HomeMy WebLinkAboutMinutes City Council - 10/22/1975MINUTES
CITY OF CORPUS CHRISTI, TEXAS
' REGULAR COUNCIL MEETING
OCTOBER 22, 1975
2:00 P.M.
PRESENT:
Mayor Jason Luby
Mayor Pro Tem Tipton
Commissioners: -
Eduardo de Ases City Manager R. Marvin Townsend
Ruth Gill Acting City Attorney Michael May
Bob Gulley City Secretary Bill G. Read
• Gabe Lozano, Sr.
*Edward Sample •
Mayor Jason Luby called the meeting to order.
The Invocation was given by Reverend Bob Calvert of First Church of the
Nazarene.
City Secretary Bill Read called the roll of those in attendance and stated there
was a quorum of the Council and the necessary Charter Officers present to conduct a legally -
constituted meeting.
Mayor Luby announced the issuance of proclamations in his office relative to
• the following: HELP YOUNG AMERICA WEEK, October 26 through November I, 1975 and .
INTERNATIONAL TOASTMISTRESS CLUBS WEEK; October 25 through 31, 1975.
. Mr. Wallace E. Whitworth, Manager of Central Power and Light Company,
reported in compliance with Ordinance No. 12038 that the average delivered cost of fuel to
CP8.L during October, 1975, was 160.32 ($I.6032) per MMBTU.
Commissioner de Ases inquired about the status of the lawsuit with LoVaca.
City Manager Townsend responded that it appears the Railroad Commission will
wait for the lawsuits to proceed and will not act on it.
*Council Member Sample arrived at 2:14 p.m.
City Manager Townsend reported that the City's average price of gas will be
$I .47.7, down 9 I/2r, this month, which would decrease the average residential bill by 34.
He emphasized that this is only a temporary situation.
Mayor Luby announced that they would depart from the scheduled agenda and
next consider Item "n" under City Manager's Reports.
n. -That $7,895,000 of City of Corpus Christi; Texas, Junior Lien Waterworks
System Revenue Bonds, Series 1975, be sold to the Texas Water Development Board with the
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Page 2
proceeds of the sale to be used to pay off $7,105,000 outstanding First Mortgage Waterworks
Revenue Bonds by advance refunding. Proceeds of the sale at an approximate effective interest
rate of 4.1037% will be placed with the existing trustee, Mercantile National Bank at Dallas,
to pay the bonds and interest as they mature.
Motion by de Ases, seconded by Tipton and passed, that Item "n" be granted,
approved and adopted as presented by City Manager Townsend.
ORDINANCE NO. 12860
AUTHORIZING THE ISSUANCE OF CITY OF CORPUS CHRISTI, TEXAS JUNIOR LIEN WATER-
WORKS SYSTEM REVENUE BONDS, SERIES 1975, IN THE AMOUNT OF $7,895,000 TO REFUND
OUTSTANDING BONDS OF THE CITY, PLEDGING CERTAIN REVENUES OF THE CITY'S
WATERWORKS SYSTEM AND ORDAINING OTHER MATTERS RELATING TO THE SUBJECT AND
DECLARING AN EMERGENCY. '
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting
Aye
City Secretary Read stated that the Ordinance voted upon passed unanimously.
Mayor Luby and City Secretary Read were excused from the Council Meeting
at 2:20 p.m. to sign the Ordinance and instruments pertaining to it.
At the request of Commissioner de Ases, City Manager Townsend explained to
the audience the action which the Council had just taken on Item "n" and the necessity for the
urgency on the matter.
Mayor Pro Tem Tipton called for the City Manager's Reports and City Manager
Townsend presented requests and recommendations with related comments and explanations as
fol lows:
a. That a public hearing be held on November 5, 1975 for contractual annexation
of a 38.493 -acre tract of land out of Lots 13, 14 & 15, Section 5, Flour Bluff and Encinal Farm &
Garden Tracts (Flyway Unit II) and a portion of Snowgoose Road (County Road 26-A) along the
south boundary of Flyway Unit II. The area is generally located south of Saratoga and east of
Everhart.
b. That a public hearing be during the Regular Council Meeting at 3:30 p.m.
on November 12, 1975 on the following zoning applications:
I . Mr. Zeke Serra: From "R-2" to "B -I", located on the southeast corner
of Ayers and Fannin Streets.
