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HomeMy WebLinkAboutMinutes City Council - 07/24/1974MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 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 City Attorney James R. Riggs Assistant City Secretary Bill G. Read Mayor Jason Luby called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Commissioner Branch in the absence of the Invited Guest Chaplain. Assistant City Secretary Bill G. Read called the roll of those in attendance. Motion by Lozano, seconded by Ricardo Gonzalez and passed, that the minutes of the Regular Council Meeting of July 10, 1974, be approved as sub- mitted to the Council. Commissioner Stark, expressing deep sorrow on receiving the letter of retirement of City Secretary T. Ray Kring who has served the City for twenty- nine (29) years, made the motion that: (1) An Assistant City Secretary desig- nated as Administrative Assistant to the Mayor at Grade 32 be hired by the Mayor and answerable only to the Mayor; (2) That Assistant City Secretary Bill G. Read be promoted to fill the vacancy of City Secretary; (3) That Mrs. Mary Edna Meador, secretary to the City Secretary, be promoted to the position of Assistant City Secretary at Grade 32 to fill that vacancy. The motion was seconded by Branch and passed, Luby voting "Nay". Mayor Luby stated it was difficult for him to express in words his sorrow that Mrs. Meador, who served for 19 years, did not receive the position of City Secretary. He welcomed Bill Read to the position and added he would work with Mr. Read. Mayor Luby announced the scheduled Public Hearing on the proposed 1974-75 Budget. • • Minutes Regular Council Meeting July 24, 1974 Page 2 City Manager Townsend distributed copies of a Budget Summary and stated the new budget was based on a very tight financial situation. Mayor Luby and Councilmen asked City Manager Townsend specific questions relating to the City's operations. Several groups seeking money came before the Council explaining their reasons for their requests. At this point the discussion evolved to the question about the controversy on pay for ambulance drivers. Commissioner Ricardo Gonzalez recommended that ambulance drivers be placed at the same level as Firefighter II's. City Manager Townsend explained to the Council that the drivers now classified Firefighters I were asking for the pay of Firefighters II's but that this was not allowed by state law. He added that the only way the law allows for firemen or policemen's pay increases is by competitive testing to move from one grade to another. Mayor Luby and Council requested that a resolution be sent to the legislature that Article 1269m be amended to show that EMT is an educational attainment. Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. Dr. McIver Furman, residing at 221 Jackson Place and Chairman of the Goals for Corpus Christi steering committee, came before the Council. Dr. Furman explained the group's intentions, their goals, and the reasons why the committee was seeking fund assistance in the amount of $25,000 from the City. Richard Hatch, residing at 2802 Denver, said his group, Corpus Christi Symphony, needed $16,000 to match the amount in federal funds• to continue their work. He stated that he felt it was an oversight that their request had been excluded from the budget this year. He explained his groups services, and re- quested the City's financial assistance. City Manager Townsend stated that in previous years the City's portion had been appropriated from the Gas Department's fund but that this year the de- partment could not afford it due to rising gas costs. • Minutes Regular Council Meeting July 24, 1974 Page 3 Mr. Jack Dunphey, residing at 5400 Saratoga Blvd., and Jim Williams, residing at 329 S. Morningside, spoke in behalf of the Community Development Corporation. They expressed their appreciation to the Council and City staff for recommending they be included in the budget but added that one area they desired assistance in had been excluded. The group were seeking fund assistance in the amount of $4,500 to help with travel expenses of five VISTA workers who would be employed by the CDC for the ensueing year. Mrs. Beth Woolsey, Chairman of the Nueces County Mental Health -Mental Retardation Center, stated their organization was requesting fund assistance from the City in the amount of $69,220 to match $509,649 that would be coming from the federal government. Mrs. Ruth O'Brien, Chairman of the Museum Advisory Board, came before the Council to reiterate the Board's petition for reclassification of one of the employees of the Museum from Grade 22-D to 31 A, Administrative Assistant. She explained the subject employee had been performing in this capacity for seven years. No one appeared to speak against the proposed 1974-75 budget. