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HomeMy WebLinkAboutMinutes City Council - 12/31/1975• MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING December 31, 1975 2:00 P.M: PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Commissioners: Eduardo de Ases City Manager R. Marvin Townsend Bob Gulley Acting City Attorney Michael May Gabe Lozano, Sr. City Secretary Bill G. Read Edward Sample Mayor Jason Luby called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Council Member Edward Sample in the absence of the invited Guest Chaplain. City Secretary Bill G. Read called the roll of those in attendance. Motion by Lozano, seconded by Sample and passed that Council Member Ruth Gill be excused for just cause. Motion by Tipton, seconded by Tipton and passed, that the Minutes of the Regular Meeting of December 10, 1975 be approved as submitted to the Council. City Manager Townsend presented the scheduled public hearing on the City - initiated request to close that portion of Massey Street located between the Police Building parking lot and Lot 7, Block B, Diaz Hidalgo Addition. He explained that the City owns Lots 8-26, Block B, and the closed street will be incorporated into the proposed expansion of the Police Parking Lot. He explained that the proposal had been circulated through the affected City Departments and there was general concurrence that the street should be closed with provision for the existing utility easement. No one appeared in opposition to the foregoing proposal. Motion by Lozano, seconded by Gulley and passed, that the hearing be closed. Motion by Lozano, seconded by de Ases and passed, that the recommendation 'of the staff be concurred in and Massey Street between the Police Building' Parking Lot and Lot 7,'Block B, Diaz Hidalgo Addition, be closed. Mr. Townsend announced the public hearing on the proposal to extend Ramirez Street to North Staples Street by opening the portion between Parker Alley and San Juan Street. He explained that Parker Alley is very narrow which results in traffic being forced to travel around to Chipito Street to get from West Broadway to Ramirez Street. He stated that the proposal had not been f§rmally presented to • the Traffic Safety Advisory Board but that it has been approved by all affected City Minutes Regular Council Meeting December 31, 1975 Page 2 Departments and concurrence that the removal of the timber bridge over Cabra Street and the extension of Ramirez Street will provide better traffic circulation to and within the area. Mrs. Millie West Blakshear, 1312 Ramirez, and Mrs. Benito Martinez, 1941 Hudson, appeared and requested explanations of what the proposed extension of Ramirez Street would involve and how their properties would be affeced. Mr. Townsend explained to their satisfaction that their properties would not be adversely affected. Motion by Gulley, seconded by Sample and passed, that the hearing be closed. Motion by Gulley, seconded by de Ases and passed, that the recommendation of the staff be concurred in and passed, that Ramirez Street be extended to North Staples Street by opening the portion between Parker Alley and San Juan Street, and Lot 9, Block C of Parker Addition be acquired in order to accomplish the extension. ORDINANCE NO. 12943 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: WALDRON FIELD ROAD - FEDERAL AID PROJECT M -R025 (1) METROPOLITAN HIGHWAY 141, FROM PURDUE ROAD TO CARIBBEAN DRIVE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS, REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENT SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. ORDINANCE NO. 12945 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: PALOMA STREET, FROM OCEAN DRIVE TO JARVIS DRIVE, AND CURB, GUTTER AND PAVEMENT FROM 172' SOUTH OF JARVIS DRIVE TO 290' NORTH OF ALAMEDA STREET, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; REQUIRING'THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS, REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENT SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, deAses; Gulley, Lozano and Sample, present • and voting "Aye"; Gill absent. ORDINANCE NO. 12953 DETERMINING TO GRANT, PROVIDING FOR AN ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDIT" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM IN THE EMPLOYMENT OF THE CITY OF CORPUS CHRISTI; ELECTING AND PRESCRIBING THE EFFECTIVE DATE OF SUCH UPDATED SERVICE Minutes Regular Council Meeting December 31, 1975 Page 3 CREDITS; AUTHORIZING AND PROVIDING FOR ALLOWANCE OF INCREASES, AS HEREIN PROVIDED, IN MONTHLY BENEFITS PAYABLE BY TEXAS MUNICIPAL RETIREMENT SYSTEM, AFTER THE EFFECTIVE DATE HEREIN SPECIFIED, TO RETIRED EMPLOYEES AND TO BENEFICIARIES OF DECEASED EMPLOYEES, UNDER CURRENT SERVICE ANNUITIES ARISING FROM SERVICE OF SUCH EMPLOYEES TO THIS CITY; AND DECLARING AN EMERGENCY. 4 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, pulley, Lozano and Sample, present and voting "Aye"; Gill absent. Mayor Luby called for the City Manager's Reports and City Manager Townsend presented requests and recommendations with related comments and explanations as follows: a. That a contract with the Corpus Christi Police Officers' Association be approved. The contract provides for dues deduction, increased retirement benefits, adds one additional holiday and time and one-half compensatory time, and provides other benefits. It gives the Chief authority to appoint and demote Assistant Chiefs and Commanders, establishes a 12 -month probationary period for entrance officers as well as one-year probationary period for all officers after promotion, and reaffirms the right to use civilian personnel in certain positions. The contract continues existing salaries with negotiations only as to salaries to resume prior to adoption of the 1976-77 Budget. b. That the current Texas Municipal Retirement Program be amended, effective January 1, 1976, by providing for 100% "updated service credits", and for a 50% increase in benefits presently provided for current retirees. The provisions for updated service credits enables the City to recognize prior service based upon present average salary for employees participating in the retirement program. The TMRS City contribution rate is 5.9% of payroll and would increase to 7.0% upon adoption of these additional benefits. This cost is provided in the 1975-76 Budget. c. That the City request the Area Development Committee to accept respon- sibility for coordination of intergovernmental and private actions necessary to bring about community improvements and programs found to be desirable through the goals development process. d. That 178,800 half pints of milk and 39,950 half pints of orange juice for'the Senior Citizens Program be purchased from Crescent Valley Creamery, Victoria, Texas, on the basis of low bid of $23,030.38. This contract will result