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HomeMy WebLinkAboutMinutes City Council - 11/27/1974PRESENT: t .t ----rR MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING November 27, 1974 2:00 P.M. Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark Hall. City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary Bill G. Read Mayor Jason Luby called the meeting to order in the Council Chamber of the City The Invocation was given by Commissioner Harold T. Branch in the absence of the invited guest chaplain. City Secretary Bill Read called the roll of those in attendance. Mayor Luby announced the issuance of proclamations relative to the following: VOICE OF DEMOCRACY DAYS, December 1 through 10, 1974; HOME AND FAMILY MONTH, Thanksgiving Day through Christmas Day, 1974; and CIVIL AIR PATROL WEEK, December 1 through December7, 1974. Mayor Luby announced the opening of bids. Director of Engineering and Physical Development opened and read bids for construction of storm sewer laterals in the Mayfield Drive-Starlite Lane area, including a storm sewer in Mayfield Drive from Starlite Lane toward Violet Road and Starlite Lane from Mayfield Drive toward Highway 9, from the following firms: H -S Green Company, Inc.; Heldenfels Brothers; Maverick Construc.ion Company; Slovak Brothers, Inc.; T. H. Lee, Contractor; Asphalt Paving Company; Burtex Constructors, Inc.; and W. T. Young. Mr. Lontos explained that the project is part of the 1972 bond program. The foregoing bids were tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. Mr. Lontos opened and read bids for construction of two Senior Citizen Buildings and Lindale Park Improvements. He explained that one building is proposed in Lindale Park and the other at the intersection of Greenwood Drive and Horne Road. The buildings contain 11,500 square feet each including the interior courtyard. The additional work proposed in Lindale Park consists of access roads, sidewalks, parking Tots and the relocation of the existing softball field. Because of the uncertainty of construction costs, a number of additive and deductive alternates �inutes Regular Council Meeting November 27, 1974 Page 2 • have been added including quarry tile for the sidewalks around the courtyard, deletion of wooden cabinets and furnishing of used stainless steel ones, deletion of some residential kitchen equip- ment and furnishing of commerical equipment, solar grey glass in lieu of clear gloss, a post -tension slab in lieu of pour -in-place and asphalt shingle roof in lieu of concrete tile. The following firms submitted bids: Coastcon Corporation; Lanphier Construction Company; and Wm. J. Shaw, Builder. The foregoing bids were tabled for 48 hours pursuant to the requirements of the City Charter and referred to the City Manager for tabulation and recommendation. City Manager Townsend announced the public hearing for contractual annexation of approximately 85 acres located on the southwest corner of South Staples Street and Saratoga Boulevard, including street. He explained that the property is owned by Mr. Hulen Hunt and was zoned "A-1" and "B-4" on May 15, 1974 following the public hearing on the zoning matter at which time the annexation was discussed. He stated it is the staff's recommendation that the contractual annexation be effectuated. No one appeared in opposition to the contractual annexation of the foregoing described property. Mr. Ed Prichard, attorney representing the applicant, explained that Mr. Hunt desires to develop a portion of the area as a shopping center complex. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the hearing be closed. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the approximately 85 acres, including street and Lots Nos. 5 through 8, inclusive, Section 5, Flour Bluff and Encina! Farm u..... •arden Tracts, be annexed into the City limits of the City, and that an ordi- nance be brought forward effectuating this action. City Manager Townsend presented the request to close the 40' dedicated but unopened roadway existing between Lot 25, Section 13 and Lot 32, Section 18, Flour Bluff and Encinal Farm and Carden Tracts. He explained that the request was initiated by Mr. Tom Swantner, Trustee, and concurred in by Mr. A. L. Rankin and Mr. Clem Starry. He stated the affected City Departments had been contacted and there was basic agreement that the street be closed with the exception of some concern as to the continuation of a through street from Holly Road into the back of Lemonwood, and also concern that a 10 foot utility easement be retained for future extension of an 8 inch gas line which comes through Candlewood Subdivision. He stated it is his recommendation that the street be closed as requested and with the understanding that �inutes Regular Council Meeting November 27, 1974 Page 3 the owners will comply with the conditions