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the public hearing be recessed until next Wednesday. Mayor Pro Tem Acuff, in the temporary absence of Mayor Luby, called for the City Manager's Reports, and City Manager Townsend presented requests and re- commendations with related comments and explanations as follows: a. That a public hearing be held on September 4, 1974, at 3:30 p.m., Special Council Meeting, on the following zoning applications: (1) First Calvary Baptist Church - "R -1B" to "B-1", located on the northwest corner of Sabinas & Easley Streets. (2) Mr. Ricardo V. Cruz - "R -1B" to "B-1", located on the southeast corner of Nogales & Eisenhower Street. (3) Teas Trailers, Inc. - Exception to Standard Screening Fence Requirement along south property line, located on the south side of Leopard Street at Hunter Road. (4) Jewel Homes, Inc. - "R -1B" to "B-1", on Tract A and to "I-2" on Tract B, located on the north side of Padre Island Drive between Greenwood Drive and Crosstown Expressway. • Minutes Regular Council Meeting July 24, 1974 Page 4 (5) Dr. William P. Tipton and Mr. Harvey Johnson - Exception to Standard Screening Fence Requirement, located on the east side of Everhart Road between Williams and Curtis Clark Drives (along 3 sides). b. That a three-year contract be awarded to Honneywell, Inc. for maintenance of temperature control equipment at City Hall, the Utilities Building and La Retama and Greenwood Libraries for $1,850 annually and to Powers Regulator Company for the Police Building, Corpus Christi Museum, International Airport and Parkdale Library, for $4,000 annually. Bids were received from two firms. Price comparison shows this to be a 36% increase over previous bids. (Bid Tab 033-74) c. That contracts be awarded to the following firms to furnish the City's 1974-75 annual requirements of the items indicated: (Bid Tab 034-74) McALLEN PIPE & SUPPLY CO., Corpus Christi (Cast Iron Tapping Sleeves and Valves - Lots I, II, III $ 16,523.21 TRANS-TEX SUPPLY CO., San Antonio (Caulking 2,324.67 and Tools & Drill Bits) -Lots I, II, III B. L. HENDERSON & SON, INC., Houston (Commercial 17,280.00 Fertilizer) ACME WINDOW CLEANING, INC., Corpus Christi 1,320.00 (Custodial Services, Lot I) ARMSTRONG BUILDING MAINTENANCE, Corpus Christi 20,028.00 (Custodial Services, Lot II) GRAYBAR ELECTRIC CO., INC., Corpus Christi 8,965.84 (Electrical Supplies, Lot I, III) GENERAL ELECTRIC SUPPLY CO., Corpus Christi 9,398.12 (Electrical Supplies, Lot II, IV, V) McALLEN PIPE & SUPPLY CO., Corpus Christi 19,356.31 (Fire Hydrants) TEXAS INDUSTRIES, INC., Corpus Christi (RAM 3,983.60 Nek Flexible Plastic Gaskets) GULF STAR FOUNDRIES, INC., Corpus Christi 36,462.93 (Foundry Items) Lot I, II, III, IV SOUTH TEXAS LINEN SERVICE, Corpus Christi 6,859.93 (Linen & Towel Service) NORVELL WILDER SUPPLY CO., Corpus Christi 29,271.78 (Lubricated Plug Valves, Lots I, II) • Minutes Regular Council Meeting July 24, 1974 Page 5 GUNDERLAND MARINE SUPPLY, INC., Corpus Christi $ 7,864.90 (Manila & Wire Rope, Chain, Clamps & Hooks) BIG THREE INDUSTRIES, INC., Corpus Christi 2,666.89 (Oxygen & Acetylene) ACE PEST CONTROL, Corpus Christi (Pest Control 2,274.00 Service) R. H. BAKER & CO., INC., Los Angeles (Pipe Repair 34,417.90 Clamps, Couplings & Adapters, Lot I, III, IV) MUELLER COMPANY, Decatur, Illinois (Pipe Repair 132.50 Clamps, Couplings and Adapters, Lot II) DRESSER MFG. DIV., Houston, (Pipe Repair Clamps, 19,253.91 Couplings & Adapters, Lot V, VI, VII) GRANT TOTAL $238.385.49 That the only bid of $5,272.96 received on tapping saddles by R. H. Baker Co. be rejected as it does not meet material specifications. The alter- native bid offered by the Norvell Wilder Company of $11,135.31 on Lot I and $15,208.92 on Lot II, lubricated plug valves, did not meet specifications as we requested shipments to be made F.O.B. Corpus Christi, and they quoted F.O.B. shipping point. Bids were received from 46 firms and a price comparison reveals an average price increase of 35.787. d. That contracts be awarded to the following firms to furnish the City's 1974-75 annual requirements of the items indicated:(Bid Tab 035-74) REFRIGERATION SALES CO., INC., Long Island, N.Y. (Air Conditioning Refrigerants) AIR FILTER SYSTEMS, Corpus Christi (Air Filter Service) BRANCE KRACHY CO., INC., Corpus Christi (Anodes) SOUTHIAND BATTERY WAREHOUSE, Corpus Christi (Automotive & Flashlight Batteries Lots I, II) NORVELL WILDER SUPPLY CO., INC., Corpus Christi (Automotive & Flashlight