HomeMy WebLinkAboutMinutes City Council - 08/21/1974PRESENT:
Mayor Jason Luby
Commissioners:
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
City Hall.
Church.
•
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
August 21, 1974
2:00 P.M.
City Manager R. Marvin Townsend
City Attorney James R. Riggs
City Secretary Bill G. Read
Mayor Jason Luby called the day's meeting to order in the Council Chamber of the
The Invocation was given by Reverend William K. Schuster of Mt. Olive Lutheran
City Secretary Bill G. Read called the roll of those in attendance.
Motion by Branch, seconded by Ricardo Gonialez and passed, that Mayor Pro Tem
Acuff be excused for just cause.
Mayor Luby announced the issuance of proclamations as follows: WOMEN'S SUFFRAGE
DAY, August 26, 1974; and FOSTER GRANDPARENT PROGRAM DAY, August 28, 1974.
On request of Mayor Luby, and by consensus of the Council, Pending Agenda Item
6(a), "Return to Council of Mayor's veto of Ordinance No. 12220, which provides for approval
and appropriation of funds for the 1974-75 Budget," and Pending Agenda Item 6(b), "Call of
Council consideration and vote on Mayor's veto of Ordinance No. 12220," were taken out of
their regular order for consideration at this time.
Mayor Luby delivered to the City Secretary, in open meeting of the Council, Ordinance
No. 12220, unsigned, with his veto statement containing written objections attached thereto at
2:08 p.m., August 21, 1974.
Mayor Luby read his 3 -page veto statement in its entirety, and noted attached Exhibit
"B" (State and Local Fiscal Assistance Act of 1972, listing use of funds by local governments for
priority expenditures); and Exhibit "C", (Unspent Allocations - Revenue Shoring). A copy of this
statement with referenced Exhibits, are attached to Ordinance No. 12220, which was finally
approved by the Council August 14, 1974, and on file in the office of the City Secretary.
Mayor Luby made comments relative to his reasons for vetoing the City Manager's
proposed 46.4 million dollar budget, specifically pointing out that the City Manager had said
this budget will not cause taxes to rise, but that $2 million worth of Bayfront property had been
•inutes
Regular Council Meeting
August 21, 1974
Page 2
• •
•
removed from the tax rolls by ordinances which will spread the tax burden heavier. He requested
that he be shown certificates of appropriation for all Bayfront Science park projects, certificates
of available funds, and proposed values. He pointed out on a map (Exhibit "A" attached to
Ordinance No. 12220) areas already purchased. He stated that purchase of the Bayfront Science
Park land with revenue sharing money was illegal according to Federal Law which calls for these
funds to be used for "ordinary and necessary" operating expenses for capital improvements, and
these purchases were not ordinary nor necessary because the City already has plenty of park land
and there are more pressing priorities elsewhere in the City. Mayor Luby also criticized the
deletion of a sewer line which he stated was approved by the voters in a bond issue in 1970 and
stated that in his opinion this project should have been left in the budget, and other items such as
land acquisition deleted. He pointed out the depressed economic situation in the City and stated
the time is not right for a luxury budget.
City Manager Townsend responded point by point to Mayor Luby's statements and reassured
the Council that the 1974-75 budget is balanced and has been correctly prepared, submitted,
adopted and approved.
City Attorney Riggs stated that in accordance with a recent digest of rulings from the
Office of Revenue Sharing and the direct comment to him in November, 1973, National Institute
of Municipal Law Officers Meeting, Dallas, by the Deputy General Counsel of the Office of
Revenue Sharing, that the Local Fiscal Assistance Act is to be liberally interpreted to permit our
hard-pressed cities to meet the needs of particular communities as their respective governing bodies
evaluate those local needs from time to time, he has found nothing inconsistent with the interpreta-
tion of these rulings and the actions of this City relating to Bayfront Science Park, and which do
include recreation, purchase of land, buildings, parks and maintenance, and operations for the
implementation of recreation and culture in the City.
Motion by Branch, seconded by Ricardo Gonzalez and passed, with Mayor Luby voting
"Nay", that the Corpus Christi Budget, as presented by the City Manager for the ensuing fiscal
year beginning August 1, 1974, and ending July 31, 1975, and appropriation Ordinance No. 12220,
be reaffirmed as finally passed.
Motion by Branch, seconded by Ricardo Gonzalez and passed, with Mayor Luby voting
"Nay", that the Mayor's subject veto of Ordinance No. 12220, approved by the Council August 14,
1974, be specifically overridden.
