HomeMy WebLinkAboutMinutes City Council - 01/08/1975-47
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
January 8, 1975
2:00 P.M.
PRESENT:
Mayor Jason Luby
Mayor Pro Tem James T. Acuff
Commissioners:
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
Hall.
City Manager R. Marvin Townsend
Exec. Asst. City Attorney Michael May
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 Major Robert Bagley of the Salvation Army.
City Secretary Bill G. Read called the roll of those in attendance.
Motion by Acuff, seconded 6y Lozano and passed, that the absence of Commissioner
Stark be excused for just cause.
Motion by Acuff, seconded by Branch and passed, that the Minutes of the Regular
Council Meeting of December 18, 1974, and of the Special Council Meeting December 18, 1974
be approved as presented to the Council.
Mayor Luby proclaimed the year 1975 as WOMEN'S YEAR in the City of Corpus Christi,
and stated the proclamation had been issued in his office immediately prior to this meeting.
It was unanimously agreed by the Council that from this date hence, all bids on
construction projects$?5 and over be advertised to be opened on Wednesdays at 4:00 p.m. in
the Council Chamber, and all under$259be opened the same as purchasing items.
Mayor Luby announced the opening of bids.
City Manager Townsend suggested that Item "d" of the four scheduled bid openings
appearing on the agenda, relative to McGee Beach Improvements, be considered first in view of
a controversy focused on whether or not the proposed pier and combination concession stand and
restroom facility should be submitted for bids at the higher "building -trades" minimum wage scale
or the lower "highway -heavy" wage rate scale. He explained that the improvements consisted of
an elevated lighted walkway connection from the existing seawall to the breakwater in front of
Memorial Coliseum, lighting approximately 1,800' of existing breakwater, repair to portions of
the existing walkway on the breakwater, a concession stand, public restrooms, an elevated's
observation area and a fish cleaning facility. He stated that originally the plans and specifications
Minutes
Regular Council Meeting
January 8, 1975
Page 2
authorizing receipt of bids included the "building -trades" minimum wage rate schedule, and after
it was pointed out by one of the contractors that the work would more appropriately fall in the
"highway -heavy" wage scale category, the matter was discussed with the architect on the project
and the City Engineering staff and the conclusion was that the "highway -heavy" scale was more
proper, and an addendum was sent out to the contractors reflecting this lower pay level. Before
the bids are opened, Mr. Townsend asked for guidance from the Council, and comments from those
contractors in the audience wishing to state their views. He pointed out alternatives, to open the
bids and accept the wage rate scale as advertised, or not to open the bids and readvertise accord-
ing to the wage schedule specified.
Mr. Paul Roberts, President of the Iron Workers Building and Trades Union, stated they
take the position that the higher "building -trades" wage rate should be applicable to the entire
project because the building is intended to be used to shelter people, and people will be using
the pier at all times.
Mr. Lynn Tate, Manager of Local 278 of the International Brotherhood of Electrical
Workers, spoke in opposition to the "highway -heavy" wage schedule on this project, stating the
City's Engineering staff had taken an "unreasonable stand" and it was improper for Heldenfels
Brothers to protest and effect a change in the original "building -trades" minimum wage scale. He
stated they are opposed to a move of this kind and requested that the bids received not be opened
but tabled for a resolution of the controversy. He pointed out that the Department of Labor is not
concerned nor would it be involved, but stated that the Department of Labor had used the standard
for some time that buildings that serve to house people are in the category of the construction wage
rate.
Mr. H. H. McCool, representative of the Operating Engineers, protested that the wage
rate was changed in the bid specifications dfter they were published, that the lower rate schedule
would perpetuate poverty in the City rather than economy, and requested that this
construction project be placed in its proper classification which is the "building -trades" wage rate.
He stated the lower rate would exclude a sizeable portion of the prospective contractors.
Mr. Tony Heldenfels, Jr. contended that the "highway -heavy" wage rate schedule was
'the proper classification for the subject construction project, pointing out that piers and levies
were among the items specifically excluded from the American General Contractor's definition of
"building -trades" work.
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Regular 'Council Meeting
January 8, 1975
Page 3
Mr. Heldenfels explained that his firm is not a union, but an "open shop" contractor,
do not do any building work whatsoever, but feel heavy construction industry wage rate is a
standard rate for this type of construction. He pointed out that Cole Park was•( under the
heavy construction rates.
City Manager Townsend stated there is no federal money involved in this project; that
the law says the prevailing rate must be applied, and it is solely a local decision as to what is the
prevailing rate. He noted that only 22 percent of the entire project was represented by the
concession -restroom building, and that in the past, wage scales for City projects have been set
according to the majority of the work needed, and since 78 percent of the work was of the
"highway -heavy" type, the City based the bids on that wage scale.
Mr. Phil Dudley, 433 Delaine, stated the City staff has a problem because it has
deviated from what is normally a cut and dried situation; that if the project were federally funded,
the decision would be made for the Council and staff. He stated that the U.S. Department of
Labor has been consulted for an opinion and they gave the opinion that the City staff had made
the proper decision in classifying this as a "highway -heavy" type project, and further, the burden
is on the City Engineering Department to determine what the majority of the work to be performed
would be and the money to be spent. He inquired if the City is going to continue the previously
established policy using the type of work theory, or change the policy based on percentages
involved.
