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HomeMy WebLinkAboutMinutes City Council - 08/01/1973i • MINUTES CITY OF CORPUS CHRIS'T'I, TEXAS REGULAR COUNCIL MEETING August 1, 1973 3:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez 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 Commissioner Branch in the absence of the invited Guest Chaplain. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Branch, seconded by Lozano and passed, that the Minutes of the Special Meeting of June 28; Special Meeting of July 5; Regular Meeting of July 11; and Regular Meeting of July 18, 1973, be approved as submitted to the Council. Mayor Luby announced the issuance of a proclamation designating August 1 through August 7, 1973, as NATIONAL CLOWN WEEK, Mayor Luby, assisted by the respective department head or supervisor, presented Retirement Plaques to the following City employees: Auerlio Aguilar, Gas Division - 18 years service; Pete B. Cann, Street Division - 16 years service; Lloyd Clarkson, Inspection Section - 37 years service; Marion A. Petty, Inspection Section, - 27 years service; Luis D. Ruigomez, Street Division - 19 years service; Reyes M. Segovia, Wastewater - 30 years service; and L. D. King, Engineering Services - 12 years service. Mr, Rick Dow and Mr, Beto Garcia, representatives of the Texas Jazz Society, commended and expressed appreciation to Mayor Luby for his participation in making the recent local Jazz Festival a success. He wes presented a plaque in recognition this service. 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 a contract be awarded to Phoenix Supply Division, Corpus Christi, to furnish the City's requirements for 1973-74 of Black and Galvanized Steel Pipe on the basis of low bid meeting specifications for $13,663,73. A price comparison reflects Minutes Regular Council Meeting August 1, 1973 Page 2 a 20% increase over the 1972-73 contract. Bids were received from six firms.(Bid Tab. #43-73) b. That contracts be awarded to the following firms for 1973-74 require- ments of Gas Regulators on the basis of low bid meeting specifications: UNIVERSAL LANCASTER, INC., Dallas, Texas(Item 1) ROCKWELL INTERNATIONAL, Houston, Texas (Item 2) SPRAGUE METER CO., Bridgeport, Conn. (Item 3) Grand Total $7,740.00 2,398.50 2,281.25 $13,119.75 Quoted prices reflect a 10% increase over the years contracts. Bids were received from four firms. Bid Tabulation #44-73) c. That contracts be awarded to the following firms to furnish the City's 1973-74 requirements of Hand & Garden Tools: NORVELL-WILDER SUPPLY CO.. Corpus Christi - LOTS I, IV, VI, VIII, X, XI, XII, XIV, XV, & XVII) WALLACE CO., INC., Corpus Christi - LOTS II, III & XVI) PHOENIX SUPPLY DIV., Corpus Christi (LOT V) ALAMO IRON WORKS, Corpus Christi (LOT VII) Grand Total $25,011.81 4,041.18 4,660.49 621.78 $34,557.50 Price comparison shows an increase of 6% over 1972-73 contracts. Bids were received from eleven firms. (Bid Tabulation #45-73) d. That contracts be awarded to the following firms to furnish the City's 1973-74 requirements: CORPUS FIRE & SAFETY, Corpus Christi (Fire Fighting Clothing) $ 2,709.75 MCALLEN PIPE & SUPPLY CO. INC., Corpus Christi (Fire Hydrants) 15,295.87 K. T. SNYDER CO., Houston, Texas (Flexible Plastic Gaskets) 3,545.35 GULF STAR FOUNDRIES, INC., Corpus Christi (Foundry Items) 23,863.92 (LOTS I, II, 11I, IV) SOUTH TEXAS LINEN SERVICE, (Linen & Towel Service) 5,044.20 WALLACE CO., INC., Corpus Christi (Lubricated Plug Valves, LOT I) 9,885.88 NORVELL-WILDER SUPPLY CO., Corpus Christi (Lubricated Plug Valves LOT II) 6,828.23 (Malleable Fittings, Black & Galvanized) 7,508.71 E. L. BEARDEN CO., Corpus Christi (Manila & Wire Rope, Chains, Clamps & Hooks) 5,264.98 TYLER PIPE INDUSTRIES, INC., Tyler, Texas (Mechanical Joint., Cast Iron or Ductile Iron Fittings, LOTS I & IV) 45,002.74 WESTERN PIPE & SUPPLY CO„ Conroe, Texas (Mechanical Joint, Cast Iron or Ductile Iron Fittings (LOTS II & III) 6,962.44 CLOW CORPORATION, Oskaloosa, Iowa (Mechanical Joint Gate Valves - LOT I) 17,358.50 AMERICAN DARLING VALVE & MFG., Western Pipe & Supply Co., Conroe, Texas (Mechanical Joint Gate Valves, LOT II) 21,117.30 BIG THREE INDUSTRIES, INC., Corpus Christi (Oxygen Acetylene, Nitrogen & Breathing Air) 1,883.30 ACE PEST CONTROL CO„ Corpus Christi (Pest Control Service) 2,168.00 FACTORY OUTLET BLDG. MATERIALS CO., Corpus Christi (Indus- trial