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Regular Council Meeting
October 22, 1975
Page 3
2. First Savings Association: From "R -IB" to "A-2", located on the
northeast comer of Everhart and Snowgoose Roads.
c. That a public hearing be held on November 12, 1975 to change the name
of Martha Drive between Cantwell Drive and Savage Lane to Savage Lane. Martha Drive
runs from the point where Savage Lane turns north toward 1.H. 37 to Cantwell Drive. Central
Power & Light Company is building a technical center on Martha Drive. The proposed name
change would eliminate any confusion regarding deliveries since another Martha Drive exists
in Flour Bluff just north of the Barney Davis Power Plant.
d. That bids be received at 11:00 a.m., November 11, 1975 for one additional
and one replacement gas-fired swimming pool heaters. The replacement is for the Meadowpark
pool and the additional for Collier pool.
e. That the bid award for 2 - 2,000 gpm return wash water pumps for the
Stevens Filter Plant be made to J & M Mechanical Sales, San Antonio on the basis of low bid
meeting specifications of $17,266. The apparent low bid of $13,400 by Delta Machine Company,
Brownsville, did not meet specifications in that total dynamic head at maximum flow (2,800 gpm)
must be 80' whereas they bid 64'. The apparent low bid of $15,800 by Layne Texas Company,
Houston, was for a pump with a 75 h.p. motor, but the pump curve for the model bid showed a
80 h.p. demand. An alternate bid with a 100 h.p. motor was submitted for $17,407 including a
I% per month maximum escalation until delivery (estimated 3 months). The bid of $17,200 by
South Texas Industrial, Corpus Christi, could not be evaluated because the pump curves submitted
were incorrect for the model bid. The pumps along with the construction of a 350,000 gal.
return wash water holding reservoir and return pumping system will eliminate the discharge of
sediment and wash water into the Nueces River. Bids were received from 7 firms.
f. That the Navy's suggested revisions to the existing fire mutual aid contract
be approved. The proposed changes clarify wording and establish a new beginning date. The
current contract became effective June 10, 1970. The new contract will continue the existing
relationship of each department being available to assist the other with each accepting its own
liabilities and costs.
g. That a contract be approved with Texas A&I University at Corpus Christi
for $15,000 of a $30,000 local match required for the federal grant to establish an oil spill
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Regular Council Meeting
October 22, 1975
Page 4
training school . The other $15,000 will be provided by the Navigation District. The school
will improve the ability of employees of the City and local industry to control, harvest and
R
dispose of oil spills. It is anticipated that about 500 students per year will attend from
throughout the world. The previous Council passed a resolution on April 2, 1975 supporting
the program. The 1975-76 Budget provides $15,000 for this purpose.
h. That authority be granted to execute an amended Title VII Nutrition Program
contract with Jim Wells County providing for the transfer of $3,136 from the purchase of food
to the following line items:
$ 400 -equipment
500 - recreational equipment and supplies
1,500 - building and equipment maintenance
500 -vehicle insurance
236 - building insurance
The modification does not increase or decrease the overall funding of this program. The contract
,terminates November 30, 1975.
i . That the 10' utility easement located between Lots I and 2, Block 4, Roseland
Place between the Crosstown Expressway, Horne Road and Rambler be abandoned. The request
has been circulated through the affected departments. It is only recommended if the property is
first replatted.
j. That the contract for construction of sanitary sewers to Clarkwood, San Juan
and McNorton be awarded to Abacus Corporation for $404,345 and that $425,000 be appropriated
for the contract, engineering and related expenses subject to concurrence by the Texas Water
Quality Board and the'Environmental Protection Agency. The contract includes the connection
of San Juan, Clarkwood and McNorton into the City sanitary sewer system by constructing a
gravity main, force main and lift station. The lateral lines to these subdivisions have previously
been constructed by the City, County and the Federal Department of Housing and Urban
Development.'
k. That the Industrial Waste Ordinance be revised by adding provisions for
issuance of industrial waste discharge permits, for the use of standard value tables for determining
BOD and suspended solids values for calculating industrial waste surcharges, and modify sampling
procedures. This ordinance generally follows provisions established in the model Industrial Waste
Ordinance prepared by the Texas Water Quality Board and will enable the City to meet require='
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Regular Council Meeting
October 22, 1975
Page 5
ments of the May 27 Water Quality Board order that the City enforce an industrial waste
ordinance.