Mr. James Lontos, Director of Engineering and Physical Development, explained the
factors his staff used in making the determination of the wage rate, stating the original error was
made by the architects drawing the contract specifications and maintained that the majority of the
work falls in the "highway -heavy" category. He pointed out that his staff rely very h�eavJIro the
opinion of the Association of General Contractors as well as records of minimum wage scales in
making a determination of whether or not it is "highway -heavy" or the "building -trades"
classification. He stated he also relies ven/h`, '1& the opinion of the Department of Labor,
and that the Department of Labor in Dallas was consulted.
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Regular Council Meeting
January 8, 1975
Page 4
Mr. James Bright, architect for the project, explained that the Magee Beach
project is entirely supported on pilings, and it would be difficult to determine
the exact point of construction where the wage scales should change. He stated that
according to his calculations the breakdown in the two classifications would be 78
percent utilities, 22 percent actual building construction, it cannot be very well
separated, the decision was not to discriminate against anyone, and he did not believe
there were any irresponsible actions on the part of anyone.
Mr. George Isaac, 518 Brawner Parkway, spoke representing the Plumbers
Union No. 185, protested that the bid specifications were changed after the project
was advertised, and questioned the authority of one contractor to dictate to the
staff or the Council.
It was the general concensus of the Council that it is not fair to issue a
change order after a project is advertised but should have been done before.
Motion by Acuff, seconded by Ricardo Gonzalez and passed, with Luby voting
"Nay", that the opening of bids for the McGee Beach Improvements be postponed for
three weeks, the bids be returned to the contractors unopened, and the project be
readvertised and divided into two wage scales, with work on the pier, pilings and
foundation, done at the lower scale and the building above the floor level be done
at the higher rate.
City Manager Townsend commented that work done in this manner will add to
the cost of the project by increasing supervision personnel and will cause some
confusion.
Mr. Lontos returned the unopened bide to the contractors who were present
in the audience.
Mr. Lontos opened and read bids on the Satellite Health Clinic on Williams
Drive near Gulfway-Airline Park. The proposed building contains approximately
2,130 square feet and 18 parking spaces and is designed to provide services such as
immunization, family planning, well child and maternity clinics, tuberculosis control
and other community health services. Additive alternates include landscaping and
construction of the standard screening fence. The alternates must be bid by the
contractor. Bids were opened and read from the following firms: Hunt Building
Company; Tanner H. Freeman, General Contractor; L & L Construction Company; J. H.
Chapman Construction Company; Rome Construction Company; Bobby Braselton, General
Contractor; Garcia Brothers; and E. J. Netek Construction Company.
Minutes
Regular Council Meeting
January 8, 1975
Page 5
Mr. Lontos opened and read bids for strengthening the commercial concrete
apron at Corpus Christi International Airport. The plans include sealing joints,
repairing small concrete areas, pumping grout under slabs to fill voids and
elevating certain slabs to original grade. Possible replacement of slabs which
cannot be elevated is also provided. Bids were opened and read from the following
firms: W. E. Rackley Mud Jack Service; Townsco Contracting Company, Inc.; and
Ed Dixon Construction Company.
Mr. Lontos opened and read bids for restriping both runway centerlines,
threshold markers, touchdown bars and some marking numbers at Corpus Christi Inter-
national Airport. He explained that normally, only one runway is striped per year,
but both must be done this year because of the repairs made to Runway 13-31. The
cost of restriping this runway will be included in the suit against B & E Construction
Company. Bids were submitted by the following firms: Swanston Equipment Company;
J. A. Reke and Son; Buck Jones Company; Townsco Contracting Company, Inc.; Stripe -A -
Zone; and Ed Dixon Construction Company.
The foregoing bids were tabled for 48 hours pursuant to the requirements
of the City and referred to the City Manager for tabulation and recommendation.
City Manager Townsend presented the appeal of Mr. Tito Sandavol on behlaf
of Mr. Johnny Rios from the denial by various City departments of his request for
authority to move a structure 24' high x 36' long x 34'wide along Ocean Drive from
Elizabeth Street to South Alameda. He explained that the permit was denied because
such loads are prohibited from Ocean Drive, interference with traffic was felt to
be probably excessive and hazardous conditions were involved. He further explained
that Rios had made the appeal in person during the workshop meeting this morning
and explained to the satisfaction of the Council that he has adequate equipment to
judiciously move the structure, that all persons involved had been contacted;
that necessary arrangements with Central Power & Light Company, the Telephone
Company and Athena Cablevision have been made, it has been determined that there
will be no problem in moving the structure over the bridge, and it is recommended
that a waiver of the requirement of the ordinance be granted.
Motion by Acuff, seconded by Ricardo Gonzalez and passed, that an
exception be granted to the ordinance to permit Mr. Johnny Rios to move a structure
along Ocean Drive from Elizabeth Street to South Alameda.
