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HomeMy WebLinkAboutMinutes City Council - 02/04/19761 MI'N UTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING , FEBRUARY 4, 1976 2:00 P.M. Present: Mayor Jason Luby Mayor Pro Tem Tipton Commissioners: Eduardo de Ases City Manager R. Marvin Townsend Ruth Gill City Attorney J. Bruce Aycock 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 Rev. Charles Lawson of the Glad Tidings Assembly of God Church. City Secretary Read called the roll of those in attendance and stated there was a quorum of the Council and the necessary Charter Officers present to have a legally constituted Meeting. Motion by Sample, seconded by Tipton and passed, that the Minutes of the Regular Meeting of December 31, 1975 be approved as corrected; and the Minutes of the Regular Meeting of January 21, 1976 be approved as submitted to the Council. Mayor Luby welcomed Miss Texas, Miss Candice Gray, to Corpus Christi and introduced her to the Council and Staff and to the audience; she spoke briefly regarding her visit to Corpus Christi and the Miss USA pagaent on May 15. Mayor Luby announced the issuance of the following Proclamations: CHILDREN'S DENTAL HEALTH WEEK: February I through 7, 1976; GENERAL THADDEUS KOSCIUSZKO DAY: February 4, 1976; and BLACK HISTORY WEEK: February 8 through 14, 1976. Mayor Luby introduced Mr. Santiago Saenz, a 76 -year-old City employee who is still working part-time; and Mr. Saenz thanked the Council, City Manager, Staff and everyone involved for the increase in retirement pay. Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented the following requests and recommendations, with related comments and explanations: a. That bids be received at 11:30 a.m., Tuesday, February 24, 1976 for approximately 7800' stranded copper electrical cable with installation and 18 split, bolts for same. This electrical cable will be used by the Water Division to provide electrical power to two 2,000 GPM return washwater pumps recently purchased for use at the Stevens Filter Plant to eliminate the discharge of filter washwater into the Nueces River conserving approximately 11/2 million gallons of water per day. Mn,,,ies Regular Council Meeting Febr'uary 4, 1976 Page 2 b. That traffic control equipment be purchased on an individual lot basis as follows: Lot I Traffic Activated Computerized Interconnected System, TRANS-TRONICS, INC., Ft. Worth, Texas $34,800.00 Lot II Traffic -Activated, Time Programmed Interconnected System, EAGLE SIGNAL CO;, Davenport, Iowa 6,786.00 Lot III Two-phase, Full Activated Traffic Signal Controller with Railroad Pre-emption, TRANS-TRONICS, INC., Ft. Worth, Tex. 3,600.00 Lot IV Loop Vehicle Detector Amplifiers, SIGNAL ENGINEERING CO., Corpus Christi 3,136.00 Lot V Traffic Signals, EAGLE SIGNAL CO., Davenport, Iowa 8,548.50 Lot VI Pedestrian Signals and Push-button Unit, EAGLE SIGNAL CO., Davenport, Iowa 656.00 Lot VII Traffic Signal Control Cable, SIGNAL ENGINEERING CO., Corpus Christi 7,900.00 Lot VIII Cabinets, GAMMATRONIX, INC., Dublin, Ohio -680.00 /§.§,a12§42 This equipment will be used for signalization improvements, made possible by the 1972 bond election: (1) A 4 -intersection interconnected, traffic responsive signal system on Padre Island Drive for the intersections of Paul Jones, Ennis Joslin, Rodd Field Road and Nile Drive. (2) Everhart Road and Burney Drive. (3) Agnes Street and Navigation Boulevard, including railroad pre-emption to flash the signals when trains are crossing Navigation Boulevard. (4) Interconnected signalization of Greenwood Drive and West Point Road and Greenwood Drive and Gollihar Road. Recent traffic and accident studies indicate the need for these improvements. It is further recommended that $58,206.50 be appropriated out of the Street Bond Fund. The $7,900 for control cable will be purchased with appropriations approved in the Traffic Signal budget for this year. Bids were received from 9 firms. A price comparison on Lots III, IV, V and VI shove an increase of 23% on Lot III and a decrease of 26% and 28% on the remaining lots respectively. (Bid Tab #3-76) c. That a Change Order to the Community Auditorium project be approved providing for the following: (1) A substitute smoke door on the stage house roof representing a savings of $3,256.00. This door is less expensive, than that in the plans and will function adequately. (2) Installation of two metal doors and an access hatch to provide space for storage of janitorial supplies, access to a mechanical room and to utilities underneath the Auditorium. (3) Freight elevator door framing of 8 openings so automatic door equipment can be installed for an additional $2,899.00. The framing was inadvertently left out of the original plans. This Change Order provides for a net increase of $914.00. No appropriation is required. -' -- Mi Regular Council Meeting February 4, 1976 Page `3 d. That the Williams Drive storm sewer box be designated as a bicycle path and sidewalk from Airline to Rodd Field, and plans for modifications to bridge intersections and driveways to provide asphalt and concrete transitions be approved, and bids for this work be received on February 24, 1976 at 2:00 p.m. The resulting improvement will provide safe access to and from Weldon Smith Elementary School for children in the area. e. That the hearing be