in a 10% savings over purchase on the open market. Bide were received from 4 firms.. e. That the bid award on one 29 cu. yd. side -loading refuse collection vehicle (Shu -Pak) be made to Benjamin Feld and Associates, Houston, Texas, on the Minutes Regular Council Meeting December 31, 1975 Page 4 basis of the only bid received for the type unit specified of $39,398. The unit will be used on a trial basis as a two-man unit to determine its feasibility and economy in operation. Bids were also recieved on a similar 20 cu. yd. unit. As soon as the manufacturer provides a unit for testing, a recommendation will be made on its purchase. (Bid Tab #92-75) f. That authority be granted to negotiate the sale of the following vacant tax -foreclosure lots: (1) Tract A of Lot 26, Block G, Flour Bluff Estates (400 Block Judie) (2) S, 1/2 of Lot 5, Block 9, Kosar (1013' Dolores) (3) Lot 7, Block 3, La Gloria (1313 Verbena) (4) Lots 10 & 11, Block 2, La Paloma (1211 Elgin) (5) Lot 19, Block 3, San Pedro (707 Dolores) Since the first, second and fifth items are substandard lots, it is recommended that they only be sold to abutting property owners. Authority was previously granted to receive bids for these properties on October 13, 1975 but no bids were received. Since that time interest has been expressed in each property. It is further recommended that authority be granted to sell the properties on terms at an annual interest rate of 51/4% since some of those expressing interest cannot pay cash for the properties. g. That a resolution be approved stating the desire of the City Council that all interest earned on United States Treasury securities on deposit under escrow contract with Mercantile National Bank at Dallas in connection with the advance refunding of City of Corpus Christi First Mortgage Waterworks Revenue Bonds be used only for Choke Canyon Reservoir development. Total estimated interest to be earned is $888,792.83. h. That the plans and specifications for the construction of Fire Station No. 14 at South Staples and La Costa Drive be approved and bids be received January 28, 1976. The fire station was included in the 1972 Bond Election. Because there is presently no sanitary sewer service along South Staples, the fire station is designed with a septic tank system to serve until sanitary sewers are available. i. That a contract be authorized with Mr. John Tucker pertaining to sanitary sewer service to Lexington Industrial Center, Lots 19 and 20. The City will construct a lift station and force main to serve the subdivision plus an additional area in Lexington Industrial Center and Mr. John Tucker, the developer of Lots 19 and 20, will provide necessary easements and pay $18,500 as his share of the project cost. Minutes Regular Council Meeting December 31, 1975 Page 5 j. That the contract for construction of sanitary sewers, lift station and force main for Lexington Industrial center be awarded to Maverick Construction Company for the low bid of $63,345.04 and $68,000 be appropriated, including engineering and related expenses. The project includes construction of a lift station, force main and two gravity lines and is designed to serve the area from Flour Bluff Drive to the Padre Motel. Consideration of extending the line further towards the Oso is under study and can be accomplished by a separate bidding process should it be authorized. The appropriation includes Mr. Tucker's participation of $18,500, $19,103.34 from the Wastewater Bond Fund, and $30,396.66 from unexpended balances and interest income in Revenue Sharing funds for the first five entitle- ment periods. This appropriation will encumber all revenue sharing money through June 30, 1975. k. That Parcel 91, Block 96, Bayfront Science Park be acquired from Mr. Carl F. Crownover for $39,834.00, including $334.00 of closing costs. This parcel (Jordon Laboratories) is bounded by N. Mesquite Street and N. Chaparral Street. This is $500 more than the approved value and is recommended because of improvements added after the date of appraisal. The City Council authorized negotiating for the purchase of this property at the November 19, 1975 workshop. 1. ,That Trinity Engineering Testing Corporation be retained to provide quality control testing services in the Molina Area Street Improvement project (Phase B) including concrete strength tests, material tests, density tests for base work, and asphaltic concrete control tests. The laboratory's proposal for this work is $8,304 to be paid in six equal monthly installments of $1,384 as construction progresses. No additional appropriation is necessary since testing was included in the ordinance authorizing the construction contract. m. That a maximum street assessment rate of three times the residential rate of $4.75 per linear foot for curb, gutter and pavement be established for all properties and that the sidewalk rate not exceed 75C per square foot with residential sidewalks limited to a 4' width. A study of the cost of recent thoroughfare (over 60' wide) and collector street construction (less than 60' wide) shows the average per linear foot cost to be $14.92 and $10.61 respectively. Since many of the thoroughfare projects in the future will involve State and Federal assistance, seems reasonable to establish a maximum curb, gutter and pavement assessment �� \,.,• which will allow the property owner to receive some benefit from State and Federal assistance. This maximum rate would affect commercial, industrial, business and Minutes Regular Council Meeting December 31, 1975 Page 6 apartment properties. n. That the preliminary assessment roll on Waldron Road Improvements be approved and an assessment hearing be held January 28, 1976 at 7:00 p.m. at the Flour Bluff Independent School District all-purpose building. Bids for the joint City -State -Federal project were received by the State on December 10th with low bid submitted by Abacus Corporation of $713,877.28. Assessments on the entire project are estimated to be $111,083.92. The State's cost will be $417,577.28 and the City's excluding assessments $185,216.08. Since the low bid was lower than the estimate the City should be refunded approximately $50,000 from the $344,500 previously placed in escrow with the State for this project. o. That the preliminary assessment roll for Paloma Street Improvements be approved and a public hearing be held February 4, 1976 at 3:00 p.m. in the Council Chamber. The low bidder is Asphalt Maintenance Company for $72,532.10. Assessments are estimated at $35,398.54. p. That the Austin School Area Street Improvements, Unit II, Project be accepted and final payment of $87,017.08 for a total of $816,574:87 be approved to the contractor, Burtex Constructors. Because of quantity overruns, primarily additional driveways, an additional appropriation of $19,444.24 is needed. It is further recommended that the