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HomeMy WebLinkAboutMinutes City Council - 08/08/1973MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING August 8, 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 Hall. Assistant City Manager Archie Walker City Attorney James R. Riggs City Secretary T. Ray Kring Mayor Jason Luby called the meeting to order in the Council Chamber of the 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. Mayor Luby announced the issuance of proclamations relative to the follow- ing: YOKOSUKA DAYS, August 9 through 18, 1973; TEXAS PUBLIC EMPLOYEES WEEK, August 12 through August 18, 1973; and LULAC WEEK. Bids were opened and read by Director of Department of Engineering and Physical Development James K. Lontos for the Oso Bay Boat Ramp & Fishing Pier Improvements, from the following firms: The Goldston Co.,Inc., & W. T. Young Con- struction Company. Motion by Acuff, seconded by Branch and passed, that the foregoing bids be tabled for 48 hours pursuant to the requirements of the City Charter and referred to the City Manager for tabulation and recommendation. Motion by Branch, seconded by Stark and passed, that Dr. Roberto Bosquez, Mrs. Virginia Hopkins and City Manager Townsend, be appointed to serve, on the Ambulance Advisory Committee. Motion by Lozano, seconded by Acuff and passed, that Mrs. Rosa Gonzales and Mr. Bobby Smith be appointed to fill vacancies on the Planning Commission, replac- ing Joe Cantu and Jack Bell; and that Mr. Romero Garcia be reappointed for another 3••year term. Mayor Luby voted "Nay" relative to the appointment of Mr. Smith and reappointment of Mr. Garcia. Mayor Luby called for the City Manager's Reports and Assistant City Manager Archie Walker presented requests and recommendations with related comments and explanations, as follows: Minutes Regular Council Meeting August 8, 1973 Page 2 a. That contracts be awarded to the following firms to furnish the City's 1973-74 requirements of Pool Treating Chemicals on the basis of law bid meeting specifications: (Bid Tabulation #48-73) CLEAR -WAY CHEMICAL CO., Corpus Christi. (Item 1 Concentrated Chlorine) $3,360,00 DYNAMIC CHEMICALS INTERNATIONAL, Corpus Christi (Items 2, 3, 4, 5 - Granular Alum., Gas Chlorine, Lt. Soda Ash and H.T.H.) 12 644 77 Grand Total. $16,004.77 Price comparison shows an increase of 6% over previous years cost. Bids were received from five firms. b. That a contract be awarded to Gulf Coast Paper Co., Inc., Vi-toria, Texas, to furnish the City's 1973-74 requirements of Janitorial Supplies on the basis of low bid meeting specifications, for -a total of $7,999.55. Price com- parison between this and last years contract shows an ircrease of 18%. Bids were received from two firms. (Bid Tabulation #49-73) c. That contracts be awarded to the following firms to furnish. the City's requirements of Electrical Supplies for fiscal yuar 1972-74 (Bid Tabulation #50-73) GENERAL ELECTRIC SUPPLY CO., Corpus Christi (Lots 1 & IV) $ 1,547.87 GRAYBAR ELECTRIC CO., Corpus Christi. (Lots 11, III & VI) _12,212,21 Grand Total $12,058.25 Funds are •available in the 1973-74 budget under Warehouse Inventory Account to cover the purchase of these supplies. Bids were received from four firms. d, That contracts be awarded to the follnwirg firms to furnish. the City's 1973-74 requirements for Water -6 Sewage Treating Chemicals on the basis •of low bid meeting specifications: (Bid Tabulation #51-73) ROUND ROCK LIME CO., Round Rock, Texas (Item 1) U. S. GYPSUM CO., Houston, Texas, (Item 2) THOMPSON-HAYWARD CHEMICAL CO., San Antonio, Texas(item 3) HENRY SUNDHEIMER CO., White Plains, N.Y. (Item 4) McKESSON CHEMICAL CO., Corpus Christi (Item 5) P.P.G. INDUSTRIES, Corpus Christi (item 6) S.E.C. CORP., Corpus Christi (Item 8A) CALGON CORP., Houston, Texas (Item 9) SURE -GROW SOLCTIONS, INC., Taft, Texas (Item 10) Grand Total $ 86,970.80 8,008.00 27,138.53 12,462.00 25,344.00 32,078.60 50,097,30 29,011.60 4,059.00 $285,169.83 Price comparison glows an increase of 3% over -previous contracts. Item 3 includes a price escalation clause subject to quarterly revisions. Bids were received from thirteen. firms. e. That contracts be awarded to the fallowing firms to furnish the City's 1973-74 requirements for Pipe Repair Clamps, Couplings and Adapters on the basis of low bid meeting specifications: (Bid Tabulation #52-73) Minutes Regular Council Meeting August 8, 1973 Page 3 e. Cont°d; McALLEN PIPE & SUPPLY CO., INC., Corpus Christi (Lots I, IV & V) MUELLER CO„ Decatur, Illinois (Lot II) NORVELL-WILDER SUPPLY CO., Corpus Christi (Lot III) DRESSER MFG. DIV., Bradford, Pa. (Its VI & VII) Grand Total • $21,702.95 94.18 8,085.47 1.0,782.47 $40,665.07 Price comparison shows an, increase of 61 over previous contracts. Bids