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HomeMy WebLinkAboutMinutes City Council - 04/02/1975MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING April 2, 1975 2:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Rev. Harold T. Branch City Manager R. Marvin Townsend Thomas V. Gonzales Acting City Attorney Michael May Ricardo Gonzalez City Secretary Bill G. Read Gabe Lozano, Sr. J. Howard Stark Mayor Pro Tem James T. Acuff called the meeting to order in the temporary absence of Mayor Luby. The Invocation was given by Commissioner Branch in the absence of the invited Guest Chaplain. City Secretary Bill G. Read called the roll of those in attendance. Mayor Pro Tem Acuff announced that a proclamation had been issued in the Mayor's office proclaiming April 5 through April 12, 1975, as THE WEEK OF THE YOUNG CHILD. Mayor Pro Tem Acuff called for the City Manager's Reports and City Manager Townsend presented requests and recommendations with related explanations and comments, as follows: (Mayor Luby arrived at the meeting at this time and assumed the Chair.) a. That a contract for the sale and removal of a City -owned building located at 1818 North Water Street, Block 91, Bayfront Science Park, be awarded to Peter Siracusca, Corpus Christi, on the basis of high bid of $1,005.00. Bids were received from 3 parties. The house meets minimum standards and can be moved. The building is to be removed in 30 days. (Bid Tab. #30-75) b. That contracts for the demolition of buildings in Block 91 (the auditorium site), be awarded to the following firms on the basis of best bids as follows: ALYANDRO GARCIA, Sinton - Lot I • $60.00 (Will pay City) Lot ISI 45.00 " " " $105.00 BOZARTH SERVICE, Corpus Christi Lot II $1,995.00 (Total Cost) Lot I includes Lots 1, 12 and the south 10' of Lot II located on Brewster and the corner of Brewster and Water Streets. Lot II includes Lots 9, 10 and the north 40' of Lot II located on Water Street and Lot III contains Lots 7 and 8 located on Hirsch Street. Bids were received from 3 firms. The demolition is to be completed within 50 days. (Bid Tab. #31-75) c. That the installation of the electric gate at Pump Station "A" on Power and Water Street be accepted and final payment of $13,296.74 be made to the inutes Regular Council Meeting April 2, 1975 Page 2 contractor, W. T. Young. The $87,854 contract was awarded in June, 1973. Fabri- cation of the gate has taken over a year and was only recently installed. (Bid Tab. X632-75). d. That the Greenwood Softball Complex be accepted and final payment of $20,959 of the $209.589 be made to the contractor, J. H. Chapman Construction Company. This 1972 bond project consists of a central administration building with press box, meeting room, restrooms and concession stand; four fields for regulation softball play (one field can be converted to football play); wooden bleachers; field and area lighting; asphalt walkways; parking lots for 250 cars and a 1,000' extension of Columbia Parkway. The Park Department is installing the backstops, the sprinkler system and fencing. The contractor exceeded the allotted 100 working days by 7 days. A 7 -day extension is recommended due to 2 change orders which increased the work by $1,637. (Bid Tab. #33-75) e. That a change order be authorized to the contract with William J. Shaw, Builder, for construction of the Senior Citizens facility in Lindale Park to provide additional lighting for the softball field by increasing the wire size from No. 6 to No. 4 gauge and adding one pole with sixteen fixtures and cross arms and also furnishing two 100 amp. switches. An appropriation of $2,176 is requested from the Park Trust Fund. This will correct a lighting problem at the old field. f. That $75,000 be appropriated from Sanitary Sewer Bond Fund for expendi- tures for the experimental sludge injection system and pumps approved on March 19, 1975 and for related pipe and fittings including $49,959 to Maphis/Briscoe Co. for the sludge injection system, $10,099 to Southern Engine and Pump Company for the sludge pump and $14,942 for pipe and fittings. g. That the City participate to the extent of $10,396 with Nueces County in oversizing the storm sewer outfall for the new Courthouse from 36" to 48" to eliminate an old 30" storm sewer which angles across private property and provide less maintenance, better drainage and better utilization of public and private land. The property owners, Mr. Nathan Clark and the Corpus Christi Independent School District, will dedicate a 10' storm sewer easement for the project in exchange for the City abandoning the existing 30 inch storm sewer. h. That the following actions be authorized in connection with the McGee Beach Project: (1) A contract for furnishing 4,000 cu. yds. of clean river sand be awarded to Leopard Construction Company for $32,760,000, and $33,954.00 be appropriated including related expenses. This is approximately 25% less than the proposal quantity and is to be placed on about 60% of the south end of the beach area. mutes Regular Council Meeting April 2, 1975 Page 3 h. Cont'd: (2) A change order for $7,000.00 be authorized to the Goldston Company for moving an additional 2000 cubic yards of sand from north of the existing groin in front of the Coliseum to the north 40% of McGee Beach, and that $7,000 be appropriated. This sand will be removed only from above elevation of 0.72' as this area is above navigable waters and is cleaner sand. i. That $69,294 be appropriated from the Sewer Bond Fund to reimburse the Wastewater Services Fund Construction Activity for work done and to be done by City forces in replacing approximately 970' of 21" with 24" main on Horne Road from Port Avenue to Ayers ($66,794) and in relocating 350' of 8",sanitary sewer laterals at the new auditorium site ($2,500). The Horne Road project was