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HomeMy WebLinkAboutMinutes City Council - 04/24/1974MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING April 24, 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 Exec. Asst. City Attorney Michael May 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 Commissioner Harold Branch in the absence of the invited guest chaplain. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the Minutes of the Regular Council Meeting of April 10, 1974 be approved as submitted to the Council. Mayor Luby proclaimed the period April 22 through May 3, 1974, as "SPARKLE '74"- BEAUTIFY CORPUS CHRISTI WEEKS in the City of Corpus Christi. Commander W. K. Huber of the VFW Post #2397 and representatives of the Ladies Auxiliary, appeared and presented Police Chief James Avant and Fire Chief John Carlisle with Certificates of Appreciation of their dedicated services to the City in the enforcement of the law and safety protection to the community. Cmdr. Huber stated support of the Bolice Officers and Fire Department are a part of the VFW programs and included in the observance of their 75th Anniversary. Mayor Luby accounted the public hearing on the request of Central Power and Light Company for the City to approve the rates now in effect except that the first step for residential customers be reduced by $.25 per month. City Manager Townsend presented the request and explained that the hearing is a requirement under Section 7, Article 8 of the City Charter under which provision all former hearings have been held. He pointed out that this is a separate hearing; that the Company would have the burden of making its presentation, and a verbatim transcript is being made of this hearing to be on file in the office of the City Attorney. Mr. S. E. Kelley, District Manager of Central Power & Light Company, presented the Company's request and furnished the Council with a copy of his written statement which he entered into evidence in addition to all other schedules and • Minutes Regular Council Meeting April 24, 1974 Page 2 financial data previously filed with the City February 21, 1974; December 13, 1972; December 19, 1972; January 3, 1973; and January 31, 1973, and the Company's motion for rehearing and its 1973 Annual Report. He stated his purpose at this time is to urge the Council's favorable consideration of the compromise ordinance authorizing settlement of litigation between his company and the City, and the ordinance setting new rates for electric service, which compromise would be best for both the Company and the City. He reviewed the history of the matter before the Council stating that the Company had reluctantly filed suit in the District Court against the 2 percent revenue increase which was approved by the Council by Ordinance No. 11392 on March 21, 1973, but the overriding fact was that the Company's economic position was deteriorating due primarily to an increase in cost of materials and services and at a rate that it has seriously threatened the financial position of the Company, its ability to adequately serve its customers and compete favorably in the bond market. He stated the 2 percent increase of last year did not allow the company to earn a fair return on the fair value of its investment, and that the 1973 financial figures supported this contention. He urged passage of the proposed ordinance whereby the Company will receive the rates currently ordered by Temporary Injunction in the case with $.25 reduction in the residential minimum rate, with a firm agreement by the Company to apply and execute all necessary documents to the City for contractual annexation of their Barney Davis Plant during the calendar year 1974 and to render said Plant to the City for such taxable value as to produce not less than $400,000 ad valorem tax revenue to the City. Commissioner Branch pointed out that the Council was to have been furnished figures on the earnings of the Company at the end of 1973 on which to base a decision, but that he had not seen those figures, and felt, as a representative of the people, he should see them, and that this information should also be brought to the public. Com- missioner Branch stated he had received sone information from the Company