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HomeMy WebLinkAboutMinutes City Council - 04/04/1973MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING April 4, 1973 3:00 P.M. PRESENT: • Mayor Ronnie Sizemore Mayor Pro Tem Chas. A. Bonniwell Commissioners: Roberto Bosquez, M.D. City Manager R. Marvin Townsend Rev. Harold T. Branch City Attorney James R. Riggs Thomas V. Gonzales City Secretary T. Ray Kring Gabe Lozano, Sr. J. Howard Stark Mayor Sizemore called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Reverend Norman Roe, Pastor of Wesley United Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Special Meeting of March 21, 11:00 a.m.; of the Special Meeting of March 21, 4:00 p.m.; and Regular Meeting of March 21, 1973, at 3:00 p.m. were approved as submitted to the Council. Mayor Sizemore announced the issuance of proclamations relative to the following: EARTH WEEK, April 9 through 15, 1973; PAN AMERICAN DAY, April 14, 1973; and PAN AMERICAN WEEK, April 9 through 15, 1973; BARBERSHOP HARMONY WEEK, April 8, 1973; DEFENSIVE DRIVING WEEK; and ACTION FOR FOSTER CHILDREN WEEK, April 8 thru 4, 1973. Mayor Sizemore presented awards from the Texas Safety Association for outstanding industrial safety as follows: Mr. Paul Werner, Water Division of the Public Utilities Department, working a total of 404,204 hours with 8 disabling injuries and a frequency rate of 19.7; and Mr. Kenneth Krenek of Parks and Recrea- tion Department, working 285.032 hours with 8 disabling injuries and a frequency rate of 21,0. Mr. Ron Jones, Safety Engineer, and the respective Department Heads participated in the presentation. Bids were opened and read by Director of Engineering Services on the Austin School Area Street Improvements, from the following firms: Heldenfels Brothers; Burtex Constructors, Inc.; Asphalt Maintenance Company; and Asphalt Paving Company. 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. • • Minutes Regular Council Meeting April 4, 1973 Page 2 Mayor Sizemore, on behalf of the Council, expressed sympathy to Captain James Acuff on the recent death of his father in Coronado, California. Motion by Stark, seconded by Branch and passed, that the action of the Council of March 21, 1973 in connection with zoning Application #273-9, Sidney Bishop, Jr. be rescinded and that the matter be reconsidered at the proper time during this meeting. Mayor Sizemore called for the City Manager's Reports, and City Manager Townsend presented requests and recommendations with related comments and explana- tions, as follows: 1. FINANCE AND PURCHASING: a. That all bids for the Diazoprinter System be rejected. Bid Invitations were sent to five firms with only one bid, Nixon Blue Print Co., meeting specifications. Insufficient money was budgeted so a re-evaluation of requirements is indicated to determine if a smaller machine will suffice. (Bid Tabulation 423-73) b. That the bid award for a 5 -gang tractor mower be made to Watson Distributing Company, San Antonio, Texas, on the basis of only bid received for a total price of $6,586. This price indicates an increase of 19% over a like purchase in January, 1971. (Bid Tabulation #19-73) c. That bid award be made to GMC Truck and Coach Div., Dallas, Texas, for a 47 -passenger Parlor Coach for the Transit Division, on the basis of their low bid of $59,648.90. Bids were received from two firms. Funds are in the General Revenue Sharing Budget, first entitlement period. (Bid Tabulation #20-73) d. That Modular Ambulance Corporation, Dallas, Texas, be awarded the bid for six modular type ambulances for a total of $106,107.54. The specifi- cations for these ambulances were approved by the Hospital District and the Medical Society. Funds were approved in the first entitlement period of revenue sharing. (Bid Tab. #24-73) e. That the City accept the offer of Mr. Durward Thompson, Jr., to purchase surplus City property - a triangular shaped tract of land 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 for $375. Mr. Thompson's bid was the only bid received. This small tract became surplus as a result of closing a portion of Weber Parkway Street on 3-21-73 plus a small adjacent triangular tract of land. (Bid Tabulation #21-73) • • Minutes Regular Council Meeting April 4, 1973 Page 3 f. That the award for two Sanitary landfill Compactors be made to Anderson Machinery Company, Corpus Christi, for their low bid of $127,500. This price includes $2,500 for trade-in of one bulldozer. Bids were received from four firms. Funds have been made available in the 1972-73 budget for this purchase. (See subsequent motion) (Bid Tabulation #22-73) g. That a contract be awarded to F. J. Graham, Corpus Christi, for a five-year lease on the "L" Head Bait Concession for 12 percent of gross or $200 per month, whichever is greater. Bids were received from four firms. Mr. Graham will pay Mr. Mike Chapa $1,980 for the existing bait stand shed. h. That Workmen's Compensation Insurance be purchased from Continental Insurance Company for the policy year March 31, 1973 to March 31, 1974 for a guaranteed cost estimated at $341,914. This coverage provides for payment of all claims as pro- vided by law. Fourteen companies were invited to submit proposals: Continental Insurance Company, Highlands Insurance Company, and Texas General Indemnity Company. Continental Insurance Company offered the lowest guaranteed cost. Funds are provided in the 1972-73 budget. i. That the City Manager be authorized to issue a change order to the existing contract with General Electric to include additional two-way mobile trans- mitters for equipping six ambulances on the 150 MHZ and the 450 MHZ bands and related base station equipment. Two radios will be installed in each ambulance and will have the capability to communicate with the existing fire and police divisions and the hospitals system. 