Quick -Set Concrete Mix) 10,140.00 Grand Total $184,579.17 The overall average increase for these items is 6.1%. Bids were received from forty-three firms. Bid Tabulation #46-73) • Minutes Regular Council Meeting August 1, 1973 Page 3 e. That the contract with. Asphalt Paving and Construction Company for Fire Station No. 7 Pavement Repairs be accepted and final payment of $2,638.08 be approved. The total contract price is $3,638.08 which reflects an underrun of $964.92 from the original contract of $4,603.00. The underrun occurred becausea substantial. portion, of the base material had previously been stabilized with portland cement therefore permitting the deletion of this item. f. That a resolution be adopted requesting that the Texas Highway Depart- ment use -approximately $157,100 of Federal Urban System money to level up and construct a low -skid surface on Ocean Drive from I.H. 37 to Alameda Street. The City will be required to contribute -approximately $60,000 to complete this project. The project has been recommended by the Traffic Safety Advisory Board. g. That the City adopt the provisions of Section la -3, Article 6243e, V.T.C.S., regarding the Relief and Retirement Fund to change contributions from 6 percent of each firemen's actual salary to 6 percent of the average monthly salary of all firemen. This change will equalize firemen's contributions regardless of salary. Retirement benefits are calculated on an average salary basis. This change has been recommended by the Firemen's Relief & Retirement Fund Board of Trustees. h. That the easement in Lot F of the Wilkey Addition be abandoned as requested by Mr. John Huston. The easement is perpendicular -to Williams Street west of Leslie Lane. No utilities are involved. The affected departments concur in the -abandonment. i. That an easement be granted to the•Athena Cablevision Corporation on the•site of the Flour Bluff Water Tower for the location of a transmitter tower and underground cables comec'ted therewith and a 25 -year easement for $350 per year. j. That contracts be•awarded to the following firms for 1973-74 require- ments of Fuel, Oil, Grease, and Anti -Freeze: Crystal Petroleum Company - Corpus Christi 1, 486,700 gallons gasoline @ $.245/gallon 1,200 lbs. special gear lubricants Total Crystal Susser Petroleum Company - Corpus Christi 389,000 gallons #2 Diesel Transport $.27/gal. 118,000 gallons d2 Diesel -Tank Wagon $.29/gal. 5,540 gallons #2 Diesel -55 gallon drums $.34/gal. 232,540 gallons Total - Diesel 1,540 gallons of. anti -freeze Total Susser $364,241.50 210.60 $364,452.10 105,030.00 34,220.00 1,883.60 $141,133.60 2,036.80 $143,170.40 • Minutes Regular Council Meeting August 1, 1973 Page 4 j. Cont'd: Exxon 6,230 gallons solvent @ $.3050/gallon 18 items of oils, grease, lubricants, etc Total Exxon Total Award $ 1,900.15 31,798.65 $ 33,698.80 $541.321.30 Bids were received from five firms, but only 1 bid was received on gasoline, diesel, and solvents. The gasoline price of 24.5 cents per gallon is the Shell Oil tank wagon posted price now in effect of 19.5 cents plus 5 cents state tax. The contract provides for price variation with the market price. No bids were received on #1 Diesel which is used in City buses to reduce air pollution. The award is based on the use of #2 Diesel during 1973-74. (Bid Tabulation #47-73) k. That approximately 27 parking meters be installed at International Airport along the curb of the island located between the Terminal Building and the main parking lot, and that the rate of $.20 for 30 minutes be established. 1. That new parking rates be established at the Corpus Christi International Airport Parking Lot to be effective September 1 when the City assumes the parking lot operation: 1st hour, 254; each additional hour, 104; maximum daily rate, $1.25; and weekly rate, $6.25. m. That a public hearing be set for August 15, 1973 for voluntary contractual of annexation /Calall_en School District property, and that authority be granted for publication cf Notice of Hearing required. n. That a hearing date be set for August 15, 1973 for the voluntary annexa- tion of property located at Cabaniss Field previously known as the Kibby Properties and under the ownership of Mr. Nixon McNiel and Mr. Lew Borden. This is a contractual annexation request for approximately 13 acres across Saratoga Boulevard. o. That an amendment to the