but none from the Staff. City Manager Townsend explained that the Staff had not attempted to furnish the Council all the information which would total a voluminous amount of paper. Mayor Luby commented that there had been many discussions on this matter and there had been ample time to obtain the information. Commissioner Stark stated he felt the Council had received adequate informa- tion including the Company's 1973 Annual Report. Mr. A. D. Tilley, 44 Townhouse, commended the Company for its outstanding Minutes Regular Council Meeting April 24, 1974 Page 3 service to this community particularly following Hurricane Celia. He stated he was in the electrical supply business and had first hand knowledge of the esculating costs of labor and materials on the current market. Mr. Jack Green, representative of Fairbaio Electrical Contractors, spoke in favor of the ordinances for a compromise settlement of the rate case, stating he concurred with statements that costs are increasing at a rapid rate. Mr. Frank Hankins, 721 Crestview, spoke in opposition to the proposed compromise stating it would add to the inflationary trend and it should be the City's obligation to help control this upward trend; that increased commercial rates would discourage new industry to the City; and would damage the credibility of the Council when bond issues are presented to the people. He stated he felt this issue should be settled in court rather than in the Council Chamber. Mr. Walter Young, Senior Vice President of the State National Bank, stated he had recently viewed a report from a major stock advisory firm which had recommended against the purchase of common stock in Central and Southwest Corporations, which is parent company of Central Power & Light, and that this advice was because of unexpected high operating costs under the present rates. Commissioner Ricardo Gonzalez commented that the formulas and figures involved in utility rates are confusing and questioned whether or not a jury would have ruled differently on information and figures submitted from Dr. John Languor and Central Power & Light Company. He agreed that the burden should not rest upon a Council to make a decision, but there should be established a state regulatory com- mission such as the case in most other states. He expressed the feeling that the City should come to some agreement on this matter and move onto other pressing matters. Commissioner Tom Gonzales suggested that the Staff and the Company officials "get together and agree on some formula" and some guidelines be set up for the future. He stated he could not make a decision until both the Company and the rate expert agree on what is the fair rate of return. Mayor Pro Tem Acuff commented that the Power Company should not be allowed to make an excess profit, but at the same time their financial standing should not be jeopardized. Mr. Kelly stated he agreed that there should be some method established for settlement of rate matters, but did not agree that this Council's action at this • • Minutes Regular Council Meeting April 24, 1974 Page 4 time should be conditioned on perimeters to be worked out for the future, which would be a very difficult thing to do. City Manager Townsend pointed out the length of staff time that has been expended on this matter and the probable length of time if it is settled in court. He stated there is no doubt that costs are increasing faster than revenues, and pointed out that costs could still be increasing as litigation continues. He stated this compromise proposal is more acceptable than the one first placed before the Council, appears to be a sound solution, and should be acted upon. Gonzalez Motion by Acuff, seconded by Ricardo/and passed, that the hearing be closed, and the proposed ordinances be brought forward. Mayor Luby called for the City Manager's Reports and City Manager Marvin Townsend presented the following recommendations with related explanations and comments: a. Recommendation that a public hearing be held on May 15, 1974 at 4:00 p.m. (Special Meeting), on the following zoning applications: (1) Text Amendment -pre-zone, prior to annexation, property owned by Mr. Hulen Hunt from "A-2" & "B-4" located at the southwest corner of South Staples and Saratoga