were r=•ceived from ten firms. f. That bid award for our 1973-74 requirements of Firemen's Uniforms be made to Creighton Shirt Company, Reidsville, North Carolina for their low bid meet- ing specifications for a total of $13,930.00. Price shows no change from previous -contract. Bids were received from two firms. (Bid Tabulatimn #53-73) g. That contracts be awarded to the following firms to furnish fte City's 1973-74 requirements of Pipeline Primer, Enamel & Felt; Plastic Pipe & Fittings; Ready -Mix Concrete and Trash Disposal Service on the basis of low bid: (Biad. Tabula- tion #54-73) PLEXCO, Corpus Christi (Pipeline Primer, Ev,ame: & Felt.) $ 3,=125.00 MAINTENANCE ENGINEERING CORP., Corpus Christi. (Plastic Pipe & Fittings) 6,880,14 HARRIS CONCRETE CO., INC., Corpus Christi (Ready -Mix Concrete) 25,339.90 SANITAS WASTE DISPOSAL of Corpus Christi, (Trash Disposal Service) 2,376.00 Grand Total $ 38,041.04 Bids were received from eleven firms. Prices show an average in.crease of 2.041. h. That the contract for Airport Drainage Improvements which involves the construction of French drains along the commercial apron of t!e Internatiornal Airport bei -awarded to Slovak Bros. in the -amount of $9,447. An appropriation of $9,700 is requested to cover the contract award plus,contingencies. • i. That an •agreement be authorized between the City and Jon Held, developer of Carnbean Place IV for the construction of Mediterranean Drive from Jamaica to Waldron Road. The agreement provides for City participation in .a storm sewer cost of $17,368.O0.and with the developer to cor.struct th;s street and related improve- ments. The agreement is •contingent upon the condition that no development in Tropic Heights Unit 2 will take place south of Mediterranean Drive unless proper sanitary sewer extensions are made by the developer. An appropriation of $17,368 is requested. j. That an agreement be authorized between the. City and State for irstal- lation., operation and maintenance of traffic signals at Chaparral and I.H. 37 (Loop 443) . • • Minutes Regular Council Meeting August 8, 1973 Page 4 k. That plans and specifications for Air Conditioning Improvements for the Parkdale Branch Library be approved and that bids be received on August 29, 1973. The work consists of the replacement and relocation. of the air conditioning condensor, radiators, and other appurtenance equipment. 1. That the contract for Minor Storm Sewer Extensions in 9 locations in the Gity be accepted and final payment of $18,437.31 be authorized the contractor, Maverick Construction Company. The storm sewer extensions were made at the following locations: 1. Ben Garza Park from the park to Comanche 2. Casa de Oro to Kostoryz near Norton Street 3. Green Grove Drive from Alexander to Gollihar 4. Westwood from Leder to CarrollLane 5. Hayward Drive from Ray Drive to South Stapies 6. Elimination of ditch behind Shephard Drive at the Oso Golf Course 7. Bush Street from Padre Island Drive to West Point Road 8. Baldwin Boulevard to Highway 44 9. Robinhood and Sherwood to Dody. m. That the contract with Couch Construction Company for the construction of Street Improvements for Hillcrest Area Neighborhood Program be -accepted; that a time extension. of 40 working days be granted including 6 days for extra work pro- vided thru Change Orders Nos. 1 and 2 and 34 days due to delays caused by utility adjustments and unusually wet weather; and, that final payment of $155,075.46 be retained until such time as the contractor can furnish. to the City an affidavit certifying payment of all sums of money due for labor and/or materials furnished in connection with the project. The final contract price is $1,507,325.07 -which reflects an undarrun of $5,440.00 for the original contract award. n. That the corrected final assessment roll for the Hillcrest Area Neigh- borhood Improvement Program be adopted. The total amount of assessments is $409,317.14 which is $25,779.78 below the original roll in the amount of $435,096.92. o. That $5,100 be paid to Trinity Testing Laboratory for work performed on the Hillcrest Area Street Improvements Project in excess of that whichwas normally required of them to perform. The company was requested to perform a substantially higher number of tests as a result of an error in the estimated quantities of tests and a substantial overrunof the number of tests resulting from bad weather conditions. p. That the City Manager be authorized to negotiate for office space between the two best proposals of Mr. W. W. Jones for the Jones Building, and Mrs. Pinson for the Weber building. Additional information regarding both properties • • Minutes Regular Council Meeting August 8, 1973 Page 5 must be developed regarding interior modifications required. q. That