necessary because the existing pipe was cracked and undersized for the load being carried. Replace- ment will prevent maintenance problems in an area where street improvments were recently completed. Materials for the Horne Road work were charged against the street Bond Fund ($26,013). j. That the appointment of Mr. Terry Dopson as Director of Parks and Recreation be confirmed. Mr. Dopson is now Director of Parks and Recreation in Baytown, Texas. Previously, he served as Assistant Director of Parks and Recreation for Beaumont. He is currently President of the Texas Recreation and Park Society, Vice -President of the Parks and Recreation Division of the Texas Municipal League, and on the Board of Directors of the Southwest Parks and Recreation Training Institute. k. That an amendment to the MH -MR sponsorship contract with Nueces County be approved to provide that any actions requiring approval of both bodies may be decided at a joint meeting where the sponsors shall act as a committee of the whole. Each County Commissioner would have one vote and each Councilman 5/7ths of a vote. The majority vote would govern, but no such action could obligate either party to the expenditure of money. 1. That the contract with the MH -MR Community Center be amended to authorize: (1) The balance of the $50,000 budgeted by the City and being paid in monthly installments, be paid in one lump sum, and (2) Payment of an additional $48,885, which is one-half of the MH -MR deficit as of August 31, 1975, with City to be reimbursed up to one-half of this amount when CCISD and/or Del Mar College District agree to underwrite all or part of their respective portions of the deficit. The $48,885 will be provided by reappropriation from the General Fund Reserve. m. That Ordinance No. 12517, dated March 5, 1975, be clarified to reflect a total reappropriation of $198,350 of which $177,366 is from the No. 124 General Revenue Sharing Fund and $20,984 is from the No. 121 General Revenue Sharing .linutes Regular Council Meeting April 2, 1975 Page 4 Fund for the acquisition of property for the Naval Air Station Safety Zone Project. The ordinance approved on March 5th authorized acquisition of the 55 parcels located on Aviation and Military Drives between Navy Drive and the Naval Air Station. The ordinance did not specifically reappropriate the money for the acquisition. n. That $616.50 ($515 for acqusition and $101.50 for related costs) be appropriated for the acquisition of Parcel 29-A for the South Staples Street Improvement project. This parcel contains 229 square feet and is located at the corner of South Staples Street and Wooldridge.Road. The acquisition should have been a part of Parcel 29 but due to an error in the construction plans this square footage was omitted. The parcel is owned by Mr. Dan M. Bates and others. ' o. That $8,005 be appropriated for the acquisition of Parcel Number 10 ($7,843) for -the Horne Road-Naples.to Columbia Street Improvement Project, including $162 of related costs. This parcel contains 3,137.3 square feet and is located on Horne Road between Rambler Street and the Crosstown Expressway. This is the last parcel needed to complete right-of-way acquisition for the Horne Road -Naples to Columbia Street Improvement Project. The parcel is owned by Gandy -Robertson, Inc. p. That approval be granted for additional water in -take facilities at Lake Corpus Christi for Alice. The contract between Corpus Christi and Alice requires that any expansion of in -take or transmission facilities be approved by Corpus Christi. Plans and specifications, prepared by McCaughan and Etheridge, provide for the installa- tion of an additional 4,500 g.p.m. pump at the Alice Water Authority pump station at Lake Corpus Christi. This will be the Authority's third pump. The station was• designed to accommodate four pumps. q. That the request of the San Patricio Municipal Water District to expand their in -take facilities at Calallen and their transmission facilities to provide water for the ammonia plant under consideration by Good Hope Chemical Corpora- tion, be approved. The San Patricio District plans to build either a 36" or a 42" raw water line to meet Good Hope's initial requirements of 8 million gallons per day. Since San Patricio is only utilizing approximately 12 million gallons of the 26 million gallons of untreated water per day presently authorized by the contract, and is allowed to increase its consumption by 10% per year, there is no need to increase at this time the maximum amount that San Patricio can take. r. That the General Fund be reimbursed $109,642.43 for engineering services provided during the First Quarter of 1974-75 (August 1, 1974 through October 31, 1974) for work performed on various Bond Fund Projects. An appropriation of $79,549.30 is requested to supplement $30,093.13 in existing appropriations for this purpose. 1inutes Regular Council Meeting April 2, 1975 Page 5 s. That the 1974-75 Budget be amended by cancelling $369,332 of the original $493,468 appropriation from the Fifth Revenue Sharing Entitlement Period for support of the Transit Fund; reappropriating $369,332 to the Fifth Revenue Sharing Entitlement Reserve; appropriating $369,332 from General Fund unappropriated surplus for a working capital advance to the Transit Fund pending receipt of a Transit System operational grant from the Urban Mass Transportation Administration. t. That the ordinance adopting the 1974-75 Budget be amended by increasing estimated Gas Fund Revenues by $1,463,453 and increasing gas purchases by $1,463,453 to provide appropriations for the estimated fuel adjustment pass through on gas purchases. u. That authority be granted to execute an agreement with the Missouri Pacific Railroad Company for permission to cross their main line railroad right-of-way for construction