final corrected assessment roll of $383,018.62 be adopted. q. That educational leave without pay be granted to Sgt. G. W. Riner for one year in accordance with Section 10(e)3 of the Compensation Ordinance, to complete undergraduate work toward a degree in Police Administration. Leave will begin on January 12, 1976 and continue through December, 1976 with permission to return at an earlier date if circumstances warrant it. Sgt. River has been with the Police Department since November, 1963 and is currently assigned to the Patrol Division. r. That the speed limit on southbound Shoreline from the Bayfront Park to Park Avenue be increased from 30 to 35 mph, making it the same as the speed limit on northbound Shoreline. The accident rate on southbound Shoreline has been reduced since it was overlayed with a low skid surface and the traffic signal was installed at Peoples St. The Traffic Safety Advisory Board so recommends. s. That a contract modification be approved with the Corpus Christi Independent School District increasing the Title VI Comprehensive Employment and Training Act contract by $14,000 from $202,300 to $216,300. The number of positions Minu€ee Regula'f Geuieil Me@tiflg December 31, 1975 Page 7 would be increased from 37 to 45 and be funded for six months through June 30, 1976. The balance of the cost will be available as a result of personnel turnover in the program ($11,100). t. That the City's Title VI Comprehensive Employment and Training Act program be modified to incorporate 6 positions to provide for a continuation of intake and certification of Title VI participants throughout the Coastal Bend Manpower Consortium. These positions were initially funded only through January 9, 1976. The 6 participants are employed in the following locations: Corpus Christi - 2 Sinton - 1 Alice - 1 Falfurrias - 1 Kingsville - 1 and are supervised by the Texas Employment Commission. The funds needed to continue these 6 positions through June 30, 1976 is $31,700 and can be made available as a result of personnel turnover. u. That a lease agreement be authorized with Mr. Simon Grossman and the Ed Grossman Estate, to continue the occupancy of the Neighborhood Improvement office at 1020-1022 Leopard Street. The lease is for one year beginning December 15, 1975 and provides for an additional one-year option under the same conditions with a monthly rental of $305, $45 per month more than the existing lease. The building contains approximately 3000 square feet. The lease will have a 60 day cancellation clause. The City is responsible for utilities and the maintenance of everything but the roof and walls. The recommended rent is $20 per month less than first proposed at this site and approximately $300 per month less than the Klee Square proposal. a The location of this office will be again reviewed after the Community Development Program is approved. v. That an outside city limits water contract to serve a residential lot of 5 acres be approved for Lot 2, Block 3, South Clarkwood Acres Subdivision, situtated more than 300 feet outside the city limits fronting on Clarkwood Road near the intersection of Clarkwood Road and County Road No. 36. A four inch main serving San Juan Addition serves the lot. The platting ordinance requires a 6 inch main for residential service. It is proposed at some future date to replace the 4 inch main by the extension of a 12 inch main which now terminates in Clarkwood Road 600 feet north of this property. The pro rata charge for this property is $1,683 with $300 being payable now and $1,383 payable when a larger main is installed. Minutes Regular Council Meeting December 31, 1975 Page 8 w. That a contract with Federal Aviation Administration establishing an electrical power rate of 2.750 per kilowatt hour for providing 2,400 volt, 45 KVA, 3 phase electric service for FAA equipment at the Airport be approved. The present contract approved in 1960 established a rate of 1.5c per kilowatt hour. The FAA now pays an average of 2.751 for similar service at other South Texas installations and supports the recommendation. x. That the'proposed golf professional contract with Mr. Tom Lawrence be amended prior to its third reading to: (1) remove the proposed provision which would allow private golf carts to use the course (discussed at Council meeting 11-26-75) (2) reduce the proposed monthly payment to Mr. Lawrence from $300 to $200 per month (discussed at Council meeting on December 10) (3) increase the percentage of gross receipts being paid to the City on all sales except golf cart rentals so that annual sales from $50,000 to $75,000 will be at 71/2% and on sales over $75,000 at 10%. Golf cart rentals would remain at 10% (discussed at Council meeting on December_10). The original proposal was 5% on all sales except golf carts with an additional 231% on sales including cart rentals over $125,000. Mr. Lawrence's accountant completed his report for 1975 after the first reading of the ordinance. That year and the year now underway have had a substantial s •• increase in volume and net income and therefore a greater return to the City appears to be warranted. y. That a contract be authorized with the Texas Department of Community Affairs for a Youth Conservation Corps Program for next summer. The program involves 28 youth, 15-18 years old, throughout Texas in a 6 -week summer live-in camp experience in which the youth participate in an environmental development project. The youth will work on improvements to Lakeview and West Guth Parks. The cost of the program will be $48,000 and it is recommended that the local portion, $12,000 for materials - and supplies, be appropriated out of Park Trust Funds. The City participated in a similar program last summer in which the youth worked on improvements to Ropes and Cole Parks and along the John F. Kennedy Causeway. z. That authority be granted to submit a grant application for $137,312 to the Texas State Library for January 5, 1976 through August 31, 1976 and to execute all related documents: (1) $3,172.25 for travel and telephone to continue a program of helping Texas State Library members within the 26 county area solve operational problems. Minutes Regular Council Meeting December 11, 1975 Page 9 (2) $68,226 to continue development and circulation of a 8 mm and 16 mm film collection among the libraries including the purchase of a 16 mm projector to each of 27 libraries. (3) $24,968.29 for a new program to develop bi-lingual material for newspaper; radio and television use and to publicize the programs and services of the libraries. The money provides for the hiring of a Graphics Artist to develop the material. (4) $40,945.46 for a new program to improve the quality and increase the quantity of material on the Mexican -American community and its needs, culture and contributions to Texas. The program will improve the knowledge