the City be authorized to grant a 5% pay increase for the follow- ing Department of Labor funded programs until November which is the Anniversary date of the first grant funded increase. These are 1007 Grant funded programs: Manpower Planning, Neighborhood Youth Corp, Operation Mainstream. The cost of assuming this financial responsibility will be approximately $1800. r. That a resolution be adopted authorizing the City Manager to submit Criminal Justice Council in the amount of $28,000.00 to continue Police Athletic League, and that the City Manager be authorized to execute necessary cont. Criminal participation, $23,800, City participation (In-Kind),$4,200, for a total of $28,000. This program involves over 400 youths on 20 teams of the Softball League currently and will continue with basketball and volleyball this fall. s. That the City Manager be authorized to submit an application and approv- ing a contract with the Department of Labor for $303,085 to undertake the sponsorship of the Operation Mainstream Program. A local share of $33,700 will be provided as i, -kind. The program will provide work training for 97 under or unemployed and dis- advantaged 22 years of age and over, in the thirteen county area. The counties included are: Nueces, Aransas, San Patricio, Kenedy, Kleberg, Refugio, Bee, Brooks, Duval, Jim Wells, Karnes, Live Oak and McMullen. t. That a budget for the expenditure of $1,360,353 in revenue received under the third entitlement period of the state and local fiscal assistance act of 1972 be adopted; that said revenue be reappropriated from $4,800,950 previously appro- priated by Ordinance No. 11604. u. That the City employ legal counsel to represent the City in the Central Power & Light Company rate case, No. 118,946-B. This case involves complex a highly technical matters of utility law and requires the services of lawyers experienced in rate matters. v. (1) An ordinance be adopted formally stating action on Central Power & Light rehearing and declaring certain constituent elements in the rate base in Ordinance No. 11392. (2) That the fuel adjustment clause in Ordinance No. 11392 continue so that the monthly bill will be increased or decreased at the rate of .00337 (0.000033) Minutes Regular Council Meeting August 8, 1973 Page 6 • per killowatt hour for each full one-fourth cent by which the average delivered cost of fuel to the Company during the preceding month exceeds twenty cents or is less than fifteen cents for that quantity of fuel used containing one million BTU. (3) Whenever the average cost of fuel delivered to Central Power and Light Company during the preceeding month exceeds thirty-five cents (35Q) per million BTU, a written statement of such actual average delivered cost of fuel shall be filed with and officially presented to the City Council in open meeting by Central Power and Light Company. At each five cents (5q per million BTU increment thereafter, either increased or decreased, Central Power and Light Company shall file with and Dfficially present to the City Council in open meeting such increase or decrease. w. That Ordinance No. 3658 be amended to reflect the addition of the following positions: Class Code General Series Class Title Class Grade 170 Operation Mainstream Trainee $1.60 per hour 171 Neighborhood Yough Corps Trainee 1.60 per hour And the deletion of the following position: 157 Trainee 6 ($1.76 per hour) And that Ordinance No. 8127 be amended by adding the attached salary schedule for NYC trainee and Operation Mainstream trainee. The position titles and salary schedules will provide 3 rate allowable for NYC and Operation Mainstream trainees as approved by the Department of Labor. Motion by Branch, seconded by Lozano and passed, with Stark voting "Nay" on Paragraph (1) of Item "v", that the City Manager's Reports, Items "a" through "w" be accepted, and the requests and recommendations be granted and approved as presented. Motiom by Acuff, seconded by Branch and passed, Mayor Luby-voting "Nay", that the Council approve and confirm the employment of the law firm of McGinnis, Lochridge & Kilgore, of Austin, Texas, as the City of Corpus Christi's special public utility attorneys and counselors in the lawsuit styled Central Power and Light Company v. City of Corpus Christi, et al, and numbered Cause No. 11.8,946-B, in the 117th District Court of Nueces County, Texas, said appointment being made by the City Attorney pursuant to Article IV, Section 27, of the City Charter, said counsel to act under the direction of the City Attorney. That payment to said firm for services in the Minutes Regular Council Meeting August 8, 1973 Page 7 Central. Power and Light rate case shall be at the rate of $60 per hour plus approved expenses on a monthly billing, Mayor Luby