of a section of the Calallen Trunk Line between Interstate 37 and Hearne Road, and that $100 be appropriated for the license fee. v. That $57,000 be appropriated by the City, as trustee, from the Bascule Bridge Removal and Relocation Bond Fund. These funds will be used as the City's, Navigation District's,%and Nueces County's share of the cost of removal of the railroad trestle in Nueces Bay. The proposed settlement of the suit to which all parties have agreed, provides that Southern Pacific will contribute $150,000 toward the total settlement of $207,000 for the removal of the pilings. w. That a resolution be adopted authorizing the City to incur costs for management and preparation for the implementation of the Community Development program effective April 1, 1975. The Community Development Act authorizes expenditures in advance of formal approval to allow for the orderly transition into the implementation of the Community Development block grants. The City's application has been approved and is expected to be executed by April 21, 1975. x. That authority be granted to take all action necessary to accept the grant offers from the Department of Health, Education and Welfare and/or the Texas State Department of Health and to modify previous applications as necessary for -the Health Center at Horne and Greenwood. Tentative approval of a $1,000,000 grant has been received. y• (Considered separately - re awarding of contract for Corpus Christi Health Center) z. That change order No. 5 to the Airport Tower Expansion Project in an amount not to exceed existing appropriations for the project, be approved. This change order is to provide for the expansion of the employee parking lot from 72 ‘nutes Regular Council Meeting April 2, 1975 Page 6 spaces to approximately 180 spaces. This change order is subject to approval by FAA and will be informally submitted to the City Council for review before it is finally authorized. aa. That bids on the Washington -Carver Area Unit I Street Improvements be delayed from April 9, 1975 to April 16, 1975 and an addendum be issued dividing the project into two parts so contractors can bid either part or the total project. The area south of Tarlton Street will be Part A and north of Tarlton Street will be Part B, including the Baldwin sidewalk. bb. That the City Manager be authorized to notify Texas A & I University at Corpus Christi that the City will participate in the establishment of an oil spill training school at the university by providing $15,000 which is one-half of the local matching share for a federal grant the university is seeking. The school will improve the ability of employees of the City and local industries to control, harvest and dispose of oil spills. It is anticipated that about 500 students per year would attend from around the world. cc. Authorizing the City Manager to execute a contract terminating the primary Agreement with the Navigation District and Nueces County over the Bascule Bridge Removal and Relocation Project,and conveying surplus lands north of UpRiver Road to the Navigation District and maintaining ownership of all surplus lands south of UpRiver Road. dd. That the H.E.B. Tennis Center Courts lighting contract be awarded to Mathieu Electric for $47,826 which includes the lighting of 11 courts thus providing lighting on 13 out of 16 courts and that $50,000 be reappropriated from the General Fund Reserve to cover the award of the contract plus related expenses. ee. (Considered separately - re employment of Arturo Vasquez, CPA to audit the City's books for 1974-75 fiscal year) ff. (Considered separately - re City Council's support of the establish- ment of a State Utilities Regulatory Commission) gg. That authority be granted to use existing resources in the Gas Fund to participate in a program to independently audit LoVaca Gathering Company. Relative to the City Manager's recommendation that Mr. Terry Dopson of Baytown be employed as Director of Parks and Recreation, Commissioner Ricardo Gonzalez suggested that a policy be established that would give first consideration to local people and trained to fill vacancies in the City organization, and if necessary the salaries be made commensurate to keep qualified employees within the system. City Manager Townsend stated he shares this concern and assured the Council _flutes Regular Council Meeting April 2, 1975 Page 7 that this procedure had been followed. Mrs. Tony Botello spoke in connection with the City Manager's recommen- dation that a resolution be adopted authorizing the City to incur costs for manage- ment and preparation for the implementation of the Community Development program effective April 1, 1975. She requested that the Neighborhood Councils be notified of the hearings to be held in order to get support from the target areas. Commis- sioner Lozano commented he felt the Council should look at the matter as a whole and determine how community input can best be obtained; that he felt the base had been too narrow and too small; that a systematic pattern should be established for input from the target areas on this Community Development Program. In regard to the Community Development Porgram, Mr. Lucio Garcia inquired if transportation would be provided for a delegation of local supporters of Senate Bill 734 to attend the hearings in Austin. City Manager Townsend explained that this presents a mechanical problem in that there are different types of hearings some of which do not allow large numbers of people to attend and notice is not always given. He explained that he had recently attended a hearing regarding Nueces River Authority and the hearing was scheduled for 2 p.m. and was not actually convened until 6 p.m. and lasted about one minute. He stated he would attempt to work out some arrangements after the type of hearing is