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HomeMy WebLinkAboutMinutes City Council - 08/14/1974MINUTES' CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING August 14, 1974 2:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Reid T. Branch Assistant City Manager Archie Walker Thomas V. Gonzales City Attorney James R. Riggs Gabe Lozano, Sr. Assistant City Attorney Bob Coffin J. Howard Stark City Secretary Bill G. Read Ricardo Gonzalez Mayor Jason Luby called the day's 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. City Secretary Bill G. Read called the roll of those in attendance. Motion by Lozano, seconded by Acuff and passed, that the Minutes of the Regular Council Meeting of July 24, and the Regular Meeting of July 31, 1974, be approved as presented to the Council. Mayor Luby announced the scheduled public hearing on the request of Athena Cable- vision of Corpus Christi, Inc. for rate increases. Assistant City Manager Archie Walker gave background information stating the original 5 -year franchise was granted by the City Council in August of 1969 and will expire October 27 of this year. He explained that it was originally granted to CableCom General and was transferred to Athena Cablevision of Corpus Christi, Inc. March, 1973. Mr. Williams Cunningham, Senior Vice President of Cablevision, listed the following proposed rate increases: Initial tap -in and connection charges, from none to $15.00 For each additional television set connection, from none to $5.00 Monthly rate for one outlet, $4.48 to $5.75 Monthly rate for each additional outlet, from $.48 to $.75 Public schools, colleges and non-profit hospitals, from none to none Rental of converter (not previously available) to $20.00 refundable deposit plus $1 .00 per month Purchase of converter (not previously available) to $35.00 Mr. Cunningham explained that over the period of the last five years of the franchise, the company has encountered many unforseen delays, and the company has undergone the pressures of the cost of living increases along with all other industries. He pointed out that during this time there have been numerous other utility rate increases considered by this Council and granted. He explained that on the basis of the rise in the cost of living, the request should be six percent, but they are only asking for an amount within reason to permit the company to continue to operate. • • Minutes Regular Council Meeting August 14, 1974 Page 2 He stated that the rates now in effect in this City are less than other Texas cities of comparable size, are below national average, and well below the state average. He stated the City of Austin is in the process of petitioning for a six percent increase. He explained that the company feels the Christi majority of people in Corpus/who desire the service have had adequate opportunity to receive it but the one-month free trial program and free installation would be continued for all those subscribers who are on a waiting list and all areas that do not now have service available. He stated the only purpose of the converter is that it permits more television channels for the sbuscriber and it is not the intention of his company to maker any channel changes at this time; that the converter is very expensive and not economically feasible to supply it with each television set, but if the subscriber desires it, it can be made available on a monthly charge basis or it can be purchased at the price quoted to the company. He further explained that his company has contributed to the local economy, having invested over $7 million dollars in the City, has some 60 employees, and has paid the City over $400,000 in franchise taxes, plus ad valorem taxes. Mr. Cunningham stated that any further delay would jeopardize the entire financing for the purchase of the company by local interest, and urged that the Council not delay action on the proposed ordinances and rate increase requests. Mr. Lev Hunt, attorney representing KRIS, Channel Six, spoke in opposition to the rates and the franchise generally. He stated he had only received copies of the proposed ordinances this morning and had not had an opportunity to study them in detail and doubted if the Council themselves, had had sufficient time to review the ordinances. He stated the complexity of the situation and its effect on the public warrants a maximum amount of consideration by the Council, and requested that no decision be made at this time but delayed for 30 days. He stated specific questions have not been answered by the franchise holder with respect to its fair rate charges, character of company, expenses, and revenues, and that the Council had not had any of this informa- tion except that Mr. Cunningham states they are in need of an increase in rates because of the cost of living and is expecting the Council to accept his word for this. Also questions that are not answered are (1) is the increase necessary, (2) is the proposed increase reasonable in amount, (3) will the $15 initial connection charge and the $5.00 outlet charge bear some proper relation- ship to the expenses; and (4) should Cablevision be paid $1 .00 per month to pick up local stations where they already receive those stations. Assistant City Manager Archie Walker stated he received the ordinance yesterday, and saw no major change from the one which was read for the first time several weeks ago. • Minutes Regular Council Meeting August 14, 1974 Page 3 Mr. T. Frank Smith, representing KRIS, Channel Six, stated there was no protection , provision in the ordinance for any of the television stations in the City as to station designation with the system, but they have been assured by Mr. Cunningham that they will be on the system without the converter. He stated there is no assurance that this franchise will not be sold again as it has on numerous occasions in the past; that other stations in the City need some assurance that they will be on the duplex system without having to buy the converter and this should be made a part of the ordinance; that they need assurance that the channel designations will not be changed and that they be referred to by number as they have always been. He stated he saw no way to enforce the technical requirements set out in the ordinance, and sees no reason to rush since the franchise holder can continue to operate even though his Franchise has expired. He urged the Council not to take any action at this time. Mr. Vann M. Kennedy, president of K -SIX Television Corporation, spoke in opposition to the franchise in general, and requested that the Council delay any action on the requests for at least 30 days to afford the television and radio stations an opportunity to study all factors concerning the ordinances. He stated the local stations are victims of cable television, that they are "parasites" feeding upon the local stations; that it is immoral and not legitimate, and only legal as a result of decisions that have been handed down by the Supreme Court. He pointed out that