Batteries Lot III) ZARSKY LUMBER CO., Corpus Christi (Bag Portland Cement) WATSON DISTRIBUTING CO., INC., San Antonio (Bermuda Grass Seed) A. Y. McDONALD MFG. CO., INC., Dubuque, Iowa (Brass & Iron Service Fittings, Lot I, II) $ 3,369.74 2,421.00 9,325.94 23,148.65 3,185.09 5,025.00 4,675.00 39,443.64 Minutes Regular Council Meeting July 24, 1974 Page 6 SOUTH TEXAS MATERIALS CO., Corpus Christi (Bricks, Lot I) TEXAS INDUSTRIES, INC., Corpus Christi (Bricks, Lot II) CENTEX CEMENT CORP., Corpus Christi (Bulk Portland Cement) WESTERN PIPE & SUPPLY CO., Houston (Cast Iron Ductile Iron and/or Asbestos Cement Pipe, Lots I, II, III and V) $ 4,133.64 3,861.20 5,332.06 269,614.44 McALLEN PIPE AND SUPPLY CO., Corpus Christi (Cast 125,317.26 iron, ductile iron, and/or asbestos cement pipe Lots IV and VI) $498,852.26 The apparent low bids of $120,975.90 and $121,267.89 submitted by Perry Shankle and Johns Mansville Company, respectively, on Asbestos Cement Pipe, Lot IV, did not meet our requirements of delivery within 24 hours notice. They bid deliveries of 30-60 days. The apparent low bid of $2,600 by Tropical Supply, Inc. on Automotive and Flashlight Batteries, Lot III, did not meet specifications because standard instead of industrial flashlight batteries were bid. Bids were received from 40 firms. A price comparison shows an average price increase of 39.3L. e. That 11 bids received for a three cubic yard crawler dragline be rejected. Since the receipt of bids, the usage of the City's two sanitary landfills has changed. Private haulers are now using the Elliott Fill rather than the Westside Fill concentrating more refuse in the Elliott Fill. The dragline specifications were designed to place a large machine at the Westside capable of moving greater amounts of fill material from the pits. With the load shifting to the Elliott Fill, a potential savings can be realized by the purchase of a smaller dragline. It is anticipated that the dragline will be used approximately 50% of the time by the Street Division in the cleaning out, widening, and deepening of drainage ditches and the smaller dragline would be more satisfactory for this operation. New specifications will be prepared and recommended in the near future. (Bid Tab 36-74) f. That the public hearing on the preliminary assessments be closed and the assessment roll be adopted for the following streets: Minutes Regular Council Meeting July 24, 1974 Page 7 (1) Sarita Street, from Morgan Avenue to Baldwin Boulevard (2) Niagara Street, from Belton Street to Burnet Street (3) Bertram Street, from Belton Street to Burnet Street, and (4) Everhart Road, from 300' south and 370' north of the frontage roads adjacent to South Padre Island Drive. The total assessment is $79,293.04 and involves 135 items. It is further recommended that a contract for the construction of the above streets be awarded to H -S Green Company for $263,104.34 and $280,000 be appropriated to cover the contract award plus engineering contingencies and related expenses. g. That condemnation proceedings be authorized to acquire a 3.4377 acre tract of land required for the Softball Complex Project owned by Mr. Alfonso M. Gonzales, et al. Negotiations for acquisition have failed. This land will be an expansion of Greenwood Park. h, That International Aerial Mapping Company of San Antonio be retained to provide new Corpus Christi aerial flight photographs for the total City limits (excluding water) as well as some portions of property to the south of the City, along the Nueces River, and along the Causeway. The approximate boundary of the flight would be Oso Creek. Approximately 282 aerial photographic sheets, both reproducible positives and glossy prints would be provided on a 1" _ 200' scale for a total fee of approximately $17,050.00. The flight would be made in December, 1974 or January, 1975 when foliage is low in the City. Money is budgeted in the 1973-74 budget for the aerial maps. i. That Romeo Garcia be hired as the Professional Advisor for the Architectural Design Competition for the Band Shell in Cole Park, and that $5,000.00 be approved as the maximum professional advisors fee. j. That a 15' utility easement located near the northwest corner of Everhart Road and Saratoga Boulevard be abandoned. There are no utilities in the easement and the affected City departments concur in the recommendation. k. That resolutions be passed directed to the United States Congress, the State Legislature, Railroad Commission, and the Governor relating to in- creased scarcity and cost of natural gas and inequitable pricing of intrastate gas compared to interstate gas. • Minutes Regular Council Meeting July 