2. ENGINEERING SERVICES: a. That the contract for the repairs to the pabement of Fire Station No. 7 be awarded to Asphalt Paving and Construction Company for $4,603 after the correction was made to Item No. 2 and the amount reduced from 2,150 square yards of repair to 200 square yards of repair to reflect the actual work needed at Fire Station No. 7. This reduces the Asphalt Paving and Construction Company bid from $15,328 to $4,603. b. That a contract be authorized with Port Ayers Associates Incorporated; Gandy Robertson, Inc. and Keith E. Greer, Sr. for improvements to Dillon Lane from Gollihar Road northeasterly approximately 450 feet. The property owners will pay $17,532.84 for the construction of the street. The City will pay the difference between the property owners' cost or approximately $7,467. • • Minutes Regular Council Meeting April 4, 1973 Page 4 c. That a contract for the construction of Dillon Lane be awarded to Asphalt Maintenance Construction Company for $23,451.61. The total construction cost will be shared by agreement between the property owners and the City. An appro- priation of $25,000 is requested to cover the award and related expenses. d. That the City Manager be authorized to execute an agreement with Nicholson Building Supply Co., Inc., developers of Carroll Place Unit 6, Lots 11 thru 22, Block 1, for the construction of curbs, gutters, sidewalks, and one-half the street pavement around the public park in the subdivision and that $6,177.86 be appropriated for the City's share including $5,746.85 for construction and $431.01 for engineering, all as authorized in the Platting Ordinance. e. That a contract for the extension of minor storm sewers at 9 locations be awarded to Maverick Construction, including: (1) Ben Garza Park from the park to Comanche, (2) Casa de Oro to Kostoryz near Norton Street, (3) Green Grove Drive, from Alexander to Gollihar, (4) Westwood from Cedar to Carroll Lane, (5) Hayward Drive from Ray Drive to South Staples, (6) Elimination of ditch behind Shephard Drive at the Oso Golf Course, (7) Bush Street from Padre Island Drive to West Point Road, (8) Baldwin Boulevard extension across Highway 44, and (9) Robinhood and Sherwood to Dody. An appropriation of $91,000 is requested for the contract of $85,801.66 and a contingency of $5,198.34. f. That a contract be authorized with Saratoga Land Company, developers of Country Club Estates Unit 26, whereby the City will reimburse the developer for construction of curbs, gutters, sidewalks, and one-half the street pavement bounding the public park in the subdivision, all as provided in the Platting Ordinance and that $5,436.55 be appropriated, including $5,057.26 for construction and $379.29 for engineering. g. That the contract with Asphalt Maintenance Co., Inc., for Airport Addition and Moravian Drive Street Improvements, be accepted, that $1,500 be appro- priated to supplement previous appropriations, that an extension of 61 working days be granted due to delays in adjusting utilities and additional work provided by change order, and that final payment of $39,653.17 be approved. The total work done is $200,982.59. h. That the only bid received on the Oso Bay Boat Ramp & Fishing Pier be rejected and the plan modified so that we can readvertise for bids as soon as a • Minutes Regular Council Meeting April 4, 1973 Page 5 revised budget has been submitted and approved by the Texas Parks and Wildlife Depart- ment indicating an amendment to the grant. i. That the No. 102 General Fund be reimbursed $106,167.99 for engineer- ing services during the period of August 1, 1972 thru January 31, 1973, on various Bond Fund projects and that $91,223.83 be appropriated to supplement remaining con- tingency funds of $14,944.16. Engineering Services were rendered to Sanitary Sewers, Storm Sewers and Paving Projects. j. That the Public Hearing on the assessments for Horne Road from Columbia to McArthur Street and Columbia from Horne Road to Lolita be closed and the corrected assessment roll be adopted. The assessment roll reflects a reduction in the rate for Item 3 (Lulac Village), and Item 31 (Carmelite Nursery), from $14.71 per linear foot for curb and gutter and pavement to $4.75. It is recommended that the assessment of Horne Road near Greenwood remain at non-residential rates. k. That the contract for the construction of Horne Road from Columbia to McArthur and Doddridge Street Improvements near Pope Drive be awarded to Burtex Constructors for $270,328.65. An appropriation of $290,000.00 is requested to cover the award and related expenses. 1. That the assessment rate for the Cliff Maus Village project on West Point Road be revised from $9.87 per linear foot assessed by Ordinance no. 11122 to $4.75 per linear foot for curbs, gutters and pavement. This recommendation is consistent with the recommendations made on the Lulac Village project on Horne Road and it would provide the same assessment rate for both non-profit rent supplement projects. m. That contracts be entered into with McCaughan and Etheridge and Urban Engineers for the development of plans and specifications for sewer facility improvements and updating of the related master plans. The projects include the major trunk main from the Saratoga area to the Oso Plant and Broadway and Allison Plant improvements. n. That Columbia Street from Bloomington to Lolita be added to the Horne Road Project by Change Order to be approved after the public hearing on the assessments to the abutting property owners. o. That the firm of Page, Southerland, Page & Whittet be engaged to provide the architectural services necessary for the finishing of the Museum Build- ing No. 2. An appropriation of $5,950 is requested. The firm already has an • • Minutes Regular Council Meeting April 4, 1973 Page 6 architectural contract for Building No. 2 and this recommendation is merely an amend- ment to that contract to provide for the finishing of the interior. This is part of the 1972 Bond Program and this firm is on the list recommended for architects and engineers presented January 24, 1973. p. That a Change Order of $4,646.97 be approved to the Greenwood Pool Contract with Emil Stefek, General Contractor for the planting of St. Augustine Grass within the area between the pool deck and the perimeter walk. An appropriation of $4,646.97 is requested. The grass was to be included in the park improvement contract but should be planted now to be ready when the pool is completed. This Change Order will be paid from the already appropriated first entitlement revenue sharing money. q. That the plans and specifications for the improvements to Prescott Street from Gollihar Road to the Crosstown Expressway and the Prescott Park drainage improvements be approved and bids be received on April 25. The street improvements on Prescott will include new curbs, gutters, sidewalk, driveway, pavement and storm sewers in Vestal, Karen, Harriett and Islla Streets. r. That appraisals be authorized for the expansion of the Bayfront Park. 89 Parcels are involved, and the work will be divided among 5 local appraisers. (See Ordinances Nos. 11456, 11457, 11458, 11459 and 11460) 3. MISCELLANEOUS: a. That an easement located in Lots 9 and 10, Block 1; Lots 9 and 10, Block 2; Lots 25 and 26, Block 2; and Lots 9 and 10, Block 3, Briarwood Subdivision, Unit 3, be closed. The request is from Maverick Engineering Company and the affected departments concur. The Subdivision is being