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HomeMy WebLinkAboutMinutes City Council - 10/03/1973PRESENT: MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING October 3, 1973 2:00 P.M. 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 G:� Mayor Jason Luby called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by The Reverend Richard Mittanch, Pastor of Bayshore Evangelical Free Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Stark, seconded by Branch and passed, that the Minutes of the Regular Meeting of September 19, 1973 be approved as furnished to the Council. Proclamations were issued in the Mayor's Office prior to the meeting designating September 30 through October 6, 1973 as JUNIOR LEAGUE WEEK; October 21 through 27, 1973 as NATIONAL BUSINESS WOMEN'S WEEK; and October, 1973 as MUSCULAR DYSTROPHY MONTH. Mrs. Dale Owen, representing the League of Women Voters, presented members of the City Council with copies of a booklet prepared by that organization, entitled "Appointed Boards and Commissions", which is a survey of appointed boards and commissions of the City of Corpus Christi and Nueces County. Mrs. Owen stated that the booklet was prepared by the League of, Women Voters and additional copies may be obtained from that organization. Also presented was a consensus on the local boards, committees, and commissions, containing suggestions in regard to the method of appointing members. Mr. Jim Davis, representing the Central Business District Association, presented a Resolution from that organization urging that the additionolfy needed City offices be located in one of the already existing buildings in the downtown area of Corpus Christi. (Council Exhibit #9-73) Mayor Luby presented Service Awards to the following retiring City employees: Mr. William A. Anderson, Director of the Planning Department, retiring after 27 years of service; and Mr. Francisco M. Gallardo, Water System Mechanic, Water Department, retiring after 28 year of service. • Minutes Regular Council Meeting October 3, 1973 Page 2 Mrs. Pat Harding, Drug Abuse Chairman of Post 8932 of the V. F. W., spoke at this time and urged the City Council to consider the adoption of an "Analysis Anonymous" program for the City of Corpus Christi. Mrs. Harding briefly explained the identification program which is being conducted in Detroit, Michigan. Mrs. Harding also urged that copies of the booklet, "Veterans Fight Drugs", be placed in all of the public schools and public libraries of the City, stating that she has received letters of recommendation on the booklet from a local high school principal, a local teacher and a parent. City Manager Townsend presented for nominations to Boards, Committees and Commissions the following: Senior Community Services Advisory Committee - William Shireman, Mrs. Hugh Roy Cook, Mr. Rene Ramirez, Mrs. M. L. Bonds, Mrs. Evelyn Wilson, Mr. Noe Jimenez, Mr. Vidal Najar, Mrs. Harold Applebaum, Mrs. Pat Duaine, Ms. Lilly Lira, Mrs. Virginia Vargas, Mrs. Ethel Madison, Mr. James Anderson, Mrs. Mary Garcia and Mr. Horace Cleveland. Motion by Lozano, seconded by Gonzalez and passed, that the foregoing nominations for appointment be confirmed and approved. Traffic Safety Advisory Board - Mr. Gary Steen, Mr. George Young, Mr. Eddie Farias and Mr. Joel Flowers. Motion by Branch, seconded by Gonzalez and passed, that the foregoing nominations for appointment be confirmed and approved. Park Board - Dr. Hector Oliveira, Mrs. Mary Meador, Mrs. Dick Swantner, Mr. Robert Moorman and Mr. Armando Saenz. Motion by Acuff, seconded by Stark and passed, that the foregoing nominations and appoint- ments be confirmed and approved. Bay Drilling Committee - Mr. R. B. Thompson and Mr. J. O. Langley. Motion by Lozano, seconded by Acuff and passed, that the foregoing nominations and appointments be confirmed and approved. Solicitations Commission - Mr. C. W. Vetters, Mr. Marvin Nebrat and Mr. Johnny Bilano. Motion by Stark, seconded by Branch and passed, that the foregoing reappointments be confirmed and approved. 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 bids be received at 11:00 a.m., Tuesday, October 30, 1973 instead of on • • Minutes Regular Council Meeting October 3, 1973 Page 3 October 16, 1973 for employee group insurance. Several insurance companies have stated that they cannot complete their bid proposals by October 16th. b. That a contract be awarded to Closner Equipment Co., San Antonio, Texas, for the purchase of one 9 -Ton Equipment Trailer for the Gas Division on the basis of their low bid meeting specifications of $3,294.00. Bids were received from two firms and no price comparison can be made because a trailer of this size and capacity has not been purchased before. Sufficient funds have been encumbered from the 1972-73 Budget to cover the purchase. (Bid Tab. #73-73) c. That a contract be awarded to Vermeer Sales of Texas, Houston, Texas for the purchase of one diesel powered track type trenching machine for the Gas Division on the basis of low bid meeting specifications of $26,089.89. Bids were received from three firms and no price comparison is available because no previous purchase of a like item has been made. Sufficient funds have been encumbered from the 1972-73 Budget to cover the purchase. (Bid Tab. #74-73) d. That contracts be awarded to the following firms for a six months supply of street sign blanks based on low bids meeting specifications; Vulcan Sign & Stampings, Inc., Foley, Alabama (Lot I - Street name sign blanks) $ 824.50 Traffic Supplies, Inc. (Lot II - Traffic sign blanks) 2,438.50 $3,263.00 Bids were received from six firms and price comparisons reflect an increase of approximately 13.6%. Bids were previously taken on an annual supply contract. Those bids reflected a 