Loading...
HomeMy WebLinkAboutMinutes City Council - 05/16/1973MINUTES CITY OF C0RPQ5-Z'RRISTI, TEXAS REGULAR COUNCIL MEETING May 16, 1973 3:00 P.M. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Chas. A. Bonniwell Commissioners: Roberto Bosquez, M.D. Rev. Harold T. Branch Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark City Manager R. Marvin Townsend Assistant City Attorney Hal George City Secretary T. Ray Kring • Mayor Ronnie Sizemore called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Commissioner Harold Branch in the absence of the invited Guest Chaplain. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Council Meetings of May 2, and May 9, 1973, were approved as submitted to the Council. Mayor Sizemore announced the issuance of proclamations as follows: INTER- NATIONAL SHRINE HOSPITAL DAY, Sunday, May 20, 1973; FRIENDLY TEXAN WEEK, May 21 through 27, 1973; NATIONAL INSURANCE WOMEN'S WEEK, May 20 through 26, 1973; and MARITIME DAY, Tuesday, May 22, 1973. Bids were opened and read by Director of Engineering Services James K. Lontos on the following construction projects: (1) Pump Station "A" Gate Replacement - The Goldston Co., Inc.; and W. T. Young; (2) Reconstruction of a meeting room and rest area, and the expansion of the Pro Shop at the H.E.B. Tennis Center - Casey & Glass, and E. J. Netek; (3) Reconstruction of 15th Street from Ayers to Morgan; Espinosa, from Reyna to Ruth; and 18th Street, from Ayers to Crosstown Expressway - Heldenfels Brothers; Asphalt Paving & Construction Company; Surtax Constructors; Asphalt Maintenance; and King & Mansheim; (4) Construction of a security fence around the Corpus Christi International Airport Property - A-1 Quality Fence Company, Inc., and Allied Fence Company. The foregoing bids were tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. City Manager Townsend presented the following ordinance for the Council's consideration: • • Minutes Regular Council Meeting May 16, 1973 Page 2 ORDINANCE No. 11475 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS Prescott Street Improvements, from the North Right of Way line of Gollihar Road to the South property line of Lot 5, Block 14, Temple Addition; REQUIRING THE DIRECTOR OF ENGINEERING SERVICES TO PREPARE AND FILE PLANS AND SPECI- FICATIONS; REQUIRING THE CITY SECRETARY TO FILE NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVE. MENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". Mayor Sizemore called for the City Manager's Reports, and City Manager Townsend presented his requests and recommendations with related comments and explanations, as follows: a. That the construction of Hudson Acres Park be accepted and final pay- ment of $15,499,09 be made to the Asphalt Paving and Construction Company. The contractor overran the contract time by 7 working days. It is recommended that liquidated damages at the rate of $55 per day or a total of $385 be charged. The total time charges reflect a credit of 10 days for work during early stages of the project when delays were experienced resulting from the hauling of additional fill for the project and a 9 -day extension due to his delays beyond his control is requested. b. That preliminary assessment roll as prepared by the Department of Engineering Services on Prescott Street from Gollihar to near the intersection of the Crosstown Expressway be approved and a public hearing on the assessments be called for June 13, 1973 at 4:00 p.m. The assessment roll includes 48 parcels and $50,157.56 of the total contract cost of $241,223.17. c. That Parcel #9 described as Lot 14, Block B, Diaz Addition be acquired by the City by condemnation. The lot is immediately adjacent to the Police Station and is needed for the expansion of the Police Parking Lot. The property is owned by Mr. Lewis Tillie, Jr. and a number of relatives and is heavily encumbered with delinquent taxes. Negotiations have been underway since October 1971. d. That Parcel Nos. 13 and 14 of the South Staples Street project be acquired by condemnation from Mr. and Mrs. Lawrence J. Berger. The City has failed to acquire this property by negotiation within the appraised value. Negotiations • Minutes Regular Council Meeting May 16, 1973 Page 3 have been underway for a year. e, That the City Attorney be authorized by resolution to file suits for injunctive relief and civil penalties under Article 4477-5, V.A.C.S., so as to provide proper enforcement of the Texas Air Control Act and related City ordinances, and the rules and regulations of the Air Control Board. f. That the City Manager be authorized to submit the Fiscal Year 1974 Annual Manpower Plan for the Coastal Bend CAMPS area to the Department of Labor. This plan is requesting that $2,001,600 be provided by the Department of Labor to fund 8 Man- power Training Programs through 5 agencies: (1) City of Corpus Christi; (2) Corpus Christi Independent School District; (3) Jobs for Progress, Inc. (SER); (4) Texas Employment Commission; and (5) Texas Education Agency. Motion by Gonzales, seconded by Lozano and passed, that the City Manager's Reports, Items "a" through "f' be accepted, and that the requests and recommendations be granted and approved as presented by Mr. Townsend. ORDINANCE NO. 11476 APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEER- ING SERVICES, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: PRESCOTT STREET IMPROVEMENTS, FROM THE NORTH RIGHT-OF-WAY LINE OF GOLLIHAR ROAD TO THE SOUTH PROPERTY LINE OF LOT 5, BLOCK 14, TEMPLE ADDITION; DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEAR- ING TO BE HELD WEDNESDAY, JUNE 13, 1973, AT 4:00 O'CLOCK P.M., TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; 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, 11477 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO A CERTAIN PARCEL OR TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIB- ING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CITING ANY OTHERS WHO MAY HAVE AN INTEREST; SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCEL NO. 9, THE ACQUISITION BEING REQUIRED FOR THE POLICE STATION EXPANSION, PROJECT NO. 102-3327-502; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST LEWIS TILLIE, JR., FLORINS TILLIE, WILLIAM W. TILLIE, JR., AND CERRALA TILLIE, ALL BEING THE HEIRS OF THE ESTATE OF LEWIS TILLIE, SR. AND WIFE, EFFIE TILLIE, DECEASED, TO CARRY OUT THE INTENTIONS 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". • • Minutes Regular Council Meeting May 16, 1973 Page 4 ORDINANCE NO. 11478 AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO CONDEMN FEE TITLE TO CERTAIN PARCELS OR TRACTS OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTIES, IDENTIFY- ING THE RECORD TITLE OWNERS AND CITING ANY OTHERS WHO MAY HAVE AN INTEREST, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCEL NOS. 13 and 14, SOUTH STAPLES- PADRE ISLAND DRIVE TO SARATOGA, PROJECT NO. 220-70-107; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE OWNER, LAWRENCE J. BERGER AND WIFE, MARGARET M. BERGER, TO CARRY OUT THE INTENTIONS 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 NO. 11479 APPROVING AND PROVIDING FOR THE SUBMISSION OF THE COASTAL BEND MANPOWER TRAINING PLAN TO THE DEPARTMENT OF LABOR FOR FISCAL YEAR 1974; 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. 11480 AMENDING ORDINANCE NO. 11474, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 9, 1973, CALLING A RUNOFF ELECTION FOR MAYOR IN THE CITY OF CORPUS CHRISTI TO BE HELD ON MAY 22, 1973, SO AS TO MAKE CERTAIN CHANGES IN THE LIST OF ELECTION OFFICIALS AS HEREINAFTER SET FORTH; PROVIDING FOR PUBLICATION; 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, presene and voting "Aye". Motion by Lozano, seconded by Bonniwell and passed, that the ordinance amending the Platting Ordinance No. 4168, as amended and particularly as amended by Ordinance No. 11,140, proposing to amend the City Water Distribution Standards, read on the first of three readings on May 2, 1973, be and the same is hereby amended prior to its second reading in the following manner: 1. Amend Section 3-E. Water Line Location, the third paragraph, appearing on page 2, so as to change the figure in the third line thereof from "6" to "9", said sentence to hereafter read as follows: "When the clearance between the two lines is less than 9 feet, the sewer line shall be constructed of cast iron with watertight joints for a distance of 9 feet each side of the water line." • Minutes Regular Council Meeting May 16, 1973 Page .5 2. Amend Section 4-B. Mercantile and Industrial. Mains, on page 3, the second paragraph thereof to add the words "and industrial" following the word "mercantile" and before the word "area", said paragraph to hereafter read as follows: "Mains in principal mercantile and industrial areas shall be installed in dedicated streets and sized so that the minimum fire flow from any single fire hydrant will be not less than 3,000 gallons per minute with 20 p.s.i. residual pressure." 3. Amend Section 4-G. Fire Hydrant Spacing, the third paragraph thereof, appearing on page 3, by deleting the comma following the word"areas" in the first line and deleting the word "areas" following the comma, said paragraph to hereafter read as follows: "Fire hydrants within light mercantile areas containing apartments and apartment houses shall be located in dedicated streets or fire lanes behind curbs and be spaced not more than 300 feet hose lay from any building within the district, such distance to be measured down any standard fire hose laid from the fire hydrant to the building." 4. Amend the last paragraph of Section 4-G, appearing on page 4, by deleting the word "when" from the first line and inserting the words "shall not be" following the words "fire hydrants" and before the word "installed" and adding the words "unless no other location is reasonably available. In the event fire hydrants" following the word "sidewalks" and before the words "shall be located", said para- graph to hereafter read as follows: "Fire hydrants shall not be installed in sidewalks unless no other loca- tion is reasonably available. In that event fire hydrants shall be located so that sidewalks have a minimum of three feet of unobstructed passageway around the hydrant." SECOND READING OF AN ORDINANCE AMENDING ORDINANCE NO. 4168, GENERALLY REFERRED TO AS THE PLATTING ORDINANCE, AS AMENDED, AND AS PARTICULARLY AMENDED BY ORDINANCE NO. 11140, SO AS TO AMEND THE CITY WATER DISTRIBUTION STANDARDS ADOPTED BY SAID ORDINANCE NO. 11140 