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HomeMy WebLinkAboutMinutes City Council - 12/19/1973PRESENT: 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 December 19, 1973 2:00 P. M. City Manager Marvin Townsend City Attorney James R. Riggs Assistant City Attorney Hal George City Secretary T. Ray Kring /mit. Mayor Jason Luby called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Reverend Bob Meadows of the Gardendale Baptist Church. City Secretary T. Ray Kring called the roll of those in attendance. Mayor Luby recognized the Student Council of Hamlin Junior High School, and presented Certificates of Attendance to the following: Jamie Luby, Sherrill Luther, Mike Degroot, Kathy Pratt, Becky Kramer and Cathy Williams. Mayor Luby presented 30 -year service pins to the following City Employees: Roberta (Bobbie) Gravett, Sr. Clerk in the Public Utilities Department; Enrique L. Martinez, Sanitary Foreman in the Sanitation Division; C. B. Mauricio, Lieutenant in the Police Department; and Francisco G. Rivera, Equipment Operator in the Street Division. City Manager Townsend presented the request of Mr. W. G. Hedrick to close a portion of a dedicated but unnamed road extending from Wooldridge Road southwest a distance of approximately 1,327 feet, being 4G feet wide. He stated that in Mr. Hedrick`s request he had stated the street had never been developed, there is no need for such a street at this time, and should be abandoned until such time as the property in this area is developed and a need for such a street is established. Mr. Townsend stated the request had been circulated through the affected City Depart- ments and it is recommended that the request be denied for the reasons that to close the road, the Master Transportation Plan and Sanitary Sewer Plan would have to be amended because it is proposed to use the right-of-way to realign Airline Road and for a 60" sanitary sewer lire. Mr. Toufic Nicolas, attorney representing Mr. Hedrick, stated the area involved was purchased for $250,000 and the question had arisen as to whether or not that portion of the land should be included as part of the purchase. rhe s Regular Council Meeting December 19, 1973 Page 2 No one appeared in opposition to the foregoing request. Motion by Branch, seconded by Acuff and passed, that the hearing be closed. Motion by Acuff, seconded by Branch and passed, that the recommendation of the Staff be concurred in and the request to close that portion of the dedicated but unnamed and unimproved public road extending from Wooldridge Road southwest a distance of approximately 1,327 feet, said portion being 40 feet wide, be denied. Mayor Luby announced the public hearing on a proposal to close the public alley located through Block 2 of the Santa Elena Addition between Hidalgo and Iturbide Streets, City Manager Townsend pointed out the location of the alley in question stating it is in the Austin School area where a street construction program is pre- sently underway and if the alley is not closed, concrete approaches to it will have to be built. He explained that the request was initiated by the City and that abutting property owners had concurred because there is concern as to whether or not the alley should remain legally open, that the alley is not open on the ground, there are no improvements and it is not in use. He stated the request had been circulated through the City Departments and there are no objections except that the full width of the alley needs to be retained as a utility easement. No one appeared in opposition to the closing of the abovedescribed alley. Motion by Lozano, seconded by Acuff and passed, that the hearing be closed. Motion by Lozano, seconded by Ricardo Gonzalez and passed, that the recom- mendation of the Staff be concurred in and the public alley through Block 2 of the Santa Elena Addition between Hidalgo and Iturbide Streets, be closed retaining the full width of the alley as a utility easement, and that an ordinance be brought for- ward effectuating the closing. Mayor Luby called for the City Manager's Reports and City Manager Townsend made recommendations with related comments and explanations as follows: a. That bids be received at 11:00 a.m., Tuesday, January 8, 1974 on the following: (1) 200 e 5" valve box extensions and 225 valve box lids for Warehouse Inventory for the Water and Gas Divisions. This is approximately a seven months supply. (2) 2 front mount fire pumps for the Fire Department. es Re lar Council Meeting December 19, 1973 Page 3 • b. That a contract be awarded to Fire Fox Corporation, Houston, for 920 gallons of aqueous film forming foam for the low bid of $6,881.60. Bids were received from three firms. Price comparison shows a decrease of approximately 147 because of purchasing a larger volume. (Bid Tabulation