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HomeMy WebLinkAboutMinutes City Council - 05/29/1974• MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING May 29, 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 City Secretary T. Ray Kring Mayor Jason Luby called tjie meeting to order in the Council Chamber of the City Hall. The Invocation was given by Dr. G. A. Summers, D.C., Waldron Road Baptist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Ricardo Gonzalez, seconded by Lozano and passed, that the minutes of the Regular Meeting of May 15, 1974, 2:00 p.m., and of the Special Meeting of May 15, 1974 at 4:00 p.m., be approved as presented to the Council. Mayor Luby announced issuance of proclamations as follows: SMALL BUSINESS WEEK, May 19 through 25, 1974; GREAT GATSBY WEEK, June 16 through 22, 1974; and EXPLOSIVE WAR SOUVENIER SURRENDER WEEK, May 29 through June 4, 1974. Mayor Luby presented Certificates of Commendation to the following local highschool students selected by the American Legion to attend Boys State, designating them as good will ambassadors of the "Sparkling City by the Sea". Col. Charles Keranen explained the purpose of Boys State, stating it is sponsored by the American Legion, operating in 47 states, and is for the purpose of training and educating today's youth in respect, attitude, and responsibilities in American citizenship. Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented the following requests and recommendations with explanations and comments as follows: a. That a public hearing be held, June 19, 1974, Special meeting, at 3:00 p.m., on the following zoning applications: (1) Mr. H. E. Savoy - "R -1B" to "R-2", located on the east side of McDonald Street south of Matlock Street. (2) City Planning Commission - "B-1" to "B-4", located on both sides of South Padre Island Drive at Manor Drive. (3) Mr. Seymour Mendell - "R -1B" and "R-2" to "A-2", located south of Sparkle Sea Drive and east of Rodd Field Road. • • Minutes Regular Council Meeting May 29, 1974 Page 2 b. That bids be received at 11:00 a.m., Tuesday, June 18, 1974 for a three cubic yard dragline for the Sanitation Division. The equipment will be paid for out of revenue sharing money appropriated out of the third entitlement period for landfill equipment. The equipment being replaced is a 1-1/2 cubic yard 1944 dragline. c. That the contract for operation of the Massey Street Car Pound and the removal of abandoned vehicles be renewed for one year with Mr. Richard Hinojosa. Under the car pound contract, Mr. Hinojosa is paid an annual payment of $14,600.00. In addition, he receives a towing fee of $10.00 and a storage fee of $1.00 per day for each car towed to the pound. If the direct income from the towing and storage fees exceeds the cost of operating the pound for any 3 -month period, the City reserves the right to renegotiate the amount of the annual payment. During the last year, the direct income exceeded the direct costs of operation in only one month. Under the abandoned car contract, the City receives $4.85 for each car towed to the abandoned car pound on O'Neal Road. Mr. Hinojosa receives the money from the sale of the vehicle or from the $10.00 towing fee and $1.00 per day storage fee if the car is reclaimed. The estimated income from this contract during the next year is $3,026.40. Renewal of this contract is recommended because last time only one other bid was received and the bidder did not honor his bid and also Mr. Hinojosa has performed well under the contract. d. That the public hearing on the assessments for sidewalk improvements along Horne Road, from Naples to Ramsey and along Ramsey to Houston Street, be closed and the corrected assessment roll be adopted. e. That Change Order No. 1 to the Horne Road Project, McArthur to Naples, be approved for construction of an additional 710 feet of 4' wide sidewalk on the north side of Ramsey Street from Houston Street to Horne Road. The total change order is $2,499.20. Contingency funds to cover this construction were previously appropriated. The public hearing on assessments for this sidewalk construction was held on May 22, 1974. f. That Asphalt Maintenance Company, Inc. be awarded a contract in the amount of $46,574.05 for the construction of an additional 50 car parking lot at the south end of Cole Park; for site improvements at the Corpus Christi Museum near the new Corps of Engineers' facility; for concrete sidewalk repair on the Peoples • Minutes Regular Council Meeting May 29, 1974 Page 3 Street T -Head and for minor realignment work at the Louisiana Avenue -Ocean Drive intersection. Five contractors submitted bids. g. That the execution of a six months' extension to the Annual Arraige- ment Agreement with the U.S. Department of Housing and Urban Development be authorized. The Annual Arrangement document currently in effect is scheduled to terminate June 30, 1974. However, HUD