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HomeMy WebLinkAboutMinutes City Council - 11/14/1973PRESENT: 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 MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING November 14, 1973 2:00 P. M. City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring Vir Mayor Jason Luby called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Father Ambrose Giannoukos of St. Nicholas Greek Orthodox Church, City Secretary T. Ray Kring called the roll of those in attendance. Motion by Tom Gonzales, seconded by Lozano and passed, that the Minutes of the Regular Council Meeting of October 31, 1973 be approved as submitted to the Council. Mayor Luby announced the issuance of a proclamation designating November 18, through 25, 1973 as BIBLE WEEK in the City of Corpus Christi. The Government Class of Tuloso-Midway High School was recognized and Mayor Luby presented Certificates of Attendance to the following class members: Edwin Stern, Vicky Staley, Bill Moore, Tim Waychoff, Jukka Karilaimen, and Terry Stolte, Also recognized were the presidents of High School Student Councils of the City as follows: Bill Nelson (Carroll); Gilbert Garcia (Ray); Alex Saborit (Moody); Dean Cromwell (King); Edith Gonzalez (Miller); John Neubauer (Tuloso-Midway); and Myra Tucher (Incarnate Word). Mr. Bill Moore of Tuloso-Midway, spoke briefly and thanked the Council for having appointed him to represent youth on the Human Relations Commission and expressed a desire to be worthy of that honour. Also recognized as present in the audience was Mayor Emeritus McIver Furman, Mayor Luby called for the opening of bids and Director of Engineering and Physical Development James K. Lontos opened and read bids for the finishing of the second floor of Parkdale Library and remodeling the old fire alarm room in La Retama Library, from the following firms: Ismael C. Salazar; L & L Construction; and Lee Roy Cole Construction Company, Mr. Lontos opened and read bids for Wooldridge Staples Outfall Storm Sewer Improvements from the following firms: G.G,I., Inc.; Slovak Brothers, Inc.; and Heldenfels Brothers. • • Minutes Regular Council Meeting November 14, 1973 Page 2 The foregoing bids were tabled for 48 hours pursuant to the requirements of the City Charter and referred to the City Manager for tabulation and recommenda- tion, Mayor Luby announced the public hearing on the request of Inland Limousine Service, Inc. for an increase in rates. City Manager presented the request stating the Company's request was to increase rates in Zone 1 from $2.00 to $2.50, in Zone 2 from $2.75 to $3,00, in Zone 5, from $5.00 to $8.00, and to move Corpus Christi Beach from Zone 1 to Zone 2. He explained that the staff and the Airport Advisory Board do not recommend any zone boundary changes but do recommend increasing the rates in Zone 1 to $2.50 and in Zone 5 from $5.00 to $6.00 per personwitha maximum of $15.00 per trip to the Naval Air Station, and that Inland Limousine Service, Inc. is willing to accept this recommendation, that the first reading of the ordinance constituted a public hearing. No one appeared in opposition to the foregoing request. Motion by Lozano, seconded by Acuff and passed, that the hearing be closed, the recommendation of the staff and the Airport Advisory Board be concurred in, and an ordinance read on the first of three readings November 7, 1973, be brought for- ward for second reading. Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented requests and recommendations with related comments and explanations, as follows: a. That a public hearing be held on December 12, 1973, on the following zoning application: (1) Padre Federal Savings & Loan Association - "AB" to "B-1", located on the northeast corner of South Staples Street and Collingswood Drive. b. Recommendation that bids be received at 11:00 a.m., December 4, 1973 an the following budget items: (1) 837 trees for the Park Division and the Oso Golf Course. The trees include 318 3" Cottonwoods, 338 3" Chinese Tallows, 7 2" Live Oak, 100 3" Wild Olive, and 10 8' Palms. (2) A gas chromatograph for the Health Division Laboratory. The chromatograph will be used in the analysis of organic materials such as hydrocarbons, pesticides and clinical materials as part of air, water, and food material analysis. (3) 920 gallons of aqueous film forming foam for the Fire Department and International Airport. • • Minutes RegularCouncil Meeting November 14, 1973 Page 3 c. That the October 31, 1973 authorization to receive bids on November 21, 1973 for the remodeling of the second floor of the Weber Building, be withdrawn and the work be done by City forces and sub -contractors. This will allow the Finance Department to move four weeks earlier. d. That a contract be awarded to Arthur Dooley & Sons, Corpus Christi, for eight high -back pressure foam makers for the Fire Department, on the basis of the only bid received of $2,760.00. (Bid Tab. 78-73) e. That a contract be awarded to Bailey's House of Guns, Houston, Texas, for 168 hand guns and 48 sets of leather goods for the Police Department on the basis of low bid of $12,372.06. Federal Laboratories submitted the low bid on Lot II (leather goods) but their bid did not meet specifications. Specifications called for 10 ounce leather but Federal Laboratories bid only 8 ounce, and for metal expanders in the cartridge cases which Federal's bid did not provide. A price com- parison indicates a decrease of 2.4%. (Bid Tab. #79-73) f. That a contract be awarded to D. L. Kropp and Associates, Lewisville, Texas, for approximately 790 square feet of raised flooring for the Data Processing Department on the basis of low bid of $3,839.40. Bids were received from three firms. (Bid Tab. 080-73) g. That a contract be awarded to Imperial Mill & Fixtures, Corpus Christi, for the purchase of specimen storage cabinets and trays for the Museum on the basis of low bid of $5,392.75. Bids were received from four firms. Price comparison reveals an increase of 8.7%. (Bid Tab. #81-73) h. That a contract be awarded to Creveling Dodge Motor Co., Corpus Christi, for the purchase of two window vans for the Senior Citizens Assistance Program on ftbis of low bid of $9,498.14. Bids were received from three firms. (Bid Tab. i. That a contract be awarded to The Warren Refrigerator Co., Inc., Corpus Christi, for one walk-in freezer for the Coliseum on the basis of their low bid of $2,657.20. Bids were received from two firms. (Bid Tab. #83-73) J. That a contract be awarded to EMCO Elevator Company, Corpus Christi, for elevator maintenance service for City Hall, the Public Utilities building, La Retama Library, and Corpus Christi International Airport for a three year period on the basis of low bid of $7,783.20. Bids were received from three firms. A price com- parison shows a decrease of approximately 16%. (Bid Tab.