Boulevard. (2) South Central Oil Co. - "B-1" and a Special Permit to "B-4", located on the northeast corner of Hakel Drive and South Padre Island Drive. (3) Mr. John Turbeville - "R -1B" to "B-1", located on the southwest corner of Lakeview Drive and Rodd Field Road. (4) Mr. G. Phillip Albright - Tract A: "R -1B" to "A-2"; Tract B: "R -1B", "A-2" and "B-4" to "I-2", located along the east right of way line of South Padre Island Drive between Bear Lane and Old Browns- ville Road. (5) Pier I Imports - "B-1" to "B-4", located on the southwest corner of South Padre Island Drive and Manor Drive. (6) Mrs. Carrie L. Kersh - "R -1B" to "B-1", located on the southeast corner of Ivy Lane and Horne Road. b. That a public hearing be held on May 8, 1974 on the closing of that portion of Rose Street which abuts Nueces Bay Boulevard. When most of Rose Street was closed several years ago the portion now requested to be closed was left open for access to several lots in different ownerships. Now only two owners are involved and they concur in the request. c. That bids be receiaed at 11:00 a.m., Tuesday, May 14, 1974 for rust- proofing service for 127 new 1974 City vehicles. d. That a contract be awarded to Plains Machinery Company, Corpus Christi for a self -trailing stump cutter for the Park Division on the basis of low bid meeting specifications of $6,995.00. Bids were received from three firms. The apparent low • Minutes Regular Council Meeting April 24, 1974 Page 5 bids offered by Vermeer Sales of Texas of $3,955.13 and $5,925.23 failed to meet a number of specifications. (Bid Tabulation #21-74) e. That the plans and specifications for the following improvements be approved and bids be received on May 15, 1974: (1) Construction of a 50 car parking lot at the south end of Cole Park, a concrete sidewalk from the proposed parking lot to the fishing pier area, a walkway entrance to the fishing pier, and a planter near the park marker. (1972 Bond Election project) (2) Construction of an access road to the Corps of Engineers' parking lot and a small parking area for 9 additional vehicles at the south channel parking lot. The Corps of Engineers concurs with these improvements which were guaranteed to the Corps when they agreed to move and exchange land with the City. (3) Repair of the existing sidewalk on the Peoples Street T -Head near the seawall. (4) Modification of the right hand turn lane from Ocean Drive to Louisiana by extending the turn lane so that motorists can more easily turn into Louisiana Parkway. These plans have been reviewed and approved by the Planning Commission, the Municipal Arts Commission and the Park Board. f. That a 30' drainage easement along the southeast side of Lot 25, Berlet Addition, be abandoned. The lot is being unplatted. The drainage easement is not needed since a ravine exists 65' east of the property. The request has been circulated to the affected departments and there are no objections. g. That authorization be granted to enter into consent agreements with Texas -Mexican Railroad Company and the United States of America for three water Line crossings under the Texas -Mexican and Naval Air Station tracks along Holly Road between Everhart and Staples Street. h. That Texas Highway Commission Minute Order No. 68615, dated April 4, 1974, expanding the scope of work in the skid resistant asphaltic overlay project on Ocean Drive and Shoreline Boulevard from I.H. 37 to North Gate of the Naval Air Station be accepted. The areas being added are North and South Shoreline from Belton to Hughes, Cooper's Alley from South Shoreline to Water, and the Municipal Parking Lot between the Public Utilities Building and Exposition Hall. i. That condemnation proceedings be authorized to acquire Parcel No. 9 of the Horne Road Street Improvements Project, Unit II, from McArthur to Naples Street, from Mr. and Mrs. Joe P. Bader. Negotiations to acquire the 3429.8 sq.ft. tract have failed. • Minutes Regular Council Meeting April 24, 1974 Page 6 j. That McKenzie Road be improved by the Street Division to a 28 foot wide pavement with a 6 foot wide paved shoulder on each side but without curbs, gutters, and sidewalks. The full improvement of McKenzie Road will require construc- tion of a major drainage