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HomeMy WebLinkAboutMinutes City Council - 01/22/1975MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING January 22, 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. J. Howard Stark Hall. chaplain. 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 Branch in the absence of the invited guest City Secretary Bill G. Read called the roll of those in attendance. Mayor Luby announced the issuance of proclamations as follows: TEXAS A & M UNIVERSITY DAY, January 25, 1975; CLERGY WEEK, February 2 through 8, 1975; GOLDEN GLOVES TOURNAMENT, January 15, 17 and 29, 1975; and CHILDREN'S DENTAL WEEK, February 2 through 8, 1975. Mr. Gordon Hurst of the Insurance Advisory Board, appeared and introduced Mr. Bryan Bergstrom who has replaced Mr. Robert Caldcleugh on the Board. Mr. Hurst stated that Mr. Bergstrom has had 16 years experience in the field of insurance and will be an asset to this Committee.. He also reported a $57,000 dividend from automobile liability insurance, and commented this should be some help to the budget. Mr. Bill Ault, representing the Corpus Christi Tennis Association, appeared with past President John Zimmerman, and Mr. Bob Mapes, tennis professional, and urged the Council to find a way to provide lights for all the courts at H.E.B. Tennis Center. Mr. Ault pointed out the need for the lighting in view of the large tournaments being held in the City, stating that tennis has exploded into one of the most popular sports in the nation and Corpus Christi is a potential tennis center for the State of Texas. Mr. Zimmerman emphasized two points, demand and need. He stated that he had visited many other cities of comparable size and all had beautifully lighted courts. He stated the estimated cost of lighting the 12 courts would be an estimated $38,500. Mr. Lon Hill of Adcraft Advertising, stated his firm does the advertising for the Tourist Bureau of the City, and for several years he has had visions of making this City the tennis center of Texas. Commissioner Stark expressed the opinion that tennis is a wonderful sport, this is a beneficial project, and should be supported. He suggested that Central Power and Light Company -.mutes Regular Council Meeting January 22, 1975 Page 2 be contacted for a possible contribution toward this lighting and also suggested that the City try to find some way to light the courts. Mr. W. E. Whitworth, CPL Manager who was present in the audience, stated he was sure his company would be interested in looking into this matter. City Manager Townsend was directed to contact CPL representatives and report to the Council next week. On another matter, Mr. Whitworth reported that the price of fuel used at the Company's power plants during the last month was down and would be passed to the customers on the February billing. He explained that the average delivered cost of fuel to CPL during January, 1975 was 112.34 per MMBTU and that this would mean a decrease of about $1.09 per month for the average residential consumer using 1,000 kilowatt hours. He stated the adjustment on bills going out start- ing January 27 will be $12.18 per 1,000 kilowatt hours compared to $13.27 last month. Assistant City Manager Archie Walker presented the request to close an unopened portion of Gateway Drive between O'Connell and Nagle Streets. He explained that Gateway Drive between O'Connell and Cline Streets was closed by Council action in April of 1972 except for a drainage easement, and if this portion is closed, the drainage easement will also need to be retained. He explained that the petition to close had been signed by Mrs. Mildred Sachs, 10649 Marcia South Padre Island Drive; J. W. Hensley, 213 Aviation Drive; and/Mayes. City Manager Townsend presented background information regarding the closing of the portion of Gateway Drive abutting Lots 1 and 12, Block 3, and Lots 15 and 16, Block 4, lying between Cline and O'Connell, which was the subject of a public hearing in 1972. He explained that these streets all need the drainage and at the present time the drainageway is located along both side of the right-of-way, but is is recommended that it be relocated to the center of the easement; that the recommendation of the staff is that the street be closed with the stipulation that the drainage problem be resolved, that 25' on both sides revert to the property owners on both sides, and if the owners agree on something else, that it be subject to retention of an easement for that