that when the area is replotted, Lemonwood Drive will be continued into the area, and subject to retention of a utility easement for future extension ofgas line. Mr. Tom Swantner explained that his reasons for the request are that the closing will allow the engineering firm to proceed with studies and plans for a properly platted and orderly project in which streets or easements would be dedicated in accordance with the highest and best use. No one appeared in opposition to the foregoing request. Motion by Acuff, seconded by Branch and passed, that the hearing be closed. Motion by Lozano, seconded by Acuff and passed, that the recommendation of the staff be concurred in and that the 40 foot dedicated but unopened roadway existing between Lot 25, Section 13 and Lot 32, Section 18, Flour Bluff and Encinal Farm and Garden Tracts, be closed subject to the continuation of Lemonwood into the area by replotting prior to development, and retention of a utility easement for future extension of a gas line, and an ordinance be brought forward effectuating the closing. City Manager Townsend presented the following Ordinance requiring that notice be filed in the office of the County Clerk: ORDINANCE NO. 12365 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENTS OF: 1. Vera Cruz Street, from Baldwin Blvd. to Lou Street; 2. Torreon Street, from Baldwin Blvd. to Lou Street; 3. Cortez Street, from Baldwin Blvd. to Lou Street; 4. ,ana Street, from Pine Street to Agnes Street; 5. Baluoa Street, from Baldwin Street to Agnes Street; 6. Pueblo Street, from Pine Street to Agnes Street; 7. Shawnee Street, from Baldwin Blvd. to Agnes Street; 8. Hiawatha Street, from Chippewa Street to Agnes Street; 9. Virginia Street, from Baldwin Blvd. to Agnes Street; 10. Mohawk Street, from Baldwin Blvd. to Agnes Street; 11. Francesca Street, from Ruth Street to Agnes Street; 12. Tampico Street, from Balboa Street to Galvan Street; 13. ';alvan (Juanita) Street, from Balboa to Cortez Street; 14. Pine Street, from Hiawatha Street to Cortez Street; 15. Lou. Street, from Virginia Street to Airport Road; 16. Huron Street, from Hiawatha Street to Virginia Street; 17. Chippewa Street, from Pueblo Street to Virginia Street; IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICA- TIONS, REQUIRING THE CITY SECRETARY TO FILE NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENT SHALL BE PAID; AND DECLARING AN EMERGENCY. likutes Regular Council Meeting November 27, 1974 Page 4 • The Charter Rule was suspended and the foregoing ordinance was passed by the follow- ing vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". Mayor Luby called for the City Manager's Reports, and City Manager Townsend pre- sented recommendations with explanations and comments as follows: a. That a public hearing be held at a Special Council Meeting at 3:30 p.m. on December 18, 1974 on the following zoning applications: (1) Dr. S. K. Stroud - "R -1B" to "B-1", located on the northwest side of Robert Drive between Junior Terrace and South Alameda Street. (2) E. L. Bearden Co. - Exception to Standard Screening Fence Require- ment along North Property Line, located west side of Hunter Road between Bearden Drive and 1. H. #37. (3) Mr. John F. Nicholson - Exception to Standard Screening Fence Requirement along North, South and East Property Lines, fronting west on Waldron Road 640' north of Yorktown Boulevard. (4) Good Hope Chemical Co. - "R -1A" to "1-3", water area adjacent to Northeast Shore of Corpus Christi Bay and adjacent to the LaQuinta Ship Channel and San Patricio County. b. That bids be received at 11:00 a.m., Tuesday, December 17, 1974 for irrigation equipment (sprinkler heads and controllers), for use by the Park Division. Most of the equipment will be used to irrigate portions of the Bayfront Open Space parks, the Greenwood Softball Complex, and the Garden Center and for maintenance of present irrigation systems. c. That a contract be awarded to Creveling Dodge, Corpus Christi for the leasing with option to purchase of two intermediate size sedans, one for the Police Planning and Research Unit and one for the Police Legal Advisor on the basis of low bid of $169 per month plus $.04 per mile for each mile in excess of 1,500 miles per month. The leases will run from December 1, 1974 through June 30 and September 30, 1975 with an option to continue the lease or purchase at that time. Bids were received from two firms. Price comparison reflects a decrease of 15.5% over previous leo a in January, 1974. Funds for the leasing are provided through Criminal Justice Council grants. (Bid Tab #64-74) d. That a contract be awarded to Allied Fence Company, Corpus Christi for fencing and backstop material for the Greenwood Softball Complex on the basis of low bid of $8,408.92. Bids were received from 5 firms. Price comparison reveals an increase of 55% for the