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HomeMy WebLinkAboutMinutes City Council - 05/30/1973MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING May 30, 1973 3:00 P. M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Rev. Harold T. Branch Ricardo Gonzalez Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring Mayor Jason Luby called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Reverend A. Arnott Ward, Pastor of Jackson Woods Presbyterian Church. City Secretary T. Ray Kring called the roll of those in attendance. Mayor Luby proclaimed June 3, 1973 as MIA DAY in the City of Corpus Christi. Mayor Luby, assisted by the respective superior officers and Department Heads, presented Retirement Plaques to the following City employees: Manuel Flores, refuse collector in the Sanitation Division (36 years service); John Putman, .instrument: repairman in the Water Division (23 years service); Pablo Salazar, tap crew leader, Water Division (28 years service); Emiliano Sanchez, equipment opera- tor I, Water Division (27 years service); and Thurman Silmon, equipment operator II, Street Division (24 years service). Mayor Luby 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 date of June 28, 1973, Special Meeting at 7 p.m., be set for a public hearing on the following zoning applications: (1) Jesus Garcia - "A-2" to "B-1" located on the east side of 19th Street between Mussett and Caldwell Streets. Commission hearing May 23, 1972. Recommendation March 20, 1973. (2) Cid Planning Commission - Tracts A & B - "A-1" to "R -1B" located west of Military Drive adjacent to and on the Naval Air Station. Commission hearing March 20, 1973. Recommendation March 20, 1973. (3) - City Planning Commission - "R -1B" to "T-1" located north of Don Patricio Road at its intersection with Sandy Way. Commission hearing' March 20, 1973. Recommendation March 20, 1973. (4) City Planning Commission - "R -1B" to "T-1" located on the north- west corner of Flour Bluff Drive and Purdue Road. Commission hearing March 20, 1973. Recommendation March 20, 1973. • • Minutes Regular Council Meeting May 30, 1973 Page 2 (5) City Planning Commission - Tract A - "F -R" to "T-1" and Tract B - "R -1B" to "A-1". Tract A located east of Waldron Road and north of Don Patricio Road; Tract B located west of Waldron Road and south of Don Patricio Road. Commission hearing March 20, 1973. Recommendation March 20, 1973. (6) Kemp Adams - "A-1" to "B-4" located east of Navigation Boulevard, approximately 1,838 feet north of Bear Lane. Commission hearing April 3, 1973. Recommendation April 3, 1973. (7) John Huston - "R -1B" to "B-4" located on the southwest corner of Lantana Street and I.H. 37. Commission hearing April 3, 1973. Recommendation April 3, 1973. (8) Mrs. E. F. Harbin - "A-2" to "AB" located on the west side of the 1600 Block of Tenth Street between McKenzie and Ayers Streets. Commission hearing April 3, 1973. Recommendation April 3, 1973. (9) Texas Methodist Foundation - "R -1B" to "R-2" located east of Greenwood Drive and north of Saratoga Boulevard. Commission hearing April 3, 1973. Recommendation April 3, 1973. (10) Hygeia Dairy Company - "I-2" to "I-3" located east side of the 5300 Block of Ayers Street. Commission hearing January 23, 1973. Recom- mendation May 1, 1973. (11) Tim Clower, Trustee - "B-4" & "R -1B" to "I-2" & "A-1" located on the northeast corner of Holly and Kostoryz Roads. Commission hearing March 6, 1973. Recommendation April 17, 1.973. That the date of July 5, 1973, Special Meeting at 7 p.m. he set for public hearings on the following zoning applications: (1) Max F. Dullnig - "B-1" to "B-4" located on the northwest corner of South Padre Island Drive and Rodd Field Road. Commission hearing April 17, 1973. Recommendation April 17, 1973. (2) Roland A. Schuette & Karl M. Crider - "R -1B" to "A-1" located south of UpRiver Road and west of Rand Morgan Road. Commission hearing April 17, 1973. Recommendation April 17, 1973. (3) Bernard Jerome Seal (Berney) - "R-2" to "AB" located on the south- west corner of Everhart Road and Avalon Street. Commission hearing May 1, 1973. Recommendation May 1, 1.973. (4) Marciano Gutierrez, M.D. - "B-1" to "B-4" located on the northeast corner of Clare Drive and South Padre Island Drive. Commission hearing May 1, 1973. Recommendation May 1, 1973. Frank G. Evans - "R -1B" to "T -I" located along