#84-73) • Minutes Regular Council Meeting November 14, 1973 Page 4 k. That a one-year educational leave of absence without pay be granted to Sgt. G. P. Boggs to attend Texas A & I University as a full-time student majoring in criminal justice. The leave is to begin January 3, 1974 and continue through the fall semester of 1974. Sgt. Boggs plans to return to the Police Department. He has been with the Department since February, 1967 and has an Associate Degree in Police Science. Section 10(e)3 of Ordinance No. 8127 authorizes the City Council upon the recommendation of the City Manager, to grant leaves of absence with or without pay for a period in excess of three months for the purpose of attending college or for other purposes that are deemed beneficial to the City. 1. That parking be prohibited on both sides of Greenwood Drive between Padre Island Drive and Horne Road and the speed limit be increased from 30 to 35 miles per hour. The no parking will allow painting of a two-way center left -turn lane and will not adverselyaffectanybusinesses or residents. Garcia Elementary School has off street parking and a drive-thru to permit dropping children off from cars and buses. The increased speed is more consistent withthewidened roadway. Both recommendations have been approved by the Traffic Safety Advisory Board. m. That the Central Business District Association be granted permission to place Christmas decorations in the Central Business District and that 2 -hour free parking be permitted on -the 200 through 600 blocks of Chaparral and on other adjoin- ing streets djoin-ing-streets as may be designated by the Director of Traffic Engineering from November 22, 1973 through December 28, 1973. The Association has a $100/300/100,000 public liability insurance policy to protect the public for any problems which might be caused by the decorations. n. That the City Manager be authorized to sign an application for the 1974 Library Services and ConstructionActGrant. The application states that the City will continue toserveas a Major Resource Center and will allow budgeted City expenditures to be used to match federal funds. On May 29, 1973 when the City Council authorized an application to continue as a Major Resource Center under the Library Systems Act, it was anticipated that no federal funds would be received under LSCA for 1974. The amount of money to be available under a continuing reso- lution in Congress isnot now available. o. That a contract be awarded to Electric Construction Company, Inc., for electrical and air conditioning modifications to the eighth floor of the Jones • • Minutes Regular Council Meeting November 14, 1973 Page 5 Building for $7,963.00. The contract time bid is 25 calendar days, p. That the construction of Ayers Street from Port -Ayers to Norton Drive be -accepted and that the finalassessmentroll of $51,990 be adopted. The project was jointly constructed by the City and Texas Highway Department at a cost of $446,893.34. The State's portion was $238,993.34 and the City's was $207,900.00 of which $51,990 was assessed against the abutting property owners. q. That a Consent Agreement between the United States Government and the City and between the Texas Mexican Railway Company and the City for a permit to cross the Texas Mexican Railway tracks at Flour Bluff Drive and Matlock Street with a reinforced concrete pipe for the construction of the Matlock Street storm sewer, be approved. r. That the values of Parcels 298, 299, 300, 301, 311, 312, 313 and 314 of the Corpus Christi Beach Park Sites Project be approved and $82,151.00 be appropriated out of Project No. 291-72-12 to cover acquisition costs and incidental expenses related to closing. These parcels are the initial acquisitions for the Corpus Christi Beach Park Sites Project. Contracts have been signed subject to appropriation and Council approval on five of these eight parcels for $59,026. s. That acquisition of the Bayfront Science Park expansion move forward with the approval of: (1) Acquisition according to the appraised values of Blocks 62 and 71, which is the area between Water Street and Chaparral and between Hughes Street and Fitzgerald; (2) Acquisition according to the appraised values of Block 89, which lies between Mesquite and Chaparral and between Brewster and Hirsch; (3) The approval of the initiation of condemnation procedures to acquire Block 90. Initial discussions with the three owners indicate a substantial difference of opinion between the appraiser's values and the amount sought by the owners. Values will be submitted for approval of acquisition on three more blocks on November 21. t. That the Fire Prevention Activity of the 1973-74 Budget be amended to substitute 5 Fire Inspector I's at the same salary grade as Firefighter II's in lieu of five Inspector positions shown at the same salary as Fire Lieutenant and to add a position of Fire Inspector II at the level of Fire Lieutenant with the stipu- lation that one Fire Inspector I will be deleted when a vacancy occurs and that the total Fire Division manpower will not be increased by this action. This is a modi- • • Minutes Regular Council Meeting November 11, 1973 Page 6 fication of Alternative III recommended by the Civil Service Commission on October 3, 1973. The Commission would proceed to hold an examination and it would be open to all Fire Inspectors and Firefighter II's. u. That the firm of Peat, Marwick, Mitchell and Company be employed as the consultant on the Police Organizational and Management study through a Law Enforce- ment Assistance Agency (Federal) and Criminal Justice Council (State) grant authorized by the City Council on June 27, 1973. The study's cost of $21,250 will be paid for through the grant. The City's portion is $3,750. v. That Section 2(b)-5 of the Compensation Plan be amended to provide that the state required longevity pay for firemen and policemen apply to total years worked up to 25 years as either a fireman or a policeman. The existing procedure only includes time worked in the last department employed, although the State law appears to allow, although not acquired, cities to