determined. Mr. Bill Ault, representative of the Corpus Christi Tennis Association, expressed appreciation to the Council for providing lighting for the H.E.B. Tennis Courts. He urged that the Council reconsider and include the Center Court in the program, stating that this is the place whe ? most of the income is generated though it is not as critical as the other courts. City Manager Townsend explained that the amount to be spent on lighting had been extended from the original estimate of $35,000 to $50,000 and that funds were not available to include the Center Court at this time. Motion by Acuff, seconded by Branch and passed, with Mayor Luby voting "Nay" on Item "j", that the City Manager's Reports be accepted (Items "ee", "ff" and "y" considered separately), and Items "a" through "gg" be granted, approved and adopted as presented. Motion by Branch, seconded by Ricardo Gonzalez and passed, that the firm of Arturo Vasquez, CPA, be employed to audit the City's books for the 1974-75 fiscal year and to audit the Firemen's Relief and Retirement Fund for the year ending December 31, 1975, for a maximum fee of $19,000 and $600 respectively (City mutes Regular Council Meeting April 2, 1975 Page 8 Manager's Reports "ee"). City Manager Townsend.explained the staff's recommendation that a resolution be passed incorporating into the previous resolution passed by the Council in support of the establishment of a State Utilities Regulatory Commission regarding Mayor Hofheinz' proposal which was discussed at the recent meeting of the Texas Municipal League Region 11. He stated a resolution had been prepared reflecting this view, and asked City Secretary Read to read the proposed resolu- tion in its entiretly. Various proposed amendments to the resolution were discussed citing the need for civil and criminal penalties for commissioners if they act improperly. Mayor Luby previously opposed such a resolution because of lack of information on how the commission would be operated, but stated he was prepared to support the resolution if a provision would be added calling for prosecution of commission members if they failed to keep the public trust. Mr. Jim Gillin, local coordinator for Common Cause, suggested that a provision be added to the effect that the commission use original cost less deprecia- tion in rate -making decisions, stating that utility companies are against this type of rate -making calculations and favor a fair rate of return system. Mrs. Tony Botello suggested that the resolution support the concept that commission members be elected by the State to avoid the political involvement. Motion by Branch, seconded by Acuff and passed, that the recommendation of the City Manager that a resolution incorporating into the previous resolution passed by the City Council in support of the establishment of a State Utilities Regulatory Commission, Mayor Hofheinz' proposal discussed at the recent meeting of Texas Municipal League Region 11, be approved to include specific suggestions made by the Council (City Manager's Reports "ff"). City Manager Townsend presented the pending item of Mr. Tim Clower for change of zoning from "I-2"to "B-4" on approximately 3.5 acres located on the east side of Navigation Boulevard between I.H. 37 and Savage Lane, heard by the Council on January 29, 1975 and approved. He explained that the ordinance was not passed because a legal description was needed, and the applicant has since advised that he wiaha' tt, withdraw the application. He advised that the Metter ie Fnhaiaered terminated and no longer before the Council. Mr. Pete Null, attorney representing Mrs. Irene Roe in the matter of the closing of the 125' x 60' deadend portion of Harrison Street which lies adjacent .iinutes Regular Council Meeting April 2, 1975 Page 9 to Lot 64, Block 608, Port Aransas Cliffs, and deadends against Lots 1 and 2, Block 7, Resthaven Subdivision, spoke in opposition to the ordinance closing this street being presented on an emergency. He also spoke on behalf of his client in opposition to the City's proposal to convey a portion of this surplus City property on a negotiated contract instead of putting it up for bids. Mr. Null stated there are two people interested in it instead of one, and the matter will be settled in court. He stated it should remain a street. City Manager Townsend explained that the tract of land of which Mr. Null refers will be less than 6,000 square feet after the street is closed, and there is a provision in the state law which prohibits the sale of this kind of a remnant. He explained there would be no way the buyer could legally use the land, and could come back to the Board of Adjustment and say he should be able to build a house on it. Mr. Townsend advised Mr. Null that the City's Legal Department would work with him on his suggestion that deed restrictions be placed on the land. He also stated there would be no objection to presenting the proposed ordinance on a three reading basis. Motion by Branch, seconded by Acuff and passed, that the Regular Meeting be recessed to hold the public hearings on two zoning matters scheduled for 3:30 p.m. * * * * * * The Regular meeting was reconvened at 4:I5 p.m. and Mayor Luby announced the opening of bids scheduled for 4 p.m. on the City's one-half interest in minerals underlying Lots 9 and 10, Section 21, Flour Bluff and Encinal Farm and Garden Tracts at the corner of Rodd Field Road and Yorktown Boulevard. City Secretary Read reported that he had received two bids at 3:42 p.m. iPurchasing Agent_T;_IL Jarvis opened and read'the bid submitted by The bid of Tejas Corporation was withdrawn by a representative in the audience constituting a no bid from this firm. Motion by Acuff, seconded by Lozano and passed, that the recommendation of the City Manager be concurred in and the City's one-half interest in minerals underlying Lots 9 and 10, Section 21, Flour Bluff and Encinal Farm and Garden Tracts at the corner of Rodd Field Road and Yorktown Boulevard, be awarded to Davis Oil Company, the only bidder on the proposal. City Manager Townsend presented and discussed ordinances listed on the agenda. 