38% increase and were subsequently rejected. (Bid Tab. #75-73) e. That a contract be authorized with Mr. and Mrs. Norman Pinson for the rental of the second and third floors of the Weber Building at 321 N. Mesquite containing approximately 14,000 square feet of office space at a monthly rental of $.25 per square foot and for the rental of 50 park- ing spaces adjacent to the Weber Building at a monthly rental of $7.00 per parking space for two years with an option for three one-year renewals. The rental for the office space will be approxi- mately $42,000 per year and for the parking spaces $4,200 per year for a total of $46,200. The landlord will provide four parking spaces, electricity, water, gas, sewer and sanitation services and air conditioning and heating. The City will reimburse the owners in the amount of $13,751.60 for the cost of remodeling the third floor • Minutes Regular Council Meeting October 3, 1973 Page 4 and will also bear the cost of remodeling the second floor. The office space will be occupied by all Finance Department activities except the Tax Division, which is located at 520 Lawrence Street. f. That a contract be authorized with Jones Properties for rental of 4,932 square feet of office space in the Jones Building to be occupied by the Data Processing Department. The rental contract is for two years at an annual rental of $30,479.76 ($.515 per sq.ft./month) with an option for three one-year renewals at an annual rental of $20,122.56 ($.34 per sq.ft./month). The contract price includes 30 parking spaces, normal janitorial, electrical and building maintenance services, central heating and air conditioning; relocation of partitions, remodeling, re -lighting, redecorating and installation of power fixtures and all utilities except additional power required for Data Process- ing equipment. Items not included in the contract price are the electrical power for the Data Processing equipment and floor covering power cables which are budgeted and supplementary air conditioning and humidity control which is now in service in the Utilities Building and will be relocated. The annual rental for the two-year lease proposal is $1,923.48 more than the annual rental of the previous three-year proposal. Commissioner Gonzalez stated that he would like to see the study on the office space presented as soon as possible. g. That Change Order No. 2 to the contract with Asphalt Maintenance Company, Inc. for construction of Street Improvements on 15th, 17th, 18th, Elizabeth, Prescott, Dolores and Espinosa Streets for $2,800 be approved. The change order provides for the removal and replace- ment of the existing 5' sidewalk on 18th Street between Elizabeth and Prescott Streets adjacent to T. G. Allen Elementary School. The sidewalk is badly cracked and heaved in several places. The Corpus Christi Independent School District has agreed to the additional assessment involved. Sufficient contingency funds are available to cover the cost of the change order. h. That a contract be approved with Maverick Engineering Company for the prepara- tion of a comprehensive water, sanitary sewer and drainage plan for Corpus Christi Beach. The plan is to be completed within 150 days and should the firm be engaged to provide final design plans and specifications on any portion of the Beach project, the cost of the comprehensive plan will be considered and credit allowed on a proportional basis. The contract also requires coordination with the Corps of Engineers' project. An appropriation of $33,600, of which $14,489 is out of the No. 295 Storm Sewer Bond Fund, $10,636 is out of the No. 250 Sanitary Sewer Bond • • Minutes Regular Council Meeting October 3, 1973 Page 5 Fund, and $8,475 is out of the No. 202 Water Bond Fund, is requested. That Trinity Testing Laboratories, Inc. be engaged to provide all testing services necessary during the construction of 15th, 17th, 18th, Elizabeth, Prescott and Espinosa Streets. The tests will be for the quality of materials strength and compaction requirements of the concrete or caliche base. No additional appropriation is necessary since funds appropriated during the award of the contract are sufficient to cover the cost of $7,400.00. j. That the following changes in speed limits be made: a. Yorktown Blvd. between Waldron Field Road and the City limits from 45 mph to 50 mph and between Sweet Bay and Laguna Shores Road from 45 mph to 35 mph. b. Flour Bluff Drive from Purdue Road to Yorktown Blvd. from 45 mph to 50 mph because there is little development on both sides of Flour Bluff Drive and because the 85 percentile speeds are approximately 55 mph. c. Waldron Field Road from Blossom to Purdue Road from 45 mph to 40 mph and from Purdue Road to Caribbean Drive from 45 mph to 35 mph because there is little room for pedestrians to walk on the shoulders of Waldron Field Road and because a large number of school children cross between Purdue and Glenoak. d. Laguna Shores Road from Caribbean Drive to the Tropic Isles Channel from 45 mph to 35 mph and from the Tropic Isles Channel to Yorktown Blvd. from 30 mph to 35 mph because of increases in traffic volumes and land use develop- ment. e. N.A.S. Drive from Claride to the South Gate of the Naval Air Station from 35 mph to 40 mph because the road has been widened. The Traffic Safety Advisory Board, the Flour Bluff Civic League, the Police Traffic Section and the Traffic Safety Coordinator concur in these speed limit changes. k. That a speed limit of 20 mph be established on all of the park roads in West Guth Park. There are presently no speed limit signs in the park and the Traffic Section of the Police Department has experienced speeding problems there which they are unable to control without signing. This reduced speed limit is also recommended