i'87-73) c. That a contract be awarded to the low bidder, Burroughs Corporation, Corpus Christi, a Mini -Computer System for $31,200.53. The computer will replace two semi-automatic bookkeeping machines, enable vender invoice review on a 25 -day basis, decrease maintenance costs, and eliminate the need to hire additional clerical personnel. (Bid Tabulation #88-73) d. That a contract be awarded to Targa, Inc., Austin, for a Gas Chromato- graph for $12,670.00. Tracor, Inc., submitted a bid in the same amount as Targa, Inc., however, they did not furnish a warranty as the specifications required. Bids were received from three firms. The chromatograph will be used to analyze organic substances such as food, water and air. (Bid Tabulation 489-73) e. That contracts be awarded to the following firms for the purchase of trees: (Bid Tabulation #90=73) Hendrix Nursery, Corpus Christi 298 - 3" Cottonwood Trees $ 7,977.46 308 - 2" Chinese Tallow Trees 8,245.16 Total $16,222.62 Currie's Seed Company, Corpus Christi 61 - 2" Live Oak Trees $ 1,927.60 95 - 3" Wild Olive Trees 3,016.25 Total $ 4,943.85 Bob's Nursery, Corpus Christi $ 330.00 10 - 8' - 10' Palms Total $21,496.47 Ib.e trees will be planted at various City parks and at the Oso Golf Course. 65 trees have been deleted because Country Club Park will not be ready for tree planting this season. On items where comparison was possible, prices reflect a 12.57. increase. Bids were received from five firms. (Bid Tabulation #90-73) f. That $3,950.00 be appropriated and contracts be approved for the acqui- sition of Parcels 2, 3 and 4, from Mr. and Mrs. Bruce V. Sharples and Parcel No. 5 from Mr, and Mrs. E. K. Valenta for 18th Street improvements. The property is on the southwest side of 18th street immediately north of Ayers Street. g. That a utility easement along Lots 2 and 3, and portions of Lots 4 and 16, Block E, Flour Bluff Estates be abandoned. No utilities exist in the easement which extends from Padre Island Drive to Fawn Street. •tes lar Council Meeting December 19, 1973 Page 4 • h. That the utility easement in Lot 19, Block 4, Abbott Addition be abandoned. The easement extends from Gibson Lane to unplatted property and is at the eastern edge of the subdivision. No utilities are in or planned for the easement. i. That Parcel No. 1 of the Jackson Terrace Sanitary Sewer Project be acquired by condemnation. The parcel is owned by Mr. and Mrs. J. P. Lewis. Negotiations for the acquisition of the 10' utility easement have failed because of divided family interests. j. That condemnation proceedings be filed on Parcel 15 of the Horne Road, Naples to Columbia Street Project. This parcel is owned by Mr. and Mrs. A. C. Gonzalez, purchasers on a contract for deed from Mr. andLMrs. Thomas R. and William P. Riddick. Mr, and Mrs. Gonzalez have signed the sales contract based on approved value; however, negotiations with the Riddicks have reached a stalemate. This recommendation orginally appeared on the Workshop agenda for November 14, 1973 but was withdrawn because of concern as to whether Mr. and Mrs. Gonzalez would receive an. equitable share of any condemnation settlement. To protect the Gonzalez', both parties will be cited in the condemnation suit and the check representing the settlement will be made payable to both parties. (Previously discussed at the November 14, 1973 Workshop) k. That a 2 -year leave of absence without pay be granted to Patrolman R. D. Calvert to attend Sam Houston State University as a full time student in Law Enforcement and Police Science beginning January 1, 1974. Patrolman Calvert has completed Del Mar's two-year course in Police Science and is now assigned to the Traffic Section. The Compensation Plan authorizes such educational leaves with City Council approval. (Section 10e-3) 1. That the Traffic Safety Coordinator replace the Director of Traffic Engineering as Secretary to the Traffic Safety Advisory Board. The Traffic Safety Coordinator position was created to develop community impact programs and to provide coordination between public officials and citizen support groups. The Director of Traffic Engineering will continue to bring all traffic matters before the Board, attend all Board meetings and be actively involved in all traffic safety programs. m. That the City Manager be authorized to execute an amended contract with the Community Development Corporation to provide for the following contract: 111111es Regular Council Meeting December 19, 1973 Page 5 m. Cont'd: (1) The CDC will administer a loan pool in conjunction with the revised Neighborhood Improvement Program. A CDC loan committee will review and screen all loan applications and administer a special account providing protection for the participating lending agencies against default. (2) The total in the