replated. A new easement is being dedicated to replace this easement. b. That the City enter into an agreement with the Nueces County Hospital District to operate a public ambulance service. The Hospital District will provide training and medical supervision of the program and establish and supervise client billing and collecting for services rendered. The City will provide ambu- lances, equipment, manpower, and the necessary records as required by the Hospital District. The City and Hospital District will each underwrite 50% of the total cost. The ambulance service is scheduled to be operational in the latter part of September or the early part of October dependent upon delivery of ambulances and radio equipment. • • Minutes Regular Council Meeting April 4, 1973 Page 7 c. That the City enter into a contract with the State to provide a physical screening program for children of the Welfare Program. This will provide eye and blood examinations and chest X-rays. The City will be reimbursed monthly for expenditures on a 1007. basis. d. That approval to accept the letter of indemnification of Neilson Enterprises, Inc. for Gen Oil Inc., a wholly owned subsidiary, in lieu of bonding and insurance requirements of Land Drilling Ordinance No. 8879, be authorized. Neilson Enterprises, Inc., have a net worth in excess of $12,000,000. e. That City forces construct sewer lines in the Bayberry Terrace Addition in Flour Bluff and the Lawnview Street main from 7th Street to Southern and that $90,723 be appropriated in the Sewer Bond Fund for these projects. The Lawnview main is a relief line and will involve many connections. $39,939 of the estimated cost will come from money already appropriated from general revenue sharing. The remain- ing costs are from the 1970 Bond Issue. f. That the Wastewater Services Fund be reimbursed for construction work to relocate the 8" Sanitary Sewer crossing of the Carroll -Richter ditch at Cabaniss Field ($1,900) and the extension to serve the 900 block of North Padre Island Drive ($2,147). The adjacent property owner will pay $3,379 of the $5,279 total for the ditch crossing. g. That the Land Drilling Ordinance No. 8879 be amended to designate additional 40 -acre drilling blocks to that acreage annexed by past Ordinances 9270, 10992, 10682, 10945, 10946 and creates new Drilling Blocks 1593 through 1612. The land included in these drilling blocks is the Allison Sewer Plant, the Saratoga Land Company property, Cabaniss Field area, the Westside Wastewater Treatment Plant, and Buccaneer. Mobile Home Park on Clarkwood Road. h. That the contract with GTE Sylvania be extended to May 1, 1973. The City entered into an agreement with Sylvania on June 5, 1972, for the installa- tion of 45 mobile digital units and one station digital system. 180 days were bid on this contract. The delay was caused by the remodeling of the communications center. The Company could not complete the installation until the communications center was completed. i. That a contract be authorized with the Coastal Bend Council of Governments for a renewal through September of the present Work/Study Student Employ- ment Program. Three A & I students are assigned to City departments and the total City contribution is in-kind. • • Minutes Regular Council Meeting April 6, 1973 Page 8 j. That a lease be approved with the Corpus Christi Airport Development Corporation for a ten acre tract on airport property at the west corner of the service road to the terminal and Highway 44 for industrial development. The Corpus Christi Airport Development Corporation, a non profit corporation, will construct a build- ing on the leased premises for lease to a manufacturing company. Initial employ- ment is expected to be 135 of which about 100 women will be employed for assembly type operations. Others will be engineers and office staff. The rent will be based on a 5-1/4% return per year on the estimated cost of the land ($50,000). k. That the City enter into a contract with the Texas Employment Commis- sion for a Public Service Employment (WIN) program. This is 100% funded by TEC who provides trained personnel who will be absorbed through normal attrition into regular city positions. These are persons who have been welfare recipients and who will meet City employment standards for the job involved. This program will extend for 12 months. These are clerical positions. 1. That the City enter into a contract with the Nueces County Mental Health and Mental Retardation Community Centers for Child and Youth Mental Health Services and for Drug Abuse Rehabilitation and Treatment Services. The contract will provide for payment for services based on monthly reports from August, 1972 through January, 1973 from the $25,000 budgeted from the first Revenue Sharing entitlement period, and additional $5,000 be provided to fund the Council on Alcoholism through July 31, 1973. m. That the City enter into a contract with Y.W.C.A. Intervention Program to provide referral counsel and temporary residency service for girls not to exceed $2500. Mr. Bi11 Latham, representative of the W. H. Whring Company, appeared in protest of the recommendation for award of bid to Anderson Machinery Company (Item "f under City Manager's Reports - Finance and Purchasing) for two Sanitary Landfill Compactors. He stated the award was made after there had been a change in the bid form which specified one year warranty, and that his firm had not been notified of this change. He stated his company made their bid on the one year warranty and in his opinion, the change constituted a second bid. Motion by Stark, seconded by Branch and passed, that the City Manager's Reports be accepted and that the requests and recommendations be granted and • • Minutes Regular Council Meeting April 4, 1973 Page 9 approved as presented by the City Manager, with the exception of Item "f", under Finance and Purchasing, and that this item be considered separately. (See subse- quent motion) Mr. Townsend presented the pending item of Application #273-9, Sidney Bishop, Jr. on which a public hearing was held March 21, 1973, and denied on March 28 on the basis that the applicant was unable to accept the deed restrictions against access to Tuloso Road. He explained that the Planning Commission had recommended that "B-4" be approved as submitted, and that the Staff had recommended a smaller area of "B-4" which would be compatible in this area. Mr. Townsend stated that the applicant has been contacted and has indicated willingness to file deed restrictions against access to Tuloso Road and against the on -premise consumption of alcoholic beverages, and it is his recommendation