purpose. Mrs. Mildred Sachs, one of the petitioners, explained that she wanted the street closed because she is presently maintaining it and the City is also spending considerable time and money to keep it clean. She explained that if she is required to do so, she would pay for the relocation of the drainage ditch. She pointed out that there is an encroachment into Gateway Drive from Lot 1, Block 7. Director of Engineering & Physical Development James Lontos explained reasons for the recommendation that the ditch be moved to the center, stating that from the standpoint of Minutes Regular Council Meeting January 22, 1975 Page 3 equity and in terms of an equal settlement of the abandoned right-of-way, it would be best to construct the ditch down the center of the right-of-way. He pointed out that at the present time, there are two ditches on both sides. No one appeared in opposition to the proposed closing. Motion by Branch, seconded by Acuff and passed, that the hearing be closed. Motion by Stark, seconded by Ricardo Gonzalez and passed, that the staff be instructed to proceed with closing the portion of Gateway Drive as requested with the stipulation that a 25 foot easement be retained for the drainage ditch which is recommended to be relocated in the center of the easement, that 25 feet on either side revert to the respective property owners, and in the event the property owners agree on some other arrangement, this arrangement be subject to the easement being retained for drainage purposes. (Hearing re -opened later in this meeting - see subsequent motion) Mayor Luby called for the City Manager's Reports and Assistant City Manager Archie Walker presented requests and recommendations with related comments and explanations, as follows: (City Manager Townsend was temporarily incapacitated by acute laryngitis) a. That the expiration date of drilling permit #842 issued to Kelly Bell be extended from January 30, 1975 to May 30, 1975 because of the current shortage of pipe and the inability to secure a drilling rig. This permit was issued January 30, 1974 to drill a 10,000' well near Rose Hill Cemetery. b. That authority be granted to execute a 90 -day mineral lease on 65.5 acres owned by the City adjacent to Lake Corpus Christi with Peter Salpeter Energy Company, Inc., of Corpus Christi, c/o of Ronald L. Chachere, on the basis of the only bid received of a cash bonus of $20.65 per acre for a total of $1,352.58 and a royalty of 3/16ths. The lease provides that: (Bid Tab #4-75) (1) The City has the option to acquire the gas at market value not to exceed $1.50 per MCF. (2) Any surface use be approved by the Lower Nueces River Water Supply District. (3) All City land drilling ordinance requirements must be complied with. (4) Unitization of any portion will only hold the portion so unitized beyond the primary lease. c. That a contract for the unloading and hauling of 2,400 tons (more or less) of ,Minutes Regular Council Meeting January 22, 1975 Page 4 rip rap stone at the railroad spur in Mathis to Wesley Seale Dam for downstream protection of the banks of the Nueces River below the dam be awarded to Slovak Brothers, Corpus Christi, on the basis of low bid of $4.95 per ton or $11,880. A contract has previously been authorized for purchase of the stone. The quantity of stone is being reduced from the previously approved 2,900 tons to 2,400. Bids were received from three firms. (Bid Tab 05-75) d. That payment of the $1,400 Special Commissioners Award be authorized to Mrs. B. D. Berryman for the acquisition of Parcel No. 22 of the Police Station Area Expansion Project. The parcel is located between Massey and Winnebago Streets east of the Police Station and will be used to expand the parking lot and car pound. e. That the Violet Road Street Improvement Project, Leopard Street to I.H. 37, jointly constructed by the City and the State Highway Department, be accepted as complete and the final corrected assessment roll of $20,447.59 be adopted. The total cost was $184,489.20. The State's portion was $96,779.15 and the City's $87,710.05. The assessment roll is based on a maximum assessment of $7.67 per linear foot for curb, gutter and sidewalk for residential property. f. That re -striping a portion of the Airport runways be awarded to J. A. Reke Company on the basis of the low base bid of $7,819.05 and that $8,000 be appropriated including related solid expenses. The base bid provided for / striping of the touchdown bars for Runway 17-35 rather than zebra striping. Although