24, 1974 Page 8 1. That $29,741.58 be appropriated out of the Park Bond Fund and $2,507.09 be provided from existing contingency bond and trust fund appropriations for a total of $32,248.67 for reimbursement to the General Fund for Improvements to South Side Park, Glen Arbor Park, Surrey Park, Kingston Park, Country Club Park, Bayfront Open Space Parks, West Guth Park, and Nueces River Park, for the period of May 1, 1974 through July 8, 1974. The improvements include shelter and play- ground equipment in Southside Park ($3,644.91), irrigation system, discing, fertilization and grass on Glen Arbor Park ($14,367.46), irrigation system, discing, fertilization, grass, a fence, and shelter in Surrey Park ($3,684.79), a softball backstop in Kingston Park ($1,294.01), irrigation system in Country Club Park ($6,750.41), planting of oleanders in the park near Palmetto Street and clearing and cleaning in the park between Ropes and Sinclair Streets in the Bay- front Open Space Park ($622.14), drainage improvements to West Guth Park ($292.84), and installation of a water main in Nueces River Park ($1,592.11). m. That an agreement be authorized between the City as the administra- tive unit of the Coastal Bend Manpower Consortium and the San Patricio County Community Action Agency under Title I of the Comprehensive Employment and Training Act of 1973 as recommended by the Executive Board of the Consortium. The program will provide labor market information, job development, job referral and placement services to rural residents in the 12 -county Coastal Bend region. The agreement provides $127,960 for the program for one year ending June 30, 1975. n. That Mobile Oil Corporation be granted a permit to drill a well in State Tract #751. The well is to be drilled as a straight hole to a depth of 12,000 feet. It was also recommended that a letter of indemnification be accepted from Mobile Oil Corporation in lieu of the insurance and bonding requirements of the Bay Drilling Ordinance. The ordinance allows the acceptance of such a letter if it is accompanied by a balance sheet and financial statement certified by a public accountant showing the net worth of the permittee to be in excess of $10,000,000. Such a statement has been received from the company. A similar letter was accepted from the company in 1968 when they received permission to drill a land well. All other provisions of the Bay Drilling Ordinance have been complied with. • Minutes Regular Council Meeting July 24, 1974 Page 9 o. That the Garbage, Trash and Waste Ordinance be amended to increase the rates for the disposal and collection of garbage, trash and other wastes and to require that private haulers applying for a permit be required to submit, in addition to a list of customers, a list showing the number of containers which they have, their size and the frequency of collection along with a list of their vehicles and where the vehicles are stored when not in use. The proposed new rates are as follows: Category Present Rate Proposed Rate Residential -Disposal Commercial -Disposal Collection -Residential Additional charge for back door pickup Collection -Commercial Private Hauler Permits New Rates for OCL -Disposal $ .30/dwell/month .90/40 CY/month 2.50/dwell/month 2.50/dwell/month 5.00/40 CY/month 24.00 $ .50/dwell/month .90/4 CY/month 2.70/dwell/month 2.70/dwell/month 5.40/4 CY/month 50.00; $100 OCL X 1.50/4 CY/month X 1.00/dwell/month p. That the following adjustments be made in utility rates to be effective with Cycle 1 of the September, 1974 billings: (1) That water rates be increased approximately 20% to offset the rising cost of services and to provide sufficient money to replace 1/5th of the Baldwin -Staples water main. (2) That wastewater rates be increased to offset the rising cost of services and to make the Wastewater Services Fund self-supporting except for debt service. Residential in- creases will range from 15.6% to 18.4% while commercial and industrial rate increases will range from 16.6% to 41.6%. (3) That gas rates be increased approximately 22% to offset the rising cost of services and to keep the Gas Fund self- supporting. q. That the homestead exemption for persons 65 years of age or older be increased from $3,000 to $4,000 back to January 1, 1974, to help compensate for the rising cost of living and property reevaluations on those on fixed incomes. r. That the following amendments be made to Utility Office charges: (1) That a $2.00 service charge be established for the issuance of a bad check to the Utility Office if said customer has issued such a check within the past 12 months. A total of 1,961 bad checks were received during the past year entailing approximately 520 hours of work in letters, telephone calls, and service disconnects in pursuing redemption of the checks. This charge would help offset the cost involved. • • Minutes Regular Council Meeting July 24, 1974 Page 10 r. Cont'd. (2) That the charge made for reconnecting a meter after turn off due to delinquency be increased from $1.00 per service $3.00 per service call and to $5.00 if the meter is re- connected after 5:00 p.m. or on Saturdays or Sundays to more adequately reflect the cost involved. 