Mayor Luby announced the public hearing on the request of Athena
Cablevision Corporation to allow the relocation of Channels 3, 6 and 10 on
Channels 5, 7 and 12 on the cable system.
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Regular Council Meeting
January 8, 1975
Page 6
City Manager Townsend explained the franchise requirements, pointing
out that the channels are to be broadcast on their channel designations unless
the City Council finds that it is not economically or technically feasible to do
SO.
Mr. J. C. Sparkman, general manager of Athena Cablevision, Inc., Denver,
Colorado, explained the technical difficulties connected with programming of on -
channel transmission and stated that the only feasible and economical way for
the company to prevent "ghosting" in the cable television reception was to move
the local channe]sfrom their normal Channels 3, 6 and 10. He stated that approxi-
mately 20 percent of their service calls are related to this problem, have been
informed that several have stated their reasons for disconnects were for this reason,
each service call is at a cost of approximately $7.00 each, and it is an economical
burden to run these calls. He explained that there are two means of preventing
the "ghosting", installation of an antenna switch which would allow changing from
the cable when local stations experienced this "ghosting", to reception from a
customer's own outside antenna, and to install a converter on every television
serviced by the cable system at a cost of $50 each. He stated the price for
28,000 television sets now on the cable would be prohibitive. He stated that many
people did not want to maintain an outside antenna. Mr. Sparkman stated that the
company can make the change under the rules of the Federal Communications Commission
and has requested an FCC ruling. He stated that the City Manager had been furnished
the report requested regarding the use of switches and also a certificate of corporate
ownership, and that copies of these statements have been delivered to the Mayor
and Council. Mr. Sparkman also reported that a communication from Washington con-
firmed that there had been approximately 700 complaints made through the FCC, and
they expect something to be filed instructing the company to do something about these
complaints and since they are regulated by the FCC, something will have to be done
to correct the problems if they continue to keep their license.
Commissioner Ricardo Gonzalez asked for information from the Company as to
when these complaints were reported and if they began coming in after the request
was made for permission to change the channel designations. Mr. Sparkman stated he
was not in a position to make that report at this time. He explained that in the
request, they had asked for Channels 5, 7 and 12, but that this request is flexible.
Mr. David Saenz, stated he had found CATV programs to be entertaining and
educational, but that it had been his understanding originally that the system would
Minutes
Regular Council Meeting
January 8, 1975
Page 7
program on their local channels, that he approved of the requested change and
had informed local officials that he planned to discontinue the service after
February 1 of this year. He also complained that his set had been disconnected
without notice but had since been corrected. He stated the City should ask the
company to abide by its contract or revoke its license.
Mr. Jerry Jackson, Athena representative, explained that the disconnect
complained of by Mr. Saenz had been the result of a misunderstanding.
Mr. T. Frank Smith, owner of KRIS -TV Channel 6, explained the technical
mechanisms of operating off- or on -channel. He stated he had made a survey of
cable systems from Alabama to Pennsylvania alphabetically, and found 1,000 systems
that operate on -channel, and if it is not technically or economically feasible to
operate in this manner, then these 1,000 stations must know something that Athena
does not know. He pointed out that the Cable Company had agreed to the clause
in the franchise th at they would be regulated by the City and not by an FCC
decision. He maintained that the Company is not living up to its agreement or
promises, but will promise anything to get what they want.
Mr. Vaiih M. Kennedy, president and general manager of KIII-TV Channel 3,
KSIX-FM Radio, opposed the request of Athena to change channel designations, but
requested that if the Council elected to present an ordinance for approval, that it
be placed on three reading, and that all parties concerned be notified of each reading.
Mr. Kennedy reviewed past records and history of the Cable system in Corpus Christi,
alleging that the granting of the franchise was "wrong and immoral" from its incep-
tion, but that bids were called for and the bidders had agreed to the provisions
of the ordinance which was that they operate on -channel. He also pointed out that
the Cable Company had recently been granted a substantial rate increase and that
this should have provided them with the financial means to correct this technical
difficulty. He asked the Council to revoke the Company's license on the basis
that they had not lived up to their franchise agreement.
Senator Mike McKinnon, President of KII-TV Channel 3, concurred in the
previous reasons for denying the Cablevision's request to change channels. He
stated since two former local officials are no longer employed by Athena, the
operation ceases to be local interests. He emphasized the importance of local
communications and antenna switches during and after hurricans¢, pointing out that
his station had been on the air continuously following Hurricane Celia and on
occasion, he had found it convenient to switch on the antenna. He stated he agreed
Minutes
Regular Council Meeting
January 8, 1975
Page 8
with Mr. Kennedy that it is technically feasible for the Cable Company to install
the converter which would produce a perfect picture at all times. He stated it
is economically feasible because all businesses are confronted with competition
and if they wish to stay in business, they must meet that competition, pointing
out as an example that his station had spent some $148,000 to compete with other
stations that installed color transmission.
Mrs. Garza, spoke in favor of the request stating it would be a simple
operation for the prescriber to switch to the desired channel. She stated she has
received good service from the system, that she enjoys cablevision, would find it
hard to be without it, and feels the Company is trying to live up to their
commitments.