closed and the assessment roll for Waldron Road project be adopted without change. The assessment roll includes 35 parcels with assessments totaling $105,554.59. The project is to be jointly constructed by the City and the State under Urban Systems Program. The construction contract of $713,877.28 is held by Abacus Corporation. The State's portion of the cost is $417,577.28 and the City's, excluding assessments, is $190,745.41. f. That the following parcels be acquired for the Oso Treatment Plant Land. Acquisition Project: Parcels Owners 24-27 Mr. & Mrs. George Plomarity 28-32 Mr. Harry Plomarity and Ms. Frances Plomarity Papajohn, Trustees Acquisition Costs $10,000 12,500 Closing Costs $202.50 214.50 33-35 Dr. & Mrs. A. J. Ashmore and 7,500 187.50 Dr. & Mrs. R. V. St. John 37 Dr. & Mrs. R. V. St. John 2,500 164.50 It is further recommended that $7,700 be appropriated to supplement previous appropriations for the acquisitions. Acquisition cost is $700 over approved values based on estimates made in 1969. Updating these estimates and comparing them with a recent appraisal shows the increase to be justified. These parcels are located along Del Oso Road across from the Oso Golf Course. g. That a local cooperation agreement be executed with the Federal Government in connection with the Corpus Christi Beach Restoration Project and $I,489,000 be appropriated for the local portion of same. h. That a contract be approved with the North Central Texas Council of Governments for purchase of 35 two-way radios and related equipment to be used in transit buses as provided in the 1975 UMTA capital grant project and that $61,820 be appropriated therefor. This system will use the same frequency and base station as is to be used in the Senior Community Services activities for which radio equipment has previously been purchased. t, 5 ' Regular Council Meeting February 4, 1976 Page 4 There was some discussion regarding the purchase of two-way radios for City buses at a 7% cost'to the City of about $4,327. Commissioner Gulley stated he felt the radios were a frill and that the money could be better used for other things within the transit system, such as another bus; Tipton commented he would rather spend the money for bus stops. City Manager Townsend explained how the radios would be utilized in dispatching; and that eventually they are expected to increase the number of voluntary riders and, therefore, revenue to the City. Dr. Tipton clarified that the Council is not only considering spending $4,327 of local money, but a total of $61,820 of all taxpayers' money. Mayor Luby expressed that he does not consider the radios a frill by any means; that it is emergency equipment which is vitally necessary and will add safety for the passengers. i . That preparation of plans and specifications for improvements in lighting at the H.E.B. Tennis Center's center court be authorized. Some improvements were made during 1975, but the center court is still not lit at an adequate level for major tournaments. The Tennis Association has major events planned for the center court. Estimated cost is approximately $5,000. j. That the City Manager be authorized to submit an application to the U.S. Department of Housing and Urban Development for $2,832,000 for the second year of the Community Development program, as follows: Project Federal Funds Housing Rehabilitation: $ 700;000 a. Neighborhood Improvement (NIP) and Tenant Assistance ($200,000) b. Rehab Loans ($500,000) Voluntary Streets: 787,554 Utility System Improvements & Relocation: 206,000 Drainage: 600,000 Corpus Christi Beach Sanitary Sewers: 408,446 a. San Carlos Main-Calallen Trunk and Calallen Laterals ($246,606) b. Airline Subdivision Force Main and Lift Station ($ 66,640) c. Flour Bluff (school area ($95,200) Neighborhood Planning; 55,000_ Boys Club Neighborhood Facility: 75,000 $2,832;000 $652,000 Other Funds Total $ $ 700,000 550,000 1,337,554 75,000 281,000 600,000 27,000 435,446 55,000 75,000 $3,484,000 k. That the City as the Consortium's Administrative Unit execute a CETA Title 1 contract with H1ALC O Neighborhood Center for $52,000 for job placement with eight staff positions to serve approxi- mately 150 individuals. This allocation was approved by the Consortium Executive Committee at the December 18, 1975 meeting. 1. That the City, as the Consortium's Administrative Unit execute modifications to CETA Title 1 contracts for increased funding by $451,952, as follows: ' Minutes Regular Council Meeting February 4, 1976 Page 5 (1) Coastal Bend Work Experience Program - increase of $83,500 to a new level of $746,838; a) Operation Rebound - $33,500 for work experience with GED training for approximately 20 adult participants; b) Ex -Offender's Program - $25,654 for one counselor and approximately 8 to 10 ex -offender slots; c) Senior Citizens Work Experience - $24,346 for supplemental income jobs for approximately 35 senior citizen slots. (2) Jobs for Progress, Inc. (SER) - increase of $104,830 to a new level of $642,711; a) On -the -Job Training - $25,550 for 25 to 30 on-the-job training slots with private employers; b) Welding - $79,280 to develop welding programs with local industry with approximately 20 slots serving approximately 40 participants. (3) Texas Employment Commission - increase of 4202,483 to a new level of $1,111,171; a) Skilled