fencing material. Installation will be performed by the Parks Division. (Bid Tab #65-74) •utes Regular Council Meeting November 27, 1974 Page 5 • e. That contracts be awarded to the following firms for traffic control equipment: (Bid Tab #66-74) Trans Tronica, Bedford, Texas (Lots I & II -multi -phase and left turn controllers) $11,975.00 Econolite, Fort Wcrth, Texas (Lot III two-phase controllers) 2,917.20 Automatic Signal, Fort Worth, Texas (Lots V & IX - signal heads & control cable) 7,100.04 Signal Engineering, Corpus Christi (Lots IV, VII & VIII - fixed -time controllers, pedestrian signals, mast arms and vehicle detectors) 11,119.20 $33,111.44 Bids were received from 5 firms. Price comparison shows an increase of 33%. All of the equipment except control cable (Lot IX) will be used to signalize or improve signalization at Airline and McArdle Road, Hearn Road and Highway 77, Peoples Street and West Shoreline Boulevard, and Ocean Drive at the A&I exit as provided for in the 1972 bond election and it is recommended that $30,997.40 be appropriated therefor. The control cable is for general use by the Traffic Engineering Department. f. That the Interceptor Sewer 34-A, Section 3, to serve the Calallen area be awarded to Burtex Constructors, Inc. for $310,534.50 and $325,000 be appropriated for the contract and related expenses. The project includes construction of a lift station and combination gravity and force main along Up River Road from Lum Hart Road to Sharpsburg Road. g. That $5,994 be appropriated for laboratory services required in connection with design of the following 1972 bond election projects: (11 North Staples Street, Leopard to West Broadway ($2,529). (2)-tarlite Lane, Leopard to Sunny Drive ($2,505). (3) McGee Beach Improvements ($960). Services for the two street improvements projects will be provided by Trinity Engineering Testing Corporation and for the McGee Beach Project by Stapp -Hamilton & Associates, Inc., including foundation design for the bath house, concession stand, and other improvements. h. Tnat the Preliminary Assessment Roll for the Austin School Area Street Improvements, Unit II, be approved and a public hearing on the assessments be held 12/26/74, 7:00 p.m., Ella Barnes Jr. High School. The assessment roll includes 650 items and totals $405,155.24. The assessment roll has been prepared on the basis of the low bid of Burtex Constructors, Inc., of $796,375.13. The bid provides for lime stablized subgrade and 2 inches of hot mix surface on all streets. The streets included in this project are as follows: nutes egular Council Meeting November 27, 1974 Page 6 (1) Vera Cruz Street, from Baldwin Blvd. to Lou Street (2) Torreon Street, from Baldwin Blvd. to Lou Street (3) Cortez Street, from Baldwin Blvd. to Lou Street (4) Havana Street, from Pine Street to Agnes Street (5) Balboa Street, from Baldwin Street to Agnes Street (6) Pueblo Street, from Pine Street to Agnes Street (7) Shawnee Street, from Baldwin Blvd. to Agnes Street (8) Hiawatha Street, from Chippewa Street to Agnes Street (9) Virginia Street, from Baldwin Blvd. to Agnes Street (10) Mohawk Street, from Baldwin Blvd. to Agnes Street (11) Francesca Street, from Ruth Street to Agnes Street (12) Tampico Street, from Balboa Street to Galvan Street (13) Galvan (Juanita) Street, from Balboa Street to Cortez Street (14) Pine Street, from Hiawatha Street to Cortez Street (15) Lou Street, from Virginia Street to Airport Road (16) Huron Street, from Hiawatha Street to Virginia Street (17) Chippewa Street, from Pueblo Street to Virginia Street • i. That $8,500 be appropriated to provide additional funds for the $19, 100 compromise settlement with Mr. and Mrs. J. D. Cable for acquisition of Parcel No. 23, Bayfront Open Space Park No. 3. The Commissioners award was $10,400. The compromise settlement recognizing the value without restriction, was authorized by Council action on November 13, 1974 with the understanding that the parcel would be deed restricted against toilet facility use for a period of 10 years. j. That the proposal of Dr. Gary Low of Texas A&I University at Corpus Christi for evaluation of Police Community Relations Program be accepted for $4,100 for 1974-75. The evaluation will evaluate the program's activities through a representative sample of program target populations to determine the impact of the program and how the program has affected public feelings toward the Police Division. k. That a contract be authorized with IBM Corporation for the installment purchase of additional computer core capacity to upgrade the internal memory from 196K (thousand bits of information) to 262K. The cost will be $54,285.44 including interest with a down payment of $2,330.00 and the balance to be paid over a five-year period as rent. The budgeted increased core capacity will continue to provide on-line access to