of librarians in this area and increase their ability to serve the Mexican -American community. This program will be subcontracted by the State Library to the McAllen Public Library because of its expertise but the City as the regional library must be the applicant. No local matching funds are required. aa. That amended contracts be executed with the State Department of Public Welfare for sponsorship of the Early Childhood Development Center and with the Center for a day care program for 68 children of mothers receiving aid to families with dependent children. This is necessary to bring the contracts into compliance with Title XX of the Social Security Act which makes Federal assistance available to states to establish ancilliary social service programs such as day care to make it easier for low income persons to achieve economic self-support. Title IV -A of the Social Security Act previously authorized this assistance. The major changes are a modification in the income criteria and requirements that those denied service after a review of their income be notified of their rights to a hearing before the Welfare Department. This program was authorized in March, 1975. The program at LULAC Village involves no local funds, has an annual budget of $195,783.88 and has 21 full-time and part-time employees. Council Member de Ases requested more explanation of Item z(4) regarding the application for a grant proposed to be submitted to the Texas State Library. He stated he was concerned as to how the program would be set up and why it was being subcontracted to the McAllen Public Library, and if the personnel hired to conduct the program would be people from McAllen. Mr. Tom Basile, Administrative Assistant, explained in more detail how the program will be conducted, stating that the McAllen Public Library had been conducting a similar program on a smaller scale; that our 26 -county region does include McAllen, the Texas State Library people have worked out the program, and it will be the responsibility of Corpus Christi to see that the program is spread throughout the region. Mrs. Phyllis Burson, Director of Community Enrichment, told the Council that it is planned to hire a consultant (graphics artist) from California to develop Minutes Regular Council Meeting December 31, 1975 Page 10 the material, and the new program is to improve the quality and increase the quantity of material on the Mexican -American community. She stated that the McAllen Library is one of the best in the Region and they have the expertise to carry out the program, but the coordinator will report to the system coordinator hired and working in Corpus Christi, but that the City will have direct control of the program. Mrs. Alma Garcia appeared relative to Item "v" stating she is the owner of the 5 -acre tract proposed to be approved for an outside City limits water contract, being Lot 2, Block 3, South Clarkwood Acres Subdivision, and is concerned that there is to be a lien on the property even though she has signed a statement that she will pay the pro rata charge of $1,683. City Manager Townsend explained that if Mrs. Garcia is prepared to pay the pro rata charge immediately, there will be no necessity for a lien. He explained that the only reason for a lien is that the obligation to pay the pro rata charge must be made but that it can be paid any time. Motion by Lozano, seconded by De Ases and passed, with Mayor Luby voting "Nay" on Items "C" and "k", and Tipton voting "Nay" on Item "v", be accepted, and Items "a" through "aa" be approved, confirmed and adopted as presented by City Manager Townsend. City Manager Townsend presented for the Council's consideration ordinances with related comments and explanations. Mrs. Lorraine Ellis, 10935 Leopard Street, expressed opposition to the proposed resolution requesting the Area Development Committee of the Chamber of Commerce (involving City funds), to accept a leadership role in further developing plans "which will lead the community" in the direction indicated by the Goals Committee. She stated she had understood that funds utilized by the Goals Committee were to have been private funds, had no idea it would involve tax money, and requested that her name be removed from the Goals Committee membership list. ORDINANCE NO. 12944 APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: WALDRON FIELD ROAD - FEDERAL AID PROJECT M -R025 (1) METROPOLITAN HIGHWAY 141, FROM PURDUE ROAD TO CARIBBEAN DRIVE; DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD AT THE MULTIPLE PURPOSE BUILDING, FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT, ON JANUARY 28, 1976 at 7:00 P.M., IN THE CITY OF CORPUS CHRISTI, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. Minute® Regular C6Uncil Meeting December 31, 1975 Page 11 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. ORDINANCE NO. 12946 APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: PALOMA STREET, FROM OCEAN DRIVE TO JARVIS DRIVE, AND CURB, GUTTER AND PAVEMENT FROM 172' SOUTH OF JARVIS DRIVE TO 290' NORTH OF ALAMEDA STREET; DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD FEBRUARY 4, 1976 AT 3:00 P.M. IN THE COUNCIL CHAMBER, CITY HALL, IN THE CITY OF CORPUS CHRISTI, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY., The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample,.present and voting "Aye"; Gill absent. FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY AMENDING SECTION 21-68, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, BY DELETING ALL REFERENCE TO SHORELINE BOULEVARD SPEED LIMITS AND IN LIEU THEREOF PROVIDING FOR SPEED LIMITS OF 35 MILES PER HOUR AT ALL TIMES ON NORTH AND SOUTH SHORELINE BOULEVARD, FROM CRAIG STREET TO THE BAYFRONT SCIENCE PARK, EXCEPT ON NORTHBOUND SHORELINE BOULEVARD FROM A POINT 580 FEET SOUTH OF PARK AVENUE TO A POINT 390 FEET, NORTH OF PARK AVENUE WHICH SHALL BE 25 MILES PER HOUR WHEN FLASHERS ARE OPERATING DESIGNATING SUCH SPEED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. SECOND READING OF AN ORDINANCE AMENDING THE AIRPORT LIMOUSINE CONCESSION CONTRACT GRANTED BY ORDINANCE NO. 10162, PASSED AND APPROVED ON MARCH 17, 1971, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE N0. 10883, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 31, 1972, AND BY ORDINANCE N0. 