has requested confirmation from the City to extend the agreement through December 31, 1974. Authority to sign the current document was granted by Council motion on May 30, 1973. h. That authority be granted to submit a request to amend the existing Neighborhood Improvement Program contract with the Department of Housing and Urban Development, by extending the grant period to December 31, 1974 and increasing the grant amount by $250,000, The local share of $125,000 will be provided from existing public improvements in the project areas. i. That the ordinance regulating activities at Lake Corpus Christi, be amended to allow fishing from the old Corpus Christi Dam and to establish a "No Wake" zone across the inlet to the State Park. Recently, an amendment was authorized to the camp grounds lease to allow conversion of the old dam into a fishing pier. The Texas Parks and Wildlife Department, operator of the Lake Corpus Christi Park, has requested establishment of the "No Wake" zone to better protect persons swimming and fishing in the inlet area. Present regulations prohibit boats going in excess of 4 mph within 300' of the shoreline. The Parks and Wildlife Department will be responsible for the construction and maintenance of the "No Wake" buoys. j. That Ordinance No. 11868 authorizing the lease of certain City properties to the Federal Aviation Admistration for the installation of Approach Light Lane and Instrument Landing System for Runway 17-35, be amended to widen the light lane needed for the system from 25' to 50' and to provide an access road necessary to service the system. The light lane needs to be widened to provide sufficient room for service vehicles needed to service the lights. k. That an agreement be authorized with the State of Texas for installa- tion, operation, and maintenance of traffic signals at the intersection of Padre Island Drive with Kostoryz Road, Staples Street, and Airline Road. The Highway Department will install the signals. The City will maintain them and pay for electrical operating costs. The signals will hang from mast arms rather than from wires. • Minutes Regular Council Meeting May 29, 1974 Page 4 1. That a contract be approved with the TML Workmen's Compensation Fund to provide workmen's compensation through a fund pool of self-insured Texas political subdivisions. The contract will guarantee that the cost to the City will not exceed 75% of the standard premium and 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 in excess of 60% of total premium. In other words, the City will have no 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 approximately $541,495 if existing insurance were continued with the City also receiving a dividend based on fund experience and interest earn- ings on reserves. The contract will be for 3 years, effective July 1, 1974, cancellable by the City on 60 days notice. m. That an application be submitted to the Coastal Bend Manpower Consortium to apply for a federal grant from the Department of Labor under 'title II of the Comprehensive Employment and Training Act of 1973 to provide employment for unemployed persons in needed public service areas. It is proposed that 40 positions within City operations be funded under the grant and recruitment will be from census tracts with high rates of unemployment. It is further recommended that applications be submitted under Title I of the Act for the City -sponsored Work Experience Program for approximately $625,000 and the Central Manpower Administration for approximately $156,000 and that the overall manpower application be approved for submission by the City as the administrative unit. n. That Subsections (d) and (e) of Section 15-3 of Chapter 15 of the City Fire Prevention and Protection Code be amended. These sections prohibit aboveground storage of flammableliquids except in heavy industrial areas and there only with a special Council permit. The zoning ordinance only allows such storage in "I-3" and requires approval by the Board of Adjustment. The special permit requirement of the Code duplicates the zoning ordinance provision and is thus recommended for deletion. o. That the ordinance which provided for the issuance of $100,000 in Bonds for convention facilities, be repealed. • Minutes Regular Council Meeting May 29, 1974 Page 5 p. That Ordinance No. 12025 to change the zoning on 1.869 acres out of Lot 1, Section 28, Flour Bluff & Encinal Farm & Garden Tracts (Skyland Developers), be corrected to grant "B-3" Business District rather than "B-4". This zoning request was heard by the City Council on April 24, 1974 at which time the Council approved "B-3" in lieu of the requested "B-4". Hence the ordinance correction is requested. Mr. Baxter Jackson and Mr. Murray Reid, representatives of the Corpus Christi Association of Independent Insurance Agents, spoke in opposition to the City Manager's recommendation "1" , "requesting approval of a