Training Program - $119,373 to develop approximately 80 skilled training jobs, including stenographers, nurses aides, and automobile repairmen; b) Welding Program - $83,110 to develop 20 slots at See County College to train approximately 40 participants. (4) Corpus Christi Independent School District - increase of $33,570 to a new level of $628,777, for youth work experience activities on a part-time basis in conjunction with GED training. (5) San Patricio County Community Action Agency - increase of $20,594 to a new level of $152,308, for 8 slots to provide winterization repairs for approximately 120 to 150 disadvantaged households in San Patricio County. (6) LULAC Educational Service Center - increase of $6,975 to a new level of $22,658, for 1 additional career counselor to provide youth counseling, occupational testing and assistance in furthering education goals. These allocations were approved by the Consortium Executive Committee at its December 18, 1975 meeting. m. That parking be prohibited except on Sundays on the northwest side of Dickens Drive between Belmeade and Alden Drive. This is a narrow residential street adjacent to a church. Parking on both sides restricts traffic and blocks movements in and out of residential driveways. The church provides adequate off-street parking and does not oppose this action. The Traffic Safety Advisory Board so recommends. n. That an agreement with the State be executed governing the installation, operation and maintenance of new traffic signals at Padre Island Drive and Weber and Padre Island Drive and Everhart. The State will bear the cost of installation and assume operation and maintenance cost for 2 years. If satisfactory after 2 years, operation and maintenance will be transferred to the City. The City will pay all power costs during and after the test period. The signals are a new type which have two traffic detectors -one 150' and one 300' from the intersection. When traffic backs up to these detectors, additional green time is provided. The Traffic Safety Advisory Board so recommends. M.. .s Regular Council Meeting February 4, 1976 Page 6 o. That an agreement with the State be executed to transfer operation and maintenance to the City for four flashing beacon stop signs at Weber Road and Saratoga Boulevard. These flashers were installed when the intersection was outside the City limits. It is now in the City limits. It is • the State's policy not to install, operate or maintain such installations in cities having a population of 15,000 or greater. The Traffic Safety Advisory Board so recommends. p. That a multiple use agreement with the Texas State Highway Department be approved for the Navigation District to construct an Observation Deck under the Harbor Bridge overlooking the entrance to the Port. This project will commemorate the 50th Anniversary of the opening of the Port on September 14 and will be a Bicentennial event. Related parking and park development will possibly be a part of the proposed future development of the surrounding area by all of the governmental agencies involved in the railroad relocation and High Bridge projects. q. That a resolution be passed approving the submission of a proposal to the government of Spain for an American Revolution Bicentennial gift. The proposal includes a plaza with a fountain with six sides or panels showing the routes and colonization of the U.S. by Spaniards. The plaza will be located in the Bayfront Science Park and includes benches. r. That the following amendments be made to the Platting Ordinance as recommended by the Planning Commission on January 20, 1976: (1) Section I, General (a) Identify the first paragraph under this Section as "A. Jurisdiction." (b) Add two new Subsections to be designated B and C. Subsection B provides that the Platting Ordinance is not meant to conflict with any public or private provisions that may be more restric- tive. Subsection C clarifies the authority of the Planning Commission in regulating the design, dedication, improvement, or restrictive use of the land that is being subdivided. (2) Section IV, Design Standards, Subsection E, Lots Subparagraph two, paragraphs (a), (b), and (c). Amend these three paragraphs to establish a minimum of 35 -foot lot frontage along a public street right-of-way which is nct now a standard. (3) Provide for exemption from platting of land being divided which is used and will continue to be used for agricultural or pasture grazing purposes if such divisions are in 20 -acre increments or more. Presently, the divisions must be in 5 -acre increments or more. Regarding Item "q", Commissioner de Ases inquired as to the size and cost of the project. City Manager Townsend responded that as yet there hasn't been any clear definition as to cost breakdowns of the project and the percentages to be shared; he explained that the Staff will make a recommendation to the Council by next week to employ an architect to design and detail the work involved and give cost estimates for it; then the Staff will submit the recommendation to the Spanish Consul. M ReQ. ., Council Meeting February 4, 1976 Page 7 Commissioner Gulley stated concerning Item "j" that later if there is any money remaining from these programs he hopes the Council will consider allocating some money for downtown. Mayor Luby commented that he considers