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HomeMy WebLinkAboutMinutes City Council - 06/13/1973MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING June 13, 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 Robert W. Fink, Minister of the Bethany Christian Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Branch, seconded by Acuff and passed, that the Minutes of the Regular Council Meeting of May 30, 1973, be approved as submitted to the Council. Mayor Luby announced the public hearing on the request to close a portion of the alley located in Block 5 of Sunset Place. City Manager Townsend presented the request and described the location of the alley on the map, pointing out that the one-half of the alley abutting Lots 9 and 10 had not been included in the request because these lots are not owned by the applicant and might be needed for access purposes by the owners. He stated the request had been submitted by Southwestern Oil &Refining Company; that the one-half of the alley abutting Lot 16 had been requested separately but that notices had been sent to property owners on both requests. He stated the alley is not now in use and is not needed, that the parking lot has been paved over the alley and fenced; that there had been no objections from the affected City Departments, and `no concern with regard to utilities as there are no lines in the alley which would need to be relocated. He stated it is his recommendation that the alley be closed as requested. No one appeared in opposition to the foregoing request. Motion by Stark, seconded by Thomas Gonzales and passed, that the hearing be closed. Motion by Stark, seconded by Lozano and passed, that the request of South - Western Refining Company to close the northeastern one-half of the alley in Lot 5, the southwestern one-half of the alley between Lots 9 & 10 and Lots 11 & 12, and all of • • Minutes Regular Council Meeting June 13, 1973 Page 2 that alley located between Lots 6 through 8 and Lots 13 through 16, within a portion of Block 5, Sunset Place, be granted, and that an ordinance be brought forward effectuating the change. Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented requests and recommendations with related comments and explanations, as follows: a. That Council authority be granted to receive bids at 11:00 a.m., Tuesday, July 10, 1973 for 25 Portable Transmitter, Receiver and Recording Systems for the Police Department. Money has been made available under U,S. Government Grant entitled Citizens Police Contact Monitoring. Six different frequencies will be involved so that simultaneous readings of different conversations can occur at large events. The transmitter will be carried by the officer and the receiver and recorder will be in the trunk of the car. b. That Council authority be granted to receive bids at 11:00 a.m., Tuesday, July 10, 1973 for a Power Paper Cutter for the Print Shop. Funds have been made available in the 1972-73 budget to cover this purchase. c. That a contract be awarded to Girard Machinery Company, Corpus Christi, Texas, for a Trailer Mounted Air Compressor on the basis of low bid of $5,000.00 including trade-in. This is a budgeted replacement item for the Wastewater Services Division. The low bid is in full compliance with the specifications except it weighs 2610 pounds rather than at least 2700 pounds as specified. The specifications provide for waiving minor variances as long as the intent of the specifications are met. Bids were received from seven firms. (Bid Tabulation #27-73) d. That Council authority be granted to receive bids at 11:00 a.m., Tuesday, July 10, 1973 for the budgeted purchase of Real Property Tax Records for the Tax Division. e. Award of City—Depository Contract, considered separately. See sub- sequent motion. f. That the City Manager be be authorited"tb e8etiite ® sub -contract With the National League of Cities/11.9. Conference of Mayors for a SuMner Transportation Grant of $6,300. These funds will support youth transportation to summer work sites and special tours and activities provided through the summer recreation program. • • Minutes Regular Council Meeting June 13, 1973 Page 3 g. That the City Manager be authorized to accept an FAA Grant offer of $41,000 for the federal share of one-half of the cost of installation of Security Perimeter Fencing :at Corpus Christi International Airport and for the acquisition of crash -fire -rescue equipment. - h. That an agreement be entered into with the owner -developer of Lot 13, Glenoak Subdivision, for the relocation of