18,368 calls for which fees were collected were made during the past year at a cost of $40,848. Revenue received totaled $29,390. (3) That the $10 charge made for resetting meters that have been removed for the reason of disconnected delinquent customers breaking locks and turning on meters be increased to $15 to more adequately cover the $13 per meter cost involved. This charge has not been increased since 1956. s. That Ordinance No. 9470 be amended to renew the franchise covering cable television on Cablevision of Corpus Christi, Inc. for 5 years unless the franchise is approved by the voters for a longer period of time. The revised franchise requires Cablevision to request an election prior to the expiration of this franchise. The franchise also provides that the Director of Public Utilities will be the responsible City official in regard to all matters affecting the franchise such as assuring proper customer relations and the Director of Engineering Services shall approve the installation of all cables that are located above ground and are to be relocated below ground. The present franchise expires August 27, 1974. Dr. Joseph Rupp, residing at 4509 Coventry Lane, expressed dissatisfaction to the proposed new franchise with Cablevision stating that areas requiring under- ground connections were not being served. He asked if there was any way the City could make Cablevision live up to their obligation. Mr. Williams Cunningham, president of Cablevision, responded that it was not their intention to deny anybody service; they have had contractors that have and walked off the jobs;/they were working as fast as they could. He added some of these areas have highway or freeway crossings making it difficult for them to install the cables. He stated that within 12 or 18 months they should have most of this work done; they had all of their engineering work done and were trying to get some people in to do the work. Motion by Stark, seconded by Acuff and passed, Luby voting "Nay on Item "p", and Stark voting "Nay" on Item "p" (1), that the City Manager's Reports, Items "a" through "s" be accepted, and the requests and recommendations be approved as presented by City Manager Townsend. Minutes Regular Council Meeting July 24, 1974 Page 11 FIRST READING OF AN ORDINANCE REPEALING CHAPTER 18 OF THE CITY CODE, 1958, ENTITLED "GARBAGE, TRASH, AND WASTES," AS AMENDED, AND IN LIEU THEREOF ADOPTING A NEW CHAPTER 18 AS HEREINAFTER PROVIDED, TO BE ENTITLED "GARBAGE, TRASH AND WASTES"; PROHIBITING THE PLACE OF WASTE MATERIALS AND MATTERS IN PUBLIC PLACES, OR THROWING WASTE OR REFUSE INTO SEWERS, MANHOLES, CATCH BASINS OR DRAINS WHICH DRAIN INTO ANY PUBLIC SEWER; PROVIDING FOR REMOVAL OF GARBAGE, TRASH AND WASTES GENERALLY; PROVIDING TERMS AND DEFINITIONS RELATIVE TO THE PROVISIONS CONTAINED HEREIN; PROVIDING FOR CREATION OF THE SANITATION DIVISION; PROVIDING FOR ADEQUATE GARBAGE AND TRASH RECEPTACLES AND THE USE THEREOF; PROVIDING FOR COLLECTION SERVICES; PROVIDING FOR DISPOSAL SERVICES; PROVIDING FOR SOLID WASTE PERMITS; PROVIDING FOR CLASSIFICATION AND CHARGES FOR REMOVAL OF GARBAGE, TRASH AND WASTES; PROVIDING FOR DUMPING PERMITS; PROVIDING FOR PENALTY FOR VIOLATION; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE MAKING FINDINGS OF FACT; AMENDING ARTICLE II, RULES AND REGULATIONS GENERALLY FOR PUBLIC UTILITIES DEPARTMENT, BY AMENDING SECTION 38-6, ADOPTION, AS AMENDED, BY ADDING THERETO A NEW PROVISION, PARAGRAPH N, ENTITLED "CUSTOMERS' CHECKS", SO AS TO PROVIDE FOR PAYMENT BY CUSTOMERS OF A $2.00 CHARGE FOR HANDLING OF CHECKS RETURNED FOR ANY REASON BY THE CITY'S BANK OF DEPOSIT; AMENDING ARTICLE V, WATER RATES AND CHARGES, BY AMENDING SECTION 38-32, CHARGES FOR RECONNECTING AND REPLACING METERS, AS AMENDED, BY DELETING THE PRESENT SECOND PARAGRAPH AND IN LIEU THEREOF ADDING A NEW SECOND PARAGRAPH TO PROVIDE FORA SERVICE CHARGE OF $3.00 PER CALL FOR RECONNECTION OF WATER SERVICE THAT HAS BEEN DISCONNECTED DUE TO FAILURE TO PAY A DELINQUENCY, EXCEPT THAT AFTER 5:00 P.M., AND ON SATURDAYS, SUNDAYS AND HOLIDAYS, SUCH CHARGE SHALL BE $5.00; AMENDING THE THIRD PARAGRAPH OF SAID SECTION 