'Ainutes :gular Council Meeting April 2, 1975 Page 10 ORDINANCE NO. 12568 THIRD READING OF AN ORDINANCE GRANTING AN EXTENSION OF 90 DAYS TIME TO COMPLETE TRANSFER OF THE CABLE TELEVISION FRANCHISE FROM ATHENA CABLEVISION, INC. TO CABLEVISION CORPORATION OF CORPUS CHRISTI, INC., WHICH TRANSFER WAS AUTHORIZED BY ORDINANCE NO. 11914, PASSED AND APPROVED ON FEBRUARY 13, 1974, AND EXTENDED BY ORDINANCE NO. 12239 FOR ANOTHER PERIOD OF 180 DAYS, AND FURTHER EXTENDED BY ORDINANCE NO. 12505 FOR ANOTHER PERIOD OF 30 DAYS; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. 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 Stork, present and all voting "Aye." ORDINANCE NO..'12569 THIRD READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JAMES O. RUSCITTO CONCERNING LEASE OF TRACT 5 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE NORTHEAST SIDE OF THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A RESTAURANT, BOAT DOCK WITH _ .. . BOAT SLIPS, FUEL SERVICE AREA, AND BAIT AND FISH STAND, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and all voting "Aye." ORDINANCE NO, 12570 THIRD READING OF AN ORDINANCE ADOPTING THE NATIONAL ELECTRICAL CODE, 1975 EDITION; MAKING IT UNLAWFUL TO UNDERTAKE THE INSTALLATION ')F ELECTRICAL EQUIPMENT WITHOUT A PERMIT THEREFORE, EXCEPT AS OTHER- WISE PROVIDED; ESTABLISHING INSPECTION PERMIT FEES; ESTABLISHING INSPECTION DUTIES AND AUTHORITY; ADOPTING CERTAIN OTHER REGULATIONS; PROVIDING PENALITIES FOR VIOLATION; REPEALING ORDINANCE NO. 10832, AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and all voting "Aye." ORDINANCE NO, 12571 THIRD READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT, GRANTING CANDY STICK CORPORATION, DEVELOPERS OF CAROLYN HEIGHTS SUBDIVISION, PERMISSION TO CONSTRUCT A SIGN, IDENTIFYING THE SUBDIVISION WITHIN THE PUBLIC RIGHT-OF-WAY OF CARAVELLE PARKWAY, AT ITS INTERSECTION WITH WEBER ROAD, A COPY OF WHICH REVOCABLE EASEMENT, IN SUBSTANTIALLY THE SAME FORM, IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. Minutes sgular Council Meeting ,pril 2, 1975 Page 11 The foregoing ordinance was read for the third time and passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo -Gonzalez, Lozano and Stark, present and voting "Aye;" Luby voting "Nay." ORDINANCE NO. 12572 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDIN4 NCE AND RESOLUTION RE- CORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF DAVID M. COOVER, TRUSTEE BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 9 AND 10 SEC. 38, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "F -R" FARM -RURAL DISTRICT TO "R -1B" ONE FAMILY DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano, Stark and Luby present and voting "Aye." ORDINANCE NO. 12573 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND DAVIS OIL COMPANY 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 LOTS 9 AND 10, SECTION 21, FLOUR BLUFF & ENCINAL FARM AND GARDEN TRACTS, AND BEING FOR A PRIMARY TERM OF THREE (3) YEARS, COMMENCING WITH THE DATE OF EXECUTION OF THE SAID OIL AND GAS LEASE, A COPY OF WHICH, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A," IS MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by -the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano, Stark and Luby all present and voting "Aye." ORDINANCE NO. 12574 APPROPRIATING OUT OF THE NO. 250 SANITARY SEWER BOND FUND $75,000, OF WHICH $49,959 IS FOR A SLUDGE INJECTION SYSTEM TO BE SUPPLIED BY MAPHIS/BRISCOE COMPANY; $10,099 FOR A SLUDGE INJECTION PUMP TO BE SUPPLIED BY SOUTHERN ENGINE AND PUMP COMPANY; AND $14,942 FOR VARIOUS PIPING AND FITTINGS NECESSARY FOR TRANSPORTING THE SLUDGE FOR INJECTION, ALL APPLICABLE TO PROJECT NO. 250-70-81, O5O SEWER PLANT - SLUDGE HANDLING EXPANSION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano, Stark and Luby all present and voting "Aye." Minutes Regular Council Meeting April 2, 1975 Page 12 ORDINANCE NO. 12575 APPROPRIATING OUT OF THE NO. 250 SANITARY SEWER BOND FUND $69,294 FOR WASTEWATER COLLECTION SYSTEM MAINS AND LATERALS, OF WHICH $66,794 IS APPLICABLE TO PROJECT NO. 250-72-13, HORNE ROAD SANITARY SEWER REPLACEMENT -PORT AVENUE TO AYERS STREET; AND $2,500 IS APPLI- CABLE TO PROJECT NO. 250-72-14, AUDITORIUM SANITARY SEWER LATERAL RELOCATION; AUTHORIZING REIMBURSEMENT OF THE 109 WASTEWATER SERVICES FUND FOR ALL AMOUNTS ADVANCED AND TO BE ADVANCED FOR LABOR AND MATERIAL FOR THE AFORESAID PROJECTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Bunch, Tom Gonzales, Ricardo Gonzalez, Lozano, Stark and Luby all present and voting "Aye." ORDINANCE NO. 12576 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED CONTRACT WITH THE COUNTY OF NUECES FOR SPONSORSHIP OF THE NUECES COUNTY MENTAL HEALTH -MENTAL RETARDATION PROGRAM, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A," AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano, Stark and Luby all present and voting "Aye." RESCLUTION NO. 12577 CONFIRMING THE APPOINTMENT OF TERRY R. DOPSON TO THE OFFICE OF DIRECTOR OF PARK AND RECREATION BY THE CITY MANAGER, PURSUANT TO CITY CHARTER ARTICLE III, SECTION 3; AND DECLARING 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 voting "Aye;" Luby voting "Nay." ORDINANCE NO. 12578 APPROPRIATING $57,000 OUT OF THE NO. 230 BRIDGE BOND FUND FOR THE CITY - NAVIGATION DISTRICT-NUECES COUNTY SHARE FOR THE COST OF REMOVAL OF RAILROAD TRESTLE IN NUECES BAY CONTINGENT UPON APPROVAL OF THE GOVERNING BODIES OF THE COUNTY OF NUECES AND THE NAVIGATION DISTRICT OF SETTLEMENT OF LITIGATION, HEREIN MORE FULLY DESCRIBED, RELATING