•
Minutes
Regular Council Meeting
August 21, 1974
Page 3
• •
Commissioner Branch stated his motion to approve the $46 -plus million dollar budget
had been made in light of the fact that the Council has gone on record that, beginning next
Wednesday, they will make a department by department review of the budget to find ways to cut
any unnecessary expenditures.
Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented
recommendations with comments and explanations as follows:
a. That a public hearing be held at a Special Council Meeting at 4:00 p.m. on
September 18, 1974 on the following zoning applications:
(1)
(2)
(3)
(4)
Mrs. Teresa G. Pena - "R -1B" to "B-1", located on the southwest corner of
Soledad Street and Greenwood Drive.
Mr, Reyes Castillo - "R -1B" to "B-4", located 150 feet south of Baldwin!
Boulevard and west of Virginia Avenue.
Mr. E. Michael Harding - "1-2" to "B-4", located between Leopard Street
and I.H. 37 and east of Corn Products Road.
Text Amendment - To create new article entitled "Historical -Cultural Land-
mark Preservation."
b. That a public hearing for closing portions of the South Staples Street right-of-way
and reverting the excess right-of-way to the abutting property owners be held on September 18,
1974. There are six parcels of right-of-way to be closed, all of which are recommended to be
returned to the abutting property owners. Parcel No. 5 will be returned to Mr. Plomarity and in
return the City will receive from the owner a 2' wide strip needed off of a portion of his lot.
c. That bids be received at 11:00 a.m. Tuesday, September 10, 1974 for two all
purpose tailgate material spreaders for the Street Division.
d. That contracts be awarded to the following firms for our 1974-75 requirements of
blueprint service, data processing cards, printing paper and stationery supplies: (Bid Tab 48-74)
C. C. Photo Service, Corpus Christi (Blueprint Service)
Globe Ticket Co., Dallas, Texas (Data Processing Cards)
Maverick Clarke, Corpus Christi (Lot 111 Envelopes, Lot IV
Adding Machine Paper, Lot V Stationery Supplies)
$ 4,374.91
14,182.20
20,677.53
$39,234.64
That all bids received on Data Processing Cards - Lot II (continuous forms) be rejected
because the Data Processing Department is revising its forms and new bids will be sought upon
revision. It is also recommended that the only bid received on standard stock forms of $11,981 .80
from Burroughs Corporation of Corpus Christi be rejected and our requirements be purchased by
quotation on the open market as needed. The bid did not meet specifications because it was for
an exact quantity to be specially manufactured with the City obligated to pay the entire amount
• •
Minutes
Regular Council Meeting
August 21, 1974
Page 4
at the time of manufacture. Bids were received from 9 firms with an average price increase of
31%.
e. That the following actions be taken in connection with the Sidewalk Improvements,
Unit VII, Project:
(1)
That the public hearing for assessments be closed and that the corrected assess-
ment roll be adopted.
(2) That Clarkwood Road from Iris Street to Lot 9, Block 10, Clarkwood Townsite
east side be deleted from the project and that assessment liens on Items 1, 2
and 3 be released. The principal of Clarkwood School has been consulted with
and he concurs with the recommendation.
(3) That Everhart Road from the South property line of Lot 1, Block 2, Alameda
Estate 02 to the North property line of Lot 16, Block 3, Alameda Estate #3,
southeast side be deleted from the project and the assessment liens for Items
30 through 35 be released.
(4) That Robert Drive from Santa Fe to Estate Drive be left in the project to provide
a safe means for children to walk to Windsor Park School and shoppers to Town
and Country Shopping Center. It is also recommended that assessments be
levied against the abutting properties.
That a contract for the construction of Sidewalk Improvements, Unit VII, be
awarded to E. J. Netek Construction Co. and that $36,000.00 be appropriated
including $33,075.98 for the construction contract and $2,924.02 for contin-
gencies and incidental expenses.
(5)
f. That Change Order No. 1 to the Bayfront Open Space Park Improvement work in
the amount of $5,026.00 be approved with Asphalt Paving & Construction Co. to provide for the.
construction of an additional 500' of 7' wide bicycle path. This change will allow for the Oleander
Park bicycle path to enter Cole Park at the lower level, instead of terminating in Ocean Drive so
that the path can be continued through Cole Park to downtown in a future contract. No additional
appropriation is required since sufficient contingency funds exist.
g. That acquisition of Parcels 49, 50, 51, Block 70 and Parcel 82, Block 62, Bayfront
Science Park from Mrs. Ethel Bates for $67,500.00 be approved. Parcels 49, 50 and 51 are located
in the 1600 Block of N. Chaparral between Hughes and Resaca Street and Parcel 82 is located in
the 1500 Block of N. Water Street between Fitzgerald and Resaca.
h. That authority be granted to execute a contract with the Coastal Bend Manpower.