38-32 SO AS TO CHARGE $15.00 FOR METER SETTING FEE; AMENDING ARTICLE VII, GAS RATES, SECTION 38-48, CHARGES FOR RECONNECTING AND REPLACING METERS, AS AMENDED, BY DELETING THE PRESENT SECOND PARAGRAPH, AND IN LIEU THEREOF ADDING A NEW THIRD PARAGRAPH TO PROVIDE FOR A SERVICE CHARGE OF $3.00. PER CALL FOR RE- CONNECTION OF GAS SERVICE THAT HAS BEEN DISCONNECTED DUE TO FAILURE TO PAY A DELINQUENCY, EXCEPT THAT AFTER 5:00 P.M., AND ON SATURDAYS, SUNDAYS AND HOLIDAYS, SUCH CHARGE SHALL BE $5.00; AMENDING THE THIRD PARAGRAPH OF SAID SECTION 38-48 SO AS TO CHARGE $15.00 FOR METER SETTING FEE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE MAKING FINDINGS OF FACT; AMENDING ORDINANCE NO. 11613,PASSED AND APPROVED AUGUST 8, 1973, BY AMENDING CERTAIN SCHEDULES THEREIN SO AS TO INCREASE THE WATER RATES TO PROVIDE AN OVERALL INCREASE FOR CUSTOMERS USING TREATED WATER, INCLUDING MINIMUM CHARGES; AMENDING ORDINANCE NO. 9472, PASSED AND APPROVED AUGUST 27, 1969, BY AMENDING CERTAIN SCHEDULES THEREIN SO AS TO IN- CREASE WATER RATES TO PROVIDE FOR AN INCREASE FOR FIRE PROTECTION SERVICE, AS MORE. FULLY SET FORTH HEREINAFTER; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PRO- VIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Acuff, Branch, Tom Gonzales, and Ricardo Gonzalez, present and voting "Aye"; Luby and Stark voting "Nay". • Minutes Regular Council Meeting July 24, 1974 Page 12 FIRST READING OF AN ORDINANCE MAKING FINDINGS OF FACT; AMENDING SECTION 38-49, CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 11612, PASSED AND APPROVED AUGUST 8, 1973, SO AS TO PROVIDE CERTAIN I INCREASES IN WASTEWATER RATES; REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR SEVERANCE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby voting "Nay". FIRST READING OF AN ORDINANCE MAKING FINDINGS OF FACT: AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 11755, PASSED AND APPROVED OCTOBER 24, 1973, SO AS TO CHANGE THE SCHEDULE OF GAS RATES FOR ALL CUSTOMERS OR CONSUMERS OF THE CITY -OWNED GAS DISTRIBUTION SYSTEM BY AMENDING SECTION 38-46 SO AS TO PROVIDE A NEW SCHEDULE OF RATES FOR ALL CUSTOMERS; PROVIDING AN EFFECTIVE DATE; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby voting "Nay". FIRST READING OF AN ORDINANCE GRANTING A FRANCHISE TO CABLEVISION OF CORPUS CHRISTI, INC., ITS SUCCESSORS AND ASSIGNS, TO OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR CITY REGULATION AND USE OF THE COMMUNITY ANTENNA TELEVISION SYSTEM; AND PRESCRIBING PENALTIES FOR VIOLATION OF THE FRANCHISE PROVISIONS. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE FINDING THAT THE GRANTING OF A $4,000 ASSESSED VALUE EXEMPTION FROM AD VALOREM TAXES FOR PERSONS' RESIDENCE HOMESTEAD WHO ARE 65 YEARS OF AGE OR OLDER IS IN THE BEST INTEREST OF THE CITIZENS OF THE CITY OF CORPUS CHRISTI; EXEMPTING FROM ALL AD VALOREM TAXES LEVIED FOUR THOUSAND DOLLARS ($4,000) OF THE ASSESSED TAXABLE VALUE OF SAID RESIDENCE HOMESTEAD OF SAID PERSONS UPON PROPER APPLICATION FOR SAID EXEMPTION BEING MADE AS PROVIDED BY ORDINANCE NO. 11247, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 10TH DAY OF JANUARY, 1973, AS AMENDED BY ORDINANCE NO. 11918, PASSED AND APPROVED ON THE 20TH DAY OF FEBRUARY, 1974; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE, PROVIDING FOR AN EFFECTIVE DATE; PRO- VIDING FOR SEVERABILITY; 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, 12187 CLOSING AND ABANDONING A 15 -FOOT UTILITY EASEMENT SITUATED IN LOT 9, OSO FARM TRACTS, SITUATED IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY PLAT RECORDED IN BOOK A, PAGE 49 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. �R4inutes Regular Council Meeting July 24, 1974 Page 13 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. 12188 RESOLUTION URGING THE CONGRESS OF THE UNITED STATES TO TAKE SUCH CONSTITUTIONAL AND LEGAL MEASURES AS MAY BE NECESSARY TO MAINTAIN AND INSURE THE EQUITABLE ALLOCATION AND PRICE OF NATURAL GAS TO REMOVE THE IMBALANCE AS CURRENTLY EXISTS BETWEEN GAS SOLD INTRASTATE AND GAS SOLD INTERSTATE; 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. 12189 RESOLUTION ENCOURAGING AND URGING THE EXPEDITIOUS HANDLING BY THE RAILROAD COMMISSION OF THE CURRENT PRICING AND ALLOCATION PROBLEMS ON THE GAS UTILITIES DOCKET OF THE RAILROAD COMMISSION, PARTICULARLY THOSE MATTERS WHICH RELATE TO THE INABILITY OF THE LO-VACA GATHERING COMPANY TO SUPPLY AND MEET ITS LONG TERM CONTRACTS FOR NATURAL GAS; 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 N0. 12190 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, AS THE ADMINISTRATIVE UNIT OF THE COASTAL BEND MANPOWER CONSORTIUM, AND THE SAN PATRICIO COUNTY COMMUNITY ACTION AGENCY, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARRED 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 N0. 