existing utility lines at their expense and in accordance with the City's specifications. i. That the utility easement crossing Lot 13, Glenoak Subdivision be abandoned. The affected departments concur in this recommendation. J. That a revocable easement be granted to E. C. Peterson, Truster, and Chriss-Rae Corporation so that an illuminated masonry sign can be moved into the right-of-way of Ayers Street between Horne Road and Cuiper Street. The City has previously granted a revocable easement for parking as part of the exchange wherein additional right-of-way for Horne Road was donated to the City. The shopping center sign is now located in what will become an access lane in the parking lot and, therefore, needs to be moved. It will be located within the area of the revocable permit for parking, k. That the public hearing on assessments for Columbia Street from Lolita Street to Bloomington Street be closed and that the corrected assessment roll be adopted, 1. That a contract for the Pump Station "A" Gate Replacement be awarded to W. T. Young for $87,854.00 and that $90,000.00 be appropriated from first entitlement revenue sharing. The work will commence after the hurricane season but time to order the material is required, The contractor will be requested to order the materials immediately upon award of the contract. This is the first recommended capital expenditure from the first entitlement payment. m. That garbage collection service be changed to twice each week with trash collection on Wednesdays, either weekly or every second week and that the ordinance be amended to realign the fees and schedules for pick-ups at business and commercial institutions to conform with the five daywork week for the Sanitation Division employees. The fees will remain the same apd the schedules will be changed • • Minutes Regular Council Meeting June 13, 1973 Page 4 to two times per week and four times per week, instead of three times per week and six times per week. n. That the City Manager be authorized to grant and renew franchises to Corpus Christi Transportation Company, Red Top Cab Company, King Taxi, and Star Cab Company for a five-year period. The franchises expired in September 1972. The companies have been operating on a month-to-month agreement since the expira- tion of their franchise agreements. o, That Dr. Willard T. Rushton be employed at a cost not to exceed $6,000 to carry out the continuing evaluation of the Police Department's Community Relations Program. The estimated cost is included in the City -Federal project budget. Dr. Rushton is a Professor of Sociology at Del Mar (7 years) and has been actively involved with the Police Department for two years, including an evalua- tion of the Community Relations Program in 1972. The evaluation will include direct activity observation and an attitude survey at the beginning and end of the year's program of a random sample of 500 people. p. That the City Manager be authorized to execute Change Order No. 1 to the contract with Burtex Constructors, Inc., for Horne Road Street Improvements, Unit I, Columbia to MacArthur, that $25,661.55 be appropriated, and that 25 working be added to the contract time making the total 130 working days. days-/ The Change Order provides for the construction of improvements to Columbia Drive from Bloomington Street to Lolita Street. q. That Ordinances 11482 and 11505 be amended to correct the descrip- tion of Espinosa Street to read from Reyna Street to Highland Avenue rather than from Pressa Street to Highland Avenue, the correction necessary because of a typing error had provided the wrong description. There was discussion from the audience relative to Item "m" that garbage collec- tion service be changed to twice each week. Inquiries were made as to whether or not business and commercial schedules will be the same, and whether or not the number of pick ups will be adjusted according to the areas where more garbage is likely to accumulate. City Manager Townsend explained that Corpus Christi is one of one or two cities in the entire south where garbage service is available three times a week, and in most cities the pickup is twice a week, and in some, only once a week. He stated that the health aspects of this proposed change had been discussed with the Health Department and other cities several months ago with no problems in that regard reported. He pointed out that Wednesdays • Minutes Regular Council Meeting June 13, 1973 Page 5 will be solely devoted to brush pickup and the proposed change will be an improvement of this