I. That an ordinance be adopted regulating the transporting and discharge
of domestic, industrial and commercial wastes by commercial liquid waste haulers and establishing
disposal fees. There are no City regulations requiring liquid waste haulers to obtain permits,
keep records of types and quantities of waste dumped, and keep equipment in a safe condition
to eliminate spills. Dumping locations for acceptable wastes will be designated by the City.
This ordinance will help meet recent EPA and Texas Water Quality Board requirements. The
proposed ordinance provides:
I. An annual $10 per vehicle permit fee for liquid waste haulers.
2. Inspection of each vehicle to insure that no leakage or spillage can
occur during transport and that discharge hoses are provided to empty
the vehicle.
3. Individual driver certification regarding rules and regulations concerning
hauling and disposal.
4. An indemnity bond and public liability insurance policy.
5. A hauling log book showing dates on which waste was hauled, the quan-
tity and nature of the waste, and the disposal site.
6. A fee of $1.50 per 500 gallons for septic or holding tank wastes disposed
of at municipal treatment plants. Where the sanitary sewer collection
system is not available to a commercial or industrial customer, wastes to
be disposed of does not exceed 10,000 gallons per month for six months,
and the strength does not exceed normal domestic sewage and does not
contain prohibited industrial wastes, the customer will be charged the
same fee as a customer connected to the collection system.
m. . That bids be received at II a.m., Monday, November 10, 1975 for a
12 -month supply (350,000 lbs.) of hydrogen peroxide - 50% concentration - and related storage
tanks to be used for in-line treatment and odor and corrosion control in the Broadway and Westside
system plants and the McArdle trunk main. Optional bids will be taken for 4 injection pumps
and will be compared with bids solicited informally to determine the best price.
Item "n" previously considered.
Item "o" omitted.
p. That Change Order No. 5 to the Community Auditorium be approved for
furnishing hot -dipped galvanized reinforcing steel in lieu of plain reinforcing steel for the
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Regular Council Meeting
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exterior walls of the building. There are 156 exterior pre -cast 5" thick panels to be built
for the exterior walls. Due to the corrosive atmosphere near the water, many future costly
maintenance problems can be eliminated if galvanized steel is used. No additional appropria-
tion is required.
q. - That a resolution be authorized for continuation of the Police Planning and
Research Unit program for one year after completion of Criminal Justice Division funding. The
additional funding period for the City would be September 30, 1976, through September 30, 1977,
at a level of state -federal assistance of approximately $30,000.
r. That a resolution be authorized for the continuation of the Police Department
Youth Bureau for one year after completion of Criminal Justice Division funding. The additional
funding period is from January 1, 1976, through December 31, 1977, at a level of state -federal
assistance of approximately $145,000.
s. That an ordinance be approved authorizing the City Manager to execute
an agreement with the Coastal Bend Council of Governments to provide that they be responsible
for the acquisition of radio equipment and communications towers and the hiring of a consultant
to prepare plans and specifications and supervise the installation of the system. Funds for these
improvements to the Police Communications System are provided by a Criminal Justice Division
grant through the Coastal Bend Council of Governments in the amount of $103,500. On August
13, 1975, the City Council authorized the Council of Governments to purchase the equipment
and provide these services.
t. That a contract be authorized with Nueces County to abate the public health
problem in San Juan Subdivision and related reports and recommendations.
u. That the tax rate for the year 1975 be reduced 4 cents per $I00 assessed
valuation from $1.58 to $I .54.
City Manager Townsend described in more detail Items "q" through "t" because
the Council had not had an opportunity to review those Items during the Workshop Meeting held
that morning.
Relative to Items "q" and "r", City Manager Townsend added that it would be
the City's intention to carry those programs forward each year and to appropriate the monies
for them; but that technically a firm commitment for the program to be carried out at this level
next year cannot be made unless the monies are actually appropriated.
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Regular Council Meeting
October 22, 1975
Page 7
Commissioner de Ases requested information regarding both programs that would
bring him up-to-date on them and inform Mm as to what had been accomplished through them
so far.
City Manager Townsend stated he would provide this data.
(Mayor Luby returned to the Meeting at 2:45 p.m.)
