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HomeMy WebLinkAboutMinutes City Council - 04/17/1974MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING April 17, 1974 2:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J, Howard Stark City Manager R. Marvin Townsend City Attorney James R. Riggs Exec. Assistant City Attorney Michael May Assistant City Attorney Gerry Miller City Secretary T. Ray Kring Mayor Jason Luby called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Reverend Theodore Zull, Pastor of the Seventh Day Adventist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Acuff, seconded by Lozano and passed, that the Minutes of the Regular Council Meeting of April 3, 1974 be approved as submitted to the Council. Mayor Luby announced the issuance of proclamations as follows: NATIONAL SECRETARIES WEEK, April 21 through 27, 1974; REALTOR WEEK, April 21 through 27, 1974; and NATIONAL COIN WEEK, April 21, through 27, 1974, Mayor Luby presented plaques of commendation to the following retiring City Employees: Mr. Louis G. Ferrell, Fire Department (28 years service); Captain T. M. Gonzalez, Fire Department (20 years service); Mr. Dolph Magee, Water Division (43 years service); and Captain Ismael G. Salinas, Fire Department (36 years service). Bids were opened and read by Director of Engineering and Physical Development on completion of the second floor of the Police Building, the second Municipal Court- room and related offices, from the following firms: I. C. Salazar Construction Company; Gulf -Tex Company; and B. E. Beecroft Company. The plans and specifications for this 1972 Bond project were prepared by Leija and Associates. 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 recommendation. Mayor Luby called for the City Manager's Reports and Recommendations, and City Manager Marvin Townsend presented the following with related explanations and comments: a. That a public hearing be held on May 8, 1974, Special Meeting at 3:00 p.m., on the following zoning applications. (1) Mrs. E. F. Zatopek - "R-2" to "B-4", located on the north side of the 100 Block of Norton Street between Ayers and Lewis Streets. (2) Mr. Mike Jalifi - "R -1B" to "A-2", located on the southeast corner of Mohawk and Huron Streets. • • Minutes Regular Council Meeting April 17, 1974 Page 2 (3) Mr. Ravmundo Rodriguez - "R -1B" to "B-4"; located on the northwest corner of Greenwood Drive and Soledad Street. (4) Office Park Associates - Exception to Screening Fence Requirement, located on the west side of South Staples Street south of Weber Road. (5) Mr. James T. Braselton. Jr„ Trustee - "R -1B" to "A-1", located on the south side of I.H . 37 and UpRiver Road, west of McKenzie Road. (6) S & S Development Co. - Exception to Screening Fence Require- ment, located between Skipper & Jester northwest of Boathole. b. That a public hearing be held on May 1, 1974 on the request of Waldron Field Baptist Church to close that part of the unopened portion of Ridgewood Drive which abuts Lots 27 through 33 of Block A and Lots 20 through 24 of Block B, Don Patricia. The Church is the owner of the abutting lots. c. That a contract be awarded to the Plains Machinery Company, Corpus Christi, for the purchase of a track -type hydraulic excavator for the Wastewater Services Division on the basis of low bid meeting specifications of $46,819.92 including trade-in. The apparent low bids of $38,000.00, $44,970.00, and $40,068.00 submitted by Gulfside Equipment Company, Waukesha -Pearce Industries, Inc., and Plains Machinery Company (the latter being an alternate bid), respectively did not meet specifications because the equipment bid did not meet either minimum weight or undercarriage design requirements. Bids were received from seven firms.