contract with Texas Municipal League Workmen's Compensation Fund providing workmen's compensation through a fund pool of self-insured Texas political subdivisions." Mr. Jackson pointed out weaknesses in the TML plan and stated it would be to the City's advantage to stay with the private insurance which had proposed a policy that would be cheaper than the TML plan. The two proposals were discussed at length by the opponents, Council, and the City Manager, after which Mr. Townsend affirmed his opinion that the TML plan was best for the City, and that this was the unanimous opinion of his staff. Mr. Oscar Soliz, District Clerk of Nueces County, appeared in connection with the City Manager's recommendation "that an application be submitted to the Coastal Bend Manpower Consortium for a federal grant from the Department of Labor under Title II of the Comprehensive Employment and Training Act of 1973 to provide for unemployed persons in needed public service areas." He requested that 10 of the 40 positions granted the City be allotted to the County. He explained that the County had been given job positions under previous federal programs but new regulations put the positions, or power to distribute them, under the City. Mr. Soliz stated he was representing the Commissioners Court in making the request and presented a letter signed by County Judge Bob Barnes to this effect. City Manager Townsend pointed out that the reduction in revenue sharing funds had created financial problems for the City, that something could probably be worked out with the County later, but the application must be submitted immediately. He stated it would be to the advantage of the City in making the application to keep all positions. It was agreed that a joint meeting between the City and the County be arranged at a later date and if some agreement is reached to give the County some of the positions, an amendment to the program's budget could be made. Mr. Townsend Minutes Regular Council Meeting May 29, 1974 Page 6 stated he would make further recommendation relative to Mr. Soliz' request. Motion by Lozano, seconded by Branch and passed, with Ricardo Gonzalez voting "Nay" on Item "1", that the City Manager's Reports, Items "a" through "p" be accepted, and the requests and recommendations be granted and approved as presented. 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 southwest 749.89 feet of Block 4, J. C. Russell Farm Blocks, on which a public hearing was held October 17, 1973 and tabled pending the applicant submitting a detailed statement as to his intended use of the property and deed restricting it against the sale of alcoholic beverages. He explained that on April 17, 1974, the Council extended the time for final action for 45 days and denied the "I-2" but in lieu thereof granted "B-4" on the center 1/3.rd and "A-2" on the east 1/3rd of the tract provided the developer deed restricted the east 2/3rds against the sale of alcoholic beverages. He stated that the 45-day extension will expire May 31st, that the deed restrictions have been mailed, that it is his recommendation that the ordinance be brought forward and passed, but that the Mayor's signature be withheld pending actual receipt of the deed restrictions. Motion by Branch, seconded by Acuff and passed, that Application #973-7, Lynn Gray (Jim Wheeler, Trustee), for change of zoning from "R-1B" to "I-2" on the southwest 749.89 feet of Block 4, J. C. Russell Farm Blocks, located on the northeast corner of South Padre Island Drive and Bear Lane, be denied, but in lieu thereof "8-4" General Business be granted on the middle one-third and to "A-2" on the east one-third of the southwest 749.89 feet of Block 4, J. C. Russell Farm Blocks, and an ordinance be brought forward effectuating the change, with the provision that the Mayor's signature be withheld pending receipt of the deed restrictions. Mayor Luby announced the public hearing on Application #474-17, Jo Alan Spears, for change of zoning from "I-2" Light Industrial District to "B-3" Business District on 1.189 acres out of a 5.70 acre tract out of Block 20, J. C. Russell Farm Blocks and out of a 30.11 acre tract out of the original Tom Whelan Tract, located on the east side of Navigation Boulevard, between I.H. 37 and Savage Lane. The request was heard by the Planning Commission April 30, 1974, and forwarded to the Council with the recommendation that it be approved as a logical use of the property, and the Staff concurred in this recommendation. 