include time in either service. There are 7 employees with some years of service in both the Fire and Police Depart- ments. w. That an ordinance be passed regulating boat storage and repairs on the land areas of the L. and T Heads, prohibiting the fueling of inboard tanks except at fuel station docks and regulating welding and cutting by electrical and acetylene. methods. The ordinance specifically provides for the following: (1) Prohibiting the storage of any boat, trailer, vehicle or equipment upon land areas of the L and T Heads in excess of 48 hours without a special ten-day permit or without a contract or lease agreement granted by the City. Require that boat owners or operators who store a boat, park a trailer, equipment, or vehicle in excess of 24 hours, log in with the Marina Supervisor or patrolman. (2) Permits boat construction, repair,and rebuilding only at a designated repair service area granted by the City in a lease or contract agreement. (3) Authorizes the Marina Department to remove and dispose of any boat, trailer, vehicle, or equipment in violation of the above. (4) Require that boat owners who desire to haul out, repair, and refinish their boats, obtain a special ten-day permit from the Marina Supervisor for which there will be no charge and for which no insurance will have to be posted. (5) Requires that persons and/or firms hired to haul out, repair, and refinish boats belonging to others: a. Obtain a special ten-day permit from the Marina Supervisor by making a $50 deposit with the Super- visor therefor. The deposit will be used at the rate of $5.00 per day with any unused portion being refunded. • • Minutes Regular Council Meeting November 14, 1973 Page 7 w(5) - Coned': b.T Furnishin:advance proof $100/300/50,000 public liability insurance coverage. (6) Only those craft which do not exceed 35 feet in length can be hauled out and/or repaired. (7) A fine of $10 per day for violation. (8) Welding and cutting by electrical or acetylene methods be permitted only in designated areas. (9) Fueling of fnboard: tanks be allowed only at the fuel station. Mr. J. B. Trimble, local attorney and owner of Lots 10, 11 & 12, Block 90, located at the corner of Blucher & Chaparral recommended for condemnation in Para- graph 3 of Item "s" of the City Manager's reports, appeared and told the Council the City Manager's statement "that there was a substantial difference of opinion between the appraiser's value and the amount sought by the owners," was correct, but he, speaking on behalf of himself, felt the offer made by the City of $22,500 for the three lots was not in accordance with current market values in that area. He explained that two of the corner lots were vacant and the third lot has a small court with eight apartment rental units; that he had owned the property since 1946 and had paid $22,500 at that time; that the City had appraised the lots separately but that the law establishes that when a person owns all three lots they should be appraised or condemed as a unit; that the staff's statement that there had been negotiations was over stated in that a representative had called at his office and presented the figure of $22,500 for the three lots and improvements and reported that was all he had authority to offer. Mr. Trimble stated he feels the offer is extremely low and he is bringing these facts before the Council which may not have come to their attention, hopefully that justice will be done, time saved, and burdensome litigation avoided. Mr. Trimble was questioned if this property had been depreciated during the last 27 years for income tax purposes, and he stated it had been depreciated. Also it was pointed out that at that time a lot of traffic had been channeled to North Beach and some of this property may have been depreciated in value because of the construc- tion of the Harbor Bridge. Mr. Trimble agreed that these things had taken place, but pointed out that millions of dollars had been spent on the Art Museum, Corpus Christi Museum and Little Theater to be built. He stated that from a profit making point of view, this is an ideal location for a high rise apartment. Mr. Trimble asked if he might have the benefit of the appraised value of the adjoining properties, and City Minutes Regular Council Meeting November 14, 1973 Page 8 Manager Townsend explained that this has never been the procedure in the past, that this was not necessarily of public record, but suggested that specific questions may be directed to Mr. Lontos or the Legal Department. He stated the sales contract becomes a matter of public record. Mrs. Susan Hopkins, Chairman of a committee of the Arts Council, requested that the Council proceed immediately to acquire property for the construction of the auditorium for which funds have been voted, and that architects be authorized to proceed with drawing the plans as soon as possible. Others appearing and concurring in this request and urging quick action for the acquisition of property for this facility, were Mayor Emeritus McIver Furman, pointing out that this area had been designated for this purpose for many years and the City should move forward toward its completion; Mro Russell Kirkland, 14 Hewit Drive, stated every month of delay adds an extra $50,000 a month in construction costs and materials; Mr. Charles Bellah, President of the Local Chapter of Architects, stated construction costs have increased ten percent each year and further delay could mean that the scope of the facility would have to be decreased; Mr. Ben Marks, 434 Delaine, local businessman, stated time is important; that Corpus Christi has reached a stale- mate economically and people in the construction business are finding work outside the City, and the completion of this auditorium would be an expression of Corpus Christi's own confidence in the community's economic growth. Mr. Paul Vogler, Jr, spoke relative to acquisition of Mr. Trimble's property for Bayfront Science Park expansion, stating he feels the City should do everything possible to see that property owners are reasonably compensated for land taken, that "one person's advantage should not be another's loss". He stated Mro Trimble has invested in the property before the auditorium or Bay- front Science Park was discussed, and further stated that the auditorium would be used by a select group of people. He pointed out that Mr. Trimble has a $35,000 potential income from this property and the Council should give serious consideration to giving him