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HomeMy WebLinkAboutMinutes City Council - 05/22/1974MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING May 22, 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. • City Manager R. Marvin Townsend 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 Mr. Cleo LaRue, student minister. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Acuff, seconded by Tom Gonzales and passed, that the Minutes of the Regular Council Meeting of May 8, 2:00 P.M., 1974, and of the Special Council Meeting of May 8, 4:00 P.M., 1974, be approved as presented to the Council. Motion by Acuff, seconded by Lozano and passed, that the absence of Commissioner Stark be excused for just cause. Mayor Luby announced the issuance of proclamations as follows: DATA PROCESSING WEEK, May 12,through 18, 1974, (presented 5/16/74); B. E. SCHULZE DAY, May 17, 1974, (presented 5/17/74); PUBLIC TELEVISION WEEK, May 26, through June 1, 1974; V.F.W. BUDDY POPPIES DAY, May 25, 1974; ST. VINCENT DE PAUL DAYS, May 25, and 26, 1974; and MARITIME DAY, May 22, 1974. Bids were opened and read by Director of Engineering & Physical Development on the Airport Tower Expansion at Corpus Christi International Airport, from the following firms: Casey & Glass, Inc.; Braselton Construction Company; Lanphier Construction Company; and Lambert & Fondren, Inc. Mr. Lontos explained that the 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; will be built by the City and leased to FAA for 15 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 15 years; Airport bond fund money (*Mr. Lozano arrived at 2:40 P.M.) • Minutes Regular Council Meeting May 22, 1974 Page 2 will be used for the parking lot, and related costs and certificates of ob- ligation will be issued for costs of the construction contract. 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 recom- mendation. Mayor Luby announced the public hearing on the proposed contractual annex- ation of Central Power & Light Company's Barney Davis Power Plant. City Manager Townsend presented the proposal and explained the voluntary annexation process as governed by State law. He explained that under the agreement which settled the Central Power and Light Company rate matter, the Company agreed to contractually annex the Plant during 1974 and to render it for taxes at an appraised value which would produce not less than $400,000 ad valorem tax revenue for the year 1975. Mr. S. E. Kelly, District Manager of Central Power & Light Company, pre- sented a map showing the location of the plant and stated the area contained ap- proximately 2,000 acres running from the Laguna Madre to Cayo del Oso. Mr. Bill Rouse, property owner in Flour Bluff, spoke in opposition to the proposed annexation and questioned concessions made by the City in order to obtain the agreement that $400,000 in ad valorem taxes would be paid. He stated he felt this would be passed on to the consumers and would be just another way of taxing property owners already in the City limits. City Manager Townsend pointed out that it had been understood prior to the rate controversy that the subject property would becomea part of the City, the only question being at what time, and the effect of the taxes was included in the Company's forcast of expenses and calculated by the City Staff during negotiations. He explained that rates are system -wide and the entire system will have to pay. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the hearing be closed. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the Staff be instructed to proceed with the annexation of the Central Power & Light Company's Barney Davis Power Plant as proposed. City Manager Townsend presented the following ordinance to be filed in the office of the County Clerk: • Minutes Regular Council Meeting May 22, 1974 Page 3 ORDINANCE NO. 12065 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: SOUTH STAPLES STREET (S.H. 29) FROM SOUTH PADRE ISLAND DRIVE (S.H. 358) TO SARATOGA BOULEVARD (S.H. 357), IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECI- FICATIONS, REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Branch, Tom Gonzales and Ricardo Gonzalez, present and voting "Aye"; Acuff abstaining; Lozano and Stark absent. Commissioner Ricardo Gonzalez requested that the City Manager re-examine the hospitalization plan for City employees, stating he had had complaints from some employees that they are paying more now than under the former plan. Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented requests and recommendations with explanations and comments as follows: a. That a public hearing be held on June 5, 1974 on the closing of 25' unimproved strip of roadway, extending 410' from Carroll Lane towards Kay Street and abutting the Hancock tract. b. That bids be received at 11:00 a.m., Tuesday, June 11, 1974 for a Crawler Tractor and Self -Propelled Elevating Scrapper for the Sanitation Division. The equipment will be utilized in the operations of the two landfills and will be paid for out of revenue sharing money appropriated out of the third entitlement period for landfill equipment. c. That bids be received at 11:00 a.m., Tuesday, June 11, 1974 for various pieces of heavy equipment for various City operations including such items as street sweepers, backhoes, patching rollers, and tractors. d. That bids be received on June 19, 1974 for park development work in Greenwood Park for a masonry pavilion building with restrooms, a barbeque room and an assembly area, a pre-engineered metal building and associated paving, a single span concrete foot bridge over the Airport drainage ditch at Bloomington, and a system of hike and bike trails. Each item will be bid separately. This is the remaining work scheduled under the Housing and Urban Development grant. A contract was previously awarded on April 22 for the irrigation and landscaping work. Bids for grading and general construction were rejected because the bids were too high. Street Division forces will complete the grading work. • • Minutes Regular Council Meeting May 22, 1974 Page 4 e. That the following actions be taken with regard to Horne Road, Unit II, Street Improvement Project: (1) the public hearing for assessments be closed and the final corrected assessment roll of $63,096.67 be adopted; (2) a contract for construction be awarded to Asphalt Paving and Construction Company and $212,000.00 be appropriated, including $198,585.55 for construction contract and $13,414.45 for related expenses; and (3) the proposal of Trinity Testing Laboratory, Inc. for $3,775.00 to provide laboratory services during construction be accepted. f. That escrow agreements be authorized with the State of Texas in con- nection with the following: g. (1) Construction of street improvements on Violet Road from Leopard Street to I.H. 37. Construction included in the 1970 Bond issue, will be administered by the Texas Highway Department. It is also recommended that $86,500 be ap- propriated for the City's estimated. share of the construction costs. (2) Placement of a skid -resistant asphaltic overlay on Ocean Drive and Shoreline Boulevard from I.H. 37 to the North Gate of the Naval Air Station, on North and South Shoreline from Belton to Hughes, on Cooper's Alley from South Shore- line to Water, and on the Municipal Parking Lot between City Hall and the Exposition Hall. The City's estimated share is $57,800 which is $7,200 less than the original estimate. These funds have been previously appropriated from second entitlement period revenue sharing monies. Work on the pro- ject will begin during the summer of 1974. That the City Manager be authorized to sign joint use agreements with the State Highway Department such as the one for Violet Road, from Leopard Street to I.H. 37. The joint use agreement allows the City to modify, alter, relay, or relocate utilities within the right-of-way and for public roadway use of the right- of-way by the State Highway Department. It is further recommended that authority also be granted to execute utility and street crossing consent agreements with the Tex-Mex Railway and the Navy for crossings of the Tex-Mex Railway. h. That International Aerial Mapping Company be retained to provide Planimetric maps and contour maps for the 10 block Bayfront Science Park property at a coat of $1,100 from second entitlement revenue sharing. These maps will be needed by the architects in preparing schematic drawings for improvements to the park and for use in the ultimate plan for street closings which will be necessary at a later date. The company proposes to furnish this work on a scale of 1" = 40'. i. That the bridge replacement project on Holly Road at Flynn Parkway, as constructed by Heldenfels Brothers be accepted as complete and final payment • • Minutes Regular Council Meeting May 22, 1974 Page 5 of $5,764.45 be made. The total cost of the project was $35,666.50 which ex- ceeds the original contract by $1,799.50 due to additional material required forbackfilling alongside and atop the new three barrel multiple box culvert, which replaced the timber bridge formerly existing at this location. An additional appropriation is needed to cover the overrun. 