the local stations are dependent on audiences to sell their advertising and have lost audiences to cablevision. He stated they do not wish to be completely devoured. Mr. Kennedy pointed out that many people feel that cable television should become a public utility and perhaps the City should go out for bids; that the City should collect 5 percent in franchise taxes. He commented that the City should set up a technical staff to look after the system and if a proper showing is made the FCC would probably grant a five percent franchise tax. Mr. Bob White, Vice President and Station Manager of Channel 3, spoke in opposition to a rate increase stating he felt the cable company should be required to extend its installations throughout the City before a request is made for a rate increase, and a statement should be required as to why this has not been done. He noted changes which he thought should be made in the ordinance, stating that interested parties should have had an opportunity to suggest language changes in the ordinance. He proposed that the ordinances be delayed for an additional 30 days prior to the first reading, during which time, possibly two weeks, suggestions would be submitted. Mr. Edmund Ford, attorney representing Athena Cablevision, pointed out that there are Minutes Regular Council Meeting August 14, 1974 Page 4 very few changes in the proposed ordinance from the original ordinance approved five years ago,, and noted that it was approved following a similar public hearing. He stated that it is important to this company that the Council not delay actions on the ordinances and the rate request but move forward with all speed to continue with the first and second readings as presented. He explained that any delay would present problems in financing since the company must operate under a franchise. He stated it is the primary interest of this Council to assure that the 22,000 connections of Cable television get maximum service and good entertainment, and questioned the dilution of other channels by use of the converter band. Mr. Terrel Cass, General Manager of Television Station KEDT, stated they are working with the City Staff and have hopes for a compromise arrangement satisfactory to all, and if this cannot be worked out, then he will be back before the Council before the final reading of the ordinance. Motion by Branch, seconded by Acuff and passed, that the hearing be closed. Following a brief recess, Mayor Luby reconvened the meeting at 4:05 p.m. and announced the scheduled public hearing on assessments for Sidewalk, Unit VII, Improvement Project. Assistant City Attorney Jerry Benadum conducted the hearing and stated the purpose is to comply with the State Statute regarding paving assessments; that testimony will be offered from the Director of Engineering and Physical Development and evaluation testimony from a real estate appraiser to substantiate the assessments which appear on the preliminary assessment roll, and that the hearing is to form a basis on which the City Council, acting as a legislative body, would determine and establish the assessments on the abutting properties. Director of Engineering and Physical Development James K. Lontos, testified as to his identity, occupation, time of residence in the City, formal education and qualifications as an engineer and his familiarity with the subject project. A written statement of his qualifications are on file in the office of the City Secretary and are acceptable to the Council. He presented the plans and specifications of the subject project, explained the nature and extent of the improvements and pointed out on a map the locations of the streets involving 10 locations where sidewalks are proposed, being (1) Clarkwood Road, from Iris Street to Lot 9, Block 10, Clarkwood Townsite, East side; (2) McArthur Street, from Belton Street to Tarleton Street, northwest side; (3) Winnebago Street, from North Alameda to Lake Street, northwest side; (4) Churchill Drive, Whittier to Tarleton, southeast side; (5) 15th Street, from Southern Street to South Staples, southeast side; (6) Everhart • Minutes Regular Council Meeting August 14, 1974 Page 5 Road, from the south property line of Lot 1, Block 2, Alameda Estates No. 2, to the north property line of Lot 16, Block 3, Alameda Estate #3, southeast side; (7) Robert Drive, from Santa Fe to Estate Drive, northwest side; (8) Robert Drive, from the south property line of Lot 2, Block 1, Alameda Estate #4 to Delano Street, from Brownlee Boulevard to 10th Street, south side; (9) Buford Street, from Brownlee Blvd. to 10th Street, south side; and (10) 15th Street, from Craig Street approximately 138.75 feet north. He explained that the assessment roll includes 49 items and the assessments have been calculated based on the unit bid price submitted by the low bidder, E. J. Netek Construction Company and in accordance with the paving assessment policy of the City. The project shall consist of construction of 4' wide 4" thick reinforced concrete sidewalks and assessment at the rate of $0.97 per square foot. Mr. Lontos stated the work on the project will start within 30 days from this date and is expected to require approximately four months to complete. He explained that the abutting property owners will be permitted to pay for the assessments on a monthly basis at the rate of 5-1/2% interest up to 60 months or may pay the entire amount at the completion of the construction. Mr. Harold Corr testified as to his identity as a real estate appraiser of various types of real estate and his familiarity with the subject project. He stated a written resume of his qualifica- tions are on file in the office of the City Secretary which is acceptable to the Council. He stated he had, within the last week, personally examined each and every parcel of land involved in the subject project as to the evaluation in relation to the assessments, and had concluded that in some instances there would be no enhancement in value, and that in other instances, the value would be enhanced in value at least to the amount of the assessments. Mr. Carr's comments and recommenda- tions are as follows: Items 1, 2 and 3, Clarkwood Road, from Iris Street to Lot 9, Block 10, Clarkwood Townsite (east side) - Mr. Carr stated in his opinion, sidewalks on this portion of Clarkwood Street would not benefit the property owners or enhance the value of their property in any way; that it possibly would be of benefit to school children, but in his opinion the school could probably provide its own sidewalks. Mr. Lontos explained that a request for these sidewalks had been received from the school, the reason given being for safety reasons for a number of children which would be affected. A suggestion was made by members of the Council that the sidewalks be constructed on the side of the school. Mr. Lantos stated this would be investigated and the principal of the school would be • Minutes Regular Council Meeting August 14, 1974 Page 6 contacted for his comments regarding the location