reasonable compensation. Mrs. Ruth Gill, in response to Mr. Vogler's statement that the auditorium would only be availabe to a select group, pointed out that the Art Museum is available to all alike, and that free concerts of the Corpus Christi Symphony Orchestra are sponsored. Motion by Branch, seconded by Lozano and passed, that the City Manager's Reports, Items "a" through "w" be accepted, and the requests and recommendations be granted and approved as presented. • • Minutes Regular Council Meeting November 14, 1973 Page 9 City Manager Townsend presented the pending item of zoning Application #973-10, City of Corpus Christi, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District on Lot 3, Block 2 of Carmel Village. He: explained that the Planning Commission recommended approval; the owner has voluntarily deed restricted the property to new one story buildings, and recommended that an ordinance be brought forward. Motion by Stark, seconded by Acuff and passed, that an ordinance be brought forward granting "R-2" zoning on Lot 3, Block 2 of Carmel Village. City Manager Townsend presented pending Application #573-2, James Ra Preis, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District on Lot 3, Block 4, Cabaniss Acres, located on the north side of Frederick Street west of Wood Street which was heard by the. Council October 31, 1973 and tabled until the land use map of the surrounding area could be updated and verified as to its accuracy, photographs could be taken of the structures on surrounding properties, and the location of two substandard units in the area could be determined. The Planning Commission recommended that the change be denied. The 20% rule is in effect. Motion by Acuff, seconded by Lozano and passed, that the foregoing application be removed from the table. Motion by Ricardo Gonzalez, seconded by Acuff and passed, Stark voting "Nay" that the recommendation of the Planning Commission be concurred in and Application #573-2, James R. Preis, be denied. City Manager Townsend presented pending Application #473-5, Texas Methodist Founda- tion, for change of zoning from "R -IB" One -family Dwelling District to "R-2" Two-family Dwell- ing District on approximately 48 acres east of Greenwood Drive north of Saratoga Boulevard. He stated the Planning Commission recommended approval; the Council, on September 28, 1973, approved "R-2" if a deed restriction limiting the development to 10 units was first voluntarily filed. He stated that such a deed restriction had been filed. Motion by Acuff, seconded by Ricardo Gonzalez and passed that Application #473-5, Texas Methodist Foundation, be removed from the table. Motion by Acuff, seconded by Stark and passed that the foregoing request of Texas Methodist Foundation, be denied, and the City Manager be instructed to bring forth an application • • Minutes Regular Council Meeting November 14, 1973 Page 10 to zone this property "1-2" Light Industrial District. City Manager Townsend presented pending Application #973-11, City of Corpus Christi, for change of zoning from "R-2" and a Special Council permit to "AB" Professional Office District along the south side of Avalon Street between Everhart and Robert Drive. He explained that the Council hearing was held October 17, 1973, the Planning Commission recommended denial because of the property owner opposition; the request was tabled on October 17, 1973 for a field check of the views of the owners involved; that three owners have personally advised the Planning & Urban Development Staff that they have removed their opposition, and the 20% rule is no longer in effect. He pointed out that if "AB" is approved, the special Council permit should be retained for the proposed parking lot. Motion by Branch, seconded by Acuff and passed, that Application 1973-11, City of Corpus Christi, be removed from the table. Motion by Acuff, seconded by Branch and passed, that Lots 2 through 4, Block 6, and Lots 1 through 5, Block 5, Alameda Park, be changed from "R-2" Two-family Dwelling District and a Special Permit, to "AB" Professional Office District, retaining the Special Use Permit for a parking lot on all of Lots 4 and 5, Block 5, as granted by Ordinance No. 11182. Mayor Luby announced the scheduled public hearings on two zoning applications. City Manager Townsend presented Application #C673-12, City of Corpus Christi, Texas, for change of zoning from "1-2" Light Industrial District to "R -1B" One -family Dwelling District, on all of Lots 4 thru 7, Block 5; all of Lots 4 thru 9, Block 9; all of Lots 4 thru 6, Block 14, Paul Court and all of Southerland Addition, located between Caldwell and north side of Comanche on the east side of Brownlee. The request was heard by the Planning Commission June 26, 1973, and forwarded to the Council with the recommendation that the request for "R -1B" on Tract 1 be withdrawn from furt her consideration; and in lieu of the request for "R -1B" on Tract 2, "A-2" Apartment House District be approved. The Staff concurred in this recommendation. Mr. Townsend explained that a portion of the original request had been withdrawn for various reasons including lack of communications with the residents in the area and a misunderstanding relative to the goals. He stated there had been three letters received in opposition. No one appeared in opposition to the foregoing recommendation of the Planning Commission. Motion by Stark, seconded by Branch and passed, that the hearing be closed. • • Minutes Regular Council Meeting November 14, 1973 Page 11 Motion by Branch, seconded by Ricardo Gonzalez and passed, that the recommendation of the Planning Commission be concurred in and Lots 4 thru 7, Block 5; all of Lots 4 thru 9; Block 9; all of Lots 4 thru 6, Block 14, Paul Court and all of Southerland Addition, be changed from "1-2" Light Industrial District to "A-2" Apartment House District, and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #973-4, Jack L. Andrus, Trustee, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on approximately ten acres of land out of Farm Lot 2, Section 4, Bohemian Colony Lands, located on the south side of South Padre Island Drive west of Ayers Street and Crosstown Expressway Interchange. The request was heard by the Planning Commission September 4, 1973, and forwarded to the Council with the recommendation that it be approved as submitted, and the Planning Staff recommended approval only if residential uses were restricted from the "B-4" District. Senior Planner Larry Wenger pointed out the location of the property on the zoning and land use map stating the applicant indicated he needed the zoning to tie in with the development of a very large tract to the south. He presented a small brochure to illustrate the proposed development. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Stark, seconded by Acuff and passed, that the hearing be closed. Motion by Stark, seconded by Acuff and passed, that the recommendation of the Planning Commission be concurred in and Application #973-4, Jack L. Andrus, Trustee, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on approxi- mately ten acres of land out of Farm Lot 2, Section 4, Bohemian Colony Lands, be approved as requested, and an ordinance be brought forward effectuating the change. Mayor Pro Tem Acuff inquired as to the status of the Planning Commission's recommenda- tion regarding "holding zones," pointing out that the matter of screening fences are presenting problems in consideration of "R-1" zoning changes. Mr. Wenger stated the Commission had discussed this matter but had not pursued it to the point of a recommendation, City Manager Townsend promised a report soon for the Council's consideration. City Manager Townsend reviewed the ordinances appearing on the agenda for Council action. The ordinance presented for first reading relative to the granting of a franchise to tes Regular Council Meeting November 14, 1973 — Page 12 • Impact Advertising Company to place trash receptacles on City right of way was dis- cussed. Mayor Pro Tem Acuff suggested that before final passage of this ordinance, the City should contact other cities who have contracted for this service for the benefit of their experience. Mr. Toufic Nicolas, attorney representing Impact Advertising Company, stated that the City of Fort Worth had approved their application and they had placed some 500 con- tainers in that City, and that the advertising included ads from the Chamber of Com- merce and Jaycees. Mr. Taylor Rudd, representative of Services Unlimited of Gail, Texas, appeared and applied for the franchise tentatively approved for Impact Advertising Company. He pointed out that his proposal is basically the same as that Company with the exception that he sells only four ads on each can as compared to six by Impact; that his company (by another name), had made a similar presentation for the franchise about one year ago and that it had not been approved. City Manager Townsend verified that the proposals are basically the same and that Mr. Rudd's application precedes the Impact application. He explained that the proposal was presented to the Council and probably discussed in workshop but it never came to a vote by the then City Council, and the Staff had recommended against it. He explained that there are three applications now before the Council one of which was presented by Mr. A. F. Robinson of Brownsville, Texas, and he felt sure if Mr. Robinson got word a franchise was being considered, he would be in immediate communication with the City staff. Mr. Townsend stated that Mr. Rudd's company, then under the name of Special Services from Missouri was the first application presented to the staff. Mr. Nicolas pointed out that Mr. Rudd had not pursued his original application and has come at this late moment in competition to the one being considered. He stated his client had been advised to go before the Planning Commission and the Arts Commission and he feels he has borne the brunt of the burden since April of this year. He stated if there is to be a comparison, he would like to have the opportunity to show Impact's record in other cities, and urged the Council to pass this ordinance on first reading and then take into account other considerations on which to base their determination. City Manager Townsend discussed Charter provisions for granting of franchises of this type and pointed out various alternatives, stating there was no prohibition against granting of several franchises, and that the franchise could be on a competitive basis. Commissioner Ricardo Gonzalez stated the Council should have beer] made aware that there were other applications before it was allowed to proceed thus far. Following;a brief recess for discussion of the various alternatives, the Council agreed that the ordinance be read on first reading at this time. • Minutes Regular Council Meeting November 14, 1973 Page 13 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 AN ITEM WHICH WILL HAVE THE EFFECT OF PROHIBITING PARKING AT AIL TIMES ON GREENWOOD DRIVE, BOTH SIDES, FROM A POINT 250 FEET NORTH OF THE CENTER LINE OF HORNE ROAD TO THE NORTH RIGHT-OF-WAY LINE OF PADRE ISLAND DRIVE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Gabe Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE AMENDING SECTION 21-68 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SPEED LIMITS ON GREENWOOD DRIVE, AS HEREINAFTER PROVIDED; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Gabe Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO AMEND CHAPTER 9 THEREOF TO ADD A NEW ARTICLE VIII, BOAT REPAIR - LAND AREAS; PROVIDING REGULATIONS FOR BOAT REPAIRS AND RELATED ACTIVITIES AND LIMITING BOAT REPAIRS AT THE CITY MARINA; PROHIBITING BOATS AND THEIR RELATED EQUIPMENT FROM BEING LEFT UPON THE LAND AREAS WITHOUT SPECIAL PERMIT; PROVIDING A FEE; PROVIDING FOR ISSUANCE AND REVOCATION OF A SPECIAL PERMIT; PROVIDING A PENALTY RESTRICTING WELDING AND CUTTING BY ELECTRICAL OR ACETYLENE METHODS; PROHIBITING THE FUELING OF BOATS IN CERTAIN AREAS; AND PROVIDING PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Gabe Lozano and Stark, present and voting "Aye". SECOND READING OF AN ORDINANCE ESTABLISHING NEW RATES FOR BUS CHARTER. SERVICE IN ACCORDANCE WITH THE TARIFF ESTABLISHED BY THE RAILROAD COMMISSION, FOR REGULAR AND RESTROOM EQUIPPED CHARTERS; AMENDING SECTION 2, ITEM (c) or ORDINANCE NO, 10853 TO CONFORM TO SAID TEXAS RAILROAD COMMISSION TARIFF; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Gabe Lozano and Stark, present and voting"Aye". SECOND READING OF AN ORDINANCE AMENDING ORDINANCE N0. 10162, GRANTING A FIVE-YEAR FRANCHISE FOR LIMOUSINE SERVICE TO AND FROM THE CORPUS CHRISTI INTERNATDNAL AIRrORT, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE N0. 