grant contract with HUD regarding the Mayfield Drive and Starlight Lane storm sewer projects be approved to add Norton Street and Kostoryz to the grant. p. That contracts be authorized for a three year extension of the lease with Coastal Bend Rent -a -Car, Hertz, and National Car Rentals beginning August 8, 1973. The lease provides for a $17,000 guarantee the first year, then $18,000, then $19,000 against 10% of gross for the counter space and parking space at International Airport. Minutes Regular Council Meeting August 1, 1973 Page 5 q. That the date of August 23, 1973 at 7:00 p.m. be set for a public hearing on the application of Joseph A. Abbey, M.D., for change of zoning from "R -1B" and a Special Permit to "R-2", "AB" and "B-4", on property located east of South Staples Street and south of Williams Drive. Relative to Item "f" that the Highway Department use -approximately $157,100 of Federal Urban. System money to construct a low -skid surface on Ocean Drive, Com- missioner Lozano asked foranexplanation of why the appropriated funds were being transferred from the proposed low -skid pavement overlay project of Staples, Morgan and Baldwin Streets, for which the request was originally submitted to the Highway Department. He stated these streets are badly in need of the overlays. Commissioner Ricardo Gonzalez concurred, stating they were in such a condition that there could be an economical drop in business along these,streets if allowed to remain in their present state. City Manager Townsend explained that the State requested an engineering study of the projects prior to the •allocation of construction funds, that the Highway Department completed the study and submitted a copy to the Traffic Engineer -on March 1, and the projects have not advanced any further because changes in head -in parking are necessary before the State can secure Federal Urban System funding. He stated he sees no realistic way to proceed with the contracts, and the only project ready to movevould be Ocean Drive from I.H. 37 to Alameda. Motion by Acuff, seconded by Lozano and passed, that the City Manager's' Reports, Items "a" through "q" be accepted, and the requests and recommendations be -granted and approved as presented. City Manager Townsend reminded the Council of a pending zoning case, Application #1272-16, which was heard by the Council January 24, 1973 and tabled for three months. The request was for change from "B-4" to "R -1B" and "A-2" on property located .at the northwest corner of Fverhart'and Saratoga. He explained that townhouses were'planned for the property and the awners-asked that it remain "B-4" until the townhouses -are built,st which time they -would not be opposed to the change. Hestated the townhouses•are hasically completed and in use and since six months have expired since the original Council hearing, it is recommended that the pending application be extended 30 days and the owner be advised that it will he on the City Council agenda August 8, 1973 for final action. • Minutes Regular Council Meeting August 1, 1973 Page 6 On another matter relative to head -in parking in the City, City Manager Townsend stated it was his understanding that it was the Council's desire that an inventory be made of head -in parking problems on major streets of the City and a study be made by the Traffic Safety Advisory Board for submission to the Council with a reasonable plan to phase out, in anorderly way with priorities, the problems now in existence. Motion by Ricardo Gonzales, seconded by Acuff and passed, that the Traffic Safety Advisory Board be requested to conduct a survey of head -in parking problems on major streetsofthe City and make recommendation to the Council. Mayor Pro Tem Acuff stated that since Legislation had passed for the restora- tion of Corpus Christi Beach, it is his feeling that the Council should, as soon as possible, make a study of the drainage problems and adequacy of utilities on the Beach in order to be in a position to solve torproblems when they arise. City Manger Townsend reviewed the ordinances appearing on the agenda. Re reviewed prior actions relative to theordinanceproposed for first reading, which would amend Ordinance No. 11392, approved March 21, 1973, and put into effect a new rate schedule for the furnishing of electric service within the City. He provided the Council with copies of the proposed