AND ON FILE IN THE OFFICE OF THE CITY SECRETARY SO AS TO REQUIRE WATER LINES IN DEDICATED STREET RIGHTS OF WAY IN CERTAIN DEFINED AREAS; TO REQUIRE CERTAIN STANDARDS WHERE WATER LINES AND SANITARY SEWER LINES PARALLEL EACH OTHER; TO REQUIRE CERTAIN STANDARDS WHERE WATER LINES AND SANITARY SEWER LINES CROSS EACH OTHER; SETTING CERTAIN STANDARDS FOR MAINS IN DEFINED MERCANTILE AND INDUSTRIAL AREAS; SETTING CERTAIN STANDARDS FOR MAINS IN DEFINED LIGHT MERCANTILE AREAS AND AREAS CONTAINING APARTMENTS AND APARTMENT HOUSES; SETTING REQUIREMENTS FOR FIRE HYDRANT SPACING IN CERTAIN DEFINED RESIDENTIAL, MERCANTILE AND INDUSTRIAL AREAS, LIGHT MERCANTILE AREAS AND AREAS CONTAINING APARTMENTS AND APARTMENT HOUSES; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE. • Minutes Regular Council Meeting May 16, 1973 Page 6 The foregoing ordinance was read for the second time and passed to its third reading as amended by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". FIRST READING OF .A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO PURSUE THE REMEDIES AVAILABLE TO THE CITY UNDER ARTICLE 4477-5, V.A.C.S., TEXAS CLEAN AIR ACT, FOR THE PREVENTION OF VIOLATIONS OF SAID AIR CONTROL ACT, ALL IN ACCORDANCE WITH ORDINANCE NO. 9635, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 4TH DAY OF FEBRUARY, 1970; DIRECTING THE CITY SECRETARY TO FURNISH A COPY OF THIS RESOLUTION TO THE AIR CONTROL BOARD AND ATTORNEY GENERAL; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY. The foregoing resolution 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". Mayor Sizemore called for petitions or information from the audience on matters not scheduled on the agenda, Mr. Howard Wood, Jr., 4501 UpRiver Road, appeared and stated he represented the Student Summer Work Enterprises, and appealed a decision of City Secretary T. Ray Kring which prevents him from operating a house -number painting business. Mr. Wood read his request and explained that it would be modeled after a similar opera- tion in Houston by which he was employed during the past semester while attending the University of Houston. He stated he plans to operate the business as a community service with two purposes in mind: (1) to employ as many youths as possible for the summer on a part time basis; and (2) to provide the community with an easier method of locating house addresses. He explained the method for the operation and read and filed a copy of the request and the flyer to be used. (Council Exhibit No. 3-73). He explained that they estimate the service to be about two dollars, but since it is in the community interest, the operation would be on a donation basis only. Mr. Kring stated the request was denied on the basis that Mr. Wood's statement of the operation did not comply with the ordinance regulating this type of business. He stated that Mr. Wood's proposal was to ask for a donation after the painting has been completed which is contrary to the provisions of the ordinance; that the distribution of flyers would create a litter problem; and there are two other current permits in the City which were issued in compliance with the ordinance. He stated his office and the Better Business Bureau receive numerous complaints of this type of operation, and that he had advised Mr. Wood that if he would amend his Minutes Regular Council Meeting May 16, 1973 Page 7 application to coincide with the provisions of the ordinance, the granting of the permit would be given consideration. City Manager Townsend upheld the process employed by Mr. Kring, stating that this Council had approved the ordinance setting up standard procedures for this type of operation and authorizing the City Secretary to issue permits according to the provisions of that ordinance. Mr. Wood challenged the right of the Council or the City Secretary to dictate how a person should operate his business, and inquired as to procedures to have the ordinance amended. Mayor Sizemore stated he favored an organization which would employ young people for the summer months, but there js no alternative but that the operation be conducted in compliance with the ordinance. Mrs. Charles Jenkins, 25 Hewit, speaking as a private citizen, stated she would be disturbed to find that someone had painted a number on her curb without her permission. Others appearing and speaking on behalf of the request of Mr. Wood were Janet Barnes, John Wood, Terry Goodwin, and Mrs. Rosa Garza, 901 18th Street. Mrs. Garza also complained that the City had failed to change her house number. Assistant City Manager Walker explained that the City assigns house numbers but does not put them up. City Manager Townsend requested leave of absence to attend a Mobile Home Performance Board meeting in Austin on Thursday, May 17, and to attend a meeting in Kansas City, Missouri, sponsored by the National City Manager's Association, on Revenue Sharing, on Friday, May 18. There being no further business to come before the Council, the meeting was adjourned at 4:00 p.m. May 16, 1973. I, RONNIE SIZEMORE, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of May 2, 1973, to May 16, 1973, inclusive, and having been previously -.roved by C• cil action, are by me hereby approved. RONNIE SIZEME, City of Corpus C $ i, Texas