10883, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 31, 1972, BY AMENDING THE FARE IN ZONE 1 FROM $2.00 TO $2.50, AND THE FARE IN ZONE 5 FROM $5.00 TO $6.00 WITH A MAXIMUM OF $15.00 PER TRIP TO OR FROM THE NAVAL AIR STATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLI- CATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Gabe Lozano and Stark, present and voting "Aye". Minutes Regular Council Meeting November 14, 1973 Page 14 ORDINANCE NO. 11777 THIRD READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREE- MENT WITH LONZO B. TOMERLIN COVERING 3,937 ACRES BETWEEN HEARN ROAD AND MAGEE LANE, BEING OUT OF E GREGORIO FARIAS GRANT, ABSTRACT NO. 592, MORE PARTICULARLY DESCRIBED HEREINAFTER, S. ID LAND TO BE FOR GRAZING PURPOSES, COVERING A FIVE-YEAR TERM, BEGINNING OCTOB R 15, 1973 AND ENDING OCTOBER 14, 1978, ALL AS MORE FULLY SET FORTH IN THE LEASE A:REEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT The fo the following Lozano and Ste AUTHORIZING T AND CONSTRUCTI CENTER AND WIL AVAILABLE UNDE A PART HEREOF, The Ch following vote and Stark, pre AMENDING ORDI DAY OF DECEMBE AND ADJUST THE STREETS: 1. Ay Al St 2. Ea Po we AS HEREINAFTER The C the following Lozano and Sta AUTHORIZING T CORPUS CHRISTI IN CONNECTION STATION 848 + MATLOCK STREET INC AN EMERGEN The C the following Lozano and Sta "A"e egoing ordinance was read for the third time and passed finally by ote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Gabe k, present and voting "Aye". ORDINANCE NO, 11778 CITY MANAGER TO SUBMIT AN APPLICATION UNDER THE 1974 LIBRARY SERVICES N ACT GRANT WHEREBY THE CITY WILL CONTINUE TO SERVE AS A MAJOR RESOURCE USE BUDGETED CITY EXPENDITURES TO MATCH FEDERAL FUNDS WHICH MAY BE THE GRANT, A COPY OF SAID APPLICATION BEING ATTACHED HERETO AND MADE MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. rter Rule was suspended and the foregoing ordinance was passed by the Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Gabe Lozano ent and voting "Aye". ORDINANCE NO, 11779 NCE NO, 11210, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 20TH , 1972, BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO CORRECT ASSESSMENTS LEVIED AGAINST ABUTTING PROPERTY OWNERS ON THE FOLLOWING rs Street from 10S 1.f south of the south right of way line of xander Street northward to the south right of way line of Norton eet; and t side of South Port Avenue from the north right of way line of t Ayers Subdivision Center Annex B to its intersection with the t side of Ayers Street, PROVIDED; AND DECLARING AN EMERGENCY. rter Rule was suspended and the foregoing ordinance was passed by ate: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Gabe k, present and voting "Aye", ORDINANCE NO. 11780 CITY MANAGER TO EXECUTE CONSENT AGREEMENTS BETWEEN THE CITY OF ND THE TEXAS -MEXICAN RAILWAY COMPANY AND THE UNITED STATES OF AMERICA LTH THE INSTALLATION OF A REINFORCED CONCRETE PIPE STORM SEWER NEAR 5, SAID CULVERT PIPE BEING NECESSARY FOR DRAINAGE OF THE AREA NEAR ND FLOUR BLUFF DRIVE, BEING PROJECT NO. 295=70-67.1; AND DECLAR= Y. rter Rule was suspended and the foregoing ordinance was passed by ote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Gabe k, present and voting "Aye". Minutes Regular Counc 1 Meeting November 14, 973 Page 15 ORDINANCE NO. 11781 AUTHORIZING T CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 298, +99, 300, 301, 311, 312, 313 AND 314 FOR THE CORPUS CHRISTI BEACH PARK SITES PROJECT APPROPRIATING OUT OF THE 291 PARK BOND FUND $82,151, OF WHICH AMOUNT $79,65 FOR THE LAND PURCHASES AT THE APPROVED VALUES AND $2,500 IS FOR INCIDENTAL C''TS RELATED TO CLOSING OF THE PURCHASE OF THE AFORESAID PARCELS, ALL APPLICABLE TO PROJECT NO. 291-72-12; AND DECLARING AN EMERGENCY, The C arter-Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Gabe Lozano and -Stark, present and voting "Aye". ORDINANCE NO. 11782 AUTHORIZING a INENT DOMAIN PROCEEDINGS TO CONDEMN FEE TITLE TO A CERTAIN TRACT OF LAND LOCATED N NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE , 'RS AND CITING ANY OTHER PARTIES WHO MAY HAVE INTEREST OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCEL NO, 1 FOR BAYFRONT SCIENCE PARK REA EXPANSION, APPLICABLE TO THE NO. 123 GENERAL REVENUE SHARING FUND, ACTIVITY 4181, CODE 501; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS Ae•INST THE OWNER, JOHN H. RAY, TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; A DECLARING AN EMERGENCY, The C rter Rule was suspended and the foregoing ordinance was passed by the following ote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Gabe Lozano and St=rk, present and voting "Aye", ORDINANCE NO. 11783 AUTHORIZING NENT DOMAIN PROCEEDINGS TO CONDEMN FEE TITLE TO A CERTAIN TRACT OF LAND LOCATED NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE r NERS AND CITING ANY OTHER PARTIES WHO MAY HAVE INTEREST OF RECORD, SAID CONDEMNAT ON BEING NECESSARY FOR THE ACQUISITION OF PARCELS NO. 2, 3 AND 4, FOR BAYFRONT S IENCE PARK AREA EXPANSION, APPLICABLE TO THE NO. 123 GENERAL REVENUE SHARING FUND, CTIVITY 4181, CODE 501; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION P'OCEEDINGS AGAINST THE OWNERS, SHORELINE BREWSTER COMPANY,TO CARRY OUT THE INTENT ONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Ch=rter Rule was suspended and the foregoingordinancewas passed by the following ote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Gabe Lozano and Sta k, present and voting "Aye". ORDINANCE NO. 11784 AMENDING THE 1:73-74 BUDGET FOR THE FIRE PREVENTION ACTIVITY, ACTIVITY NO. 3348 BY RECLASSIFYI G THE FIVE (5) INSPECTOR POSITIONS SHOWN AT THE SAME SALARY LEVEL AS THE FIRE LI UTENANT, TO FIVE (5) FIRE INSPECTORS I POSITIONS AT THE SAME SALARY GRADE A. A FIRE FIGHTER II AND ADDING ONE POSITION OF FIRE INSPECTOR II AT THE SAME SA RY GRADE AS A FIRE LIEUTENANT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following ote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Gabe Lozano and Sta k, present and voting "Aye". • Minutes Regular Council -eting November 14, 1 3 Page 16 ORDINANCE NO. 11785 • AUTHORIZING D DIRECTING THE CITY MANAGER TO EMPLOY PEAT, MARWICK, MITCHELL AND IOMPANY AS CONSULTANTS FOR THE POLICE ORGANIZATIONAL AND MANAGEMENT S UDY UNDER A LAW ENFORCEMENT ASSISTANCE AGENCY AND CRIMINAL JUSTICE COUNC,L GRANT APPROVED ON JUNE 27, 1973, SAID EMPLOYMENT TO BE IN ACCORDANCE ITH THE PROPOSAL OF SAID CONSULTANTS, A COPY OF WHICH IS ATTACHED HERETO AND M 'E A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Cho r er Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuf', Toni Gonzales, Ricardo Gonzalez, Branch, Lozano and Stark, present and voting "Aye". ORDINANCE NO, 11786 AUTHORIZING E INENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN PARCELS