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HomeMy WebLinkAboutMinutes City Council - 03/21/1973MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MARCH 21, 1973 3:00 P.M. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Charles A. Bonniwell Commissioners: Roberto Bosquez Rev. Harold T. Branch Thomas V. Gonzales J. Howard Stark Assistant City Manager Archie Walker 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 Commissioner Harold T. Branch in the absence of the invited Guest Chaplain. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Branch, seconded by Bonniwell and passed, that the absence of Commissioner Lozano be excused for just cause. The Minutes of the Special Meeting of March 1, 1973, 10:00 a.m.; Regular Meeting of March 7, 1973, 3:00 p.m.; and Special Meeting of March 7, 1973 at 4:00 p.m., were approved as submitted to the Council. Mayor Sizemore announced the issuance of proclamations designating March 19 through 24, 1973 as AMERICAN G. I. FORUM WEEK, and March 25 through 31, 1973, as SAVINGS BOND WEEK. Mayor Sizemore recognized and presented 30 -year Service Awards to the following City Employees: Eugene F. Bales (Fire Department), George L. Frazier (Fire Department), and A. O. Gibson (Fire Department). Mayor Sizemore congratulated these employees and took this opportunity to express, on behalf of the Council and citizens, appreciation and commendation to all firemen, and others, who participated in fighting the fire of Coastal States Chemical Plant last week. - Assistant City Manager Archie Walker presented the request to close a portion of Winnebago Street at the Intersection of Kennedy and Winnebago, being a portion of the south one-half of the original Pearsall Street (now Winnebago Street) abutting Lot 1, Block 1, Citizens Addition. Mr. Walker pointed out the location of the area on the map and explained that the surplus property was a result of the improvements to the Kennedy -Winnebago Street intersection; described the areas as Parcel "A", the part that remains from the lot acquired; Parcel "B", the half of the street right-of-way that would normally be donated to the adjacent property owners; and Parcel "C", the • • Minutes Regular Council Meeting March 21, 1973 Page 2 other half of right-of-way that would be awarded to the other adjacent property owner if there were one. He stated it is the recommendation of the Staff that the portion of Parcel "B" be closed and returned to the owner of Lot 1, but that the portion next to Lot 22, described as Parcel "C", be retained for right-of-way, and that no fence or shrubs be permitted along the south side of the right-of-way line necessary to allow for proper vision of oncoming traffic at the intersection. Mr. Will Haven, 1614 Kennedy, appeared for information relative to the construction of the fence, but stated Mr. Walker had answered his questions. No one appeared in opposition to the foregoing proposal. Motion by Branch, seconded by Gonzales and passed, that the hearing be closed. Motion by Branch, seconded by Gonzales and passed, that the.portion.of Winnebago Street located at the intersection of Kennedy and Winnebago, being a portion of the south one-half of the original Pearsall Street abutting Lot 1, Block 1, Citizens Addition, be closed and returned to the owner of Lot 1, retaining utility easements, and with the restriction that no fence or shrubs be permitted along the south side of the right-of-way line, and that an ordinance be brought forward effectuating the closing. Mr. Walker presented the request of Mr. Jim Wilburn to annex by contract an 8.41 acre tract of land out of Tract 7, William Roberton's Farm Tracts. He stated the tract of land is located approximately one-fourth mile east of Old Brownsville Road and on the south side of Saratoga Boulevard. He explained that the land will be annexed to the City as "R -1B" One -family Dwelling District, and that it is the recommendation of the Staff that the Standard Annexation Form contract submitted by Mr. Wilburn be approved. No one appeared in opposition to the foregoing request. Motion by Stark, seconded by Bosquez and passed, that the hearing be closed. Motion by Branch, seconded by Bosquez and passed, that the recommendation of the Staff be concurred in and that the Standard Annexation Form Contract submitted by Mr. Jim Wilburn for annexation of an 8.41 acre tract of land out of Tract 7, William Robertson's Farm Tracts, be approved. Mayor Pro Tem Bonniwell requested that the City Hall Planning Study previously requested of the Planning Staff, be scheduled on next week's workshop agenda. Mayor Sizemore called for the City Manager's Reports, and Assistant City Manager Walker Minutes Regular Council Meeting March 21, 1973 Page 3 made the following requests and recommendations: a. That the City accept the offer of Mr. Bonifacio Leal to purchase surplus City property - Lot 17, Block 8 (H), Monte Vista Subdivision at 216 Lotus Street for $400.00, on the basis of the only bid received. The lot is 25' x 78' or 1950 square feet and can only be used in connection with adjacent property, and was acquired by the City at Sheriff's Second Delinquent Tax Sale on March 3, 1970 for a purchase price of $245.31. b. That bids be received on March 30 and the publication of bid notice appearing in the Caller -Times on March 15 and 16 be ratified to sell City -owned surplus land described cis a triangular shaped tract of kind out of Weber Parkway Street, east of and adjacent to Lot 6, Block 6, Hopper Addition Unit 2 containing approximately 1876.7 square feet of land more or less. This being a portion of street right-of-way which the City is in the process of closing a portion of Weber Street at Herndon Street. c. That the School Zone definition in Section 21-2 of the City Code be revised to conform with State uniform signing practices and to provide for the use of signs instead of painted lines to indicate the boundaries of school zones. d. That parking be prohibited on both sides of Leopard Street between Port Avenue and Kennedy Avenue to provide additional street width