that the request be approved. Mr. Sidney Bishop, applicant, was present and verified his willingness to file deed restrictions as requested. Motion by Branch, seconded by Bonniwell and passed, that application #273-9, Sidney Bishop, Jr., for change of zoning from "R -1B" One -family Dwelling District to "8-4" General Business District on Lot 32, H. B. Sheppard Farm Lots, be approved and that an ordinance be brought forward effectuating the change subject to the applicant filing deed restrictions against access to Tuloso Road and on -premise consumption of alcoholic beverages. City Manager Townsend presented the pending item of Mr. James D. Peterson, Zoning Application #173-10, for change of zoning from "R -1B" and "B-1" to "B-4" on Lots 5, 6 and 7, Gnegy Tracts, on which a public hearing was held February 21, 1973, and tabled for a determination from the Traffic Engineer for a solution to the traffic problems on Lum and Nolan Streets. He stated that these problems had been satisfactorily worked out with the applicant. Motion by Lozano, seconded by Stark and passed, that an ordinance be brought forward changing the zoning from "R -1B" and "8-1" to "B-4" on the approximate 7 acres fronting on South Padre Island Drive for a depth of 570 feet from South Padre Island Drive, and that the rear portion containing approximately 5 acres be denied as recommended by the Planning Commission. City Manager Townsend presented the pending item of Application #273-12, I. E. Crane, for change of zoning from "R -1B" to "A-1" on 1.64 acres located along • • Minutes Regular Council Meeting April 4, 1973 Page 10 the west right of way line of Rand Morgan Road south of IH 37, on which a public hearing was held March 21, 1973, and tabled for the Staff's determination if the applicant would accept a special permit. Senior City Planner Larry Wenger stated the applicant had been contacted and had indicated he did not have sufficient time to prepare a site plan for the special permit for action today; that he was later contacted to determine if he was interested in deferring the request until after the moratorium period, and he had indicated he preferred that the Council take action on the request for "A-1" at this time without deed restrictions. Motion by Bosquez, seconded by Gonzales and passed, that the foregoing Application #273-12, I. E. Crane, be denied. Mr. Townsend stated that an ordinance was still pending on Zoning Appli- cation #1272-3, Joseph A. Abbey, because the deed restrictions which were filed didnot accomplish the desire of the Council relative to the density or number of units to be allowed on the back section referred to as Tract C. Relative to the item identified as "f" under Finance & Purchasing of the City Manager's Reports, in connection with the award of bid for two Sanitary Land- fill Compactors to Anderson Machinery Company, Purchasing Agent T. M. Jarvis explained that the original specifications called for a one-year warranty, that the Anderson Company took exceptions to this and the Staff in turn took exceptions to these exceptions; that they gave the Staff a letter saying they would honor the specifications as written, and that the bid still stood. Assistant City Manager Archie Walker explained that when Mr. Jarvis took exceptions to the exceptions, and the bid came back according to the original specifications, the Staff felt it was the low bid on that basis and completely proper, and the specifications would cover all three pieces of equipment. Motion by Lozano, seconded by Gonzales and passed, Bonniwell and Branch voting "Aye", that the recommendation of the City Manager (Item I -f) be concurred in and that the award of bid for two Sanitary Landfill Compactors be made to Anderson Machinery Company, for their low bid of $127,500, as recommended by the City Manager. (Bid Tabulation # • Minutes Regular Council Meeting April 4, 1973 Page 11 ORDINANCE NO. 11413 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 third time and passed finally by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11414 AMENDING THE REVENUE SHARING BUDGET FOR THE FIRST ENTITLEMENT PERIOD, ADOPTED BY ORDINANCE NO. 11309, BY APPROPRIATING FROM THE INTEREST EARNED ON THE FIRST ENTITLE- MENT PERIOD $9,648.90, APPLICABLE TO ACTIVITY NO. 121 - 5661, CODE 503; 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. 11415 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ASPHALT PAVING AND CONSTRUC- TION COMPANY FOR PAVEMENT REPAIRS FOR FIRE STATION NO. 7 (DODDRIDGE AND SOUTH STAPLES); APPROPRIATING $4,800 OUT OF THE NO. 102 GENERAL FUND, ACTIVITY 3341, CODE 345, OF WHICH $4,603 IS FOR THE CONSTRUCTION CONTRACT AND $197 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES, INCLUDING LABORATORY SERVICES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11416 APPROPRIATING OUT OF NO. 220 STREET BOND FUND $1,500 TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10937 FOR THE CONTRACT WITH ASPHALT MAINTENANCE COMPANY, INC., FOR -THE CONSTRUCTION OF STREET IMPROVEMENTS FOR AIRPORT PARK & MORA- VIAN DRIVE, PROJECT NO. 220-67-92.5; 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. 11417 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MAVERICK CONSTRUCTION COM- PANY FOR CONSTRUCTION OF MINOR STORM DRAINAGE IMPROVEMENTS; APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND $91,000, OF WHICH $85,801.66 IS FOR THE CONSTRUCTION CON- TRACT AND $5,198.34 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO. 295-70-72, NEIGHBORHOOD IMPROVEMENT AREAS AND MINOR STORM SEWER IM- PROVEMENTS; AND DECLARING AN EMERGENCY. • • Minutes Regular Council Meeting April 4, 1973 Page 12 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. 11418 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SARATOGA LAND COMPANY, DEVELOPERS OF COUNTRY CLUB ESTATES UNIT 26, FOR THE CONSTRUCTION OF CURBS, GUTTERS, SIDEWALKS, AND ONE-HALF THE STREET PAVEMENT ABUTTING THE PUBLIC PARK IN COUNTRY CLUB ESTATES UNIT 26, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $5,436.55, OF WHICH $5,057.26 IS FOR CONSTRUCTION AND $379.29 IS FOR ENGINEERING, ALL APPLICABLE TO PROJECT NO. 220-70-141; 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. 