the east right-of-way line of Old Brownsville Road, south of Tupper Lane. Commission hearing April 17, 1973. Recommendation May 22, 1973. (6) Royal Motor Company - "B-1" to "B-4" located at the intersection of Mueller and Leopard Streets. Commission hearing May 22, 1973. Recommendation May 22, 1973. (7) Levi W. Taylor - "R -1B" and "B-4" to "T-1" located between McArdle Road and South Padre Island Drive, west of Ennis Joslin Road. Com- mission hearing May 22, 1973. Recommendation May 22, 1973. Tim Clower - "R -1B" to "A-2" located on the north side of UpRiver Road at its intersection with Westgate Drive. Commission hearing May 22, 1973. Recommendation May 22, 1973. (5) (8) • • Minutes Regular Council Meeting May 30, 1973 Page 3 (9) William McBride, Jr. - "R-18" to "A-1" located on the north side of Glenoak Road at its intersection with Held Drive. Commission hearing May 22, 1973. Recommendation May 22, 1973. (10) Roland Garcia - "R-2" and "AB" to "B-1" located on the northeast corner of Baldwin Boulevard and Lynch Street. Commission hearing May 22, 1973. Recommendation May 22, 1973. (11) Mrs. D. W. Grant, Sr. - "F -R" to "A-1" and "I-2" located on the southeast corner of Greenwood Drive and Holly Road. Commission hearing May 22, 1973. Recommendation May 22, 1973. b. That the date of June 13, 1973, Regular Council Meeting, be set for a public hearing on the closing of the following described alley: the northeastern one-half of the alley at Lot 5, the southwestern one-half of the alley between Lots 9 & 10 and Lots 11 & 12, and all of that alley located between Lots 6 through 8 and Lots 13 through 15, within a portion of Block 5, Sunset Place. c. That the preliminary assessment roll for the 15th, 18th, Espinosa and Dolores Street Improvements project be approved and a public hearing on the assess- ments be held July 3, 1973 at 4 p.m. The project includes 229 property owners with total assessments of $137,060.31. Bids have previously been received on the project and the assessments are based on the low bid as submitted by Asphalt Maintenance, Inc. of $375,820.25. d. That construction of Intersection Improvements on South Staples and Swantner extending from Eighteenth Street to Annapolis Drive and on Airport Road (F.M. 665) at Morgan Street be accepted and the Corrected Final Assessment Roll be adopted. This project is funded jointly by the City and State under the TOPICS program. The contract price was $463,880 with the City's share being $173,300. Total assessments on the project are $15,874.30 which is $107.45 less than originally levied due to the deletion of a driveway at the request of the property owner. Some, adjustment to the City's share previously deposited with the Highway Department may result after they determine the final total project cost. e. That the contract with Maverick Construction Company for Intersection Improvements at Everhart Road and South Staples Street be accepted, $1,517.28 be appropriated for project quantity overruns, a time extension of 18 working days be granted to the contractor and final payment of $3,704.07 be approved. The overrun occurred because of repair of existing pavement failures along Everhart and was added to the contract. Repair of the pavement failures required additional exca- vation, caliche, prime coat and asphalt (approximately $2,400). An extension of • • Minutes Regular Council Meeting May 30, 1973 Page 4 18 working days is requested because the contractor was delayed while City utility crews adjusted lines and because traffic flow at this busy intersection caused a loss of hours on numerous working days. f. That the contract with Clements Electric Company for air conditioning the Police Communications Center be accepted, a 19 -day time extension be granted, and final payment of $7,374.50 be authorized. The total cost of this contract is $56,195.00 including three change orders of $1,470.00 for minor revision in the remodeling work and removal of a concrete guy foundation. The 19 working days extension is requested because the contractor was delayed until the location of the Police radio tower and emergency generator building could be determined and because of additional work done under the change orders. g. That the City Manager be authorized to execute an agreement with the Texas Mexican Railway Company for the construction of a 21" reinforced concrete storm sewer