In rebuttal, Mr. Sparkman stated that nothing is unfeasible if there is
enough money to pay the cost, but the cost of the converter makes the present
operation economically unfeasible. Relative to the 1,000 stations which operate
on -channel, Mr. Sparkman stated he owns several cable systems in the area of
Pittsburg that are operating off -channel because it is economically unfeasible
to operate on -channel. He explained that 10 percent of their operating costs
goes for maintenance and the converters account for a large amount of the maintenance
cost. He also stated that one important reason some people have for wanting
cablevision is to eliminate the use of the outside antenna. He stated the company
is anxious to live up to its contract and had been embarrassed several weeks ago
when a breakdown in communications had resulted in an unfortunate situation. He
stated he did not like to be involved in court, and felt both sides would loose.
So far as money being spent out of the City, he pointed out that his company is
paying the City of Corpus Christi approximately $20,000 every month, and that the
Company has a sizeable payroll and pays local taxes.
Motion by Acuff, seconded by Lozano and passed, that the hearing be closed.
Following a brief recess, Mayor Luby reconvened the meeting at 5:15 p.m.
Relative to Athena Cablevision's request for relocation of Channels 3, 6 and
10, City Manager Townsend stated a staff recommendation would be presented according
to the pleasure of the Council.
Motion by Acuff, seconded by Branch and passed, that the foregoing matter
be tabled pending a staff recommendation.
Mayor Luby called for the City Manager's Reports, and City Manager Townsend
presented requests and recommendations with explanations and comments as follows:
Minutes
Regular Council Meeting
January 8, 1975
Page 9
a. Recommendation that a public hearing be held at 3:30 p.m. on
January 29, 1975 at a Special Council Meeting on the following zoning
applications:
1) Mr. Guy Montis: "A-1" to "B-1", located on the southwest corner of Gollihar
Road and Calvin Drive.
2) Joe Emanuel: "A-1" to "B-1", located on the southeast side of North Staples
Street south of West Broadway.
3) Candystick of Corpus Christi, Inc.: "R -1B" to "AB", located northwest of
Weber Road along future extension of O'Day Parkway.
4) Tim Clower: "I-2" to "B-3", located on the east side of Navigation Blvd.
between I.H. #37 and Savage Lane.
b. Recommendation for bid award on Irrigation Equipment for Warehouse
Stock for the Park Division be made to the following companies on the basis of
low bid meeting specifications:
Telsco Industries/Weathermatic Div., Dallas, Tex.
Turf and Irrigation Company, Corpus Christi, Tex.
$ 9,972.50
9,601.76
$19,574.26
Bids were received from 6 firms. Two bids did not meet specifications. Price
comparison indicates a 4% reduction from last year. ((lid Tab #1-75)
c. Recommendation that $18,745 be appropriated for Special Commissioners
Award ($18,625) and fees ($120) in connection with acquisition of land for Fire
Station No. 14, South Staples at Holly Road, being a matter in condemnation, styled
City of Corpus Christi v. S. T. Harris. The award is an amount agreed to by both
parties and in additionto the $18,625 cost, obligates the City to pay the Staples
paving assessment of $1,912.80, install street and water line improvements, and
construct a standard screening fence between the fire -station and adjacent
residential lots.
d. Recommendation that the public hearing on the assessments for the
paving improvements to the Austin School Area, Unit II be closed and the assessment
roll be adopted as modified. The assessment roll is prepared with the following
modifications: (a) All property used as residential in the I-2 area is assessed
the $4.75 per linear foot rate; (b) All other property including vacant lots in the
I-2 area is assessed the maximum rate of $5.60 per linear foot; (c) All property
used fur single family or two family residence in the A-2 area is assessed the
maximum rate of $4.75 per linear foot including vacant property; (d) All other
property in the A-2 area is assessed the $5.60 per linear foot rate; (e) the
remainder of the area is assessed the $4.75 per linear foot rate except where
specific uses other than single or two family residence or commercially -zoned
businesses are indicated. The assessment roll includes 650 items and the total
Minutes
Regular Council Meeting
January 8, 1975
Page 10
assessments are $383,310.31. It is also recommended that a contract be awarded to
Burtex Constructors, Inc. for $796,375.13 and that $820,000 be appropriated to
cover the award of the contract plus laboratory testing and related expenses.
e. Recommendation that a contract be awarded to American La France
Corporation c/o Claude Wright Associates, Houston, on the basis of most advantageous
bid for the purchase of a Fire Pumper Truck for $74,722.00. The apparent low bid
of $68,649 submitted by Mack Trucks, Inc. of Houston did not meet specifications
because a lighter weight stainless steel tank was offered and only a basic 2 -year
warranty was offered on the diesel engine whereas a 5 -year warranty was bid by
La France. The price bid by Mack Trucks is subject to maximum escalation of 8%
which would bring the price to $74,140.92. La France's price is firm. Bids were
received from 3 firms. Price comparison reveals an increase of 32% from May, 19c74..