11419 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NICHOLSON BUILDING SUPPLY COMPANY, INC., DEVELOPERS OF CARROLL PLACE UNIT 6, LOTS 11 THRU 22, BLOCK 1, FOR THE CONSTRUCTION OF CURBS, GUTTERS, SIDEWALK AND ONE-HALF THE STREET PAVEMENT ABUTTING THE PUBLIC PARK IN SURREY PLACE UNIT 2, AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MADE A PART HEREOF, AND MARKED EXHIBIT "A"; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $6,177.86, OF WHICH $5,746.85 IS FOR CONSTRUCTION AND $431.01 IS FOR ENGINEERING, ALL APPLICABLE TO PROJECT NO. 220-70-140; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was pasfed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11420 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ASPHALT MAINTENANCE CO., INC. FOR THE CONSTRUCTION OF DILLON LANE STREET IMPROVEMENTS; APPROPRIATING OUT OF NO. 220 STREET BOND FUND $25,000, OF WHICH $23,451.61 IS FOR THE CONSTRUCTION CONTRACT AND $1,548.39 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES ALL APPLICABLE TO PROJECT NO. 220-70-139; 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 11421 APPROPRIATING OUT OF NO. 250 SANITARY BOND FUND $4,047, OF WHICH $1,900 IS FOR THE CITY'S PORTION OF THE RELOCATION OF AN 8 -INCH SANITARY SEWER LATERAL CROSSING OF THE CARROLL-RICHTER STORM SEWER DITCH AT CABANISS FIELD, PROJECT NO. 250-70-100, CABANISS FIELD SANITARY SEWER RELOCATION; AND $2,147 IS FOR THE EXTENSION OF AN 8 -INCH LATERAL TO SERVE PLATTED LOTS FACING THE NEW FRONTAGE ROAD IN THE 900 BLOCK OF NORTH PADRE ISLAND DRIVE, PROJECT NO. 250-70-101, ABBOTT ADDITION SEWER EXTEN- SION; AUTHORIZING THE REIMBURSEMENT OF 109 SEWER FUND FOR ALL AMOUNTS ADVANCED AND TO BE ADVANCED FOR LABOR AND MATERIALS FOR THESE PROJECTS FROM THE 109 SEWER FUND; AND DECLARING AN EMERGENCY. • • Minutes April 4, 1973 Page 13 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. 11422 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BURTEX CONSTRUCTORS, INC. FOR CONSTRUCTION OF HORNE ROAD STREET IMPROVEMENTS, FROM COLUMBIA PARKWAY TO McARTHUR STREET, AND DODDRIDGE STREET IMPROVEMENTS; APPROPRIATING OUT OF NO. 220 STREET FOND FUND $290,000, OF WHICH $270,328.85 IS FOR THE CONSTRUCTION CONTRACT AND $19,671.15 IS FOR CONTINGENCIES AND RELATED EXPENSES INCLUDING LABORATORY SERVICES, PROJECT NO. 220-70-111; 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. 11423 AMENDING ORDINANCE NO. 11,122, PASSED OCTOBER 11, 1972, AND THE ASSESSMENT ROLL ATTACHED THERETO SO AS TO PROVIDE FORA REDUCTION OF THE ASSESSMENT RATE AS IT PERTAINS TO ITEM NO. 60, CLIFF MAUS VILLAGE, FOR CURB AND GUTTER AND PAVEMENT; 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. 11424 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH McCAUGHAN & ETHERIDGE FOR ENGINEERING SERVICES ON PROJECTS AS FOLLOWS: 1. Broadway Waste Treatment Plant Improvements, Proj No. 250-72-1; 2. Allison Waste Treatment Plant Improvements, Project No. 250-72-9; 3. Calallen Area Interceptor Line, Project No. 250-72-5; and 4. Study of the McArdle and Oso Sanitary Sewer Trunk Lines, Project No. 250-72-3, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND $133,250 FOR THE AFORESAID SERVICES, OF WHICH $50,000 IS APPLICABLE TO PROJECT NO. 250-72-9, $46,750 IS APPLICABLE TO PROJECT NO. 250-72-5, AND $30,000 IS APPLICABLE TO PROJECT NO. 250-72-3; 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. 11425 CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS, HORNE ROAD STREET IMPROVEMENTS UNIT I INCLUDING: 1. Horne Road, from the west property line of Lot 1-A, Block 1, Laguna Acres to the west right of way line of McArthur Street; and 2. Columbia Street, from the south right of way line of Lolita Street, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AN ASSESSMENT; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLEC- TION; AND DECLARING AN EMERGENCY. • • Minutes Regular Council Meeting April 4, 1973 Page 14 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. 11426 AMENDING ORDINANCE NO. 9743 AND THE CONTRACT AUTHORIZED THEREIN, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO AFORESAID CONTRACT WITH PAGE, SOUTHERLAND, PAGE & WHITTET FOR ARCHITECTURAL SERVICES FOR THE DESIGN OF THE CORPUS CHRISTI MUSEUM BUILDING NO. 2 SO AS TO PROVIDE FOR THE DESIGN OF INTERIOR IMPROVEMENTS; APPROPRIATING OUT OF THE NO. 291 PARK BOND FUND $5,950 FOR THE ARCHITECT'S FEES APPLICABLE TO PROJECT NO. 291-72-4, CORPUS CHRISTI MUSEUM BUILDING NO. 2 - INTERIOR IMPROVEMENTS; 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. 11427 AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 4 TO THE CONTRACT WITH EMIL STEFEK, GENERAL CONTRACTOR, FOR THE CONSTRUCTION OF GREENWOOD PARK POOL; APPROPRIATING OUT OF NO. 291 PARK BOND FUND $4,646.97 FOR SAID CHANGE ORDER, WHICH AMOUNT IS TO BE TRANSFERRED FROM REVENUE SHARING FUND NO. 121 ACTIVITY 5601; 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. 11428 AMENDING ORDINANCE NO. 10831, PASSED AND APPROVED ON APRIL 26, 1972, AND THE CONTRACT AUTHORIZED THEREIN, SO AS TO ALLOW GTE SYLVANIA TO EXTEND ITS CONTRACT TO MAY 1, 1973, AS MORE FULLY SET FORTH IN THE CONTRACT AMENDMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; 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. 11429 AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A CONTRACT WITH THE COASTAL BEND COUNCIL OF GOVERNMENTS FOR A WORK STUDY PROGRAM IN THE AMOUNT OF $6,744, AS IS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; 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. 11430 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH LITTLE THEATER OF CORPUS CHRISTI, INC.,FOR THE CONSTRUCTION OF A NEW AND EXPANDED FACILITY FOR THE PRESENTA- • • Minutes Regular Council Meeting April 4, 1973 Page 15 TION OF LITTLE THEATER PRODUCTIONS AND FOR OTHER USES BY THE PUBLIC, SAID STRUCTURE TO BE LOCATED IN THE BAYFRONT SCIENCE PARK, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A" 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. 11431 AUTHORIZING A CONTRACT WITH THE TEXAS EMPLOYMENT COMMISSION FOR A PUBLIC SERVICE EMPLOYMENT PROGRAM, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; 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. 11433 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE STATE OF TEXAS TO PROVIDE A MEDICAL SCREENING PROGRAM FOR A.F.D.C. CHILDREN, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; 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. 11434 APPROPRIATING THE SUM OF $91,223.83 AS FOLLOWS: $74,440.18 FROM NO. 220 STREET BOND FUND $ 2,158.60 FROM NO. 295 STORM SEWER BOND FUND $ 4,559.35 FROM NO. 250 SANITARY SEWER BOND FUND $ 8,247.74 FROM NO. 251 SANITARY SEWER BOND FUND $ 1,817.96 FROM NO. 291 PARK BOND FUND TO SUPPLEMENT $14,944.16 REMAINING FROM FUNDS PREVIOUSLY APPROPRIATED FOR CON- TINGENCIES AND INCIDENTAL EXPENSES, APPLICABLE TO VARIOUS PROJECTS AS SHOWN ON THE TABULATION PREPARED BY THE ACCOUNTING DIVISION, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AUTHORIZING REIMBURSEMENT OF $106,167.99 TO THE NO. 102 GENERAL FUND FOR ENGINEERING SERVICES PROVIDED DURING THE PERIOD OF AUGUST 1, 1972 THROUGH OCTOBER 31, 1972 AND NOT PREVIOUSLY REIMBURSED, AND FOR THE PERIOD OF NOVEMBER 1, 1972 THROUGH JANUARY 31, 1973; 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. 