for a center left lane. The Traffic Safety Advisory Board concurs with this request, and the Citizens State Bank is cooperating to widen the street at this location. e. That $27,870.10 be appropriated for the purchase of traffic signal equipment for Staples-Swontner TOPICS Improvements for Six Points and Leopard near Coke modifications, which equipment was authorized by motion on January 10, 1973 and February 7, 1973. f. That $1,500,000 be appropriated out of No. 207 Public Building Bond Fund for acquisition of land, buildings and facilities of University of Corpus Christi to establish the Upper Level College in Corpus Christi. These bonds received voter approval December 9, 1972. The issuance and delivery of the bonds is the subject of H.B. 173, Validation Act now pending in the Texas Senate. The Council approved conveyance and acceptance of the facilities by the City and conveyance to Texas A&I at Corpus Christi, March 14, 1973. 4 Minutes Regular Council Meeting March 21, 1973 Page 4 • 3. That the contract with Loyd W. Richardson for improvements to the Corpus Christi Marina, Pier & Piling, be accepted and final payment of $2,232.50 be authorized. The project was accepted January 24, 1973 with the exception of Change Order No. 6 for 68 gear boxes. The construction of the gear boxes is now complete. The total cost of work under contract is $200,996.89, and the work was completed in 149 days of the 155 allowed. h. That Parcel No. 33 for South Staples Street from Padre Island Drive to Saratoga be purchased from Mr. and Mrs. W. K. Cowling. The original appraisal did not consider a water line, landscaping and a drainage easement which justify an increase in the appraisal by $717.00 to $2,717 - $2,000 has been previously appropriated. i. That the City Manager be authorized to execute a contract with Casey & Glass, Inc. for the construction of the H.E.B. Tennis Center Court Repairs and that $29,000 be appropriated out of the No. 299 Special Projects Bond Fund including $28,277.67 for the contract. The contract reflects an amended figure for the base bid which was submitted by Mr. Casey in error. The base bid submitted was for $15,102.51 and it is recommended that a contract reflect a change in the base bid from that figure to $22,018.51. This recommendation is based on the fact that the company submitted a letter stating thaterrorswere made in their base bid as the company has failed to include the labor costs, taxes and insurance on the project, and since this is the only firm basically doing the work for the H.E.B. Tennis Center and since it is urgent that the project begin it is recommended that this change is to the best interest of the City and that it be approved in this fashion by the City. The total contract award includes Alternate No. 1 which provides for the construction of French drains along the west and east sides of the Tennis Center and Alternate No. 3 which provides for the removal and repair of a number of expansion- joints in the sidewalk and access walkways to the courts. j. That a contract for storm sewer improvements on Norton Street from Kostoryz to Annapolis be awarded to Slovak Brothers for $88,383.60, and an appropriation of $95,000.00 be approved for the contract, engineering inspection, laboratory tests and related costs. k. That bids received on the Pump Station "A" Gate Replacement be rejected and the plans be modified to allow the use of a bulkhead inside the outfall structure. Only two bids were received; manufacturers of the gate estimate 4 to 6 months for delivery which will overlap the hurricane season, and bids can be received after the hurricane season and after the project has been Minutes Regular Council Meeting March 21, 1973 Page 5 re-desig ,ed. I. That the City Manager be authorized to make application to the Criminal Justice Council for a grant for the second year implementation of the Police Information System and to accept the grant award if offered. The Police Information System is a three year program to develop instant retrieval of police records from the computer data bank. The three year program is estimated to cost $393,277 with Criminal Justice Council support of $255,000. The second year application requests $135,296 with the City's ,in-kind contribution of $44,259. Portions of the information system are now on-line between the computer and the police station and in the process of being tested. m. That the City Manager be authorized to submit an application to the United States Travel Service of the United States Department of Commerce. The grant funds will be used to conduct an advertising campaign in newspapers and magazines in Mexico to promote tourism in Corpus Christi. The Corpus Christi Area Tourist Bureau will carry out this program on behalf of the City. The program will cost $20,000 on a 50/50 basis with the City's half being allocated from the Hotel -Motel Room tax income. Written comments from the Hotel -Motel Association will be obtained before a grant contract is submitted for Council approval, if the grant is approved. n. That bid award fora Dual Agent Aircraft Rescue Vehicle be made to Walker Motor Truck Co., Y -W Corporation, Burbank, California on the basis of the only bid received for $50,700. The equipment cost is 50% reimbursable by the FAA, and the award is subject to FAA approval. (Bid Tabulation 413-73). o. That Chapter 10, Sections 10-2 and 10-3, City Code, 1958, pertaining to bicycle registration and registration numbers be amended to make provision to expand licensing of bicycles through bicycle retail outlets and to adopt a weather resistant, pre -coated adhesive bicycle license tag in lieu of current metal license tag and seal. p. That Section 4-4, City Code, 1958, be amended to conform to State Law. The Section currently provides that no person shall maintain a business for dispensing or sale of beer within three hundred feet of any church, school or other educational institution. Art. 666-25a, V.A.P.C., authorizes the prohibition of, pt the City Council's discretion, sale of alcoholic beverages within three hundred feet