under the railroad tracks near the intersection of Baldwin Boulevard and High- way 44. h. That the City Manager be authorized to execute a contract with.ethe, Tex -Mexican Railroad Company 'for'a 12" pipeline crossing of a spur track along Agnes:Shreet near Villa Drive.:. This extension'is to serve a new Sears Roebuck ,& Company, Warehouse located on Highway 44. i. That the City Manager be authorized to execute Consent Agreements between the Tex -Mexican Railroad Company and the United States of America for the construction of roadway and utility crossings for the Ridgewood Subdivision at Holly Road and St. Andrews Drive, and at Holly Road and Malden Drive. . j. That a contract for $46,100.00 be awarded to Casey & Glass, Inc. for construction of the addition to and remodeling of H.E.B. Tennis Center, and $49,000 be appropriated including $1,860.50 for additional architect's fees, and $1,039.00 in advertising and related expenses. Bids were received on May 16, 1973 with the low bid being submitted by Casey & Glass. Funds for this project include $35,000.00 donated by Mr. H. E. Butt, $8,500.00 from Revenue Sharing and $9,500.00 from Park & Recreation Department Budget. k. That $5,335 be appropriated for the Commissioner's award($5,100), Commissioner's Fees ($135), and Court costs resulting from the condemnation acqui- sition of Parcel 31 of the Bayfront Open Space Park project. The lot is 60 feet • • Minutes Regular Council Meeting May 30, 1973 Page 5 wide and was reserved for access to the Bay for the 33 lot owners in Cole Place Subdivision. 1. That the City Manager be authorized to execute an agreement with Jack Ryan, Trustee and United Savings Association for the construction of a lift station and force main to serve an area south and west of Holly and Weber Roads. A lift station with the capacity to serve 312 acres and known as the Carolyn Heights Lift Station is being constructed for $110,666 including engineering by Jack Ryan, Trustee, and United Savings Association. The cost of the lift station is to be shared on a per acre basis by present or future developers within the 312 acres at a rate of $354.70 per acre. The City's obligation will be to operate and maintain the dedicated improvements and to pay to Jack Ryan and United Savings Association any payments received in the 312 acre area as they develop their land, such repay- ment to be limited to ten years. Airport Projects: m. That the City Manager be authorized to execute a contract with Allied Fence Company for the construction of Corpus Christi International Airport Perimeter and Security Fence subject to the approval of the award and grant offer of F.A.A. and that $27,000.00 be appropriated including $24,999.00 for the contract and $2,001.00 for contingencies. An application for Federal assistance for 50% of the construction cost has been filed with F.A.A. After submission of the Bid Tabulation to F.A.A. a grant offer should be forthcoming. Bids were opened May 16, 1973. n. That $6,672.62 be appropriated to reimburse the Texas Highway Depart- ment for engineering services provided in connection with the planned Relocation of Farm Road 763 at International Airport. It has been determined that the relocation of this section of road will not be necessary for the completed expansion of the airport runway or the related instrument landing equipment. The City is, however, obligated to reimburse the Texas Highway Department for engineering work already performed on the project. o. That the City Manager be authorized to enter into a contract with the Federal Aviation Agency granting them authority to construct access roads and walkways for maintaining landing assistance equipment known as VASI and REIL facilities on Runway 17-35 and the right of ingress and egress to these facilities. • Minutes Regular Council Meeting May 30, 1973 Page 6 p. Recommendation that a revocable easement be granted for a fee of $412.88 to the Permian Corporation along the north boundary line of the Interna- tional Airport and within the Airport property for the relocation of a 6" natural gas pipeline. The line presently exists in right-of-way which is being cleared for the construction of State Highway Expressway. The recommended fee is the same as the ordinance established fee would have been were the pipeline to be located in City right-of-way. q. That the City Manager be authorized