1. That: (1) Parking meters be removed and replaced with 2 hour time limit signs on certain blocks of Staples, Chaparral, Water, and Twigg Streets. (2) Parking meter time limits be extended to provide up to ten hours on certain street blocks where there are few abutting businesses and short term parking is not necessary. (3) Additional ten hour parking meters be installed on certain street blocks which presently have no parking restrictions. (4) A parking improvement fund be created whereby parking meter revenue above operating costs for parking control are to be used to beautify and improve parking conditions in the business areas of the City. (5) 2 -hour parking - Shoreline Coopers Alley to Twigg Street on the Bay side. These are supported by the Central Business District Association and the Traffic Safety Advisory Board. It will cost approximately $16,615 to convert and purchase the new meters involved. Parking meter revenue should increase by approximately $17,900 over the present level of $100,000 annually. After deducting operating expenses for parking control, $60,000 annually should be available for improvements. A grace period for enforcement is also being placed in effect. k. That the City Manager be authorized to submit an application and sign all related documents, to the Department of Housing and Urban Development for continuation of the 701 Comprehensive Planning Assistance Grant. The application requests $75,000 in Federal funds to be matched with $65,996 of local funds, $50,672 to be provided in cash and $15,324 in personnel services for a total pro- ject cost of $140,996. The grant period will be from August 1, 1974 to July 31, 1975. 1. That $67,034.11 be appropriated out of the Park Bond Fund for reim- bursement to the General Fund for improvements to Southside, Glen Arbor, Surrey, Kingston, and Country Club Parks, for February 1, 1974 through April 30, 1974. Improvements include grading, an irrigation system, play area, and planting for • Minutes Regular Council Meeting May 22, 1974 Page 6 Southside Park ($19,468.04); drainage, grading, and fill for Glen Arbor Park ($22,344.41); grading, drainage, and an irrigation system for Surrey Park ($14,576.95); shelter and play area and landscaping for Kingston Park ($8,895.65); and discing and grading for Country Club Park ($1,749.06). m. That the preliminary assessment roll for South Staples, South Padre Island Drive to Saratoga, be approved and a public hearing be held on June 26, 1974 at 3:00 p.m. The assessment roll includes 63 items. The project is a joint project between City and State. Bids have been received by the State. The low bid was that of Burtex Constructors, Inc. for $1,148,300.51. The assessment roll has been tabulated using a special assessment policy for South Staples Street, whereby the abutting property owners will be assesssed 100% of the curbs, gutters, sidewalks, and driveway costs. n. That 5 -year lease agreements be authorized with the Oso Little League and the Oso National Pony League for use of 8.7 acre and 7.3 acre tracts of land respectively in South Guth Pat: for a Little League and Pony League baseball program respectively. Both leases contain the same provision that the leases recently authorized in Price Park contained which requires the lessee to make activities available to all, allowing each person who complies with all reasonable rules and regulations to actively participate by playing. The current leases ex- pire on July 22, 1974. o. That the City Manager be authorized to sign an agreement with the Texas Office of the Governor providing for the designation of the City of Corpus Christi as the Metropolitan Planning Organization for the Corpus Christi urbanized area in order to comply with