( 4‘24--a d -1 ") d. That the storm sewer improvements for Matlock Street and Country Club Drive be accepted as complete and final payment of $6,119.50 be made to the contractor, Heldenfels Brothers. Total work done an this project was $40,147.60. e. That a hearing be held during the regular Council meeting on May 1, 1974 on the appeal of Mr. Calvin Floyd in accordance with Section 15, Article V, of the City Charter from the decision of the Electrical Advisory Board made on April 1, 1974 which suspended Mr. Floyd's master electrician's license from April 15, 1974 to October 14, 1974 because of misconduct. f. That the following actions be taken in connection with improvements to Nueces Bay Boulevard, from Interstate 37 to Leopard Street: (1) The public hearing on the preliminary assessment roll be closed and the corrected assessment roll of $31,283.98 be adopted. (2) A contract be awarded to Asphalt Paving and Construction Company and $95,000 be appropriated including $89,243.95 for the construc- tion contract and $5,756.05 for related expenses. A recommendation will be submitted in the near future to set a public hearing to close a portion of the intersection of Rose Street at Nueces Bay Boulevard. • Minutes Regular Council Meeting April 17, 1974 Page 3 • g. That all traffic control devices in place on April 17, 1974 be ratified as official traffic control devices. This action will aid in prosecution of traffic violations or appeal by avoiding the necessity of providing a certified copy of every ordinance passed pertaining to a violation of a City traffic law. This type of ordinance needs to be passed periodically to insure that all traffic signs and signals are properly authorized. The last such ordinance was passed in 1962. h. That the Vision Obstruction Ordinance, controlling shrubbery and fences at intersection corners be amended to extend its provisions to include all zoning districts except "B-5" and "B-6". The existing ordinance applies only to residential and apartment zoning districts. i. (withdrawn - re amendment to Platting Ordinance to require galvanized pipe instead of wood posts for street name sign ). J. That the City of Corpus be authorized to institute all appropriate legal proceedings against B & E Construction Company and Fidelity & Deposit Company of Maryland, a bonding company with offices in Baltimore, Maryland, to recover the costs of runway repairs at the Corpus Christi International Airport. k. That the appointment of Mark E. Gresham as Budget Director (Grade 37) be confirmed. Mr. Gresham has served as city manager of San Marcos (1971-1973) and Terrill (1969-1971) and as Administrative Assistant in Garland (1965-1969). He has a BA Degree from Texas Tech with a major in public administration and a minor in Latin American studies. He has completed graduate work at North Texas State in city manage- ment and sociology. 1. That a resolution be approved stating that the City has no objection to the residents of Edroy petitioning the Texas Water to establish some type of district for the water existing development in Edroy pursuant to Farm and subject to the condition that water and sanitary sewer service to any new improvements be at minimum fire protection standards similar to the standards in Corpus Christi. m. That the 1973-74 Budget for the Tourist and Convention Development Fund be amended by appropriating an additional $12,584 of which $7,584 is unanticipated opening 1973-74 balance and $5,000 is increased estimated revenues from the Hotel and Motel Tax from $195,000 to $200,000. This additional appropriation is necessary to provide money to support the contract with the Tourist Bureau as discussed at the April 10, 1974 City Council meeting. Rights Commission for permission and sanitary sewer facilities to Home Administration standards • Minutes. Regular Council Meeting April 17, 1974 Page 4 n. That an Addendum be authorized to the Sunrise Corporation Lease issued in the name of Mr. William B. Hoskins, Trustee, on July 19, 1972. This amendment has been approved by the Lower Nueces River Water Supply District, will include the old dam and the adjacent shoreline in the existing camp grounds lease and allow fishing from the old dam. It is also recommended that the lake regulatory ordinance be amended to allow fishing from the old dam. o. That the amendment to the land drilling ordinance to drill stem recovery be amended prior to its third reading to specify a $100 fee and ownership certification by affidavit rather than by legal proof. Motion by Lozano, seconded by Acuff and passed, that the City Manager's Reports, Items "a" through "o" (Item "i" withdrawn), be accepted, and the recommenda- tions and requests be granted and approved as presented by the City Manager. Motion by Stark, seconded by Acuff and passed, with Branch voting "Nay", that an ordinance be prepared