the zebra striping would be $918.73 cheaper, solid striping is recom- mended because it will last longer and is preferred by F.A.A. g. That a contract be awarded to Asphalt Paving & Construction Co., Corpus Christi, for demolition and removal of two buildings located at 611 and 613 North Chaparral, on the basis of low bid of $8,100.00. These buildings have been vacant and in disrepair for several years, are fire hazards, and are unsafe. The cost of demolition will be paid from a previously approved HUD demolition grant. h. That authority be granted to execute a lease agreement with Mrs. Herman Glosserman, et al, the owners of two buildings at 611 and 613 North Chaparral Street. The agreement provides that, upon demolition of the structures, the City will lease the property for a period of 10 years at $170 per month of which amount $107.06 will be applied to pay off the demolition lien of $8,100 at 10% interest over the 10 -year period. The remaining $62.94 will be paid to the owners monthly. The City will make the necessary improvements to convert the land into 17 space parking lot for the City's use. The lease provides that the owners will reimburse the City for the unamortized cost of Minutes Regular Council Meeting January 22, 1975 Page 5 parking improvements if they cancel the lease before it expires. Plans for the parking improvements will be completed in the near future (estimated cost $6,000). The 17 spaces will be used for City employees parking in lieu of spaces now leased. The City will reserve the right to cancel on 60 days notice. i. That $6,800,000 of General Improvement Bonds authorized at the election on December 9, 1972, be sold on February 26, 1975. Amount Purpose Proposition Number To be Sold Auditorium Bonds 3 $ 4,400,000 Drainage Bonds 8 600,000 Health Facility Bonds 8B 900,000 Street Bonds 9 900, 000 Total Bonds to be Sold $ 6,800,000 Mr. Hobby McCall and Mr. M. E. Allison, Sr. be employed to provide legal ($7,250) and financial advisory services ($13,595) respectively for the sale at an estimated total cost of $23,500 including bond and prospectus printing and this amount be appropriated propor- tionately from the individual bond construction fund. 1. That bids be received at 11:00 a.m., Monday, February 10, 1975 for the following budgeted items: (1) A replacement 3,000 Ib. fork lift truck for the Warehouse. (2) Two truck -mounted cranes - one for the Water Division (replacement) and one for the Gas Division (additional). (3) Fourteen replacement special bodies for various Divisions. (4) Repairs to a wrecked Water Division 27,500 GVW truck involved in a recent accident with another City vehicle either by repairing the cab or replacing it with a new or used one. (5) A replacement floor scrubber for the Coliseum. k. That plans and specifications for the Santa Fe Street (Lorraine Drive) Drainage Improvements be approved and that bids be received on February 12, 1975. The project will provide a solution to the Lorraine Drive drainage problem for which bond funds were approved December, 1972. The project includes construction of a relief line on Santa Fe Street from the existing Carmel Storm Sewer in Lamar Park to Santa Monica and will provide additional capacity needed to drain the sizeable drainage area and relieve intersection flooding resulting from the undersized sewer in Santa Fe Street. I. That values of $98,500.00 be approved for the acquisition of 7 parcels located in Minutes Regular Council Meeting January 22, 1975 Page 6 Block 6, J. M. Webb Subdivision, all in Project Area 2, Naval Air Station Safety Zones- Land Acquisition Project. The 7 parcels include all of the property being acquired along Anchor Street between Navy Drive and Hornet Drive. The 1973-74 revenue sharing budget provides $500,000 for this project. Values previously approved total $113,934 leaving $287,566 for the remaining parcels. m. That adjustments to the City's Tax Rolls, for the period May 1 thru July 31, 1974, as submitted by the Tax Assessor -Collector, be approved as follows: City's Roll Net Decrease 1973 Tax Roll $ 5,090.00 Prior Year's Tax Rolls 6,085.26 Total $11,175.26 Water District's Roll Net Decreases $129 129 The net decrease of $5,090 to the 1973 Levy consists of a decrease of $2,514 in real estate taxes and $2,576 in personal property taxes. Included are decreases of $1,016 for three exempt properties and decreases of $1,486 for 21 properties double assessed. n. That acquisition of Parcels 42 through 45, Block 81, Bayfront Science Park from