ordinance which contained a detailed rate schedule. He pointed out that this ordinance would allow a 4.9 percent revenue increase for the Company, sets out charges for electricity subject to adjustment in line with the cost of fuel, and clears up some ambiguous language in theprevious ordinance which granted a 2 percent increase. He explained that since discussions were held last week during the re -hearing, and the proposed rate schedule was authorized by motion of the Council, a law suit had been filed by Central Power & Light Company. He explained that should the Council approve the proposed ordinance on first reading, the third reading woa,id fall on a date prior to the trial of the law suit. He stated it was his recommendation that the law suit not be a considera- tion at this time, but that the Council proceed with finalizing their action of last week and adopt the rate schedule which was found to be appropriate at that time, instructing the Company to place these rates into effect so that when the matter is heard in court they will know exactly what the final action has been. City Attorney Riggs answered legal questions posed by members of the Council. He stated the ordinance presented to the Council would stand on its own merits in Minutes Regular Council Meeting August 1, 1973 Page 7 court, not to say it is more defensible in court than the previous ordinance, but is as defensible; that the fuel clause revision is in line with the recommendation of the City Manager set forth in his memorandum and approved by the Council,.and that the ordinance is based on the test year of 1972, and also recognizes evidence produced at the re -hearing, and has a wider scope than the first ordinance. Mayor Pro Tem Acuff pointed out that since the Company had rejected last week's attempt at a Settlement and had already filed a law suit, perhaps in reality, there would be no reason to pass this ordinance. City Manager Townsend stated he saw no reason not to take appropriate action regardless of the question of the law suit, that if the Council's action of last week was appropriate, then it should be finalized, and if not, the Council should stand on the ordinance already passed. He maintained that either position is defensible and no problem in court. He stated there is an area of reasonableness and he felt his recommendation made last week is defensible based upon a reasonable forecast of 1973. He suggested that some action should be taken relative to the action of last week since, as it now stands, a motion was passed approving the change to 4.9 percent increase in revenue, and that the alternative would be to either pass this ordinance or rescend the action of last week. Mayor Pro Tem Acuff stated that last week the Council was trying to resolve a controversy, and since the Company had rejected the Council's attempt at a settlement and immediately filed a law suit, it would appear that the Council should continue with the previous action of March 21 which approved a 2 percent increase. Commissioner Stark pointed out that Dr. Langum had indicated from the beginning that the rate should be for the full year of 1972, and it was his understanding that this ordinance would put the City in as good a position in court as the previous one, that new figures are included in the new ordinance and he feels it does nothing more than follow the same guide lines, and for that reason he would be in favor of approving the new ordinance. Commissioner Branch stated he was concerned that the recommended 4.9 percent, to be in effect until such time as the Council elects to take further action, might go on indefinitely, that he feels the action should be to level off the year 1972. Mr. Frank Hankins, Librarian at Del Mar College, and member of the Corpus Christi Consumer's Association, submitted a copy of a petition filed during a previous hearing. The petition contained some 1,000 signatures of persons in opposition to the • • Minutes Regular Council Meeting August 1, 1973 Page 8 request of Central Power & Light Company for an increase in rates, and Mr. Hankins pointed out that it was a misconception that only a few people are concerned, but that many •are opposed to the rate -increase. Mayorr-L-uby read a letter from Mr. David Perry addressed to the mayor, in which Mr. Perry alleged that the mayor had told him of election commitments made to