11435 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 TWO WAY LAND • • Minutes Regular Council Meeting April 4, 1973 Page I6 COMPANY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACTS 1 AND 2 FROM "F -R" FARM-FURAL DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT AND CHANGING THE ZONING ON TRACT 3 FROM "F -R" FARM -RURAL DISTRICT TO "T-1" TRAVEL TRAILER PARK, MOBILE HOME PARK, MOBILE HOME SUBDIVISION, SAID TRACT 1 BEING A PORTION OF LOT 1, W. 0. WOMACK FARM LOTS, TRACT 2 BEING A PORTION OF LOT 7, WM. ROBERTSON FARM TRACTS, AND TRACT 3 BEING OUT OF LOT 1 OF THE W. 0. WOMACK FARM LOTS AND OUT OF LOT 7, WM. ROBERTSON FARM TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Bonniwell voting "Nay". ORDINANCE N0. 11436 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 THE CITY PLANNING COMMISSION BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 3 AND 4, BLOCK E, AND A POR- TION OF LOTS 3 AND 4, BLOCK F, LEXINGTON PLACE, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, FROM "R -1B" ONE FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT TO "B-4" GENERAL 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, Bosquez, Branch, Gonzales, Lozano and Stark, and Bonniwell present and voting "Aye". ORDINANCE NO. 11437 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 SECTION 25-1 TO PROVIDE GREATER CLARITY TO THE ORDINANCE IN THE ENFORCEMENT OF THE EXTRAORDINARY VOTE RULE; 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, Bosquez, Branch, Gonzales, Lozano, Stark and Bonniwell, present and voting "Aye". ORDINANCE NO. 11438 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PORT AYERS ASSOCIATES, INC., GANDY ROBERSON, INC. AND KEITH E. GREER, SR. PROVIDING FOR IMPROVEMENTS TO DILLON LANE FROM GOLLIHAR ROAD NORTHEASTERLY APPROXIMATELY 450 LINEAR FEET AND THE SHARING OF THE COST FOR SAID IMPROVEMENTS, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF, AND ACCEPTING AN IRREVOCABLE LETTER OF CREDIT FOR $17,532.84 FOR THE OWNERS' SHARE OF COST; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bosquez, Branch, Gonzales, Lozano, Stark and Bonniwell, present and voting "Aye". Minutes Regular Council Meeting April 4, 1973 Page 17 ORDINANCE NO. 11439 APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND $90,723, OF WHICH $33,833 IS APPLICABLE TO PROJECT NO. 250-70-98, BAYBERRY TERRACE SUBDIVISION MAINS AND LATERALS; AND $56,890 IS APPLICABLE TO PROJECT NO. 250-70-82, LAWNVIEW STREET MAIN - 7TH STREET TO SOUTHERN; AUTHORIZING THE TRANSFER TO THE 250 SANITARY SEWER BOND FUND FROM REVENUE SHARING FUND 121, ACTIVITY 121-5622, AN AMOUNT OF $14,140 FOR PROJECT NO. 250-70-98 AND AN AMOUNT OF $25,799 FOR PROJECT NO. 250-70-82; AUTHORIZING THE REIMBURSEMENT OF NO. 109 SEWER FUND FOR ALL AMOUNTS ADVANCED AND TO BE ADVANCED FOR LABOR AND MATERIALS FOR THESE PROJECTS, AND NOT PREVIOUSLY REIMBURSED; 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. 11440 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH URBAN ENGINEERING FOR ENGIN- EERING SERVICES REQUIRED FOR THE DESIGN OF THE SARATOGA SANITARY SEWER MAIN, PROJECT NO. 250-72-2, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND $105,000 FOR THE AFORESAID SERVICES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11441 CLOSING AND ABANDONING THE 10 -FOOT UTILITY EASEMENT WHICH IS LOCATED IN LOTS9 AND 10, BLOCK 1, LOTS 9 AND 10, AND LOTS 25 AND 26 OF BLOCK 2, AND LOTS 9 AND 10, block 3, IN BRIARWOOD SUBDIVISION UNIT 3, SUBJECT TO A REPIAT AND DEDICATION OF AN ALTERNATE EASEMENT; 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". ORDINANCE NO. 11442 AUTHORIZING THE CITY MANAGER TO CONVEY TO H. DURWARD THOMPSON, JR., THE FOLLOWING DESCRIBED PROPERTY: A TRIANGULAR SHAPED TRACT OF LAND WHICH LIES ADJACENT TO LOT 6, BLOCK 6, HOPPER ADDITION UNIT 2, CONTAINING 1,876.7 SQUARE FEET OF LAND, MORE OR LESS, UPON PAYMENT OF THE CASH CONSIDERATION AS SHOWN HEREIN; 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. 11443 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE NUECES COUNTY HOSPITAL DISTRICT TO OPERATE AN AMBULANCE SERVICE, AND WITH THE COUNTY OF NUECES FOR USE OF COUNTY ROADS, ALL AS IS MORE FULLY SET FORTH IN SAID AGREEMENTS, A • • Minutes Regular Council Meeting April 4, 1973 Page 18 COPY OF EACH BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE N0. 11444 CALLING AN ELECTION FOR MAYOR AND SIX (6) COUNCILMEN IN THE CITY OF CORPUS CHRISTI TO BE HELD ON THE FIRST SATURDAY IN MAY, 1973; DESIGNATING PLACES OF HOLDING SUCH ELECTION; NAMING THE OFFICERS THEREFOR; PRESCRIBING THE FORM OF NOTICE OF ELECTION, AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE N0. 11445 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 5200 EVERHART CORPORATION BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON PORTIONS OF LOT 4, OSO FARM TRACTS, AND LEVEK TRACT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-4" GENERAL 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, Lozano and Stark, present and voting "Aye". ORDINANCE N0. 11446 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 C. S. TIMLIN AND TIM CLOWER BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT A FROM "A-1" APARTMENT HOUSE DISTRICT TO "R-2" TWO FAMILY DWELLING DISTRICT; FROM "A-1" APART- MENT HOUSE DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT ON TRACT B; AND FROM "A-1" APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT ON TRACT C, ALL THREE TRACTS BEING PORTIONS OF LOT 1, BLOCK 1, STONEGATE NORTH UNIT 1, MORE FULLY DESCRIBED HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE N0. 