11820, PASSED AND APPROVED ON DECEMBER 12, 1973, BY AMENDING THE FARES IN ZONES 1 THROUGH 5, AS MORE FULLY SET FORTH HEREINAFTER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its -third reading by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample; present and voting "Aye"; Gill absent. SECOND READING OF AN ORDINANCE AMENDING THE CITY CODE, AS AMENDED, BY AMENDING SECTION 21-153, SCHEDULE I, ONE-WAY STREETS AND ALLEYS, BY ADDING AN ITEM THERETO SO AS TO MAKE HUDSON STREET, FROM SHAW STREET TO STAFFORD STREET, ONE WAY BETWEEN THE HOURS OF 8:00 A.M. AND 9:30 A.M., AND 3:00 P.M. AND 4:30 P.M. DURING SCHOOL DAYS ONLY; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVER- ABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and - Sample, present and voting "Aye"; Gill absent. Minuted Regular Council Meeting December 31, 1975 Page 12 SECOND READING OF AN ORDINANCE GRANTING A FRANCHISE TO MARINA INN, INC. SHERATON MARINA INN, FOR THE OPERATION OF ONE OR MORE MINIATURE TRAINS ALONG THE BAYFRONT AND THE DOWNTOWN AREA OF CORPUS CHRISTI, FOR A TERM YEARS, UNDER THE TERMS AND CONDITIONS AND ALONG THE ROUTE SET FORTH IN A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, "A"; AND PROVIDING FOR PUBLICATION. , DBA FOR HIRE OF FIVE THE FRANCHISE, MARKED EXHIBIT The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. ORDINANCE NO. 12947 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECION 21-131, PARKING METER ZONES ESTABLISHED, BY ADDING TO SUBSECTION (a) METER ZONE NO. 1, AN ITEM TO BE NUMBERED 17, TO PROVIDE FOR CHANGE FROM TWO-HOUR TO TEN-HOUR PARKING METERS ON N. CARANCAHUA STREET BETWEEN LIPAN STREET AND MESTINA STREET; AMENDING SUBSECTION (b) OF SAID SECTION 21-131, ENTITLED "METER ZONE NO. 2", SO AS TO AMEND ITEM 7 TO HEREAFTER READ "N. CARANCAHUA STREET, FROM MESTINA STREET TO BUFFALO STREET"; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION. The foreoging ordinance was read for the third time and passed finally by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. ORDINANCE NO. 12948 THIRD READING OF AN ORDINANCE ADOPTING NEW CIVIL SERVICE BOARD CODE OF RULES AND REGULATIONS FOR THE CITY OF CORPUS CHRISTI, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERANCE. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Tipton; de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. ORDINANCE NO. 12949 THIRD READING AUTHORIZING THE CITY MANAGER, FOR. AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH THE TEJAS BOWMAN ARCHERY ASSOCIATION, LEASING TO SAID TEJAS BOWMAN ARCHERY ASSOCIATION A 36 -ACRE TRACT OF LAND, DESCRIBED AS TRACT "A", NUECES VIEW TRACTS AS SHOWN IN VOLUME 28, PAGE 64, NUECES COUNTY, TEXAS, MAP RECORDS, FOR THE PURPOSE OF PROVIDING AN ARCHERY RANGE, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; MARKED EXHIBIT "A". The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Tipton,' de Asea, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. Motion by Lozano, seconded by de Asea and passed that the ordinance granting renewal of a three-year contract with Tom Lawrence for management of the Oso Golf Course, read on the first two of three readings, on November 26, 1975, and December 10, 1975, respectively, be and the same is hereby amended prior to its third and final reading as follows: 1. Reduce the proposed monthly payment to Mr. Lawrence from $300 to $200 per month, as the same appears in the caption of said ordinance, in Section 1 of the said ordinance, and in Section I of the agreement and contract made a part of the ordinance. 2. Increase the percentage of gross receipts being paid to the City on all sales except golf cart rentals so that annual sales from $50,000 to $75,000 will be at 7-1/2% and on sales over $75,000 at 10%, golf cart rentals to remain at 10%, said changes to appear in the caption of the said ordinance, in Section 1 of the T of the dar!..m nt :, d co:.ttact ordinance, and in Section II of the agreement and contract, being Subsection B, in the second paragraph thereof. ,,ars 3. Amend Section V, the second paragraph, by deleting reference to provision for allowing private carts to be used at the Oso Golf Course. ORDINANCE NO. 12950 r , '! TH@RD READING'0F'AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT .114ft CONTRACT WITH TOM LAWRENCE AS GOLF PROFESSIONAL AT A COMPENSATION OF $200 PER MONTH AT THE OSO MUNICIPAL GOLF COURSE; LEASING TO SAID TOM LAWRENCE THE GOLF.PRO DE SHOP AT THE OSO MUNICIPAL GOLF COURSE FOR A PERIOD OF THREE YEARS FOR AND INUCONSIDERA- TION OF THE COMPENSATION TO THE CITY OF FIVE PERCENT (5%) OF GROSS RECEIPTS"ON ALL FUNCTIONS OF THE PRO SHOP, INCLUDING MERCHANDISE SALES AND GOLF LESSONS, TEN PERCENT (10%) OF ALL INCOME FROM GOLF CARTS, AND AN ADDITIONAL TWO AND ONE-HALF PERCENT (2-1/2%) OF TOTAL GROSS RECEIPTS FROM $50,000 TO $75,000, AND AN ADDITIONAL FIVE PERCENT (5%) OF TOTAL GROSS RECEIPTS OVER $75,000, 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". The foregoing ordinance was read for the third time and passed finally by Li4., the following vote: Luby,TiPtonr de Ases, Gulley,Lozano and Sample, Present and voting "Aye"; Gill absent. 'i. • ORDINANCE NO. 12942 C XHIRD READING OF AN ORDINANCE AMENDING CHAPTER 18A OF THE CORPUS CHRISKI CETY CODE, AS AMENDED, AND P1ARTICULARY AS AMENDED BY ORDINANCE NO. 10378, PASSED AND APPROVED BY THE CITYJCOUNC[L 28,1971, AND AS AMENDED BY ORDINANCE NO. 11537 PASSED AND APPROVED $i' THE CI7.xj,(OLjNCIL ON JUNE 20, 1973, BY AMENDING SECTION 18A-1, SCHEDULE, SOrASNTO gsygpsHvA NEW GREEN FEES SCHEDULE FOR THE OSO MUNICIPAL GOLF COURSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was reread for the third time and passed finally the f• 10:. it g by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present v v�. and voting "Aye"; Gill absent. ORDINANCE NO. 12951 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION, THE TERMS, CONDITIONS 4ND PURPOSES BEING MORE FULLY SET FORTH IN THE SAID CONTRACT, A SUBSTANTIAL COPY OF WHICH CONTRACT 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, Gulley, Lozano and Sample, present and : Minutes Regular Council MeetiNg December 31, 1975 Page 14 voting "Aye"; Gill absent. RESOLUTION NO. 12952 RESOLUTION EXPRESSING THE DESIRE OF THE CITY COUNCIL THAT ALL INTEREST ON THE UNITED STATES TREASURY SECURITIES WHICH ARE ON DEPOSIT UNDER ESCROW CONTRACT WITH MERCANTILE NATIONAL BANK AT DALLAS IN CONNECTION WITH THE ADVANCE REFUNDING OF CITY OF CORPUS CHRISTI FIRST MORTGAGE WATERWORKS REVENUE BONDS IS TO BE USED ONLY FOR CHOKE CANYON RESERVOIR DEVELOPMENT; DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. ORDINANCE NO. 12954 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MAVERICK CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE LEXINGTON INDUSTRIAL CENTER SANITARY SEWER LIFT STATION AND FORCE MAIN IMPROVEMENTS; CANCELLING THE APPROPRIATION OF $27,250.14 IN THE NOS. 121, 122, 123, and 124 GENERAL REVENUE SHARING FUNDS AND TRANSFERRING INTEREST EARNING OF $3,146.52 IN THE NOS. 121, 122, and 125 GENERAL REVENUE SHARING FUNDS ACCORDING TO THE SCHEDULE ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AUTHORIZING THE TRANSFER OF SAID AMOUNTS TOTALING $30,396.66 TO THE NO. 250 SANITARY SEWER BOND FUND TO SUPPLEMENT $19,103.34 IN EXISTING BOND FUNDS; APPROPRIATING AND REAPPROPRIATING $68,000 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, OF WHICH $63,345.04 IS FOR THE CONSTRUCTION CONTRACT AND $4,654.96 IS FOR INCIDENTAL