outfall and is a proposed City -State project. Hopefully, the question of adequate ramp access to I.H. 37 can be resolved as part of the City - State project. It is further recommended that the bonds approved in 1970 be reserved for the City's part of the permanent improvements and that Street Maintenance appro- priations be used for the reconstruction so that an improved street will be available by the end of June. k. That the following actions be taken on the Greenwood Park Expansion Project: (1) bids be received for the general portion of the contract, including grading because the bids are not within the money available, be rejected; (2) that a con- tract be awarded to South Texas Lawn Sprinkler Company for $29,845 for the irrigation portion of the work; and (3) a contract for the landscaping work be awarded to Storm revised and either new bids new bids will be received or the work will be Landscaping for $16,809. The grading work will be/performed with City forces prior to landscaping and sprinkler installation. Should funds be available after the grading is completed, the pavilion building, maintenance building and pedestrian access bridge contracts will be readvertised separately. It is also recommended that $49,338 be appropriated for the two contracts. 1. That the contract for improvements to the Police Building second floor and remodeling of the courtroom be awarded to B.E. Beecroft Company for $144,157.00 and $155,000.00 be appropriated for the contract. The award is based on the base bid plus additive alternates which include the addition of six windows on second floor and a double door at the Buffalo Street entrance. m. That the public hearing on paving assessments for Horne Road, Unit II be reconvened and a new hearing date be set May 15, 1974 at 3:00 p.m., to consider the recalculated assessment rates for Items 42 through 53 which should have been based on 61' street rather than a 41' street, and Item 21 which is a pending zoning case. In addition it is recommended that a hearing be held on May 22, 1974, at 3:00 p.m., on Items 56 and 55 to include sidewalk through to Houston Street. It was agreed at the time of platting that the owner of Lot 55 could defer construction of the side- walk until apartments are constructed. There is no timetable for construction of the apartments at this time. The cost of the sidewalk can be 100% assessed. • Minutes Regular Council Meeting April 24, 1974 Page 7 n. That plans and specifications for the construction of the expansion of the FAA Tower at Corpus Christi International Airport be approved and bids be received on May 22, 1974. Plans include an office tower adjoining the existing tower with five stories to accommodate all FAA operations. The new space will be approximately two times as great as the existing tower. The tower will be built by the City and leased to FAA for fifteen years at an amortized rate equal to 9.7% of the construction cost of both the tower and the adjacent 120 car parking lot to fully amortize the City's cost within fifteen years. It is further recommended that remaining airport bond fund money be used for the parking lot, architect, and related costs and that certificates of obligation be issued for costs of the construction contract. o. That bids be received on May 8, 1974 at 11:00 a.m., for the sale of $100,000 of Convention Facility Bonds approved as proposition #2 on the December 9, 1972 Election. If a satisfactory proposal is received, the sale can be approved on the same day and the sale can be finalized with delivery contingent on approval by the Attorney General. p. That bids be received on June 5, 1974 at 11:00 a.m., for the sale of $4,000,000 General Obligation Bonds and $800,000 of Certificates of Obligation: Puroose Date of Election Prop. No. Amt. to be Sold General Obligation Bonds Series 1974: Auditorium Bonds 12-9-72 3 $ 500,000 Drainage Bonds 12-9-72 8 600,000 Fire & Police Bldg 12-9-72 7A 150,000 Park Imp. Bonds 12-9-72 5 350,000 Sanitary Sewer Imp. 12-9-72 4 750,000 Street Bonds 12-9-72 9 1.550,000 $3,900.000 Certificates of Obligation, Series 1974A: *Airport Control Tower (See Note below) $ 800,000 Expansion Total General Obligation Bonds & Certificates of Obligation $4,700,000 q. That Mr. Hobby H. McCall and