service. He stated that the primary reason for the proposed change is to allow the sar,ita- tion workers to work five days a week; that all routes are being rescheduled on the basis of this change, and it is hoped that a better balance will result. He stated the workers may still go home when they have completed their routes as usual. Mr. David Saenz spoke in opposition to the proposed twice a week garbage pickup, stating it would increase the number of rodents and insects and would be a health hazard. He also stated that the trucks appear to be running behind schedule even on the present schedules and did not see how they could possibly keep up with twice a week pickups. He commented that this City should not be concerned with situations in other cities which could not be com- pared to this community. Motion by Acuff, seconded by Stark and passed, that the foregoing City Manager's Reports, Items "a" through "q", with "e" considered separately, be accepted, and that the requests and recommendations be granted and approved as presented by the City Manager. City Manager Townsend presented recommendar"on "e" that the City Depository Contract for the next two years be made to Corpus Christi Bank and Trust on the basis of the recommendation of the Director of Finance that their bid was the best bid of the two sub- mitted. He recognized in the audience Mr. Ron Arnold, Executive Vice President off State National Bank, and asked him to make further comments which he had initiated at the work- shop meeting prior to this meeting. Mr. Arnold stated that because the bid of Corpus Christi Bank and Trust and that of Corpus Christi State National were so close, he felt the award could not be made on a fair and equitable basis. He challenged the method of calculation by the Director of Finance which indicated some inconsistent emphasis on re -purchase agree- ment compared to two years ago when his bank was highest in :that category. He stated he believed he could show his bank's bid was best just by changing some of the assumptions involving how much money would be invested in a given amount. He suggested that the two banks be named as co -depositories with his bank handling the deposits in the categories for which it submitted the high bids and Corpus Christi Bank & Trust handling deposits in the categories for which it was the high bidder. • Minutes Regular Council Meeting June 13, 1973 Page 6 Mr. Townsend stated the proposed joint agreement giving the City the top interest offered in the five categories would be financially advantageous to the City, and that he sees no objec- tion to the arrangement, but that there would be a question if naming co -depositories would affect the competiveness of bidding two years from now. Mr. Ivan Wilson, President of Corpus Christi Bank & Trust, expressed pleasure at having served the City for the past two years. He stated he agreed with the recommendation of the City Staff in effect saying that his bank submitted the best of two bids. He stated if the Council wished to name the two banks as co -depositories he felt that it could be worked out, but at this point, he is in the position of not completely understanding how the proposal of Corpus Christi State National would be to the advantage of the City. He stated if the co -depository arrangement could be worked out without great detriment to his company, they would be willing to work with the City and State National and felt it could be arranged. Motion by Branch, seconded by Stark and passed, that the Corpus Christi Bank & Trust Company and Corpus Christi State National Bank be named as co -depositories, subject to a joint arrangement of the two banks being worked out by next week on how the funds would be divided. Motion by Acuff, seconded by Branch and passed, that the two ordinances which were tabled May 6, 19739 relative to the position of Assistant City Secretary -Assistant to the Mayor, be brought forward for disposition. Mr. Acuff made the following statement: "Mayor Luby has advised the Council that he does not require the services of the Assistant City Secretary, and since he is able to devote full time to his office that he only requires one secretory. This is fine, however, the rest of the Council is unable to spend full time at City Hall and considers it necessary to have the position of Assistant City Secretary to support the needs of the balance of the Council in their work on regular City business plus the all important decisions on allocation of the multimillion dollar revenue sharing funds. In addition, the