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.
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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.
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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
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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.
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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.
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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".
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•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.