Loading...
HomeMy WebLinkAboutMinutes City Council - 05/14/1975. II MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING May 14, 1975 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 City Manager R. Marvin Townsend Acting City Attorney Bob Coffin City Secretary Bill G. Read Mayor.Pro Tem Acuff called the meeting to order in the Council Chamber of the City Hall in the temporary absence of Mayor Luby. The Invocation was given by Commissioner Harold Branch. City Secretary Bill G. Read called the roll of those in attendance. 1 Mayor Pro Tem Acuff announced the issuance of proclamations relative to the following: INTERNATIONAL SHRINE HOSPITAL DAY, Sunday, May 18, 1975; HEARING AND SPEECH MONTH, May, 1975; HEAD START WEEK, May 12 through May 18, 1975; MARITIME DAY, Thursday, May 22,1975; NATIONAL INSURANCE WOMEN'S WEEK, May 18 through May 24, 1975;NATIONAL SUCIDE PREVENTION WEEK, May 18 through May 24, 1975; NATIONAL ACTION FOR FOSTER CHILDREN WEEK, May 18 through May 24, 1975; and LUTAC STATE CONVENTION WEEK, May 12 through May 18, 1975. Mayor Luby reported at the meeting at this time, and called for the City Manager's Reports. City Manager Townsend presented requests and recommendations with comments and explanations as follows: a. That bids be received at 11:00 a.m., Tuesday, June 3, 1975 to furnish all labor, material and equipment to construct two isolation pens at the City Dog Pound, 1111 Navigation Boulevard, for containment of sick animals. b. That the existing utility easements located in Lots 2-R through 7-R and 8 through 40, Block 1, Mid -Town Industrial District, be abandoned subject to the dedication of alternate easements by replatting of these lots. The general location of the area involved is between Bear Lane, Navigation Boulevard, Old Brownsville Road, and Cliff Maus Drive. The owners are replatting the subject property and have requested abandoning the existing utility easements. c. That all traffic control devices in place on May 14, 1975 be ratified as official traffic -control devices. This type of ordinance needs to be passed periodically to insure that all traffic signs and signals are properly authorized and to aid in prosecution of violations. The last such ordinance was passed one year ago. C _.utes Regular Council Meeting May 14, 1975 Page 2 d. That the expiration date of drilling permit #784 issued to Jake L. Hamon be extended from May 18, 1975 to June 20, 1975 because Mr. Ramon has just recently located a drilling rig but the well cannot be drilled before May 18. The Bay Drilling Committee so recommends. This is the second extension of the permit issued to Mr. Hamon approximately a year and a half ago to drill a straight hole to a depth of approximately 10,500' near Ingleside Point on an island created by the dredging of the LaQuinta Ship Channel. Motion by Acuff, seconded by Branch and passed, that the City Manager's reports be accepted, and Items "a" through "d" be approved as presented by City Manager Townsend. City Manager Townsend announced that, subject to the Councilrs approval, he had scheduled a trip this afternoon to Washington D.C. to attend meetings relative to the following: Federal Insurance Administration for HUD status of Flood Plain Zoning Map Appeal; U.S. Conference of Mayors; International City Management Association; Department of Transportation; and Federal Communications Commission. Also, a trip to Amarillo to meet with the Bureau of Reclamation, and to join Mrs. Ruth Gill in some of the meetings at the Mayor and Councilman Seminars. Mr. Townsend furnished the Council with copies of a document containing a report of the decision of the Supreme Court regarding the issue of the constitutionality of requiring property ownership as a prerequisite for voting on bond issues. He stated the actual document of the opinion is expected momentarily. He summarized the report, stating that basically the decision is that this requirement is not constitutional, and the double box system should not be used in future bond elections. He explained that the decision does not clearly address itself to the Corpus Christi lase, but he considers the decision as favorable so far as the City being able to sell the MunicipalCivic Center Bonds approved by a majority of voters in the 1972 Bond