Central. Power & Light Company, and requested that Mayor Luby disqualify himself from further participation in the discussions and actions. Mayor Luby stated these accusations are -without foundation •and totally untrue, that there had been .no conflict of interest on his part as alleged and that he will continue to participate in the hearings and actions. Mr. Perry stated "You and I were at Cotten's Barbecue Restaurant in Robstown at the same time and I know what you told me •and you know what you told me He stated he would stand an his request that the mayor not participate i.n the discussions and requested that his letter be made a part of the record. Mr. Perry cited three reasons •why the ordinance fora further rate increase •should not be passed: (1) a proper public hearing had not been bold by tha Council on the now information. submitted by Central Power and Light Company at the last two meetings; (2) the ordinancewas not in line -with the recommendation of -the City's expert rate -consultant; and (3) that the ordinance being presented is a compromise to litigation and an attempt to resolve the matter, but it is obvious that it will not resolve the issue. He stated if this ordinance is passed it will constitute a repeal of the previous ordinance allowing the two percent and would be giving the Company more of an increase. He -stated the proposed compromise•would amount to an increase in revenue -of some $5,000 a day to the Company, and urged that the Council. not pass this ordinance now or ever. Mr. John A. Scott, representing the senior citizens of the City, spoke in opposition to passage of the new ordinance, stating -that senior citizens have to live on a percentage of what they accumulated over the years, that it is not enough to meet today's demands, and for •that reason is opposed to any increase in electric rates. Mr. Galen Westwick, 336 Merrill Drive, spoke in opposition to the ordinance, stating it would be a "fraud" an the people and the Council should continue •with the ordinance which has previously been enacted and let the issue be settled in court. • Minutes Regular Council Meeting August 1, 1973 Page 9 Mr. S. E. Kelly, representative of Central Power & Light Company, was asked if he had,any comments, and Mr. Kelly stated he had alone. Motion by Acuff, seconded by Stark and passed, that the Council recess the meeting for ten minutes for private discussion of the Central Power & Light issue, and that the meeting be closed in view of possible legal ramifications. The Council reconvened the meeting at 5:45 p.m., and Mayor Luby called for vote on the ordinances appearing .on the agenda. SECOND READING OF AN ORDINANCE MAKING FINDINGS OF FACT; AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE 9601, PASSED AND APPROVED JUNE 6, 1970, BY AMENDING ARTICLE IV, SECTION 9-49, SUBSECTION !2), "RATES AND RENTAL FEES FOR USE OF SLIPS AND DOCK SPACE", FOR THE PURPOSE OF PRESCRIB- ING CURRENT AND APPROPRIATE RATES IN SAME; REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time -and passed to its third reading by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Riccardo Gonzalez, Lozano and Stark, present and voting "Aye". SECOND READING OF AN ORDINANCE MAKING FINDINGS OF FACT; AMENDING TME CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING THE TAP FEE SCHEDULE FOR SEWERS IN SECTION 38-27, ESTABLISHED BY ORDINANCE NO. 4288, PASSED AND APPROVED ON JULY 27, 1955, SO AS TO INCREASE SAID SCHEDULE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVID- ING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following •vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting 41Aye". SECOND READING OF AN ORDINANCE MAKING FINDINGS OF FACT; AMENDING SEC. 38-49, CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE N0. 