of any church, public school or public hospital. The recommended change would prohibit the maintenance of a business for dispensing and sale of alcoholic beverages within • • Minutes Regular Council Meeting March 21, 1973 Page 6 300 feet of any church, public school, or other educational institution or public hospital, excluding restaurants with at least half of their gross business resulting from sale of food where off-street parking facilities are provided. q. That the City Council go on record by resolution as supporting legislation to require more distance between establishments selling alcoholic beverages and schools and churches by: (1) changing the method of measuring distances from door to door to property line of the school or church to door of the license holder; (2) deleting public hospitals from the law; (3) excluding from the prohibition restaurants with at least 1/3 of their gross business resulting from the sale of food and where off-street parking facilities are provided; and (4) requiring only new applicants to have their door at least 500 feet from the property line of the nearest elementary school or junior high school in addition to the above requirements. r. That contracts be awarded to the following firms for 119 replacement and additional passenger and truck type vehicles for various departments on the basis of low bid meeting specifications: (Bid Tabulation 414-73): CREVELING DODGE MOTOR CO., Corpus Christi - 8 - 4 dr. std. Sedan w/air cond., solid color 29 - 4 dr. std. sedan w/air cond., two-tone 1 - 3/4 ton window van w/o air cond. 1 - 3/4 ton display van w/o air cond. $28,087.60 102,542.55 2,962.65 2,927.75 TOTAL $136,520.55 PAGAN-LEWIS MOTORS, INC., Corpus Christi 1 - 4 dr. std. sedan w/auto. trans., A /C & AM Radio 1 - 4 dr—intermediate sta. wagon w/air cond. TOTAL BOB TURNER FORD SALES, Corpus Christi - 5 - 4 dr. sta. wagons 3/auto. scans. & A/C 18 - 4 dr. compact sedans w/air cond. 29 - 1/2 ton pickup truck w/rear fenders 5 - 3/4 ton pickup truck w/rear fenders 1 - 3/4 ton pickup truck w/wide bed 1 - 10,000 GVW cab & chassis CA 60" 14 - 20,000 GVW cab & chassis CA 60" 2 - 20,000 GVW cab & chassis CA 84" 1 - 20,000 GVW cab & chassis CA 102" 1 - 20,000 GCW crew cab & chassis CA 72" 1 - 23,000 GVW cab & chassis CA 136" 3,347.10 3,168.88 $ 6,515.98 19,285.85 47,551.68 72,735.77 15,152.35 3,030.47 2,836.25 49,075.04 7,055.52 3,566.36 4,118.53 4,450.98 TOTAL $228,858.80 GRAND TOTAL $371,895.33 Nueces County, Corpus Christi Independent School District, the City of Bishop and the City of Port Aransas participated in this cooperative bid reserving the right to make awards for their • • Minutes Regular Council Meeting March 21, 1973 Page 7 requirement;. Bids were received from seven firms. s. That an application be submitted to the Department of Transportation for a grant to the City to provide a demonstration project for the movement of citizens between Robstown and Corpus Christi in order that medical and other facilities available in Corpus Christi be available for their use. This demonstration grant will provide a connecting link between Clarkwood and downtown Corpus Christi and transportation facilities for those people in the labor forces in the two cities that need to commute to one place or the other to seek job employment. The project cost will be $147,000 with the City making a $16,000 cash contribution and an in-kind service of $16,105. The City of Robstown will contribute $16,895 in cash to the project. The City will acquire two buses at the end of the 18 month grant period. The value of the buses will exceed the City's cash contribution. If the project is approved, an advisory committee should be established of residents along the route to encourage ridership and advi'se regarding schedules. t. That the following Certified Public Accounting Firms be employed for the Fiscal Year ending July 31, 1973: Touche Ross & Co - to audit books and records except Tax Division ($16,000), Firemen's Relief & Retirement Fund 1973 ($400); Special audit of Library Grants (if required by State of Texas) ($200); Total $16,600 Gowland, Kincaid, Guy, Fancher & Davis - Tax Division only. This firm audits The books and records of the Corpus Christi Independent School District and the City customarily employs the District's auditor for the Tax Division audit ($1,000) u. That the City concur with the Texas Highway Commission Minute Order which establishes a 65 MPH maximum, 50 MPH minimum speed zone on Padre Island Drive Expressway lanes, from a point 2,000 feet southeast of Airline Road to a point 3,650 feet northwest of Ayers Street. This speed zone covers the new expressway section of Padre Island Drive now open to through traffic. v. That the assessments for Ocean Drive Paving Improvements levied against University of Corpus Christi be cancelled by amending Ordinance No. 9886, closing the hearing concerning improvements to Ocean Drive, by deleting Items 3 and 4, The University of Corpus Christi, and authorizing the release of paving assessment against said UCC, in the amount of $20,244.24 w. That Goldston Engineering Company be engaged to provide engineering services for the design of improvements and repairs to Pump Station "A" and Pump Station "B" in the downtown area. The work includes a bar screen and modifications of the impellers, drive shafts • Minutes Regular Council Meeting March 21, 1973 Page 8 and related work for the pump stations at Power and Water and at Kinney and Water, and that an appropriation of $17,500.00 be approved. These services are for the 1972 Bond Program and were included on the list of Architects and Engineers submitted January 24, 1973. x. That Naismith Engineers be engaged to provide engineering services for Flynn Parkway from Saratoga Boulevard to Hermosa Drive and Shea Parkway from Flynn Parkway to Everhart Road, and that $35,750.00 be appropriated. These services are for the 1972 Bond Program and are as submitted on the list of Architects and Engineers January 24, 1973. y. That Maverick Engineering be engaged to provide the engineering services necessary