stated it is his opinion that if there is any indication on the part of Central Power & Light Company that a settlement can be negotiated on the rate issue he would recommend that it be done. He emphasized the high cost to the City if the controversy is to be settled in court. Assistant City Manager Walker clarified the Staff's position stating that the Council had authorized the Staff to prepare for litigation, and if the Council, as a body, says to negotiate, they will do so, but otherwise, the issue will proceed in litigation. He was questioned by the Council as to his estimation of the cost if the issue goes to trial, and Mr. Walker stated the cost could go as high as $100,000 give or take $25,000 or $50,000. Mayor Luby stated he could foresee some $300,000 in court costs, Commissioner Branch stated it should be made clear that the City is not entering into a contract with McGinnis, Lochridge & Kilgore for $100,000 or any other definite sum, but is being hired on the basis of so much per hour, and at any time it becom. es evident that they are not needed, there and at that time, their services will be terminated, City Attorney Riggs stated the law firm will perform their services as they are called upon at an hourly rote, with no specific time or specific sum of money, and at any particular stage of the court proceedings, their services can be terminated. Commissioner Tom Gonzales inquired as to how much money would be involved to the citizens of the City if the Councils agreed to the six percent increase as origirnollyirequested. Assistant Director of Finance Charles Dalley estimated it would rough;y amount to some One Million Dollars, Relative to the item appearing on the agenda for discussion in connection with the Standard Screening Fence Requirements, Assistant City Manager Walker stated the current requirements have been revised by the Planning Commission and their recommendation is to amend the requirements to provide a fence six feet in height which would constitute a visual obstruction. Mr. David Diaz, 3741 Liberty, stated he was not opposed to screening fences but did object to the present requirements for construction of ferues where they are not necessary, particularly around vacant or unimproved property. He also stated fences should be required Minutes Regular Council Meeting August 8, 1973 Page 8 to be installed before occupancy permits are signed. He complained of accumulation of trash and debris on his business property located in the 4400 Block of Baldwin. Mr. Diaz stated the trucking business in this block has been in operation for one year without the screening fence. Commissioner Stark suggested that the Staff investigate this alleged violation of the screening fence reqrement and that the ordinance be enforced. Mr. Gene Peoples, Palmetto Street, concurred with the statements of Mr. Diaz, stating he felt there were some areas where a screening fence is not needed. He stated he was involved in a Government project at 3833 South Staples Street which is a gcod exumple of an unnecessary fence requirement placing an undue burden on the builder. He agreed that where there is business development there should be screening of "R -1B" residential property, but where they do not exist, the rule is arbitrary and the fences will eventually fail into disuse and be an aesthetic detriment to the neighborhood. He stated there are times when landscaping would be just as effective as fencing. Mayor Luby departed the meeting at this time and Mayor Pro Tem Acuff assumed the Chair, Mrs, William Green, 3149 Topeka, presented a petition containing 34 signatures of persons living in the Topeka Street Area, claiming that recent maneuvers between developers, Planning Board and the City Manager, indicate that these residents are in imminent danger of being left without the type of screening fence they were promised; also petitioned that the present ordinance now in effect be adhered to in the 3100 Block of South Alameda. Mrs. Green complained of flooding in this area, stating that it had been promised that property wixild be graded to drain water toward Alameda. Mrs. Robert Ganc, 3146 Topeka, concurred with comments, made by Mrs. Green and stated she had signed the petition. (Petition 45-73) MT. Odell ingle, developer and realtor, stated he was in agreement with statements made by Mr. Peoples and Mr. Diaz that the fence requirement should not apply to vacant or unimproved lots of property that is not being used. He stated that presently he is being asked to build 1200 feet of fence across one side and 500 feet on the other side of a development now in progress, and that it is economically unreasonable. Mr. Bill Brown, 4745 Ocean Drive, representing Peterson Development Company, stated he would like to go