position should be retained for the benefit of future mayors who might not be able to give full time to the office. The Charter does not provide for a full time mayor and this should not be a prerequisite for the office. I, therefore, move that the proposition to abolish the position of Assistant City Secretary be dropped immediately and that the • Minutes Regular Council Meeting June 13, 1973 Page 7 Council's full attention focus on the needs of our City." The motion was seconded by Commissioner Branch. Mayor Luby made the following statement: "In that connection, I wish to state that the position in question was created pursuant to the wishes of a former mayor set forth very explicitly in a memorandum to the City Council dated October 28, 1968. The memorandum stated, under the heading 'Organizational Relationships' that... ,the position will report to the Mayor and be responsible only to the mayor.... Under the heading 'Examples of Duties', the memorandum stated further that the person occupying the position shall. ...assist the City Secretary as requested by the City Secretary.,.. Just as it was the former mayor's determina- tion that he needed an administrative assistant, it is my determination that I do not need an administrative assistant. It is my judgment that the work load in the Mayor's office can be carried quite adequately with the help of a secretary and with the assistance of City Secretary Ray Kring and the personnel of his office. The Secretary in the Mayor's Office will be available to the various members of the City Council to make reservations, etc. Certainly this should be adequate assistance for all of us. We thereby will save the taxpayers approxi- mately $15,000 a year, and I feel strongly that we have such an obligation. The need for assistance to the City Secretary by the person occupying the position in question has not materialized over the years and is not likely to materialize in the foreseeable future due to Mr. Kring's decision to continue to serve as City Secretary. So any justification of the position on *at basis is groundless. In view of what I have just stated, I announce to you *at, effective immediately, I am divesting myself of the services of Mr. Bill Read. If the Council wishes to retain him, Mr. Read can relocate himself elsewhere than in my office and he will be your responsibility to the public." Members of the Council expressed the desire that the controversy over the posi- tion of Assistant City Secretary -Administrative Assistant to the Mayor be put to rest in order that the Council can get on with more important matters confrontingthe Council. Commissioner Stark stated he personally felt the position was needed for a liaison for public information with City Hall and for the taking care of extracurricular activities which the Council does not have time to perform together with their regular 40 Minutes Regular Council Meeting June 13, 1973 Page 8 hour work week. He stated he resented the fact that reference is still being made to the poli- tical party on which six members of the Council ran for election; stating this party ;eased to exist after the election and the Council must now function as a unit with all party affiliations lost. Mr. Joe Tanner, 4830 Karchmer, spoke in support of the Mayor's attempt to abolish the position. Mr. Tanner stated he had learned that Mr. Read had worked actively for the NOW Party during the campaign and read a potion of Article VI, Section 10, of the City Charter setting out regulations and penalties for City employees regarding such activi- ties. He stated he had facts to support this claim, and it was his opinion that the Co ,'toil would have no alternative but to take corrective action. Mr. Tanner challenged the promo- tions give Mr. Read during the 5 years he had served in his present position, stating the rapid advancement in salary was discriminatory against other City employees. Mr. Tanner was asked to provide the Council with written statements before the next Council meeting of any information supporting this claim in regard to unethical politica' cctivties engaged in by Mr. Read, and if the evidence is substantial, the claim would be investigated. City Manager Townsend explained that under the Classification Plan, positions above Grade 25 can be advanced to two steps as determined by the Department Head and approved by the City Manager. He pointed out that in the case of the Assistant to the Mayor, these advancements were approved by the City Council. Mr. Travis Parker, 2613 Lynch, stated he felt the provisions of