every part of Corpus Christi downtown; that he does not think it is wise in this situation to make plans now for the allocation of monies at some future date; that the Council must wait and consider the areas which need improvements the most at the time when the funds become available. There was further discussion regarding Item "j". Commissioner Sample explained for the audience the deletion of the request for funds for parks and NIP drainage improvements. Mayor Luby remarked that some of the projects were bond items; City Manager Townsend explained which projects could be constructed with bond funds, and that there was no surplus bond money for these projects. Mayor Luby commented that he thinks the Community Development funds should be used for housing rehabilitation, whether voluntary or compulsory, but that he preferred it to be done on a voluntary basis. City Manager Townsend explained that the HUD guidelines were very specific this year; that the funds must be used where they are part of a bigger improvement program in the neighborhood and where specific other public improvements are being made there at the same time. He continued that he feels the money requested for loans will be in excess of the potential loan demand; that unfortunately there are a very limited number of areas in the City which qualify because of these restrictions by HUD. He further pointed out that no local or State money can be used for this purpose now; that the only money available would be federal dollars, which are restricted as outlined. Commissioner Lozano stated that some of these street improvements were voted upon in a previous bond election; that under the program last year the public's first concern was housing rehabilitation, and streets were second; that he does not believe the amount which is being requested for housing rehabilita- tion is sufficient. Mayor Luby reemphasized that these monies are designated for assisting the poor and elderly; that he thinks it is wrong that we cannot assist more of those who need it. Commissioner de Ases inquired if there was more time to study the program; City Manager Townsend replied that the deadline HUD has given them requires that the application be approved today. Mayor Luby stated he feels the Council should ask HUD for an extension; that there should be another community meeting for further discussion with the people. Commissioner Sample stated he thinks the Council and Staff are doing their best to follow the guidelines set forth by HUD; that he is fearful the City might not receive the funds at all if the regulations are violated. Mayor Luby stated he thought the guidelines were flexible and ambiguous in their interpretation; that he thinks we need another week to ask the people in the community whether they prefer to have their streets or their homes renovated; that he remembers Rey,,.ar Council Meeting February 4, 1976 Page 8 last year the people were very disappointed when they could not receive money for improvements to their homes. Commissioner Gulley remarked that a public hearing was held last week, and that the people who spoke said they wanted their homes rehabilitated. City Manager Townsend restated that there are a number of areas in the City where these loan funds could not be utilized due to the strict regulations; that he is fearful another public hearing process would create more confusion and false hope. Commissioner Gill voiced that she is prepared to vote for these recommendations as they presently are because of the tight timetable; but that preparation for next year's application should begin now; that she hopes we would have an adequately prepared staff for next year and .ould hold a series of meetings in the various neighborhoods to hear what the people want and to let them know exactly what is and isn't possible under the federal guidelines. Mayor Luby opened the floor for discussion from the audience regarding any Item on the City Manager's Reports. Mrs. Millie Cobb addressed the Council relative to Item "j", noting that approximately $20,000 was cut from the amount requested for sanitary sewers; she asked how this would affect the sewer work planned for Ca!alien. City Manager Townsend responded that the plans on that project are well advanced; that the previous amount had a 10% factor in it for inflation from the time of the estimate to the completion of the construction; and that the Staff felt justified in reducing this to 5% now. Mrs. Cobb then inquired if the people in San Carlos would get federal assistance to put sewer systems in their homes. City Manager Townsend replied that at the present moment there is no reason to think that Farmers Home Administration loans will be available for the San Carlos addition; that when FHA loans were used in San Juan last year it was because that was an emergency, and the federal govemment waived some of its usual procedures and requirements. Dr. Arnold Gonzales also spoke relative to Item "j", stating he agrees that the whole community should be included in these projects; that for two years in a row now "lie after lie" has been told the people, and they are discouraged from full participation and are very frustrated; that they have been promised that they would be able to improve their homes with these federal loans, but each time it has turned out not to be