to execute a Hold Harmless Agree- ment with the Department of Navy so that new Airport Safety Security Officers may be trained as fire fighters at the Naval Air Station by Navy Personnel. The employees involved will be responsible for first response fire defense at International Airport. Other Matters: r. That parking be prohibited on the north side of Padre Street for a distance of 200 feet east of Winnebago. Parking along this curb seriously obstructs the view of motorists traveling east on Winnebago at Padre Street near Coles Junior High School. The Traffic Safety Advisory Board concurs with this recommendation. s. That Tax Adjustments to the City's Tax Rolls as submitted by the Tax Assessor -Collector for the period August 1 thru October 31, 1972, be approved. Net. decrease, 1971 Tax Roll, $1,602.86, and Prior Years' Tax Rolls, $5,577.68. The 1972 Tax Roll decreases include a net decrease of $2,698 in Real Estate Tax and a net increase of $1,095 in personal property tax. Principal adjustments were decreases of $810 for nine exempt properties; a decrease of $1,936 on property of I.C.M. Realty in Country Club Estates after records were presented; an increase of $513 for improvements of Stor Safe Corporation supplemented to the Roll; an increase of $1,143 for Personal Property of Peterson, Inc. of Baltimore, Maryland. t. That the name of Lena Park at Holmes and McArdle Streets be changed to Lions park as recommended by the Park and Recreation Board on January 16, 1973. The City Council gave informal approval on February 7, 1973, subject to the Lion's Club of Corpus Christi proceeding with some park development. Further meetings have been held and the Lions are now ready to spend up to $8,000 the first year for park development with the Park Division providing overall planning and supervision (City Manager's recommendation 2/7/73). • Minutes REgular Council Meeting May 30, 1973 Page 7 u. That the City Manager be authorized to sign an application to con- tinue membership in the Corpus Christi Area Library System as the Major Resource Center. The System is organized under the Library System Act. The City serves 25 surrounding counties as a major information and book center, Previously Federal and State grant money was available to support this program. Only $3,800 is anticipated from the State and nothing from the Federal Government for 1973-74. The City is under no obligation to spend more money to serve the region than the City receives although the present cost level is in excess of $15,000. V. That $894.00. be appropriated from interest earnings on the proceeds of the $1,500,000 Upper Level College Bond Sale for escrow services ($500) recording fees ($34), and legal services 0360) for payment to Corpus Christi Bank and Trust. Title to Ward Island and the related 'UCC', personal property was conveyed to the City May 21, 1973. South Staples Improvements from Padre Island Drive to Saratoga; w. That the Wooldridge Road Drainage facility be designed as an enclosed concrete structure and right-of-way be negotiated on the basis of donation with the commitment by the City to build the drainage structure. x. That Parcel No. 10 for South Staples Street from Padre Island Drive to Saratoga be purchased from Dorothy Sanchez et al for $980 which is $200 over the value previously authorized by Ordinance No. 10491. Condemnation proceedings have previously been authorized. y. That $1,765 be appropriated for acquisition of Parcel 11 for South Staples Street improvements including $1,375 for the condemnation award to. Dr. and Mrs. Calvin Wallace? $90 for Commissioner's fees, and $300 for appraisers and court costs. z. That Parcels No. 27, 28 and 29, for South Staples Project from padre Island Drive to Saratoga be acquired by condemnation. Parcel 27 is owned by Wooldridge and Company and is 20' x 450' or 9,000 square feet. Parcels 28 and 29 are owned by Mr. and Mrs. Edmund M. Hunt, Jr.; No. 28 & 29 are 20' x 90' or 1800 square feet each. These parcels are all located near the intersection of Staples and Wooldridge. aa. That condemnation proceedings be initiated by the City of Corpus Christi for the acquisition of parcel No. 35 on the South Staples Street Project from Padre Island Drive to Saratoga. The property is needed for the widening of South Staples Street and is a tract of land 20' wide by 165' long owned by Glen W. • Minutes