OR TRACTS OF LAND LOCATED IN NUECES COUNTY, TEXAS• DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CITING LIE HOLDERS OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITIO' OF PARCELS NO. 5 AND 6, BAYFRONT SCIENCE PARK AREA EXPANSION APPLICABLE TO T .E NO. 123 GENERAL REVENUE SHARING FUND, ACTIVITY 4181, CODE 501; DIRECTING HE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE RE ORD OWNERS, J. B. TRIMBLE AND FIRST SAVINGS ASSOCIATION OF CORPUS CHRISTI TO CARRY OUT THE INTENTIONS OF THE ORDINANCE; AND DECLARING AN EMERGENCY The Char er Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuf', Tom Gonzales, Ricardo Gonzalez, Branch, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11787 AMENDING ORD NANCE NO. 8127, AS AMENDED, BY AMENDING SECTION 2, SUB- SECTION (b), PA'AGRAPH 5, BY DELETING THE PRESENT PARAGRAPH 5 AND- IN LIEU THERE- OF ADOPTING NEW PROVISIONS SO AS TO PROVIDE THAT THE STATE -REQUIRED LONGEVITY PAY FOR FIREME AND POLICEMEN APPLY TO TOTAL YEARS WORKED AS EITHER A FIREMAN OR A POLICEMA ; PROVIDING A SEVERANCE CLAUSE; AND DECLARING AN EMERGENCY. The Char er Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuf', Tom Gonzales, Ricardo Gonzalez, Branch, Lozano and Stark, present and voting "Aye" ORDINANCE NO, 11788 FOR THE REGULA ING OF PARKING IN ALL ZONES OF THE CITY HERETOFORE ESTABLISHED BY CORPUS CHRI'TI CITY CODE, 1958, AS AMENDED BY ORDINANCE NO. 7693, AND ORDINANCES SU SEQUENT THERETO, FOR A PERIOD OF TIME FROM NOVEMBER 22, 1973, TO DECEMBER 28 1973, INCLUSIVE; AUTHORIZING A PERMIT TO BE ISSUED BY THE DIRECTOR OF TRAFFIC ENG NEERING TO CENTRAL BUSINESS ASSOCIATION FOR PLACING DECORATIONS IN THE DOWNT•N BUSINESS AREA; RESERVING IN SAID PERMIT AUTHORITY AT ANY TIME TO PREVENT ENERGI' ING DECORATIVE LIGHTING BY MEANS OF ELECTRICTY OR PETROLEUM PRODUCTS IN TH EVENT SUCH ACTION IN REQUIRED TO PRESERVE ENERGY; EXPRESSING THE CITY'S APPRE IATION TO THE CENTRAL BUSINESS ASSOCIATION'S INSTALLATION OF • Minutes Regular Council .eting November 14, 19 3 Page 17 THE CHRISTMAS uECORATIONS; AND DECLARING AN EMERGENCY. The Ch. er Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuf , Tom Gonzales, Ricardo Gonzalez, Branch, Lozano and Stark, present and voting "Aye" ORDINANCE NO. 11789 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 THE CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 2 THRU 4, BLOCK 6, AND LOTS 1 THRU 5, BLOCK 5, ALAMEDA PARK, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-2" TWO-FAMILY DWELLING DISTRICT AND A SPECIAL PERMIT TO "AB" PROFESSIONAL OFFICE DISTRICT, RETAINING THE SPECIAL USE PERMIT FOR A PARKING LOT ON ALL OF LOTS 4 AND 5, BLOCK 5, AS GRANTED BY ORDINANCE NO. 11182, PASSED AND APPROVED ON THE 22ND DAY OF DECEMBER, 1972; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Branch, Lozano and Stark, present and voting "Aye" ORDINANCE NO. 11790 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 THE CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHAING THE ZONING ON LOT 3, BLOCK 2, CARMEL VILLAGE, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R- 1B" TO "R-2" TWO-FAMILY DWELLING 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, Tom Gonzales, Ricardo Gonzalez, Branch, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11791 AMENDING ORDINANCE NO. 3658, AS AMENDED, BY CHANGING CERTAIN POSITION TITLES AND CREATING CERTAIN POSITIONS BY AMENDING SECTION 4 THEREOF; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Branch, Lozano and Stark, present and voting "Aye". • Minutes Regular Council Meeting November 14, 1973 Page 18 ORDINANCE NO. 11792 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 CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 4 THRU 7, BLOCK 5, ALL OF LOTS 4 THRU 9; BLOCK 9; ALL OF LOTS 4 THRU 6, BLOCK 14, PAUL COURT AND ALL OF SUTHERLAND ADDITION SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "1-2" LIGHT INDUSTRIAL DISTRICT TO "A-2" APARTMENT HOUSE 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, Tom Gonzales, Ricardo Gonzalez, Branch, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11793 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 JACK L. ANDRUS, TRUSTEE BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TEN ACRES OUT OF FARM LOT 2, SECTION 4, BOHEMIAN COLONY LANDS MORE FULLY DESCRIBED HEREINAFTER, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDI- NANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLAR- ING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance waspassed by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Branch, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE GRANTING IMPACT ADVERTISING COMPANY, SHREVE- PORT, LOUISIANA, A FRANCHISE FOR A PERIOD OF TWO (2) YEARS, TO CONSTRUCT, ERECT, PLACE AND MAINTAIN TRASH CANS ON SIDEWALKS IN CITY RIGHT OF WAY AS APPROVED BY THE CITY MANAGER; AUTHORIZING ADVERTISING THEREON; REQUIRING SAFE CON- STRUCTION AND PLACEMENT THEREOF; RESTRICTING CERTAIN -ADVERTISING; REQUIRING MAINTENANCE OF SAID RECEPTACLES; PROVIDING THE CITY WILL COLLECT TRASH THERE- FROM; PROVIDING SAID RECEPTACLES BECOME CITY PROPERTY AT END OF FRANCHISE; PROVIDING FOR PUBLIC LIABILITY INSURANCE TO PROTECT THE CITY, GRANTEE AND THE PUBLIC; PROVIDING FOR PUBLICATION; AND PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the first time and passed to its second reading by vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Branch, Lozano and Stark, present and voting "Aye". City Manager Townsend presented for discussion the ordinance regarding the application of Southwestern Bell Telephone Company for an increase in rates, read the first of three readings • • Minutes Regular Council Meeting November 14, 1973 Page 19 November 7, 1973, and presented the following proposed amendment before its second reading: "That the ordinance concerning increase in rates as requested by South- western Bell Telephone Company be amended after the first reading and prior to the second reading by adding as a footnote the following on Sheet 1 of the Schedule of Miscellaneous Rates and Charges attached to said ordinance: "Except that the charge for basic service in the Calallen, Clarkwood, and Flour Bluff exchanges or prefixes shall be reduced $.15 per month until a such time as they have available the same calling scope as other customers in the Corpus Christi Metropolitan Exchange." Motion by Stark, seconded by Ricardo Gonzalez and passed, Mayor Luby voting "Nay", that the foregoing amendment be adopted. Mayor Luby read a memorandum from Maurice