Election. He stated it probably would be at least two months before final action'on Corpus Christi bonds is received. Motion by Branch, seconded by Acuff and passed, that the tabled matter of the request by CATV franchise holders to be allowed to transmit the local stations off -channel, be removed from the table. A public hearing was held January 8, 1975. City Manager Townsend placed before the Council a memorandum setting forth the Staff's recommendation regarding the off -channel transmission request and reviewed the status of the franchise. He stated it is recommended that the Council find by Minutes Regular Council Meeting May 14, 1975 Page 3 ordinance that it is technically and economically not feasible for CATV to continue to carry VHF stations located in Nueces County on their present channel designations on the cable based on: (1) the information submitted by the franchise holder at the public hearing on January 8, 1975; (2) the study by Mr. Thomas A. Wright of A. Earl Cullum, Jr., and Associates transmitted to the Council on April 11, 1975; and (3) the supplemental assurances and financial information transmitted with this memorandum. In summary, the consultant's report indicated that the company had: (1) arranged some additional financing; (2) the existing interest obligations of the franchise holder are almost equal to gross system revenues; (3) the franchise ownership question seems to be stabilized; and (4) the company has provided an extension timetable, even though it is probably not satisfactory. Attached to Mr. Townsend's memorandum, along with other information, was a copy of a memorandum dated April 22, 1975 to the Legal Department with recommended procedures set forth. He stated it appears that the franchise holder is proceeding in good faith to comply with these procedures, and since the City will continue to have the right to notify the franchise holder of a default condition at any time, it was his opinion that it is timely to take those steps necessary to enable the franchise holder to attract new customers, better serve existing customers, and become financially sound. He recommended prompt action stating any delay could endanger the very existence of the cable service. Motion by Ricardo Gonzalez, seconded by Acuff and passed, that an ordinance be brought forth finding that it is not technically or economically feasible for CATV to carry VHF TV stations.. on their present channel number designations. Commis- sioners Tom Gonzales and Lozano voted "Nay". Mr. Jerry Jackson, General Manager of Athena Cavlevision, urged immediate action to resolve the issue in order to avail the subscribers of a better quality picture transmission based on the consultant's findings. He discussed the proposed converter as opposed to the switch, stating it would cost the customer $41.00 per unit. Mr. Bob White, Vice President and Station Manager of KIII-TV, spoke in opposition to the request for off -channel designations, stating he felt Channels 3, 6 anc 10 have every right to remain as presently designated. He stated that because the company does not want to spend the money to correct the ghosting problems complained of, the other stations are becoming the "fall guys". He pointed out that the cable system is feeding off the other channels and the total.concept is unfair to local stations. Minutes Regular Council Meeting May 14, 1975 Page 4 Mr. Bill Carter, Operations Manager of Channel 10, speaking on behalf of Mr. Vann M. Kennedy, stated the cablevision company should bear the cost of the individual converters to assure good transmission to its customers. He pointed out that the cost would not be as great as had been estimated because all customers would not want or need them, and also pointed out that a switch is available for a retail price of $9.00 and would cost the cable company approximately $5.00. He stated the local channels are established and identified by their channel numbers and the networks and advertisers pay them on that basis. Mr. Williams Cunningham, -speaking as a stockholder in the CATV company, explained that the Federal Communications Commission had made a request that they make certain changes in the franchise and there had been no attempt to mislead anyone, but they must give the public service