true. He asserted that more Staff is needed to go out into the community and see what the needs are. He claimed that programs like these fail because of a negative attitude; that it is otten assumed that the poor and minorities don't care about the condition of their homes, w hich he said is not true. He stated he is very disappointed in the final recommendation, after all the meetings s h Council Meeting February 4, 1976 Page 9 and hearings which were held regarding the Community Development application for funds. He claimed that during the public hearings in 1974 the people were not told that there would be limitations on the loans; that they got very excited and as a result were very disappointed and angry when they found that they could not obtain loans to improve their homes. City Manager Townsend responded that the same limitations on the program existed last week, and he had specifically emphasized to the Planning Commission twice at their meeting that this would not be a general loan program eligible under Community Development money; that the HUD regulations are absolutely clear this year that there must be a Community Development program going on in the area at the same time, or a compulsory program where you are having everybody improve their houses, and the City must have improvements going on at the same time in the area. Dr. Gonzales said he is in total agreement that there is no question that the federal regulations must be followed. Commissioner Sample asked Dr. Gonzales if he was implying that the Council were liars. Dr. Gonzales replied, "No, but that the Staff had misled them." Commissioner Gulley remarked that the Staff informs the Council at meetings which are open to the public, and the Council Members are able to understand the Staff. Dr. Gonzales made reference to a meeting in 1973 which he said he had a tape recording of, in which the people were lied to. Commissioner Sample spoke at some length concerning planning for next year's Community Development Program. Ms. Mary Lou Martinez stated it was at the Ella Barnes meeting where the people were misled. Ms. Lela Lira inquired if the improvements at Chiquito Park would qualify that neighborhood for HUD funds. City Manager Townsend replied that Mrs. Lira had made a very good suggestion, and that the Staff would look into it to see if it would be possible. Ms. Diana Lee Mosley remarked that last year some of the public were participating in these meetings at 10 p.m. at night, which made it very difficult for them to go to work the next day; she said she hopes they could be scheduled at an earlier time next year. Relative to Item "q", Mr. A. G. Mejia of the Park and Recreation Board presented letters to the Council from the G. I. Forum and LULAC, which stated that those organizations are in favor of the fountain that Spain is giving our country as an American Revolution Bicentennial gift. Mayor Luby clarified that the details and conditions of the application are being worked out now, and it is hoped it will be accepted by Spain. Mr. Juan Jose Gussoni added that this is a gift offer by the country of Spain, and that Spain is expecting a request from the City of Corpus Christi for funds. Regular Council Meeting February 4, 1976 Page 10 On "j" Commissioner de Ases inquired if the Staff could compile a list of neighborhood improvement - type projects in progress in the City now, so it can be ascertained who will be able to qualify for the loans. City Manager Townsend responded that it is the Staff's intention to attempt to qualify every project and every place where people are voluntarily improving their streets; that they will look at Community Development projects for the last two years and street improvements for the last decade. Motion by Lozano, seconded by Sample and passed—with Tipton and Gulley voting No on Item "h", and Mayor Luby abstaining on Item "j" --that the City Manager's Reports be granted, approved and adopted, as presented by City Manager Townsend. Mayor Luby announced the scheduled public hearing on the preliminary assessment roll for the Paloma Street improvements from Ocean Drive to Jarvis Drive, and 172' south of Jarvis Drive to 290' north of Alameda Street. Assistant City Attorney Charles DuBois questioned Director of Engineering and Physical Develop- ment James Lontos as to his qualifications; a formal resume of his qualifications was offered into evidence and is on file in the City Secretary's office, and incorporated herein by reference, the same as if written herein. Mr. Lontos explained the project, which involves excavation to a width and depth to permit the construction of curbs, gutters, sidewalks and driveways, on a low bid submitted by Asphalt Maintenance Company. He reviewed the assessment rates for the project per square foot and per linear foot,aid stated that the total contract price would be $72,532.10, the total preliminary assessments would be $34,921 .27, and the net cost to the City would be $37,610.83. He continued that the project should begin within two to three weeks; that the contractor has 90 working days in which to complete it, which he estimated to be in May or early June; he explained that the assessments would become due within 30 days of completion, and outlined the terms of payment. Assistant City Attorney DuBois questioned real estate dealer and