AND RELATED EXPENSES ALL APPLICABLE TO PROJECT NO. 250-72-15; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. ORDINANCE NO. 12955 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JOHN TUCKER, DEVELOPER, IN CONNECTION WITH SANITARY SEWER SERVICES FOR LOTS 19 AND 20, LEXINGTON INDUSTRIAL CENTER, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH AGREEMENT 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, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR THE ACQUISITION OF PARCEL 91, BAYFRONT SCIENCE PARK, BEING LOTS 4, 5 AND 6, BEACH PORTION OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM CARL F. CROWNOVER; CANCELLING THE FOLLOWING APPROPRIATIONS IN THE NO. 122, 123 and 124 GENERAL REVENUE SHARING FUNDS, ACTIVITY 4181, CODE 501, IN THE BAYFRONT SCIENCE PARK: $1,299.10 AS APPROPRIATED BY ORDINANCE NO. 11813; $1,688.70 AS APPROPRIATED BY ORDINANCE NO. 11814; $7,778.50 AS APPROPRAITED BY ORDINANCE NO. 11874; $ 982.00 AS APPROPRIATED BY ORDINANCE NO. 12031; $2,410.00 AS APPROPRIATED BY ORDINANCE NO. 12157; $2,955.00 AS APPROPRIATED BY ORDINANCE NO. 12396; $ 110.00 AS APPROPRAITED BY ORDINANCE NO. 12470; $ 250.00 AS APPROPRIATED BY ORDINANCE NO. 12509; $ 165.08 AS APPROPRAITED BY ORDINANCE NO. 12468; and $22,195.62 AS APPROPRAITED BY ORDINANCE NO. 11810, FOR A TOTAL CANCELLATION OF $39,834; fi Minutes Regular Council Meeting December 31, 1975 Page 15 APPROPRIATING AND REAPPROPRIATING THE AFORESAID $39,834 FOR ACQUISITION OF PARCEL 91, OF WHICH $39,500 IS FOR ACQUISITION AND $334 IS FOR INCIDENTAL EXPENSES RELATED TO CLOSING; AND DECLARING AN EMERGENCY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Luby, present and voting "Nay"; Gill absent. The number "12956" was inadvertently omitted, therefore, there is no Ordinance No. 12956. ORDINANCE NO. 12957 AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY REPEALING CERTAIN PROVISIONS, AMENDING CERTAIN PROVISIONS AND ADOPTING AND READOPTING CERTAIN PROVISIONS OF CHAPTER 34, ENTITLED "STREETS AND SIDEWALKS", SO AS TO ADOPT A POLICY OF STREET PAVING ASSESSMENTS DESIGNATED AS SECTION 34-21; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; ESTABLISHING A MAXIMUM ASSESSMENT RATE TO BE PAID FOR CURBS, GUTTERS, STREET IMPROVEMENT AND SIDEWALKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. ORDINANCE NO. 12958 AMENDING ORDINANCE NO. 12422, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 8TH DAY OF JANUARY, 1975, BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO CORRECT AND ADJUST THE ASSESSMENTS LEVIED AGAINST ABUTTING PROPERTY OWNERS ON THE FOLLOWING STREETS: 1. VERA CRUZ STREET, FROM BALDWIN BLVD. TO LOU STREET; 2. TORREON STREET, FROM BALDWIN BLVD. TO LOU STREET; 3. CORTEZ STREET, FROM BALDWIN BLVD. TO LOU STREET; 4. HAVANA STREET, FROM PINE STREET TO AGNES STREET; 5. BALBOA STREET, FROM BALDWIN STREET TO AGNES STREET; 6. PUEBLO STREET, FROM PINE STREET TO AGNES STREET; 7. SHAWNEE STREET, FROM BALDWIN BLVD. TO AGNES STREET; 8. HIAWATHA STREET, FROM CHIPPEWA STREET TO AGNES STREET; 9. VIRGINIA STREET, FROM BALDWIN BLVD. TO AGNES STREET; 10. MOHAWK STREET, FROM BALDWIN BLVD. TO AGNES STREET; 11. FRANCESCA STREET, FROM RUTH STREET TO AGNES STREET; 12. TAMPICO STREET, FROM BALBOA STREET TO GALVAN STREET; 13. GALVAN (JUANITA) STREET, FROM BALBOA TO CORTEZ STREET; 14. PINE STREET, FROM HIAWATHA STREET TO CORTEZ STREET; 15. LOU STREET, FROM VIRGINIA STREET TO AIRPORT ROAD; 16. HURON STREET, FROM HIAWATHA STREET TO VIRGINIA STREET; 17. CHIPPEWA STREET, FROM PUEBLO STREET TO VIRGINIA STREET; AS HEREINAFTER PROVIDED; KEEPING IN EFFECT ALL OTHER PROVISIONS OF SAID ORDINANCE NO. 12422; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. ORDINANCE NO. 12959 APPROPRIATING $19,444,24 OUT OF THE NO. 220 STREET BOND FUND TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRAITED FOR THE CONTRACT WITH BURTEX CONSTRUCTORS, INC. FOR CONSTRUC- TION OF AUSTIN SCHOOL AREA IMPROVEMENTS, UNIT II, OF WHICH SAID APPROPRIATION $18,699.24 IS FOR ADDITIONAL CONSTRUCTION COST AND $745 IS FOR RELATED LABORATORY EXPENSES, APPLICABLE TO PROJECT NO. 220-72-1.2; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting December 31, 197 Page ,16 The ,Ghaxotar Rule was suspended and the foregoing ordinance was passed by the €ollgwing vote: Luby, 77.ip;ton, de Ases, ,Gul],ey, Lozano and Sample, present and yoting '.'Aye"; Gill absent. ORDINANCE NO. 12960 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT MODIFICATION WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR 45 PUBLIC SERVICE EMPLOYMENT POSITIONS UNDER TITLE VI OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973, AS MORE FULLY DESCRIBED IN THE SAID CONTRACT, IN SUBSTANTIALLY THE SAME 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, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. ORDINANCE NO. 12961 AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH SIMON GROSSMAN AND THE ESTATE OF ED GROSSMAN FOR THE LEASING OF THE BUILDING AT 1020-1022 LEOPARD STREET FOR USE AS OFFICE SPACE BY THE CITY'S NEIGHBORHOOD IMPROVEMENT OFFICE, FOR A TERM OF bNE YEAR, AT THE RATE OF $305 PER MONTH, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, 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, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. ORDINANCE NO. 12962 AUTHORIZING A CONTRACT WITH BENITO GARCIA ND ALMA GARCIA FOR WATER OUTSIDE THE CITY LIMITS, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, IN SUBSTANTIALLY THE FORM ATTACHED'HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMRGPTCY.. ` •i •i The, Charter Rule was suspended and the foregoing ordinance was passed by €ipr.Ep11pwing,ypte•::,1,.uby, de Ases, Gulley, Lozano and Sample, present and voting 5ye',,; 1'iRt'on„ prpsent and vp;ting, "Nay'.; Gill absent. i ORDINANCE NO.;12963, AUTHORTZING THE FTTY MANAGER TO EXECUTE A CANCELLATION AGREEMENT WITH THE UNITED STATES OF'AMERICA,'CANCELLING'CORtRACT NO.'FA2-1871, A COPY OF WHICH CANCELLATION AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZ- ING -THE CITY MANAGER Tb EXECUTE A CONTRACT FOR THE SUPPLY OF ELECTRIC ENERGY TO THE FEDERAL AVIATION ADMINISTRATION FOR,OPERATION OF,EQUIPMENT AT THE INTERNATIONAL AIRPORT, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARKED, EXHIBIT "B"„ ANDMAPE A PART HEREOF; AND DECLARING AN EMERGENCY. The.Otarrte=,Rule was.suspended and the foregoing ordinance was passed by tlte.'Tollowing, yote,: {, Luby., Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye";• GiI1, absent. ri ,,. ; ORDINANCE, NO.. 12964 '14, . •'.1is "••lil' �r"• AUTHORIZING THE:CIY MANAGER TO ENTER INTO A CONTRACT WITH A YOUTH CONSERVATION CORPS PROGRAM WITH THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS, AND TO EXECUTE ALL DOCUMENTS NECESSARY TO IMPLEMENT THE PROGRAM; AND DECLARING AN EMERGENCY. V•"1., Amite,. PV ,R ,`'r. Regu1AP Codi@ii M6eR1,hE. December 31, 1995 : rl Page 17 