TO THE REMOVAL OF SAID RAILROAD TRESTLE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano it Stark and Luby all present and voting "Aye." Ainutes ,<egular Council Meeting April 2, 1975 Page 13 ORDINANCE NO. 12579 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED CONTRACT WITH NUECES COUNTY MENTAL HEALTH AND MENTAL RETARDATION COMMUNITY CENTER, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; REAPPROPRIATING $48,885 FROM THE GENERAL ' RESERVE FUND TO PROVIDE FUNDS TO COVER ONE-HALF OF THE EXISTING DEFICIT OF THE SAID NUECES COUNTY MENTAL HEALTH AND MENTAL RETARDATLON COMMUNITY CENTER AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano, Stark and Luby all present and voting "Aye." ORDINANCE NO. 12580 CLOSING AND ABANDONING ALL RIGHT OF WAY BEYOND 50 FEET IN A GENER- ALLY WESTERLY DIRECTION FROM THE CENTERLINE OF OCEAN DRIVE WHICH ABUTS LOTS 1 THROUGH 4, SOUTH SHORE PLACE, AND PARTICULARLY RESERVING THE l0 -FOOT STRIP, MORE PARTICULARLY DESCRIBED HEREINAFTER; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano, Stark and Luby all present and voting "Aye." ORDINANCE NO. 12581 AMENDING THE CITY BUDGET; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH LEOPARD CONSTRUCTION COMPNAY, INC., FOR THE MC GEE BEACH SANDFILL IMPROVEMENTS; APPROPRIATING $33,954 OUT OF THE NO.291 PARK BOND FUND, OF WHICH $32,760 IS FOR THE CONSTRUCTION CONTRACT AND $1,194 IS FOR INCIDENTAL AND RELATED EXPENSES, ALL APPLICABLE TO RROJECT NO. 291-72-1; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano, Static and Luby all present and voting "Aye." ORDINANCE NO. 12582 AMENDING THE CITY BUDGET; AUTHORIZING EXECUTION OF CHANGE ORDER NO. 1 IN THE AMOUNT OF $7,000 TO THE CONTRACT WITH THE GOLDSTON COM- PANY, INC., IN CONNECTION WITH THE MC GEE BEACH IMPROVEMENTS PRO- JECT, SAID CHANGE ORDER BEING FOR THE RELOCATION OF APPROXIMATELY 2000 CUBIC YARDS OF SAND, AS SET FORTH IN THE CHANGE ORDER, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; APPROPRIATING $7,000 OUT OF THE NO. 291 PARK BOND FUND APPLICABLE TO PROJECT NO. 291-72-1; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the lutes negular Council Meeting April 2, 1975 Page 14 following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano, Stark and Luby, all present and voting "Aye". ORDINANCE NO. 12583 AMENDING THE CITY BUDGET; APPROPRIATING $10,396 OUT OF THE NO. 295 STORM SEWER BOND FUND APPLICABLE TO PROJECT NO. 295-72-16 TO REIMBURSE NUECES COUNTY FOR THE COST OF OVERSIZING A PORTION OF THE DRAINAGE OUT -FALL SYSTEM WHICH IS TO SERVE THE NUECES COUNTY COURTHOUSE COMPLEX, SAID OVERSIZING TO PERMIT ABANDONMENT OF AN OLD LINE WHICH CROSSES PRIVATE PROPERTY AND TO PROVIDE DRAINAGE FOR THE CARRIZO STREET AREA; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NUECES COUNCY, AND SUCH OTHER INSTRUMENTS AS MAY BE NECESSARY TO ACCOMPLISH SAID CONSTRUCTION; 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, all present and voting "Aye". ORDINANCE NO. 12584 AMENDING ORDINANCE NO. 12517, PASSED AND APPROVED BY THE CITY COUNCIL ON MARCH 5, 1975, SO AS TO AMEND SECTION 2 THEREOF; APPROPRIATING AND RE - APPROPRIATING A TOTAL OF $198,350, OF WHICH $20,984 IS OUT OF THE NO. 121 GENERAL REVENUE SHARING FUND TO SUPPLEMENT $177,366 OUT OF THE NO. 124 GENERAL REVENUE SHARING FUND; KEEPING IN EFFECT ALL OTHER PROVISIONS OF SAID ORDINANCE NO. 12517; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vole: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, all present and voting "Aye". ORDINANCE NO. 12585 AMENDING THE ORDINANCE ADOPTING THE 1974-75 BUDGET BY INCREASING ESTIMATED GAS REVENUE FUND BY $1,463,453 AND INCREASING APPROPRIATIONS FOR GAS PURCHASES BY $1,463,453 IN ORDER TO ADJUST APPROPRIATIONS FOR GAS PURCHASES AS REFLECTED IN THE PROJECTED SCHEDULE FURNISHED BY LO-VACA GATHERING COMPANY, ALL AS MORE FULLY SET FORTH HEREINAFTER; 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, all present and voting "Aye". Minutes Regular Council Meeting April 2, 1975 Page 15 ORDINANCE NO, 12586 AMENDING THE CITY BUDGET; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MATHIEU ELECTRIC COMPANY, INC., FOR CONSTRUCTION OF THE H. E. B. TENNIS CENTER LIGHTING IMPROVEMENTS; APPROPRIATING AND REAPPRO- PRIATING $50,000 OUT OF THE NO. 102 GENERAL FUND RESERVE ACCOUNT, OF WHICH $47,826 IS FOR THE CONSTRUCTION CONTRACT AND $2,174 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. 12587 AMENDING THE CITY BUDGET, AUTHORIZING EXECUTION OF CHANGE ORDER NO. 3 IN THE AMOUNT OF $2,176 TO THE CONTRACT WITH WILLIAM J. SHAW, BUILDER, FOR CONSTRUCTION OF THE SENIOR CITIZENS COMMUNITY CENTERS AND LINDALE PARK IMPROVEMENTS, SAID CHANGE ORDER TO PROVIDE FOR IMPROVEMENT OF LIGHTING FACILITIES FOR THE SOFTBALL FIELD LOCATED IN LINDALE PARK, ALL AS MORE FULLY SET FORTH IN THE CHANGE ORDER, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF; APPROPRIATING $2,176 OUT OF THE NO. 111 TRUST FUND, ACCOUNT NO. 1757, FOR SAID ADDITIONAL WORK; 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. 12588 AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE A:QUISITION OF PARCEL 29-A FOR THE SOUTH STAPLES STREET IMPROVEMENT PROJECT; APPROPRIATING OUT OF THE 220 STREET BOND FUND $616.50, OF WHICH AMOUNT $515 IS FOR LAND ACQUISITION AND $101.50 IS FOR INCIDENTAL COSTS RELATED TO CLOSING OF THE PURCHASE OF THE AFORESAID PARCEL, ALL APPLICABLE TO PROJECT NO. 220-70-107; 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. 12589 AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL NO. 10 FOR THE HORNE ROAD -NAPLES TO COLUMBIA STREET IMPROVEMENT PROJECT; APPROPRIATING OUT OF THE 220 STREET BOND FUND $8005.00 OF WHICH AMOUNT $7,843.00 IS FOR LAND ACQUISITION AND $162.00 IS FOR INCIDENTAL COSTS RELATED TO CLOSING OF THE PURCHASE OF THE AFORESAID PARCEL, ALL APPLICABLE TO PROJECT NO. 220-70-111; AND DECLARING AN EMERGENCY. .,Ai nutes Regular Council Meeting April 2, 1975 Page 16 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, all present and voting "Aye". ORDINANCE NO. 12590 AMENDING THE CITY BUDGET; APPROPRIATING THE SUM OF $79,549.30 AS FOLLOWS: $ 341.69 from No. $53,293.70 from No $ 5,552.85 from No. $17,551.56 from No. $ 1,861.72 from No. $ 947.78 from No. 207 Public Building Fund, . 