Mr. Harvie Branscomb, Jr. and Mr. William S. Whittet for $178,500 including $750 closing costs be approved. These parcels are bounded by North Shoreline, Brewster Street and North Water and are across the street from the proposed auditorium. Existing revenue sharing appropriations are sufficient for this purchase. o. That a contract for the construction of the Williams Drive Drainage Improvements Project, which includes a multiple box structure from Airline Road to Rodd Field Road be awarded to Heldenfels Brothers for $1,118,161.50 and that $1,150,000 be appropriated to cover the award of the contract plus engineering, laboratory testing, staking and related expenses. The award is based on the base bid plus the additive alternate. The project was included in the 1972 Bond program. The bond election provided $750,000 for the project of which $8,401 has been spent. The additional $408,401 needed to award the contract is recommended to be obtained from the following sources: Storm Sewer Bond Fund $296 $62,422 - Federal assistance on 4 projects authorized in 1970 have enabled the projects to be completed with this amount remaining. Storm Sewer Bond Fund 0295 $62,205 - The Casa Blanca and Arboleda storm sewers approved in 1972 have been completed at substantially reduced cost. Minutes Regular Council Meeting January 22, 1975 Page 7 $13,774 Revenue Sharing $270, 000 - The Van Galen Ditch lining project authorized in 1972 has recently been completed leaving this balance. - Further review of the equipment to be purchased for the land fill indicates that the money reserved for this purpose can be further reduced. - Nueces Bay Boulevard improvements from IH to West Broadway will involve the County and are now included on the list of streets to be built with State - Federal assistance. Thus, the revenue sharing allocation is no longer needed. Total $408,401 p. That a motion be approved prior to third reading of the modification to the Police and Fire longevity steps so that the effective date of the changes will be February 3, 1975. The original effective date assumed that the ordinance would pass on an emergency basis. q. That the balance of the 1956 Bridge Bond Fund be utilized for removal of pilings along the Nueces Bay causeway. The Fund has a balance of approximately $59,000 from money originally provided by the county, city and Navigation District for the Tule Lake Bridge, Harbor Bridge and railroad relocation projects. Income from project rent, sale of salvage and other miscellaneous project income has been deposited into this joint fund. Approval of Nueces County and the Navigation District will also be necessary. r. That the following project priorities be established for the Urban Systems Program to be constructed jointly between the City and the State Highway Department with local funds and funds provided by the 1973 Federal Highway Act: First Year 1. Waldron Road, from Purdue to Caribbean 2. McArdle Road, from Vance to Mt. Vernon Park 3. Airline Road, from Padre Island Drive to Williams Drive. Second Year 1. Port Avenue, Agnes to Ayers 2. Leopard Street Overlay, Broadway to Palm Drive 3. North Staples Street, I.H. 37 to N. Broadway 4. Starlite Lane, S.H. 9 to Sunny Drive Third Year 1. Kostoryz Road, from Padre Island Drive to Holly Road 2. Nueces Bay Blvd., from I.H. 37 to Broadway 3. McKenzie Road, S.H. 9 to I.H. 37 4. Cooper's Alley, from Tancahua to Mesquite Motion by Acuff, seconded by Branch and passed, with Luby voting "No" on Item "n", that the City Manager's Reports be accepted, and Items "a" through "r" be granted, approved and adopted, as presented. ,..inutes Regular Council Meeting January 22, 1975 Page 8 a Mr. Charles DeWeese, on behalf of the Smith Elementary School Parent Teachers Association and the Palmcrest Baptist Church, thanked the Council and staff for their kindness and consideration in listening to their petitions and their final decision to construct a closed drainage facility on Williams Drive all the way from Rodd Field Road to Airline. It was brought to the attention of the City Manager that the public hearing on the closing of a portion of Gateway Drive had been inadvertently held at 2:00 o'clock, but had been advertised and notices to property owners had indicated it would be held at 3:00 p.m. He stated the appropriate procedure would be to re -open the hearing for the purpose of hearing those persons who had arrived for the 3:00 o'clock setting. Motion by Branch, seconded by Acuff and passed, that the public hearing on