the computer by the Utilities Department and Municipal C urt and allow the expansion of the Police Information System by adding the Criminal Incident file (types of crime by census tract area). This is the second planned increase this year. I. That authority be granted to execute a 5 -year lease agreement with Corpus Christi Housing Authority under which the City will lease from the Housing Authority a 4.02 acre tract of land for the purpose of providing a neighborhood park (Wiggins Park). The park is within the •utes Regular Council Meeting November 27, 1974 Page 7 Wiggins Housing project bounded by Buford, 22nd, 19th and Ruth Streets. This is a continuation of a previous 5 -year lease, The Park and Recreation Board concurs. m. That the Fire and Police Divisions be redesignated as departments. The Depart- ment of Public Safety has existed for many years but has only been operated as a department twice. Communication and coordination with the Fire and Police activities can be better accomplished by their direct reporting to the City Manager. The designation as departments is appropriate con- sidering the importance of the work carried out, the emergency nature of that work, the number of personnel and the money involved. n. That a resolution be passed recognizing the attractiveness of the new Corpus Christi Savings and Loan Association parking area between Water, Chaparral and Kinney Streets and Cooper Alley, and the enhancement it provides to the downtown area. o. That authority be granted to apply to the Governor's Office of Traffic Safety and execute related contracts for assistance in a program to photolog all streets in Corpus Christi. Under this program, the equipment and film would be provided by the State and the City would furnish the personnel. The City's first year cost for one position will be offset by transfers from the using divisions. p. That a majority of the City Council members will be attending the Annual National League of Cities meeting in Houston on December 4, it is recommended that a Council meeting not be held on Wednesday, December 4, 1974, because a quorum will not be present. Also, since Christmas and New Year's Day, both legal holidays, fall on Wednesday, it is recommended that City Council meetings not be held =n December 25, 1974 and January 1, 1975, and that instead, a meeting be held on Thursday, December 26, 1974. q. That the City Manager be authorized to receive bids December 18, 1974 for the demolition of two structures at 611 and 613 North Chaparral. These two buildings have been in a state of disrepair and vacant for several years. The buildings have been the subject of much criticism from downtown businessmen because of their potential fire hazards, appearance and vandalism. r. That acquisition of Parcels 7 8, 14, Block 91, Bayfront Science Park be approved, and $169,700 be appropriated out of the appropriate General revenue sharing fund to cover acquisition costs ($163,700) and closing and demolition cost ($6,000.00). Parcel 7 and 14 are bounded by North Shoreline, Brewster Street and North Water Streets. The Parcels are owned by nutes Regular Council Meeting November 27, 1974 Page 8 Mr. Harvie Branscomb, Jr., Mr. William S. Whittet et al. s. That the City Charter Amendment Election of Saturday, January 18, 1975 be scheduled as foliows: (1) Election Ordinance pending final reading on November 27, 1974 be amended to complete Council -submitted amendments and the details of the election procedure described here. (2) "Good Government League" validated amendment proposition be placed on first ordinance reading November 27, 1974 for election on Saturday, January 18, 1975. (3) First Election Notice be published Thursday, December 26, 1974, to include all propositions and that the "Good Government League" proposition be designated "Proposition No. 1." (4) Commence absentee voting Monday, December 30, 1974 and that the City Secretary provide for such voting on regular work days and additionally on Saturday, January 11, 1975. (5) (6) Second Election Notice be published Thursday, January 2, 1975. Absentee voting conclude Tuesday, January 14, 1975. In answer to a question raised by Commissioner Ricardo Gonzalez regarding solicita- tions by Firemen, City Manager Townsend stated that there is a blanket policy of the staff at this time and has been in existence for a number of years that no City employee is authorized to solicit anything on City property while on duty or in uniform, but no prohibition against using the Fire Station or any City Building as a collection point. He explained that a City employee in uniform or on City property would be in an unusual position to urge the sale of whatever is being sold, thus, the reason for the ruling. Commissioner Gonzalez stated this policy should be explained to Firemen and policemen so there would be no misunderstanding. Mrs. Roger