Concerning the foregoing Item "t", City Manager Townsend summarized the San
Juan situation and informed the Council that the County has made available $25,000 to the
City to assist in the abatement of this nuisance. He explained that signature loans through the
Farmers Home Administration with a I% interest rate will be available for the people in the San
Juan area and that he felt most of the people will be able to qualify for these loans; and that
the City will be able to make loans at the usual wastewater interest rate of 5 I/4% to those homes
that do not qualify for FHA financing. He explained that the payments could be stretched out
from five years to as long as ten years in hardship cases, although the usual length of time for
repayment on a sewer connection is two years. He reported that nonpayment on these loans has
not been a problem in the history of the City because the City has the right to disconnect the
utilities in such case.
City Manager Townsend also stated that the Nueces County Fresh Water Supply
District #I which was Clarkwood has now been abolished; that the City became the owner of that
water system and its assets, which totaled approximately $22,000. He proposed that half of that
money be allowed to remain in the City's water system and be available for improvements and
the remaining $11,000 be added to the $25,000 to be received from the County and used as a
revolving fund to be utilized whenever there was a health hazard which would justify financing
of this type.
City Manager Townsend pointed out that while the City was in the trustee
relationship with San Juan, those people were being charged the same as homes inside the
City limits; but that after the sewer connections are made the people will have to be treated
without discrimination which will mean they will be charged outside rates, which will be
higher. He added that the water system has been checked out very thoroughly in the San Juan
subdivision and there is no problem.
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Regular Council Meeting
October 22, 1975
Page 8
Mayor Luby requested a written report stating that the staff has checked the
water lines in San Juan and there is no danger to anyone from contamination; that he felt the
water lines in that area need to be inspected.
City Manager Townsend responded that no water is delivered anywhere within
the City at any time that is not safe.
Mayor Luby repeated that he felt the plumbing should be checked.
City Manager Townsend explained that it has been the policy in the past in the
connection of an existing facility to the City sewer, it is assumed to be a transfer of utilities
and the City does not inspect beyond the point that the connection is being made; that the people
in San Juan are fearful of tying onto the sewer for that reason, because the inspector will come
into their house. Therefore, the City will take the connection as is and allow them into the
City sewer system, which he felt would be better than their having none at all . He reported
that they would check the water lines outside for pressure and things like that.
• Commissioner de Ases inquired if the City Manager would bring a recommendation
to the Council next week involving a survey of areas within the City limits that are in need of
similar assistance in connections to the sewer line. -
Ci ty Manager Townsend responded that over 5,000 homes are available to City
sewer lines that are not connected; that the only cases being forced to connect are those that
the sanitary irspectors actually determine to be a hazard; for example, when a private system
breaks down and overflows and cannot be corrected.
Commissioner de Ases requested a report from Dr. Metzger or some other member
of the staff regarding the number of infectious hepatitis cases reported in San Juan and the
treatment given.
On behalf of the Council, Mayor Luby thanked the City staff and crews for the
many hours they have put in to remedy the situation in San Juan; and he stressed that whatever
else is needed in the way of equipment or anything should be furnished if possible.
Mayor Luby called for any discussion from the audience regarding any items on
the City Manager's Reports.
Mr. Ricardo Gonzalez spoke relative to Item "t" that he thinks the City is moving
forward with respect to better health conditions in the San Juan area but feels that there are
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Regular Council Meeting
October 22, 1975
Page 9
other areas of the City with similar problems. He asked the Council to consider the San Carlos
area and also hook up their lines with the money acquired; that he feels very strongly that the
City needs to include the San Carlos area and any other area outside the City limits but within
a five -mile jurisdiction; that if these monies are available through the Farriers Home Administra-
tion the City should try to get them before another epidemic occurs.
(City Secretary Read returned to the Meeting at 3:10 p.m.)
City Manager Townsend replied that San Carlos is outside the City limits and it
would be unrealistic to think that the FHA would waive the requirements with San Carlos as they
did with the San Juan subdivision. He stated that this project could possibly be developed in
the upcoming Community Development Program.
Mr. Gonzalez inquired if it would be treated as a first -priority item.
City Manager Townsend replied that it has to go through an approved budget and
would be one of a number of projects that will be available for the Council to consider.