the City Charter should be enforced and it should not be left up to the citizens of the community to make charges. Mr. David Saenz spoke in support of the Mayor's attempt to save the taxpayers $15,000 by abolishing the position of Assistant to the Mayor, but appealed to the Council to work together for the betterment of the community. Mr. Saenz also made comments relative to the City spending millions of dollars for a convention center for which he feels there is no need, commenting that there are street improvements which should come first. Mr. Cecil Parker, 1033 Airline, stated he fell the office of Assistant to the Mayor was definitely needed and wanted to go on record to this effect. He commended Mr. Read's handling of the affairs of this office during the 5 -year period he has occupied Minutes Regular Council Meeting June 13, 1973 Page 9 the position, stating he had had numerous occasions to use his service and had never failed to receive prompt attention. Mrs. Neva Jones, speaking as an individual, , commended Mr. Read's effi- cient handling of extending welcome to VIP's of the Navy and stated his services would be missed and the position should not be abolished. Mr. Harold Alberts, 618 Dolphin, urged the Council to live up to their Oath of Office and unite and work in harmony for the benefit of the Community. He stated he did not feel the position of the Assistant City Secretary was the real issue, but stated when harmony and friendship is established, the issue of Mr. Read's position would be solved. Miss Mary Lou Huffman, 402 Old Robstown Road, generally commended the services of Mr. Read, and particularly for his contribution to the functions of the Sister City Committee, pointing out the importance of this Committee in bringing about strong ties between the City of Yokosuka and Tampico. She stated she felt there woJld be an undue responsibility placed on Mr. Kring and his office personnel to abolish the position of Assistant to the Mayor. Mr. W. W. Trotter, stated he felt the wishes of over 10,000 voters should be respected by supporting the efforts of the Mayor to carry out his campaign promise to abolish this office and save the taxpayers' money. Mr. Bill Huff, Palmetto Street, stated he felt Mr. Read has done an outstand- ing job for the public and industry, and in his opinion, is worth every cent of his salary and more. He congratulated the Council for the selection of this person in the position. Mr. Emanuel Saldana, 2841 Horne Road, stated the Council should respect the Mayor's wishes and in so doing, would be respecting the mandate of the people. Commissioner Stark stated this Council has no quarrel with the Mayor as to whether or not he needs the services of an assistant, but he still feels the Council needs someone to serve the rest of the Council as liaison for public relations, and this position should be preserved for any future mayor. Mayor Luby read again the statement of former Mayor Jack Blackmon directed to the Council when the position was created in 1968 setting out duties of the position and requested that each member of the Council read it. He stated the position, according to The minutes of June 13, 1973 are missing page 10. After further research, the original document and the microfilm are also missing this page. • • Minutes Regular Council Meeting June 13, 1973 Page 11 The foregoung ordinance was read for the third tlme and passed finally by the following vote: Luby, Acuff, Branch, '1. Gonzales, R. Gonzalez, Lozano; and Stark, present and voting "Aye" RESOLUTION NO. 11515 THIRD 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 SECRE- TARY 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 third time and passed fi'Lally by the following vote: Luby, Acuff, Branch, T. Gonzales, R. Gonzalez, Lozano, and Stark, present and voting "Aye". SECOND READING OF AN ORDINANCE AMENDING SECTION 21-97 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO ADD TO THE LIST OF STREETS UNDER SUBSECTION (b; THEREOF THE NAME OF SOUT-I PORT AVENUE„ THE WEST SIDE OF THE 500 BLOCK THEREOF, RELATING TO PARALLEL PARKING WITHIN TE -IE CITY OF CORPUS CHRISTI; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the set_ond time and passed to third Bread- ing by the following vote: Luby, Acuff, Branch, T. Gonzales, R. Gonzalez, Lozano, and Stark, present and voting "Aye". ORDINANCE NO. 11516 AUTHORIZING THE CITY MANAGER TO EXECUTE A SUB -CONTRACT WITH THE NATIONAL LEAGUE OF CITIES-U.S.CONFERENCE OF MAYORS, INC. FOR THE 1973 SUMMER YOUTH TRANSPORTATION PROGRAM, CONTRACT NO. 99-3-0006-025, 