Chavana, 3322 Casa Bonita, questioned the omission of Cheyenne Street from the list of streets to be improved in the Austin School Area Street Improvement program. City Manager Townsend explained that the 17 streets included in the Unit 11 program are those streets for which there are valid petitions. Commissioner Branch stated it was his understanding that landscaping was not included in the plans for the two Senior Citizen Buildings and was concerned as to where the additional money would come from. City Manager Townsend explained that there would probably be some substantial reductions made in the park improvements and that recommendations will be made in this regard. Motion by Acuff, seconded by Lozano, with Luby voting "Nay" on Items "r" and "s", •nutes Regular Council Meeting November 27, 1974 Page 9 that the City Manager's Reports be accepted, and that the requests and recommendations be granted and approved as presented by City Manager Townsend. City Manager Townsend presented and reviewed ordinances for consideration of the Council. • Mayor Luby announced that he will veto the ordinance being presented to the Council for third and final reading, read on the first and second of three readings November 13 and November 20, respectively, ordering an election to be held on January 18, 1975 on the question of adopting certain Charter Amendments, and presented a written statement as to his reasons for same as follows: (1) "The matters contained in said ordinance are, and will be in direct conflict with the ordinance covering the matters contained in the validated petition for strong mayor type City government (2) "Article 2, Section 10. Restrictions upon members of Council (a) is unconstitutional as is shown by the Attorney General's opinion dated November 5, 1974; letter Advisory No. 85, a copy of which is enclosed for your perusal (3) "It is my opinion that Article 1170 Amendments, V.A.S. specifically provides that upon presentation of a petition it precludes the inclusion of any other amendments to the Charter" City Manager Townsend clarified proposed changes, including the change of the election date from January 25 to January 18, and by, without limitation, amending the title, recitals, adding, changing, or deleting propositions, numbering the same, prescribing polling places, naming election officials, providing absentee voting, appointing a canvassing board, and directing the City Secretary relative thereto and as to the form and publication of notices of such election, a ..i related matters. Motion by Branch, seconded by Stark and passed, that the Ordinance passed on the second of three readings be amended prior to its third reading as outlined by City Manager Townsend. Mayor Luby also provided the Council with written statement requesting the ordinance providing for the placement of the "Good Government League" Charter Amendment Petition proposition, being presented to the Council on a three reading basis be declared an emergency and that the ordinance be approved and passed at one reading. He stated he is acting in accord- ance with Article 11, Section 16(d) of the City Charter. Motion by Acuff, seconded by Branch and passed, that the Council be polled on illkinutes Regular Council Meeting November 27, 1974 Page 10 Ordinances "a" through "t". ORDINANCE NO. 12366 • THIRD READING OF AN ORDINANCE MAKING FINDINGS OF FACT; FINDING THAT THE COST OF PROVIDING CITY'S INTRASTATE CHARTER BUS SERVICE HAS SUBSTANTIALLY INCREASED; ESTABLISHING NEW RATES FOR BUS CHARTER SERVICE IN ACCORDINACE WITH THE TARIFF ESTABLISHED BY THE RAILROAD COMMISSION, FOR REGULAR AND RESTROOM EQUIPPED CHARTERS; AMENDING SECTION 2, ITEM (c) OF ORDINANCE NO. 10853, AS AMENDED BY ORDINANCE NO. 11794, TO CONFORM TO SAID TEXAS RAILROAD COM- MISSION TARIFF; AND 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. 12367 THIRD READING OF AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF CORPUS CHRISTI, TEXAS, ON THE 18th DAY OF JANUARY, 1975, UPON THE QUESTION OF ADOPTING AMENDMENTS TO THE CITY CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING FOR PLACES WHERE SUCH ELECTION SHALL BE HELD; PROVIDING FOR THE HOLDING OF SUCH ELECTION, INCLUDING NAMING OF CERTAIN OFFICIALS TO CONDUCT SUCH ELECTION; SETTING FORTH PROPOSITIONS TO BE VOTED ON AT SAID ELECTION; PROVIDING FOR NOTICE OF SUCH ELECTION; PROVIDING SEVERABILITY. 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, present and voting "Nay". ORDINANCE NO. 12368 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 ANY OTHER PARTIES WHO MAY HAVE INTEREST OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUI- SITION OF PA"CF' S 42 THRUUGH 45, BLOCK 81, BAYFRONT SCIENCE PARK AREA EXPAN- SION, APPLICABL_ TO THE NO. 122 GENERAL REVENUE SHARING FUND, ACTIVITY 4181, CODE 501; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE OWNERS, GUARANTY NATIONAL BANK, TRUSTEE, TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE. 