. Bob Modlin, chairman for the City Employees campaign, presented special awards for the City's total pledged contribution to the Fund of some $43,000, Four Silver Awards and two Silver of Excellence Awards were presented to the Utilities Depart- ment, General Government, Traffic Engineering and Corpus Christi Museum. Mayor Sizemore recognized representatives of the Student Council of Tuloso- Midway Junior High School, and presented Certificates of Attendance to the follow- ing: Janice Rhoades, Karen Lang, Pat Pownell, Charla Bedford, Jennifer Nesloney, and David Elbert. They were accompanied by their sponsors, Mrs. Curt GoOrisy, and Mrs. Margaret Haney. Mayor Sizemore called for the opening of bids. Bids were opened and read by Director of Engineering Services for the improve- ments to Horne Road from Columbia to MacArthur, from the following firms: Helden- fels Brothers; South Texas Construction Company; Burtex Constructors; King Construc- tion Company; Asphalt Paving Company; and Gulf Coast Paving, Inc. The foregoing bids were tabled for 48 hours pursuant to the requirements of the City Charter and referred to the City Manager for tabulation and recommenda- tion. Mayor Sizemore announced the appointment to Boards and Committees and made the following nominations: Airport Board of Adjustment - Scott Cook, H. C. Helden- fels, Jr., and T. K. Grant, reappointments; Bay Drilling Committee - Carroll Hudson (Oil Industry), reappointment, and R. Kinnan Golemon (Oil Industry), appointment to represent the oil industry instead of Citizens at Large, and Dr. Christopher Isensee (Citizens at Large), appointed to replace Golemon who will replace Don Presley; Citizens Advisory Health and Welfare Board - Oscar M. Garcia, DDS, reappoint- ment, and Rev. Fred Allen, appointment to replace Rev. A. Arnott Ward, resigned; La Retama Library Board - Rt. Rev. William T. Thompson, appointment to replace Rev. Hollier G. Tomlin. Motion by Branch, seconded by Bonniwell and passed, that the foregoing nominations forappointmentsand reappointments to the respective Boards & Com- mittees, be approved and confirmed. • • Minutes Regular Council Meeting January 31, 1973 Page 3 Mayor Sizemore announced the public hearing for the closing of the alley located in Block 28, between Neal and Hayes Street on North Beach, Brooklyn Addition. City Manager Townsend explained that the request had come from Mr. John L. Stine and Mr. Wayne A. Johnson; that Mr. Stine's property abutted Lots 2, 4, 6 and 8, and Mr. Johnson's property abutted Lots 1, 3, 5, 7, 9 and 11; that they plan to build tourist apartments on their property and use the alleyway property for parking and a paved driveway, Mr. Townsend stated the owner of Lot 10 and 12, Mr. Seastrum, did not sign the petition, and that he did not know for what reason. He explained that the alleys on Corpus Christi Beach had previously been platted in each block; that some are open on the ground and some are not; that none of them are paved to City Standards; that he had previously recommended that all alleys on the Beach be closed, and saw no problem arising from the subject closing providing the existing utility easements are retained. Mr. Seastrum, 4324 Surfside, spoke in opposition to the proposed closing of the alley stating his property backs up to the alley and it is presently being used for garbage pickup, and that he would not approve having garbage pickupat the front of the motel. He also stated he was opposed because the alley was the'only access for fire equipment. City Manager Townsend stated the only alternative for garbage trucks would be from the front; that he had not been aware that it was being used for garbage pickup, and with this new information, he did not now recommend the closing unless satisfactory arrangements can be worked out with Mr. Seastrum, and would recommend that the matter be tabled for further consideration of the oppositialvexpressed. Mr. E. T. Cluff, 311 Hayes, owner of Texan Motel, spoke in favor of the closing, stating it was not the plan to build structures in the alley, but only to swing a canopy over it for parking and use as, a driveway, and the alley would not be blocked. He stated that most of the garbage is picked up from the street and that Mr. Seastrum's garbage is picked up at the extreme end of the alley. Mr. Townsend stated Mr. Cluff should confer with the Building Official to determine if some type of permit could be issued for the canopy over the alley. Motion by Lozano, seconded by Bonniwell and passed, that