Mr. Gonzalez stated that he wanted the action taken now instead of waiting
until the City gets the monies.
City Manager Townsend responded that the Council must go through the required
public hearing and that the process should start in the next month.
Dr. Amold Gonzales asked for clarification regarding the $25,000 that the
County will give to the City; he understood that the money would be used to clean up the
septic tanks in San Juan. He stared he had been told by the Planning and Urban Development
Department that the first priority in that area would be to clean up the tanks, and that he felt
there were about 130 tanks that needed to be cleaned up to alleviate any problem.
City Manager Townsend responded that if the septic tank levels are an existing
problem that will not be solved with the connection to the City sewer lines then they will be
pumped down; that the City staff is checking this as they go from house to house.
Mayor Luby inquired if the City crews are actually inspecting the septic tanks
to see if they need to be pumped out.
City Manager Townsend did not know if this was being done or not.
Mr. Gonzales stated that a lot of people in the San Juan subdivision could not
afford to clean out their septic tanks.
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Regular Council Meeting
October 22, 1975
Page 10
City Manager Townsend reported that the cost for sewer connection is $2.00
per front foot plus a $40 tap fee for the duration of the program; also that there was a $10.00
charge for plumbing inspection outside the City limits but he was going to request next week
that that charge be waived. City Manager Townsend explained that the $2.00 per front foot fee
is the standard charge made in every subdivision since 1956, and the City is trying to work out
a system whereby the people in San Juan can purchase the pipe at the City's price, which is
discounted because of volume purchases. He added that the City staff is estimating the cost of
hookups for these people.
Dr. Amelia Medina inquired that since the red tape was cut at the federal level,
couldn't it be eliminated at the local level also in this situation.
City Manager Townsend replied that City employees are working with the people
in San Juan and offering their assistance in completing the loan applications and whatever else
is needed, and there is no red tape or delay on the City's part.
Dr. Medina then asked how long it will take before the problem is alleviated;
how long the people would have to live with it.
City Manager Townsend replied that as far as the City is concerned the immediate
health hazard has been corrected; the standing water has been pumped down and the open sewage
treated; that there will be no delay on the City's part in getting the people connected to the
sewer system.
Mr. Benny Benavides questioned if the $25,000 couldn't be used to hook up the
families that can't get FHA loans.
City Manager Townsend responded it is likely that most families will qualify
for the FHA loans; that the dollars available from the County will be used for other specific
things that need to be done and the balance will be returned to the County.
Motion by Tipton, seconded by Lozano and passed, that the City Manager's
Reports be accepted and Items "a" through "u" be granted, approved and adopted as presented
by City Manager Townsend.
Mayor Luby called for the ordinances and City Manager Townsend presented
for the Council's consideration the following ordinances with related comments and explanations
as follows:
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Regular Council Meeting
October 22, 1975
Page 11
SECOND READING OF AN ORDINANCE APPROVING THE TRANSFER OF THE TRASH CAN
FRANCHISE, GRANTED BY ORDINANCE NO. 11838, FROM IMPACT ADVERTISING COMPANY
OF SHREVEPORT, LOUISIANA, TO LITTER -LES, INC.
The foregoing ordinance was read for the second time and passed to its third
reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample,
present and voting "Aye". -
ORDINANCE NO. 12861
THIRD READING OF AN ORDINANCE AMENDING CHAPTER 34, CORPUS CHRISTI CITY
CODE, 1958, AS AMENDED, BY AMENDING SECTION 34-27 THEREOF, SO AS TO REGULATE
THE CONSTRUCTION OF IMPROVEMENTS ON AND ABUTTING THE PUBLIC RIGHT OF WAY;
REGULATING THE LOCATION OF DRIVEWAYS, SIDEWALKS AND APPROACHES TO PRIVATE
PROPERTY FROM PUBLIC RIGHT OF WAYS; PROVIDING FOR VARIANCES IN CERTAIN CIR-
CUMSTANCES; REPEALING CITY ORDINANCE NO. 12068, PASSED AND APPROVED MAY
22, 1974; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION.
The foregoing ordinance was read for the third time and passed finally by the
following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting
"Aye".
ORDINANCE NO. 12862
INCREASING THE COMPENSATION FOR THE MEMBERS OF THE CITY'S BOARD OF EQUALI-
ZATION FROM THE PRESENT RATE OF $50 PER DAY; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and
voting "Aye".