of the sidewalks. Mr. Carr stated he would be of the same opinion that there would be no enhancement of the property owners if the sidewalks were constructed on the school side of the street. No one appeared in opposition to the assessments on Items 1, 2 and 3. Items 4 through 14, McArthur Street, from Belton Street to Tarleton Street (northwest side) - Mr. Carr explained that the proposed sidewalks are on property which side up to McArthur, one of which being the Holy Family Catholic Church property to which many people travel. He stated in this instance the sidewalk program is in accordance with comprehensive planning, and in his opinion, each of the abutting properties will be enhanced in value as a result of the improvements at least to the amount of the assessments as shown on the assessment roll. No one appeared in opposition to the proposed assessments relative to Items 4 through 14. Items 15 through 22, Winnebago Street, from North Alameda to Lake Street (northwest side) - Mr. Carr stated these lots are only 50 feet deep and are one-half assessed according to an adjustment made by the Engineering Department, and the assessment roll reflects his opinion that each of the abutting properties so assessed will be enhanced in value as a result of the improvements at least in the amount of the assessments as shown on the assessment roll. Mr. Lontos explained that Items 16 and 17 are not being assessed at all but are being given credit for existing sidewalks. No one appeared in opposition to the proposed assessments relative to Items 15 through 22. Item 23, Churchill Drive, Whittier to Tarleton (southeast side), Corpus Christi Independent School District (Travis School, Broadmoore Park, 515 N. Carancahua) - Mr. Carr stated in his opinion, this property will be enhanced in value as a result of the improvements at least to the amount of the assessments as shown on the assessment roll. No one appeared in opposition to the proposed assessments relative to Item 23. Items 24 through 29, 15th Street, from Southern Street to South Staples (southeast side) - Mr. Carr stated that improvement of these streets is in accordance with the comprehensive plan, but side up to the street and for that reason, all are being one-half assessed, and in his opinion each of the abutting properties will be enhanced in value as a result of the assessments at least in the amount of the assessments shown on the assessment roll. No one appeared in opposition to the proposed assessments on Items 24 through 29. Items 30 through 35, Everhart Road, from the south property line of Lot 1, Block 2, • Minutes Regular Council Meeting August 14, 1974 Page 7 Alameda Estate No. 2, to the north property line of Lot 16, Block 3, Alameda Estate #3 (south side - Mr. Carr stated that each of the abutting properties side up to Everhart Road and front on the cross street, the sidewalks would only be used by school children and would be beneficial to the public in general, but in his opinion, sidewalks on this portion of the project would not benefit the property owners, would not enhance the value of their property, and therefore he would recommend that no assessments be made. Mr. H. D. Bailey, Lot 16, Block 3, Alameda Estate #3, stated he not only saw no enhancement to the value of the property, but in his opinion, the proposed sidewalks would be detrimental because of drainage problems which would result. He stated he is also representing Mr. Jesse B. Galbreath (Item 34) and Mr. Frank L. Henderson (Item 33) and that they did not receive notice of this hearing possibly because they recently purchased their property. He asked that the Council consider placing the sidewalk on the opposite side of the street so that pedestrians could travel all the way to the park and to Carmel without crossing a driveway. He stated there would be six driveways under the proposed plan as opposed to one if constructed on the other side. Mr. Benadum questioned Mr. Lontos as to the procedures relative to notifying property owners of assessment hearings. Mr. Lontos explained that the names are obtained from the City Tax Office, and new tax records are not available until January or February which as a result, names ore taken from prior year records. Mr. Lontos stated his office had not been contacted by property owners to say they had not received notice. Mr. Bailey stated, in response to a question from Mr. Benadum, that he had been requested by his neighbors (Items 33 and 34) to speak for them at this hearing. Items 37 and 38, Robert Drive, from Santa Fe to Estate Drive (northwest side) - Mr. Carr explained that the Diocese of Corpus Christi is the owner of Parcel #37; this tract of land is 700 feet long abutting Robert Drive but has frontage on Santa Fe; that since plans for development of this tract are uncertain, in his opinion, the proposed improvements on Items 37 and 38 would not be of any benefit to the property owners, would not enhance the value, and he therefore would recommend no assessments. Mr. Lontos explained that this request had come from the neighborhood through the Traffic Engineering Department, for reasons of providing access to Town & Country Shopping Center and for children attending Windsor Park School. Mrs. William Hopkins, 230 Purl Street, stated her children attend Windsor Park School • Minutes Regular Council Meeting August 14, 1974 Page 8 and Cullen School, and the only access other than Robert Drive (which is very dangerous), was through the Cemetery; that the Cemetery had been closed to traffic and parents are forced to drive children to and from the schools. She explained that she and the neighbors had requested the side- walks down Robert and on Gains. Mr. Lontos stated he had not been aware of the request in this particular area, but was a valid request and he felt it should remain in the sidewalk program. Commissioner Ricardo Gonzalez commented that in view of the tight budget and since Mr. Carr does not recommend it, and since the Diocese does not want the sidewalk and do not agree to maintain it, perhaps it should be deleted from the project. Mr. Lontos explained that the Diocese of Corpus Christi property would be required to build sidewalks when the land is platted. In answer to a question by Mr. Benadum, Mr. Lontos stated sidewalk construction could be protected against future developments if installed now. Mr. Carr stated in his opinion a developer would prefer to construct his own sidewalks at the time the property is developed, and he would not be in a position to say prior construction would be protected. He stated it is still his opinion, based on his personal observation, that there would be no enhancement to the value of the property listed as Items 37 and 38 as a result of the proposed improvements. No one appeared in opposition to the foregoing proposed assessments. Items 39 & 40, Robert Drive, from the south property line of Lot 2, Block 1, to Delano Street (southeast side) - Mr. Carr stated the buildings on these properties face Robert Drive, fits into