for the design improvements to McArdle Road from Airline Road to Mount Vernon Park, and an appropriation of $26,000 requested. This is part of the 1972 Bond Program and is as shown on the list of Architects and Engineers presented January 24, 1973. z. That Lockwood, Andrews and Newnam, Inc. be engaged to provide engineering services for the construction of a sanitary sewage lift station and force main from the Laguna Shores Plant to the Wastewater Treatment Plant near Jester Street and Laguna Madre, and an appropriation of $12,750.00 be approved. The project is part of the 1972 Bond Program and in accordance with the recommendations approved by the City Council on January 24, 1973. aa. That Smith & Russo be engaged to provide engineering services for sanitary sewer extensions south of the Tropic Isles Channel in the Flour Bluff area, and that $10,625 be appropriated. This project is in the Bond Program, and the recommendation was included in the list of Architects and Engineers submitted January 24, 1973. bb. That Ogletree & Gunn be engaged to provide engineering services to design the improvements to the Van Galen Ditch Drainage System in the Flour Bluff area, and an appropria- tion of $12,750.00 be approved. This is part of the 1972 Bond Program and is as submitted on the list of Architects and Engineers January 24, 1973. cc. That a contract be authorized with the Little Theatre providing that the Little Theatre will build an auditorium or theatre of approximately 500 seat capacity which would be available to the public when not being used by the Little Theatre in exchange for a site at the corner of Hirsch or Carroll Streets and Water Street near the site of the Corpus Christi Museum. Contract would provide that the City would maintain the grounds and the Little Theatre would be responsible for all building maintenance and related costs. It would also provide that, with the agreement of • Minutes Regular Council Meeting March 21, 1973 Page 9 the City and Little Theatre, a substitute site could be provided by the City should a more desirable site become available during the next 6 to 12 months. The contract would also state that the City would be agreeable to a 5 year lease upon the completion of construction of the building and the building would become the property of the City. Motion by Gonzales, seconded by Branch and passed, that the City Manager's Reports, Items "a" through "cc" be accepted, that the requests and recommendations be granted and approved as presented. Assistant City Manager Walker presented the pending item of Application #1172-1, Eleanor Faltinson, for change of zoning from "R -1B" to "B-4" on Lot 1, Lyle Addition Annex, located at the northwest corner of Greenwood Drive and Gollihar, on which a public hearing was held January 3, 1973. The Council approved "B-1" after the applicant indicated he would voluntarily file deed restrictions prohibiting on -premise consumption of alcoholic beverages. The Commission's recommendation was "B-1" rather than "B-4" due to the smallness of the tract and proximity to a residential subdivision. Mr. Walker stated signed deed restrictions have been submitted. Motion by Gonzales, seconded by Bosquez and passed, that the recommendation of the Planning Commission be concurred in and Application #1172-1, Eleanor Faltinson, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lot 1, Lyle Addition Annex, be denied, but in lieu thereof "B-1" Neighborhood Business District be approved subject to deed restrictions against the on -premise consumption of alcoholic beverages, and that an ordinance be brought forward effectuating the special permit. Mr. Walker stated it k the recommendation of the staff that the Sightseeing Franchise of Al Escalante, dba Corpus Christi Sightseeing Service, be amended before its 3rd reading to provide for a 2% gross receipts charge for street use until December 31, 1973, and 4% thereafter and be in the name of Corpus Christi Sightseeing Service, Inc. I -le explained that the operation holds a Gray Line's franchise, has recently had a large supply of tour guides printed listing rates and the rates are included in a national directory printed in December of each year, and a price change at this time would be costly and mislead clients whose tours are booked in other cities. • • Minutes Regular Council Meeting March 21, 1973 Page 10 Motion by Stark, seconded by Branch and passed, that the ordinance granting Al Escalante dba Corpus Christi Sightseeing Service, a franchise on and over the public streets, alleys and public thoroughfares of the City of Corpus Christi, for the purpose of operating a scenic motor tour service, passed on the first and second readings on February 14 and February 21, 1973, respectively, be amended before the third and final reading as follows: "Amend the caption and Section 2 (A) so as to provide for a two percent (2%) gross receipts charge for street use until December 31, 1973 and four percent (4%) thereafter, said Section 2 to hereafter read as follows: SECTION 2. (A) During the operation of said scenic motor tour service over and upon the public streets, alleys and thoroughfares of the City of Corpus Christi, Texas, under the terms of this franchise, and for the period of this franchise, the owner thereof shall pay tothe City of Corpus Christi, Texas, at the office of the Tax Assessor -Collector, in lawful money of the United States, two percent (2%) of the gross receipts until December 31, 1973, and four percent (4%) of the gross receipts thereafter measured by the total fares collected and other income including advertising receipts derived from the operation of the scenic motor tour service, and/or guide service, or such rate as may be provided in any regulatory ordinance regulating the operation of said scenic motor tour or guide service, whichever may be the greater." • Minutes Regular Council Meeting March 21, 1973 Page 11 ORDINANCE NO. 11364 GRANTING AL ESCALANTE DBA CORPUS CHRISTI SIGHTSEEING SERVICE, A FRANCHISE ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING A SCENIC MOTOR