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, present and voting "Nay". ORDINANCE NO. 12369 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 ANY OTHER PARTIES WHO MAY HAVE INTEREST OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISI- TION OF PARCELS 7 THROUGH 14, BLOCK 91, BAYFRONT SCIENCE PARK AREA EXPANSION, APPLICABLE TO THE NO. 123 GENERAL REVENUE SHARING FUND, ACTIVITY 4181, CODE 501; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS nutes egular Council Meeting November 27, 1974 Page 11 AGAINST THE OWNERS, SHORELINE BREWSTER COMPANY, TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE. The foregoing ordinance was read for the third time and passed finally by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gcnzalez, Lozano and Stark, present and voting "Aye"; Luby, present and voting "Nay". SECOND READING OF AN ORDINANCE AUTHORIZING A ONE-YEAR LEASE AGREEMENT WITH THE SEAMAN'S CENTER FOR A PORTION OF THE PARK AND RECREATION BUILDING, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye ORDINANCE NO. 12370 PROVIDING FOR THE PLACEMENT OF THE "GOOD GOVERNMENT LEAGUE" CHARTER AMEND- MENT PETITION PROPOSITION, CERTIFIED AS VALIDATED BY THE CITY SECRETARY TO THE CITY COUNCIL ON NOVEMBER 20, 1974, ON THE BALLOT AS "PROPOSITION NUMBER ONE", BEING A CHARTER AMENDMENT TO INSTITUTE THE "MAYOR -COUNCIL GOVERNMENT" FORM IN THE CITY, FOR THE CHARTER AMENDMENT ELECTION CALLED FOR SATURDAY, JANUARY 18, 1975, BY ORDINANCE PASSED ON FIRST READING NOVEMBER 13, 1974, SECOND READING NOVEMBER 20, 1974, AND AGENDAED FOR THIRD READING FOR NO NOVEMBER 27, 1974; PROVIDING FOR POLLING PLACES AND CERTAIN OFFICIALS TO CONDUCT SUCH ELECTION; SETTING FORTH THE PROPOSITION FOR PLACEMENT ON SAID BALLOT FOR SATURDAY, JANUARY 18, 1975 ELECTION; PROVIDING FOR ADDITION TO NOTICE OF SAID ELECTION; AND PROVIDING 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. 12371 AMENDING THE CITY BUDGET; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BURTEX CONSTRUCTORS, INC., FOR THE CONSTRUCTION OF THE INTERCEPTOR SEWER 34-A - SECTION 3, (CALALLEN TRUNKLINE); APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND $325,000, OF WHICH $310,534.50 I5 FOR THE CONSTRUCTION CONTRACT AND $14,465.50 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO. 250-72-5; 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. 12372 APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT SHOWING ESTIMATES OF VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS "AUSTIN SCHOOL AREA." Sinutes Regular Council Meeting November 27, 1974 Page 12 A • 1. Vera Cruz Street, from Baldwin Blvd. to Lou Street; 2. Torreon Street, from Baldwin Blvd. to Lou Street; 3. Cortez Street, from Baldwin Blvd. to Lou Street; 4. Havana Street, from Pine Street to Agnes Street; 5. Balboa Street, from Baldwin Street to Agnes Street; 6. Pueblo Street, from Pine Street to Agnes Street; 7. Shawnee Street, from Baldwin Blvd. to Agnes Street; 8. Hiawatha Street, from Chippewa Street to Agens Street; 9. Virginia Street, from Baldwin Blvd. to Agnes Street; 10. Mohawk Street, from Baldwin Blvd. to Agnes Street; 11. Francesca Street, from Ruth Street to Agnes Street; 12. Tampico Street, from Balboa Street to Galvan Street; 13. Galvan (Juanita) Street, from Balboa Street to Cortez Street; 14. Pine Street, from Hiawatha Street to Cortez Street; 15. Lou Street, from Virginia Street to Airport Road; 16. Huron Street, from Hiawatha Street to Virginia Street; 17. Chippewa Street, from Pueblo Street to Virginia Street; IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, DETERMINING AND FIXING THE PORTION OF SAID COST TO BE PAID AND ASSESSED AGAINST THE ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI, DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A PUBLIC HEARING TO BE HELD THURSDAY, DECEMBER 26, 1974 AT 7:00 P.M. IN THE ELLABARNES JUNIOR HIGH SCHOOL CAFETERIA, TO GIVE NOTICE OF SAID HEAR- ING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, 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. 12373 APPROPRIATING $8,500 OUT OF THE NO. 291 PARK BOND FUND IN SETTLEMENT OF MATTERS IN CONTROVERSY IN CONNECTION WITH ACQUISITION OF PARCEL 23, BAY- FRONT OPEN SPACE PARK SITE #3, OWNED BY J. D. CABLE, ET UX, BEING A MATTER IN CONDEMNATION, STYLED CITY OF CORPUS CHRISTI V. J. D. CABLE, ET AL; AND DECLAR- ING AN EMERGENCY. The r'L,,. +er 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. 12374 AMENDING THE CITY BUDGET: APPROPRIATING A TOTAL OF $5,994, OF WHICH $960 IS OUT OF THE NC+. 