previous contract of $25,000 is not to be increased but the City will reimburse 1007 rather than 80% of monthly expenditures and will provide office space and telephones. (3) This agreement will be effective January 1, 1974 and terminate upon notice by the City or July 31, 1974, whichever occurs sooner. n. That the City pay $5,000 to Mr. Hobby McCall, attorney, for services rendered in developing a prototype program for financing and implementing non=profit industrial park development at Corpus Christi International Airport to obtain new City -owned facilities. o. That the appointment by the City Manager of Mr. Nicolas V. Fernandez to the position of Building Official be confirmed. p. That a Change Order be authorized to the Austin School Voluntary Paving Project for $3,807.30 for the construction of an 8" sanitary sewer line along either side of Pueblo Street from Baldwin to Hidalgo. The 8" lines replace the existing sanitary sewer in Pueblo Street which is too shallow to allow taps from abutting properties. No additional appropriation is needed since the contingency appropria- tion is sufficient. q. That a public hearing be held on January 2, 1974 on a proposal that a lot along State Highway 77 in Calallen owned by the Catholic Church, on which a new Pax Christi Girls Home will be constructed adjacent to the existing City limits, be contractually annexed. A public hearing was previously held on this proposal on November 21., 1973, and the annexation was approved. State Law requires that the c,rdinances confirming annexation be passed not less than ten days and not more than 20 days after the public hearing. Because there was no Council meeting on December 5, and subsequent publication problems, the ordinances annexing the property cannot be passed within the above time limits. Therefore, it is recommended that the annexation process be started all over. r. That Subsection 19.4 of the Bay Drilling Ordinance be amended to permit the Petroleum Superintendent in certain cases to waive the requirement of a storm choke in flowing wells when the flow from these wells is actually impeded by the 11111(es III/1 Regular Council Meeting December 19, 1973 Page 6 storm choke and when the Railroad Commission has also concurred in the removal of the storm choke. The Bay Drilling Committee unanimously concurs in this amendment. Motion by Acuff, seconded by Branch and passed, Luby voting "Nay" on Items "o" and "r", that the City Manager's Reports be accepted, and the requests and recommendations be granted and approved as presented. City Manager Townsend presented and reviewed the ordinances appearing on the agenda. Mr. Toufic Nicolas, attorney representing the Impact Advertising Company, spoke in support of the ordinance granting a 2 -year franchise to place 100 trash receptacles on sidewalks in City rights of way, and urged passage of the ordinance. Mrs. B. C. Saliger, 909 Carmel Parkway, President of Beautify Corpus Christi Association, .spoke in favor of the receptacles proposed by Impact Advertising Company providing there is some kind of clean-up slogan painted on them. She stated her experience in connection with the "Pitch -in Program" sponsored by the Jaycees a few years ago showed that more people used them because of the slogan "Pitch -in" painted on the can. Mr. Paul Vogler, , spoke relative to the proposed ordinance authorizing an amended contract with the Community Development Corporation for planning and constructing low income and lower middle income housing, and administering a loan pool with its related activities. He alleged discrimination in connection with the awarding of contracts for federally funded projects, stating that any agency allowed to disperse federal funds should be screened to assure that there is no discrimination and federal law is adhered to. He stated he was opposed to the requirement whereby a person must pay $150 in cash before being considered for apprenticeship training in a federal program stating this is a disgrace, that he had filed a protest in Washington, and bigotry and discrimination should be stopped. He stated low income people would be affected and he felt this Christmas time was appropriate to bring this to the attention of the Council, and urged that the ordinance be deferred for more study. City Manager Townsend explained that in home repair the only craft involved here are electricians and they are under a separate City Board, that if there is discrimination it would be leveled at the licensing process which could be to this Council or the Electrical Advisory Board. He stated he is in •utes Regular Council Meeting December 19, 1973 Page 7 agreement with Mr. Vogler's statements that there should be no discrimination, and that this would be checked out for assurance that contracts are not made with