TOUR SERVICE; PROVIDING FOR A CHARGE OF TWO PERCENT (2%) OF GROSS RECEIPTS UNTIL DECEMBER 31, 1973, AND FOUR PERCENT (4%) OF GROSS RECEIPTS THEREAFTER,TO BE PAID ON OR BEFORE THE 10TH DAY OF EACH CALENDAR MONTH FOR THE PRECEDING CALENDAR MONTH; PROVIDING FOR THE FILING OF A STATEMENT OF RECEIPTS WITHIN TEN (10) DAYS FOLLOWING THE END OF EACH CALENDAR MONTH; PROVIDING FOR PUBLIC LIABILITY SECURITY; PROVIDING FOR PROPER SUPERVISION; PROVIDING FOR DATE WHEN THIS GRANT SHALL BECOME EFFECTIVE UPON ACCEPTANCE IN WRITING BY GRANTEE WITHIN THIRTY (30) DAYS. The foregoing ordinance was read for the third time and passed as amended by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano absent. ORDINANCE NO, 11365 THIRD READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH JOE C. BICKHAM COVERING PARCEL NO. 10-A BETWEEN HEARN ROAD AND MAGEE LANE (GREENWAY WATER LINE EASEMENT PURCHASED FROM JOE C. BICKHAM), CONTAINING 3.937 ACRES, FOR A TERM OF FIVE (5) YEARS, FOR GRAZING LAND, AT AN ANNUAL RENTAL OF $120, A COPY OF SAID LEASE AGREE- MENT BEING ATTACHED HERETO FOR ALL PERTINENT PURPOSES, MARKED EXHIBIT "A". The foregoing ordinance was read for the third time and passed finally by the fol- lowing vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano absent. RESOLUTION NO. 11366 THIRD READING OF A RESOLUTION DECLARING THAT THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI SUPPORTS THE PROVISIONS OF ARTICLE 6252-17, V.A.C_S„ "THE OPEN MEETINGS LAW"; DECLARING INTENT TO FULLY COMPLY WITH STATE LAW TO THE END THAT THE CITIZENS OF THIS CITY MAY BE FULLY INFORMED OF THE ACTIONS OF THE CITY COUNCIL AND DECLARING THAT EVEN THOSE MEETINGS ALLOWED TO BE CLOSED UNDER LAW ARE DECLARED TO BE AND SHALL BE OPEN TO THE PUBLIC. The foregoing resolution was read for the third time and passed finally by the fol- lowing vote: Sizemore, Bonniwell, Branch, Gonzales and Stark, present and voting "Aye"; Bosquez voting "Nay"; Lozano absent. Motion by Stark, seconded by Branch and passed, that the ordinance entitled "Authorizing and Directing the City Manager to enter into a contract with Mr. Buford Nicholson to temporarily furnish water and sewer lines to a certain tract of land located between IH 37 and Turkey Creek, adjacent to the extension of Rand Morgan Road outside of the city limits under certain terms and conditions . . . ", read on two of three readings, • Minutes Regular Council Meeting March 21, 1973 Page 12 on March 7, 1973 and March 14, 1973, respectively, be amended before its third and final reading by amending the Contract and Agreement authorized thereby so as to indicate that Buford Nicholson is agent and attorney-in-fact of the owners of the surface estate in and to the said tract of land desiring temporary water and sewer lines. ORDINANCE NO. 11367 THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANA- GER TO ENTER INTO A CONTRACT WITH MR. BUFORD NICHOLSON TO TEMPORARILY FURNISH WATER AND SEWER LINES TO A CERTAIN TRACT OF LAND LOCATED BETWEEN INTERSTATE 37 AND TURKEY CREEK, ADJACENT TO THE EXTENSION OF RAND MORGAN ROAD OUTSIDE THE CITY LIMITS UNDER CERTAIN TERMS AND CONDITIONS IN ACCORDANCE WITH THE ATTACHED CONTRACT WHICH IS MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally as amended by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano absent. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MARGIE BENNETT FOR CONCESSION PRIVILEGES AT THE CONCESSION BUILDING AT THE PEOPLES STREET T -HEAD, SAID AGREEMENT TO BE FOR A PERIOD OF FIVE YEARS, ALL AS MORE FULLY DESCRIBED IN THE AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to third reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano absent. FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AMENDING SECTION 21-155, SCHEDULE III, "PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS", BY ADDING THERETO AN ITEM WHICH WILL HAVE THE EFFECT OF PROHIBITING PARKING AT ALL TIMES ON BOTH SIDES OF LEOPARD STREET, FROM THE INTERSECTION OF PORT AVENUE AND LEOPARD STREET WESTWARD TO THE INTERSECTION OF KENNEDY AVENUE AND LEOPARD STREET; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to second read- ing by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano absent. ORDINANCE NO. 11368 AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT FOR THE ACQUISITION OF PARCEL NO. 33 OF THE SOUTH STAPLES STREET PROJECT FROM PADRE ISLAND DRIVE TO SARATOGA BOULEVARD, FROM THE OWNERS, W. K. COWLING AND WIFE, CHRISTINE COWLING; APPROPRIATING OUT OF NO. 220 STREET BOND FUND $717, TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10366, PASSED AND APPROVED BY THE CITY COUNCIL ON JULY 21, 1971, ALL APPLICABLE TO PROJECT NO. 220-70-107; AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting March 21, 1973 Page 13 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano absent. RESOLUTION NO. 11369 ENDORSING PUBLIC LAW 92-402, 92ND CONGRESS, AUTHORIZING ANY STATE TO APPLY TO THE SECRETARY OF COMMERCE FOR LIBERTY SHIPS TO BE SUNK FOR USE AS AN OFFSHORE ARTIFICIAL REEF FOR CONSERVATION OF MARINE LIFE; AUTHORIZING AND DIRECTING THE CITY SECRETARY TO FORWARD COPIES OF THIS RESOLUTION TO CERTAIN ELECTED REPRESENTATIVES; AND DECLARING AN AMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano absent. ORDINANCE NO. 11370 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 MRS. ELEANOR FALTINSON BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 1, LYLE ADDITION ANNEX, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS 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 and Stark, present and voting "Aye"; Lozano absent. ORDINANCE NO. 11371 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SLOVAK BROTHERS, FOR THE CONSTRUCTION OF NORTON STREET STORM SEWER IMPROVE- MENTS, PROJECT NO. 296-70-4; APPROPRIATING OUT OF THE NO. 296 STORM SEWER H.U.D. GRANT BOND FUND $95,000, OF WHICH $88,383.60 IS APPLICABLE TO THE CONSTRUCTION CONTRACT AND $6,616.40 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano absent. ORDINANCE NO. 11372 APPROPRIATING OUT OF NO. 207 PUBLIC BUILDING BOND FUND THE SUM OF $1,500,000 FOR THE