the hearing be closed. • Minutes Regular Council Meeting January 31, 1973 Page 4 Motion by Bosquez, seconded by Gonzales and passed, that the request to close the alley in Block 28, Brooklyn Addition, be tabled. Mayor Sizemore requested that, in view of the fact that within the next two or three years there will be numerous zoning changes and Board of Adjustment hear- ings, a colored map of Corpus Christi Beach be made showing opened and closed streets and alleys so as to be easily distinguishable. Mayor Sizemore called for the City Manager's Reports. Motion by Bonniwell, seconded by Bosquez and passed, that the City Manager's Reports, Items "a" through "g", be accepted and that the requests and recommenda- tions be granted and approved as follows: a. That the date of February 21, 1973 at 4:00 p.m., Special Meeting, be set for a public hearing on the following zoning applications: (1) Josephine S. Davis "R -1B" to "B-4", located on the east side of the 5300 Block of Ayers Street (2) James D. Peterson - "R -1B" and "B-1" to "$-4", located between South Padre Island Drive and McArdle Road, east of Staples Street (3) Pier I Imports - "B-1" to "B-4", located at 5717 South Padre Island Drive b. That bids be received on February 21 on a storm sewer improvement on Norton Street from Kostoryz to Annapolis, which plans were previously approved by the City Council on November 1, 1972, and authority granted to submit those plans to the Department of Housing and Urban Development. The Department of HUD has verbally informed the City that the project is not approved and the City's alter- natives are either to resubmit an application and wait for funds to be released or advertise for bids and finance the project with City funds. Norton Street storm sewers was an approved project in the 1970 Bond Program. c. That a Change Order to the Richter Area Street Improvement Project be authorized in the amount of $4,250.00, which Change Order provides for the exten- sion of 300 feet of 15 -inch reinforced concrete pipe in Milo and Ayers Street, and is needed to alleviate a drainage problem which exists at the intersections of Milo, Sacky and Johanna Street as they intersect with Ayers. No additional appropriation is required as funds appropriated by Ordinance No. 11020 are sufficient to cover the cost of the Change Order. • Minutes Regular Council Meeting January 31, 1973 Page 5 d, That the contract with Environmental Installations, Inc., for the construction of Candlewood Park Improvements, be accepted as complete and that final payment of $7,450.49 be made to the contractor. The final contract price is $33,757.19 which reflects an underrun of $199.97. The improvements included installation of an irrigation system, play space with equipment, general purpose play area, grading, seeding and tree planting. Candlewood Park is located west of Williams Drive between Birchwood and Lemonwood, e. That the Council approve a resolution that demolition completed under the U.S. Department of Housing and Urban Development Grant TEX-M-2 has been in accordance with the local and State law and assurance that all available legal pro- cedures were used to obtain remedial action. The resolution covers the demolition of 73 substandard housing units in four areas of the City, f. That the first reading of an ordinance be approved granting Nueces Electric Cooperative an additional five (5) year franchise. The present franchise calls for 2% of the grantee's gross receipt and it is recommended that this be increased to 4% to be in keeping with increases previously incorporated in the Central Power & Light franchise extension. The franchise renewal requires 30 days between the first and last reading of the ordinance. There are three areas served: (1) Por- tions of the area between Padre Island Drive and Saratoga and between Airline Road and Chapman Ranch Road; (2) in the Clarkwood Area between Kosar Road and County Road #55; and (3) the area within the City west of Fri 2292 and South of Highway 9. g. That the City Manager be granted the authority to apply for State assis- tance to establish a Traffic Safety Coordinator position. The Office of Traffic Safety Administration, Texas Department of Community Affairs, has offered a three-year program which the State would fund for 2-1/2 years and the City would fund for six months; the total project cost is $80,121 of which the City would provide $13,325. The purpose of this Traffic Safety Coordinator will be to coordin- ate the traffic safety efforts and