11447 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 • Minutes Regular Council Meeting April 4, 1973 Page 19 ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF BUFORD NICHOLSON BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOT 1, SECTION 5, BOHEMIAN COLONY LANDS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE 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, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A FIVE-YEAR LEASE AGREEMENT WITH F. J. GRAHAM FOR THE USE OF CERTAIN SPACE ON THE L -HEAD FOR BAIT STAND, ALL AS MORE FULLY SET OUT IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11448 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 16 "B-4" GENERAL BUSINESS DISTRICT REGULATIONS, BY AMENDING SECTION 16-2 USE REGULATIONS, SUBSECTION (4) BY INSERTING AFTER THE WORD "BOAT", THE WORDS "AUTOMOBILE, RECREA- TION VEHICLE, AND MOBILE HOME"; AMENDING SECTION 16-5 HEIGHT AND AREA REGULATIONS, BY ADDING A NEW SUBSECTION TO BE NUMBERED 16-5.03 SO AS TO FORBID BOATS, AUTO- MOBILES, RECREATIONAL VEHICLES OR MOBILE HOMES STORED OR DISPLAYED FOR SALE TO BE IN YARD AREAS REQUIRED BY ARTICLE 24; AMENDING ARTICLE 17 "B-5" PRIMARY BUSINESS DISTRICT REGULATIONS, SECTION 17-2 USE REGULATIONS, SUBSECTION (8); ARTICLE 20 "I-2" LIGHT INDUSTRIAL DISTRICT REGULATIONS, SECTION 20-2 USE REGULATIONS, SUB- SECTION (2), AND ARTICLE 21 "I-3" HEAVY INDUSTRIAL DISTRICT RETULATIONS, SECTION 21-2 USE REGULATIONS, SUBSECTION (3) BY ADDING PROVISION THAT SIGNS SHALL BE FURTHER REGULATED BY ORDINANCE NO. 11274, HIGHWAY BEAUTIFICATION ORDINANCE; AMENDING ARTICLE 20 "I-2" LIGHT INDUSTRIAL DISTRICT REGULATIONS, SECTION 20-2 USE REGULATIONS, BY RENUMBERING SUBSECTIOI (3) to (4) AND ADDING A NEW SUBSECTION (3) TO INCLUDE DWELLINGS OR MOBILE HOMES FOR RESIDENT WATCHMEN AND CARETAKERS EMPLOYED ON THE PREMISES; AMENDING ARTICLE 21 "I-3" HEAVY INDUSTRIAL DISTRICT SECTION 21-2 USE REGULATIONS, SUBSECTION (2) BY INSERTING AFTER THE WORD "DWELLINGS" THE WORDS "OR MOBILE HOMES"; AMENDING ARTICLE 22 PARKING REGULATIONS, COLUMN 3, UNDER THE USE CATEGORY "FURNITURE OR APPLIANCE STORE, MACHINERY, EQUIPMENT, AND AUTOMOBILE AND BOAT SALES AND SERVICE" BY CHANGING THE PARKING RATIO FROM THE EXISTING 300 SQUARE FEET TO 400: AMENDING ARTICLE 33 PERMITS, PLATS, AND FILING FEES, SECTION 33-2 PLATS, BY CHANGING THE WORDING OF "ENGINEERING SERVICES" IN THE THIRD, TWENTIETH AND TWENTY-FIRST LINES TO "PUBLIC WORKS"; 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". • Minutes Regular Council Meeting April 4, 1973 Page 20 ORDINANCE NO. 11449 ANNEXING TO THE CITY OF CORPUS CHRISTI, TEXAS, A PORTION OF SARATOGA BOULEVARD PURSUANT TO ART. 970a, V.A.C.S., TEXAS, AS AMENDED, AND THE CITY CHARTER, ARTICLE I, SECTION 2(b), PROVIDING FOR ANNEXATION OF ROADS, HIGHWAYS, AND STREETS ADJACENT AND CONTIGUOUS TO THE CITY BY ORDINANCE OF THE CITY COUNCIL; PROVIDING FOR SEVERA- BILITY; 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 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREE- MENT OF LEASE WITH THE CORPUS CHRISTI AIRPORT DEVELOPMENT CORPORATION FOR THE LEASING BY THE SAID CORPUS CHRISTI AIRPORT DEVELOPMENT CORPORATION OF A 10 -ACRE TRACT OR PARCEL OF LAND AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT OF LEASE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11450 AUTHORIZING THE CITY MANAGER TO EXECUTE AN ANNEXATION CONTRACT WITH JIM WILBURN FOR THE ANNEXATION TO THE CITY OF A PARCEL OR TRACT OF LAND OUT OF TRACT 7, WILLIAM ROBERTSON'S FARM TRACTS, ALL AS MORE FULLY SET FORTH IN THE ANNEXATION CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; 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. 11451 RATIFYING, CONFIRMING AND ACKNOWLEDGING THE CONTRACTUAL ANNEXATION OF JIM WILBURN TRACT, AS SHOWN IN EXHIBIT "A" ATTACHED, BEING THE FULLY SUBSCRIBED AND DULY FILED CONTRACT BETWEEN JIM WILBURN AND THE CITY FOR SAID ANNEXATION AND THE COUNCIL AUTHORIZATION THEREOF; PROVIDING 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". ORDINANCE NO. 11452 AMENDING THE LAND DRILLING ORDINANCE, NO. 8879, AS AMENDED, BY DESIGNATING ADDI- TIONAL 40 -ACRE DRILLING BLOCKS TO ACREAGE ANNEXED BY ORDINANCE NOS. 9270, 10992, 10682, 10945, AND 10946, AND CREATING NEW DRILLING BLOCKS 1593 THROUGH 1612; 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". • • Minutes Regular Council Meeting April 4, 1973 Page 21 Mayor Sizemore announced the public hearing on Zoning Application #273-1, Randal Stivers, Trustee, for change of zoning from "R -1B" One -family Dwelling Dis- trict to "AB" Professional Office District, an approximate 3.62 acre area consisting of all of Lots 5, 6, 7 & 8, Block K; and Lots 5 & 8, Block L, Lexington Place Subdivision, located along the south side of the 3000 Block of McArdle Road west of Kostoryz Road. The request was heard by the Planning Commission March 20, 1973, and forwarded to the Council with the recommendation that the "AB" Professional Office District be approved on the basis that it would be good transitional zoning, and the Staff concurred in this recommendation. City Manager Townsend explained that this request was advertised to be heard by the Council March 7, 1973, but because of an error in the notification of the adjacent church property, the application was readvertised and reset. He explained that the applicant had indicated that they intend to develop the land as professional uses. He stated the 20 percent rule is not in effect, and that no one had appeared in opposition at the hearing before the Planning Commission. Reverend Norman Roe, pastor of the Wesley United Methodist Church located adjacent to the east of the subject property, stated that his church is concerned that there might be more development of this nature, and asked for clarification as to the type of building proposed, and data required of a planner before it is granted. City Manager Townsend explained that the owner could build any type building that meets the "AB" requirements, and only has to show that the proposed zoning is consistent with the planned area. No one appeared in opposition to the recommendation of the Planning Com- mission. Motion by Lozano, seconded by Branch and passed, that the hearing be closed. Motion by Lozano, seconded by Branch and passed, that the recommendation of the Planning Commission be concurred in and that Application #273-1, Randal Stivers, Trustee, for change of zoning from "R -1B" One -family Dwelling District to "AB" Pro- fessional Office District, an approximate 3.62 acre area consisting of all of Lots 5, 6, 7 & 8, Block K; and Lots 5 & 6, Block L, Lexington Place Subdivision, be approved as submitted, and that an ordinance be brought forward effectuating the change. Minutes Regular Council Meeting April 4, 1973 Page 22 ORDINANCE NO. 11453 • AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY A CONTRACT WITH THE YWCA FOR CRISIS INTERVENTION SERVICE NOT TO EXCEED $2,500, ALL IN ACCORDANCE WITH THE ATTACHED CONTRACT MARKED EXHIBIT "A" AND MADE A PART HEREOF, THE SAME AS IF WRITTEN HEREIN; APPROPRIATING $2,500 FROM INTEREST EARNED TO FUND 121, ACTIVITY 3361; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, 8osquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11454 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 JAMES D. PETERSON BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON PORTION OF LOTS 5, 6, & 7, GNEGY TRACTS SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT AND "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL 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, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11455 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. 