Consortium for Title 11 funds under the Comprehensive Employment and Training Act of 1973 to
provide unemployed and underemployed persons with transitional employment in needed public
services. The contract provides for 28 positions. The county has not yet developed its request
for 10 positions. When the county does develop its request, the contract can be amended.
41/ •
• •
Minutes
Regular Council Meeting
August 21, 1974
Page 5
i. That authority be granted to execute agreements between the City, as the adminis-
trative unit of the Coastal Bend Manpower Consortium, and the City of Robstown under Title II of
the Comprehensive Employment and Training Act of 1973 for funds to provide unemployed and
underemployed persons with transitional employment in needed public services. Five positions are
provided for under the contract.
j. That authority be granted to execute an amended contract with the U.S. Department
of Housing and Urban Development for additional funds to continue the present Code Enforcement
program in the Airport Park and Lexington subdivision areas through December, 1974. The original
contract with HUD provided for a federal share of $900,596.00. This amendment provides for an
additional $149,000.00 of federal funds bringing the total federal funding to $1,049,596.00. No
additional City funds will be required as there is currently sufficient credit from the completed
public improvements to cover the City's one-third share of the program cost. The $149,000.00
additional funds have been allocated as follows: $119,000 for program cost and $30,000 in
rehabilitation grants. Of the 332 houses in the two areas that needed rehabilitation, 51 still need
to be brought into compliance. This amended contract should allow most of these to be corrected
and to carry on the Municipal Loan Program in conjunction with CDC and 8 local financial institu-
tions.
k. That a one-year contract be authorized with the Nueces County Rural Fire
Prevention District #2 (Flour Bluff) under which the City will pay the District $30,115 in return
for the District not levying a tax and providing fire service including at least 10 volunteer firemen
at any serious brush, grass or major fire within the district. The City will also provide the radio
equipment and maintain the radios. Other provisions of the proposed contract provide for the
purchase of gasoline by the District under the City's contracts with reimbursement to the City for
the cost of the gasoline purchased and for 30 -day cancellation by either party. The contract provides
that District is to serve only as a source of support in their district and that the City is the responsible
agency for managing fire defense in both the City and the district.
I. That the public hearing for street improvements an Violet Road from Leopard Street
to I.H. #37 be closed and that the assessment roll for this project be approved as corrected provid-
ing for the construction of curbs, gutters, sidewalks along all business property and residential
property on the east side, and driveways, on this project which is being jointly constructed by the
City and the Texas Highway Department. The assessment roll reflects full assessment on business
•
Minutes
Regular Council Meeting
August 21, 1974
Page 6
•
properties and reduced assessments on residential properties to be in general conformance with
the prevailing residential rates on recent construction contracts.
m. That the location for the auditorium as presented by the architects, Caudill,
Rowlett and Scott, and Swanson, Heister, Wilson and Claycomb, in this schematic design report
be approved, approximately $175,000 be appropriated on September 4, 1974 for the design develop-
ment, working drawings, specifications, detail plans, and proposed contract phases for the audi-
torium, and the architects be authorized to proceed. Money for this appropriation k available
from bonds already sold from the December 1972 bond election.
Mr. Clyde Teague, superintendent of Calallen School District, spoke relative to Item
"I", Violet Road Street Improvements, and expressed appreciation for the staff's consideration for
reduction in the assessments. He stated, however, he did not agree that there is a need for the
sidewalks.
Motion by Ricardo Gonzalez, seconded by Lozano and passed, with Mayor Luby voting
"Nay" on Items "I" and "g", and Stark voting "Nay" on Item "I", that the City Manager's Reports,
Items "a" through "m", be accepted, and the requests and recommendations be approved and
adopted as presented by City Manager Townsend.
Mrs. Shirley Johnson, Mr. Joe A. Martinez, and Mr. David Saenz, all spoke in favor
of the Council approving Athena Cablevision's request for renewal of their franchise, and requested
rate increase.
City Manager Townsend presented and reviewed ordinances for the Council's consideration.
SECOND 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 second time and passed to its third reading by
the following vote: Luby, Branch, Tom Gonzales, Ricardo Gonzalez, and Stark present and voting
"Aye"; Acuff absent.
SECOND 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 RE-
NEWAL; 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 second time and passed to its third reading by
•
Minutes
Regular Council Meeting
August 21, 1974
Page 7
• •
the following vote: Branch, Tom Gonzales, Ricardo Gonzalez and Stark present and voting "Aye";
Luby abstained, Lozano disqualified and Acuff absent.