because of the geometric design of the park roads, the density of use of the park and the frequent bicycle crossing. The Traffic Safety Advisory Board concurs in this recommendation. I. That parking be prohibited on both sides of Ayers Street between Norton Street and Port Avenue, except next to the La Armada Housing Project where an exclusive parking lane has been constructed. A center left -turn lane will be painted on this section of Ayers Street and all of the pavement width is needed for traffic movement. The Traffic Safety Advisory Boards concur with this recommendation. • Minutes Regular Council Meeting October 3, 1973 Page 6 m. That the City Manager be authorized to submit an application under Title VII of the Older Americans Act to the Governor's Committee on Aging and to execute all related documents for the establishment of a nutrition program for the elderly. The program will provide for a minimum of one hot, well balanced meal at least five days a week, as well as basic supportive services such as transportation, out -reach, referral, information, counseling and education services. The cost of the program will be approximately $417,000 per year. The local share will be 10% of the program cost, all of which will be provided as in-kind services. The meals portion of the program will be provided by contract with private groups and firms and the supportive services portion will be provided by the Senior Citizens Program staff. n. That a 15 -member Senior Community Services Advisory Committee be established to assist and advise in the planning and formulation of senior citizens' programs. The Committee will consist of 3 representatives of agencies which provide direct service to senior citizens, and the remainder of the committee will reflect a proportunate representation of ethnic and income distribution of the elderly population. Eight members of the Committee will be initially appointed to one-year terms and seven to two-year terms. Thereafter, each term will be for two years. The establishment of this Committee is required by the City's grant under Title III of the Older Americans Act. o. That a 90 day lease be approved with the Airport Development Corporation so that the Corporation can immediately allow Power Monolithics to proceed with construction of their new facility at the airport entrance road and Highway 44. The 20 year lease will be effective on January 1, 1974, assuming the third reading occurs October 31st. It is also recommended that the City Manager be authorized to advise the Airport Development Corporation that they are assured of unhindered and complete use of the property to be leased in accordance with the 20 year lease from the date of execution of the short term lease until the effective date of the 20 year lease. p. That the City Manager be authorized and directed to immediately transmit to the Texas Railroad Commission a letter not rejecting the interim rate order dated September 27, 1973, but reserving all legal rights and privileges pertaining to the matter involved. City Manager Townsend stated that it is felt that the increase in rates is necessary at this time to insure an ample supply of gas will be available next winter. He pointed out that in • Minutes Regular Council Meeting October 3, 1973 Page 7 the event of a gas shortage, small business firms would suffer greatly because their supply would be discontinued if their business is not vital to the health and welfare of the citizens. Mr. Townsend also mentioned the great expense to the City should it be necessary to disconnect and reconnect gas to a large number of users. Mayor Luby mentioned that a majority of the Council are not in favor of the increase in gas rates which would have to be passed on to the users, but they feel that it is a necessary measure to assure the City of an ample supply. Commissioner Branch stated that he understood that there would be an item on rhe agenda requesting the Council of Governments to conduct a study and submit a plan for the Oso Creek Development. City Manager Townsend stated that a letter will be prepared making this request. Mayor Luby stated that the letter should make it clear to the Council of Governmentsthat the City will have the right to provide input into the plan. City Manager Townsend stated that the letter will be prepared requesting the Council of Governments to conduct the study and will be placed in the Council's folders next week for their approval. Mayor Luby inquired if there were any comments from the audience in regard to the City Manager's Reports. No one spoke. Motion by Acuff, seconded by Stark and passed, that the City Manager's Reports, Items "a" through "p", be accepted and the requests and recommendations be granted and approved as presented. Mayor Luby announced the public hearing on the proposal to change Congressional Drive in front of Fred R. Sanders School to either Republic Drive or Independence Drive due to the fact that there already exists a Congressional Drive perpendicular to the aforementioned street. City Manager Townsend stated that the name change will`only affect Fred. R. Sanders School which is the only building facing the street; the request has been circulated through the affected departments and all concur with the change; and members of the school system have agreed that either name will be acceptable. City Manager Townsend inquired if anyone was present in regard to this matter. No one appeared. Motion by Lozano, seconded by Branch and passed, that the hearing be closed. 