Federal -Aid Highway Act 1973. The agreement will be subject to concurrence of other local governmental agencies in the urbanized area. p. Recommendation that a contract be approved with the TML Workmen's Com- pensation Fund to provide workmen's compensation through a fund pool of self-insured Texas political subdivisions. The contract will guarantee that cost to the City will not exceed 75% of the standard premium, the City will benefit through a further premium reduction in the future from any total fund losses of less than 60% of premiums paid and from interest earnings on all reserves. The fund will re -insure the City against any individual losses in excess of $50,000 and the fund itself against any loss of 60% of total premium. In other words, the City will have no • • Minutes Regular Council Meeting May 22, 1974 Page 7 liability for its losses in excess of premiums or the losses of other governmental entities. The premium for 1974-75 will be approximately $484,054 compared to approxi- mately $541,495 if existing insurance were continued with the City also receiving a dividend based on fund experience and interest earnings on reserves. The contract will be for 3 years, effective July 1, 1974, cancellable by the City on 60 days notice. (This recommendation considered separately and subsequently withdrawn) q. That the Bayfront Study conducted by Sasaki, Walker Associates, Inc. be accepted as recommended by the Area Development Committee and that it be used as a general guide for future development of the Corpus Christi Bayfront from Corpus Christi Beach to the Naval Air Station. r. That the Planning Commission be requested to consider amending the 20% rule of the Zoning Ordinance to insure that the 20% rule will be based on the original application, regardless of amendments which might be recommended by the Planning Commission or the City Council. s. That the City participate in relocation of entrance and exit roads at Texas A & I University at Corpus Christi. A & I will be closing its main entrance by construction of a new building this summer. A one-way road system is proposed around the Campus. $19,102 of interest was earned on the $1,500,000 bond issue before the purchase was completed. This could be used for part of the cost of entrance relocations or could be used to pay interest expense on the bonds. t. That a resolution be approved commending Dr. James W. Simpson, his staff, and "The 'Childrens Heart Program of South Texas," which is a cooperative program developed to promote comprehensive care of infants and children with heart disease through service, communications, and training. The resolution will encourage all the communities and organizations in the South Texas Area to continue the financial support of this worthy project. u. That a drainage easement be acquired from Mr. and Mrs. Elbert Roberts and that $500.00 be appropriated therefor. The easement is needed for the Violet Road, Leopard Street and I.H. 37 Street Improvement Project. v. That an ordinance be passed directing the publication of notice of intention to issue Certificates of Obligation for the financing of the expansion of the FAA Control Tower at International Airport. Mr. Gordon Hurst, Chairman of the Insurance Advisory Board, appeared relative to the City Manager's recommendation "p", that a contract be approved with the Texas Municipal League Workmen's Compensation Fund to provide workmen's • Minutes Regular Council Meeting May 22, 1974 Page 8 compensation through a fund pool of self-insured Texas political subdivisions. He stated his committee, composed of three insurance agents, had spent a considerable amount of time, including conferences with the City Staff, and had concluded that this plan is not the best plan available to the City. He stated the plan would be lacking in protection for law suits against the City for gross negligence by the survivors of the employee, against accidents involving maritime work by marina workers or Bay drilling inspectors, and against accidents involving on-the-job City employees if out of the State. Mr. Hurst also stated there were some questions concerning the legality of the TML proposal. He stated his committee would support the TML plan if they could be shown the cost savings and protection are there. Motion by Ricardo Gonzalez, seconded