220 Street Bond Fund, 250 Sanitary Sewer Bond Fund, 291 Park Bond Fund, 292 Marina Bond Fund, 295 Storm Sewer Bond Fund, TO SUPPLEMENT $30,093.13 REMAINING FROM FUNDS PREVIOUSLY APPROPRIATED FOR CONTINGENCIES AND INCIDENTAL EXPENSES APPLICABLE TO VARIOUS PROJECTS AS SHOWN ON THE ATTACHED TABULATION, MARKED EXHIBIT "A", WHICH IS MADE A PART HEREOF; AUTHORIZING REIMBURSEMENT OF $109,642.43 TO THE NO. 102 GENERAL FUND FOR ENGINEERING SERVICES PROVIDED DURING THE PERIOD OF AUGUST 1, 1974, THROUGH OCTOBER 31, 1974; 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, all present and voting "Aye". ORDINANCE NO. 12591 AUTHORIZING THE CITY MANAGER TO EXECUTE A PIPELINE CROSSING LICENSE AGREEMENT WITH MISSOURI PACIFIC RAILROAD COMPANY WHEREBY THE CITY WILL INSTALL AND CONSTRUCT A 15 -INCH SANITARY SEWER LINE CROSSING RAILROAD RIGHT-OF-WAY 712 FEET NORTH OF MILE POST 147, ENGINEER'S CHAINAGE STATION 7768+ 72, AS SHOWN ON THE MAP WHICH IS PART OF SAID LICENSE, A SUBSTANTIAL COPY OF WHICH LICENSE IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; APPROPRIATING $100 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, APPLICABLE TO PROJECT NO. 250-72-5, FOR FEES IN CONSIDERATION FOR SAID PERMIT; 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, all prdodrrl €rut vomit' "Aye". ORDINANCE NO. 12592 AMENDING THE BUDGET OF THE CITY OF CORPUS CHRISTI FOR THE FISCAL YEAR 1974- 1975 BY CANCELLING $ 369,332 OF THE ORIGINAL $ 493,468 APPROPRIATION FROM THE FIFTH REVENUE SHARING ENTITLEMENT PERIOD FOR THE SUPPORT OF THE TRANSIT FUND; REAPPROPRIATING $369,332 TO THE FIFTH REVENUE SHARING ENTITLEMENT PERIOD Minutes Regular Council Meeting April 2, 1975 Page 17 RESERVE; APPROPRIATING $ 369,332 FROM THE GENERAL FUND UNAPPROPRIATED SURPLUS FOR A WORKING CAPITAL ADVANCE TO THE TRANSIT FUND PENDING RECEIPT OF A TRANSIT SYSTEM OPERATIONAL GRANT FROM THE URBAN MASS TRANSPORTATION ADMINISTRATION; 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, all present and voting "Aye". RESOLUTION NO. 12593 AUTHORIZING EXPENDITURE OF FUNDS IN CONNECTION WITH APPLICATION FOR BLOCK GRANTS FOR THE PURPOSE OF INITIATING MANAGEMENT PROCEDURES AND PREPARATION FOR THE IMPLEMENTATION OF THE COMMUNITY DEVELOPMENT PRO- GRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, all present and voting "Aye". ORDINANCE NO. 12594 AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT OFFER AND ACCEPTANCE AND SUCH OTHER DOCUMENTS AS MAY BE NECESSARY FOR THE ACCEPTANCE OF A GRANT FROM THE DEPARTMENT OF HEALTH, EDUCATION AND WELFARE THROUGH THE TEXAS STATE DEPARTMENT OF HEALTH FOR A HILL -BURTON GRANT, PROJECT NO. TEX 585-585d, FOR THE CORPUS CHRISTI PUBLIC HEALTH CENTER; 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, all present and voting "Aye". RESOLUTION NO. 12595 DECLARING THAT $15,000 SHOULD BE PROVIDED TO ESTABLISH AN OIL SPILL TRAINING SCHOOL; AUTHORIZING THE CITY MANAGER TO NOTIFY TEXAS A & I UNIVERSITY AND FEDERAL AGENCIES; ENCOURAGING FUTURE CITY COUNCILS TO APPROPRIATE MONIES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gangalex, Loon end Stark, all present and voting "Aye". iinutes Regular Council Meeting April 2, 1975 Page 18 ORDINANCE NO. 12596 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT TERMINATING THE PRIMARY AGREEMENT WITH THE NAVIGATION DISTRICT AND NUECES COUNTY OVER THE BASCULE BRIDGE REMOVAL AND RELOCATION PROJECT, AND CONVEYING SURPLUS LANDS NORTH OF UP RIVER ROAD TO THE NAVIGATION DISTRICT AND MAINTAINING OWNERSHIP OF ALL SURPLUS LANDS SOUTH OF UP RIVER ROAD, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL 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, all present and voting "Aye". RESOLUTION NQ. 12597 RESOLUTION EXPRESSING THE CONSENSUS OF THE CITY COUNCIL CONCERNING ESTABLISHMENT OF A PUBLIC UTILITIES COMMISSION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby present; Stark abstained. ORDINANCE NO. 12598 AMENDING THE CITY BUDGET; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH LAMBERT & FONDREN, INC. FOR CONSTRUCTION OF THE CORPUS CHRISTI HEALTH CENTER, SAID AUTHORIZATION BEING SUBJECT TO THE CONCURRENCE OF THE DEPARTMENT OF HEALTH, EDUCATION AND WELFARE; APPROPRIATING $1,887,083, OF WHICH $1,841,900 IS FOR THE CONSTRUCTION CONTRACT AND V5,183 IS FOR INCIDENTAL AND RELATED EXPENSES, AND AMENDING ORDINANCE NO. 12431 DATED JANUARY 15, 1975 WHICH PERTAINS TO THE APPROPRIATION OF ADDITIONAL ARCHITECT'S FEES FOR BENNETT, MARTIN & SOLKA, PROJECT ARCHI- TECTS, BY REDUCING THE FEES APPROPRIATED BY $2,816, FROM $78,000 TO $75,184, ALL APPLICABLE TO PROJECT NO. 207-72-3; 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, all present and voting "Aye". mutes Regular Council Meeting April 2, 1975 Page 19 City Secretary Read stated that according to his tabulation, all ordinances voted upon had passed with votes as noted. The Council engaged in further discussions of the ordinance confirming the appointment of Mr. Terry R. Dopson to the office of Director of Park and Recreation and it was suggested that perhaps the ordinance should be on a three reading basis. City Manager Townsend stated he was aware of the problems involved, but explained that a delay of two weeks placed the applicant in a difficult position of notifying his superior of his termination date. He also pointed out that there had been only six local applicants for this position. Mayor Luby spoke in opposition to the employment of someone from another city, commenting that there are 220,000 