the request to close an unopened portion of Gateway Drive be re -opened. City Manager Townsend explained the confusion as a result of the time set for the hearing, presented a summary and background information relating to the proposed closing and pointed out the location of the area in question on the map. Mr. James Buchanan of San Antonio, spoke on behalf of his mother, Mrs. M. M. Buchanan, 10637 South Padre Island Drive. He explained that she is the owner of adjacent Lots 12, 16 and 15, Block 6, and that she was not opposed to the proposed closing but was concerned with the location of the drainage ditch. He stated that up until the last year, this ditch had been located on the east side of the right-of-way, that within the last year, it suddenly was placed on the opposite side and remains of the old ditch are still there. He explained that they do not want to bear the expense of relocating the ditch to the center as recommended by the City Manager. He explained that his family owns a motel in Flour Bluff and had plans of moving this motel onto the property at this location which they would improve with more modern additions, and if the drainage ditch is moved to the center of the easement, it would render this land useless for this purpose. He stated the only way they would be in favor of the closing is that the drainage ditch remain along the east side where it has been for the last 15 or 20 years. Mr. Townsend pointed out that the recommendation was that the street be closed subject to the owners' agreement as to the location of the drainage ditch and subject to retention of an easement for this purpose; that the relocation from the east side to the west side had been done when the drainage system was changed, and this was and still is, at the discretion of the City since it is public right-of-way. ., notes Regular Council Meeting January 22, 1975 Page 9 Mr. Buchanan stated that unless the ditch remains on the eaat;side as it has always been, they are in opposition to the closing; that he would not be willing to bear any expense for its relocation; and he does not believe the two property owners could work out any agreement since they have encountered problems of long standing which have been unresolved and also have been before the Board of Adjustment. He pointed out that they own three parcels of property, Mrs. Sachs only owns one, therefore, she should not be permitted to dictate and if she wants to change the location of the ditch on her side, she could do that at her own expense. He stated he had been advised by a member of the staff within the last few weeks that the ditch was going to be left on the east side. He requested that the Council make a firm decision on this matter at this time since he lives in San Antonio and it is very inconvenient to leave his business for frequent trips to Corpus Christi. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the hearing be again closed. Motion by Stark, seconded by Ricardo Gonzalez and passed, that the recommendation of the staff be concurred in and the unopened portion of Gateway Drive between O'Connell and Nagle Streets be closed with the stipulation that the entire right-of-way be retained as a drainage easement, that 25 feet on either side revert to the respective property owners unless other arrange- ments of the property owners are worked out, and the location of the drainageway be resolved by the owners involved. The report of City Secretary Read relative to canvassing the results of the January 18, 1975 Charter Amendment Election was accepted. City Manager Townsend presented and made relative comments to ordinances appearing on the agenda. Motion by Acuff, seconded by Branch and passed, that the Ordinance proposing to amend Ordinance No. 8127 by changing the salary schedules of employees under Neighborhood Youth Corps and the Police and Fire Series, read on the first two of three readings on January 8, 1975 and January 15, 1975, respectively, as follows: 1. Prior to its third and final reading, that Section 2 be amended to hereafter read as follows: "SECTION 2. The effective date of the above changes as to the Neighborhood Youth Corps shall be January 1, 1975, and the effective of the above changes as to the Police and Fire minutes Regular Council Meeting January 22, 1975 Page 10 Series shall be February 3, 1975." SECOND READING OF AN ORDINANCE DEFINING SMOKING; PROHIBITING SMOKING IN THE CORPUS CHRISTI MUSEUM; PROVIDING FOR PUBLICATION; PROVIDING A