Mr. M. E. Allison Sr., be employed to provide legal and financial advisory services respectively relating to the proposed May 8th and June 5th bond sales. The estimated cost of both services is $22,000. r. That an ordinance be passed authorizing the execution of lease agreements with tenants of buildings located on property which the City has acquired. The leases will be on a month-to-month basis allowing tenants to remain until the building is needed by the City or it is demolished. *See Page 13 hereof for Ordinance #12011.5 Minutes Regular Council Meeting April 24, 1974 Page 8 s. That the Platting Ordinance requirements for street name sign material and installation in new subdivisions be amended to require the use of galvanized pipe instead of wood posts and minimum sign height of 8 feet above the ground instead of the present 7 feet. Galvanized pipe resists weather elements more effectively than wood posts, withstands high winds better, is cheaper, and is less subject to vandalism. t. That a resolution be passed supporting H.R. 12464 which would extend the Economic Opportunity Act for an additional three years. (Mr. Ramirez did not have a copy of the bill and a copy could not be found in Corpus Christi.) Mr. Cliff Cosgrove, 3302 Olsen, spoke in opposition to the City Manager's recommendation for the sale of $100,000 Convention Facility Bonds which were approved on the December 9, 1972 election. He stated a group of taxpayers were prepared to file suit to prevent the sale of these bonds on the basis that issuance of the bonds had been turned down by a majority of property owners. He stated the bond issue was approved by non property owners, would have failed otherwise, and he feels only the votes of persons who render property for taxation should be allowed to vote on bond issues. It was explained that the City will sell the bonds to be submitted to the Attorney General for certification as a means of obtaining a ruling on the validity of the bonds. Motion by Acuff, seconded by Stark and passed, Luby voting "Nay" on Item "0" that the City Manager's Reports, Items "a" through "t", be accepted, and the requests and recommendations be approved as presented. Motion by Acuff, seconded by Lozano and passed, that the Regular Meeting be recessed during which time the Council will hold public hearings on three zoning cases scheduled for 3 p.m. Special Meeting. * * * * * * Mayor Luby reconvened the Regular Meeting and called for the reading of the proposed ordinances. ORDINANCE NO. 12012 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS, BY THE CONSTRUCTION OF SIDEWALKS, AS FOLLOWS: HORNE ROAD FROM NAPLES TO RAMSEY, AS ABUTS LOT 1, BLOCK 12, ARCADIA VILLAGE AND LOT 3, MODERN HOME ANNEX; AND RAMSEY STREET FROM HORNS ROAD TO HOUSTON STREET, AS ABUTS LOT 3, MODERN HOME ANNEX; IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE NOTICE IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENT SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano • Minutes Regular Council Meeting April 24, 1974 Page 9 and Stark, present and voting "Aye". SECOND 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, TO 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 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 THE CORPUS CHRISTI CITY CODE, AS AMENDED BY REPEALING SECTION 21-44 AND ADOPTING NEW SECTION NUMBERED 21-44 SO AS TO RATIFY, CONFIRM 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 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, Lozano and Stark, present and voting "Aye". SECOND 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 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". FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NO. 4168, GENERALLY REFERRED TO AS THE PLATTING ORDINANCE OF THE CITY OF CORPUS CHRISTI, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 5472, BY AMENDING THE MINIMUM STANDARD SPECIFICATIONS SET FORTH IN SUBPARAGRAPHS 4(C) and 4(d) OF SUBSECTION B OF SECTION V OF SAID ORDINANCE SO AS TO REQUIRE ALL STREET NAME SIGNS TO BE MOUNTED ON TWO-INCH HOT DIP GALVANIZED STEEL PIPE INSTEAD OF 4" x 4" WOOD POSTS; PROVIDING FOR SAVINGS; 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". ORDINANCE NO. 12013 APPROVING AND ADOPTING THE