ORDINANCE NO. 12863
AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED MUTUAL FIRE FIGHTING
ASSISTANCE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE COMMANDING
OFFICER OF THE NAVAL AIR STATION, CORPUS CHRISTI, A COPY OF SAID AGREEMENT,
IN SUBSTANTIALLY THE SAME FORM, BEING ATTACHED HERETO, MARKED EXHIBIT "A",
AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AND DECLARING AN EMER-
GENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and
voting "Aye".
ORDINANCE NO. 12864
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ABACUS CORPORA-
TION FOR CONSTRUCTION OF THE CLARKWOOD, SAN JUAN, AND MCNORTON SANITARY
SEWER (E.P.A. #WPC-TEX-899), SUBJECT TO CONCURRENCE FROM THE TEXAS WATER
QUALITY BOARD AND THE ENVIRONMENTAL PROTECTION AGENCY; APPROPRIATING
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Regular Council Meeting
October 22, 1975
Page 12
$425,000 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, OF WHICH
$404,345 IS FOR THE CONSTRUCTION CONTRACT AND $20,655 I5 FOR INCIDENTAL
AND RELATED EXPENSES, ALL APPLICABLE TO PROJECT NO. 250-70-105; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed
by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
ORDINANCE NO. 12865
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH A & I UNIVERSITY
AT CORPUS CHRISTI WHEREBY THE CITY WILL PROVIDE $15,000 OF A $30,000 LOCAL
MATCH REQUIRED FOR A FEDERAL GRANT TO ESTABLISH AN OIL SPILL TRAINING
PROGRAM AT THE UNIVERSITY, ALL AS MORE FULLY SET FORTH IN THE CONTRACT,
IN SUBSTANTIALLY THE FORM 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, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
ORDINANCE NO. 12866
CLOSING AND ABANDONING THE EXISTING 10 -FOOT UTILITY EASEMENT LOCATED
BETWEEN LOTS 1 AND 2, BLOCK 4, ROSELAND PLACE, A SUBDIVISION OF THE CITY
OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO A REPLAT OF THE
PROPERTY BY THE OWNERS; PROVIDING FOR SEVERABILITY; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
ORDINANCE NO. 12867
AUTHORIZING EXECUTION OF A TITLE VII NUTRITION PROGRAM CONTRACT
MODIFICATION BETWEEN THE CITY AND JIM WELLS COUNTY, PROVIDING FOR A
BUDGET REVISION TO ENTAIL A TRANSFER OF $3,136 FROM THE RAW FOOD CATEGORY
TO $400 TO EQUIPMENT, $500 TO RECREATIONAL EQUIPMENT AND SUPPLIES,
$1,500 TO BUILDING AND EQUIPMENT MAINTENANCE, $500 TO VEHICLE INSURANCE,
AND $236 TO BUILDING INSURANCE, A SUBSTANTIAL COPY OF SAID CONTRACT
MODIFICATION BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED
EXHIBIT "A"; AUTHORIZING THE EXECUTION OF ANY AND ALL OTHER DOCUMENTS
REQUIRED IN THE ADMINISTRATION AND INITIATION OF THIS PROGRAM; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
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Regular Council Meeting
October 22, 1975
Page 13
ORDINANCE NO. 12868
AMENDING ORDINANCE NO. 12719, PASSED AND APPROVED BY THE CITY COUNCIL
ON JULY 30, 1975, PRESCRIBING THE TAXES TO BE LEVIED, ASSESSED AND COLLECTED
BY THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE YEAR 1975 AND FOR EACH SUC-
CEEDING YEAR THEREAFTER UNTIL OTHERWISE PROVIDED AND ORDAINED, AND SUCH
OTHER YEARS AS THE SAME MAY BE APPLICABLE, BY REDUCING THE TAX LEVY BY
FOUR CENTS (44); PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
ORDINANCE NO. 12869
EXPRESSING THE INTENTION OF THE CITY TO CONTINUE THE POLICE DEPARTMENT
YOUTH BUREAU FOR ONE YEAR AFTER COMPLETION OF CRIMINAL JUSTICE FUNDING,
6N DECEMBER 31, 1975; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Luby, Tipton, de Ases, Gill, Lozano and Sample, present and voting
"Aye"; Gulley voting "Nay".