(This item "e" withdrawn)
f. Recommendation that the revocable easement granted to Tejas Gas Corpora-
tion by Ordinance No. 12357 to construct a fuel supply line to the CPL Barney
Davis Power Plant be amended to provide for the construction of an additional
4,385 L.F. of 8 -inch pipeline in Up River Road from McBride Lane to a point 310
feet east of Savage Lane. The fee for the amendment to the original revocable
easement is $1,683.20.
g. Recommendation that authority be granted to execute a contract on
behalf of the City, acting as program agent, with the Corpus Christi Independent
School District, for public service employment under Title II of the Comprehensive
Employment and Training Act of 1973. The contract will provide the School District
with twenty positions from January 1, 1975 to June 30, 1975 at a cost of $59,923.
The School Board has authorized the contract which includes 2 teachers, 4 teacher
aides, 3 food service helpers, 3 custodians, 2 clerks, and 6 security positions.
This modification brings the number of Title II positions to 156 (126 for the City,
10 sub -contracted to Nueces County and 20 to the School District). The money is
available for this increase because of position vacancies and initial hiring delay.
h. Recommendation that acquisition of Parcel No. 35, Bayfront Science
Park,. from Mr. and Mrs. Margarito Ramirez for $10,000.00 be approved. This parcel
is located in Block 80 at 313 Brewster Street. The value is $3,000 over the original
appraisal made in 1973. Extensive remodeling of the interior of the first floor
and the increase in cost in replacement housing justifies the proposed $10,000 offer.
i. Recommendation that the Compensation Ordinance be amended as follows:
(a) Effective January 1, 1975, Operation Mainstream and Work Experience
Trainees be increased from $2.00 per hour to $2.10 per hour as required by the
Minutes
Regular Council Meeting
January 8, 1975
Page 11
Fair Labor Standards Amendment of 1974.
(b) Longevity steps of the fire and police series be revised to provide
a more rapid attainment of maximum salary for increasing levels of supervisory
responsibility. Such a revised longevity schedule will reflect the minimum
requirements of two years of service for advancement from one position to another.
This action will allow the First Assistant Chief position to reach maximum salary
in six months, excluding State longevity of $4.00 per month per year of service
up to 25 years, the Assistant Fire Chief and Police Commanders to maximum salary
in 12 months; District Fire Chiefs and Police Captains in 18 months; Fire Captains
and Police Lieutenants in 24 months; and Firefighter II's, Fire Lieutenants,
Police Sergeants, and Police Lieutenants in 30 months.
Item "i" (b) relative to longevity steps of the fire and police series
revision was discussed at length.
Mr. Buck Sosa and Mr. Armando Caceres, representing the Corpus Christi
Firefighters' Association, protested the slow promotions of Firefighters I and II,
under the longevity schedule recommended by City Manager Townsend, They questioned
why they should have to wait 30 months to obtain maximum salary. Mr. Caceres also
expressed some dissatisfaction among firefighters with their duties as AID
ambulance attendants. He complained that no provision had not been made to
give firemen incentive pay for this work. He further stated it was their initial
understanding that their duties as AID ambulance attendants was on a voluntary
basis, but that they are being required to take the training and serve as attendants.
Mayor Pro Tem Acuff suggested, and it was agreed, that workshop time be set aside
in the near future for another discussion of the firemen's problems, and that
firemen be requested to participate.
City Manager Townsend suggested that the Council deviate from the agenda
at this time and hear representatives of the Padre -Staples Mall presentation
relative to pending tax litigation.
Mr. William Meridith, Jr., representing Mr. Roy Smith and Mr. W. M. Bevly,
appeared and offered a compromise settlement of the controversy between the City
and owners of Padre -Staples Mall concerning 1973 and 1974 ad valorem taxes. He
stated the compromise would set the Mall's 1973 property tax assessment at
$4,181,000 and $5,314,000 for 1974. He explained that the City's Tax Department
assessments of $5,631,046 for 1973 and $6,042,000 for 1974 was based on a per -
square -foot value, and his clients felt it should not be at a higher rate than
that of any other shopping center. He explained that the architects who designed
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Regular Council Meeting
January 8, 1975
Page 12
the mall had assured him that their building costs per -square -foot of space were comparable to
the costs per -square -foot of space at other major shopping centers. He further stated that the
Padre -Staples Mall was assessed at $11.50 per square foot of space, and that Parkdale Shopping
Center was assessed at $9.00, and they felt values at the Mall should not be higher than Parkdale.
City Manager Townsend presented requests and recommendations, Items "j" through "m".
j. That authority be granted to submit a grant application to the Texas State Library
for the following programs and to execute all necessary documents if the grant is approved:
1) To expand the Information Center for Aging to cover services to the dis-
advantaged. A grant has been previously approved for an Information
Center which will collect, compile, index, publish, and distribute
information on services and programs available for the elderly. This
grant would expand the Center to include information on services
available for the disadvantaged. The grant will be from $15,000 to
$25,000 and involve 3 new positions all funded by the grant.
2) To provide supportive library services for Adult Basic Education Classes
such as self -education materials and instruction in how to use the library.