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. ORDINANCE NO. 12965 APPROPRIATING OUT OF THE NO. 111 PARK TRUST FUND THE SUM OF $12,000, OF WHICH $3,444.37 IS OUT OF NO. 111 PARK TRUST ACCOUNT NO. 1771, LAKEVIEW PARK; $2,961.29 IS OUT OF NO. 111 PARK TRUST FUND NO. 1787, WEST GUTH PARK; AND $5,594.34 IS OUT OF NO. 111 PARK TRUST FUND ACCOUNT NO. 1752, UNRESTRICTED, SAID SUM OF $12,000 TO BE TRANSFERRED INTO FUND NO. 162, ACTIVITY 4673, FOR FUTURE REIMBURSEMENT TO ACTIVITY 4122-604 FOR WORK DONE BY CITY FORCES ON THE 1976 YOUTH CONSERVATION CORPS PROJECT; AND DECLARING AN EMERGENCY. s � .,. las .d file ti 404,n • '4 The Charter Rule was suspended and the foregoing ordinance was passed by + i. the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. ORDINANCE NO. 12966 AUTHORIZING THE CITY MANAGER TO EXECUTE A LIBRARY SYSTEM GRANT APPLICATION FOR $137,312 WITH THE TEXAS STATE LIBRARY FOR THE PERIOD OF JANUARY 5, 1976 THROUGH AUGUST 31, 1976, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT CONTRACT AND ANY OTHER DOCUMENTS NECESSARY TO IMPLEMENT THE GRANT APPLICATION; AND DECLARING AN EMERGENCY. 4 ,, . 51i B The Charter Rule was suspended and the foregoing ordinance was passed by 1:111,a CA7+ vl.t G t• 1r.3' 1+Ot i t the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. ORDINANCE NO. 12967 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONTRACT WITH THE EARLY CHILDHOOD DEVELOPMENT CETNER, DATED JUNE 1, 1975, WHICH CONTRACT WAS AUTHORIZED BY ORDINANCE NO. 12522, PASSED AND APPROVED BY THE CITY COUNCIL ON MARCH 12, 1975, SAID AMENDMENT TkeykovIpE FOR ACCEPTANCE BY THE SLID EARLY CHILDHOOD DEVELOPMENT CENTER OF #LL AMENDMENTSU FO THEL SAID CONTRACT, L NDt IN PARRTICULAR THE AMENDMENT DATED OCTOBER 1, 1975j AND TiNFUHTHE4yFROS1IQE,TNATI+SA4D EARLY CHILDHOOD DEVELOPMENT CENTER SHALL INFQEM ALL -INDIVIDUAF,EE r1THEIR 1IGHT TO FAIR HEARINGS, ALL AS MORE FULLY SET FORTH IN THE AMENDMENTAlA- SIiBVANTtAL ,C9PY, 01 w4ICH 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, Gulley, Lozano and Sample, p e'sent and voting "Aye"; Gill absent. ORDINANCE NO. 12968 9AMEND]1G THS ZONING, cv0ANcE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY t0 •E,UGUST;. 1937;, 1 'ERRING F RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDI- IANCE Awwlajkmpri RECORpS, AS AMEND FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY 0}{iYINANCE N0 6106, -ghME„NDEDf, UPON APPLICATION OF W. G. BATES, TRUSTEE BY AMENDING 1g ZONING MAP BY CHA+NAING THE ZONING ON A PORTION OF LOT 17, SECTION 12, FLOUR BLUFF AW ENfNAL BEIRM:AND,:PARDEN TRACTS, MORE FULLY DESCRIBED HEREINAFTER, SITUATED SN THE C]1, ga o tPSJS •,CBRISTI'p_, NUECES COUNTY TEXAS, FROM "F -R" FARM -RURAL DISTRICT`,. TO "B-4" GENNRf1„I. BUSS,,LDISTIICT; ,KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTINGIO0INANCE•AS AMENDED'; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting December 31, 1975 Page 18 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. ORDINANCE NO. 12969 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED CONTRACT WITH THE STATE DEPART- MENT OF PUBLIC WELFARE FOR SPONSORSHIP OF THE EARLY CHILDHOOD DEVELOPMENT CENTER FOR CHILDREN OF MOTHERS WHO ARE RECEIVING AFDC IN THE CORPUS CHRISTI AREA, INCLUDING HEALTH AND SOCIAL SERVICES, NUTRITION AND PARENT INVOLVEMENT, IN ACCORDANCE WITH THE SAID AMENDED 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, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. FIRST READING OF A RESOLUTION REQUESTING THE AREA DEVELOPMENT COMMITTEE TO ACCEPT RESPONSIBILITY FOR COORDINATION OF INTERGOVERNMENTAL AND PRIVATE ACTION NECESSARY TO BRING ABOUT COMMUNITY IMPROVEMENTS AND PROGRAMS FOUND TO BE DESIRABLE THROUGH THE GOALS DEVELOPMENT PROCESS. The foregoing resolution was read for the first time and passed to its second reading by the following vote: Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Luby, present and voting "Nay"; Gill absent. City Manager Townsend advised the Council that the ordinance read for the first time December 17, amending Ordinances No. 6143 and 10685, adding to the list of voting ex -officio members of the Municipal Industrial Board the County Judge of Nueces County, would be withdrawn and would not again appear on the agenda. Following a brief recess, the meeting was reconvened and Mayor Luby announced the public hearing on the plat appeal of Mr. Frank Parks concerning a preliminary plat of a tract of approximately 200 acres located one mile west of the City limits on FM 624 abutting the Nueces River. City Manager Townsend furnished each member of the Council with a packet Of material containing a copy of Mr. Parks letter of appeal; excerpts from the Planning Commission minutes of November 25 and December 9, and a copy of a memorandum dated December 12, 1975 from Chief Planner Larry Wenger summarizing the series of events leading to the appeal. Mr. Townsend explained that the property is outside the City limits but within the five mile area controlled by the City; that Mr. Parks is required to abide by the City's platting requirements or receive a "hardship" exception from the City Council. He stated Mr. Parks is proposing a one -street subdivision with long, narrow 2-1/2 acre lots on either side; the street would . dead-end at the Nueces River just upstream from Hazel Bazemore County Park and the River Hills Country Club, and lots would range from 150 to 200 feet in width and Minutes Regular Council Meeting December 31, 1975 Page 19 435 to 740 feet in depth. Aside from the exceptions to the City's platting ordinance, Mr. Townsend stated he has serious concern about the water quality because Mr. Parks' subdivision is in an area referred to as the "belly of the river" - the most immediate supply of water to the City of Robstown and Corpus Christi; concerned that underground seepage from septic tanks and runoff from insecticide - covered lawns would further pollute the water supply; that he is also concerned that homes in the flood -prone river basis area could cause more drainage and other problems for the City if the subdivision were ever annexed. Chief Planner Larry Wenger reviewed the Planning Commission's position, stating that on November 25 the preliminary plat was considered at which time Mr. Parks voiced strong opposition to the maximum block lengths and the additional 30' street dedication along the east property line. He stated the staff presented to the Commission a suggested re -design of the subdivision in order that the 2-1/2 acre lots could be adequately resubdivided into several standard building lots in the future but which cannot be accomplished as proposed by the developer. He stated the staff further recommended an approximate 9.9 acre park area be dedicated and that all other requirements of the Platting Ordinance be met. At this meeting a motion passed to table the plat for two weeks to provide time for the developer and