PENALTY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Branch, Torn Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12434 THIRD 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. as amended The foregoing ordinance was read for the third time and passed finally/by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12435 AMENDING THE CITY BUDGET; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH J. A. REKE FOR THE RUNWAY CENTERLINE REPAINTING AT CORPUS CHRISTI INTER- NATIONAL AIRPORT; APPROPRIATING AND REAPPROPRIATING A TOTAL OF $8,000 OF WHICH $4,195.14 IS OUT OF THE NO. 117 AIRPORT FUND, ACTIVITY 5411, CODE 345, $4,100.25 BEING FOR THE CONSTRUCTION CONTRACT AND $94.89 BEING FOR INCIDENTAL AND RELATED EXPENSES, AND $3,804.86 IS OUT OF THE NO. 245 AIRPORT BOND FUND APPLI- CABLE TO PROJECT NO. 245-68-22, $3,718.80 BEING FOR THE CONSTRUCTION CONTRACT AND $86.06 BEING FOR INCIDENTAL AND RELATED EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12436 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND PETER-SALPETER ENERGY COMPANY, INC., OF CORPUS CHRISTI FOR THE PURPOSE OF INVESTIGATING, EXPLORING,PROSPECTING, DRILLING AND MINING FOR AND PRODUCING OIL AND GAS BENEATH THE SURFACE OF THAT TRACT OR PARCEL OF LAND DESCRIBED AS 65.5 ACRES OF LAND BEING THE SAME LAND DESCRIBED IN A CERTAIN DEED DATED AUGUST 14, 1934,FROM ARTHUR C. JONES TO THE CITY OF CORPUS CHRISTI, RECORDED IN VOLUME 105, AT PAGES 153-154 OF THE DEED RECORDS OF SAN PATRICIO COUNTY, TEXAS, OWNED BY THE CITY OF CORPUS CHRISTI, ADJACENT TO LAKE CORPUS CHRISTI, AND BEING FOR A PRIMARY TERM OF NINETY (90) DAYS, COMMENCING WITH THE DATE OF EXECUTION OF THE SAID OIL AND GAS LEASE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". Minutes Regular Council Meeting January 22, 1975 Page 11 ORDINANCE NO. 12437 AUTHORIZING THE EMPLOYMENT OF HOBBY H. McCALL AND M. E. ALLISON, SR. TO PROVIDE LEGAL AND FINANCIAL SERVICES, RESPECTIVELY, RELATING TO THE PROPOSED SALE OF $6,800,000 GENERAL IMPROVEMENT BONDS ON FEBRUARY 26, 1975; APPROPRIAT- ING $23,500 FROM VARIOUS BOND FUNDS, AS OUTLINED HEREINAFTER, THE ESTIMATED COSTS OF THE BOND SALE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12438 AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH MRS. HERMAN GLOSSERMAN, ET AL, FOR PROPERTIES LOCATED AT 611 AND 613 NORTH CHAPARRAL STREET FOR USE AS MUNICIPAL PARKING FACILITIES UPON DEMOLITION OF STRUCTURES PRESENTLY LOCATED THEREON, ALL AS MORE FULLY SET FORTH IN THE LEASE, 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, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12439 APPROPRIATING AND REAPPROPRIATING OUT OF THE NO. 102 GENERAL FUND FOR PROJECT NO. 102-3327-501, POLICE STATION EXPANSION PROJECT, $1,525 FOR AWARD OF SPECIAL COMMISSIONERS, COMMISSIONERS' FEES AND COURT COSTS IN CONNECTION WITH ACQUISITION OF PARCEL NO. 22 FROM MRS. B. D. BERRYMAN IN CONDEMNATION PRO- CEEDINGS, IN CAUSE NO. 707, CITY OF CORPUS CHRISTI V. RUTH BERRYMAN, ET VIR, B. D. BERRYMAN; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12440 CANVASSING THE RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD IN THE CITY OF CORPUS CHRISTI ON THE 18TH DAY OF JANUARY, 1975, UPON THE QUESTION OF ADOPTING AMENDMENTS TO THE CITY 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, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12441 AMENDING ORDINANCE NO. 12243, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 28TH DAY OF AUGUST, 1974, BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS Minutes Regular Council Meeting January 22, 1975 Page 12 TO CORRECT AND ADJUST THE ASSESSMENTS LEVIED AGAINST THE ABUTTING PROPERTY OWNERS ON THE FOLLOWING STREET: Violet Road {F. M. Highway 24) from Leopard Street (Loop 407) to I.H. 37 Access Road, AS HEREINAFTER PROVIDED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12442 AMENDING THE CITY BUDGET; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS FOR CONSTRUCTION OF THE WILLIAMS DRIVE DRAINAGE IMPROVEMENTS; CANCELLING THE RESERVE APPROPRIATION OF $200,000 IN ACTIVITY 6704 OF THE NO. 124 GENERAL REVENUE SHARING FUND FOR THE NUECES BAY BOULEVARD IMPROVEMENTS AND $70,000 OF THE REMAINING APPROPRIATION OF $238,826 IN ACTIVITY 3554, OF THE NO. 123 GENERAL REVENUE SHARING FUND FOR THE PURCHASE OF LAND- FILL EQUIPMENT, AND REAPPROPRIATING SAID FUNDS TO ACTIVITY 5682, WHICH AMOUNT WILL BE TRANSFERRED TO THE NO. 295 STORM SEWER BOND FUND FOR PROJECT NO. 295-72-5, WILLIAMS DRIVE DRAINAGE IMPROVEMENTS; APPROPRIATING AND REAPPROPRIAT- ING $1,150,000 OUT OF THE NO, 295 STORM SEWER BOND