The program will be operated in conjunction with the School District and
involves no new personnel. The amount of the grant will be from
$11,250 to $18,750.
k. That Ordinance No. 12367, ordering an election to be held on January 18, 1975
upon the question of adopting amendments to the City Charter be further amended by making
changes in the list of election officials because persons previously appointed have indicated they
will be unable to serve.
I. That a resolution be passed and forwarded to the Governor urging the Railroad
Commission to proceed as expeditiously as possible in reaching a decision on the pending matters
before it pertaining to the cost of natural gas.
m. That a resolution be passed urging that Mustang Island Beach remain open.
Motion by Branch, seconded by Acuff and passed, with Mayor Luby voting "Nay" on
(Item "e" withdrawn),
Item "k",/that the City Manager's Reports, Items "a" through "m" be approved, confirmed and
adopted, as presented by City Manager Townsend.
FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NO. 8127, AS AMENDED,
BY AMENDING SECTION 1, SUBSECTION (b) BY CHANGING THE SALARY SCHEDULES OF
EMPLOYEES UNDER THE NEIGHBORHOOD YOUTH CORPS AND THE POLICE AND FIRE SERIES,
AS MORE FULLY SET FORTH HEREINAFTER; PROVIDING A SEVERANCE CLAUSE; PROVIDING
AN EFFECTIVE DATE.
The foregoing ordinance was read for the first time and passed to its second readi
by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano,
present and voting "Aye"; Stark absent.
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Regular Council Meeting
January 8, 1975
Page 13
SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE,
1958; REPEALING SECTION 34-2, AND AMENDING SECTION 34-13 BY PROVIDING A NEW
SECTION 34-2, ENTITLED "PROCEDURES AND STANDARDS FOR THE CLOSING OR PARTIAL
BLOCKING OF PUBLIC STREETS, THOROUGHFARES, SIDEWALKS AND ALLEYS; PROVIDING
DEFINITION OF TERMS; PROVIDING FOR ADOPTION OF MANUAL OF UNIFORM BARRICAD-
ING STANDARDS; PROVIDING FOR PERMIT ISSUED BY DIRECTOR OF TRAFFIC ENGINEERING
TO CLOSE OR PARTIALLY BLOCK PUBLIC ROADWAYS IN CERTAIN CASES; PROVIDING FOR
STANDARDS ON APPLICATION TO SECURE PERMIT; PROVIDING FOR APPROVAL, DISAPPROVAL
OR APPROVAL OF PERMIT SUBJECT TO SPECIAL REQUIREMENTS; PROVIDING SPECIAL REQUIRE-
MENTS; PROVIDING STANDARDS FOR ISSUANCE OF PERMIT BY DIRECTOR OF TRAFFIC
ENGINEERING; PROVIDING STANDARDS FOR REVOCATION OF PERMIT; PROVIDING FOR
RESTORATION OF WORK SITE IN THE EVENT OF REVOCATION OF PERMIT; PROVIDING FOR
REPEAL OF ORDINANCES IN CONFLICT AND FOR REPEAL OF CERTAIN ORDINANCES
SPECIFICALLY; PROVIDING PENALTY TO $200 FOR VIOLATION; PROVIDING FOR SEVER-
ABILITY; 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 and Lozano,
present and voting "Aye"; Stark absent.
SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE A LEASE AGREEMENT WITH THE SOUTHSIDE LITTLE LEAGUE, LEASING TO THE
SAID SOUTHSIDE LITTLE LEAGUE, A TRACT OF APPROXIMATELY FIVE (5) ACRES IN EVELYN
PRICE PARK FOR THE PURPOSE OF CONDUCTING AND MAINTAINING A RECREATIONAL
AREA, FOR A TERM OF FIVE YEARS, COMMENCING MARCH 1, 1975, ALL AS MORE FULLY
SET FORTH IN THE AGREEMENT BETWEEN THE CITY AND THE SAID SOUTHSIDE LITTLE
LEAGUE, 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 and Lozano,
present and voting "Aye"; Stark asbent.
SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH THE PERFORMANCE CERTIFICATION BOARD OF THE TEXAS DEPARTMENT
• OF LABOR AND STANDARDS, STATE OF TEXAS, WHEREBY THE CITY WILL BE THE ENFORCING
AGENT FOR STATE MOBILE HOME STANDARDS WITHIN THE CITY AND ITS EXTRATERRITORIAL
JURISDICTION, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF, MARKEDtEXHIBIT "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 and Lozano,
present and voting "Aye"; Stark absent.
SECOND READING OF AN ORDINANCE AMENDING CHAPTER 1 OF THE BUILDING CODE,
ADOPTED BY ORDINANCE NO. 10379, AS AMENDED, SO AS TO INCREASE THE FEES FOR
MOBILE HOME CONNECTION AND TIE -DOWN PERMITS FROM $5 TO $10; MAKING
VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT EXCEEDING $200; PROVIDING
FOR PUBLICATION; AND PROVIDING A SAVING CLAUSE.
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 and Lozano, present
and voting "Aye"; Luby, present and voting "Nay"; Stark absent.