on record as being in agreement with Mr. Peoples and Mr. Engle • Minutes Regular Council Meeting August 8, 1973 Page 9 relative to the fence requirement. He stated he felt any developer would be glad to give a letter agreement whereby no certificate of occupancy would be granted unless the screening fence is continued if and when the property is developed. He stated he sees no logic in the ordinance as it now stands. Mr. James Richey, 942 Salem, stated there ore many problems confronting the developer other than just cost. He stated he has four pieces of property in the Flour Bluff Area which he is required to build a ridiculously expensive fence that Is totally out of character with the surroundings and which serves no practical purpose. Also stated it is almost impossible to acquire the 6" x 6" posts to meet the standards, and that when they are found they are excessively costly. He stated he had noted there are fences in Country Club Estates that are just cedar fences; that so far as the windload requirement, in his opinion, there is no way to regulate what the fence would stand. He pointed out that private homeowners are not required to build fences according to any standard, and that those fences could be just as destructive in a storm as any ether fence, and this is a discrimination against developers and builders. City Secretary Kring reported that a letter had been received from Mrs. W. M. Breath, 3133 Topeka, concurring with the petition presented by Mrs. Green. Motion by Acuff, seconded by Stark and passed, that the matter of Standard Screening Fences be tabled until next week and in the meantime the Council consider a recommendation of a local architect and investigate fences used by the U. S. Postal Services by viewing pictures which are available. Also that the Council study the proposed ordinance and attack the problem of business uses abutting residential areas in line with suggestions and complaints heard during this meeting. Commissioner Ricardo Gonzalez suggested that interested persons also be invited to view the Postal Service fence pictures. ORDINANCE NO. 11610 THIRD 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 PRESCRIBING CURRENT AND APPROPRIATE RATES IN SAME; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. • • Minutes Regular Co ncll Meeting August 8, 1973 Page 10 The foregoing ordinance was read for the third time and passed finally by the following vote.. Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; L_rby absent. ORDINANCE NO, 11611 THIRD READING OF AN ORDINANCE MAKING FINDINGS OF FACT; AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SY AMENDING THE TAP FEE SCHEDULE FOR SEWERS IN SEC. 38-27, ESTABLISHED BY ORDINANCE NO. 4288, PASSED AND APPROVED ON .DULY 27, 1955, SO AS TO INCREASE SAID SCHEDULE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. ORDINANCE NO, 11612 THIRD 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 NO. 9863, PASSED AND APPROVED JULY 29,, 1970, SO AS TO PROVIDE CERTAIN INCREASES IN WASTEWATER RATES; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTWE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third t@rre and passed finally by the following vote: AciAt , Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Lvby ahsent. ORDINANCE NO. 11613 THIRD 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 third Mme and passed finally by the following vete: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. ORDINANCE NO. 11614 THIRD READING OF AN ORDINANCE MAKING FINDINGS OF FACT; AMENDING THE CORPUS CHRISTI CITY CODE, 1K:., 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 20{ STEP THEREIN; • Minutes Regular Co:nncil: Meeting August 8, 1973 Page 11 REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE; PROVODING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The fcegoT g ordinance was dead for the tr^ird'I-rre and passed final0y by the fo Iowing vote; Acv,,, Bran "Aye"; L:by absent. Tom Gonzales, Ricardo Gonzalez, Lozano c d Stark, present and voting SECOND 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 AUTHORIZED UNDER ORDINANCE NO. 7710, AND AS AMENDED ±Y ORDINANCES 8327 and 9024, TO BEGUN 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 se and ii"e and passed to third read ncg ay the following vote. Acuff,. Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and S^ark, present and voting "Aye"; bby absent. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING 'THE CITY MANAGER TO EXECUTE A THREE-YEAR EXTENSION OF THE LEASE WITH HERTZ CORPORA- TION, 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 EXTENSION AGREEMENT ATTACHED HERETO AND MADE A PART .HEREOF, MARKED EXHIBIT "A" The foregoing ordinanne winos road for the second time and posed 'to 1 ird reading by the following vote: Acct, BroreA, Tom Gonzale RTordc Gar17-f.ak2,, To ne and Stark, present and vu -ns; "Aye"; Laby ab'e.r . SECOND ,READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A THREE-YEAR EXTENS..ON OF THE LEASE WITH NATIONAL CAR RENTAL, ORIGINALLY AUTHORIZED UNDER ORDINANCE NO. 76'1, AND AS AMENDED BY ORDINANCES 8326 and 9023, TO BEGIN AUGUST 8, 1973, AND PROVIDING FOR MINIMUM RENTALS AND MODIFICATION AS SHOWN ON "IE EXTENSION AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF, MARKED Ek -ILEI "A". Tf.e fc"regoing ordlnan:,e was read for the . e:yond time and pas.,ed to reading by the FoVowv-g vote: Acuff, 3ranch, Tom Gonzales, Ri_,ardo Gorazakr, Lozano and Stone, preserxt and voting "Aye"; Luby absent. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN EASEMENT AGREEMENT WITH ATHENA CABLEVISION CORPORATION OF CORPUS CHRISTI, INC., FOR LOCATION OF A TRANSMITTER 'TOWER AND UNDERGROUND CABLES CONNECTED THEREWTO:H AT THE SITE OF THE FLOUR BLUFF WATER TOWER, ALL AS MORE FULLY SET FORTH ON 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 second tlime and passed to third reading by the following vote o Arsuff, Branch, Torn Gonzales, Ricardo Gonzo4e7.,. Lozano and Stark, • MInuiets Regular Connell Meeting August 8.. 1973 Page 12 p¢esent and vettng "Aloe"; Luby absent. ORDNANCE NO. 11615 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SLOVAK BROTHERS FOR CONSTRUCT EON OF INTERNATIONAL AIRPORT DRAINAGE IMPROVEMENTS; APPRO- PRIATING OUT OF NO. 245 AIRPORT BOND FUND $9,700, OF WHICH $9, 497 OS FOR THE CONSTRUCTION CONTRACT AND $203 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES, ALL IN CONNECTION WITH PROJECT NO. 245-68--17; AND DECLARING AN EMERGENCY. The Charter Rule was ,,AJispended and the foregoing ordinance was passed by She following vote Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Toby absent, ORDINANCE NO, 11616 AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED JUNE 5, 1973 BETWEEN THE STATE OF TEXAS AND THE CITY OF CORPUS CHRIST",, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY SIGNAL PROJECTS AT THE LOCATIONS SHOWN ON EXHIBIT A, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF CORPUS CHRISTI; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. The Charter Role was suspended and the foregoI,ng ordina nse was parsed by :he following vote: Acuff,: Branch, Tom Gonzales, Ricardo Gorsolez, Lozano and Stark„ present. and voting "Aye"; Liaby abient, ORDINANCE NO. 11617 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JON HELD, DEVELOPER OF CARIBSEAN PLACE, UNIT IV, IN CONNECTION WITH CERTAIN CONSTRUC- TION OF STREETS AND STORM SEWER IMPROVEMENTS ON MEDITERRANEAN DRIVE, ALL AS MORE FULLY SET FORTE! IN THE AGREEMENT, ATTACHED HERE TO AND MADE A PART HEREOF., MARKED EXHIBIT "A"; APPROPRIATING OUT OF T TI F NO, 295 STORM SEWER BOND FUND THE SUM OF $17,368 FOR REIMBURSEMENT TO THE DEVELOPER',RON SATISFACTORY COMPLETION OF THE AFORESAID IMPROVEMENTS, APPLICABLE TO PROJECT NO, 295-70-67; AND DECLARING AN EMERGENCY. The Charter Rale was suspended and the foregoing ordlnan e. was passed ty the following vote. Acuff, Branch„ Tom Gonzales, Ricardo Gonzalez, Lozano and 3lark, present and voting "Aye"; Lubin absent. ORDINANCE NO, 11618 AUTHORIZING THE CITY MANAGER TO EXECUTE CRIMINAL JUSTICE COUNCIL GRANT APPLICATION AND CONTRACT, AND SUCH OTHER DOCUMENTS AS REQUIRED, FOR FINANCIAL ASSISTANCE TO BE APPLIED TOWARD THE DEVELOPMENT OF A POLICE ATHLETIC LEAGUE TO ENABLE THE POLICE TO OPEN NEW LINES OF COMMUNICATION WITH THE YOUTH AND THEIR PARENTS IN THE COMMUNITY, AS MORE FULLY SET FORTH IN THE GRANT APPLICATION, A COPY OF WHICH IS ATTACHED HERETO„ MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. • Mu n sees Regular Ccuncil Meeting August 8, 1973 Page 13 The Charter REe was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Torn Gonzales, Ricardo Gonza&ez, Lozano and Stark, present and voting "Aye"; Luby absent. ORDINANCE NO. 11619 AMENDING ORDINANCE NO. 10430, PASSED BY THE CITY COUNCIL ON AUGUST 25, 1971, BY AMENDING SECTION 3 OF SAID ORDINANCE, SO AS TO CORRECT AND ADJUST ASSESSMENTS LEVIED AGAINST ABUTTING PROPERTY OWNERS ON THE FOLLOWING STREETS WITHIN THE HELLCREST NEIGHBORHOOD IMPROVEMENT PROJECT, AS IS HEREIN- AFTER PROVIDED: 1. NOAKES STREET, FROM NUECES BAY BOULEVARD TO PEABODY AVENUE; 2. HULBIRT STREET, FROM NUECES BAY BOULEVARD TO KENNEDY AVENUE; 3. KOEPKE STREET, FROM NUECES BAY BOULEVARD TO KENNEDY AVENUE; 4. MINTON STREET FROM NUECES BAY BOULEVARD TO PEABODY AVENUE, THEN FROM KENNEDY AVENUE TO NORTH PORT AVENUE; 5. MOORE STREET FROM NUECES BAY BOULEVARD TO PEABODY AVENUE, THEN FROM LEXINGTON AVENUE TO NORTH PORT AVENUE; 6. NUECES STREET, FROM NUECES BAY BOULEVARD TO KENNEDY AVENUE, THEN FROM LEXINGTON AVENUE TO COKE STREET; 7. WINNEBAGO STREET, FROM KENNEDY AVENUE TO THE NORTHWEST PROPERTY LINA OF LEATHERS HOUSING PROJECT. 