staff to discuss the problems relative to the plat development. On December 9, 1975, the Commission approved the plat with the following conditions: (1) 1600' maximum block lengths; (2) dedication of park land (approximately 9.9 acres) to be designated at an appropriate location along the river's edge; (3) street names foradditional cross streets; (4) re -draw plat to 1" + 200' scale; and (5) a water contract between the developer and the River Acres Water Supply Corporation. Mr. Parks explained that he is proposing a subdivision of approximately 70 2-1/2 acre tracts of which will be restricted to residential use and a home of 1800 square feet or larger; no mobile homes, and restrictions which will give the resident a first class subdivision. He stated he is appealing two items which the City Staff and the Planning Commission have required and which he feels are unjust and not in the public interest: (1) the requirement for cross streets every 1600 feet of. the proposed road running north and south; (2) the requirement that 57:of the area, which is approximately 10 acres fronting on the Nueces River, be dedicated as park area. He explained to the Council that the cross streets is poor planning because the land'on either side has been subdivided which means the roads will "start nowhere, go nowhere, and end nowhere"; they would only be a nuisance to the Minutes Regular Council Meeting December 31, 1975 Page 20 property owners of the subdivision, and present problems to the City in the future; that the 5% park dedication is not only poor planning but illegal and he finds no City ordinance that requires the developer to plat a park in an area as large as the proposed subdivision and the Staff nor the Planning Commission have not shown a need for a park since these lots are 2-1/2 acres in size. He pointed out that there is a 150 -acre County Park within one mile of this subdivision, and this designated park area would be a nuisance to the property owners of the subidivision as the City has no provisions for its maintenance outside the City limits. He stated he is requesting that the City Council waive these two requirements from his preliminary plat. He stated his plan is the only plan feasible; that he feels the insecticides from lawns would not be a problem; that there is no such thing as a perfect septic tank and the sandy soil in this area is ideal and takes care of any problem with septic tanks; the legal problem with the City of Corpus Christi and Robstown regarding the water supply is of no concern of his, and also stated he does not feel the City has a right to dictate to him where he should locate the park. He further stated that he had been advised by the City's Engineering Department that the natural drainage in this area was adequate. He explained that the buildings in the subdivision would be restricted, and there would be no mobile homes allowed. The possibility of deed restrictions being applied and how they would be enforced, was discussed. Acting City Attorney Michael May explained that because of the City's extraterritorial jurisdiction within a 5 -mile area outside the City limits, the City could enforce deed restrictions if the City were made a party to them. Mr. Townsend pointed out that there would be nothing to prevent the land from being sub- divided, the deed restrictions would have to be so written to cover problems of the future and would have to be for more than just a few years. He pointed out that other developers in Flour Bluff have been forced to meet all conditions of the ordinance for similar 2-1/2 acre residential lots and waiving these conditions in this case would be in direct contradiction. He explained that the Council must find that a hardship exists to waive the park requirements or repeal the ordinance. Mayor Luby stated that, in his opinion, the subdivision is needed and the City should do everything possible to help it to materialize. Motion by de Ases, seconded by Tipton and passed, that the hearing be closed. Motion by Tipton, seconded by de Ases and passed, that the foregoing matter be tabled until the staff can work with Mr. Parks on possible deed restrictions with regard to the areas of concern to the City. Minutes Regular Council Meeting December 31, 1975 Page 21 Motion by Tipton, seconded by Gulley and passed, that Mr. M. E. Allison be paid a fee of $22,150 and Mr. Hobby McCall be paid $14,412.80 for services performed as Financial Advisors and for legal fees connected with the sale of $7,895,000 Jr. Lien Water Revenue Bonds to the Texas Water Development Board, as recommended by City Manager Townsend. Mr. Townsend commented that the work performed had been much more complex than the usual transaction. He stated the money had been appropriated but the fees had not been established. Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. Mr. John Wood, local resident, complained that his boat had been towed away by Richard Hinojosa Wrecker Service, and had been damaged in the process. He stated the tires had gone flat during the towing and the tow wrecker had kept on going, driving the axle into the ground resulting in approximately $500 worth of damage to the boat. He stated he had planned on using the boat as his source of income and felt that since the City had a contract with Mr. Hinojosa at the time the boat was towed, he should be entitled to some damage compensation. Administrative Assistant Tom Basile explained that the boat was picked up July 30 by the Police Department on suspicion of its being stolen add was towed to the Police Department pound, and was later transferred to the long term pound because it had not been claimed; that on August 18 the boat was released to Mr. Wood at which time he claimed the boat had been damaged. He stated that Mr. Hinojosa admits that it was damaged but stated the boat was not worth the $500 Mr. Wood claims it was damaged; that the insurance company informed Mr. Wood that since the boat was being towed it was not covered; that the boat was considered cargo and if it failed of its own accord, it would not be the responsibility of the tower. Assistant City Attorney Bill Monkres stated it is his opinion there should be some liability on the part of the insurance company, but it would be a case between the insurance company and Mr. Wood. Mr. Wood wassadvised to seek help from the Legal Aid Society or employ an attorney. City Manager Townsend stated he would investigate the matter to determine if the City has any responsibility to collect damages. The Council agreed to hold a workshop meeting Monday, January 5, at 5:00 P.m. for the purpose of reviewing applicants for the position of Municipal Court Clerk. There being no further business to come before theoCouncil, motion by Sample, seconded by de Saes and passed, that the Regular Council Meeting be adjourned at 5:35 p.m., December 31, 1975.