WR17"iEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS, BY THE CONSTRUCTION OF SIDEWALKS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: HORNE ROAD FROM NAPLES TO RAMSEY, AS ABUTS LOT 1, BLOCK 12, ARCADIA VILLAGE AND LOT 3, MODERN HOME ANNEX; AND RAMSEY STREET FROM HORNE ROAD TO HOUSTON STREET, AS ABUTS LOT 3, MODERN HOME ANNEX; DETERMING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD WEDNESDAY, MAY 22, 1974, AT,A 00 p.m., IN THE CITY COUNCIL CHAMBERS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. • • Minutes Regular Council Meeting April 24, 1974 Page 10 The Charter Rule was suspended and till foregoing ordinance was passed by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Branch, Lozano and Stark, present and voting "Aye". RESOLUTION NO. 12014 SUPPORTING H.R. 12464 WHICH WOULD EXTEND THE ECONOMIC OPPORTUNITY ACT FOR 3 YEARS; DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Branch, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12015 AUTHORIZING THE CITY MANAGER OR HIS AUTHORIZED REPRESENTATIVE TO EXECUTE LEASE AGREEMENTS WITH THE TENANTS OF VARIOUS BUILDINGS LOCATED ON PROPERTY ACQUIRED BY THE CITY, SAID LEASES TO BE ON A MONTH TO MONTH BASIS, ALL AS MORE FULLY SET FORTH IN THE FORM OF LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12016 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SOUTH TEXAS LAWN SPRINKLER COMPANY FOR GREENWOOD PARK, PHASE B, STAGE I, CONTRACT B - UNDERGROUND LAWN SPRINKLER SYSTEM; APPROPRIATING OUT OF NO. 291 PARK BOND FUND $31,338, OF WHICH $29,845 IS FOR THE CONSTRUCTION CONTRACT AND $1,493 IS FOR CONTINGENCIES AND INCI- DENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO. 291-70-9.5; 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. 12017 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH STORM LANDSCAPING FOR GREENWOOD PARK, PHASE -B, STAGE 1, CONTRACT "C" FOR LANDSCAPING; APPROPRIATING OUT OF THE NO. 291 PARK BOND FUND $18,000, OF WHICH $16,809 IS FOR THE CONSTRUCTION CONTRACT AND $1,191 IS FOR CONTINGENCIES AND INCIDFNTAI, EXPENSES, ALL APPLICABLE TO PROJECT NO. 291-70-9.4; 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. 12018 AUTHORIZING THE CITY MANAGER TO EXECUTE ,t CONTRACT WITH B. E. BEECROFT COMPANY, INC., FOR CONSTRUCTION OF POLICE BUILDING IMPROVEMENTS; APPROPRIATING AND REAPPROPRIATING $155,000, OF WHICH $129,224.98 IS APPROPRIATED GUT OE NO. 207 PUBLIC BUILDING BOND FUND, $118,381.98 BEING FOR THE CONTSTRUCT ON CONTRACT, $4,637.00 BEING FOR ADDITIONAL ARCHITECT'S FEE, AND $6,206 BEING FOR CONTINGENCIES AND INCIDENTAL EXPENSES, ALL APPLICABI.E TO PROJECT NO. 207-72-2; AND $25,775.02 IS REAPPROPRIATED OUT OF NO. 102 GENERAL FUND, ACTIVITY 3327, CODE 501, WHICH AMOUNT IS TO BE TRANSFERRED TO NO. 207 PUBLIC BUILDING BOND FUND, PROJECT NO. 207-72-2, AND IS APPLICABLE TO THE CONSTRUCTION CONTRACT; AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting April 24, 1974 Page 11 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12019 CLOSING AND ABANDONING A 30 -FOOT DRAINAGE EASEMENT ALONG THE SOUTHEAST SIDE OF LOT 25, BERLET ADDITION, AN ADDITION TO 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". RESOLUTION NO. 12020 ADOPTING HIGHWAY COMMISSION MINUTE ORDER NO. 68615, DATED APRIL 4, 1974, CONCERNING INCREASED SCOPE OF WORK IN CONNECTION WITH THE PLACEMENT OF A SKID -RESISTANT ASPHALTIC OVERIAY ON OCEAN DRIVE AND SHORELINE BOULEVARD FROM I.H. 37 TO THE NORTH GATE OF THE NAVAL AIR STATION, WHICH ROADWAY IS TO BE DESIGNATED A METROPOLITAN HIGHWAY (NUMBER 5126); AND DECLARING 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". ORDINANCE NO. 12021 AUTHORIZING THE CITY MANAGER TO EXECUTE CONSENT AGREEMENTS WITH THE TEXAS -MEXICAN RAILWAY COMPANY AND THE UNITED STATES OF AMERICA IN CONNECTION WITH CONSTRUCTION BY THE CITY OF THREE WATER LINES UNDER RAILROAD CROSSING UNDER THE TEXAS -MEXICAN RAILROAD AND NAVAL AIR STATION TRACKS AT THE FOLLOWING LOCATIONS: 1 - 12" Pipe installed inside a 21" casing at Station 509 + 10; 1 - 6" Pipe installed inside an 18" casing at Station 496 + 65; and 1 - 8" Pipe installed inside an 18" casing at Station 479 + 40 AS MORE FULLY SET FORTH IN THE CONSENT AGREEMENTS, COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B", 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. 