appraiser Harold A. Carr as to his qualifications; a formal resume of his qualifications was offered into evidence and is on file in the City Secretary's office, and incorporated herein by reference, the same as if written herein. Mr. Carr stated he had examined each and every parcel of land involved in the project; that he had found no irregular-shaped lots; and that in his opinion each piece of property on the assessment roll would be enhanced in value at least to the extent of the individual assessment. Mr. W. J. Beck appeared before the Council to explain that he owns Lots 9A & B, and that according to the plans there is to be one 10' driveway and one 25' driveway on those properties. Mr. Lontos explained that the existing driveway is 10'; and that the Staff was trying to match what is actually Council Meeting February 4, 1976 Page 11 there on the other property for the 25' driveway. Mr. Beck replied that he only wanted the other driveway to be 20'; the Staff agreed. Mr. Lee Carsons, a resident on Paloma Street, informed the Council and Staff that the small portion of Paloma Street on the other side of Ocean Drive toward the bay is "a mudhole", and requested that it also be paved at this time. He stated that a couple years ago a contractor had dumped some rocks out in that area, and that children go swimming there; that it is a safety hazard. Mr. Lontos replied that the Staff would be happy to check into it. Mr. B. N. McDonald, owner of Lot 22, pointed out that there are some large date palm trees adjacent to his property offsetting the sidewalk; he asked what the City plans to do with them in this construction project, as they are too big to replant. Mr. Lontos responded that a City inspector had just recently talked to the adjacent property owner concerning the trees, but that he did not know as yet what had been resolved; that the Staff will work with all parties involved and try to come up with an acceptable solution. Mr. McDonald also mentioned a drainage problem on Monette; that the water runs downhill into his front yard and into a neighbor's house. Mr. Lontos replied that the Staff would look into the matter. representing Mr. Guy I. Warren, Mr. Bill Warren,/ owner of Lot 1, questioned the need for 5' sidewalks in front of his property. Mr. Lontos acknowledged that the normal width is 4'; but that this section is against a curb, and for safety reasons the Staff recommends 5'. City Manager Townsend added that the Staff will investigate the possibility of reducing the sidewalk in that area to 4'. Mr. W. J. Beck brought up the fact that there is a drainage problem in the Tanglewood addition. Mr. Lontos replied that the Staff will look into it. Motion by Tipton, seconded by Lozano and passed, that the hearing be closed. The Council recessed at 4:30 p.m. to go into a Special Council Meeting for three public hearings on zoning cases. The Regular Meeting was resumed and the Council next considered the plat appeal of Mr. Frank Parks concerning a preliminary plat of a tract of approximately 200 acres one mile west of the City limits on FM 624 abutting the Nueces River. City Manager Townsend reviewed that the appeal was tabled on December 31, 1975 to allow the Legal Department to look into the feasibility of developing and enforcing deed restrictions against resubdivision, limiting the development to single-family residential ti Regwur Council Meeting February 4, 1976 Page 12 uses, to new construction, and prohibiting such uses as mobile homes; and that the Legal Department has submitted an opinion that if such deed restrictions were developed, they would not be enforceable by the City. He also reviewed that it is feared that the subdivision's septic tanks would drain into the Nueces River, which is Corpus Christi's water supply. Commissioner Gulley read a letter from the League of Women Voters which stated that they concurred with the Staff's recommendation to oppose Mr. Parks' plat appeal on the basis that it should meet all City ordinance requirements before acceptance. Commissioner Gill distributed copies of a letter from OPUS, Inc. to the Council, stating they also concurred with the Staff's recommendation to oppose the plat appeal, for the above reasons. The Council Members studied the plat, and invited Mr. Parks to make some closing comments. Mr. Parks explained that his development consists of 2 1/2 acre tracts; he stressed that he plans a nice subdivision; that children will be able to raise an animal for a 4-H or Ag project there. He stated he is aware that the City cannot make deed restrictions on property, but that he personally intends to do so to assure a nice development. He presented a copy of the proposed deed restrictions for the subdivision to the Council, and stated he would be happy to file them with the Courthouse before the final plat is approved. He stated that his objections to the Planning Commission's ruling are their requirement of a IO -acre park on the land; he asserted that with 2 1/2 acre tracts, a 10 -acre park is not needed; that there is a large park and also a Country Club nearby; also that the site chosen for the park was 10 acres of land along the Nueces River which, he maintained, is his best land. His other objection was to their requirement for streets every 1600' through the subdivision; he maintained that those roads would