FUND, OF WHICH $1,118,161.50 IS FOR THE CONSTRUCTION CONTRACT AND $31,838.50 IS FOR INCIDENTAL AND RELATED EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12443 AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR THE ACQUISITON OF PARCELS 42 THROUGH 45, BLOCK 81, BEACH PORTION OF THE CITY OF CORPUS CHRISTI, FOR THE BAYFRONT SCIENCE PARK EXPANSION PROJECT; APPROPRIATING AND REAPPROPRIATING OUT OF THE NO. 123 GENERAL REVENUE SHARING FUND $49,925, TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO, 11814, PASSED AND APPROVED ON NOVEMBER 28, 1973, FOR ACQUISITION OF PARCELS 42 THROUGH 45, FOR A TOTAL COMPENSATION OF $178,500, OF WHICH AMOUNT $177,750 I5 FOR LAND ACQUISITION AND $750 IS FOR INCIDENTAL EXPENSES RELATED TO CLOSING; AND DECLAR- ING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby, present and voting "Nay". RESOLUTION NO. 12444 RESOLUTION ESTABLISHING PRIORITIES OF PROJECTS FOR FIRST, SECOND AND THIRD YEAR URBAN SYSTEMS PROGRAM, JOINTLY BY THE CITY AND :iTATE HIGHWAY DEPARTMENT AND FUNDED WITH LOCAL FUNDS AND FEDERAL HIGHWAY ACT OF 1973: FIRST YEAR, PORTIONS OF WALDRON ROAD, McARDLE ROAD, AIRLINE ROAD; SECOND YEAR, PORTIONS OF PORT AVE., LEOPARD ST. OVERLAY, NORTH STAPLES STREET, STARLITE LANE; THIRD YEAR, PORTIONS OF KOSTORYZ ROAD, NUECES BAY BLVD., McKENZIE ROAD AND COOPERS ALLEY. ..tinutes Regular Council Meeting January 22, 1975 Page 13 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12445 AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISI- TION OF PARCELS 65 THROUGH 71, BLOCK 6, AT APPROVED VALUE, ALL BEING OUT OF THE J. M. WEBB SUBDIVISION, IN CONNECTION WITH THE NAVAL AIR STATION SAFETY ZONES - LAND ACQUISITION PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom 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 Mayor Luby voting "No" on Ordinance No. 12443. Mr. Paul Vogler, Jr. appeared and presented the Council and members of the staff with paper weights made from granite from the center tread of the steps over which former president Lyndon B. Johnson walked while teaching school at Central High School in Houston, Texas prior to his entering the field of public service and politics. Mr. Vogler further stated that he still stands on his position that there is a "conflict of interest" in Municipal Court for the reason that Judge Raul Garcia owns part interest in a night club. Mayor Luby stated that Judge Garza was his appointee and any complaints should be directed to the Mayor's office in writing, and further, that this is not the proper forum for this discussion. Mr. Vogler also complained that he had requested a place on today's agenda but due to some mis- understanding he was not listed. He stated he would put his complaint in writing to the Mayor and also to the Ministerial Alliance. City Manager Townsend pointed out that this is the last Council meeting City Attorney Jim Riggs would attend as his resignation would be effective January 23. He was commended for his years of fine service to the City and community. Mr. Townsend stated a resolution of commen- dation would be on next week's agenda. Motion by Acuff, seconded by Branch and passed, with Mayor Luby abstaining, that the Council reaffirm the action taken by resolution in May of 1974, petitioning the Legislature to establish a State Public Utilities Regulatory Commission, specifically calling for an adequate and expert commission staff and sufficient financing to perform its duties in an outstanding manner, recommending that the electric, telephone, telegraph, and oil and gas transmission and distribution Minutes Regular Council Meeting January 22, 1975 Page 14 utilities be made subject to the complete regulation of said state commission. The City Secretary was directed to forward copies of this resolution to the State Legislators. Mayor Luby read a letter signed by School Superintendent Dana Williams officially notifying the City of the withdrawal of the local School District as an MH-MR sponsor. The City's role 'in the future of this organization was discussed, Mr. Townsend stated that meetings have been held to try to work out plans for reorganization of the MH-MR sponsorship, but have been unable to bring the pieces into focus. He stated he will work with the County Commissioners Court for a recommendation to bring to the City Council in the next two or three weeks. There being no further business to come before the Council, motion by Acuff, seconded by Stark and passed, that the meeting be adjourned at 4:50 p.m., January 22, 1975.