12191 CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: 1. Sarita Street, from Morgan Avenue to Baldwin Boulevard; 2. Niagara Street, from Belton to Burnet; 3. Bertram Street, from Belton to Burnet; and 4. Everhart Road, from approximately 300' south and 370.0' north of the frontage roads adjacent to South Padre Island Drive. AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREET 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. • • Minutes Regular Council Meeting July 24, 1974 Page 14 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. 12192 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH H -S GREEN COMPANY, INC., FOR CONSTRUCTION OF STREET IMPROVEMENTS FOR THE WESTPORT AREA AND EVERHART ROAD; APPROPRIATING OUT OF NO. 220 STREET BOND FUND $280,000, OF WHICH $263,104.34 IS FOR THE CONSTRUCTION CONTRACT AND $16,895.66 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES, APPLICABLE TO PROJECT NO. 220-67-92.10; 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. 12193 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO A CERTAIN PARCEL OR TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CITING ANY OTHER PARTIES WHO MAY HAVE INTEREST OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR LAND ACQUISITION FOR THE SOFTBALL COMPLEX, PROJECT NO. 291-72-2; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE RECORD OWNERS, ALFONSO M. GONZALES, ET AL, TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby voting "Nay". ORDINANCE NO. 12194 APPROPRIATING THE SUM OF $29,741.58 OUT OF THE NO. 291 PARK BOND FUND FOR REIM- BURSEMENT TO THE NO. 102 GENERAL FUND, ACTIVITY 4122-603, FOR LABOR, EQUIPMENT AND MATERIALS USED FOR PARK IMPROVEMENTS FOR THE PERIOD MAY 1, 1974 THROUGH JULY 8, 1974, AS FOLLOWS: 1. $3,644.91 applicable to project No. 291-72-5.1, Southside Park 2. $14,367.46 applicable to project No. 291-72-5.2, Glen Arbor Park 3. $3,684.79 applicable to project No. 291-72-5.3, Surrey Park 4. $1,294.01 applicable to project No. 291-72-5.4, Kingston Park 5. $6,750.41 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, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". • • Minutes Regular Council Meeting July 24, 1974 Page 15 ORDINANCE NO. 12195 AUTHORIZING THE CITY MANAGER TO ACCEPT THE PROPOSAL OF ROMEO GARCIA, AIA, ARCHITECT, FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE ARCHITECTURAL DESIGN COMPETITION FOR THE COLE PARK BAND SHELL PROJECT, ALL AS MORE FULLY SET FORTH IN THE PROPOSAL, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING OUT OF THE NO. 291 PARK BOND FUND THE SUM OF $5,000 FOR THE AFORESAID SERVICES, APPLICABLE TO PROJECT NO. 291-72-8; 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". The following nominations for appointments and reappointments to Boards and Committees, were approved and confirmed: PARK BOARD: Mary Lou Huffman and Roosevelt Porter, Jr. for reappointments; Hugo Berlanga, R. C. (Jack) Shults and Tim Gonzalez for appointment for two year terms. SOLICITATIONS COMMISSION: Bernard Golding, Harvey Lewis, and Mrs. Marcelino Gonzales for reappointment for three year terms. HUMAN RELATIONS COMMISSION: Rev. Elliott Grant, Mrs. R. L. Horner, Cynthia Gutierrez (appointed Chairperson) for reappointment for three year terms; Robert Martinez, Barnard Jackson and Neuby Falks for appointment as youth members for one year terms. PLANNING COMMISSION: Tony Bonilla and Dr. H. Doyle Little for re- appointment; Dr. Nancy Bowen for appointment for three year terms. CIVIL SERVICE COMMISSION: Mrs. Virginia Hartsell for reappointment for three year term; Commissioner Stark requested the record reflect he voted "Nay". CITIZENS COMMITTEE FOR COMMUNITY IMPROVEMENT: Ed Low for appointment for three year term. NUECES COUNTY MH -MR COMMUNITY CENTER BOARD: Father Joseph Pena for the City's nomination to the other Governmental bodies for joint appointment. Commissioner Branch moved that the Council convene its duly announced Special closed meeting for action on Bayfront Science Park land litigation at this time as provided in Article 6252-17, Section 2(f) (4:30 P.M.) but that the meeting be then recessed until the completion of Council action on Board and Committee appointments. Motion seconded by Commissioner Ricardo Gonzalez and passed, Mayor Luby voting "Nay". At 5:15 P.M., the Council retired to the Council Conference • Minutes Regular Council Meeting July 24, 1974 Page 16 Room for closed session with the City Manager and the City Attorney as previously voted. Mayor Luby stated he opposed closed session