not go through. He added that the development would add about 5 million dollars to the economy. City Manager Townsend responded that this type of subdivision sitwted outside the City limits adds nothing to the City's economy except for the construction business. He also clarified that the action of the Planning Commission was to require roads in the subdivision every 1600'; and that they did not dictate where the roads should be nor where the park must be. Commissioner Gill stated she felt the park dedication was necessary; that she felt a purchaser would be entitled to a park along the River for his family's enjoyment as a place where they could picnic, etc.; and that she believes parks must be dedicated in every subdivision. Commissioner Gulley stated he feels that the 2 1/2 acre lots are adequate, and that Mr. Parks should not have to donate 10 acres of river frontage for a park. Regular Council Meeting February 4, 1976 Page 13 Motion by Tipton, seconded by Gill and passed, with Luby and Lozano voting No, that the Planning Commission's recommendation be concurred in and the plat appeal of Mr. Parks be denied. Mayor Luby announced two pending zoning items. City Manager Townsend reviewed the case of Benita L. Lopez from "R -IB" to "B -I" on a lot at the northeast corner of Delgado and Salazar Streets; that it was heard on October I, 1975 and denied; in lieu thereof a special permit was granted subject to a site plan for a flower shop in a portion of the home, with no outdoor signs or alteration of the exterior of the home allowed. He stated an acceptable site plan has been received; that the Planning Commission recommended denial of "B -I ". Motion by de Ases, seconded by Tipton and passed, that the site plan be approved and the Special Council Permit be granted. City Manager Townsend presented the case of Sysco Food Systems dba Lone Star Food Service Company from "A-2" to "1-2" located on the west side Of N. Staples midway between Buffalo and Winnebago; that it was heard on September 17, 1975 and denied; in lieu thereof a special permit was granted for a warehouse storage operation and parking, subject to a site plan. He stated that a site plan has been submitted utilizing the existing structure and meets all the necessary requirements except the setback requirement along the west and south sides of the property, but does not include a standard screening fence along a portion of the west side and all of the south sides of the property. He added that the use now proposed for the building is an ice machine repair and storage shop. Motion by Gulley, seconded by de Ases and passed, to approve the site plan as submitted for an ice machine servicing and storage operation, with the external wall of the building in lieu of a screening fence. City Manager Townsend showed the Council a letter which had been drafted to the attorney representing the owners of the Sheraton -Marina Inn, requesting that the architect who had recently made a safety inspection of the building respond to two additional questions which had not been covered in his report. After some discussion it was agreed by a vote of 4 to 3 that the letter should be sent. The Council further requested the reply by next Wednesday's Council Meeting. Mayor Luby called for the ordinances, and City Manager Townsend presented the following ordinances, with related comments and explanations: b Regular Council Meeting February 4, 1976 Page 14 FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CIN CODE, AS AMENDED, AND PARTICULARLY AMENDING SECTION 21-155, SCHEDULE III, "PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS", BY ADDING AN ITEM TO SAID SECTION 21-155 TO THE EFFECT OF PROHIBITING PARKING AT ALL TIMES ON THE NORTHWEST SIDE OF DICKENS DRIVE, BETWEEN BELMEADE DRIVE AND ALDEN DRIVE; 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, Gill, Gulley, Lozano and Sample, present and voting "Aye". FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NO. 4168, GENERALLY REFERRED TO AS THE "PLATTING ORDINANCE OF THE CITY OF CORPUS CHRISTI", AS AMENDED, SO AS TO AMEND SECTION I -GENERAL, BY DESIGNATING THE EXISTING PARAGRAPH AS PARAGRAPH A. JURISDICTION, AND ADDING TWO NEW SUBSECTIONS, TO BE DESIGNATED "B" AND "C", SUBSECTION "B" TO PROVIDE THAT ANY REQUIREMENT IN THE EXISTING ORDINANCE IS NOT TO CIRCUMVENT ANY PUBLIC OR PRIVATE PROVISIONS THAT MAY BE MORE RESTRICTIVE, AND SUBSECTION "C" TO PROVIDE THAT THE PLANNING COMMISSION IS TO HAVE THE AUTHORITY TO REGULATE DESIGN, DEDICATIONS, IMPROVEMENTS OR RESTRICTIVE USE OF LAND WHICH IS BEING SUBDIVIDED; AMENDING SECTION II - DEFINITIONS, BY DELETIN3 THE THIRD SENTENCE IN SUBSECTION C. SUBDIVISION; AMENDING SECTION IV - DESIGN STANDARDS, SUBSECTION E. LOTS, SO AS TO ESTABLISH A MINIMUM 35 -FOOT FRONTAGE FOR LOTS ALONG A PUBLIC STREET RIGHT OF WAY, BY AMENDING PARAGRAPH 2, (a), (b) AND (c), AS MORE FULLY SET FORTH HEREINAFTER; AMENDING SECTION VI - EXCEPTIONS, BY ADDING A NEW SUBSECTION, TO BE DESIGNATED E. DIVISION OF LAND FOR AGRICULTURAL OR PASTURE GRAZING PURPOSES; PROVIDING FOR SEVERANCE; 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, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 13000 THIRD READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE NUECES RIVER AUTHORITY CONCERNING THE CHOKE CANYON RESERVOIR PROJECT IN SUBSTANTIALLY THE FORM 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 Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 13001 AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE STATE OF TEXAS FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE OPERATION AND MAINTENANCE OF HIGHWAY SIGNAL PROJECTS AT THE FOLLOWING INTERSECTIONS: I. S. H. 358 (Padre Island Drive) North and South Frontage Roads with FM43 (Weber Road), and 2. S. H. 358 (Padre Island Drive) North and South Frontage Roads with Everhart Road, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". • Rey_..