8. DEMPSEY STREET FROM NUECES BAY BOULEVARD TO PEABODY AVENUE, THEN FROM KENNEDY AVENUE TO NORTH PORT AVENUE; 9. JOHN STREET, FROM NUECES BAY BOULEVARD TO NORTH PORT AVENUE; 10. SUMMERS STREET, FROM NUECES BAY BOULEVARD TO PEA3ODY AVENUE, THEN FROM KENNEDY AVENUE TO NORTH PORT AVENUE; 11. HATCH STREET, FROM KENNEDY AVENUE TO NORTH PORT AVENUE; 12. WEST BROADWAY, FROM NUECES BAY BOULEVARD TO NORTH PORT AVENUE; 13. LEXINGTON AVENUE, FROM INTERSTATE HIGHWAY 37 TO WEST BROADWAY; 14. KENNEDY AVENUE, FROM MINTON STREET TO WEST 'BROADWAY; 15. PEABODY AVENUE, FROM INTERSTATE HIGHWAY 37 TO WEST BROADWAY; 16. STILLMAN AVENUE FROM INTERSTATE HIGHWAY 37 TO WEST BROADWAY; 17. VAN LOAN AVENUE FROM INTERSTATE HIGHWAY 37 TO WEST BROADWAY; 18. PALM DRI'/E, FROM INTERSTATE HIGHWAY 37 TO WEST BROADWAY; 19. FLORAL S'TRE'ET, FROM INTERSTATE HIGHWAY 37 TO WEST BROADWAY; 20. COKE STREET, FROM NUECES STREET TO THE NORTH PROPERTY LINE OF THE LEATHERS HOUSING PROJECT; AND 21. SIDEWALK IMPROVEMENTS ABUTTING PROPERTY ON THE NORTH SIDE OF BUFFALO STREET FROM KENNEDY STREET TO NORTH PORT AVENUE, AND ALONG THE NORTH- WEST SIDE OF NORTH PORT AVENUE FROM BUFFALO STREET TO WINNEPAGO STREET; AND DECLARING AN EMERGENCY. ;he Charter R:JEe was syspended and the foregoing ordinaeoe, was passed by the fo&lowirlg vote Ao rff, Branch, Tom Gonza&es, R°cardo Gonzalez,, Lozano and Stark, present and voting "Aye"; Luby absent. ORDINANCE NO. 11620 AUTHORIZING EXPANSION BY $5,100 OF THE CONTRACT WITH TRINITY TESTING LABORATORY TO PERFORM LABORATORY AND TESTING SERV'ICIES IN CONNECTION WITH THE HILLCRVST AREA STREET IMPROVEMENTS PROJECT, SAID COI'-'RACT WITH TRINITY TESTING LABORATORY • Minutes Regular Council Meeting August 8, 1973 Page 14 HAVING ORIGINALLY BEEN AUTHORIZED BY ORDINANCE NO. 10537, PASSED AND APPROVED 3Y THE CITY COUNCIL ON OCTOBER 27, 1971, SAID INCREASE TO BE PAID FROM CONTINGENCY APPROPRIATIONS OF ORDINANCE NO, 10429, PASSED AND APPROVED BY THE: CITY COUNCIL ON AUGUST 25, 1971; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. ORDINANCE NO, 11621 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO, 6106, AS AMENDED, UPON APPLICATION OF CITY PLANNING COMMISSION, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT A, (LOT 14, BLOCK 39; LOTS 7 THROUGH 10; BLOCK 41; BLOCK R, AND A PORTION OF A DEDICATED PARK, COUNTRY CLUB ESTATES UNIT NO. 9; LOTS 10 THROUGH 18, BLOCK 40; AND LOTS 11 THROUGH 15, BLOCK 41 COUNTRY CLUB ESTATES UNIT 9A, FROM "B-4" GENERAL BUSINESS DISTRICT TO "R -1B" ONE -FAMILY DWELLING DISTRICT; BY CHANGING THE ZONING ON TRACT 8, LOT 19 BLOCK 40, COUNTRY CLUB ESTATES UNIT NO. 9A), FROM "B-4" GENERAL BUSINESS DISTRICT TO "A-2" APARTMENT HOUSE DISTRICT; SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF 7HE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWJTH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voti ng "Aye"; Luby absen. ORDINANCE NO. 11622 MAKING CERTAIN FINDINGS OF FACT RELATING TO THE APPLICATION OF CENTRAL POWER & LIGHT COMPANY FOR NEW RATE SCHEDULES; FORMALLY CLOSING THE REHEARING GRANTED IN SAID REQUEST; FINDING THAT CENTRAL POWER & LIGHT IS NOT ENTITLED TO A GREATER INCREASE ABOVE THAT GRANTED BY ORDINANCE NO. 11392,PASSED AND APPROVED ON MARCH 21, 1973, BASED UPON THE NEW EVIDENCE PRESENTED AT SAID HEARING; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fc!lowing vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Sark present and voting "Nay"; Luby absent. ORDINANCE NO. 11623 RELATING TO THE FUEL ADJUSTMENT CLAUSE FOR THE FURNISHING OF ELECTRICITY AND ELECTRIC SERVICE WITHIN THE CITY OF CORPUS CHRISTI, TEXAS, BY CENTRAL POWER AND LIG,-!T COMPANY; REPEALING ALL ORDINANCES IN CONFLICT; AND DECLARING AN EMERGENCY, • • Minutes Regular Council Meeting August 8, 1973 Page 15 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. ORDINANCE NO. 11624 APPROPRIATING AND REAPPROPRIATING $1,360,353 OUT OF THE $4,800,950 FEDERAL REVENUE SHARING RESERVE ACCOUNT AS APPROPRIATED BY ORDINANCE NO. 11604; SAID APPROPRIATION OF $1,360,353 15 APPROPRIATED FOR EXPENDITURE IN ACCORDANCE WITH THE BUDGET ATTACHED AS EXHIBIT "A" AND MADE A PART HEREOF AND IS A PORTION OF THE REVENUE RECEIVED UNDER THE THIRD ENTITLEMENT PERIOD OF THE STATE AND LOCAL FISCAL ASSISTANCE ACT OF 1972; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol lowing vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. ORDINANCE NO, 11625 AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT AN APPLICATION AND EXECUTE CONTRACT AND SUCH OTHER RELATED DOCUMENTS AS MAY BE NECESSARY WITH THE DEPARTMENT OF LABOR TO UNDERTAKE THE SPONSORSHIP OF THE OPERATION MAIN- STREAM PROGRAM, SAID PROGRAM BEING A WORK TRAINING PROJECT UNDER THE PROVISIONS OF THE ECONOMIC OPPORTUNITY ACT OF 1964 AS AMENDED (42-U.S.C.