a comprehensive plan, and in his opinion, each of these properties will be enhanced in value as a result of the proposed improvements at least in the amount of the assessment. Items 4 through 47, Buford Street, from Brownlee Boulevard to 10th Street (south side) - Mr. Carr stated these properties side up to Buford Street and are shown on the assessment roll as one-half assessed and in his opinion, each parcel would be enhanced in value at least in the amount of the assessment shown on the rol I . No one appeared to speak in opposition to the foregoing proposed assessments. Items 48 and 49, 15th Street, from Craig Street approximately 138.75 feet north - Mr. Carr explained that one-half of Item 48 is facing on 15th Streeet, and Item 49 is a deep lot which was left out of another project. He stated in his opinion, each of these properties will be enhanced in value at least in the amount of the assessment. No one else appeared to speak in opposition to any of the foregoing assessments. Motion by Acuff, seconded by Lozano and passed, that the hearing be closed. • Minutes Regular Council Meeting August 14, 1974 Page 9 Motion by Acuff, seconded by Branch and passed, that the Regular Meeting be recessed for the purpose of holding public hearings on six zoning cases scheduled for 4:00 p.m. Mayor Luby reconvened the Regular Meeting at 5:30 p.m., and called for the City Manager's Reports. Assistant City Manager Archie Walker presented the City Manager's Reports with recommendations and comments as follows: a. That bids be received September 3, 1974, on the sale of a City -owned lot at 2734 Nogales held on first delinquent tax sale. Bids will be received for sale of the whole lot or one- half the lot to the abutting property owners so that improvements can be constructed on a standard - size lot. b. That contracts be awarded to the following firms for our 1974-75 requirementsof water and sewage treatment chemicals: (Bid Tab #46-74) ROUND ROCK LIME CO., Round Rock, Texas (Item 1) $ 64,260.00 TEXAS LIME CO., Cleburne, Texas (Item 2) 10,072.62 THOMPSON-HAYWARD CHEMICAL CO., San Antonio, Texas (Items 3 and 4) 56,190.92 McKESSON CHEMICAL CO., Corpus Christi (Item 5) 27,600.00 P.P.G. INDUSTRIES, INC., Corpus Christi (Item 6) 57,500.00 S.E.C. CORPORATION, Corpus Christi (Items 7 and 8) $106,560.00 $322,183.54 The apparent low bid on Item 2 (calcium oxide) submitted by the U.S. Gypsum Co. is subject to price fluctuation; whereas, the bid recommended is firm for the full contract period and is only 5.24% higher than the bid from U.S. Gypsum Co. It is also recommended that the bid received from USS Agri -Chemicals for anhydrous ammonia be rejected as being too high in relation to the present market price and that this chemical be purchased as needed on the open market. The market price for anhydrous ammonia is $300.00 per ton; whereas, the price bid by USS Agri -Chemicals is $360.00 per ton. In addition, the price is not firm and the supply is not guaranteed. It is recommended that the bid award for liquified chlorine (Items 7 and 8) include authority to have the chlorine delivered to the plant at $180 per ton or to pick it up at the supplier's Corpus Christi plant at $175 per ton. The only time it would be cheaper to pick the chlorine up at the plant would be when a small amount is needed on an emergency basis. Bids were received from 12 firms and a price comparison shows an increase of 47.23%. c. That contracts be awarded to the following firms for our 1974-75 requirements of fuel, oil and grease: Minutes Regular Council Meeting August 14, 1974 Page 10 CRYSTAL PETROLEUM CO. , Corpus Christi (Lot I) SUSSER PETROLEUM CO., Corpus Christi (Lots II, III) EXXON COMPANY, Corpus Christi (Lots IV, V, VI) $472,759.00 185,695.27 53,118.24 $711,572.51 • The Exxon Company did not submit a bid as it was their understanding that being our present supplier for Lots IV, V and VI, they would still be required to furnish our requirements under their Federal Energy Administration's Mandatory Petroleum Allocation Regulations. Susser Petroleum was the only bidder on our anti -freeze requirements, and after their bid was submitted the Dow Chemical Company, their supplier, advised that they could not furnish this item. Therefore, it is recommended that this item be purchased on the open market as needed. Bids were received from two firms and a price comparison reveals an increase of 43.44% over prices bid last year. (Bid Tab #47-74) d. That the only bid received for our 1974-75 requirements of polyethylene plastic from Almac Plastics, Inc. of Long Island City, New York of $7,500 ($93.75 per roll), be rejected as being too high and not meeting specifications and that authority be granted to purchase our requirements of this plastic on the open market as needed. The price bid reflects an increase of 299.8% and we have been able to purchase a lighter weight polyethylene plastic which can be used for $42.00 per roll. Also, the price bid is not firm. In addition, the plastic bid does not meet specifications in that we specified 20' x 100' rolls and they bid 10' x 250' rolls. (Bid Tab #48-74) e. That $47,456.20 be appropriated for reimbursement to the Water Fund for labor, materials and equipment utilized to relocate the 48" water transmission line which crosses the Clarkwood Ditch. The relocation of this line is necessary to make way for the proposed ditch improvements. Funds for this work have been provided for out of revenue sharing. f. That acquisition of Parcels 53 and 54, Bayfront Science Park, from Mr. and Mrs. J. K. Victory for $40,000.00 be approved. These parcels are located in Block 70 at 1606 North Mesquite. g. That authority be granted to execute an agreement with Saratoga Land Company to provide for the construction of three street intersections on South Staples Street Project to accomodate future subdivision construction by Saratoga Land Company. The agreement provides that Saratoga $6,557.92 Land Company will reimburse the City/for the cost of said construction which will be performed by the State Highway Department on the South Staples Project presently under construction. The three intersections will be located between the Schanen Ditch and Saratoga Boulevard. • Minutes Regular Council Meeting August 14, 1974 Page 11 h. That the contract for the construction of concrete lining for the Van Galen Drainage System from Laguna Shores Road to Waldron Field Road be accepted as complete and final payment of $69,705.65, for a total project cost of $329,303.90, be made to the contractor, Heldenfels Brothers. The work has been completed in less than half of the time allotted for the project which is the result of good weather and good planning by the contractor, and the final contract amount was $2,400 less than the original estimate due to less concrete lining and seeding of the slopes being needed than originally estimated. That the ordinance levying assessments against properties along the Horne Road, Unit II, Street Improvement Project, from McArthur to Naples be amended