activities of all groups and agencies in Corpus Christi. Mr. Doyle Willis, Chairman of the Traffic Safety Advisory Board, stated he strongly approved the Council's action to grant the City Manager authority to apply for State assistance to establish a Traffic Safety Coordinator position, stating he felt it is a step in the right direction in terms of getting help needed to improve • 0 Minutes Regular Council Meeting January 31, 1973 Page 6 the accident record and death rate in the City. City Manager Townsend presented the pending item relative to the request to close the alley located between Lots 1, 33, 34, 36'and 38; of Block 3, Austin No. 1 Addition, on which a public hearing was held December 20, 1972, at which time there was opposition from the abutting property owners on the basis that entrance to their properties would be blocked. He explained that he had talked with these owners and reached a satisfactory agreement with all concerned; and accordingly it is his recommendation to partially close the alley in Austin Addi- tion No. 1 between Pueblo and Balboa Streets, which partial closing of the alley would be from Pueblo Street to a point between Lot 35 and 36; that the partial closing will provide for retention of access to Lot 35 from Balboa Street, but restrict non-resident traffic between Balboa and Pueblo Streets, and subject to retention of water and sewer line easements. Motion by Bonniwell, seconded by Stark and passed, that the recommendation of the City Manager be concurred in and the alley between Pueblo and Balboa. Streets, in Austin Addition No. 1, be partially closed to a point between Lots 35 and 36, retaining access to Lot 35 from Balboa Street, but restricting non-resident traffic between Balboa and Pueblo Streets, and that an ordinance be brought forward effectuating the closing. City Manager Townsend presented the pending item of the zoning Application of Mr. Ralph E. Krause for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District, on which a public hearing was held January 3, 1973, and tabled pending a meeting with the U.S. Navy representatives relative to Flight patterns. Motion by Bonniwell, seconded by Branch and passed, that the foregoing zoning request be denied. • • Minutes Regular Council Meeting January 31, 1973 Page 7 ORDINANCE NO. 11285 THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANA- GER TO ENTER INTO AN AGREEMENT WITH THE U.S.O. FOR THE USE AND OCCUPANCY OF THE NORTHWEST PORTION OF THE PARK AND RECREATION BUILDING, 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 SECRETARY AND MADE A PART HEREOF BY REFERENCE, THE SAME AS IF COPIED VERBATIM HEREIN. 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. 11286 THIRD READING OF AN ORDINANCE AMENDING CHAPTER 1 OF THE BUILDING CODE, ADOPTED BY ORDINANCE NO. 10379, AS AMENDED, SO AS TO REQUIRE A BUILDING PERMIT PRIOR TO INSTALLATION OF A MOBILE HOME FOR OCCUPANCY UPON A LOT AND ESTABLISHING A PERMIT FEE OF $5; MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT EXCEEDING $200; PROVIDING FOR PUBLICATION; AND PROVIDING A SAVINGS CLAUSE. The foregoing ordinance was read for the third time and passed finally by the following vote: Sizemore, Boinlwell, Bosyuez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11287 THIRD READING OF AN ORDINANCE FINDING THAT THE CITY OF CORPUS CHRISTI HAS EXTRA -TERRITORIAL JURISDICTION OVER AND IS PROVIDING WATER TO CER- TAIN PARTS OF PADRE AND MUSTANG ISLANDS, THAT IN SUCH AREA THERE IS A PROBABILITY OF POLLUTION AND HEALTH PROBLEMS FROM AN ACCUMULATION OF SEWAGE WHICH IS A THREAT TO P'U3LIC SAFETY AND HEALTH; REQUIRING EXISTING WATER CUSTOMERS IN SAID AREA TO CONNECT TO THE SEWER SYSTEM WITHIN SIX (6) MONTHS FROM THE TIME SUCH SEWER SYSTEM IS WITHIN 300 FEET OF THE BOUN- DARY OF SUCH PROPERTY AND WITHIN FIVE (5) YEARS AFTER SEWER SERVICE IS AVAILABLE ALONG PADRE ISLAND DRIVE. The foregoing ordinance was read for 6e third time and passed finally by the following vote: Sizemore, Bonniw€;Il, 3osquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". SECOND READING OF AN ORDINANCE RELATING TO THE REGISTRATION OF PROMOTERS OF CERTAIN OUTDOOR MUSIC FESTIVALS AND THE ISSUANCE OF PERMITS FOR AND THE REGULATION OF CERTAIN OUTDOOR MUSIC FESTIVALS; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDI- NANCES IN CONFLICT THEREWITH. The foregoing ordinance- was read for the second time and passed to third reading by the following vote: Sizemore, Bonniwe 1, Bosauez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". • Minutes Regular Council Meeting January 31, 1973 Page 8 SECOND READING OF AN ORDINANCE PROVIDING FOR THE REGULATION OF PARADES AND MARCHES WITHIN THE CITY; DEFINING TERMS; DESIGNATING REGULATORY OFFICERS IN THE CITY GOVERNMENT FOR ADMINISTRATION OF SAID ORDINANCE; PROVIDING STANDARDS FOR ISSUANCE OF PARADE PERMITS AND REVOCATION; PRO- VIDING APPELLATE PROCEDURES; PROVIDING PENALTIES AND SANCTIONS; PROVID- ING REPEAL OF CONFLICTING ORDINANCES; PROVIDING SEVERABILITY. The foregoing ordinance was read for 'he second time and passed to third reading by the following vote: Sizemore. Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". RESOLUTION NO. 11288 RESOLUTION REQUESTING REIMBURSEMENT FOR THE FEDERAL SHARE OF DEMOLITION EXPENDITURES UNDER THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOP- MENT GRANT NO. TEX-M-2 TO ASSISI." RN A PROGRAM OF DEMOLITION OF STRUCTURES WHICH ARE UNSOUND AND UNFIT FOR HUMAN HABITATION; PROVID- ING THAT DEMOLITION OF THE STRUCTURES SET FORTH ON THE SCHEDULE SUPPORTING THE REQUISITION FOR PAYMENT OF FEDERAL GRANT WAS IN ACCORD WITH THE REQUIREMENTS OF STATE AND LOCAL LAW AND IN THE PUBLIC INTEREST; AND DECLARING AN EMERGENCY. The Charter R.c e wrae> suspended and the foregoing resolution was passed by the following vote: Sizemore, Bonniwell, 6osquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11289 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 7A "T-1" TRAVEL TRAILER PARK, MOBILE HOME PARK, AND MOBILE HOME SUBDIVISION DISTRICT, SO AS TO REQUIRE SUBMISSION OF PLANS FOR THE CONSTRUCTION, ALTERATION OR EXTENSION OF ANY MOBILE HOME DEVELOPMENT; AMENDING SUBSECTION 7A-2-03 MOBILE HOME SUBDIVI- SION SO AS TO ESTABLISH MINIMUM LOT SIZE FOR MOBILE HOME SUBDIVISIONS WHICH ARE COMPARABLE TO SINGLE FAMILY DEVELOPMENT; AND AMENDING ARTICLE 33, PERMITS, PLATS AND FILING FEES, BY AMENDING SECTION 33-1, SO AS TO PROVIDE FOR ISSUANCE OF PERMITS FOR MOBILE HOMES ON SINGLE LOTS WITHIN A SUBDIVISION; 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 war suspertded and the foregoing ordinance was passed by the following vote: Sizemore, Eonriwell, Bcsq,Jez, Branch„ Gonzales, Lozano and Stark, present and voting "Aye" Minutes Regular Council Meeting January 31, 1973 Page 9 ORDINANCE NO. 11290 • AUTHORIZING THE CITY MANAGER TO APPLY FOR STATE ASSISTANCE AND TO SUBMIT SUCH INFORMATION AS MAY BE NECESSARY AND REQUIRED TO ESTABLISH A TRAFFIC SAFETY COORDINATOR FOR THE CITY OF CORPUS CHRISTI, IN ACCORDANCE WITH THE ATTACHED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Band°swell„ Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye" ORDINANCE NO, 11291 AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO, 1, TO THE CONTRACT WITH HELDENFELS BROTHERS FOR CONSTRUCTION OF THE RICHTER AREA STREET IMPROVEMENTS, PROJECT NO, 220-67-92,6, IN THE AMOUNT OF $4,250, SAID SUMS HAVING BEEN APPROPRIATED FOR CONTINGENCIES BY ORDINANCE NO, 11,020, PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST 9, 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", FIRST READING OF AN ORDINANCE GRANTING TO NUECES ELECTRIC COOPERATIVE, INC., ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT AND POWER FRANCHISE FOR FIVE (5) YEARS. The foregoing ordinance was read for the first time and passed to second read- ing by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye" Motion by Boraniwell, seconded by Branch and passed, that the recommenda- tion of the City Manager be :incurred in and that future salary increases to all City employees automatically it 9,.ide both Municipal Court Judges, and that the salary of the judges increase as their years of service increases in the same manner as for all other employees, with the following resc;lt: Municipal Court Judge 41, (Judge O. E. Cannon), be classified as Grade 36E with a salary increase to $1,343, and Municipal Court Judge #2, (Judge Robert Bunting), be classified as Grade 32D with a salary increase to $1,106, and that an ordinance be brought forward effectuating these classifications. It was agreed that City Manager Townsend be authorized to bring forth for next week's agenda a recommendation to employ Mr. Max Dulnig, Jr., for appraisals on the Oso Sewage Plant Land Acquisition. • • Minutes Regular Council Meeting January 31, 1973 Page 10 Mayor Sizemore stated that a vacancy in the youth category of the Human Relations Commission exists, and nominated Miss Diane DeLong to replace Cheryl Bolin, resigned. Motion by Branch, seconded by Bonniwell and passed, that the foregoing nomi- nation for appointment