-2701), AS MORE FULLY SET FORTH IN THE APPLICATION AND CONTRACT, A COPY OF WHICH I5 ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. ORDINANCE NO, 11626 AMENDING ORDINANCE NO. 3658, AS AMENDED, BY DELETING CERTAIN POSITIONS, AND BY CREATING CERTAIN POSITIONS, BY AMENDING SECTION 4 THEREOF; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. ORDINANCE NO. 11627 AMENDING ORDINANCE NO. 8127, AS AMENDED, BY AMENDING SECTION 1, BY DELETING THE POSITION OF TRAINEE, CLASS CODE 157, AND ADDING THE TITLES OF OPERATION MAINSTREAM TRAINEE, CLASS CODE 170 AND NEIGHBORHOOD YOUTH CORPS TRAINEE, CLASS CODE 171, A5 MORE FULLY SET FORTH HEREINAFTER; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting August 8, 1973 Page 16 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. FIRST READING OF AN ORDINANCE AUTHORIZING INSTALLATION OF 27 PARKING METERS AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT ALONG THE CURB OF THE ISLAND LOCATED BETWEEN THE TERMINAL BUILDING AND THE MAIN PARKING LOT, IN ACCORDANCE WITH THE ATTACHED SCHEMATICS, MARKED EXHIBIT "A"; ESTABLISHING A RATE FOR PARKING AT SAID METERS OF TWENTY CENTS (204) FOR EACH HALF-HOUR OR TEN CENTS (104) FOR 15 MINUTES; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to second reading by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. Mayor Pro Tem Acuff called for petitions from the audience on matters not scheduled on the agenda. Mr. Harold Lafferty, 1105 Oak Park, appeared stating that his application for rezoning from "R -1B" to "R-2" on property located in the 4100 Block of Grossman Drive had been denied by the Council May 31, 1972, because an ordinance passed March 20, 1963 was not to be fully effective until the owner of Lots 1, 2, 3, 4, 5 and 6, Block 2, Carmel Village, filed deed restrictions running to the benefit of the owners of Pope Place Unit 05 which abuts the subject property and to which the City was a party, that no building of more than one story shall be erected on Block 2, Carmel Village. He stated these deed restrictions were filed March 27, 1963. • • Minutes Regular Council Meeting August 8, 1973 Page 17 Mr. Lafferty stated his request was denied by the Council and he was advised that the burden was on him to have the 1963 deed restrictions removed at which time the Council would be more favorable to the requested change of zoning. He presented a petition of property owners in Block 2, Carmel Village indicating they would be agreeable to having the 1963 deed restrictions removed. Mr. Lafferty asked for reconsideration of his zoning application. Assistant City Manager Walker stated this would be investigated and .a recommendation submitted next week. Mrs. McMasters, representing the Coastal Bend Women's Political Caucus, preset:*.ed a resolution to the Council requesting that a policy be established by the City to require college transcripts of all present City employees and all applicants for City employment who have been hired or who are to be hired to positions calling for college degrees. She stated the resolution was pursuant to a recent complaint filed by Miss Sisu Morris with the Civil Service Commission charging falsification of employment records. (Council Exhibit #7-73) Mr. C. H. Cunningham, owner of Hi -Point Courts, 3612 Surfside, complained that he had tried unsuccessfully for two years to get the City to clear the weeds and trash in the 3600 Block of Surfside. He stated he had made the request to various departments of the City, including Neighborhood Improvement; that they came out and looked the situation over but did nothing. He stated the lots had not been cleaned since the Government Trailers were moved there after Hurricane Celia. Planning and Urban Director Ernest Briones, stated he was aware of the complaint and the condition of the lots. He explained that he had not found the lots to be as severe as described by Mr. Cunningham, and the Department's area of jurisdiction involves protection of health, safety and welfare and lots are cleaned on a priority basis. He stated it had been determined that the area complained of does not justify immediate attention on this basis. He explained that a group of your people will be working on the problem of weeds and brush on the Beach in the near future and those considered more in need of cleaning will have first priority. Commissioner Branch stated he would like to see pictures of the lots in question. Mayor Pro Tem Acuff advised Mr. Cunningham that the Staff would make an investigation and asked Mr. Cunningham to report back if the lots are not cleaned. There being no further business to come before the Council, motion by Stark, seconded by Lozano and passed, that the meeting be adjourned at 5:05 p.m., August 8, 1973.