Regular Council Meeting May 30, 1973 page 8 Beardsley and wife, Margaret. Annual Arrangements Agreement (AAA): bb. That the City Manager be authorized to sign an Annual Arrangements Agreement with the U.S. Department of Housing and. Urban Development should Corpus Christi be selected as one of the Annual Arrangement Cities in this area. The City will be reaffirming its statement of needs and priorities outlines in the Community Development Statement approved by the City Counciland submitted to HUD on March 14, 1973, and with the understanding that the City Council reserve the right to modify the Community Development Statement after review by their recently elected members. cc. That a Regular Council Meeting be held on Tuesday, July 3, 1973 because of the Holiday falling on July 4. Motion by Branch, seconded by Ricardo Gonzalez and passed, that the foregoing City Manager's Reports be accepted, and that the requests and recommenda- tions, Items "a" through "cc" be approved and granted as presented by City Manager Townsend. City Manager Townsend presented for the Council's consideration the follow- ing ordinances: ORDINANCE NO. 11482 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. 15th Street, from the south R.O.W. line of Morgan Street to the north R.O.W. line of Ayers Street; 2. Espinosa Street, from Press Street to Highland Avenue; 3. Dolores Street, from Highland Avenue to Ruth Street; and 4. 18th Street, from Morgan Avenue to Ayers Street; REQUIRING THE DIRECTOR OF ENGINEERING SERVICES TO PREPARE AND FILE PLANS AND SPECIFICATIONS; 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 IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11483 THIRD 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 RIGHT OF WAYS IN CERTAIN DEFINED AREAS; TO REQUIRE CERTAIN STANDARDS WHERE WATER LINES AND SANITARY SEWER LINES PARALLEL • Minutes Regular Council Meeting May 30, 1973 Page 9 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 MER- CANTILE 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. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano ,and Stark, present and voting "Aye". ORDINANCE N0. 11484 AMENDING ORDINANCE N0. 11066, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 6TH DAY OF SEPTEMBER, 1972, BY AMENDING SAID ORDINANCE SO AS TO CORRECT AND ADJUST THE ASSESSMENTS LEVIED AGAINST ABUTTING PROPERTY ON THE FOLLOWING STREETS: 1. Airport Road from a point 795 + L.F. South of the Morgan Avenue -014 Brownsville Road Intersection to a point 500 + L.F. North of the Morgan Avenue-0ld Brownsville Road Intersection 2. Morgan Avenue from Vera Cruz to the Intersection of Airport Road 3. 0ld Brownsville Road from the Intersection of Airport Road westward approximately 65o L.F. 4. South Staples Street, from 18th Street Southeast to Annapolis Drive, 5. Swantner Street, from 18th Street Southeast to Annapolis Drive AS HEREINAFTER PROVIDED; AND DECLARING AN EMERGENCY. The Chartet Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE N0. 11485 APPROPRIATING THE SUM OF $1,517.28 OUT OF THE NO. 220 STREET BOND FUND FOR PRO- JECT N0. 220-70-136, TO SUPPLEMENT EXISTING CONTINGENCY FUNDS FOR CHANGE ORDER N0. 1 AND RELATED QUANTITY OVERRUNS ($2530.56) IN THE CONTRACT WITH MAVERICK CONSTRUCTION COMPANY FOR INTERSECTION IMPROVEMENTS, EVERHART ROAD AT SOUTH STAPLES STREET; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE N0. 11486 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSENT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE TEXAS MEXICAN RAILWAY COMPANY, SAID AGREEMENT GRANTING PERMISSION TO THE CITY OF CORPUS CHRISTI TO CONSTRUCT A 21 INCH CONCRETE STORM SEWER UNDER THE TEXAS MEXICAN RAILWAY COMPANY'S TRACKS 257 FEET EAST OF MILE POST 159 NEAR THE INTERSECTION OF BALDWIN BOULEVARD AND HIGHWAY 44, CORPUS OIRISTI, TEXAS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". Minutes Regular Council Meeting May 30, 1973 Page 10 ORDINANCE NO. 11487 • AUTHORIZING AND DIRECTING THE CITY MANAGER TO F.XFCUTE A CONSENT AGREEMENT WITH THE TEXAS MEXICAN RAILWAY COMPANY WHEREBY THE RAILWAY COMPANY AGREES THAT THE CITY MAY INSTALL,MAINTAIN, OPERATE AND REPAIR A 12 -INCH WATER LINE UNDER T. M. SPUR TRACK NO. 61B, AT ABOUT STATION 5 + 64, ON AGNES STREET AT VILLA DRIVE, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11488 AUTHORIZING THE CITY MANAGER TO EXECUTE CONSENT AGREEMENTS WITH THE TEXAS MEXICAN