persons practicing discrimination. It was pointed out that the $150 fee for apprenticeship training was not a recent requirement, that there will be careful selection of workers who will be performing these jobs, and that CDC will not have any hand whatsoever in the determination of the contractors, but the contracts will be let directly under the supervision of City personnel. He stated that, in essence, City personnel will act as general contractors. Mr. Jim Atwill, attorney representing Dr. 0. B. Vaughan and Dr. John B. Peterson, appeared relative to the proposed ordinance granting a special permit to Padre Federal Savings and Loan Association for establishment of a freestanding sign on Lot 14R, Block 22, Windsor Park Unit 4, on which the Council held a public hearing December 12, 1973. He stated he wished to re- state his objections, on behalf of his clients, that the change is not in compliance with the Eisner Report, is an inappropriate request, zoning should not be granted to permit larger signs, is not compatible with the surrounding area uses, and they stand in total opposition to the ordinance. *Commissioner Stark reported at the meeting. Mr. Pedro P. Garcia, owner of the property, stated the Loan Association needs the sign, it will be no higher than the building, will blend in with other signs in the neighborhood, and the evidence presented warrants the granting of the sign. He stated the building was leased on the assumption that they would be allowed to have some kind of outside advertising. City Attorney Riggs, in answer to questions from the Council, stated he had not filed written objections to the proposed ordinance for the reason that it was his opinion that it was not a clear case of spot zoning. Mr. Guy Winstead, 917 Airline, spoke in favor of the granting of the requested "B-4" zoning, stating the smaller signs are very difficult to see especially at night, so much so that a traffic hazard is created. He stated he is opposed to a special permit but favors the change of zoning to permit the sign, Mr. Rudy Garza, Vice Chairman of the Board of Directors of Padre Federal Savings & Loan Association, stated he is directly interested in this • tes gular Council Meeting December 19, 1973 Page 8 application, that it is essential that this business have a sign because their frontage road is toward the back of the lot, and agreed with Mr. Winstead that this could create a traffic hazard. He stated in his opinion, there is no valid reason for Mayor Luby or Commissioner Lozano to be disqualified to vote on this ordinance. City Manager Townsend summarized a written opinion of City Attorney Riggs regarding qualifications of Councilmen for voting on ordinances. It was the opinion of the City Attorney that neither Mayor Luby, who is a depositor in the Association, nor Commissioner Lozano, whose son is a Director of the Associ- ation, are disqualified from voting. Mr, Charles Nichols, Director of the Padre Savings & Loan Association, stated he favored free enterprise and that restrictions and government controls such as the opponents are attempting to apply in this case is one of the things that is driving many residents away from Corpus Christi to other cities, and that he felt business should be encouraged and not hindered. FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NO, 8294, KNOWN AS THE BAY DRILLING ORDINANCE, AS AMENDED, BY DELETING THE PRESENT SUBSECTION 19.4 AND IN LIEU THEREOF SUBSTITUTING A NEW SUBSECTION 19.4 SO AS TO, IN CERTAIN CASES, WAIVE THE STORM CHOKE REQUIREMENT IN FLOWING WELLS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano, and Stark, present and voting "Aye"; and Luby voting "Nay". SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH THE TULOSO-MIDWAY INDEPENDENT SCHOOL DISTRICT, LEASING TO THE SAID TULOSO-MIDWAY INDEPENDENT SCHOOL DISTRICT A TRACT OF APPROXIMATELY 9.55 ACRES OF LAND IN WEST GUTH PARK FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A SCHOOL RECREATIONAL AND PARKING AREA, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, 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, Lozano, and Stark, present and voting "Aye". SECOND READING OF AN ORDINANCE AMENDING ORDINANCE NO. 8294, AS AMENDED, COMMON- LY REFERRED TO AS "THE BAY DRILLING ORDINANCE" REGULATING OPERATIONS FOR PRO- DUCTION OF OIL AND GAS, SO AS TO MORE CLEARLY DEFINE AND REGULATE OPERATIONS THAT MAY BE CONDUCTED ON CERTAIN ISLANDS IN THE BAY PARK AND RECREATION AREA UNDER CERTAIN CIRCUMSTANCES BY ADDING A NEW SUBPARAGRAPH "C" TO SECTION 6.2, ORDINANCE NO. 8294; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its • 1tes Regular Council Meeting December 19, 1973 Page 9 third reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano, and Stark, present and voting "Aye", ORDINANCE NO, 11837 THIRD READING OF AN