reducing the proposed Central Power & Light Company rate schedule by 25C on the minimum rate from $1.50 to $1.25, and accepting the volun- tary annexation of the Barney Davis Generating Plant which will generate some $400,000 in taxes to the City of Corpus Christi. City Manager Townsend presented the pending item of the Corpus Christi Area Teachers Credit Union's request for change of zoning from "R -1B" to "B-1" on 21 acres of land north of the Crosstown Expressway between Padre Island Drive and Trojan Drive. He stated the Planning Commission had forwarded the request to the Council with the recommendation that it be approved and the Staff recommended "AB". The City Council hearing was held on November 21, 1973, where a special permit was approved for "AB" uses within 300 feet of Trojan Drive and "B-1" uses on the balance of the tract subject to a street being provided from Trojan Drive to Padre Island Drive. Mr. Townsend explained that the applicant does not have a development plan except that one or more credit union offices will be included among other uses; that Judge Barnes has written a letter to the effect that the County Commissioners intend to enter into an agreement to construct a 28 -foot street between the County and Credit Union property on a 50-50 basis to City standards; that the Credit Union has, by letter, stated it will join the County in such a contract and will assure the City that such a street will be built; and that the Credit Union wishes to know if the City is willing, based on the agreement between the County and the applicant regarding the street, to approve the "AB" and "B-1" zoning as requested. • Minutes Regular Council Meeting April 17, 1974 Page 5 Mr. Townsend read letters from Mr. Lonnie J. Jones, Board Chairman of the Corpus Christi Area Teachers Credit Union, and from Judge Barnes, confirming the foregoing agreement. Mr. A. C. Doughty, Manager of the Credit Union, explained that they have no plans for the remaiming acreage, but pointed out that the "AB" zoning would protect its future use. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the pending item of the Corpus Christi Area Teachers Credit Union, be removed from the table. Motion by Ricardo Gonzalez, seconded by Acuff and passed, that Application #1073-9, Corpus Christi Area Teachers Credit Union, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on approximately 20.942 acres out of Lots 1 and 8, Section 4, Bohemian Colony Lands, be approved as follows: approved for "AB" uses within 300 feet of Trojan Drive and "B-1" uses on the balance of the tract subject to a street being provided from Trojan Drive to Padre Island, and an ordinance be brought forward effectuating the change. City Manager Townsend presented the pending item of Application #973-7, Lynn Gray (Jim Wheeler, Trustee), for change of zoning from "R -1B" to "I-2" on the south- west 749.89 feet of Block 4, J. C. Russell Farm Blocks, located on the northeast corner of South Padre Island Drive and Bear lane, which request was heard by the Council October 17, 1973 and tabled pending the applicant submitting a detailed statement as to his intended use of the property and deed restricting the property against the sale of alcoholic beverages. He explained that the six-month time limit on this project expires on April 17, 1974. He stated the applicant has since indicated he intends to develop the property as "I-2" on the one-third zoned as "I-2"; the center one-third be developed as "B-4", and the third one-third, as "A-2", and the two-thirds portion on the back of the tract, restricted against the sale of alcoholic beverages. Motion by Acuff, seconded by Lozano and passed, that Application #973-7, Lynn Gray, be removed from the table. Motion by Acuff, seconded by Lozano and passed, that the time limit on the foregoing application, which expires on April 17, 1974, be extended for 45 days to permit modification of the application to the effect that the first one-third of the property be developed as "I-2"; the 2nd one-third, developed as "B-4"; and the 3rd one-third be developed as "A-2"; and that the rear two-thirds portion be restricted against the sale of alcoholic beverages. 