111/1 • Minutes Regular Council Meeting May 29, 1974 Page 7 No one appeared in opposition to the recommendation of the Planning Commission. Motion by Stark, seconded by Lozano and passed, that the hearing be closed. Motion by Ricardo Gonzalez, seconded by Branch and passed, that Applica- tion #417-4, Jo Alan Spears, for change of zoning from "I-2" Light Industrial District to "B-3" Business District on 1.189 acres out of a 5.70 acre tract out of Block 20, J. C. Russell Farm Blocks and out of a 30.11 acre tract out of the original Tom Whelan Tract, be approved as requested and an ordinance be brought forward effectuating the change. ORDINANCE NO. 12087 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY PARTICULARLY AMENDING CHAPTER 15. FIRE PREVENTION AND PROTECTION, SEC. 15-3. SAME -AMENDMENTS, SUBSEC- TIONS (d) AND (e) THEREOF; PROVIDING 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". SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A FIVE-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 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 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 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 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 PARKIN( 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 LOTS IN THE BUSINESS AREAS OF THE CITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Acuff, Luby, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". Minutes Regular Council Meeting May 29, 1974 Page 8 ORDINANCE NO. 12088 AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE STATE OF TEXAS FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF HIGHWAY SIGNALPROJECTS AT THE FOLLOWING INTERSECTIONS: 1. PADRE ISLAND DRIVE AND KOSTORYZ ROAD; 2. PADRE ISLAND DRIVE AND STAPLES STREET; AND 3. PADRE ISLAND DRIVE AND AIRLINE ROAD, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH I5 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: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12089 AMENDING THE CORPUS CHRISTI CODE, 1958, AS AMENDED, BY AMENDING SECTION 9-76 THEREOF SO AS TO MORE CLEARLY DEFINE THE AREAS COVERED BY SAID SECTION; AND BY AMENDING SECTION 9-78 OF SAID CODE SO AS TO PROVIDE A "NO WAKE" ZONE ACROSS THE INLET TO LAKE CORPUS CHRISTI STATE PARK; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; 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. 12090 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE NECESSARY GRANT APPLI- CATIONS UNDER TITLE I, TITLE II AND TITLE III OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973, AND FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE NECESSARY GRANT APPLICATIONS ON BEHALF OF THE CITY AS THE ADMINISTRATIVE UNIT OF THE COASTAL BEND MANPOWER CONSORTIUM; 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. 12091 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, AS MORE FULLY DESCRIBED HEREINAFTER SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1A" ONE FAMILY DWELLING 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 IN PARTICULAR REPEALING ORDINANCE NO. 12025; 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". • Minutes Regular Council Meeting May 29, 1974 Page 9 ORDINANCE NO. 12092 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 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, AND FINDING AND DETERMING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITTED 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 COLLEC- TION; 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. 12093 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXERCISE THE CITY'S OPTION TO RENEW THE ABANDONED CAR CONTRACT WITH RICHARD HINOJOSA IN ACCORDANCE WITH PARAGRAPH XI THEREIN, A COPY OF SAID CONTRACT BEING ATTACHED HERETO AND INCORPORATED HEREIN, AND MARKED EXHIBIT "A"; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXERCISE THE CITY'S OPTION TO RENEW THE CITY POLICE POUND CONTRACT WITH RICHARD HINOJOSA IN ACCORDANCE WITH PARAGRAPH X THEREIN, A COPY OF SAID CONTRACT BEING ATTACHED HERETO AND INCORPORATED HEREIN AND MARKED EXHIBIT "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. 12094 AUTHORIZING THE CITY MANAGER TO SUBMIT A REQUEST TO AMEND THE EXISTING NEIGHBORHOOD IMPROVEMENT PROGRAM CONTRACT APPLICABLE TO PROJECT TEX E-21, AIRPORT PARK AND LEXINGTON SUBDIVISION AREAS WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, SAID CONTRACT HAVING BEEN AUTHORIZED BY ORDINANCE NO. 11037, PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST 15, 1972, AND TO EXECUTE SUCH AMENDED CONTRACT WHEN APPROVED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SO AS TO EXTEND THE GRANT PERIOD TO DECEMBER 31, 1974, AND TO INCREASE THE GRANT AMOUNT BY $250,000, THE LOCAL SHARE OF $125,000 TO BE PROVIDED FROM EXISTING PUBLIC IMPROVEMENTS IN THE PROJECT AREAS; 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. 