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
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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
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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.
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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
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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
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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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.
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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.