291 PARK BOND FUND, APPLICABLE TO PROJECT NO. 291-72-1, MC GEE BEACH IMPROVEMENTS, FOR LABORATORY SERVICES TO BE PROVIDED BY STAPP-HAMILTON & ASSOCIATES, INC.; AND $5,034 IS OUT OF THE NO. 220 STREET BOND FUND, OF WHICH $2,529 IS APPLICABLE TO PROJECT NO. 220-72-6, NORTH STAPLES STREET, LEOPARD TO WEST BROADWAY, AND $2,505 15 APPLICABLE TO PROJECT NO. 220-72-10, STARLITE LANE, LEOPARD TO SUNNY DRIVE, BOTH FOR THE LABORATORY SERVICES OF TRINITY ENGINEER- ING TESTING CORPORATION REQUIRED FOR THE DESIGN OF STREET IMPROVEMENTS; 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 minutes Regular Council Meeting November 27, 1974 Page 13 voting "Aye". 14 ORDINANCE NO. 12375 • AUTHORIZING THE EXECUTION OF A CONTRACT WITH IBM CORPORATION FOR THE INSTALLMENT PURCHASE OF ADDITIONAL CORE CAPACITY FOR THE COMPUTER IN THE DATA PROCESSING DIVISION, ALL AS MORE FULLY SET FORTH IN THE 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". RESOLUTION NO. 12376 APPROVING THE LIST OF PROJECTS PROPOSED BY THE CORPUS CHRISTI BICENTENNIAL COMMISSION AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12377 AUTHORIZING THE CITY MANAGER TO APPLY FOR A GRANT FOR STATE AND FEDERAL TRAFFIC SAFETY FUNDS THROUGH THE GOVERNOR'S OFFICE OF TRAFFIC SAFETY FOR THE PURPOSE OF ESTABLISHING A PHOTOLOGGING PROGRAM TO PHOTOGRAPH ALL STREETS IN THE CITY OF CORPUS CHRISTI, TEXAS, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND AUTHORIZING EXECUTION OF THE GRANT AND RELATED CONTRACTS IF APPROVED; 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. 12378 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE AN AGREEMENT WITH HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI, AS LESSOR, FOR LAND TO BE USED FOR PARK AND PLEASURE GROUNDS, SAID LEASE BEING FOR THE TERM OF FIVE (5) YEARS, BEGINNING ON THE 27TH DAY OF NOVEMBEP, 1974, AND ENDING ON THE 26TH DAY OF NOVEMBER, 1979, FOR AND IN CONSIDERATIOI', OF THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT AND LEASE, A COPY OF WHICH 15 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". Snutes Regular Council Meeting November 27, 1974 Page 14 RESOLUTION NO, 12379 RECOGNIZING THE ATTRACTIVENESS OF THE NEW CORPUS CHRISTISAVINGS AND LOAN ASSOCIATION PARKING LOT BETWEEN WATER, CHAPARRAL AND KINNEY STREETS AND COOPER ALLEY AND THE ENHANCEMENT IT PROVIDES TO THE DOWNTOWN AREA; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution 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 AMENDING THE CITY BUDGET; AUTHORIZING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT AND ALL RELATED DOCUMENTS FOR THE ACQUISITION OF PARCELS NO. 7 AND 14, (LOTS 1, 2, 10, 11 and 12, BLOCK 91, BEACH PORTION TO THE CITY OF CORPUS CHRISTI), FOR THE BAYFRONT SCIENCE PARK EXPANSION PROJECT; APPROPRIATING AND REAPPROPRIATING OUT OF THE 123 GENERAL REVENUE SHARING FUND $169,700 FOR ACQUISITION ACCORDING TO THE APPRAISED VALUES, OF WHICH AMOUNT $163,700 IS FOR LAND ACQUISITION AND $6,000 IS FOR INCIDENTAL EXPENSES RELATED TO CLOSING AND DEMOLITION EXPENSE; A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF. 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, present and voting "Nay". ORDINANCE NO, 12380 CLOSING THE 40' DEDICATED BUT UNOPENED ROADWAY EXISTING BETWEEN LOT 25, SECTION 13 AND LOT 32, SECTION 18, FLOUR BLUFF ENCINAL FARM AND GARDEN TRACTS SUBJECT TO THE DEDICATION BY REPLATTING PRIOR TO DEVELOPMENT OF ADEQUATE UTILITY EASEMENTS AND STREET CONNECTIONS THROUGH THE TRACT; 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. 12381 AUTHORIZING THE ISSUANCE OF PURCHASE ORDER CONTRACTS TO THE FOLLOWING FIRMS FOR TRAFFIC SIGNAL CONTROL EQUIPMENT: Trans Tronica, Bedford, Texas (Lots I & I1 Multi -phase and left turn cr strollers) Econolite, Fort Worth, Texas (Lot III Two-phase controllers) Automatic Signal, Fort Worth, Texas (Lots V & IX Signal heads & control cable) $11,975.00 2,917.20 7,100.04 Signal Engineering, Corpus Christi, Texas (Lots IV, VII & VIII Fixed -time controllers, pedestrian signals, mast arms and vehicle detectors) 11, 119.20 $33,111.44 •nutes Regular Council Meeting November 27, 1974 Page 15 • APPROPRIATING $30,997.40 OUT OF THE NO. 220 STREET BOND FUND APPLICABLE TO PROJECT NO. 220-72-14.1 TO SUPPLEMENT $2,114.04 OF EXISTING APPROPRIATIONS OUT OF THE NO. 102 GENERAL FUND, ACTIVITY 3412, CODE 245; 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. 12382 RETITLING THE FIRE AND POLICE DIVISIONS TO HEREAFTER BE KNOWN AS THE "FIRE DEPARTMENT" AND THE "POLICE DEPARTMENT", RESPECTIVELY; ABOLISHING THE DEPART- MENT OF PUBLIC SAFETY; PROVIDING SEVERABILITY; PROVIDING. FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". City Secretary Read stated that according to his tabulation all ordinances voted upon had passed with votes as noted. Mayor Luby departed the meeting at this time. City Manager Townsend presented the zoning application #1074-6E scheduled for public hearing at 3:30 p.m. He explained that the request was that of Physicians Plaza, Ltd., for an exception to the standard fence requirement along the west boundary line of Lot B, Block 1, Medical Center Subdivision, located on the southwest corner of Baylor