9863, PASSED AND APPROVED JULY 29, 1973, SO AS TO PROVIDE CERTAIN INCREASES IN WASTEWATER RATES; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR SEVERANCE; PRO- VIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". SECOND READING OF AN ORDINANCE MAKING FINDINGS OF FACT; AMENDING ORDINANCE NO, 9472, PASSED AND APPROVED AUGUST 27, 1969, BY AMENDING CERTAIN SCHEDULES THEREIN SO AS TO INCREASE THE WATER RATES TO PROVIDE AN OVERALL INCREASE OF FIVE PERCENT (5%) FOR CUSTOMERS USING TREATED WATER, INCLUDING MINIMUM CHARGES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano •and Stark, present and voting "Aye". • Minutes Regular Council Meeting August 1, 1973 Page 10 SECOND READING OF AN ORDINANCE MAKING FINDINGS OF FACT; AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 9883, PASSED AND APPROVED ON AUGUST 12, 1970, BY AMENDING SECTION 38-46, SO AS TO AMEND THE "INCENTIVE AIR COOLING AND CONDITIONING GENERAL RATE LIMITED TO CUSTOMERS USING LESS THAN 30 MILLION CUBIC FEET PER MONTH ANNUAL AVERAGE" SCHEDULE SO AS TO DELETE THE 22c AND 20C STEP THEREIN; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER. TO EXECUTE A THREE-YEAR EXTENSION OF THE LEASE WITH COASTAL BEND RENT -A -CAR, ORIGINALLY AUTH- ORIZED UNDER ORDINANCE NO. 7710, AND AS AMENDED BY ORDINANCES 8327 AND 9024, TO BEGIN AUGUST 8, 1973, AND PROVIDING FOR MINIMUM RENTALS AND MODIFICATION AS SHOWN ON THE EXTENSION AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT A. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A THREE-YEAR EXTENSION OF THE LEASE WITH HERTZ CORPORATION, ORIGINALLY AUTHORIZED UNDER ORDINANCE NO. 7709, AND AS AMENDED BY ORDINANCES 8325 AND 9022, TO BEGIN AUGUST 8, 1973, AND PROVIDING FOR MINIMUM RENTALS AND MODIFICATION AS SHOWN ON THE EXTEN- SION AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A THREE-YEAR EXTENSION OF THE LEASE WITH NATIONAL CAR RENTAL, ORIGINALLY AUTHORIZED UNDER ORDINANCE NO. 7711, AND AS AMENDED BY ORDINANCES 8326 AND 9023, TO BEGIN AUGUST 8, 1973, AND PROVIDING FOR MINIMUM RENTALS AND MODIFICATION AS SHOWN ON THE EXTENSION AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoingordinancewas read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11605 CLOSING AND ABANDONING A UTILITY EASEMENT LOCATED IN LOT F, WILKEY ADDITION UNIT 2, IN THE CITY OF COIFUS 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, Thomas Gonzales, Ricardo Gonzalez, Gabe Lozano and Stark, present and voting "Aye". RESOLUTION NO. 11606 AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE TEXAS HIGHWAY DEPARTMENT FOR FEDERAL ASSISTANCE FOR THE PLACEMENT OF A LOW -SKID PAVEMENT OVERLAY ON OCEAN DRIVE, • Minutes Regular Council Meeting August 1, 1973 Page 11 FROM I.H. 37 TO AIAMEDA STREET, PURSUANT TO THE FEDERAL -AID HIGHWAY ACT OF 1970 FOR URBAN SYSTEMS; AND SUGGESTING THAT URBAN SYSTEM FUNDS PROGRAMED FOR OVERLAY PROJECTS ON SECTIONS OF STAPLES, BALDWIN AND MORGAN STREETS TOGETHER WITH ADDI- TIONAL CITY FUNDS BE USED ON THIS OCEAN DRIVE PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Gab Lozano and Stark, present and voting "Aye", FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN EASEMENT AGREEMENT WITH ATHENA CABLEVISION CORPORATION CORPORATION OF CORPUS CHRISTI, INC., FOR LOCATION OF A TRANSMITTER TOWER AND UNDERGROUND CABLES CONNECTED THEREWITH AT THE SITEOF THE FLOUR BLUFF WATER TOWER, ALL AS MORE FULLY SET FORTH IN THE EASEMENT AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Gabe Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11607 AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDATORY CONTRACT AMENDING GRANT AGREEMENT NO. WSF-TX-06-59-1026(G) FOR PROJECT NO. WSF-TX-06-59-1026, AND SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO AMEND THE GRANT AGREEMENT AUTHORIZED BY RESOLUTION NO. 10858, PASSED MAY 17, 1972, WITH THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR STORM SEWER COLLECTION FACILITIES IN THE MA YFIELD-ST'ARLI'TE LANE AND KOSTORYZ ROAD AREAS OF THE CITY OF CORPUS CHRISTI TO PROVIDE FOR THE INCORPORATION OF THE NORTON AND MATLOCK STREETS INTO THE PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule•was suspended and the foregoing ordinance -was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Gabe Lozano and Stark, present and voting "Aye". ORDINANCE NO, 11608 ADOPTING THE PROVISIONS OF ARTICLE 6243e, SECTION 10A-3, VERNON'S ANNOTATED C"IVIL STATUTES, TEXAS, RELATING TO CONTR'IBUTION'S TO THE FIREMEN'S RELIEF' .AND RETIREMENT FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by ere following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Gane •Lozano and Stark, present and voting "Aye". FIRST 'READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO SET PARK- ING RATES FOR USERS OF THE MAIN PUBLIC PARKING LOT IN FRONT OF THE TERMINAL BUILDING AT CORPUS CHRISTI INTERNATIONAL AIRPORT, EFFECTIVE SEPTEMBER 1, 1973, AS SET FORTH HEREINAFTER; PROVIDING FOR REPEALER; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLI_- CATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Thomas