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: Luby, Branch, T. Gonzales, R. Gonzalez, Lozano, Acuff, uid Stark, present and voting "Aye". ORDINANCE NO. 11517 AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE F.A.A. FOR INSTALLATION OF PERIMETER FENCING AND A CRASH FIRE RESCUE VEHICLE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, ACCORDING TO THE TERMS AND CONDITIONS SET OUT IN THE GRANT AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting June 13, 1973 Page 12 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, T. Gonzales, R. Gonzalez, Lozano, and Stark, present and voting "Aye". ORDINANCE NO, 11518 CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: COLUMBIA DRIVE FROM THE SOUTH RIGHT OF WAY LINE OF LOLITA STREET TO THE NORTH RIGHT OF WAY LINE OF BLOOMINGTON 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 COLLECTION; AND DECLARING AN EMER- GENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, T. Gonzales, R. Gonzalez, Lozano, and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE AMENDING SECTION 18-22 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, TO ADJUST THE SCHEDULE AND CHARGES FOR TRASH AND GARBAGE COLLECTION AND DISPOSAL FOR BUSINESS AND COM- MERCIAL INSTITUTIONS, IN ORDER TO APPLY THE FEES TO TWO DAYS PER WEEK PICK UP AND FOUR DAYS PER WEEK PICK UP, INSTEAD OF THREE DAYS AND SIX DAYS, RESPECTIVELY; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE. The foregoing ordinance was read for the first time and passed to second read- ing by the following vote: Luby, Acuff, Branch, T. Gonzales, R. Gonzalez, Lozano, and Stark, present and voting "Aye". ORDINANCE NO. 11519 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH W. T. YOUNG CONSTRUCTION COMPANY FOR THE PUMP STATION "A" GATE REPLACEMENT; APPROPRIATING AND REAPPROPRIATING OUT OF THE NO. 121 GENERAL REVENUE SHARING FUND, ACTIVITY 4941, CODE 502, $90,000. OF SAID APPROPRIATION $87,854 IS FOR THE CONSTRUCTION CONTRACT AND $2, 146 IS FOR CONTINGEN- CIES 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, T. Gonzales, R. Gonzalez, Lozano, and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE GRANTING TO CORPUS CHRISTI TRANSPORTA- TION COMPANY A FIVE YEAR FRANCHISE IN THE FORM PRESCRIBED BY ORDINANCE NO, 4536, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER THE PUBLIC STREETS,ALLEYS, AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR • Minutes Regular Council Meeting June 13, 1973 Page 13 MODIFYING SAID FORM BY PROVIDING FOR PAYMENT OF 2% OF GROSS RECEIPTS. The foregoing ordinance was read for the first time and passed to second reading by the following vote: Luby, Acuff, Branch, T. Gonza&es, R. Gonzalez, Lozano, and Stark, present and voting "Aye" FIRST READING OF AN ORDINANCE GRANTING TO VICTOR MORENO D/B/A RED TOP CAB COMPANY A FIVE YEAR FRANCHISE IN THE FORM PRESCRIBED BY ORDINANCE NO. 4536, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER THE PUBLIC STREETS, ALLEYS, AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR MODIFYING SAID FORM BY PROVIDING FOR PAYMENT OF 2% OF GROSS RECEIPTS. The foregoing ordinance was read for the first time and passed to seco,sd reading by the following vote: Luby, Acuff, Branch, T. Gonzales, R. Gonzalez Stark, present and voting "Aye". Lozano, crad FIRST READING OF AN ORDINANCE GRANTING TO LONNIE KING, DBA KING CAB CO., INC., A FIVE YEAR FRANCHISE IN THE FORM PRESCRIBED BY ORDINANCE NO. 4536, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER THE PUBLIC STREETS,, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR MODIFYING SAID FORM BY PROVIDING FOR PAYMENT OF 2% OF GROSS RECEIPTS. The foregoing ordinance was read for the first time and passed to second reading by the following vote: Luby, Acuff, Branch, T. Gonzales, R. Gonzalez, Lozano, and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE GRANTING TO JOE E. MANUEL, DBA STAR CAB COMPANY A FIVE YEAR FRANCHISE IN THE FORM PRESCRIBED BY ORDINANCE NO. 4536, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER THE PUBLIC STREETS, ALLEYS, AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR MODIFYING SAID FORM BY PROVIDING FOR PAYMENT OF 2% OF GROSS RECEIPTS. The foregoing ordinance was read for the first time and passed to second reading by the following vote: Luby, Acuff, Branch, T. Gonzales, R. Gonzalez, Lozano„ and Stark, present and voting "Aye". ORDINANCE NO. 11520 AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 1 TO THE CONTRACT WITH BURTEX CONSTRUCTORS, INC. FOR CONSTRUCTION OF HORNE ROAD STREET IMPROVEMENTS, UNIT 1, COLUMBIA PARKWAY TO MACARTHUR