RAILROAD COMPANY AND THE UNITED STATES OF AMERICA FOR THE CONSTRUCTION OF TWO STREET CROSSINGS INCLUDING UTILITIES AT ST. ANDREWS DRIVE AND HOLLY ROAD AND MALDEN DRIVE AND HOLLY ROAD ACROSS THE RAILROAD TRACKS AT RAILROAD STATION 483 + 00 AND 494 + 50 RESPECTIVELY, ALL IN CONNECTION WITH THE DEVELOPMENT AT RIDGEWOOD SUBDIVISION IN THE CITY OF CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11489 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CASEY & GLASS, INC., FOR CONSTRUCTION OF AN ADDITION TO AND THE REMODELING OF H.E.B. TENNIS CENTER; APPROPRIATING OUT OF NO. 299 SPECIAL PROJECTS FUND $49,000, OF WHICH $46,100 IS FOR THE CONSTRUCTION CONTRACT, $1,860.50 IS FOR ADDITIONAL ARCHITECT'S FEE OF WISZNIA & PETERSON, AND $1,039.50 IS FOR CONTINGENCY AND INCIDENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO. 200'.73-2; OF SAID APPROPRIATION $2,500 IS TRANS- FERRED TO NO. 299 SPECIAL PROJECTS FUND FROM NO. 121 GENERAL REVENUE SHARING FUND, ACTIVITY 5701, AND $9,500 IS TRANSFERRED TO NO. 299 SPECIAL PROJECTS FUND FROM NO. 102 GENERAL FUND ACTIVITY 4133, CODE 345; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, LozanoandStark, present and voting "Aye". ORDINANCE NO. 11490 APPROPRIATING OUT OF NO. 291 PARK BOND FUND THE SUM OF $5,335 FOR SPECIAL COM- MISSIONERS' AWARD OF $5100, FOR COMMISSIONERS' FEES AND COURT COSTS IN ACQUIRING PARCEL 31, BAYFRONT PARK SITE #4, IN CONDEMNATION CAUSE NO. 662, STYLED CITY OF CORPUS CHRISTI VS. MAY DOUGHERTY CARR KING, ET AL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11491 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ALLIED FENCE COMPANY FOR THE CONSTRUCTION OF THE CORPUS CHRISTI INTERNATIONAL AIRPORT PERIMETER AND SECURITY FENCE, SUBJECT TO THE APPROVAL OF THE AWARD AND GRANT OFFER BY F.A.A.; APPROPRIATING OUT OF THE NO. 245 AIRPORT BOND FUND $27,000, OF WHICH $24,999 Minutes Regular Council Meeting May 30, 1973 Page 11 IS FOR THE CONSTRUCTION CONTRACT AND $2,001 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". - ORDINANCE NO. 11492 APPROPRIATING OUT OF THE NO. 245 AIRPORT BOND FUND $6,672.62 APPLICABLE.TO PROJECT NO. 245-68-11.3, TO REIMBURSE THE TEXAS HIGHWAY COMMISSION FOR ENGINEERING SERVICES PERFORMED IN CONNECTION. WITH THE RELOCATION OF FARM ROAD 763; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11493 AUTHORIZING THE CITY MANAGER TO EXECUTE LICENSE GRANTING TO THE FEDERAL AVIATION ADMINISTRATION AUTHORITY TO CONSTRUCT ACCESS ROADS AND WALKWAYS FOR MAINTAINING THE VAST AND REIL FACILITIES ON RUNWAY 17-35 AND THE RIGHT OF INGRESS AND EGRESS TO THIS EQUIPMENT, ALL AS MORE FULLY SET FORTH IN THE LICENSE, 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: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano..and Stark, present and voting"Aye". ORDINANCE NO. 11494 GRANTING A REVOCABLE EASEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME, TO THE PERMIAN CORPORATION TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE ONE (1) 6 -INCH NATURAL GAS PIPELINE ACROSS A TRACT OF LAND OWNED BY THE CITY AND BEING OUT OF BLOCK 21, J. C. RUSSELL FARM BLOCKS, IN THE CITY CF CORPUS CHRISTI, MORE FULLY DESCRIBED IN THE REVOCABLE EASEMENT, A COPY OF WHICH EASEMENT IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; PROVIDING FOR PAYMENT OF THE FEE THEREIN PROVIDED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11495 AUTHORIZING THE CITY MANAGER TO EXECUTE A HOLD HARMLESS AGREEMENT WITH THE DEPART- MENT OF NAVY, IN ORDER THAT DESIGNATED SAFETY SECURITY OFFICERS MAY RECEIVE FIRE FIGHTER TRAINING AT THE NAVAL AIR STATION, CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". • Minutes Regular Council Meeting May 30, 1973 Page 12 FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AMENDING SECTION 21-155, SCHEDULE III, "PARKING PRO- HIBITED AT ALL TIMES ON CERTAIN STREETS", BY ADDING THERETO AN ITEM WHICH WILL HAVE THE EFFECT OF PROHIBITING PARKING AT ALL TIMES ON THE NORTH SIDE OF PADRE STREET, FOR A DISTANCE OF TWO HUNDRED (200) FEET EAST FROM THE INTERSECTION OF WINNEBAGO STREET; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11496 APPROPRIATING $894 FROM 207 PUBLIC BUILDING BOND FUND FROM INTEREST EARNINGS ON THE PROCEEDS OF THE $1,500,000 UPPER LEVEL COLLEGE BOND SALE FOR ESCROW SERVICES ($500), RECORDING FEES ($34), AND LEGAL SERVICES ($360), FOR PAYMENT TO CORPUS CHRISTI BANK & TRUST IN CONNECTION WITH THE