SECOND READING OF AN ORDINANCE AUTHORIZING AND CONSENTING TO THE TRANSFER
OF THE COMMUNITY ANTENNA TELEVISION FRANCHISE AND TO THE TRANSFER OF OWNER-
SHIP 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 second time and passed to its third reading by
the following vote: Branch, Tom Gonzales, Ricardo Gonzalez and Stark present and voting "Aye";
Luby abstained, Lozano disqualified and Acuff absent.
ORDINANCE NO. 12230
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 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 third time and passed finally by the following
vote: Luby, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting
"Aye"; Acuff absent.
ORDINANCE NO. 12231
THIRD 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 LIEN -
HOLDERS 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 CONDEMNA-
TION PROCEEDINGS AGAINST THE RECORD OWNER, SARATOGA LAND COMPANY, TO
CARRY OUT THE INTENTIONS OF THE ORDINANCE.
The foregoing ordinance was read for the third time and passed finally by the following
vote: Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye";
Luby present and voting "Nay"; Acuff absent.
ORDINANCE NO. 12232
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, AND ALL RELATED DOCUMENTS,
WITH THE COASTAL BEND MANPOWER CONSORTIUM FOR TITLE II FUNDS UNDER THE COMPRE-
HENSIVE EMPLOYMENT AND TRAINING ACT OF 1973 TO PROVIDE UNEMPLOYED AND UNDER-
EMPLOYED PERSONS WITH TRANSITIONAL EMPLOYMENT IN NEEDED PUBLIC SERVICES, AND
DECLARING AN EMERGENCY.
•
Minutes
Regular Council Meeting
August 21, 1974
Page 8
• •
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting
"Aye"; Acuff absent.
ORDINANCE NO. 12233
AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS AND ALL OTHER RELATED
DOCUMENTS BETWEEN THE CITY OF CORPUS CHRISTI, AS THE ADMINISTRATIVE UNIT OF THE
COASTAL BEND MANPOWER CONSORTIUM, AND THE CITY OF ROBSTOWN UNDER TITLE II
OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973 FOR FUNDS TO PROVIDE
UNEMPLOYED AND UNDEREMPLOYED PERSONS WITH TRANSITIONAL EMPLOYMENT IN
NEEDED PUBLIC SERVICES; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting
"Aye"; Acuff absent.
ORDINANCE NO. 12234
FURTHER AMENDING ORDINANCE NO. 12123, APPROVED JUNE 19, 1974, AS AMENDED BY
ORDINANCE NO. 12165, APPROVED JULY 10, 1974, SO AS TO DELETE FROM SIDEWALK
IMPROVEMENTS, UNIT VII, THE FOLLOWING STREETS:
1 o CLARKWOOD ROAD, FROM IRIS STREET TO LOT 9, BLOCK 10,
CLARKWOOD TOWNSITE, EAST SIDE;
2. EVERHART ROAD, FROM SOUTH P/L OF LOT 1, BLOCK 2,
ALAMEDA ESTATES #2 TO THE NORTH P/L OF LOT 16, BLOCK
3, ALAMEDA ESTATES #3, SOUTHEAST SIDE;
PROVIDING FOR RELEASE OF LIEN ON SAID DELETED ITEMS; REPEALING ALL ORDINANCES
IN CONFLICT HEREWITH; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting
"Aye"; Acuff absent.
ORDINANCE NO. 12235
AMENDING THE CITY BUDGET; APPROPRIATING OUT OF NO. 220 STREET BOND FUND
$36,000, OF WHICH $33,075.98 IS FOR THE CONSTRUCTION CONTRACT AND $2,924.02 IS
FOR CONTINGENCIES AND INCIDENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO.
220-72-11; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH E. J. NETEK
CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF SIDEWALK IMPROVEMENTS, UNIT
VII; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting
"Aye"; Acuff absent.
ORDINANCE NO. 12236
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED CONTRACT WITH THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHICH PROVIDES FOR $149,000
ADDITIONAL FUNDS FOR CONTINUATION OF THE CODE ENFORCEMENT PROGRAM UNDER
TITLE I OF THE HOUSING ACT OF 1949, AS AMENDED, IN THE AIRPORT AND LEXINGTON
•
Minutes
Regular Council Meeting
August 21, 1974
Page 9
•
SUBDIVISION AREAS, BEING CONTRACT NO. TEX E-21 (G), BRINGING THE TOTAL FEDERAL
SHARE TO $1,049,596, A COPY OF SAID AMENDMENT BEING ATTACHED HERETO, MARKED
EXHIBIT "A", AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting
"Aye"; Acuff absent.