ORDINANCE NO. 12870
EXPRESSING THE INTENTION OF THE CITY TO CONTINUE THE PLANNING AND
RESEARCH UNIT IN THE POLICE DEPARTMENT AND TO PROVIDE THE NECESSARY
FUNDS FOR SUCH OPERATIONS UPON THE EXPIRATION OF THE GRANT FROM THE
CRIMINAL JUSTICE COUNCIL; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Luby, Tipton, de Ases, Gill, Lozano and Sample, present and voting
"Aye"; Gulley voting "Nay".
0 1(1)1NAN( 1 NC). 1711/1' + '
•
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH NUECES
COUNTY TO ABATE THE PUBLIC HEALTH PROBLEMS IN SAN JUAN SUBDIVISION,
ALL AS MORE FULLY SET FORTH IN THE CONTRACT, IN SUBSTANTIALLY THE FORM
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, Tipton, de Ases, Gill, Gulley,+Lozano and Sample, presentand
voting, "Aye ". • . .
ORDINANCE NO. 12872
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE COASTAL
BEND COUNCIL OF GOVERNMENTS FOR THE ACQUISITION OF RADIO EQUIPMENT
AND COMMUNICATIONS TOWERS, AND THE HIRING OF A CONSULTANT TO PREPARE
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Regular Council Meeting
October 22, 1975
Page 14
PLANS AND SPECIFICATIONS AND SUPERVISE THE INSTALLATION OF THE SYSTEM,
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, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
Mayor Luby called for anyone in the audience who would like to speak
relative to the Ordinances.
Mr. David Saenz, 1430 Seventeenth Street, spoke in opposition to Ordinance
No. 12862 which would increase the compensation for the Board of Equalization members to
$75 per day. He compared the salary for the Board of Equalization members to that of other
boards and commissions in the City; he feels the present $50 per day is adequate for the job
they are doing.
City Secretary Read stated that according to his tabulation, all ordinances
voted upon had passed unanimously with the exception of Ordinances No. 12869 and 12870
which received one "Nay" vote on their passage.
City Manager Townsend presented the scheduled public hearing, Application
#975-6, Ms. Maria Angelica Tovar, for change of zoning from "R -IB" and a Special Permit
to "B-1", located on the southeast corner of Prescott Street and Horne Road, being Lots 12,
13, 14 & 15, Block 2, Midway, and stated that in response to this hearing, four letters had
been received in favor and two in opposition. The Planning Commission recommends
approval; the staff recommended that it not be approved.
Chief Planner Larry Wenger summarized the facts of the case and presented
a land use and zoning map of the area in question.
The applicant, Ms. Maria Angelica Tovar, 345 Old Rcbstown Road, stated
that she had gotten a petition and that 99% of the people in the area are in favor of the
change; that only one person was against it. She stated that she owns the Weemart Shopping
Center across the street and plans to move the house on subject property to another lot and
construct another shopping center with five units similar to the existing shopping center
across the street.
Minutes
Regular Council Meeting
October 22, 1975
Page 15
Mayor Luby called for anyone from the audience in opposition to the
request. No one appeared.
Motion by Lozano, seconded by Gulley and passed, that the hearing be
closed.
Motion by Lozano, seconded by Tipton and passed, that the recommendation
of the Planning Commission be concurred in and Application #975-6, Ms. Maria Angelica
Tovar, for change of zoning from "R -IB" and a Special Permit to "B -I", located on the
southeast corner of Prescott Street and Horne Road, being Lots 12, 13, 14 & 15, Block 2,
Midway, be approved, and an ordinance be brought forward effectuating the change.