STREET, SAID CHANGE ORDER PROVIDING FOR IMPROVEMENTS TO COLUMBIA DRIVE FROM BLOOMINGTON STREET TO LOLITA STREET, AND PROVIDING 25 ADDITIONAL WORKING DAYS TO THE CONTRACT; APPROPRIATING OUT OF NO. 220 STREET BOND 'FUND $25,661.55 FOR SAID CHANGE ORDER, APPLICABLE TO PROJECT NO. 220-70-111; AND DECLARING AN EMERGENCY. • • Minutes Regular Council Meeting June 13, 1973 Page 14 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, T. Gonzales, R. Gonzalez, Lozano, and Stark, present and voting "Aye". ORDINANCE NO. 11521 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH GEORGE B. BARNES AND JEROME G. FELDMAN, DBA LAGUNA MADRE MOBILE HOME PARK, LOCATED ON LOT 13, GLENOAK SUBDIVISION, PROVIDING FOR THE RELOCATION OF CERTAIN EXISTING UTILITY LINES LOCATED IN SAID LOT 13, AT THE EXPENSE OF THE OWNERS OF SAID LAGUNA MADRE MOBILE HOME PARK, IN ACCORDANCE WITH SPECIFICATIONS OF THE CITY OF CORPUS CHRISTI, A COPY OF WHICH AGREE- MENT IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, T. Gonzales, R. Gonzalez, Lozano, and Stork, present and voting "aye". ORDINANCE NO. 11522 CLOSING AND ABANDONING A UTILITY EASEMENT WHICH IS LOCATED IN LOT 13, GLENOAK SUBDIVISION IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, WHICH EASEMENT IS DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, T. Gonzales, R. Gonzalez, Lozano, and Stark, present and voting "Aye". ORDINANCE NO. 11523 AMENDING ORDINANCE NOS. 11482 AND 11505, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 30, 1973, ORDERING THE IMPROVEMENT OF CERTAIN STREETS IN THE CITY OF CORPUS CHRISTI, SO AS TO CORRECT ITEM 2 TO HERE- AFTER READ AS FOLLOWS: "2. ESPINOSA STREET, FROM REYNA STREET TO HIGHLAND AVENUE"; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, T. Gonzales, R. Gonzalez, Lozano, and Stark, present and voting "Aye". ORDINANCE NO. 11524 AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT FOR THE PURPOSE OF ERECTING AN ILLUMINATED MASONRY SIGH WITHIN THE RIGHT OF • • Minutes Regular Council Meeting June 13, 1973 Page 15 WAY OF AYERS STREET BETWEEN HORNE ROAD AND CUIPER STREET (SOUTH SIDE), SAID AREA HAVING PREVIOUSLY BEEN GRANTED A REVOCABLE EASEMENT FOR PARKING TO E. C. PETERSON, TRUSTEE, BY ORDINANCE NO. 10185, SUCH SIGN TO CONFORM TO ALL CITY ZONING AND BUILDING CODE REQUIREMENTS AND TO BE PERMITTED TO REMAIN IN THE RIGHT OF WAY OF AYERS STREET UNTIL SUCH RIGHT OF WAY IS NEEDED FOR FUTURE CITY USE, AND SAID SIGN TO BE LOCATED AT ENGINEER'S STATION 21 + 50, SAID SIGN TO BE CONSTRUCTED THIRTEEN (13') FEET INTO THE AYERS STREET RIGHT OF WAY IN ACCORDANCE WITH THE REVOCABLE EASEMENT ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF BY REFERENCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, T. Gonzales, R. Gonzalez, Lozano, and Stark, present and voting "Aye". Mayor Luby announced the public hearing for Prescott Street Improvemer) from Gollihar to near the intersection of the Crosstown Expressway. City Manager Townsend explained the purpose of the hearing and the legal pro- cedure to be followed, stating that abutting property owners or those claiming any interest in said proceedings may appear to be heard in person or by counsel and offer evidence concerning any matter connected with the improvements or assessments. He stated the Director of Engineering Services would present plans and specifications of the project and Assistant City Attorney Michael May would conduct the hearing. Assistant City Attorney May stated the purpose of this hearing was to comply with the statutes regarding paving assessments; that testimony would be heard from the Director of Engineering Services, and evaluation testimony from a real estate appraiser to substantiate the assessments which appear on the preliminary assessment roll, and that this hearing is to form a basis on which the Council, acting as a legislative body, woe d determine or establish the assessments on the abutting properties, Director of Engineering Services James K. Lontos was interrogated as to his identity, occupation, time of residence in the City, formal qualifications and familiarity with the subject project. He presented plans for the proposed improvements, explained the nature, extent and specifications, and pointed out the location on the map, stating that the improvements involved Prescott Street, from the north right of way line of Gollihar Road to the Intersection of the Crosstown Expressway. He stated the assessment rates have been calculated in accordance with the City's assessment policy using the unit • • Minutes Regular Council Meeting June 13, 1973 