111, Minutes • Regular Council Meeting April 17, 1974 Page 6 Mayor Luby announced the public hearing for street improvements to Horne Road, Unit II, from McArthur to Naples Street. City Manager Townsend explained that since publication and notices of the public hearing had gone out to the property owners, it had come to the attention of the staff that fourteen parcels had been incorrectly assessed on the Preliminary Assessment roll, and that it would be his recommendation that this hearing proceed as scheduled but that it be recessed and new notices mailed to those property owners whose properties have been incorrectly assessed. Assistant City Attorney Gerry Miller stated the purpose of the hearing is to comply with the State Statute regarding paving assessments; that testimony will be offered from the Director of Engineering and Physical Development and evaluation testimony from a real estate appraiser to substantiate the assessments which appear on the Preliminary Assessment Roll; and that the hearing is to form a basis on which the City Council, acting as a legislative body, would determine and establish the assessments on the abutting properties. Director of Engineering and Physical Development James K. Lontos was interrogated as to his identity, occupation, time of residence in the City, formal education and qualifications as an engineer, and his familiarity with the subject project. Mr. Lontos filed with the City Secretary a Written statement of his qualifications. He presented plans and specifications, explained the nature and extent of the improvements, and pointed out the location on the map the portion of the street to be improved as being Horne Road, from McArthur to Naples Street. He explained that the construction will consist of excavation, standard curb and gutter, concrete sidewalks, driveways and storm sewers. He explained that the streets are to be constructed in accordance with the City's paving assessment policy, using the low bid submitted by Asphalt Construction Company, and applying the rate to the front footage of the abutting property. He described the calculated rates per linear foot on curb, gutter and pavement based on the width of the street, and the calculated rates per square foot on sidewalk, driveway and header curb, and explained that credit had been allowed for sidewalk in place and meeting City standards. He stated the Preliminary Assessment Roll reflects the total contract price of $198,585.55, Preliminary Assessments, $63,732.67, and the City's portion, $134,852.88. He further pointed out that credit had been allowed for all existing curb gutter and sidewalks which meet. City standards. Mr. W. A. (Bill) Roberts testified as to his identity as a realtor, real estate broker and appraiser; time of residence in the City, experience as an appraiser of all • • Minutes Regular Council Meeting April 17, 1974 Page 7 types of real estate, and familiarity with the subject project. He filed his written statement of qualifications with the City Secretary. He stated he had, within the last week, personally examined each parcel of land involved in the project with the view of the effect on the properties as a result of the improve- ments, and that in his opinion, each and every parcel would be enhanced in value as a result of the proposed improvements at least to the amount of the assessments, with the following exceptions on which there are questions and should be checked: Item #5, Alberto Rubio, Lot 10, Block 2, John Jones Addition - The assess- ment in the amount of $92.67 is probably excessive since the existing driveway is of new construction and credit should be given; Item #14, Demetrio Toyer, Lot 12 and 13, Block 2, Midway Addition - Lot 12 and 13 have been assessed as commercial on the Preliminary Assessment Roll, and according to information, these properties were zoned as residential in 1972 and have not been changed. Mr. Ruben Fuentes, 2109 Horne Road (Lot 24, Block 1, Midway Addition (Item #22), complained of poor drainage at the Underpass location, and inquired if the improvements would correct this problem. Mr. Lontos explained that the street will be lowered from that point on Horne Road all the way to Prescott, directing the water onto the street rather than onto private property. Mr. Joe Bader, 4001 South Port Avenue (property not platted (Item #43), stated that5l feet of his property at the corner of Port Avenue and Horne Road had been