to release liens placed on properties from Ayers to Naples since this portion of the street improvements were recently deleted from the project. Sidewalk assessments are retained for that portion of the project on Home Road from Naples to Ramsey and on Ramsey from Horne Road to Houston as authorized by Change Order No. 1 on May 29, 1974. j. That the franchise to Athena Cablevision of Corpus Christi, Inc. to operate and maintain a community antenna television system in the City of Corpus Christi be renewed for a term of 5 years. The franchise renewal will provide for certain minor franchise modifications and for a franchise fee of 4% gross subscriber revenue unless the F.C.C. requires a lower rate. The present franchise expires October 27, 1974. k. That consent be given to a transfer of franchise from Athena Cablevision of Corpus Christi, Inc. to Cablevision of Corpus Christ, Inc. and that the period in which such a transfer is to be made be extended for an additional 180 days. The previous 180 -day period expired on August 12, 1974. I. That authority be granted to submit an application under Title VII of the Older Americans Act to the Governor's Office on Aging and to execute all related documents for the continuation of a nutrition program for the elderly. The program will provide 800 meals per day consisting of a minimum of one hot, well balanced meal per clay, five days a week, as well as basic supportive services such as transportation, outreach, referral information, counseling, and education. The cost of the program will be approximately $251,258 per year. The local share will be 10% of the above program cost, all of which will be provided as in-kind services. The meals portion of the program will be provided by contract with private groups as well as through the project's own kitchen facilities. The supportive services portion will be provided totally by • Minutes Regular Council Meeting August 14, 1974 Page 12 the Senior Community Services staff. m. That the Air Pollution Control Ordinance be amended to: 1. Increase the ability of our local air pollution control agency to effectively control air pollution by requiring notification in event of a "major upset" resulting in emissions exceeding permissible levels, sampling by operators of contaminant sources with records of the results being made available for inspection and a permit for new construction or modifications that might degrade ambient air and by establishing regulations to deal with air pollu- tion control emergencies. 2. Increase the air quality by decreasing allowable visible emissions from 40% to 30% of opacity for operations existing as of January, 1974 and to 20% for operations begun after that date, prohibiting tampering with or removing emission control devices from motor vehicles, prohibiting excessive visible emissions from motor vehicles, requiring the use of dust control measures when dust might be caused by the storage of certain materials or by certain opera- tions, requiring the use of control systems such as floating roofs to control the emission of volatile carbon compounds, and establishing nitrogen compound emission standards for power plants. 3. Allow continued enforcement of the Ordinance through Municipal Court since more effective enforcement can be obtained through Municipal Court than County or District Court. During 1973, $3,850 of fines were obtained through Municipal Court with a maximum fine per violation of $200. 4. Ease the impact of the energy crisis on industries burning sulfur -content fuel by allowing burning of higher sulfur -content fuels in lieu of lower ones during emergencies and when the lower sulfur -content fuels are not available. These changes would make the City's ordinance consistent with existing State regulations and therefore allow for consistent enforcement by local personnel. n. That the contract with J. H. Chapman Construction Company for construction of Corpus Christi Museum Interior Finishing Building No. 2 be accepted as substantially complete and that a payment of $11,253 be authorized. The total cost of work performed under the contract is $101,729. It is recommended that a Change Order of $2,114 for the installation of a backflow prevention system on the humidifier be authorized. Upon completion and acceptance of the work the final payment will be authorized by the City Manager. o. That the rate increases requested by Athena Cablevision of Corpus Christi, Inc. be granted as follows: Initial tap -in and connection charges, from none to $15.00 For each additional television set connection, from none to $5.00 Monthly rate for one outlet, from $4.48 to $5.75 Monthly rate for each additional outlet, from $.48 to $.75 Public schools, colleges and non-profit hospitals, from none to none Rental of converter (not available), to $20.00 refundable deposit plus $1.00 per month Purchase of converter (not available), to $35.00 Motion by Acuff, seconded by Branch and passed, with Mayor Luby voting "Nay" on . . Minutes Regular Council Meeting August 14, 1974 Page 13 Items "f", "j", "k" and "o", and Commissioner Lozano being disqualified on Items "j", "k" and "o", that the City Manager's Reports be approved as presented by Assistant City Manager Archie Walker, Mr. Walker presented and reviewed ordinances for the Council's consideration. Mr. Gordon Humphrey, 1724 North Mesquite, spoke representing the Maritime Union and Corpus Christi taxpayers, and questioned the Council relative to the ordinance for approval of the budget for the ensuing fiscal year 1974-75. He stated that since the ordinance had been on the agenda three times, he was interested to know how many meetings had been held for budget discussions with public participation, and if meetings have not been held, why not? He commended Mayor Luby for his stand to have $1 million cut from the budget and insisted that Mayor Luby "fight to the finish" to accomplish that goal. He claimed that the Council has voted as a block on many issues and commented that that was not "even good politics". Mr. Joe Tanner, 4830 Karchmer, stated thot inflation has affected and hurt everyone and the City government is no exception, but it should be a challenge that everyone should and could meet if sufficient sacrifices are made to do with fewer services. He urged the Council to support the Mayor in his stand to trim at least $1 million from the budget. He stated that more and more people are unable to meet their obligations because of inflation, and higher taxes will eventually result in more welfare programs. Mr. Tanner also inquired as to how much revenue sharing money had been received by the City and how it had been spent. He also requested that something be published in the newspaper as to the amount of revenue sharing funds received, how the money has been allocated to various projects, and how much is left. Assistant City Manager Walker explained that an Actual Use Report of revenue sharing funds had been routinely published as is required by law. Members of the Council questioned