by Acuff and passed, that the foregoing recommendation (Item "p" be tabled for further consideration. Mayor Luby departed the meeting at this time and Mayor Pro Tem Acuff assumed the Chair. Motion by Lozano, seconded by Tom Gonzales and passed, with Acuff abstaining on Item "m", that the City Manager's Reports, Items "a" through "v" (Item "p" with- drawn, be accepted, and the requests and recommendations be granted and approved as presented. Mayor Pro Tem Acuff announced the public hearing on assessments on Items 54 and 55 of the Horne Road, Unit II Street Improvements. City Manager Townsend explained that the project is to include sidewalks through to Houston Street; that it was agreed at the time of platting that the owner of Item 55 could defer construction of the sidewalk until apartments are constructed, but that there is no timetable for construction of the apartments at this time. He stated the cost of the sidewalk can be 100% assessed. Assistant City Attorney Gerry Miller conducted the hearing and stated the purpose was to comply with the State Statute regarding paving assessments; that testimony from a real estate appraiser will be heard to substantiate the assessments which appear on the Preliminary Assessment Roll, and that the hearing is to form a basis on which the Council, acting as a legislative body, would determine and establish the assessments on the abutting properties. • Minutes Regular Council Meeting May 22, 1974 Page 9 Director of Engineering and Physical Development James K. Lontos filed for the record a statement of his identity, occupation, time of residence in the City, formal education and qualifications as an engineer, and his familiarity with the subject project. He presented the plans and specifications, explained the nature and extent of the improvements, and pointed out the location on the map of the two properties and the proposed sidewalks, stating this project is a continua- tion to the sidewalks on the Horne Road project along Horne Road to Ramsey and along Ramsey to Houston Street, and is to be constructed by change order to the Horne Road Project. He explained that the assessment.rates have been determined in accordance with the City's policy for using the low bid submitted by Asphalt Paving and Construction Company on Item #54, Roy B. Sands, but on Item #55, Diomede Grissino & Joyce Helene Grissino, is assessed 100% on the basis this property did not construct sidewalk as a platting obligation. He stated the Preliminary Assess- ment roll reflects a total contract price (by change order) of $2,820.85; assessments, $2,600.22, with the City's portion being $220.63. Mr. W. A. (Bill)Roberts, testified as to his identity as a realtor and filed for record a written statement of his qualifications with the City Secretary. He stated he had, within the last week, personally examined both parcels of land involved in this project, and in his opinion, the property will be enhanced in value as a result of the proposed improvements at least to the amount of the assessments. No one appeared in opposition to the foregoing assessments. Motion by Branch, seconded by Tom Gonzales and passed, that the hearing be closed. Motion by Branch, seconded by Lozano and passed, that the assessment roll for continuation of the sidewalks on Horne Road Project along Horne Road to Ramsey and along Ramsey to Houston Street, being Items 54 and 55, be approved. City Manager Townsend presented the pending item of Zoning Application #1073-14, William and Louis Sissamis, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on two tracts of land located the southeast corner of Daly and South Padre Island Drives, on which a public hearing was held November 28, 1973. He explained that "B-4" zoning was granted on Tract B and on the north 70' of Tract A (for a total of 200' south of Padre Island Drive) subject to the filing of deed restrictions against access to the property from Daly Drive, and the necessary deed restriction and legal descriptions have been received. • Minutes Regular Council Meeting May 22, 1974 Page 10 Motion by Branch, seconded by Lozano and passed, that Application #1073-14, William & Louis Sissamis, be approved as follows: change from "R -1B" One -family Dwelling District to "B-4" General Business District on Tract A (being the north 70' of