Street across from the Memorial Medical Center. The application was heard by the Planning Commission October 22, 1974 and fortyo-led to the Council with the recommendation that it be approved. The Planning Staff's opinion was that the request should be denied on the basis that the present zoning of the adjacent property is "A2" Apartment House District and until such time as the zoning is changed, the screening fence requirement should be adhered to. No one appeared in opposition to the foregoing zoning request. Motion by Tom Gonzales, seconded by Branch and passed, that the hearing be closed. Motion by Stark, seconded by Ricardo Gonzalez and passed, Luby absent, that the recommendation of the Planning Commission be concurred in and Application #1074-6E Physicians Plaza, Ltd., for an exception to the standard fence requirement along the west boundary line of Lot B, Block 1, Medical Center Subdivision, be approved as requested and an ordinance be brought forward effectuating the change. Onutes Regular Council Meeting November 27, 1974 Page 16 4 • Motion by Branch, seconded by Lozano and passed, Mayor Luby absent, that the voting on Ordinance No. 12367 be rescinded and the ordinance be reconsidered. Motion by Stark, seconded by Branch and passed, Mayor Luby absent, that the written "Motion to Amend" Ordinance No. 12367 "Declaring findings by the City Council of Corpus Christi ordering an election to be held in the City of Corpus Christi, Texas on Saturday, January 18, 1975, or on such earlier Saturday as the City Council may hereafter order consistent with the requirements of Art. 1170, V.A.C.S. Texas and all other applicable laws, on the question of adopting amendments to the City Charter of the City of Corpus Christi; providing for the holding of such election; providing notice of such election; providing severability" be adopted and that Ordinance No. 12367 be accordingly amended prior to passage on third and final read- ing (copy of amendments "Motion to Amend" attached to Ordinance No. 12367), the caption amended to read as follows: ORDINANCE NO. 12367 THIRD AND FINAL READING OF AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF CORPUS CHRISTI, TEXAS, ON THE 18TH DAY OF JANUARY, 1975, UPON THE QUESTION OF ADOPTING AMENDMENTS TO THE CITY CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING FOR PLACES WHERE SUCH ELECTION SHALL BE HELD; PROVID- ING FOR THE HOLDING OF SUCH ELECTION, INCLUDING NAMING OF CERTAIN OFFICIALS TO CONDUCT SUCH ELECTION; SETTING FORTH PROPOSITIONS TO BE VOTED ON AT SAID ELECTION; PROVIDING FOR NOTICE OF SUCH ELECTION; PROVIDING SEVERABILITY. The foregoing ordinance was reconsidered and re -read for the third time and passed finally by the following vote as amended: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. Mme ' uby reported at the meeting at 4:15 p.m. City Manager Townsend discussed the Annual National League of Cities meeting to be held in Houston December 4, and pointed out that this City is entitled to only one vote regarding the League's official actions. Motion by Branch, seconded by Ricardo Gonzalez and passed unanimously that Mayor Luby be apppointed to cast the vote for the City of Corpus Christi at the Annual National League of Cities meeting in Houston on December 4; that Mayor Pro Tem James T. Acuff be appointed alternate; and that all questions to be voted upon be the subject of a caucus by the delegation and the vote by the delegate shall be according to the majority vote of the delegation. Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. "M 'r. utes gular Council Meeting November 27, 1974 Page 17 Mrs. Roger Chavana, 3322 Casa Bonita, appeared relative to the series of meetings being held in various neighborhoods sponsored by the Planning and Urban Development staff to determine how the citizens of each area feel the money should be spent. She presented questions which were raised at one of these neighborhood meetings. She stated that some wanted houses and others wanted street improvements, and she was concerned if the money is going to be a loan or a free grant; what will be the priorities and will there be bilingual programs. She expressed concern that more people did not attend the meetings, questioned the method of notification, and requested that future notices go out in Spanish. She stated she needed some fact information in the form of brochures for distribution among the residents of affected areas. There being no further business to come before the Council, motion by Ricardo Gonzalez, seconded by Lozano and passed, that the meeting be adjourned at 5:00 p.m., December 27, 1974. I, JASON LUBY, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of November 6, 1974 to November 27, 1974, inclusive, and having been previously approved by Council action, are by me hereby approved. JASONttJBY, Mayor City of Corpus Christi, Texas