Mr. Tanner as to what specific services he personally would be willing to do without. Mr. Tanner replied that he could do with one day a week garbage service. Commissioner Ricardo Gonzalez pointed out that the revenue sharing money had been spent on a one-time expenditure basis to avoid deficit problems at the end of the five-year life of the funds, and that it has been spent on programs and projects which have been requested by the citizens, and that the programs for the elderly is a fair example. He challenged Mr. Tanner to provide the Council with a list of services which he felt could and should be deleted from the budget. Relative to the cost of living salary increase for City employees, Commissioner Stark • Minutes Regular Council Meeting August 14, 1974 Page 14 noted that Mr. Tanner had received a 10 percent cost of living increase where he is employed, and commented that City employees are entitled to the same consideration as other employees in the City and should not be made second class citizens. He further stated that he had spent many hours reviewing the budget with particular attention to the use of City cars, and had satisfied himself that they are being utilized properly, that he had questions on a few which he would pursue further. Assistant City Manager Walker pointed out areas where the budget had already been cut, noting the sizeable increase in the cost of fuel and increase in the cost of materials that the City must purchase. He pointed out that the cost of living increase, and increase of fuel and materials, amounted to some $5 million. He stated there are very few new programs as opposed to last year. Mr. Travis R. Parker, 2613 Lynch Street, appeared and complained that he had had an outrageous increase of his ad valorem taxes on his property at this address. He stated he has owned the property for 27 years with very few improvements, and complained that instead of being given depreciation every five years, it had been steadily increased and his current tax statement reflects an increase sufficient to offset the $4,000 over 65 exemption. He stated the City is "giving with one hand and taking with the other." A resident living at 1628 18th Street, a retired Seaman, stated that because of exorbitant taxation of his homestead ad valorem taxes, he planned to sell it and move from the City. Mr. Clifford Cosgrove, 3302 Olsen, protested the acquisition of property for the Bayfront Science Park, stating the proposed convention center site is not needed, and the land should not be taken off the City tax rolls. He stated he had personally talked with the Attorney General in Austin and was told that the $11,500,000 in bonds would not be validated. Mayor Luby stated that according to his information, the revenue sharing funds as of June 30, 1974, had been over committed some $134,813.00. He read a list of items which he felt could be cut from the budget, and named specifically the sum allocated for expenditure for acquisi- tion of land in the Bayfront Science Park. He stated he had been misinformed by the City Manager as to available land in the Bayfront Science Park area. Mayor Luby also stated that he did not approve of budget cuts in the Police and Fire Departments. Mr. Walker responded to Mayor Luby's statement as to alleged over -committed revenue sharing funds, stating that an up to date calculation reflects a $17,000 over commitment of these funds. He pointed out that the Council had authorized acquisition of the Bayfront Science Park and Corpus Christi Beach land, the Council had not indicated they did not want to continue with • Minutes Regular Council Meeting August 14, 1974 Page 15 these purchases, and revenue sharing funds were being appropriately spent for this purpose. Commissioner Ricardo Gonzalez commented that the matter of expenditure of revenue sharing funds for acquisition of Bayfront Science Park land had been brought to the Mayor's attention. Mr. Charles Nichols, 1547 Lea Lane, stated that he agreed with Mayor Luby that Fire and Police budgets should not be cut in favor of keeping fourteen or fifteen "bureaucrats with college degrees" on the payroll. He alleged that the Council had not spent enought time for review of the budget recommendations and there were many areas where cuts could and should be made. He stated the Council should be made aware that people were moving out of the City or commuting to and from area towns, because of excessively high taxes, and that many will be dependent on welfare. He pointed out that the City's Transportation System is not being used as it could be by City employees who have been assigned City cars, and these vehicles are being misused. Mayor Luby asked City Secretary Bill Read to poll the Council for passage of the ordinances. • Minutes Regular Council Meeting August 14, 1974 Page 16 FIRST READING OF AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9635, AS AMENDED BY ORDINANCE NO. 10445, SO AS TO ADOPT THE CHANGES ADOPTED BY THE TEXAS AIR CONTROL BOARD FOR THE CONTROL OF AIR POLLUTION WITHIN THE CITY OF CORPUS CHRISTI; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; DIRECTING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO THE TEXAS AIR CONTROL BOARD; AND PROVIDING A SEVERANCE CLAUSE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE APPROVING A NEW RATE SCHEDULE FOR THE FURNISHING OF COMMUNITY ANTENNA TELEVISION SERVICES WITHIN THE CITY OF CORPUS CHRISTI BY ATHENA CABLEVISION OF CORPUS CHRISTI, INC., UNDER ANY FRANCHISE RENEWAL; PROVIDING THAT THIS ORDINANCE SHALL NOT RESTRICT THE POWER OF THE CITY TO RE -DETERMINE RATES; PROVIDING SEVERABILITY; AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. 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 Stark, present and voting "Aye"; Luby voting "Nay" and Lozano disqualified. FIRST READING OF AN ORDINANCE GRANTING A FRANCHISE TO ATHENA CABLEVISION OF CORPUS CHRISTI, 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; PRESCRIBING PENALTIES FOR VIOLATION OF THE FRANCHISE PROVISIONS; 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, Thomas Gonzales, Ricardo Gonzalez and Stark, present and voting "Aye"; Luby voting "Nay" and Lozano disqualified. SECOND READING OF AN ORDINANCE AMENDING SECTION 21-68 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SPEED LIMITS ON A PORTION OF SOUTH PADRE ISLAND DRIVE (SH 358) FRONTAGE ROADS, AS HEREINAFTER PROVIDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". Motion by Acuff, seconded by Branch and passed, that the ordinance authorizing the City Manager to execute an amendment of lease with Braniff Interna- tional, Inc., authorized by Ordinance 9979, read on the first of three readings on August 7, 1974, be amended prior to the second reading thereof as follows: 1. Add to the caption, "providing for publication". 