Lot 10, Block 8, Woodlawn Estates #1, and change from "B-1" Neighborhood Business District to "B-4" General Business District on. Tract B (being Lots 11 and 12, Block 8, Woodlawn Estates #1, and that an ordinance be brought forward effectuating the change, but that the ordinance not be signed until the deed restrictions are filed. City Manager Townsend announced that Application #872-11, Jesus A. Chaires, for change of zoning on property located at the southeast corner of Vitemb & Horne Road, on which a public hearing was held April 17, 1974, had been officially withdrawn by the applicant. • Minutes Regular Council Meeting May 22, 1974 Page 11 FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A 5 -YEAR LEASE AGREEMENT WITH THE OSO-NATIONAL PONY LEAGUE, LEASING TO SAID OSO-NATIONAL PONY LEAGUE A 7.30 ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR THE PURPOSE OF CONDUCTING A PONY LEAGUE BASEBALL PROGRAM, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby and Stark absent. FIRST READING OF AN ORDINANCE AMENDING SECTION 21-131 (a) THROUGH (e) OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO HEREAFTER PROVIDE FOR PARKING METER ZONES NOS. 1 THROUGH 5, AS MORE FULLY SET FORTH HEREINAFTER; ESTABLISHING A PARKING IMPROVEMENT FUND FOR THE PURPOSE OF USING PARKING METER REVENUES IN EXCESS OF PARKING METER OPERATIONS AND MAINTENANCE COSTS FOR THE PURPOSES OF LANDSCAPING, BEAUTIFICATION, CONSTRUCTION, MAINTENANCE, ESTABLISHMENT AND DEVELOPMENT OF PARKING LATS IN THE BUSINESS AREAS OF THE CITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby and Stark absent. FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE OSO LITTLE LEAGUE, LEASING TO SAID OSO LITTLE LEAGUE AN 8.70 -ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR THE PURPOSE OF CONDUCTING A LITTLE LEAGUE BASEBALL PROGRAM ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby and Stark absent. ORDINANCE NO. 12066 APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEER- ING AND PHYSICAL DEVELOPMENT, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: SOUTH STAPLES STREET (S.H. 29), FROM SOUTH PADRE ISLAND DRIVE (S.H. 358) TO SARATOGA BOULEVARD (S.H. 357); DETERMINING AND FIXING THE PORTION OF SAID COST 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, JUNE 26, 1974, AT 3:00 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. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye: Luby and Stark absent, and Acuff abstaining. ORDINANCE NO. 12067 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY AMENDING SECTION 21-64 SO AS TO ADD LOUISIANA AVENUE TO THE LIST OF STREETS ON WHICH VEHICLES EXCEEDING ONE -TON CAPACITY MAY NOT TRAVEL; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. • Minutes Regular Council Meeting May 22, 1974 Page 12 The foregoing ordinance was read for the third time and passed finally by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby and Stark, absent. ORDINANCE NO. 12068 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958 AS AMENDED, BY AMENDING SECTIGN 34-27 BY ADDING SUBSECTION (G), PROVIDING FOR LOCATION OF DRIVEWAYS TO MAXIMIZE SAFETY; REGULATING THE PLACEMENT OF DRIVEWAYS IN RELATION TO INTERSECTIONS; PROHIBITING THE PLACEMENT OF DRIVEWAYS WITHIN 150 FEET OF EXPRESSWAY OFF -RAMPS, ALL AS MORE FULLY SET OUT HEREIN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby and Stark, absent. ORDINANCE NO. 12069 APPROPRIATING $1799.50 OUT OF THE NO. 220 STREET BOND FUND TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 11896, DATED JANUARY 30, 1974, FOR THE CONTRACT WITH HELDENFELS BROTHERS FOR THE BRIDGE REPLACEMENT ON HOLLY ROAD AT FLYNN PARKWAY, PROJECT NO. 220-72-15; 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 and Lozano, present and voting "Aye"; Luby and Stark, absent. ORDINANCE NO. 12070 APPROPRIATING $1,100 OUT OF NO. 122 GENERAL REVENUE SHARING FUND FOR THE SERVICES OF INTERNATIONAL AERIAL MAPPING COMPANY TO PROVIDE PHOTOGRAMMERTRIC SHEETS OF THE BAYFRONT SCIENCE PARK; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby and Stark, absent. ORDINANCE NO. 12071 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS FOR CONSTRUCTION OF VIOLET ROAD (F.M. 24) FROM LEOPARD STREET (LOOP 407) TO I.H. 37, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING $86,500 OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S ESTIMATED SHARE OF CONSTRUCTION COST, WHICH AMOUNT IS TO BE PLACED IN ESCROW WITH THE STATE TREASURER, ACCOUNT OF TRUST FUND NO. 927, APPLICABLE TO PROJECT NO. 220-70-116; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby and Stark, absent. ORDINANCE NO. 12072 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ASPHALT PAVING & CONSTRUC- TION COMPANY FOR CONSTRUCTION OF HORNE ROAD UNIT II STREET IMPROVEMENTS; APPROPRIATING $212,000 OUT OF THE N0. 