,inutes
Regular Council Meeting
January 8, 1975
Page 14
ORDINANCE NO. 12413
THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS
AMENDED, AND PARTICULARLY AMENDING SECTION 21-155, SCHEDULE III, "PARKING
PROHIBITED AT ALL TIMES ON CERTAIN STREETS", BY DELETING THEREFROM ITEM TO THE
EFFECT OF PROHIBITING PARKING AT ALL TIMES ON THE SOUTH SIDE OF OCEAN DRIVE
FOR A DISTANCE OF 500 FEET ON EACH SIDE OF THE TEXAS A & I UNIVERSITY AT CORPUS
CHRISTI CAMPUS ENTRANCE; ADDING AN ITEM TO SAID SECTION 21-155 TO THE EFFECT
OF PROHIBITING PARKING AT ALL TIMES ON THE SOUTH SIDE OF OCEAN DRIVE FOR A
DISTANCE OF 1000 FEET WEST OF THE TEXAS A & I UNIVERSITY AT CORPUS CHRISTI CAMPUS
EXIT ROAD; 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 and Lozano, present and
voting "Aye"; Stark absent.
ORDINANCE NO. 12414
THIRD READING OF AN ORDINANCE
AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING CHAPTER
9, ARTICLE IV, SECTION 9-49, "RATES AND RENTAL FEES FOR USE OF SLIPS AND DOCK
SPACE", SO AS TO PROVIDE RATES AND RENTAL FEES FOR DRY DOCK BERTHS; DEFINING
DRY DOCK BERTHS; PROVIDING OTHER FEES; PROVIDING A SAVINGS CLAUSE; PROVIDING
AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the third time and passed finally by the following
vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting
"Aye"; Luby, present and voting "Nay"; Stark absent.
RESOLUTION NO. 12415
THIRD READING OF A RESOLUTION RECOGNIZING TI -E FACT THAT THE CITY OF CORPUS
CHRISTI HAS A MULTIETHNIC HERITAGE, AND FURTHER RECOGNIZING THE FACT THAT THE
CITY IS A BILINGUAL COMMUNITY, IT IS DECLARED HEREBY TO BE THE POLICY OF THE
CITY COUNCIL THAT THE CITY EMBRACE PROGRAMS THAT ENHANCE THE SOCIAL STAND-
ING OF ALL RACES AND CONTRIBUTE SIGNIFICANTLY TO THE MULTIETHNIC NATURE OF
OUR COMMUNITY.
The foregoing resolution was read for the third time and passed finally by the following
vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting
"Aye"; Stark absent.
ORDINANCE NO, 12416
AMENDING ORDINANCE NO. 12367, PASSED AND APPROVED BY THE CITY COUNCIL ON
THIRD AND FINAL READING ON NOVEMBER 27, 1974, ORDERING AN ELECTION TO BE
HELD IN THE CITY OF CORPUS CHRISTI, TEXAS, ON THE 18TH DAY OF JANUARY, 1975,
UPON TFE QUESTION OF ADOPTING AMENDMENTS TO THE CITY CHARTER OF THE CITY
OF CORPUS CHRISTI, AS AMENDED BY ORDINANCE NO. 12412, PASSED AND APPROVED
ON DECEMBER 26, 1974, SO AS TO MAKE CERTAIN ADDITIONAL CHANGES IN THE LIST
OF ELECTION OFFICIALS AS HEREINAFTER SET FORTH; 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 and Lozano,
,inutes
Regular Council Meeting
January 8, 1975
Page 15
present and voting "Aye"; Stark absent.
ORDINANCE NO. 12417
AMENDING THE CITY BUDGET: APPROPRIATING $18,745 OUT OF THE NO. 207 PUBLIC
BUILDING BOND FUND FOR AWARD OF SPECIAL COMMISSIONERS AND SPECIAL COMMIS-
SIONERS' FEES IN CONNECTION WITH ACQUISITION OF A PARCEL OR TRACT OF LAND
FOR FIRE STATION NO. 14, SOUTH STAPLES AT HOLLY, PROJECT NO. 207-64-2, BEING
A MATTER IN CONDEMNATION STYLED CITY OF CORPUS CHRISTI VS. S. T. HARRIS, ET AL,
CAUSE NO. 704, IN COUNTY COURT AT LAW NO. 2 OF NUECES COUNTY, TEXAS; 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 and Lozano,
present and voting "Aye"; Stark absent.
ORDINANCE NO. 12418
AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS AND ALL OTHER RELATED
DOCUMENTS BETWEEN THE CITY OF CORPUS CHRISTI, ACTING AS PROGRAM AGENT, AND
THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT, ACTING AS AN EMPLOYING
AGENCY, FOR PUBLIC SERVICE EMPLOYMENT UNDER TITLE II OF THE COMPREHENSIVE
EMPLOYMENT AND TRAINING ACT OF 1973 TO PROVIDE UNEMPLOYED AND UNDER-
EMPLOYED PERSONS WITH TRANSITIONAL EMPLOYMENT IN NEEDED PUBLIC SERVICES, A
COPY OF WHICH AGREEMENTS AND DOCUMENTS ARE ON FILE IN THE OFFICE OF THE
CITY SECRETARY AND INCORPORATED HEREIN BY REFERENCE FOR ALL PERTINENT PURPOSES;
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 and Lozano,
present and voting "Aye"; Stark absent.
