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.
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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.
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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
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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
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Regular Council Meeting
August 14, 1974
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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
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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,
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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
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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.
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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:
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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
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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.
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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
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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
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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
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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
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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.
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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
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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
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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.
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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.
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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.