1 • Minutes Regular Council Meeting October 3, 1973 Page 8 Motion by Stark, seconded by Acuff and passed, that the name of the street in front of Fred R. Sanders School be changed to Republic Drive. FIRST READING OF AN ORDINANCE AMENDING SECTION 21-68 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, ENTITLED "INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES", BY AMENDING THE LIMITS ON CERTAIN AREAS OF SOUTH PADRE ISLAND DRIVE (S.H. 358), YORKTOWN BOULEVARD, FLOUR BLUFF DRIVE, WALDRON ROAD, LAGUNA SHORES ROAD, AND S.H. 358 (PADRE ISLAND DRIVE), AS MORE FULLY HEREINAFTER SET OUT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to second reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE AMENDING SECTION 21-69 OF THE CORPUS CHRISTI CITY CODE, AS AMENDED,BY ADDING AN ITEM THERETO SO AS TO DECREASE THE SPEED ON ALL OF THE PARK ROADS 1N WEST GUTH PARK TO 20 MILES PER HOUR AT ALL TIMES; PROVIDING FOR PUBLICATION; PROVIDING SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the first time and passed to second reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AMENDING SECTION 21-155, SCHEDULE III, "PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS", BY ADDING THERETO ITEMS WHICH WILL HAVE THE EFFECT OF PROHIBITING PARKING AT ALL TIMES ON THE EAST SIDE OF AYERS STREET BETWEEN NORTON STREET AND PORT AVENUE AND ON THE WEST SIDE OF AYERS STREET BETWEEN ROOSEVELT DRIVE AND PORT AVENUE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to second reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE BETWEEN THE CITY AND THE CORPUS CHRISTI YACHT CLUB FOR A TERM OF FIVE YEARS CONCERNING A CERTAIN PORTION OF THE BAYFRONT, FOR MAINTE- NANCE OF THE EXISTING YACHT CLUB PIER, L -HEAD AND RELATED PILINGS, ALL AS MORE FULLY DESCRIBED IN THE LEASE AGREEMENT, COPY OF WHICH I5 ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to third reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT OF LEASE WITH THE CORPUS CHRISTI AIRPORT DEVELOPMENT CORPORATION FOR THE LEASING BY THE SAID CORPUS CHRISTI AIRPORT DEVELOPMENT CORPORATION OF A 10 -ACRE TRACT OR PARCEL OF LAND AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, • • Minutes Regular Council Meeting October 3, 1973 Page 9 ALL AS IS MORE FULLY SET FORTH IN THE AGREEMENT OF LEASE, AND TO APPROVE SUB- LEASE BETWEEN CORPUS CHRISTI AIRPORT DEVELOPMENT CORPORATION AND POWER MONOLITHICS, INC., AS SET FORTH IN THE SUBLEASE, COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING THAT REPEAL OF ORDINANCES IN CONFLICT HEREWITH SHALL NOT BECOME EFFECTIVE UNTIL SIXTY DAYS AFTER FINAL PASSAGE OF THIS ORDINANCE; PROVIDING FOR PUBLICATION. The foregoing ordinance•was,read for the second time and passed to third reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11721 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MR. AND MRS. NORMAN PINSON FOR THE RENTAL OF THE 2ND AND 3RD FLOORS OF THE WEBER BUILDING AND 50 PARKING SPACES ADJACENT TO THE WEBER BUILDING FOR A TWO-YEAR TERM WITH AN OPTION TO RENEW UNDER THE SAME CONDITIONS AND TERMS FOR ADDITIONAL THREE ONE-YEAR TERMS, AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye",. ORDINANCE NO. 11722 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE JONES PROPERTIES FOR THE RENTAL OF OFFICE SPACE IN THE JONES BUILDING TO BE OCCUPIED BY THE DATA PROCESSING DEPARTMENT OF THE CITY OF CORPUS CHRISTI FOR A TERM OF TWO YEARS WITH AN OPTION TO RENEW FOR THREE ADDITIONAL TERMS OF ONE YEAR EACH, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11723 AUTHORIZING EXECUTION OF CHANGE ORDER NO. 2 FOR $2,800 TO THE CONTRACT WITH ASPHALT MAINTENANCE COMPANY, INC. FOR CONSTRUCTION OF STREET IMPROVE- MENTS ON 15TH, 17TH, 18TH, ELIZABETH, PRESCOTT, DOLORES, AND ESPINOSA STREETS, PROJECT NO. 220-67-92.9; SAID CHANGE ORDER PROVIDING FOR REMOVAL AND REPLACE- MENT OF 5 FOOT WIDE SIDEWALK ON 18TH STREET ADJACENT TO T. G. ALLEN SCHOOL; THE COST OF SAID CHANGE ORDER TO COME FROM CONTINGENCY FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 11592; APPROVED BY THE CITY COUNCIL ON JULY 25, 1973; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". • • Min°_tes Regular Council Meeting October 3, 1973 Page 10 ORDINANCE NO. 11724 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MAVERICK ENGINEER- ING COMPANY FOR THE PREPARATION OF A UTIL/IES MASTER PLAN FOR CORPUS CHRISTI BEACH AREA, AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; APPROPRIATING $33,600, OF WHICH $14,489 IS OUT OF NO. 295 STORM SEWER BOND FUND, APPLICABLE TO PROJECT NO. 295-72-12; $10,636 IS OUT OF NO. 250 SANITARY SEWER BOND FUND, APPLICABLE TO PROJECT NO. 250-70-102; AND $8,475 I5 OUT OF NO 202 WATER BOND FUND, APPLICABLE TO PROJECT NO. 202-68-35; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Ac:;ff, Branch, Tom Gonzales, .Ricardo Gonzalez, Lozano and Sark, present and voting "Aye". ORDINANCE NO. 11725 AUTHORIZING ACCEPTANCE OF THE PROPOSAL OF TRINITY TESTING LABORATORIES, INC. TO PERFORM LABORATORY SERVICES NECESSARY DURING CONSTRUCTION OF STREET IMPROVEMENTS ON 15TH, 17TH, 18TH, ELIZABETH, PRESCOTT, DOLORES, AND ESPINOSA STREETS, PROJECT NO. 220-67-92.9, FOR $7,400, A COPY OF SAID PROPOSAL BEING ATTACHED HERETO AND MADE A PART HEREOF, THE COST OF SAID SERVICES TO BE PAID FROM CONTINGENCY FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 11592 • APPROVED JULY 25, 1973; AND DECLARING AN EMERGENCY. The Cl:aiter Rule was raispended and the faregcirag_ord"onance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11726 AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT AN APPLICATION AND EXECUTE CONTRACT AND SUCH OTHER RELATED DOCUMENTS AS MAY BE NECESSARY WITH THE GOVERNOR'S COMMITTEE ON AGING TO UNDERTAKE THE ESTABLISHMENT OF A NUTRITION PROGRAM FOR THE ELDERLY, SAID APPLICATION BEING AUTHORIZED UNDER THE PROVISIONS OF TITLE VII OF THE OLDER AMERICANS ACT AS MORE FULLY SET FORTH IN THE APPLICATION AND CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye" ORDINANCE NO. 11727 PROVIDING FOR THE ESTABLISHMENT OF A SENIOR COMMUNITY SERVICES ADVISORY