ACQUISITION OF LAND, BUILDINGS AND FACILITIES OF THE UNIVERSITY OF CORPUS CHRISTI TO ESTABLISH THE UPPER LEVEL COLLEGE IN • Minutes Regular Council Meeting March 21, 1973 Page 14 CORPUS CHRISTI, DESIGNATED AS PROJECT NO. 207-72-1; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano absent. ORDINANCE NO, 11373 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH NAISMITH ENGINEERS, INC., FOR ENGINEERING SERVICES FOR THE DESIGN OF IMPROVE- MENTS TO FLYNN PARKWAY FROM SARATOGA BOULEVARD TO VICINITY OF HERMOSA DRIVE, AND SHEA PARKWAY FROM FLYNN PARKWAY TO EVERHART ROAD, PROJECT NO. 295-72-9, A COPY OF WHICH CONTRACT IS ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF; APPROPRIATING OUT OF THE NO. 295 STORM SEWER BOND FUND $35,750 FOR SAID 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 and Stark, present and voting "Aye"; Lozano absent. ORDINANCE NO. 11374 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH LOCKWOOD, ANDREWS & NEWNAM, INC FOR ENGINEERING SERVICES REQUIRED FOR THE DESIGN OF THE LAGUNA SHORES LIFT STATION AND FORCE MAIN, PROJECT NO. 250-72-4, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; APPRO- PRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND $12,750 FOR SAID 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 and Stark, present and voting "Aye"; Lozano absent. ORDINANCE NO. 11375 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SMITH & RUSSO, ASSOCIATED ARCHITECT AND ENGINEERS, FOR ENGINEERING SERVICES FOR THE DESIGN OF SANITARY SEWER LIFT STATION, COLLECTORS, MAINS, AND LATERALS TO SERVE THE AREA SOUTH OF THE MAIN CHANNEL AT TROPIC ISLES SUBDIVISION AND GENERALLY BETWEEN WALDRON ROAD, MEDITERRANEAN AVENUE, THE LAGUNA MADRE AND KING RANCH, PROJECT NO. 250-72-6, AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF; APPROPRIATING OUT OF THE NO. 250 SANITARY SEWER BOND FUND $10,625 FOR SAID SERVICES; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting March 21, 1973 Page 15 The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano absent. ORDINANCE NO. 11376 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH OGLETREE & GUNN ENGINEERING FOR ENGINEERING SERVICES FOR THE DESIGN OF IMPROVE- MENTS TO THE VAN GALEN DITCH DRAINAGE SYSTEM, PROJECT NO. 295-72-7, AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF; APPROPRIATING OUT OF THE NO. 295 STORM SEWER BOND FUND $12,750 OF WHICH $11,250 IS FOR ENGINEER'S STANDARD FEE AND $1,500 15 FOR FEE TO PREPARE AN ENVIRONMENTAL IMPACT STATEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano absent . ORDINANCE NO. 11377 APPROPRIATING OUT OF NO. 220 STREET BOND FUND $27,870.10 FOR THE PUR- CHASE OF TRAFFIC SIGNAL EQUIPMENT AS FOLLOWS: 1. SIX POINTS AND LEOPARD NEAR COKE TRAFFIC SIGNAL IMPROVEMENTS, PRO- JECT NO. 220-67-88.4, $14,441.10; AND 2. STAPLES-BALDWIN INTERSECTION, 18TH STREET TO ANNAPOLIS DRIVE, PROJECT NO. 220-67-94, $13,429; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano absent. ORDINANCE NO. 11378 AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE UNITED STATES TRAVEL SERVICE OF THE UNITED STATES DEPARTMENT OF COMMERCE FOR THE PURPOSE OF REQUESTING $10,000 IN FEDERAL FUNDS FOR THE PURPOSE OF CONDUCTING AN ADVERTISING CAMPAIGN IN MEXICO PRO- MOTING TOURISM IN CORPUS CHRISTI; AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS AS MAY BE NECESSARY TO IMPLEMENT THE PROPOSED PROGRAM; APPROPRIATING OUT OF FUND NO. 103, ACTIVITY 5501, THE SUM OF $10,000 AS THE CITY'S SHARE FOR CONDUCTING THE AFORESAID ADVERTISING CAMPAIGN IN MEXICO PROMOTING TOURISM IN CORPUS CHRISTI; AND DECLAR- ING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano absent. Minutes Regular Council Meeting March 21, 1973 Page 16 RESOLUTIONNO. 11379 • AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPOR- TATION, UNITED STATED OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Sizemore, Bonniwell, Branch, Bosquez, Gonzales and Stark, present and vot- ing "Aye"; Lozano absent. ORDINANCE NO, 11380 AMENDING ORDINANCE NO. 10535, PASSED AND APPROVED ON OCTOBER 27, 1971, SO AS TO CORRECT THE DESCRIPTION OF AREA ABUTTING THE PORTION OF MOORE STREET WHICH WAS CLOSED BY SAID ORDINANCE; 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 and Stark, present and voting "Aye"; Lozano Absent. ORDINANCE NO. 11381 AMENDING CHAPTER 10 BY AMENDING SECTIONS 10-2 AND 10-3, CITY OF CORPUS CHRISTI CODE, 1958, PERTAINING TO BICYCLE REGISTRATION AND REGISTRATION NUMBERS, TO MAKE PROVISION TO EXPAND LICENSING OF BICYCLES THROUGH BICYCLE RETAIL OUTLETS AND TO ADOPT A WEATHER RESISTANT, PRE -COATED ADHESIVE BICYCLE LICENSE TAG IN LIEU OF CURRENT METAL LICENSE TAG AND SEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND DECLAR- ING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano absent. RESOLUTION NO. 11382 SUPPORTING LEGISLATION TO CHANGE THE METHOD OF MEASURING DISTANCES BETWEEN ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES AND PUBLIC SCHOOL OR CHURCHES: TO DELETE PUBLIC HOSPITALS FROM THE DISTANCE RULE; TO EXCLUDE FROM THE PROHIBITION RESTAURANTS WITH AT LEAST ONE-THIRD OF THEIR GROSS RECEIPTS RESULTING FROM THE SALE OF FOOD WHERE OFF-STREET PARKING FACILI- TIES ARE PROVIDED; TO REQUIRE APPLICANTS FOR NEW PERMITS FOR SALE OF ALCOHOLIC BEVERAGES TO BE AT LEAST 500 FEET FROM THE PROPERTY LINE OF THE NEAREST ELEMENTARY OR JUNIOR HIGH SCHOOL EXCEPT FOR RESTAURANTS WHICH MEET CERTAIN REQUIREMENTS; DIRECTING THE CITY SECRETARY TO FORWARD COPIES OF THIS RESOLUTION TO THE NUECES COUNTY STATE DELEGATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano was absent. • • Minutes Regular Council Meeting March 21, 1973 Page 17 FIRST READING OF AN ORDINANCE AMENDING SECTION 4-4, CORPUS CHRISTI CITY CODE, 1958, 50 AS TO PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES AS DEFINED BY ARTICLE 666-25a, V.A.P.C. WITHIN THE CORPORATE LIMITS OF THE CITY WITHIN THREE HUNDRED FEET OF ANY CHURCH, PUBLIC SCHOOL OR OTHER EDUCATIONAL INSTITU- TION OR PUBLIC HOSPITAL; PROVIDING A METHOD OF MEASURING SAID DISTANCE; PROVIDING CERTAIN EXCEPTIONS; PROVIDING A PENALTY; PROVIDING FOR PUBLICA- TION; AND PROVIDING