of Miss Diane DeLong to replace Cheryl Bolin on the Human Relations Commission, be approved and confirmed. Mayor Sizemore brought up for discussion the matter of a salary increase for City Manager Townsend. He noted that Mro Townsend had been with the City for 16-1/2 years, had assumed the position of City Manager in 1968, and his last salary increase was two years ago. He mentioned several cities of smaller size than Corpus Christi whose city managers received higher salaries than Corpus Christi; also noted that Corpus Christi Independent School District's Administrator, president of Del Mar College, and Texas A & I University, are presently receiving higher salaries. It was agreed that an ordinance authorizing a salary increase for the City Manager be placed on next week's agenda. Following a brief recess, Mayor Sizemore called the meeting to order at 5:00 p.m. and announced the recessed public hearing on Central Power and Light Com- pany's request for a rate increase. Mr. Sizemore noted that all members of the Council were present, also representative; of Central Power & Light Company, and representa- tives of the Consumers' Association. He explained that the purpose of this meeting was to receive the report and findings of Dr, John K. Langum, the City's utility rate consul- tant employed to make a determination of the service rates and fair rate of return to be granted Central Power and Light Company. City Attorney Riggs introduced into the record the following Exhibits: Exhibit Marked #1, a copy of Dr. Languor's qualifications as a Rate Consultant, dated January 1973; and Exhibit Marked #2, an Official Copy of the 72 -page Report and Findings of Dr. Langum, dated January 1973, both documents to be filed in the office of the City Attorney with the Court Reporter's Transcript of this meeting. Mr. Riggs stated that in addition to Exhibits 01 and #2, there will be a third Exhibit covering Dr. Langum's Summary and Narrative Report to be submitted later. Mr. Riggs briefly • Minutes Regular Council Meeting January 31, 1973 Page 11 interrogated Dr. Langum relative to his qualifications as an expert rate consultant, Dr, Langum expressed appreciation to CPL officials, City Staff, and Mr. David Perry, attorney for the Consumers' Association, for helpfulness and assistance in compiling this report. He proceeded with formal presentation of his report stating he had been charged with making a study and an impartial valuation of the fair rate of return of Central Power & Light Company, and had confined his studies to just that. He made oral comments from the 72 -page report, marked Exhibit 02, stating his judgments and findings to support his con- clusion that, based on his studies, the 6 percent rate increase requested by the Company is excessive and that he is recommending an increase of about 2 percent overall based on the Company's merit in terms of its financial projected overall needs. He stated that based on the Company's 1972 earnings and expenses, the Company is entitled to no increase, estimat- ing the Company's return on the "fair value" of its plant at 7.25 percent in 1972. Mr. S. E. Kelly, District Manager of CPL, requested that at least 30 days be allowed for evaluation of Dr, Langum's report and recommendation, since they have been unable to get in touch with their key attorney involved in this matter, Mr. Kelly stated that the Compar:y's plan to revert to the 1959 rates is a possibility, but this probably will not be done so long as the present request is under active consideration. Following the 3 -hour oral report Dr. Langum, was questioned on certain points by members of the Council, and persons in the audience were given the opportunity to comment. No one from the aud°oence spoke. An appropriate time for reconvening the recessed meeting was discussed relative to time table and moratorium, and it was decided that March 1 would be the latest date possible. Motion by Stark, seconded by Lozano and passed, that the hearing be recessed until 10:00 a.m., Thursday, March 1, 1973, in the Council Chamber, and that this announcement would serve as official notice to all parties concerned. There being no further business to come before the Council, the Regular Meeting was adjourned at 8:00 p.m. January 31, 1973. • I, RONNIE SIZEMORE, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of January 3, 1973, to January 31, 1973, inclusive, and having been previously approved by Council action, are by me hereby approved . 0 RONNIE SIZEMO'ayor City of Corpus Ch Texas