discussion of the pending Bayfront Science Park condemnation suits and remained in the Council Chamber until all other Council members returned at 5:25 P.M. to the Council Chamber and the Mayor reconvened the Regular Council Meeting. City Manager Townsend stated that the matter involving the closed session, as announced for action to be noticed during the morning workshop session, was the condemnation and acquisition of Bayfront Science Park parcels in Block 90, for the construction of the Community Theatre, and that the owners had advised the City they would contribute $20,000 for this project. He recommended that the contribu- tions and proposed settlements be accepted. Mayor Luby stated that the City now owned Block 94 and that the theatre could have been built on this site, between the Art Museum and the Science Museum. He complained that the City was not buying blocks as entireties. Motion by Ricardo Gonzalez, seconded by Acuff and passed, Mayor Luby voting "Nay", "that the settlement of the City's appeals of the cases of No. 695, City of Corpus Christi v. Whittet, et al, and No. 693, City of Corpus Christi v. Ray, et al, pending in Nueces County, as set forth in the letters of July 24, 1974, from Harvie Branscomb and William Whittet and from John Ray, respectively, whereby $20,000 is contributed to the City out of original Commissioners' Awards in con- demnation in these cases, and deeds made to the City by agreed judgments, be accepted and approved." (Copies of the letters annexed to these Minutes.) There being no further business to come before the Council, the meeting was recessed at 5:35 P.M. until 2:00 P.M., Wednesday, July 31, 1974. • • July 24, 1974 Honorable Mayor and City Council City of Corpus Christi Re: Lots 1, 2 and 3, Block 90, Gentlemen; Beach Portion of the City of Corpus Christi I understand that the City needs to rnake an immediate acquisition of my property in Block 90 adjacent to the Science Park if the proposal for an auditorium at this location financed by the Sams Foundation is to be carried out. I hereby offer to contribute to the City the sum of $4,240.00 in cash to be utilized by the City to further its plans in this area. This offer is conditioned upon the acceptance by the City of the current awards of the Special Commissioners for property in Block 90 without further contest and the acceptance by the City of a like contribution offer from the other Block 90 landowners. Yours very truly, .John Rays Accepted this '17--`Y- day of July, 1g74. • • July 24, 1974 Honorable Mayor and City Council City of Corpus Christi Gentlemen: As you know, we are the owners of part of that portion of Block 90, Beach Portion of the City of Corpus Christi, Texas which you are attempting to acquire in connection with the Sams Foundation grant. As you are also aware, awards were made by Special Commissioners in Condemnation (appointed by the judge of the County Court at Law No. 2) in our case and objections to the award have been filed by the City vacating the awards. This means that now for the matter to be finally settled, the case must be tried before a jury in the County Court at Law or both parties must agree to the County Court's entering a judgment on the basis of the Commissioners' decision. We have been informed that other commitments make it necessary that you have these cases finally settled immediately rather than waiting for a jury trial. This legally requires our consent even if you have decided to accept the value set by the Commissioners. We have never wished to impede this project and therefore will consent to a judgment which awards you title to our property and requires the payment to us of an amount equal to the award made by the Special Commissioners in Condemnation. To further demonstrate our desire to assist in your project, we will, subsequent to the entry of such an agreed judgment, contribute to the City of Corpus Christi the sum of $15,760.00 in cash to be utilized by you in the furtherance of the City's plans for this area. As you know, the remainder of the property which you wish to ac- quire belongs to Mr. John Ray and is subject to similar proceedings. We understand Mr. Ray plans to offer to make a cdntribution to you of $4,240.00 under similar terms. This will increase the total contributions to the project to $20,000.00. Accepted by me, the duly authorized agent of the City of Corpus Christi, as authorized by action of the City Council this 24th day of July, 1914: Yours very truly, William S. Whittet, Individually and as Trustee rt t macYak ° 15 R. Marvin Townnsend }lary"1' " iscor �F s" 3II d• Harvie Braitscomb, Jr., Individually and as Trustee City Manager