2. Add a new section, Section 2, to read as follows: "Section 2. Publication shall be made two times in the official publication of the City of Corpus Christi by publishing the caption of this ordinance stating in substance the purpose of the ordinance." SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI AN AMENDMENT TO THE LEASE WITH BRANIFF INTERNATIONAL, INC., AUTHORIZED BY ORDINANCE NO. 9979, PASSED AND APPROVED BY THE CITY • Minutes Regular Council Meeting August 14, 1974 Page 17 COUNCIL ON NOVEMBER 11, 1970, SO AS TO ADD ADDITIONAL SPACE TO THE AREA LEASED; PROVIDING THAT BRANIFF INTERNATIONAL, INC., RENOVATE SUCH AREA AT ITS COST; PROVIDING FOR INCREASED COST, ALL AS MORE FULLY SET FORTH IN AMENDMENT TO LEASE, ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading as amended, by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". SECOND READING OF AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO CONDEMN FEE TITLE TO A CERTAIN TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CITING LIENHOLDERS OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF A TRACT OR PARCEL OF LAND FOR FIRE STATION NO. 14, SOUTH STAPLES AT HOLLY ROAD, PROJECT NO. 207-64-2; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE RECORD OWNER, SARATOGA LAND COMPANY, TO CARRY WT THE INTENTIONS OF THE ORDINANCE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby "Nay". ORDINANCE NO. 12218 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AMENDING SECTION 21-155, SCHEDULE III, "PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS", BY ADDING THERETO AN ITEM WHICH WILL HAVE THE EFFECT OF PROHIBITING PARKING AT ALL TIMES ON BOTH SIDES OF NUECES BAY BLVD., BETWEEN LEOPARD STREET AND INTERSTATE HIGHWAY 37, AND ON BOTH SIDES OF SOUTH ALAMEDA STREET, FROM HOFFMAN STREET TO A POINT 300 FEET SOUTH OF TEXAN TRAIL; AND PROVIDING FOR PUBLICA- TION. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12219 THIRD READING OF AN ORDINANCE AMENDING SECTION 21-68 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SPEED LIMITS ON A PORTION OF LEOPARD STREET, AS HEREIN- AFTER PROVIDED; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12220 THIRD READING OF AN ORDINANCE APPROVING CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING AUGUST 1, 1974, AND ENDING JULY 31, 1975, ACCORDING TO THE CITY CHARTER FOR PURPOSE OF FILING ADOPTED BUDGET WITH STATE COMPTROLLER AND COUNTY CLERK UNDER TEXAS BUDGET LAW, BEING SUBJECT OF APPROPRIATION HEREUNDER OF MONIES FOR SAID BUDGET; PROVIDING SAVINGS. The foregoing ordinance was read for the third time and passed finally by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby "Nay". ORDINANCE NO. 12221 THIRD READING OF AN ORDINANCE AMENDING ORDINANCE NO. 9864, PASSED AND APPROVED BY THE CITY COUNCIL ON JULY 29, 1970, BY AMENDING THE SCHEDULE FOR INTRA -CITY CHARTER • Minutes Regular Council Meeting August 14, 1974 Page 18 RATES FOR CITY -OWNED BUSES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE N0. 12222 AMEND THE CITY BUDGET: AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION, AND TO EXECUTE SUCH CONTRACTS AND OTHER RELATED DOCUMENTS AS MAY BE NECESSARY, TO THE GOVERNOR'S COMMITTEE ON AGING TO CONTINUE A NUTRITION PROGRAM FOR THE ELDERLY; SAID PROGRAM TO PROVIDE APPROXIMATELY 800 HOT MEALS DAILY AT LEAST FIVE (5) DAYS A WEEK, AS WELL AS BASIC SUPPORTIVE SERVICES SUCH AS TRANSPORTATION, OUTREACH, REFERRAL INFORMATION, COUNSELING, AND EDUCATION, SAID APPLICATION BEING AUTHORIZED UNDER THE PROVISIONS OF TITLE VII OF THE OLDER AMERICANS ACT, AS MORE FULLY SET FORTH IN THE APPLICATION AND CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12223 AMENDING THE CITY BUDGET; APPROPRIATING $9,200 OUT OF NO. 220 STREET BOND FUND APPLICABLE TO PROJECT NO. 220-70-107, SOUTH STAPLES STREET IMPROVEMENTS FROM PADRE ISLAND DRIVE TO SARATOGA BOULEVARD, WHICH AMOUNT WILL BE PIACED IN ESCROW WITH THE STATE TREASURER ACCOUNT OF TRUST FUND NO. 927 FOR THE CITY'S ADDITIONAL SHARE OF CONSTRUCTION COSTS UNDER THE TERMS OF THE CITY-STATE AGREEMENT FOR THIS PROJECT; OF THE TOTAL APPROPRIATION $2,642.08 IS DIRECT CITY COST FOR INCREASING THE STORM SEWER PIPE SIZES AND $6,557.92 IS REIMBURSABLE TO THE CITY FROM SARATOGA LAND COMPANY FOR STREET IMPROVEMENTS TO THREE STREET INTERSECTIONS ALONG SOUTH STAPLES; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SARATOGA LAND COMPANY TO PROVIDE FOR THE REIMBURSEMENT TO THE CITY FOR SAID STREET IMPROVEMENT COST; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE AUTHORIZING AND CONSENTING TO THE TRANSFER OF THE COMMUNITY ANTENNA TELEVISION FRANCHISE AND TO THE TRANSFER OF OWNERSHIP BY THE COMMUNITY ANTENNA TELEVISION SYSTEM FROM ATHENA CABLEVISION OF CORPUS CHRISTI, INC. TO CABLEVISION OF CORPUS CHRISTI, INC., WHEN, AS AND IF ACCOMPLISHED; PROVIDING THAT SAID CONSENTS ARE TO BE EFFECTIVE UNTIL THE TRANSFERS ARE ACCOMPLISHED BUT IN NO EVENT TO BE EFFECTIVE IN EXCESS OF ONE HUNDRED AND EIGHTY (180) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; APPROVING THE FINANCIAL RESPONSIBILITY OF THE PROPOSED TRANSFEREE; FINDING THAT THE PROPOSED TRANSFER HAS COMPLIED WITH THE TERMS OF ORDINANCE NO. 9470; PROVIDING THAT THE CONSENTS THEREBY GRANTED SHALL NOT BE AUTOMATICALLY OR IMPLIEDLY TERMINATED BY ANY REQUEST FOR OR GRANTING OF A FRANCHISE RENEWAL WITHIN SAID ONE HUNDRED AND EIGHTY (180) DAY PERIOD; 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, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby voting "Nay", and Lozano disqualified. Minutes Regular Council Meeting August 14, 1974 Page 19 ORDINANCE NO. 12224 • AMENDING ORDINANCE NO. 11954, PASSED AND APPROVED BY THE CITY COUNCIL ON MARCH 20, 1974, SO AS TO DELETE THAT PORTION OF HORNE ROAD IMPROVEMENTS UNIT II FROM AYERS STREET TO NAPLES STREET, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING A SEVERABILITY CLAUSE, 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, Lozano and Stark, present and voting "Aye"; Luby voting "Nay". ORDINANCE NO. 12225 AMENDING THE BUDGET; APPROPRIATING THE SUM OF $47,456.20 OUT OF NO. 295 - STORM SEWER BOND FUND WHICH AMOUNT IS TO BE TRANSFERRED FROM NO. 121 - GENERAL REVENUE SHARING FUND, ACTIVITY 5681, CODE 437, TO PROJECT NO. 295-67-46.1, FOR COST OF MATERIALS, LABOR AND EQUIPMENT TO ADJUST WATER LINES IN CONNECTION WITH CONSTRUC- TION OF THE CIARKWOOD DRAINAGE DITCH, WHICH AMOUNT IS TO REIMBURSE THE NO. 141 - WATER FUND; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12226 AMENDING THE CITY BUDGET; AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 3 FOR $2,114 TO THE CONTRACT WITH J. H. CHAPMAN CONSTRUCTION COMPANY FOR CORPUS CHRISTI MUSEUM INTERIOR FINISHING BUILDING NO. 2, SAID CHANGE ORDER TO PROVIDE FORA BACKFLOW PRE- VENTION SYSTEM ON THE HUMIDIFIER CHEMICAL INJECTION SYSTEM; APPROPRIATING $1,122.36 OUT OF NO. 291 PARK BOND FUND WHICH AMOUNT WILL BE TRANSFERRED FROM THE NO. 102 GENERAL FUND TO SUPPLEMENT $991.64 REMAINING FROM CONTINGENCY FUNDS APPROPRIATED BY ORDINANCE NO. 11737 DATED OCTOBER 10,1973; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". Mayor Luby made a statement that he intended to veto the ordinance approving the 1974-75 Budget. City Attorney James Riggs, advised Mayor Luby of Charter provisions governing legal procedures of his veto power of