12095 AMENDING ORDINANCE NO. 11868, PASSED AND APPROVED ON JANUARY 9, 1974, WHICH ORDINANCE AUTHORIZED THE CITY MANAGER TO EXECUTE A LICENSE WITH THE UNITED STATES OF AMERICA FOR USE BY THE FEDERAL AVIATION ADMINISTRATION OF AN AREA AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT FOR INSTALLATION AND OPERATION OF MALSR, INSTRUMENT LANDING SYSTEM SITES, M/M, GLIDE SLOPE & LOCALIZER FACILITIES, BY SUBSTUTITING A NEW EXHIBIT "A", REVISED APRIL 2, 1974, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; 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". Minutes Regular Council Meeting May 29, 1974 Page 10 ORDINANCE NO. 12096 REPEALING ORDINANCE NO. 12036, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 8, 1974, WHICH ORDINANCE CAPTION READS AS FOLLOWS: "BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, PROVIDING FOR THE ISSUANCE OF $100,000 CITY OF CORPUS CHRISTI, TEXAS, CONVENTION FACILITY BONDS, SERIES 1974, BEARING INTEREST AT THE RATES HEREINAFTER SET FORTH, AND PROVIDING FOR THE LEVY, ASSESSMENT AND COLLECTION OF A TAX SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AND TO CREATE A SINKING FUND FOR THE REDEMPTION THEREOF AT MATURITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND DECLARING AN EMERGENCY" 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. 12097 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ASPHALT MAINTENANCE COM- PANY, INC. FOR CONSTRUCTION OF COLE PARK, SCIENCE PARK, AND T -HEAD IMPROVEMENTS AND LOUISIANA AVENUE - OCEAN DRIVE INTERSECTION IMPROVEMENTS; APPROPRIATING $50,000, INCLUDING $46,574.95 FOR THE CONSTRUCTION CONTRACT AND $3,425.95 FOR CONTINGENCIES AND INCIDENTAL EXPENSES FROM THE VARIOUS FUNDS AND APPLICABLE PROJECTS AS MORE FULLY SET FORTH HEREINAFTER; AND DECIARING 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. 12098 AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO CONTRACT WITH OTHER CITIES AND POLITICAL SUBDIVISIONS AS EMPLOYER MEMBERS, THROUGH AND WITH THE TEXAS MUNICIPAL LEAGUE WORKMEN'S COMPENSATION JOINT INSURANCE FUND TO PROVIDE WORKMEN'S COMPENSATION AND THROUGH A FUND POOL OF SELF-INSURED TEXAS POLITICAL SUBDIVISIONS, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT"A"; AUTHORIZING RETAINER BY THE CITY ATTORNEY; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Thomas Gonzales, Lozano and Stark, present and voting "Aye"; Luby and Ricardo Gonzalez voting "Nay". ORDINANCE NO. 12099 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 LYNN GRAY (JIM WHEELER, TRUSTEE) BY CHANGING THE ZONING FROM "R -1B" ONE FAMILY DWELLING TO "8-4" GENERAL BUSINESS DISTRICT ON THE MIDDLE ONE-THIRD AND TO "A-2" ON THE EAST ONE-THIRD OF THE SOUTHWEST 749.89 FEET OF BLOCK 4, J. C. RUSSELL FARM BLOCKS, ALL AS MORE FULLY DESCRIBED HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS ON 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". • Minutes Regular Council Meeting May 29, 1974 Page 11 ORDINANCE NO. 12100 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 JO ALAN SPEARS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A 1.189 TRACT OUT OF A 5.70 ACRE TRACT OF LAND OUT OF BLOCK 20, J. C. RUSSELL FARM BLOCKS AND OUT OF A 30.11 ACRE TRACT OF LAND OUT OF THE ORIGINAL TOM WHELAN TRACT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "I-2" LIGHT INDUSTRIAL 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". Motion by Acuff, seconded by Lozano and passed, that the Regular Meeting be adjourned. * * * * * The Council held the regular meeting of the Corpus Christi Municipal Gas Corporation following the regular meeting. Also the Council held a brief workshop meeting at which time City Manager Townsend provided the Council with data pursuant to the selection of an independent auditor for the fiscal year 1973-74. He stated the staff had made a survey to determine the availability of proposals for the annual audit and a request thatthose interested submit their qualifications and experience, and that this information is being furnished the Council. He explained that it should not be the role of the staff to select an "auditor to audit the staff" but should be determined by the Council. Commissioner Lozano stated it is his opinion that the selection of the auditors should be rotated the same as is practiced in the selection of engineers and architects. He asked that Mr. Arturo Vasquez be considered. Mr. Townsend pointed out that no action should be taken at this meeting in view of the posting of notice on open meetings, but the matter would be placed on next week's agenda for discussion. Mayor Luby reconvened the Regular Meeting and the following action was taken: Motion by Lozano, seconded by Tom Gonzales and passed, that the minutes of April 24, 1974 be amended to reflect the Council's intent to authorize publication of notice to bidders for the construction of the Airport Tower Expansion, ordaining other matters relating to the subject, and approving Ordinance No. 12011.5 as an addition to said minutes. • Minutes Regular Council Meeting May 29, 1974 Page 12 There being no further business to come before the Council, motion by Acuff and passed, that the Regular Meeting be adjourned at 4:15 p.m., May 29, 1974, 1, JASON LUBY, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of May 1, 1974, to May 29, 1974, inclusive, and having been previously approved by Council action, are by me hereby approved. JASOl4'LUBY, Mayor City of Corpus Christi, Texas