CONVEYANCE OF THE TITLE TO WARD ISLAND AND THE RELATED UNIVERSITY OF CORPUS CHRISTI PERSONAL PROPERTY TO THE CITY ON MAY 21, 1973; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance•was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11497 APPROPRIATING $200 OUT OF 220 STREET BOND FUND TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO.10491, DATED SEPTEMBER 29, 1971, FOR THE ACQUISITION OF PARCEL NO. 10 OF THE SOUTH STAPLES STREET PROJECT FROM PADRE ISLAND DRIVE TO SARATOGA BOULEVARD, PROJECT NO. 220-70-107, FROM THE OWNERS, DOROTHY SANCHEZ, ET. AL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, presentandvoting "Aye". ORDINANCE NO. 11498 APPROPRIATING OUT OF NO. 220 STREET BOND FUND $1765 FOR ACQUISITION OF PARCEL 11, SOUTH STAPLES STREET IMPROVEMENTS, PROJECT NO. 220-70-107, SAID SUMS INCLUDING COMMISSIONERS' FEES, APPRAISERS COSTS, COURT COSTS AND AWARD OF SPECIAL COMMIS- SIONERS, ACQUIRED FROM CALVIN WALLACE, ET UX, IN CONDEMNATION PROCEEDINGS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11499 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI, TEXAS TO CONDEMN FEE TITLE TO A CERTAIN PARCEL OR TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CITING ANY OTHER PARTIES WHO MAY HAVE INTEREST OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCEL NO. 27 FOR WIDENING OF SOUTH STAPLES STREET, PROJECT NO. 220-70-107, SOUTH STAPLES -PADRE ISLAND DRIVE TO SARATOGA; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE OWNERS, WOOLRIDGE AND COMPANY TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. • • Minutes Regular Council Meeting May 30, 1973 Page 13 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11500 AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO CONDEMN FEE TITLE TO A CERTAIN TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CITING ANY OTHER PARTIES WHO MAY HAVE INTEREST OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCEL NO. 28, FOR PROJECT NO. 220-70-107, SOUTH STAPLES- PADRE ISLAND DRIVE TO SARATOGA; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE OWNERS, EDMOND M. HUNT ET UX, 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: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11501 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI, TEXAS, TO CONDEMN FEE TITLE TO A CERTAIN PARCEL OR TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CITING ANY OTHER PARTIES WHO MAY HAVE INTEREST OF RECORD, SAID CONDEMNATION BEING NECES- SARY FOR THE ACQUISITION OF PARCEL NO, 29 FOR WIDENING OF SOUTH STAPLES STREET, PROJECT NO. 220-70-107, SOUTH STAPLES -PADRE ISLAND DRIVE TO SARATOGA; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE OWNERS, JOHNIE HUNT, ET AL, 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: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11502 AUTHORIZING EMINENT DOMAIN PROCEEDINGS, TO CONDEMN FEE TITLE TO A CERTAIN PARCEL OR TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CITING ANY OTHER PARTIES WHO MAY HAVE INTEREST OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCEL NO. 35, SOUTH STAPLES STREET, WIDENING PROJECT NO. 220-70-107, SOUTH STAPLES - PADRE ISLAND DRIVE TO SARATOGA; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNA- TION PROCEEDINGS AGAINST THE OWNERS, GLEN W. BEARDSLEY AND WIFE, MARGARET I. BEARDSLEY, 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: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". • • Minutes Regular Council Meeting May 30, 1973 Page 14 ORDINANCE NO. 11503 AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH JACK RYAN, TRUSTEE, PROVIDING FOR THE REIMBURSEMENT OF FINANCIAL PARTICIPATION FROM OTHER pig IF AND WHEN RECEIVED TO OFFSET A PORTION OF THE COST OF A LIFT STATION AND FORCE MAIN CONSTRUCTED BY JACK RYAN, TRUSTEE, TO SERVE AN AREA OF APPROXIMATELY 312 ACRES, BOUNDED BY HOLLY ROAD AND WEBER ROAD SOUTH AND WEST THEREOF, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". RESOLUTION NO. 11504 CHANGING THE NAME OF "LENA PARK", LOCATED AT THE INTERSECTION OF HOLMES AND McARDLE STREETS TO "LIONS PARK"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Resolution was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales,Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". • • Minutes Regular Council Meeting May 30, 1973 Page 15 Mayor Luby called for petitions or information from the audience on matters not sche- duled on the agenda. Mr. Adan