8106, AS AMENDED, UPON APPLICATION OF SIDNEY BISHOP, JR. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOT 32, H. B. SHEPPARD FARM LOTS SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES INCONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11456 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HAROLD A. CARR FOR REAL ESTATE APPRAISAL SERVICES FOR BLOCKS 61 AND 62 BEACH ADDITION IN THE BAYFRONT SCIENCE PARK AREA, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBITA'1, AND MADE A PART HEREOF; APPROPRIATING OUT OF THE NO. 102 GENERAL FUND, ACTIVITY 4181, CODE 301 $6,400 FOR THE AFORESAID SERVICES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". • • Minutes Regular Council Meeting April 4, 1973 Page 23 ORDINANCE NO. 11457 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH T. RICHARD CLOWER FOR REAL ESTATE APPRAISAL SERVICES FOR BLOCKS 90 AND 91 OF BEACH ADDITION IN THE BAY- FRONT SCIENCE PARK, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIGIT "A", AND MADE A PART HEREOF; APPROPRIATING OUT OF THE NO. 102 GENERAL FUND, ACTIVITY NO. 4181, CODE 301, $11,250 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, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11458 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JOHN A. ERICKSON FOR REAL ESTATE APPRAISAL SERVICES FOR BLOCKS 80 AND 81 OF BEACH ADDITION IN THE BAYFRONT SCIENCE PARK AREA, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING OUT OF THE NO. 102 GENERAL FUND, ACTIVITY 4181, CODE 301 $11,500 FOR THE AFORESAID SERVICES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11459 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ROY L. TEMPLE FOR REAL ESTATE APPRAISAL SERVICES FOR BLOCKS 70 AND 71 OF BEACH ADDITION IN THE BAYFRONT SCIENCE PARK AREA, AS MORE FULLY SET FORTH IN THE AGREEMENT A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; APPROPRIATING OUT OF THE NO. 102 GENERAL FUND, ACTIVITY 4181, CODE 301, $11,050 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, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11460 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH R. V. COULTER FOR REAL ESTATE APPRAISAL SERVICES FOR BLOCKS 79 AND 89 OF BEACH ADDITION IN THE BAYFRONT SCIENCE PARK AREA, AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING OUT OF THE NO. 102 GENERAL FUND, ACTIVITY 4181, CODE 301 $12,500 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, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11461 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 RANDAL STIVERS, TRUSTEE, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 5, 6, 7 & 8, BLOCK K, AND LOTS 5 & 8, BLOCK L, LEXINGTON PLACE SUBDIVISION, SITUATED IN THE • • Minutes Regular Council Meeting April 4, 1973 Page 24 CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PRO- VISIONS 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". Mr. Jack Pedigo, attorney, 1630 South Brownlee, appeared relative to the resolution approved by the Council on March 21, supporting legislation to change the method of measuring distances between establishments selling alcoholic beverages and public school or churches. He stated this was initiated by the Community Action Council for the purpose of eliminating open bars and saloon within 300 feet of schools and churches, but the way the ordinance now stands, it does not specifi- cally state "on premise consumption of alcohol" and any drive-in grocery such as Circle K or Maverick Market selling wine of less than 14 percent alcohol content can be put out of business. being Mayor Sizemore explained that the ordinance is/amended to resolve this problem. Mr. Pedigo read the amendment and stated he was in agreement and the amendment was acceptable. Mr. Jim Ryan, attorney representing the Circle K Drive -In Grocery, asked for clarification of the ordinance, stating this had only come to his client's attention yesterday, and they were concerned as to its effect on this type estab- lishment. He stated if the restrictions relate to the type of use, there is no problem, but it it relates to the type of license, it does matter. He stated his client does not sell on -premise consumption of beer or wine, and feels the same thing that applies to restaurants would apply to his clients. Motion by Branch, seconded by Bonniwell and passed, that the ordinance amending Section 4-4, Corpus Christi City Code, 1958, so as to prohibit the sale of alcoholic beverages as defined by Article 666-25a, V.A.P.C., read on the first two of three readings on March 21, 1973 and March 28, 1973, be amended by insert - int the following words between the words "sale" and "of alcoholic beverages" in the first sentence of Section 4-4 prior to final reading of the ordinance: "for on -premises consumption-", the first sentenct to hereafter read as follows: • Minutes Regular Council Meeting April 4, 1973 Page 25 "No person shall maintain a place of business for the dispensing and sale for on -premises consumption of alcoholic beverages as defined by Article 666-25a, V.A.P.C., within the corporate limits of the City within three hundred (300) feet of any church, public school or other educational institution or public hospital." ORDINANCE NO. 11412 THIRD READING OF AN ORDINANCE AMENDING SECTION 4-4, CORPUS CHRISTI CITY CODE, 1958, SO 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.. INSTITUTION OR PUBLIC HOSPITAL; PROVIDING A METHOD OF MEASURING SAID DISTANCE; PROVIDING CERTAIN EXCEPTIONS; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING SEVERANCE. The foregoing ordinance was read for the third time and was passed finally as amended, by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11432 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE NUECES COUNTY MENTAL HEALTH AND MENTAL RETARDATION COMMUNITY CENTER FOR CHILD AND YOUTH MENTAL HEALTH SERVICES AND FOR DRUG ABUSE REHABILITATION AND TREATMENT SERVICES, AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING FROM FUND 121 FROM INTEREST EARNED TO FUND 121, ACTIVITY 3622, THE SUM OF $5,000 FOR SERVICES FROM THE CORPUS CHRISTI COUNCIL ON ALCOHOLISM THROUGH MENTAL HEALTH -MENTAL RETARDATION CENTER; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". Mayor Sizemore called the Council's attention to vacancies on the Planning Commission and nominated Mr. Wendell Keetch to serve the unexpired term of Captain James Acuff. Motion by Bonniwell, seconded by Stark and passed, that the foregoing appointment be confirmed and approved. There being no further business to come before the Council, the meeting was adjourned at 5:35 p.m. April 4, 1973.