COMMITTEE TO ASSIST AND ADVISE IN THE PLANNING AND FORMULATION OF SENIOR CITIZENS PROGRAMS; PROVIDING FOR A FIFTEEN (15) MEMBER ADVISORY COMMITTEE CONSISTING OF SENIOR CITIZENS, REPRESENTATIVES OF SENIOR CITIZEN ORGANIZATIONS AND REPRESENTATIVES OF AGENCIES WITH DIRECT SERVICES OR PROGRAMS FOR SENIOR CITIZENS; AND PROVIDING STAFF SUPPORT; AND DECLARING AN EMERGENCY. • • Minutes Regular Council Meeting October 3, 1973 Page 11 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11728 AUTHORIZING THE CITY MANAGER TO ENTER INTO A 90 -DAY LEASE WITH THE CORPUS CHRISTI AIRPORT DEVELOPMENT CORPORATION FOR THE LEASING BY THE SAID CORPUS CHRISTI AIRPORT DEVELOPMENT CORPORATION OF A 10 -ACRE TRACT OR PARCEL OF LAND AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, ALL AS IS MORE FULLY SET FORTH IN THE LEASE, 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, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11729 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 THE CITY PLANNING COMMISSION BY GRANTING A SPECIAL PERMIT FOR A TRAVEL TRAILER PARK ACCORDING TO THE SITE PLAN APPROVED BY THE COMMISSION, SITUATED ON THE SOUTH 1/2 OF LOT 6, BLOCK 40, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; KEEPING IN EFFECT ALL OTI-ER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The. Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11730 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 APPLI- CATION OF M. R. AND R. C. SNAPKA BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 24, BLOCK 5, LEXINGTON ESTATES SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVI- SIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". Minutes Regular Council Meeting October 3, 1973 Page 12 RESOLUTION NO. 11731 • EXPRESSING SYMPATHY ON THE DEATH OCTOBER 2, 1973, OF ROBERT M. JACKSON, RETIRED CALLER -TIMES EDITOR, AND APPRECIATION FOR HIS SERVICE TO THE COMMUNITY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". City Manager Townsend stated that he was pleased to announce that Director of Finance Harold F. Zick was appointed as State Chairman of the Municipal Finance Officers Association of East Texas. City Manager Townsend reported that non -collectible accounts in Public Utilities represents .02 of one percent, or $25,272 against a revenue of $11,354,810. City Manager Townsend mentioned that Amendment No. 8 of the amendments on the November 6, 1973 ballot is an amendment that will benefit the City and urged support of it. He explained that this amendment pledges that once bonds are sold, those bonds will be paid off. Mr. Townsend stated that the amendment does not expand the authority of the City to sell bonds, but its passage will affect the City's future bond sales and would reduce the rate of interest. City Manager Townsend stated that Congressional Hearings on the Resolutions Sub - Committee of the Interior and Insular Committee will be held November 9, 10 and 11, 1973. Mr. Townsend complimented Mr. Jim Wood, Caller -Times Washington correspondent, for getting this information for the City. Mr. Townsend further stated that Mr. Bob Schneider and his depart- ment will be planning the matters to be presented at area hearings and urged that the City make a strong representation at the hearing so that the Government will know that the people of South Texas do want the Choke Canyon Dam Project. Mayor Pro Tem Acuff read a proposal of Mayor Luby's in regard to the establishment of a Military Affairs Committee designed to further strengthen the good relations between the City and the Military. Motion by Acuff, seconded by Branch and passed, that a Military Affairs Committee be established, composed of Rear Admiral James Ferris, U.S.N.; Colonel Robert J. Dillard; Captain John D. Steinbacher; Colonel Floyd Buch, Retired; Rear Admiral R. A. Macpherson, Retired and Mayor Jason Luby. • • Minutes Regular Council Meeting October 3, 1973 Page 13 Motion by Acuff, seconded by Lozano and passed, that the entire. City Council attend the initial luncheon meeting. Mayor Luby announced the public hearings on four zoning cases. City Manager Townsend presented Application #573-18, Julius, Robert & Paul Racusin and Miriam Racusin Eidelberg for change of zoning from "R -1A" One -family Dwelling District to "A-2" Apartment House District on Lots 1 and 2, Aero Village Subdivision, located on the north- west corner of Glenmore and South Alameda Streets. The request was heard by the Planning Commission on May 29, 1973, and referred to the Council with the recommendation that it be denied. City Manager Townsend stated that the 20 percent rule is in effect. He stated that Staff recommendation is that the "A-2" request be denied but that in lieu of that zoning, that "R-2" zoning, which would accommodate five units, be approved. Mr. Townsend stated that the usual procedure is to allow the applicant to speak first. Mr. John Waller, attorney representing the owners, spoke at this time. Mr. Waller stated that Aero Village Subdivision consists of two complete blocks; that it was originally deed restricted to single-family uses; that a suit was filed in 1971 to lift these restrictions; there was a compromise settlement for construction of apartments on the subject property only, limited to no more than eight apartment units with minimum size of 850 square feet and costing no less than $8, 000 per unit; that a sufficient number of property owners' signatures were obtained to rewrite the deed restrictions, and the deed has been filed for record. Mr. Waller stated that some of the people who signed the request to rewrite the deed restrictions have since indicated that they do not want apartments on the property. Mr. Waller requested permission to present the proposed plan for the development of only four apartment units for the