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
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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:
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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
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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".
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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."
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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.
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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