taken by the City, and inquired as to what plans the City has for improvement of that intersection, and why they took 51 feet of the property. Mr. Lontos explained that a 15 -foot width is needed for right of way at this intersection and necessary to avoid. a sharp turn. Mr. Bader was also advised that when his property is platted, he will be required to install a water main. He stated he wants to have the property subdivided and developed and is concerned that this could be a hinderance to the sale of the property and felt he should be compensated for damages. No one eise appeared to speak for or against the assessments or the improvements on the subject project. Motion by Ricardo Gonzalez, seconded by Lozano and passed, that the hearing be recessed until May 15, 1974, at 3:00 p.m., to permit proper advertising and notices involving tie fourteen properties which have been incorrectly assessed. • • Minutes Regular Council Meeting April 17, 1974 Page 8 FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY ADDING TO CHAPTER 18, GARBAGE, TRASH AND WASTES, A NEW SECTION, TO BE NUMBERED 18-34A,T0 PROVIDE.FOR SPECIAL PERMITS FOR DISPOSAL OF GARBAGE AT THE J. C. ELLIOTT SANITARY LANDFILL; PROVIDING FOR SEVERANCE; 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, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED BY REPEALING SECTION 21-44 AND ADOPTING NEW SECTION NUMBERED 21-44 SO AS TO RATIFY, 0)NFIRM AND DECLARE TO BE OFFICIAL ALL TRAFFIC CONTROL DEVICES INSTALLED AND IN SERVICE AT THE EFFECTIVE DATE OF THIS ORDINANCE AND SUCH INSTALLATIONS AS ARE AUTHORIZED BY THE CITY COUNCIL AND INSTALLED; PROVIDING A SAVINGS CLAUSE; 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, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED BY AMENDING SECTION 21-9, OBSTRUCTING STREET INTERSECTIONS WITH SHRUBS, STRUCTURES, ETC., SUBSECTION (a) THEREOF, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL AREAS DESIGNATED AND CLASSIFIED BY THE ZONING ORDINANCE OF THE CITY EXCEPT THOSE ZONES DESIGNATED AS "B-5" OR "B-6"; PROVIDING A SAVINGS CLAUSE; 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, Lozano and Stark, present and voting "Aye". Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the ordinance read on the first two of three readings, namely April 3, 1974 and April 10, 1974, respectively, relating to amendment of Ordinance No. 8879 by addition of Paragraph "F" to Section 6.32 to authorize issuance of permits to reenter a plugged and abandoned well, be amended prior to its third and final reading as follows: 1. That the permit be changed to One Hundred Dollars ($100). 2. That Applicant shall provide to the Petroleum Superintendent a sworn affidavit that Applicant has permission from the owner of the casing to be removed, to remove same. ORDINANCE NO. 12000 THIRD READING Ji ORDINANCE AMENDING ORDINANCE N0. 8879, AS AMENDED, BY ADDING PARAGRAPH "F" TO SECTL N 6.32 THEREOF SO AS TO AUTHORIZE ISSUANCE OF PERMITS TO REENTER A PLUGGED AND ADA710NED WELL FOR PURPOSE OF CASING RECOVERY ONLY; DESIGNAT- ING REQUIRED INFORMATION vN SAID PERMIT APPLICATION; REQUIRING REPLUGGING AND ABANDONING OF SAID WEU -REQUIRING PERMITTEE SHALL COMPLY WITH ALL CITY ORDINANCES .AND PARTICULARLY THE AIJRESAID ORDINANCE NO. 8879, AS AMENDED; REQUIRING A BOND; REQUIRING SWORN AFFIDAVIT APPLICANT HAS PERMISSION FROM THE OWNER OF SAID CASING -l1O REMOVE SAME; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally as amended by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Branch, Lozano and Stark, present and voting "Aye". • • Minutes Regular Council Meeting April 17, 1974 Page 9 ORDINANCE NO. 12001 AUTHORIZING THE CITY MANAGER TO APPROVE AN ADDENDUM TO A LEASE BETWEEN THE LOWER NUECES RIVER WATERR SUPPLY DISTRICT AND SUNRISE COMPANY, A LIMITED PARTNERSHIP, ISSUED IN THE NAME OF MR. WILLIAM B. HOSKINS, TRUSTEE, WHEREBY THE LEASE WILL ALSO INCLUDE THE OLD DAM AND THE ADJACENT SHORELINE IN THE EXISTING CAMPGROUNDS LEASE AND WILL ALLOW FISHING FROM THE OLD DAM, ALL AS MORE FULLY SET FORTH IN THE ADDENDUM, 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". RESOLUTION NO. 12002 CONFIRMING THE APPOINTMENT OF MARK E. GRESHAM TO THE OFFICE OF BUDGET DIRECTOR OF THE DEPARTMENT OF GENERAL GOVERNMENT BY THE CITY MANAGER, PURSUANT TO CITY CHARTER ARTICLE III, SECTION 3; AND DECIARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". Mr. J. B. Trimble, attorney representing the B & E Construction Company, appeared relative to the proposed ordinance authorizing the City to initiate legal proceedings against B & E Construction Company to recover costs of runway repairs at International Airport. Mr. Trimble urged the Council not to engage the B & E Construc- tion in litigation subjecting them to unnecessary expense, time and effort, in view of the reports submitted by the bond experts who have looked into this matter of specifi- cations as set forth in the contract. He alleged that it is a well established fact that the construction lacked sufficient tack coat and should have been ordered and specifically authorized by the Engineer of the City who kept a complete day-to-day record of how much tack coat was being applied. He stated the City should accept the responsibility under these circumstances and not subject this company to the necessity of litigation against its resources. Mr. Trimble pointed out that the subject company had done a tremendous job on numerous projects for the City in a responsible manner, and requested that this proposed ordinance not be passed. It was pointed out that the staff does not agree with all the reports submitted and therefore it had been concluded that the court must make the decision. ORDINANCE NO. 12003 AUTHORIZING THE CITY OF CORPUS CHRISTI TO INSTITUTE ALL APPROPRIATE LEGAL PROCEEDINGS FOR DAMAGES AGAINST B & E CONSTRUCTION CCMPANY AND FIDELITY & DEPOSIT COMPANY OF MARYLAND, A BONDING COMPANY WITH HOME OFFICES IN BALTIMORE, MARYLAND, CONNECTED WITH THE CORPUS CHRISTI INTERNATIONAL AIRPORT CONSTRUCTION CONTRACT BETWEEN THE CITY AND B & E AND FIDELITY & DEPOSIT COMPANY OF MARYLAND EXECUTED APRIL 2, 1969; AND DECLARING AN EMERGENCY. • • Minutes Regular Council Meeting April 17, 1974 Page 10 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12004 AMENDING THE 1973-74 BUDGET FOR THE TOURIST AND CONVENTION DEVELOPMENT FUND BY APPROPRIATING AN ADDITIONAL $12,584 BY APPROPRIATING OUT OF THE FUND BALANCE $7,584 AND BY INCREASING THE ESTIMATED REVENUE TO BE RECEIVED FROM THE HOTEL AND MOTEL TAX FROM $195,000 TO $200,000, THE ADDITIONAL APPROPRIATION OF $12,584 TO BE CREDITED TO CODE 301 OF THE TOURIST AND CONVENTION DEVELOPMENT ACTIVITY, ACTIVITY NO. 5501; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting"Aye". ORDINANCE NO. 12005 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ASPHALT PAVING AND CON- STRUCTION COMPANY FOR CONSTRUCTION OF NUECES BAY BOULEVARD STREET IMPROVEMENTS; APPROPRIATING $95,000 OUT OF NO. 220 STREET BOND FUND, OF WHICH $89,243.95 IS FOR THE CONSTRUCTION CONTRACT AND $5,756.05 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12006 CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON THE HEREINAFTER NAMED STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO -WIT: Nueces Bay Boulevard from Interstate 37 to Leopard Street: AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AN ASSESSMENT; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". RESOLUTION NO. 12007 EXPRESSING THE CITY'S POSITION ON THE FORMATION OF A MUNICIPAL UTILITY DISTRICT IN EDROY FOR WATER AND SEWER FACILITIES; DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". Mayor Loby called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Rene Ramirez, representative of the Nueces County Action Agency, read and Minutes Regular Council Meeting April 17, 1974 Page 11 • presented a resolution which he urged the Council to adopt in support of HR 12464 now pending in Congress for extension of the Economic Opportunity Act three more years. He requested that this resolution be approved and forwarded to the proper office in Washington. Motion by Acuff, seconded by Lozano and passed, that this matter be placed on next week's agenda for action. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the Regular Meeting be recessed for the purpose of holding the public hearings on six zoning cases scheduled for 4:00 p.m. Special Meeting. * * * * * * The Regular Meeting was reconvened at 6:30 p.m., and there being no further business to come before the Council, motion by Acuff, seconded by Branch and passed, that the Regular meeting be adjourned and the Workshop meeting of this date reopened.