property. Commissioner Branch ascertained that this plan had not been presented to the Planning Commission and stated that it should not be presented to Council. Mayor Luby and Council agreed. Mr. Waller stated that the plan called for four units to be built on the property and contended that it would not harm the surrounding property. He also stated that it was his under- standing that if a Special Permit were to be considered, it would be proper for him to present a plat plan. • • Minutes Regular Council Meeting October 3, 1973 Page 14 Commissioner Stark stated that in view of the fact that a Special Permit was discussed at the Planning Commission Hearing, he felt that the Special Permit could be granted. Mr. Robert Burns, 474 Glenmore, presented Council with a petition containing 144 names opposing the change of zoning. Mr. Burns stated that his property is adjacent to the north of the subject property and pointed out the undesirability of having his home so close to an apart- ment complex. He stated that when he and his wife purchased their home there, deed restrictions limiting the area to single family dwelling were in effect, and it was unfortunate that these deed restrictions had expired in 1965 and the residents in Aero Village did not request that they be extended. In regard to the petition approving the lifting of these deed restrictions to allow apartments to be constructed on the property in question, Mr. Burns alleged that the presentation of the petition to the property owners in the area was misleading in that it was implied that if the property owners did not approve of the zoning to allow apartment units, then it was possible that undesirable business firms could be built there. He explained that he signed the petition without investigating because of his concern over a health problem that he had at that time. Mr. Burns stated that he had discussed this request for change of zoning with all of the residents in the affected area and had obtained 144 signatures opposing any type of zoning other than single family dwelling units and requested that Council deny the request of the applicant. He also mentioned the fact that the proposed apartment units would create traffic problems. Mrs. Angel Wyatt, 467 Homecrest, also spoke in opposition to the request for change of zoning, pointing out the beauty and quality of the area; the impression the area makes on tourists driving down Alameda enroute to the golf course across the street; and the fact that their property would be devalued if apartments were built on the lots in question. Mr. Cecil Wyatt, 467 Homecrest, spoke in opposition to the request for change of zoning stating that this subdivision is not designated for apartment units and pointed out the large number of people, children, automobiles, pets, etc., that would inhabit the proposed apartment units, and requested that Council deny the request. Commissioner Stark inquired if he would be opposed to the developer's plan to construct only four apartment units. Mr. Wyatt stated that he and the other residents would be opposed to any zoning other than single family dwelling use. • • Minutes Regular Council Meeting October 3, 1973 Page 15 Mrs. Wilma Urban, 402 Homecrest, also spoke in opposition, stating that she is opposed to any zoning other than single family dwelling. Commissioner Branch inquired if it would be possible to build single family dwelling units on the two Tots in question. City Manager Townsend stated that there is sufficient space to build two houses. Mr. Waller pointed out that according to the plat plan there is a set back of 35 feet. Mr. Larry Wenger, Senior Planner, stated that it could be replotted, but with the set back, the first lot is too small to contain a house. Mayor Luby requested that the hearing be interrupted briefly in order that Houston Astro baseball player, Cesar Cedeno, could be introduced to Council. Mayor Luby explained that Mr. Cedeno was recently voted Corpus Christi's Favorite Houston Astro Player and was made an Honorary Citizen of Corpus Christi recently on Corpus Christi Day at the Astrodome, at which time he was invited to visit out City as a guest of the Corpus Christi Tourist Bureau. Mayor Luby also presented Mr. Cedeno with a Key to the City and welcomed him and Mrs. Cedeno to the City. The public hearing continued. Mr. E. M. Lane, 467 Claremore, also spoke in opposition, stating that when he purchased his home, he understood that the subdivision was deed restricted to single family dwelling, and he would like for it to remain that way. In rebuttal, Mr. Waller stated that the deed restrictions had expired and there were many things that could be built on the lots with the present zoning; thirty of the people owning property had agreed to the new deed restrictions; and mentioned that Mr. Burns had signed the agreement. Mrs. Ann Taylor, 437 Homecrest, also spoke in opposition to the change of zoning. No one else spoke in opposition to the request for change of zoning. Motion by Stark, seconded by Gonzalez and passed that the hearing be closed. City Manager Townsend stated that the 20 percent rule is in effect. Motion by Branch, seconded by Gonzalez and passed with Stark voting "Nay" that the recommendation of the Planning Commission be concurred in and that Application #573-18, Julius, Robert & Paul Racusin and Miriam Racusin Eidelberg, for change of zoning from "R -1A" One -family Dwelling District to "A-2" Apartment House District on Lots 1 and 2, Aero Village Subdivision, located on the northwest corner of Glenmore and South Alameda Streets, be denied. • • Minutes Regular Council Meeting October 3, 1973, Page 16 City Manager Townsend presented Application #973-1, Buford Nicholson, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on a