Page 16 bid prices as submitted by Burtex Constructors, the low bidder; that the total contract price is $241,223.17; total estimated assessments, $48,230.56, and total cost to the City is $192,992.61. He stated that adjustments had been made where lots side onto the subject street and corrections made on the assessment roll. Interested persons in the audience were given an opportunity to question Mr. Lontos relative to the plans and specifications. Mr. Reymundo'Fuentes, Item #34, inquired if he had been assessed for side- walks, stating his sidewalks were in good condition. He also requested that his driveway be changed from Yale Street to Prescott. Mr. Lontos stated he had been given credit for sidewalks and that arrangements could be worked out for construct- ing his driveway on Prescott. Mr. Ocampo R. Cuellar, Item #3, stated the City had destroyed the gutters at this location when the storm sewers were installed, and they had not been replaced. Mr, Lontos explained that new paving was probably put back over the top of the curbs in order to get the grade. He stated that this will be investigated, Mr. Harold Carr testified as to his identity as a real estate appraiser, time of residence in the City, occupation, experience as an appraiser of all types of real estate, residential, commercial, vacant and rural, his present occupation as a real estate broker, and familiarity with the subject project, a copy of which qualifications are on file with the City Secretary, He described the general area, and stated he had personally examined each parcel of land and found there were some unusual shaped lots which in his opinion will need some discussion and possibly some adjustment in the assessments. He stated each and every parcel would be enhanced in value as a result of the improvements at least to the amount of the assessment, with the exception of the following: Item #1, A. L. Rankin, Lot 1, Block 1, A. L. Rankin Subdivision, Mr, Carr stated this service station has some improvements that were approved at the time of installation; that this had been called to the attention of the Engineering Department, and there will be credit given for existing curb and gutter and paving which is standard, but no credit for driveways or sidewalks. Be stated the correct figure of assessment would be a matter to be worked out by the Engineering Depart- ment. • Minutes Regular Council Meeting June 13, 1973 Page 17 Item #2, American Home Builders, Inc., Prescott Park Unit 4. Mr. Carr stated that the width of the sidewalks would be reduced and the correct figure of assessment would be a matter of mathematics. Coordinator for Voluntary Paving, Joe Pierce, stated that these corrections have been made on the revised assessment roll. Item #18, Demetrio Toyer. Jr., Lot 12, Block 2, Midway Addition. Mr. Carr stated this lot is a corner lot on Horne Road and Prescott and is presently assessed one-half residential rate. He stated the property is being used for commercial purposes, and the full assessment should apply. Mr. Carr recommended reductions on the following parcels because of the irregular shaped lots and variations in depth: Item #24, Ralph M. McGill, Lot 16, Block 1, Lee Ann Estates - total assess- ment reduced from $1489.37 to $1136.77; Item #25, Fred Brulloths, Lot 11, Block 2, Lee Ann Estates - total assess- ment reduced from $1496.07 to $1173.74; Item #26, Georgia Davis, Lot 10, Block 2, Lee Ann Estates - total assess- ment reduced from $1502.15 to $1234.07; Item #27, Henry S. Brulloths, Lot 12, Block 3, Lee Ann Estates - total assessment reduced from $1865.38 to $1677.57; Item #28, American Bottling Company, Lot 13, Block 3, Lee Ann Estates - total assessment reduced from $3752.55 to $2,401.54. The market value of the foregoing five parcels was discussed, and City Manager Townsend pointed out that the assessments were based on the industrial zoning; that property owners had not responded to advice to come in and make appli- cation for residential zoning, but had indicated they wanted it to remain industrial and would be sold as industrial. Mr. Townsend stated the land is clearly residential and should be zoned as such. No one else appeared to be heard in connection with the proposed street improvements. Motion by Stark, seconded by Acuff and passed, that the hearing be closed and the recommended adjustments be taken under advisement. Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. No one appeared. There being no further business to come before the Council, the meeting was adjourned at 5:30 p.m., June 13, 1973.