Alaniz, Jr., Project Coordinator for the National Veterans Outreach Program of the Corpus Christi GI Forum, appeared and complained to the Council that some Vietnam Veterans are being denied jobs with the Police and Fire Departments because they do not meet the 5'8" height requirement. He stated this restriction is a form of discrimination and, accord- ing to a recent ruling of the Supreme Court, is unconstitutional. He pointed out that some 45 thousand young men gave their lives in Vietnam who were under 5'8" in height. He requested that the Council forward this suggestion to the Civil Service Commission in the form of a Council recommendation. City Manager Townsend agreed with Mr. Alaniz, stating that he had believed for a long time that the height regulation should not prohibit those qualifying from being employed in these positions, and that the question had been brought before the Civil Service Commission on several occasions. Motion by Ricardo Gonzalez, seconded by Acuff and passed, that the Council recommend to the Civil Service Commission that the requirement be less restrictive, that the matter be brought up at their next meeting and a;report be furnished the Council the week fol- lowing their meeting. Mrs. Mary Helen Flores, resident of La Armada Housing Project, appeared and inquired as to why no action had been taken regarding her former complaint of police brutality against a police officer on May 25, 1973 in La Armada Park involving members of her family and others. She claimed that the policeman had overreacted in investigating a broken car windshield, and that she had not had the courtesy of a report from the City Manager and had only read the results of the investigation in the newspaper. City Manager Townsend stated that he had considered the matter closed after Mrs. Flores and others had failed to give.further information and furnished assistance in getting statements from other persons as he had requested earlier following the incident. He stated he could not charge a police officer with wrongdoing without sufficient evidence; that he had not received statements from persons in the immediate vicinity at the time the police unit • • Minutes Regular Council Meeting May 30, 1973 Page 16 arrived on the scene. He offered to go out and personally pick up the statements if Mrs. Flores would make arrangements for them. Mrs. Flores stated the identity of some of the witnesses were unknown to her and some of the others were afraid to besubpoenaedand did not want to be called from their jobs. She stated she could not force them to make the statements. Mayor Luby gave Mrs. Flores his personal assurance that he would investigate the matter and report. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANA- GER 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 second time and passed to third reading by the following vote: Luby, Acuff, Branch, Gonzales, Gonzalez, Lozano, and Stark, present and voting "Aye". City Secretary Kring reported that notice of the action contained in Ordinance No. )1482, relative to determining necessity for and ordering improvement of portions of 15th Street, Espinosa, Dolores and 18th Streets, had been filed in the office of the Nueces County Clerk as required by law, ORDINANCE NO. 11505 APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING SERVICES, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. 15th Street, from the south R.O.W. line of Morgan Street to the north R.O.W. line of Ayers Street; 2. Espinosa Street, from Presa Street to Highland Avenue; 3. Dolores Street, from Highland Avenue to Ruth Street; and 4. 18th Street, from Morgan Avenue to Ayers Street; 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 HEARING TO BE HELD JULY 3, 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. • • Minutes Regular Council Meeting May 30, 1973 Page 17 The Charter Rule was suspended and the foregoing ordinance was passed by the follow- ing vote: Luby, Acuff, Branch, Gonzales, Gonzalez, Lozano, and Stark, present and voting "Aye" There being no further business to come before the Council, the meeting was adjourned at 4:00 p.m., May 30, 1973. I, JASON LUBY, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of May 23, 1973 to May 30, 1973, inclusive, having been previously approved by Council action, are by me hereby approved. ASON LUBY, May City of Corpus Christi, Texas