ORDINANCE NO. 12419
AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT TO THE
TEXAS STATE LIBRARY FOR EXPANSION OF THE INFORMATION CENTER FOR THE AGING
TO COVER SERVICES TO THE DISADVANTAGED, AND TO PROVIDE SUPPORTIVE LIBRARY
SERVICES FOR ADULT BASIC EDUCATION CLASSES; AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL NECESSARY DOCUMENTS RELATING TO SAID GRANT IF SAME IS 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 and Lozano,
present and voting "Aye"; Stark absent.
ORDINANCE NO. 12420
GRANTING A REVOCABLE EASEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A REVOCABLE EASEMENT TO TEJAS GAS CORPORATION TO INSTALL, OPERATE, MAINTAIN,
REPAIR AND REMOVE ONE 8 -INCH PIPELINE ALONG THE RIGHT-OF-WAY OF 4385 FEET OF
CITY STREETS, AS FURTHER DESCRIBED IN THE REVOCABLE EASEMENT ATTACHED HERETO AND
MADE A PART HEREOF, MARKED EXHIBIT "A", UPON THE PAYMENT OF THE FEE PROVIDED
THEREIN; AND DECLARING AN EMERGENCY.
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regular Council Meeting
January 8, 1975
Page 16
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano,
present and voting "Aye"; Stark absent.
RESOLUTION NO. 12421
RESOLUTION URGING THE GOVERNOR OF THE STATE OF TEXAS TO URGE THE RAILROAD
COMMISSION TO PROCEED AS EXPEDITIOUSLY AS POSSIBLE TO REACH A DECISION ON
THE MATTERS PENDING BEFORE IT, AND PARTICULARLY THE MATTERS PERTAINING TO THE
COST AND ALLOCATION OF THE SUPPLY OF NATURAL GAS FURNISHED BY THE LO-VACA
GATHERING COMPANY; 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 and Lozano,
present and voting "Aye"; Stark absent.
ORDINANCE NO. 12422
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS:
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 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;
AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREET WILL BE
SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVE-
MENTS AND LEVYING AN ASSESSMENT; FIXING A LIEN AND CHARGE, THE MANNER AND
TIME OF PAYMENT AND COLLECTION; 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 and Lozano,
present and voting "Aye"; Stark absent.
ORDINANCE NO. 12423
AMENDING THE CITY BUDGET: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH BURTEX CONSTRUCTORS, INC., FOR CONSTRUCTION OF AUSTIN SCHOOL AREA
IMPROVEMENTS, UNIT II; APPROPRIATING OUT OF NO. 220 STREET BOND FUND $820,000
OF WHICH $796,375.13 I5 FOR THE CONSTRUCTION CONTRACT AND $23,624.87 IS FOR
CONTINGENCIES AND INCIDENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO. 220-72-
1.2; AND DECLARING AN EMERGENCY.
• 1 j•
Minutes
Regular Council Meeting
January 8, 1975
Page 17
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano,
present and voting "Aye"; Stark absent.
ORDINANCE NO. 12424
MAKING FINDINGS OF FACT REGARDING THE TEXAS PARKS AND WILDLIFE DEPARTMENT
MASTER PLAN FOR THE DEVELOPMENT OF MUSTANG ISLAND STATE PARK; REQUESTING
THE REMOVAL OF TRAFFIC BARRICADES; SUPPORTING A FEE TO BE CHARGED FOR THE USE
OF CAMPING FACILITIES BUT OPPOSING AN ENTRANCE FEE; SUPPORTING SEPARATION OF
VEHICULAR AND PEDESTRIAN TRAFFIC BUT NOT RESTRICTING THE FREE AND UNINTERRUPTED
ACCESS OF THE PUBLIC TO THE BEACH AREAS; SUPPORTING AN ENTRANCE AND EXIT AT
BOTH ENDS OF THE PROPOSED PARK SO THAT ALL CITIZENS HAVE FREE AND READY ACCESS
TO ALL AREAS OF THE PARK; DIRECTING THE CITY SECRETARY TO FORWARD A COPY OF
THIS RESOLUTION TO TEXAS PARKS AND WILDLIFE DEPARTMENT; 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 and Lozano,
present and voting "Aye"; Stark absent.
City Secretary Read stated that according to his tabulation, all ordinances voted upon
were passed with Mayor Luby voting "Nay" on Ordinances No. 12414, and second reading amend-
ing the Building Code to increase fees for mobile home connection and tie -down permits.
Executive Assistant City Attorney Michael May stated the Council will hold a closed
meeting under Art. 6252-17 Section 2(g) V.A.T.S. for discussions of the Padre -Staples Mall
litigation matter.
There being no further business to come before the Council, motion by Lozano, seconded
by Ricardo Gonzalez and passed, that the meeting be adjourned at 7:30 p.m., January8, 1975.