12022 AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO CONDEMN FEE TITLE TO A CERTAIN TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CITING LIENHOLDERS OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCEL NO. 9 FOR THE HORNE ROAD IMPROVEMENTS, McARCHUR TO NAPLES STREET, PROJECT NO. 220-70-111; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNA- TION PROCEEDINGS AGAINST THE RECORD OWNERS, JOE P. BADER AND WIFE, NELL CLARKE BADER; AND DECIRRING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". • • Minutes Regular Council Meeting April 24, 1974 Page 12 ORDINANCE NO, 12023 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CCMPRCMISE SETTLEMENT AGREEMENT IN THE CASE OF CENTRAL POWER AND LIGHT COMPANY VS. CITY OF CORPUS CHRISTI, ET AL, NO. 118,946-B, IN THE DISTRICT COURT OF NUECES COUNTY, TEXAS, 117TH JUDICIAL DISTRICT, A TRUE COPY OF WHICH, MARKED EXHIBIT "A", IS ANNEXED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING SEVERABILITY; AND DECLAR- ING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Ricardo Gonzalez, Lozano, Luby, and Stark, present and voting "Aye"; Tom Gonzales abstaining, and Branch voting "Nay". FIRST READING OF AN ORDINANCE REPEALING ORDINANCE NO. 11392; APPROVING A NEW RATE SCHEDULE FOR THE FURNISHING OF ELECTRICITY AND ELECTRIC SERVICE WITHIN THE CITY OF CORPUS CHRISTI, TEXAS, BY CENTRAL POWER & LIGHT COMPANY; REQUIRING A WRITTEN STATEMENT ON COST OF FUEL; PROVIDING THAT THIS ORDINANCE SHALL NOT LIMIT POWERS OR REGULATION OF THE CITY; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Acuff, Ricardo Gonzalez, Lozano, Luby and Stark, present and voting "Aye"; Tom Gonzales abstaining, and Branch voting "Nay". ORDINANCE NO. 12024 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME J, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE N0,6106, AS AMENDED, UPON APPLICATION OF PHYSICIANS & SURGEONS GENERAL HOSPITAL BY GRANTING A SPECIAL PERMIT ON THE EDWIN E. CONNOR TRACT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE TERMS AND CONDITIONS HEREINAFTER MORE FULLY SET OUT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12025 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 SKYLAND DEVELOPERS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON 1.869 ACRES OUT OF LOT 1, SECTION 28, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS MORE -FULLY DESCRIBED HEREINAFTER SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TFXAS, FROM "R -1A" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12026 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 PARTICUIARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF FRIENDLY FINANCE, INC. BY AMENDING • Minutes Regular Council Meeting April 24, 1974 Page 13 THE ZONING MAP BY CHANGING THE ZONING ON LOTS 23 AND 24, BLOCK 3, LEXINGTON ESTATES SUBDIVISION SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT AND "AB" PROFESSIONAL OFFICE DISTRICT TO "B-3" BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12027 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 DIANE H. KIRMSE BY GRANTING A SPECIAL COUNCIL PERMIT FOR GIFT AND SPECIALTY SHOPS, ON LOTS 2, 2A and 2B, BLOCK 3, SEASIDE ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby "Nay". City Manager Townsend presented a site plan prepared by architects Bennett, Martin & Solka, for the new Health Administration and Senior Citizens Building sites proposed at Greenwood Drive and Horne Road next to the Greenwood Branch Library. Mr. Bennett described the preliminary plan in detail, and explained that the plan was to show that the space was adequate for the buildings and parking areas. A motion by Acuff, seconded by Ricardo Gonzalez and passed, informally authorized the architects to proceed with plans that would place the two buildings at this location. There being no further business to come before the Council, motion by Branch, seconded by Lozano and passed, that the Regular Meeting be adjourned at 6:10 p.m., April 24, 1974. *ORDINANCE NO. 12011.5 DIRECTING PUBLICATION OF NOTICE TO BIDDERS FOR THE CONSTRUCTION OF AIRPORT TOWER EXPANSION; AND ORDAINING OTHER MATTERS RELATING TO THE SUBJECT; 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". (*Amendment to Minutes authorized by City Council action May 29, 1974)