SEVERANCE. The foregoing ordinance was read for the first time and passed to second reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano was absent. ORDINANCE NO. 11383 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH GOLDSTON ENGI- NEERING COMPANY FOR ENGINEERING SERVICES FOR THE DESIGN OF IMPROVEMENTS AND REPAIRS TO PUMP STATION A AND PUMP STATION B, PROJECT NO. 295-72-1, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; APPROPRIATING OUT OF THE NO. 295 STORM SEWER BOND FUND $17,500 FOR SAID SERVICES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Branch and Stark, present and vot- ing "Aye"; Lozano absent. ORDINANCE NO. 11384 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MAVERICK ENGI- NEERING COMPANY FOR ENGINEERING SERVICES FOR THE DESIGN OF IMPROVEMENTS TO MCARDLE ROAD FROM AIRLINE ROAD TO MOUNT VERNON PARK, PROJECT NO. 220-72-3, A COPY OF WHICH CONTRACT 15 ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $26,000 OF WHICH $24,500 IS FOR ENGINEER'S FEES AND $1,500 FOR INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano absent. ORDINANCE NO. 11385 CLOSING THAT PORTION OF WEBER PARKWAY BEGINNING AT THE NORTH BOUNDARY LINE OF HERNDON STREET AND EXTENDING IN A NORTHWARD DIRECTION TO THE BAY SHORE BIBLE CHURCH PROPERTY, IN HOPPER ADDITION UNIT 2, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE RETENTION BY THE CITY OF A 10 -FOOT UTILITY EASEMENT WHERE EXISTING UTILITY LINES ARE LOCATED; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. • • Minutes Regular Council Meeting March 21, 1973 Page 18 The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano absent. ORDINANCE NO. 11386 CLOSING THE ALLEY WHICH RUNS FROM NEAL STREET TO GULFSPRAY AVENUE, THROUGH BLOCK 18, IN BROOKLYN ADDITION, WHICH ALLEY RUNS PARALLEL TO NORTH SHORE- LINE BOULEVARD AND GULFBREEZE BOULEVARD, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO SAID BLOCK 18 BEING REPLATTED AS ONE LOT AND SUBJECT TO THE EXISTING SEWER LINE IN SAID ALLEY BEING ABANDONED IN PLACE AND PLUGGED, OR USED IF NO INFILTRATION; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano absent. RESOLUTION NO. 11387 EXPRESSING SUPPORT FOR CHANGES IN STATE LAW TO RESTRICT PUBLIC DISPLAY AND SALE OF OBSCENE AND/OR PORNOGRAPHIC MATERIAL IN ACCORD WITH THE STATE AND UNITED STATES LAWS AND CONSTITUTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano absent. ORDINANCE NO. 11388 AMENDING SECTION 21-2 OF THE CORPUS CHRISTI CITY CODE, CHAPTER 21, ARTICLE I, BY AMENDING THE DEFINITION OF "SCHOOL ZONE" SO AS TO DELETE REFERENCE TO INITIALS "M.P.H." FROM SCHOOL ZONE SIGNS AND DELETING REFERENCE TO PAINTING ZONE LIMITS ON THE PAVEMENT; PROVIDING SEVERABILITY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano absent. ORDINANCE NO. 11389 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CASEY & GLASS, INC. FOR THE CONSTRUCTION OF H.E.B. TENNIS CENTER COURT REPAIRS; APPRO- PRIATING OUT OF THE NO. 299 SPECIAL PROJECT FUND $29,000 OF WHICH $28,277.67 IS FOR THE CONSTRUCTION CONTRACT AND $722.33 15 FOR CONTIN- GENCIES AND INCIDENTAL EXPENSES, APPLICABLE TO PROJECT NO. 299-73-1; AND DECLARING AN EMERGENCY. • • Minutes Regular Council Meeting March 21, 1973 Page 19 The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano absent. ORDINANCE NO. 11390 AUTHORIZING THE CITY MANAGER TO CONVEY TO BONIFACIO LEAL A TRACT OF LAND DESCRIBED AS LOT 17, BLOCK 8 (H), MONTE VISTA SUBDIVISION, IN THE CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS, UPON THE PAYMENT OF $400 CASH CONSI- DERATION FOR SAID PARCEL, A COPY OF INSTRUMENT CONVEYING THE SAME BEING ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano absent. ORDINANCE NO. 11391 AMENDING ORDINANCE NO. 9886, PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST 12, 1970, CLOSING THE HEARING ON STREET IMPROVEMENTS FOR OCEAN DRIVE, FROM APPROXIMATELY 120 FEET EAST OF THE EASTERLY RIGHT OF WAY LINE OF ALAMEDA STREET TO THE NORTH GATE OF THE NAVAL AIR STATION, IN THE CITY OF CORPUS CHRISTI, BY CANCELLING AND DELETING ITEMS 3 AND 4, FOR PAVING ASSESSMENTS AGAINST THE UNIVERSITY OF CORPUS CHRISTI; AUTHO- RIZING RELEASE OF SPECIAL ASSESSMENT IN THE AMOUNT OF $20,244.24 PLUS ANY INTEREST DUE AND OWING THE CITY FOR SAID ASSESSMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano absent. • Minutes Regular Council Meeting March 21, 1973 Page 20 Assistant City Manager Walker presented the ordinance approving a new rate schedule for the furnishing of electricity and electric service by Central Power & Light Company, passed on first and second readings on March 7, 1973 and March 14, 1973, respectively, and stated he felt the Council should be made aware of some problems which have come to the attention of the Staff in calculating the two percent rate increaserecommendedby the City's rate consultant Dr. John K. Langum. He pointed out that three months of 1973 have passed; that the ordinance cannot be made retroactive, and in effect, Central Power & Light will only be able to apply two percent to the remainder of this year and there might be a need for some equity to make up the money lost from the first three months. He stated that although Dr. Langum had recommended,. a; two percent increase, he was not sure the ordinance would give the two percent increase over the full year because of the three months which have passed. Mr. Walker also stated that with the energy crisis the fuel cost adjustment clause in the ordinance might not be flexible enough to meet rising fuel costs, and that more time is needed to make calculations if Central Power & Light would make its authorized two percent profit increase for the full year with only nine months billing and no allowance made if it exceeds the 35 cents per 1 million BTU. He stated the Staff had hoped to make the calculations before the third reading of the ordinance, but time had not permitted this to be done, that a delay of one week would not be affected by the moratorium and that would be his recommendation. The question arose as to whether or not a public hearing would be required and what procedure would be needed for the