Gonzal.es, Ricardo Gonzalez, Gabe Lozano and Stark, present -and voting "Aye". Minutes Rggular Council Meeting August 1, 1973 Page 12 ORDINANCE NO. 11609 (Failed to Pass) FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NO. 11392; APPROVING A NEW RATE SCHEDULE FOR THE FURNISHING OF ELECTRICITY AND ELECTRIC SERVICE WITHIN THE CITY OF CORPUS CHRISTI, TEXAS, BY CENTRAL POWER & LIGHT COMPANY; REQUIRING A WRITTEN STATE- MENT ON COST OF FUEL; PROVIDING THAT THIS ORDINANCE SHALL NOT LIMIT POWERS OP REGULATION OF THE CITY; REPEALING ALL PARAGRAPHS AFTER THE CAPTION AND BEFORE THE ORDAINING CLAUSE OF SAID ORDINANCE AND SUBSTITUTING THEREFOR NEW RECITALS AND FINDINGS OF FACT; REPEALING IN ORDINANCE NO. 11392 SECTIONS 1, 2, 3, 6 AND 8, AND PROVIDING GENERAL REPEALING CLAUSE; PROVIDING SEVERABILITY; AND PROVIDING AN EFFEC- TIVE DATE. The foregoing ordinance was read for the first time and failed to pass by the following vote: Voting "Nay", Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez. and Lozano; Commissioner Stark voted "Aye". City Manager Townsend discussed several budget items of which he felt the Council should be aware: (1) continuation of the policy relative to the salary level of $1.60 in the Neighborhood Youth Corp Program; (2) employment in the Police Depart- ment of a replacement for Cmdr. C. W. Tackett who was employed for an improved Police Training Program and has resigned effective August 20 to take a position in the Department of Security at Sam Houston State. Mr. Townsend stated that a recommendation will be submitted next week on bids taken for City Hall Office space. He also made the Council aware that there are some 56 or 57 vacancies on Boards & Committees, either expired, will expire in the near future, or resignations. He suggested that the Council attack this project in some systematic way to make these replacements as soon as possible. He noted that City Secretary Kring had furnished the Council with a list of these vacancies and some suggested replacements. He suggested that the ambulance committee be given priority and that this committee be appointed next week if possible. Mr. Townsend also discussed the matter of the Standard Screening Fence regulations. He reported that the Planning Commission had taken action that the fences be six feet; that he does not concur, but that the matter should be resolved. He distributed a list of problem locations and a list of persons who have complied and those who have not. He stated Assistant City Manager Walker will prepare a recommendation for next week's agenda on this item. Mr. Townsend reviewed the background relative to the acquisition of property adjacent to the Oso Sewer Plant, stating adjacent owners had claimed the zoning was denied because the City wanted to buy it. He stated at this point it is a matter of making appraisals of what is fair, and reported that authority had been given for Minutes Regular Council Meeting August 1, 1973 Page 13 purchase of the property four or five years ago. Mr. Townsend gave notice, with Council approval, that he would be on vaca- tion for ten days beginning Thursday, August 2, 1973. Mayor Luby called for petitions from the audience on matters not scheduled on the agenda. Mr. Jim Wilburn, member of the Civil Service Board, spoke relative to the recommended abolishment of the position of Cmdr. in the Police Department to be substituted with Administrative Assistant II, for replacement of Cmdr. C. W. Tackett for the position of Head of Administrative Services of Police Academy. Mr. Wilburn pointed out that it had been stated there was no one qualified in the organization to fill this position and that the person to be considered should have a Bachelor's degree. Mr. Wilburn stated he knew of four or five persions with Bachelor's degrees who have applied for that position, and felt they should have first consideration. He stated there should be some more discussion on this matter and agreed to bring it before the Council again after the City Manager returned from vacation. Mr. David Saenz expressed appreciation for the Mayor and Council permitting persons from the audience to participate in the Council meetings. There being no further business to come before the Council, motion by Acuff and passed, that the meeting be adjourned at 6:30 p.m., August 1, 1973.