ORDINANCE AMENDING THE BUILDING CODE, ADOPTED BY ORDINANCE NO, 10379, AS AMENDED; THE ELECTRICAL CODE, ADOPTED BY ORDINANCE NO. 10832; AND TIE PLUMBING CODE ADOPTED BY ORDINANCE NO, 11238; SO AS TO EXEMPT FEDERAL, STATE, AND COUNTY GOVERNMENTAL AGENCIES FROM THE REQUIREMENT FOR PAYMENT OF PERMIT FEES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano, and Stark, present and voting "Aye". ORDINANCE NO, 11838 THIRD READING OF AN ORDINANCE GRANTING IMPACT ADVERTISING COMPANY, SHREVEPORT, 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 CONSTRUCTION AND PLACEMENT THEREOF; RESTRICTING CERTAIN ADVERTISING; REQUIRING MAINTENANCE OF SAID RECEPTACLES; PROVIDING THE CITY WILL COLLECT TRASH THEREFROM; 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 third time and passed finally by the following vote: Branch, Tom Gonzales, Ricardo Gonzalez, Lozano, and Stark, present and voting "Aye"; Luby and Acuff voting "Nay". ORDINANCE N0, 11839 AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF' PARCELS N0. 2, 3, AND 4 FROM BRUCE V, SHARPLES AND WIFE, JUANITA D. SHARPLES, AND PARCEL N0. 5 FROM E. K. VALENTA AND WIFE, ELIZABETH P, VALENTA, ALL PARCELS FOR THE 15TH, 18TH AND ESPINOSA STREET IMPROVEMENT PROJECT, N0. 220-67-92,9; APPROPRIATING OUT OF THE 220 STREET BOND FUND $3,950 FOR ACQUISITION BY RIGHT- OF-WAY DEED AND DEDICATION OF THE AFORESAID PARCELS; 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 Starkie, present and voting "Aye", ORDINANCE NO, 11840 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED CONTRACT WITH THE COMMUNITY DEVELOPMENT CORPORATION OF CORPUS CHRISTI FOR PLANNING AND CONSTRUCTING LOW INCOME AND LOWER MIDDLE INCOME HOUSING IN THE CITY OF CORPUS CHRISTI, AND ADMINISTER A LOAN POOL WITIH ITS RELATED ACTIVITIES, ALL AS MORE FULLY SET FORTH IN THE CON- TRACT, 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", •utes Regular Council Meeting December 19, 1973 Page 10 ORDINANCE NO, 11841 AMENDING SECTION 21.30 OF THE CORPUS CHRISTI CITY CODE, AS AMENDED, PROVIDING FOR TRAFFIC SAFETY ADVISORY BOARD, SO AS TO ADD THE SUBSECTION 30.1, EX -OFFICIO MEMBERS, THE TRAFFIC SAFETY COORDINATOR; ADDING TO SUBSECTION 30,3 OFFICERS THE TRAFFIC SAFETY C00RDINATOR IN LIEU OF THE DIRECTOR OF TRAFFIC ENGINEERING; AMENDING SECTION 21-31, PURPOSE AND DUTIES OF THE BOARD, ITEM (e) 50 AS TO PROVIDE FOR FOSTERING PUBLIC KNOWLEDGE AND SUPPORT OF TRAFFIC LAW ENFORCEMENT AND UNDER- STANDING OF CITY TRAFFIC SAFETY PROBLEMS; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY, The Charter Rule was suspended and the foregoing ordinance was passed by the following vete.: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano, and Stark, present and voting "Aye". ORDINANCE NO, 11842 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO A CERTAIN PARCEL OR TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CITING LIEN - HOLDERS OF' RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCEL NO, 15, HORNE ROAD -NAPLES TO COLUMBIA, PROJECT NO, 220-70-111; DIRECTING TEE CITY ATTORNEY T'0 INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE RECORD OWNERS, WILLIAM P. RIDDICK, ET AL, TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; 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, 11843 AUTHORIZING- EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO A CERTAIN PARCEL OR TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CITING LIEN - HOLDERS OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCEL NO, 1 FOR THE JACKSON TERRACE SANITARY SEWER PROJECT NO, 250-70-80,6; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE RECORD OWNERS, J. F. LEWIS AND WIFE, CARROL LEWIS, TO CARRY OUT THE INTENTIONS OF THE ORDINANCE; 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, preaent and voting "Aye", ORDINANCE NO, 11844 CLOSING AND ABANDONING AN EASEMENT IN LOT 19, BLOCK 4, ABBOTT ADDITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY, The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano, and Stark, present and voting "Aye", • •utes Regular Council Meeting December 19, 1973 Page 11 ORDINANCE NO. 11845 CLOSING AND ABANDONING A UTILITY EASEMENT IN LOTS 2 AND 3, AND PORTIONS OF LOTS 4 AND 16, BLOCK E, FLOUR BLUFF ESTATES, WHICH EASEMENT IS DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano, and Stark, present and voting "Aye". ORDINANCE NO. 11846 • 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 PADRE FEDERAL SAVINGS AND LOAN ASSOCIATION, BY GRANTING A SPECIAL COUNCIL PERMIT FOR ESTABLISH- MENT OF A FREESTANDING SIGN AS INDICATED ON THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, ON LOT 14R, BLOCK 22, WINDSOR PARK UNIT 4 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". RESOLUTION NO. 11847 CONFIRMING THE APPOINTMENT OF NICOLAS V. FERNANDEZ TO THE POSITION OF BUILDING OFFICIAL BY THE CITY