company to get an increase because of higher fuel costs, and City Attorney Riggs first stated a public hearing would not be required; that the hearing is for the benefit of the utility company and they could waive the hearing if they so desired. Mayor Pro Tem Bonniwell disagreed with this ruling and after a further search of the Law Mr. Riggs later retracted that ruling and stated a public hearing would be required. The motion by Branch, seconded by .B'onniwell to table the ordinance until next week on the basis of the Staff's recommendation, was withdrawn. Mr. David Perry, Attorney representing the Consumer's Association, stated the attempt to delay the passage of the ordinance was an excuse brought by CPL to secure a delay. He stated the discussions between the Staff and CPL were an improper attempt to influence the Staff out of the public view. He pointed out that there were no representatives of the Company • Minutes Regular Council Meeting March 21, 1973 Page 21 present at this time and two weeks ago when the ordinance was read the first time the Company had not made any mention of this matter. He stated the amount of money involved is insignifi- cant in comparison to the issues, and that the Council should pass the ordinance finally today. Commissioner Stark stated he shared Mr. Perry's concern on the lateness of the issue but that it had been his impression all along that the two percent increase was for the calendar year of 1973, and that he would like more time to review the record. Motion by Stark, seconded by Bosquez and passed, that the ordinance approving a new rate schedule for Central Power & Light Company be deferred until after the public hearings on zoning applications scheduled for 4 p.m. * * * * * * * * Mayor Sizemore reconvened the Regular Meeting at 6:15 p.m. Assistant City Manager Walker reported that during the recessed meeting a telephone call had been made to Dr. Langum in Chicago and that Dr. Langum stated it was his recommendation that the two percent rate increase in the fuel adjustment clause of the ordinance should apply- over the full year of 1973, Mr. Walker stated that the ordinance now before the Council is not drafted to accomplish that. Mayor Pro Tem Bonniwell stated he concurredwith the recommendation of Dr. Langum and maintained that the ordinance is not consistent with his recommendation. Commissioner Stark expressed the feeling that due to the inconsistencies of presentations made to the Council, the Council should follow the recommendation of the consultant which according to his interpretation, was for the calendar year 1973. Mr. Perry commented that he felt there should be no rate increase at all, but if the Council decides to allow the company to pick up the loss they may have incurred in the first three months of this year, then the action should be conditioned on their making a refund of excess profit on a dollar and cents basis obtained in 1972. Commissioner Branch made the statement that he was concerned that this matter was not brought before the Council in an official way by representatives of Central Power and Light Company instead of being brought to the Staff, and that it was his understanding that the rate increase was to go into effect with the passage of this ordinance. • Minutes Regular Council Meeting March 21, 1973 Page 22 Commissioner Gonzales stated R was his opinion that since Central Power & Light had not asked the Council for the three months gone by, there was no reason now to grant the request. Mr. Walker explained that it was not the practice of the Staff to prevent persons of the community coming to the Staff for information or consultations on matters of concern to them, and that they depend on the Staff to bring these matters to the Council. He commented that that doesn't necessarily mean that the Staff is in agreement with them. Commissioner Bosquez expressed the feeling that the two percent increase should be granted effective from the date of passage of the ordinance, and suggested that it could still be twelve months through March of 1974. He stated he did not favor any retroactive consideration. Mayor Pro Tern Bonniwell stated he would prefer to approve the ordinance at this time as written and take another look at it at the end of the year and if necessary, call another public hearing. He commented if Central Power & Light Company makes the amount of money in nine months that Dr. Langum is talking about, then they would not need an increase. Mayor Sizemore pointed out the tight time schedule in which the Council had been working, and commented that much of the time it had not been possible to have everyone available. Motion by Stark that the ordinance be deferred for one week. The motion died for lack of a second. Mayor Sizemore asked Mr. Walker to bring forth the ordinance and that City Secretary Kring poll the Council. ORDINANCE NO. 11392 THIRD READING OF AN ORDINANCE MAKING FINDINGS OF,FACT; APPROVING A NEW -RATE SCHEDULE FOR THE FURNISHING OF ELECTRICITY AND ELECTRIC SERVICE WITHIN THE CITY OF CORPUS CHRISTI, TEXAS, BY CENTRAL POWER & LIGHT COMPANY; REQUIRING A WRITTEN STATEMENT ON COST OF FUEL; PROVIDING THAT THIS ORDINANCE SHALL NOT LIMIT POWERS OF REGULATION OF THE CITY; PROVIDING FOR NO CONTEST ON ANY RATE BASE ON ANY TEST YEAR UNDER CERTAIN CIRCUMSTANCES; ADAPTING 1964 RATES FILED WITH THE CITY AND REPEALING 1959 RATES; PROVIDING SEVERABILITY; PROVIDING AN EFFECTIVE DATE. The foregoing ordinance was read for the third time and passed finally as amended by the following vote: Sizemore, Bonniwell, Bosquez, Branch, and Gonzales present and voting "Aye; Stark voting "Nay"; Lozano absent. • Minutes Regular Council Meeting March 21, 1973 Page 23 Commissioner Stark stated he voted "Nay" on the foregoing ordinance on the basis that he felt the recommendation of the rate consultant should be followed, and that it was his understanding that the two percent rate increase was to be for the calendar year of 1973. There being no further business to come before the Council, the meeting was adjourned at 7:00 p.m. March 21, 1973.