ORDINANCE NO. 12873
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 ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM
TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS
AMENDED, UPON APPLICATION OF MARIA ANGELICA TOVAR BYAMthDING THE
ZONING MAP BY CHANGING THE ZONING ON LOTS 12, 13, 14 AND 15, BLOCK 2,
MIDWAY ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS, FROM "R -IB" ONE -FAMILY DWELLING DISTRICT AND A SPECIAL PERMIT TO
"B -I" NEIGHBORHOOD BUSINESS 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: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
City Manager Townsend presented the appeal of Mr. Jon Held of the Planning
Commission's denial of a preliminary plat of Tropic Heights Unit 3 consisting of approximately
112 acres in Flour Bluff adjacent to Waldron Field and the scheduled public hearing,
Application 0975-4, Corpus Christi Construction Company, Inc., for change of zoning
from "R -IB" One -family Dwelling District to "RE" Residential Estate District, on a 96.084 -
acre tract out of Lots I, 2, 3, 4, 5 &6, Section 52, Flour Bluff & Encina) Ftrrm & Garden
Tracts, located south of Mediterranean Drive commencing 220 feet east of Waldron Road;
that these two agenda items could be combined and can be heard together. He stated that
in response to this hearing, five letters had been received in favor and one in opposition.
The Planning Commission recommends approval of the change of zoning, and the staff
recommends approval.
Minutes
Regular Council Meeting
October 22, 1975
Page 16
Chief Planner Larry Wenger summarized the plat and outlined three major
points of the staff's concern regarding it. He reviewed the series of past appearances by
Mr. Held on this project and distributed to the Council copies of the amendment to
Platting Ordinance No. 12611.
City Manager Townsend pointed out that there was a misunderstanding
regarding the park dedication or park acquisition on this case and whether the acreage
which the City would purchase for the park would be five acres or eight actin; also that
there is a street closing involved, and a serious drainage problem.
Mr. Harlan •Heitkamp with Maverick Engineering presented maps outlining
the area and the proposed subdivision. He gave background information on the case; that
the proposed change, of zoning would meanareduction from approximately four lots per acre
or about 500 homes to one lot per acre which would be about 94 homes, with approximately
eight acres for park dedication; that it was much more desirable to have a lower density of
homes in the area because of the Waldron Field flight pattern, and he pointed out that the
location of the proposed park would be in the highest noise zone. He stateyi that there is
a drainage problem in a subdivision which adjoins their property; that during heavy rains
water stands a couple feet high in that area.
Mr. Jon Held explained the terms of the contract with regard to the park
issue when he purchased the land some 15 years ago. He stated that he would accept the
same amount for the land which the City is to purchase for the park as was assessed on his
front acres of land.
Commissioner Lozano inquired if the City had the money to buy the land.
City Manager Townsend replied that at the present time he did not know;
the only possibility he could think of would be some isolated park trust funds.
Director of Engineering and Physical Development James Lorltos addressed
the matter of drainage in the proposed subdivision. He stated that he was in disagreement with
Mr. Held; he acknowledged that the existing subdivision nearby does have some drainage
Problems but that the plans he has seen so far indicate that the water would flow to the edge
of Mr. Held's property and would substantially increase the drainage problem in the adjacent
subdivision. He clarified that they are not in disagreement regarding the drainage in the
interior of the proposed subdivision but that the problem is from the edge of the subdivision
to the Laguna Madre.
Minutes
Regular Council Meeting
October 22, 1975 '
Page 17 '
Commissioner de Ases asked Mr. Held if it was correct that if his appeal
is not upheld he would not be able to develop this tract of land.
Mr. Held replied that this was correct; that he would not financially be
able to.
Commissioner Gulley asked Mr. Held if he developed the land as proposed
did he realize that it would channel the water off of his property onto the existing subdivision,
and that he is obligated to think of the adjoining property.
Mr. Held stated he realized that there is a situation existing there now that
should have been taken care of by the City several years ago; that it is nothing that he has
created or contributed to. Mr. Held suggested a compromise whereby the present flow of
water into the existing subdivision would be calculated and then later the increased flow
caused by his development could be measured, and he would be responsible for the difference.
Mayor Luby called for anyone from the audience in opposition to the
foregoing matter; no one appeared.
Motion by de Ases, seconded by Tipton and passed, that action on the appeal
of Mr. Jon Held of the Planning Commission's denial of a preliminary plat of Tropic Heights
Unit 3 consisting of approximately 112 acres in Flour Bluff adjacent to Waldron Field and the
zoning application be tabled pending a report from the Staff regarding the matter of the
City's participation in the drainage problem, and that this report be presented within a
reasonable length of time so as not to delay Mr. Held any longer. It was agreed that he
should either be told he can be helped or not.
Motion by de Ases, seconded by Tipton and passed, that the Regular Council
Meeting be adjourned at 5:15 p.m., October 22, 1975.