portion of Lot 1, Section 5, Bohemian Colony Lands, located on the southwest corner of Greenwood and Trojan Drives. The request was heard by the Planning Commission on September 4, 1973, and forwarded to the Council with the recommendation that the request be denied, but in lieu thereof "A-1" Apartment House District be approved. The Planning Staff recommended denial of "B-4" but in lieu thereof recommended approval of "A-1" Apartment House District which would serve as a buffer between the residential area to the north and "B-1" to the south. City Manager Townsend stated that the procedure is for the Council to inquire of the applicant if he would accept the recommended zoning in lieu of the requested zoning. Mr. Ruiz Garcia, Attorney representing Mr. Nicholson, stated that they had requested "B-4" zoning as a logical extension of the "B-1" zoning in the area. He stated that at that time it was felt that the surrounding area would eventually be zoned "B-4" and they are requesting "B-4". He stated that they could accept "B-1" zoning. Real Estate Broker Tom Swantner spoke at this time on behalf of the applicant and explained the background on the zoning of this property. He also stated that the proposed developer planned to construct a convenience type grocery store on the property and that alcoholic beverages would not be consumed on the property. Commissioner Branch pointed out that because of the location of the property, the residents of the area were not informed of the change of zoning request, and yet they were the ones that would be most affected. Mr. Harry H. Miller, 1605 Bois D'arc Place, spoke in opposition to the request. Mr. Miller stated that "B-4" zoning allows a number of kinds of businesses which might be objectionable to the residents; pointed out that Moody High School is down Trojan Drive from the location; stated that a drive-in type of grocery is already in the neighborhood and another is not needed, and another drive-in type of grocery would create a place for the students to loiter. Mr. Fletcher Singleton, 1609 Bois D'arc, spoke in opposition to the zoning request, stating that he had moved to that neighborhood with the impression that this area would be a single family dwelling district and also mentioned that one drive-in grocery presents enough of a problem in the neighborhood. Mrs. O. L. Guy also spoke in opposition, pointing out that the H. E. Butt Grocery Company is planning to build a grocery store near Greenwood and Padre Island Drive and that • • Minutes Regular Council Meeting October 3, 1973 Page 17 another grocery store is not needed in the area. Mr. Hulen Hunt, owner of the undeveloped lots in Hacienda, appeared in opposition to the request and presented a petition containing 69 signatures of residents opposing the zoning change. He stated that he has plans to build single family dwelling units across the street from the property in question and that he is planning to build FHA homes and is just waiting for some type of finance plan that will replace the 235 loans. He also indicated that he would be opposed to "A-1" zoning. Mr. Hunt stated that he started his subdivision a year ago and that when he purchased the property six years ago, the property was zoned "R -1B" and he understood that it would remain that wuy. He also pointed out that FHA is hesitant to grant loans for houses to be constructed on property across from "A-1" or "B-4" zoning. No one else appeared in opposition. Motion by Acuff, seconded by Gonzalez and passed that the hearing be closed. Mr. Swantner stated that if the "B-4" zoning could not be granted, the applicant would not accept "A-1" zoning and asked that it remain the present zoning if the "B-4" zoning was not granted. Motion by Gonzalez, seconded by Branch and passed, Acuff and Lozano voting "Nay" that Application #973-1, Buford Nicholson, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on a portion of Lot 1, Section 5, Bohemian Colony Lands, located on the southwest corner of Greenwood and Trojan Drives, be denied. City Manager Townsend presented Application #973-3, Dwight L. Smith, Jr., for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on Lot 21, Block 1, Mesa Addition, located on the northwest corner of Violet Road and Blades Street. The request was heard by the Planning Commission on September 4, 1973, and forwarded to the Council with the recommendation that the "B-1" be approved on the basis that it was deed restricted for business when the subdivision was developed, which was prior to annexation. The Planning Staff recommended denial on the basis that it would be detrimental to adjacent residential uses. City Manager Townsend stated that the following letters had been received in regard to this request: Mr. Harry Smith of Event, Texas, in opposition; Mrs. Lynn Dell Scott, in favor; and Mr. and Mrs. A. T. Kimper, in favor. No one appeared in opposition to the request for change of zoning. • • Minutes Regular Council Meeting October 3, 1973 Page 18 Mr. Wenger stated that the Staff recommended denial because it is the entrance to residential property and that a neighborhood business is proposed for the property, but it is unknown just what type of business is planned. Commissioner Gonzalez requested that when zoning cases are scheduled for public hearing, that the zoning map be placed on the wall. The applicant was not present at the hearing. Motion by Acuff, seconded by Gonzalez and passed, that the hearing be closed. Motion by Gonzalez, seconded by Branch, and passed, that Application #973-3, Dwight L. Smith, Jr. for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on Lot 21, Block 1, Mesa Addition, located on the northwest corner of Violet Road and Blades Street, be denied. City Manager Townsend presented Application #973-6, Horton Glass Company, for change of zoning from "R -1B" One -family Dwelling District to "1-2" Light Industrial District on Lot 4, Block 1 and Lot 4, Block 2, Abbott Addition, located on both sides of Gibson Lane north of State Highway 44. The request was heard by the Planning Commission on September 4,1973, and forwarded to the Council with the recommendation that it be approved as a logical extension of the "1-2" zoning in the area. The Planning Staff recommends approval as a logical extension of "1-2" zoning in the area. City Manager Townsend stated that the following letters had been received in regard to this application: SFC Edgar R. Irizarry, in opposition; Ms. Gertrude McKinney, in favor; Mark E. Myers, in favor; W. L. Bates, in favor; C. Wesley Hammonds, in favor; and Mrs. Mamie V. Brown, in opposition. Mr. Wenger stated that "1-2" zoning is in the area and this would just be adding two additional Tots to the "1-2" zoning. City Manager Townsend stated that he would not recommend that the rest of the tract which is presently zoned "R -1B", be zoned "1-2" because there are residential areas there. Mr. Townsend stated that the proposed extension of Highway 44 to Padre Island Drive world basically be another entrance to the Airport. Commissioner Gonzales mentioned that if "1-2" zoning is granted, the City would have the same situation that exists on Agnes and suggested a study on the area before any more zoning is changed. • Minutes Regular Council Meeting October 3, 1973 Page 19 No one appeared in opposition to the request. Motion by Lozano, seconded by Acuff and passed, that the hearing be closed. Motion by Lozano, seconded by Stark and passed, that the recommendation of the Planning Commission be concurred in and that Application #973-6, Horton Glass Company, for change of zoning from "R -1B" One -Family Dwelling District to "1-2" Light Industrial District on Lot 4, Block 1 and Lot 4, Block 2, Abbott Addition, located on both sides of Gibson Lane north of State Highway 44, be approved. ORDINANCE NO, 11732 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 APPLICA- TION OF ANTONIO CARRENO, M.D., BY GRANTING A SPECIAL COUNCIL PERMIT FOR A MEDICAL OFFICE BUILDING, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, ON LOTS 1 AND 2, BLOCK 6, BAYVIEW ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11733 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 HORTON GLASS COMPANY, INC. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 4, BLOCK 1 AND LOT 4, BLOCK 2, ABBOTT ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "1-2" LIGHT INDUSTRIAL DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye" City Manager Townsend informed Council that Mr. Allen Busching of Veeco Instruments, Inc., has expressed concern in regard to the possibility that the 20 year lease between the City and the Company might not be signed, and requested permission from Council to add a paragraph to his letter regarding the commitment of the Ci ty Council of Corpus Christi to the effect that the • Minutes Regular Council Meeting October 3, 1973 Page 20 City will be responsible for any expense incurred by the Company in the event the lease is not signed. Motion by Stark, seconded by Acuff and passed, that the letter and the addendum be approved. Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. Jay Byars, 4634 Blundell, appeared at this time. Mrs. Byars stated that she was aware that Council could not assist her in her problem, but she wanted to make them aware of a situation that exists here in the City. Mrs. Byars explained that she and her husband had been attacked in their home on Friday night, September 28, 1973; the police were called and stated that the assailant could not be arrested until charges had been filed with a Justice of the Peace. Mr. and Mrs. Byars tried unsuccessfully to contact a Justice of the Peace Friday night and all day Saturday. Mrs, Byars stated that she was advised that Judge Mike Westergren does not take calls on the weekend, Judge Cantu did not return their call, and she was finally able to reach a third Justice of the Peace, but he had no jurisdiction over the Precinct in which she resides. Mrs. Byars stated that when she finally contacted Judge Westergren, he refused to do anything about the matter. She also stated that the assailant returned on Sunday, September 30; the police were called again and were unable to arrest the assailant because charges had still not been filed, and they were not present when the attack occurred. Commissioner Gonzalez inquired if there is nothing the police can do in a situation such as this. City Manager Townsend stated that he will investigate the matter and report to Council. In regard to the gas rate increase granted to Lo -Vaca Gathering Company, City Manager Townsend stated that a motion was in order from Council instructing Staff as to their intention. Motion by Stark, seconded by Acuff and passed, that the City does not intend to exercise its option to reject the interim rate established by the Railroad Commission in Gas Utilities Docket No. 500, entered on September 27, 1973; that the Texas Railroad Commission be advised that the City's failure to exercise its option to reject the interim rate is solely in order to protect the citizens' supply of gas and does not indicate that the City accepts the Railroad Commission's jurisdiction • • Minutes Regular Council Meeting October 3, 1973 Page 21 and the City specifically reserves all legal rights and remedies available to it in law, as well as under the terms of said Order; and in addition, the Railroad Commission shall be advised of the City's position regarding its Order. There being no further business to come before the Council the meeting was adjourned at 5:55 p.m., October 3, 1973.