220 STREET BOND FUND, OF WHICH AMOUNT $198,585.55 IS FOR THE CONSTRUCTION CONTRACT AND $13,414.45 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO. 220-70-111; AND DECLARING AN EMERGENCY. •nutes Regular Council Meeting May 22, 1974 Page 13 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby and Stark, absent. ORDINANCE NO. 12073 AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT WITH THE STATE OF TEXAS IN CONNECTION WITH THE PLACEMENT OF A SKID -RESISTANT ASPHALTIC OVERLAY ON OCEAN DRIVE AND SHORELINE BOULEVARD, FROM I.H. 37 TO NORTH GATE OF THE NAVAL AIR STATION; AUTHORIZING THE PLACEMENT OF THE CITY'S ESTIMATED SHARE OF THE CONSTRUCTION COST, $57,800, IN ESCROW WITH THE STATE TREASURER, ACCOUNT OF TRUST FUND NO. 927, FROM FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 11913, APPROVED BY THE CITY COUNCIL ON FEBRUARY 13, 1974; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby and Stark, absent. ORDINANCE NO. 12074 APPROPRIATING OUT OF THE NO. 291 PARK BOND FUND THE SUM OF $67,034.11 FOR REIMBURSE- MENT TO THE NO. 102 GENERAL FUND, ACTIVITY 4122-603, FOR TABOR, EQUIPMENT AND MATERIALS USED FOR PARK IMPROVEMENTS FOR THE PERIOD OF FEBRUARY 1, 1974, THROUGH APRIL 30, 1974, AS FOLLOWS: $19,468.04, APPLICABLE TO PROJECT NO. 291-72-5.1, SOUTHSIDE PARK; $22,344.41, APPLICABLE TO PROJECT NO. 291-72-5.2, GLEN ARBOR PARK; $14,576.95, APPLICABLE TO PROJECT NO. 291-72-5.3, SURREY PARK; $8,895.65, APPLICABLE TO PROJECT NO. 291-72-5.4, KINGSTON PARK; AND $1,749.06, APPLICABLE TO PROJECT NO. 291-70-10.8, COUNTRY CLUB PARK; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby and Stark, absent. ORDINANCE NO. 12075 AMENDING THE CITY OF CORPUS CHRISTI CODE OF ORDINANCES, 1958, AS AMENDED, BY ADDING TO CHAPTER 1 THEREOF (GENERAL PROVISIONS) A NEW SECTION 1-14A, "CITY MANAGER STANDARD CONTRACT AUTHORITY"; DELEGATING TO THE CITY MANAGER, WITH GUIDE- LINES, AUTHORITY TO EXECUTE ON BEHALF OF THE CITY STANDARD FORM AGREEMENTS, EXEMPLI- FIED BY EXHIBITS, FOR JOINT USE RIGHT-OF-WAY AND EASEMENTS WITH THE UNITED STATES OF AMERICA, TEXAS HIGHWAY DEPARTMENT, AND TEXAS -MEXICAN RAILWAY COMPANY ON LANDS SITUATED IN NUECES COUNTY, TEXAS; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby and Stark, absent. ORDINANCE NO. 12076 LYDIA ROBERTS, AUTHORIZING ACCEPTANCE OF A DRAINAGE EASEMENT FROM ELBERT D. ROBERTS,/FOR VIOLET ROAD -LEOPARD STREET TO I.H. 37 IMPROVEMENTS, DESIGNATED AS PROJECT NO. 220-70-116; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $500 FOR ACQUISITION OF THE AFORESAID DRAINAGE EASEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby and Stark, absent. • Minutes Regular Council Meeting May 22, 1974 Page 14 ORDINANCE NO. 12077 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS OFFICE OF THE GOVERNOR SO AS TO PROVIDE FOR DESIGNATION OF THE CITY OF CORPUS CHRISTI AS THE METROPOLITAN PLANNING ORGANIZATION FOR THE CORPUS CHRISTI URBANIZED AREA IN ORDER TO COMPLY WITH THE FEDERAL -AID HIGHWAY ACT OF 1973, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT,'A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby and Stark, absent. ORDINANCE NO. 12078 CLOSING THAT PORTION OF ROSE STREET RIGHT OF WAY AT ITS INTERSECTION WITH NUECES BAY BOULEVARD, AS MORE FULLY DESCRIBED HEREINAFTER; AUTHORIZING THE CITY MANAGER TO EXECUTE QUITCLAIM DEEDS TO THE OWNERS OF PROPERTY ABUTTING SAID PORTION OF ROSE STREET HEREBY CLOSED; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby and Stark, absent. ORDINANCE NO. 12079 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE GOLDSTON COMPANY, INC., FOR CONSTRUCTION OF CORPUS CHRISTI BAY BOAT LAUNCHING RAMP; APPROPRIATING $35,000 OUT OF NO. 220 STREET BOND FUND, OF WHICH $33,242 IS FOR THE CONSTRUCTION CONTRACT AND $1,758 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO. 220-67-106; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby and Stark, absent. ORDINANCE NO. 12080 AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT THE PROPOSAL OF TRACOR, INC., AS INCORPORATED HEREIN AND MADE A PART HEREOF, MARKED EXHIBIT "A"; FURTHER, NOTING THAT THE CITY OF CORPUS CHRISTI HAS OBTAINED PERMISSION FROM THE CHIEF OF NAVAL AIR TRAINING TO PROVIDE INFORMATION AS REQUIRED IN THE PROPOSAL FROM TRACOR, INC., AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby and Stark, absent. ORDINANCE NO. 12081 AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND TO EXECUTE ALL OTHER RELATED DOCUMENTS FOR THE CONTINUA- TION OF THE 701 COMPREHENSIVE PLANNING ASSISTANCE GRANT IN THE AMOUNT OF $75,000 TO BE MATCHED WITH $65,996 IN LOCAL FUNDS, ALL AS MORE FULLY SET FORTH IN THE GRANT APPLICATION, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. • • Minutes Regular Council Meeting May 2 , 1974 ' Page 15 The Charter Rule was suspended and the foregoing'ordinance was passed by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby and Stark, absent. ORDINANCE NO. 12082 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: HORNE ROAD UNIT II, McARTHUR TO NAPLES 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: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby and Stark, absent. ORDINANCE NO. 12083 BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; 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: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby and Stark, absent. RESOLUTION NO. 12084 ACCEPTING THE BAYFRONT STUDY CONDUCTED BY SASAKI, WALKER ASSOCIATES, INC. AS A GENERAL GUIDE FOR FUTURE DEVELOPMENT OF THE CORPUS CHRISTI BAYFRONT DEVELOPMENT FROM CORPUS CHRISTI BEACH TO THE NAVAL AIR STATION. The Charter Rule was suspended and the foregoing resolution sas passed by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby and Stark, absent. RESOLUTION NO. 12085 COMMENDING DR. JAMES W. SIMPSON AND HIS STAFF, AND THE CHILDRENS' HEART PROGRAM OF SOUTH TEXAS WHICH THEY DEVELOPED AND ENCOURAGING COMMUNITY SUPPORT THEREOF; DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby and Stark absent. ORDINANCE NO. 12086 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 WILLIAM & LOUIS elites Regular Council Meeting May 22, 1974 Page 16 • SISSAMIS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON N. 70' OF LOT 10, BLOCK 8, WOODLAWN ESTATES #1 (TRACT A) AND LOTS 11 AND 12, BLOCK 8, WOODLAWN ESTATES #1 (TRACT B) SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES CQJNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT ON TRACT A AND FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT ON TRACT B; 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, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby and Stark, absent. Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. No one appeared. City Manager Townsend announced that the Texas Water Quality Board had temporarily suspended the permit of South Texas Industrial Services granted by TWQB to construct a landfill near Three Rivers, Texas, and that a date had been set for June 21st for a public hearing, probably in Corpus Christi, but the place to be determined later. He stated that apparently the decision was made because of technical problems with the certificate which they have now recognized. He stated the Staff will await results of this further hearing but it is the intention to file the law suit. Mr. S. E. Kelly, District Manager of Central Power & Light Company, announced that the average price the company paid for natural gas and fuel oil for power plants had increased 58.02 in January, 50.27 in February and 59.03 in March, and the higher cost of fuel will mean an additional cost for electricity used by the consumers., City Manager Townsend requested authority to the effect that the Certificates of Obligation for the financing of the expansion of the FAA Control Tower at Interna- tional Airport, authorized by motion and ordinance, be reduced below $800,000, if necessary to meet legal requirements for issuing Certificates of Obligation. Motion by Tom Gonzales, seconded by Branch and passed, that the foregoing requested authority be granted. There being no further business to come before the Council, motion by Lozano, seconded by Ricardo Gonzalez and passed, that the meeting be adjourned at 4:05 p.m., May 22, 1974.