MANAGER, PURSUANT TO CITY CHARTER ARTICLE III, SECTION 3; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Acuff, Branch, Tom 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. Mrs. Arthur Ellis, 10945 Leopard Street, appealed to the Council to go on record in protest of the recent ruling of a Federal judge that the "Nativity Scene" be banned from the White House lawn. She requested that the Council pass a reso- lution and write Texas officials requesting that they take some action immediately. She stated that she, with the help of an organized group, would demand that this decision be appealed to the Supreme Court. City Manager Townsend stated he also felt very strongly on this subject, but that if the Council passed such a resolution it would have to be addressed to the laws of the Constitution, that this nation was founded under God but there is no- •tes Regular Council Meeting December 19, 1973 Page 12 thing that addresses itself as to how a person is to understand his God. City Attorney Riggs cited cases which have been appealed to the Supreme Court on which rulings were made that public funds cannot be used to maintain any religious symbol on public property. Mrs. Sidney Campbell concurred with Mrs. Ellis' appeal and stated she definitely felt the City of Corpus Christi should have a "Nativity Scene" at City Hall. Mr. Ralph Durden, 217 Baycliff Drive, appeared before the Council and read a statement asking that personal differences be put aside, but also criticized some statements of the Mayor regarding goals for Corpus Christi. The statement alleged that political campaigning is still going on and should be put aside for the ulti- mate good of the community. He called for unity, but stated the charges and counter charges emerging from the Mayor's criticism of the Planning Commission are a result of campaign issues and was not constructive criticism. Mr. Durden stated the meeting held last was for the purpose of making a study of goals for Corpus Christi and was not meant to isolate or eliminate anyone and that the Mayor and all City Councilmen, Judge Barnes, the City Manager and other members of his staff, were invited. He stated it was not a political meeting nor a political group. He urged that the past be forgotten and all pull together for the good of the Goals Program. Mr. Nat Seago, 1609 Sandlewood, representing the Weldon A. Smith Elementary School Parent Teachers' Association, complained that the City had failed to keep its part of a bargain made November 7, and had installed a sidewalk walkway along Williams Drive five feet in width instead of the six-foot sidewalk agreed upon, is not in line with the quality of construction called for by Mayor Pro Tem Acuff, and which they understood they had agreed to accept in bleu of the permanent concrete sidewalk included in an overall sidewalk program. He also complained that the walk- way was not level but had a five -inch drop in some places. He presented a petition containing 337 signatures of residents in the area expressing thanks for their efforts. (Petition #7-73). Mr. Clay Moore, 1601 Mesquite Street, spoke in response to the statement of Mr. Ralph Durden, and stated he shared the views of Mayor Luby in most respects, but stated there must be some "give or take to all major matters", that leadership tes egular Council Meeting December 19, 1973 Page 13 of this community has not always reflected the thinking of the community and that • referendums could solve many problems. He defended the expressed views of the Mayor relative to goals for Corpus Christi stating that the Mayor was only trying to say he did not feel the meeting held last week reflected a cross-section of the City. Mr. Paul Vogler concurred with the statements of Mr. Moore that leadership of the community hadnot always reflected the thinking of the people and had not always been in the best interest of the City. Mr. Vogler also complained that television coveragee had been extremely one-sided on controversial matters. Commissioner Ricardo Gonzalez urged cooperation between the Mayor and Council, stating that important decisions on major issues are dragging. Commissioner Branch pointed out that during the Workshop meeting this morning the Council had unanimously agreed to seek a broader support for the goals program, and that the date of January 21st, 9:00 a.m., had been set for a special workshop meeting to consider five items which may possibly be considered for Election issues. City Manager Townsend reported that the asphalt sidewalk along Williams Drive had been constructed according to the agreement. Mayor Luby and Commissioner Acuff agreed to make an on-site investigation of the work. There being no further business to come before the Council, the meeting." was adjourned at 5;20 p.m., December 19, 1973.