the ordinance, stating that if, after the ordinance is presented to him by the City Secretary for his approval and signature, he disapproves the ordinance, he shall state his objections thereto in writing, attach this statement to the ordinance and return it to the next regular meeting of the Council after presentation with his veto, and if he does not return it with such disapproval nor sign it, such ordinance shall, upon the expiration of the time for its return to the Council, be in effect and force as if he had approved. Mr. Riggs requested that an entry be made on next Wednesday's agenda for presentation of the Mayor's veto and that it be layed on the Table in the open meeting of the City Council. Mayor Luby read for the record, the following statement. • Minutes Regular Council Meeting August 14, 1974 Page 20 "MESSAGE TO THE PEOPLE OF CORPUS CHRISTI FROM: MAYOR JASON LUBY RE: VETO OF THE CITY MANAGER'S PROPOSED $46.4 MILLION BUDGET FOR 1974-75 " It is a matter of public record that I have opposed this gigantic expenditure in the fact of national inflation and local economic setbacks. "On Monday of this week, after the City Manager and members of the City Council had made no effort to reduce the budget by the million dollars I requested, I submitted to the Acting City Manager a list of ways by which a minimum of one million dollars could be cut. He advised me that he could not make any changes because he had not been authorized by the City Council. "As your Mayor, I have exactly one vote. While I put in a full day from five to seven days a week being your mayor, I am typing this on my private typewriter at home. "It is my contention that my duty as Mayor is to report to the people what is being done with their money, even though I stand alone against what I consider wasteful and unrealistic spending. "The City Budget is the proposed expenditures of moneys from various sources, and is extremely complex. The Charter requires that it be presented to the City Council by the second week in June to allow ample time to discuss and study it before the August 1 deadline. "My original refusal to pass it on an emergency basis was due to the fact that even on that date, July 31, the entire budget was not in our hands. Even so, all the Councilmen voted to approve it. I felt then, and I feel even more strongly now, that this enormous sum is too great and too inadequate in health areas for us to approve it without even knowing where the money will come from. "The City Manager has said this budget will not cause taxes to rise. The Council has passed an ordinance to that effect. Ordinances are easy to pass. Let me remind you that these gentlemen have already removed two million dollars worth of bayfront property from the tax rolls, all by ordinance. That spreads the tax burden even thinner. "My concern is for the many people onfixed income, small businessmen currently worried sick about overhead, the middle and lower income people whose grocery bills continue to rise; whose living costs continue to rise, and who were not given a ten percent cost of living raise. These are the people who are expected to carry the brunt of this budget, which is more than twenty percent higher than last year's. "There has been very little explanation of what was done to the budget in the utilization of the bulk of our revenue sharing funds to buy up bayfront land. Revenue sharing funds were intended to help the cities get their urgent needs cared for, and that is what we should have done. "Instead, this City Council, on the advice of the City Manager, deleted a sewer line costing approximately one million dollars, which was approved by the voters in 1970. I do not know why this project is not well under way after so many years. But I do know why that 1970 estimates will not pay for 1974 jobs, and postponing only increases the cost, while the needed pipe is extremely scarce. "The tragedy is that this crucial item was replacement of the oldest sewer line in the city, from approximately Ayers to Carroll Lane. The city has lowered a television into this line and observed that it has numerous dangerous cracks. "The engineering department has reported that replacement of this line is urgent and that it must be increased to 24 inches from the present 20 inch diameter because of visible overloading at manholes during peak pressure. "I am sincerely disturbed about what can happen to the water system of this city if this sewer line breaks. • • Minutes Regular Council Meeting August 14, 1974 Page 21 "Yet knowing all this, the City Manager and the City Councilmen have devoted their attention and our money to buying up bayfront property to the tune of two million dollars, more than enough to repair this line. "Most Corpus Christians are not aware that the city still hauls sewage from Clarkwood. But the budget cannot stretch to cover essentials so long as it is controlled by a few who are determined that the city should have a publicly owned bayfront science park where the voters originally turned down the Convention Center. "I must confess that I voted to buy sore of this land, under the impression that what I was approving was adjacent to the Science Park. Later, I learned that we have now committed most of our revenue sharing money to a checkerboard of land purchases at sky -rocketing cost to the voters. "It is the shocking truth that when the last page of the budget was finally produced...the page that deals with revenue sharing appropriations and commitments, it clearly stated that as of June 30, we were over -committed for $134,813. "It is worth noting that the third biggest item in the budget is debt retirement. We are already way out of proportion on interest, yet the Council plans to propose further bond elections for these sewer improvements. "The six Councilmen went into office on a campaign promising to improve the economy and create 2,000 jobs. I submit to you that the economy has suffered severely and that we do not have those added jobs. Instead this city's high cost of living has led to flourishing dormitory cities around us, decreasing the number of taxpaying residential occupants here. "Businesses are closing all over the city. Bankruptcies increase monthly. "Yet the City Manager continues to envision the city as one of sweeping growth. "The time is not right for a luxury budget. We need to cut every corner. We need to take a hard look at the number of highly paid executives in city hall. Seventeen make more than the Chief of Police and the Fire Chief; the two jobs that would be the last the voters would choose to eliminate. "I pointed out on Mondy how to cut the budget. If the Council ignores my suggestions and over -rides my veto, they will be answerable to the people. "At least I will have done my duty to the taxpayers, as I see it. Sincerely, Jason Luby Mayor and TAXPAYER" There being no further business to come before the Council, motion by Branch, seconded by Ricardo Gonzalez and passed, that the Regular meeting be adjourned at 8:05 p.m., August 14, 1974.