people in this City and there must be some- one here who can fill that position. He first'stated he would not declare the ordi- nance an emergency but after an informal poll of the Council it was indicated their approval of final action be fore the moratorium, he agreed to declare the ordinance an emergency but requested that the records show that the move was "strictly because of majority opinion but against my wishes." Mayor Luby presented the Council with Ordinance No. 12547, unsigned, authorizing a contract for the construction of the Community Auditorium, which ordinance was approved by majority vote of the Council on third reading March 26, 1975. He read a letter dated April 2, 1975 Which constitutes his veto of Ordinance No. 12547, which letter is attached to the ordinance and made of record in the Office of the City Secretary. In substance, Mayor Luby's veto was based on his feeling that the auditorium, if built as originally planned, is going to cost approximately $1 million more than the $4.4 million made available for the project in a 1972 bond elsction. He stated he was in favor of an auditorium as originally planned, but because of inflation, the project is entirely different from the one the residents voted for and stated it should be resubmitted to the people after the approaching election and in an atmosphere clear of political tension. Motion by Branch, seconded by Ricardo Gonzalez and passed, with Mayor Luby voting "Nay", that the Council override the Mayor's veto and Ordinance No. 12547 declared be approved and adopted. Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Tim Gonzalez,member of the Park and Recreation Board, appeared and protested the action of the Council of March 26, granting the Art Community Center permission to move an additional building next to the existing Centennial Building in South Bluff Park. He pointed out the additional cost to the taxpayers in utility Minutes Regular Council Meeting April 2, 1975 Page 20 bills, janitor's fees, installation of sewer lines and restroom facilities. He stated he had already been contacted by three other organizations for permission to use public parka for private purposes. He pointed out that the Park Board rejected the proposal on the basis that it would set a precedent and was not in the public interest to reduce the open spaces provided in public parks. He further pointed out that the constituents of these organizations represent only a small segment of our society. Commissioner Gonzalez responded by saying this type of activity proposed by the Art Community Center is of interest to the entire community and especially the cultural education of the children that use the parks. Commissioner Branch commented that so far as establishing a precedent, each case is reviewed individually on its merits. Mr. Dick Swantner, president of the Corpus Christi Tourist and Conven- tion Bureau, expressed appreciation to this Council for their services as Mayor and Councilmen the past two years; also thanked the Council for its support and persistence in bringing to a favorable conclusion the construction of the municipal auditorium. Mayor Luby recessed the Regular Meeting at 5:05 p.m. Acting 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 with representatives of the Padre -Staples Mall regarding a tax litigation matter. The Regular Meeting was reconvened at 6:10 p.m. Motion by Stark, seconded by Ricardo Gonzalez and passed, that the meeting be recessed until 9:00 p.m. pending a report of the Legal Staff of a ruling on an injunction filed by a local contracting firm against the City's awarding a contract for construction of the Corpus Christi Health Center. Acting City Attorney Jim McKibben at this time reported that the law suit had been resolved and the judge's decision was that the restraining order be set aside. City Manager Townsend presented the following recommendation: y. That the contract for the construction of the Corpus Christi Health Center be awarded to Lambert and Fondren in the amount of $1,841,900. The proposed award of the contract is based on the following base bids and alternates: Base Bid - Item A Alternate #1A - Site Lighting Alternate #2A - Landscaping Alternate #3A - Acoustical Ceilings Alternate #5A - Vinyl Wall Coverings $1,748,000 18,500 32,500 6,800 23,300 Minutes Regular Council Meeting April 2, 1975 Page 21 Alternate #6A - Formica Doors Alternate #8A - Asbestos Floor Tile Alternate #9A - Folding Partitions 4,100 2,800 5,900 $1,841,900 An appropriation of $1,887,083 is requested to cover the award of the contract, testing and related expenses. This project is to be partly funded be a $1,000,000 grant from the Hill -Burton program through the Department of Health, Education and Welfare. This award must be subject to HEW and State approval. Motion by Branch, seconded by Stark and passed, that the foregoing recommendation be approved as presented. ORDINANCE NO. 12598 AMENDING THE CITY BUDGET; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH LAMBERT & FONDREN, INC. FOR CONSTRUCTION OF THE CORPUS CHRISTI HEALTH CENTER, SAID AUTHORIZATION BEING SUBJECT TO THE CONCURRENCE OF THE DEPARTMENT OF HEALTH, EDUCATION & WELFARE; APPROPRIATING $1,887,083, OF WHICH $1,841,900 IS FOR THE CONSTRUCTION CONTRACT AND $45,183 IS FOR INCIDENTAL AND RELATED EXPENSES, AND AMENDING ORDINANCE NO. 12431 DATED JANUARY 15, 1975 WHICH PERTAINS TO THE APPROPRIA- TION OF ADDITIONAL ARCHITECT'S FEES FOR BENNETT, MARTIN & SOLKA, PROJECT ARCHITECTS, BY REDUCING THE FEES APPROPRIATED BY $2,816, FROM $78,000 TO $75,184, ALL APPLICABLE TO PROJECT NO. 207-72-3; 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, the fore- going ordinance had passed with votes as noted. Motion by Acuff, seconded by Branch and passed, that the Regular Meeting of April 2, 1975, be adjourned at 6:15 p.m.