ORDINANCE NO. 12237
AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE-YEAR CONTRACT, AND OTHER R
RELATED DOCUMENTS, WITH THE NUECES COUNTY RURAL FIRE PREVENTION DISTRICT /2
(FLOUR BLUFF); A COPY OF WHICH CONTRACT IS ATTACHED, MARKED EXHIBIT "A", AND
INCORPORATED HEREIN FOR ALL PERTINENT PURPOSES; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting
"Aye"; Acuff absent.
Mayor Luby announced the public hearing scheduled for 3:00 p.m. on the closing of a
portion of Tweet Street between Cosner and Kostoryz.
City Manager Townsend presented the request, pointed out the location of the portion
to be closed on the map, and gave background information relative to revocable easements authorized
approximately a year ago whereby abutting property owners were permitted to fence, maintain and
grade along the right of way to preclude access. He stated one owner, Mrs. Walter Groce had
signed such a document. He explained that the affected departments had been contacted and it is
the recommendation of the staff that the street be closed with the provision that easements be retained
for the existing utility lines, or relocated at the expense of the applicant, and that access be pro-
vided to Lot 19 which does not have access except from Tweet Street. He explained that this can
be corrected by replotting Lot 19 and Lot 2, Boulevard Place into one lot.
Mr. Tim Clower, applicant, showed slides of the portion of Tweet Street proposed to be
closed, pointing out the unkempt condition and lack of use as a street. He stated that Lot 19 and
Lot 1 are under one ownership; that they propose to provide access to Lot 19 by agreement, and will
provide or retain easements for the existing utilities. He stated that he had filed letters with the
City Secretary from all the owners of Boulevard Place stating they were in favor of the proposed
closing, and they would provide the staff with documents for their approval.
Mr. Jerome Perez stated he was concerned with the effect the closing would have on
future buildings and how much buffer zone would be retained. He explained that in his case, his
Illtinutes
Regular Council Meeting
August 21, 1974
Page 10
• •
property would be residential and directly across to the rear from it would be commercial property.
He stated he is concerned os to what would happen if this area were changed to an easement.
Mr. Clower stated the same building lines would prevail. City Manager Townsend explained that
it was possible Mr. Perez would get 12-1/2 feet more land, and it would be vertified as to how
much is needed for the easement.
Motion by Stark, seconded by Branch and passed, that the hearing be closed.
Motion by Lozano, seconded by Ricardo Gonzalez and passed, that Tweet Street be
closed between Kostoryz and Cosner subject to the provision that access be provided to Lot 19,
and subject to retention of easements for utilities as needed, and that an ordinance be brought
forward effectuating the closing after details have been satisfactorily worked out with the staff and
the applicant.
Mayor Luby called for petitions or information from the audience on matters not scheduled
on the agenda.
State Representative Joe Salem appeared before the Council and read a letter he had
sent to Mr. Barney M. Davis, President of Central Power and Light Company, asking that considera-
tion be given to some form of temporary rebate to help compensate the poor of the City for the higher
utility bills. He also read a letter which he received from Mr. Davis in answer to his, stating that
some form of relief had been considered and made suggestions as to ways for dealing with this need.
Mr. Salem suggested that a review board be set up by Central Power and Light Company to consider
requests for relief and that it be funded from the increased revenues they are now receiving. He
stated he had received another suggestion from U. S. Representative Henry B. Gonzalez of San
Antonio that a special rate structure for the poor and elderly be created. (Council Exhibit 07-74)
Mr. Townsend explained that a new rate schedule could be drawn up that shifts the higher
rates away from the small user, but it would have to be nondiscriminatory and not just given to the
poor and elderly.
Mr. Paul A. Vogler, Jr., appeared and requested that surplus dirt from street improvement
projects be used to fill in an area at the State School for use as a Little Miss kickball field. He
stated he had consulted with the supervisor of the School and had been advised that there are no
plans for use of the land within the next five years. He suggested that the surplus dirt be stored in
the State Building until it can be utilized.
City Manager Townsend stated this would present no problem and would require no action
Minutes
Regular Council Meeting
August 21, 1974
Page 11
from the Council. He commented that the Horne Road, Prescott, and Greenwood Park projects
are practically finished, but that the suggestion has merit for future projects.
Mr. Richard Pittman, representative of Central Power & Light Company, appeared and
announced that Central Power & Light Company's average delivered cost of fuel was 86.04 per
million BTU, and that this increase will be reflected on the September billing to customers and
would amount to $8.71 per thousand kilowatt hours.
There being no further business to come before the Council, motion by Lozano, seconded
by Ricardo Gonzalez and passed, that the Regular Meeting be adjourned at 4:30 p.m., August 21,
1974.