L. Colvin, Administrator of Human Relations, stating the following resolution was adopted by the Human Relations Commission during their regular meeting of November 8, 1973. "Since we have heard several complaints concerning that certain areas of the City have to pay long distance to call Portland, we, the Human Relations Commission, recommend that the City Council look into this discriminatory matter because the services are unequal in different parts of town." Mayor Luby stated the Council should check into this discriminatory matter, and comment- ed it is still his opinion that the Telephone Company could and should absorb the cost of providing this service to the newly annexed areas, or the City should request a statement from the Company for some assurance of the service. He further commented he would favor tabling the telephone rate ordinance until the Central Power & Light rate issue is settled. City Manager Townsend pointed out that, assuming the addition of this service is agree- able to the Company, it would require at least two years to put it into operation. Mrs. Virginia Hartsell, speaking as a lay person, stated she was opposed to the City's granting the rate increase to Southwestern Bell as provided in the ordinance before the Council without more study, pointing out that the Company's presentation to the Council had been made by experts in this field, and the "other side" of the issue had not been presented to the Council at the hearing. Mrs. Hartsell read from a lengthy accumulation of data she had acquired from various • Minutes Regular Council Meeting November 14, 1973 Page 20 sources, pointing out that the Company, among numerous other things, had included in their calculations of expenses and fair rate of return, charges for special services, such as hidden taxes, and charges for complimentary memberships. Mr. Bill Moore, Youth Representative of the Human Relations Commission, urged the Council not to approve the proposed rate increase until all services in the City are equal. He pointed out that the Company does not take into account the revenue they are receiving from pay telephones, when customers of outlying areas are forced to drive some distance from their homes to make calls to Portland or Robstown rather than make long distance calls. He stated the 15c reduc- tion proposed does not compensate for the inconvenience and cost to these customers. Commissioner Stark pointed out that he feels Southwestern Bell Telephone Company will do everything they can to provide this service at the earliest possible date, and if the Council delays action indefinitely, they have every right to go to court. Mr. Frank Hankins, 721 Crestview, questioned the legality of Southwestern Bell's negotiations with the staff and Council and refusal to hear citizens on the basis that the hearing had been closed pointing out that it appeared the Company has a distinct advantage. It was explained to Mr. Hankins that a special Council meeting was called for the purpose of holding a public hearing on the rate issue, a court reporter was employed for a complete transcript of that hearing, notice was duly published in the local newspaper, and the issue before the Council at this time is whether or not the ordinance should be passed or rejected on second reading as amended, and persons in the audience are invited to speak on either of these two alternatives. Mr. Hankins requested that the second reading of the ordinance be postponed for further study. Mr. Ron Maples, District Manager of Southwestern Bell Telephone Company, explained that the Company had immediately begun to pursue the problem with respect to toll-free calls from the Calallen, Flour Bluff and Clarkwood zones, however he pointed out that he had given a full account of the Company's position regarding this problem during the hearing. He explained that Robstown and Portland use General Telephone Company service and Southwestern cannot just make a change in its equipment because changes also must be made in these other cities, and because of this other party involvement, they must obtain their cooperation. He pointed out that the Company had spent three months and worked diligently with the staff, have gone through the accounting and financing procedures with Southwestern Bell Company both locally and to some extent Minutes Regular Council Meeting November 14,1973 Page 21 with ITT, but pointed out that the Bell Company has no relationship whatsoever with ITT. He stated he feels they have furnished the staff with all the information requested and it was his understanding that the Council wanted the information for the staff. He stated this information had been very thorough, their accounting is open to all levels of review, and he will spend all the time necessary reviewing this data with the staff and Council. Mr. Maples urged the Council to approve the ordinance on second reading so the rates can be effective as soon as possible and he would report back to the Council next Wednesday on whether or not his company can accept the proposed amendment. City Manager Townsend pointed out that if the Company rejects any part of the rate ordinance, the City would have to re -open the rate hearing. Mayor Luby called for a motion that the matter be tabled for further study. There was no response from the Council and he called for a vote on the ordinance as amended. SECOND READING OF AN ORDINANCE MAKING FINDINGS OF FACT WITH RESPECT TO THE APPLICA- TION OF SOUTHWESTERN BELL TELEPHONE COMPANY FOR AN INCREASE IN ITS RATES FOR EXCHANGE SERVICE IN THE CITY OF CORPUS CHRISTI, TEXAS; AUTHORIZING A SCHEDULE OF RATES APPLI- CABLE WITHIN THE CITY OF CORPUS CHRISTI FOR EXCHANGE SERVICES; FIXING A DATE FOR APPLICATION OF SUCH RATES; REQUIRING FILING OF ANNUAL FINANCIAL STATEMENT BY SAID TELEPHONE COMPANY; ESTABLISHING A SCHEDULE OF MISCELLANEOUS RATES AND CHARGES FOR THE SOUTHWESTERN BELL TELEPHONE COMPANY. The foregoing ordinance was read for the second time and passed to its third reading as amended, by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby voting "Nay". Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. No one appeared. City Manager Townsend distributed a memorandum to the Council explaining the future of the Neighborhood Improvement Program, stating this would be on next week's agenda for discussion. There being no further business to come before the Council, motion by Acuff, seconded by Tom Gonzales and passed, that the meeting be adjourned at 5:25 p.m., November 14, 1973.