under the rules of the FCC or their license will be revoked. He pointed out that the entire issue should revolve around the subscriber who is entitled to receive the best picture possible. He stated the cost of the switch has increased in cost and does not do the work for which it is intended. Mr. White, in rebuttal, stated they also serve the public, not because they are required to but because they want to and because it is their livelihood. Mrs. Elizabeth Price, resident in the Annaville Area, stated she enjoyed cablevision and critized the other stations' type of programs. .A local Cablevision subscriber in the audience stated the primary objective should be for the benefit of the public and not for the TV stations or the cable company. He pointed out that the City had spent money for the services of a consultant, the consultant had rendered his opinion, and did not understand why there is a problem. He pointed out that of the 23,000 subscribers, perhaps 18,000 of those have had their connections cancelled but a determination had not been made why they had cancelled. City Manager Townsend departed the meeting at this time, and Assistant City Manager Archie Walker presented the following ordinances: FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED BY AMENDING SECTION 21-131, PARKING METER ZONES ESTABLISHED, BY AMENDING SUBSECTION (a), METER ZONE NO. 1, SO AS TO DELETE ITEM (5), UPPER BROADWAY - BLUCHER STREET TO LIPAN STREET, AND ADDING TO SUBSECTION (c), METER ZONE NO. 3, THE STREET, UPPER BORADWAY - BLUCHER STREET TO LIPAN STREET; AMENDING SECTION 21-155, SCHEDULE III, "PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS", BY ADDING THERETO AN ITEM TO THE EFFECT OF PROHIBITING PARKING AT ALL TIMES ON THE EAST SIDE OF NORTH TANCAHUA STREET, FROM A POINT 190 FEET NORTH OF MESVNA STREET TO A POINT 225 FEET NORTH OF LIPAN STREET; PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting ,May 14, 1975 Page 5 The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12611 THIRD READING OF AN ORDINANCE AMENDING ORDINANCE NO. 4168, THE PLATTING ORDINANCE AS AMENDED FROM TIME TO TIME, BY AMENDING SECTION IV, DESIGN STANDARDS, BY DELETING THE PRESENT PARAGRAPH G, AND IN LIEU THEREOF, ADDING A NEW PARAGRAPH G, LARGE TRACT DIVISION, SO AS TO ALLOW THE DEVELOPMENT OF ONE -ACRE OR MORE LOTS IN THE "RE" ZONING DISTRICT WITHOUT CURBS, GUTTERS AND SIDEWALKS, AND MODIFYING OTHER SUBDIVISION DEVELOPMENT STANDARDS THEREFOR; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12612 AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY REPEALING SECTION 21-44 AND ADOPTING NEW SECTION NUMBERED 21-44 SO AS TO RATIFY, CONFIRM AND DECLARE TO BE OFFICIAL ALL TRAFFIC CONTROL DEVICES INSTALLED AND IN SERVICE AT THE EFFECTIVE DATE OF THIS ORDINANCE AND SUCH INSTALLATIONS AS ARE AUTHORIZED BY THE CITY COUNCIL AND INSTALLED; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND DECLAR- ING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12613 CLOSING AND ABANDONING THE EXISTING UTILITY EASEMENTS LOCATED IN LOTS 2-R THROUGH 7-R and 8 through 40, Block 1, MID -TOWN INDUSTRIAL DISTRICT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE REPLATTING OF THESE LOTS AND THE DEDICATION OF ACCEPTABLE ALTERNATE EASEMENTS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". Mayor Luby stated that an informal poll of the Council had indicated that the CATV ordinance should be placed on a three -reading basis and therefore, he would not declame it to be an emergency. FIRST READING OF AN ORDINANCE FINDING THAT ITIS NOT TECHNICALLY OR ECONOMICALLY FEASIBLE FOR THE CATV FRANCHISE GRANTEE TO CAR8T LOCAL VHF TELEVISION STATIONS ON THE CATV SYSTEM ON THEIR PRESENT CHANNEL NUMBER DESIGNATIONS; IMPOSING CERTAIN CONDITIONS ON THE GRANTEE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the,firet time and passed to its second reading by the following vote: Luby, Acuff, Branch and Ricardo Gonzalez, present and voting "Aye"; Stark, Tom Gonzales and Lozano, voting "Nay". Ai •Regt.__r Council Meeting 'May 14, 1975 Page 6 Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. No one appeared. There being no further business to come before the meeting, motion by Acuff, seconded by Lozano and passed, that the meeting be adjourned at 3:30 p.m., May 14, 1975.