�r Council Meeting February 4, 1976 Page 15 ORDINANCE NO. 13002 AUTHORIZING THE CITY MANAGER TO EXECUTE FOR THE CITY, AS TI -E ADMINISTRATIVE UNIT OF THE COASTAL BEND MANPOWER CONSORTIUM, MODIFICATIONS TO EXISTING CETA TITLE 1 CONTRACTS FOR THE UTILIZATION OF INCREASED FUNDING AS FOLLOWS: I . COASTAL BEND WORK EXPERIENCE - INCREASE OF $83,500 TO A NEW LEVEL OF $746,838. A. OPERATION REBOUND - $33,500 B. EX -OFFENDER'S PROGRAM -$25,654 C. SENIOR CITIZENS WORK EXPERIENCE - $24,346 2. JOBS FOR PROGRESS, INC. (SER) - INCREASE OF $104,830 TO A NEW LEVEL OF $642,711. A. ON-THE-JOB TRAINING - $25,550 B. WELDING - $79,280 3. TEXAS EMPLOYMENT COMMISSION - INCREASE OF $202,483 TO A NEW LEVEL OF $1,111,171. A. SKILLED TRAINING PROGRAM - $119,373 B. WELDING PROGRAM -$83,110 4. CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT - INCREASE OF $33,570 TO A NEW LEVEL OF $628,777. 5. SAN PATRICIO COUNTY COMMUNITY ACTION AGENCY - INCREASE OF $20,594 TO A NEW LEVEL OF $152,308. 6. LULAC EDUCATIONAL SERVICE CENTER - INCREASE OF $6,975 TO A NEW LEVEL OF $22,658. AS MORE FULLY OUTLINED AND SET FORTH IN THE MODIFICATIONS, A SUBSTANTIAL COPY OF EACH BEING ATTACHED HERETO, MARKED EXHIBITS "A" THROUGH "F", AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCU- MENTS FOR THE IMPLEMENTATION AND ADMINISTRATION OF THE AFORESAID MODIFICATIONS; 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. 13003 AUTHORIZING THE CITY MANAGER TO EXECUTE FOR THE CITY, AS ADMINISTRATIVE UNIT OF THE COASTAL BEND MANPOWER CONSORTIUM, A CETA TITLE 1 CONTRACT WITH HIALCO NEIGHBORHOOD CENTER IN TI -E AMOUNT OF $52,000 FOR JOB PLACEMENT, AS MORE FULLY OUTLINED AND SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A'; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS FOR THE IMPLEMENTATION AND ADMINISTRATION OF THE AFORESAID PROJECT; 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. 13004 AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION IN THE AMOUNT OF $2,832,000; SECOND YEAR FUNDING, UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AND AUTHORIZING THE EXPENDITURE OF $652,000 IN LOCAL FUNDS, FOR A TOTAL PROGRAM COST OF $3,484,000, AS MORE FULLY DESCRIBED IN THE APPLICATION, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A" AND TO EXECUTE ALL DOCUMENTS NECESSARY TO IMPLEMENT THE GRANT IF APPROVED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Mayor Luby abstaining. Mi • Regu.,.. Council Meeting February 4, 1976 Page 16 ORDINANCE NO. 13005 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE STATE OF TEXAS FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF FLASHING BEACONS AT THE FOLLOWING LOCATION: INTERSECTION OF S.H. 357 (SARATOGA BLVD.) AND FM43 (WEBER ROAD, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 13006 AUTHORIZING THE EXECUTION OF A MULTIPLE -USE AGREEMENT WITH THE STATE HIGHWAY DEPARTMENT FOR THE PURPOSE OF PERMITTING CONSTRUCTION BY THE NUECES COUNTY NAVIGATION DISTRICT NO. 1 OF AN OBSERVATION DECK UNDER THE HARBOR BRIDGE OVER- LOOKING THE ENTRANCE TO THE PORT, AND FOR OPERATION AND MAINTENANCE OF THE FACILITY WHEN COMPLETED, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTAN- TIAL COPY OF WHICH I5 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. 13007 CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREET: WALDRON FIELD ROAD - FEDERAL AID PROJECT M -R025 (1) METROPOLITAN HIGHWAY 141, FROM PURDUE ROAD TO CARIBBEAN DIRVE; AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREET WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AN ASSESSMENT; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; 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". RESOLUTION NO. 13008 AUTHORIZING THE CITY OF CORPUS CHRISTI TO REQUEST FROM THE GOVERNMENT OF SPAIN AN AMERICAN REVOLUTION BICENTENNIAL GIFT; AND DESIGNATING THIS GIFT TO BE A FOUNTAIN PLAZA IN THE BAYFRONT ARTS AND SCIENCE PARK WHICH WILL PORTRAY THE HISTORICAL INFLUENCE OF THE SPANISH CULTURE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 13009 APPROPRIATING $7,700.00 OUT OF THE NO. 250 SANITARY SEWER BOND FUND FOR PROJECT NO. 250-61-25.5, OSO SEWER PLANT LAND ACQUISITION, TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 12770, PASSED AND APPROVED ON AUGUST 27, 1975, FOR ACQUISITION, ACCORDING TO UPDATED VALUES, OF PARCELS 24 THROUGH 27 FROM MR. AND MRS. GEORGE PLOMARITY FOR $10,202.50, OF WHICH AMOUNT $10,000.00 IS FOR ACQUISITION AND $202.50 IS FOR INCIDENTAL COSTS RELATED TO CLOSING; PARCELS 28 THROUGH 32 FROM HARRY PLOMARITY, TRUSTEE, AND FRANCES PLOMARITY PAPAJOHN, TRUSTEE, FOR $12,714.50, OF WHICH AMOUNT $12,500.00 IS FOR ACQUISITION AND $214.50 IS FOR INCIDENTAL COSTS RELATED TO CLOSING; PARCELS 33 THROUGH 35 FROM DR. AND MRS. A. J . ASHMORE AND DR. AND MRS. R. V. ST. JOHN FOR $7,687.50, OF WHICH AMOUNT $7,500.00 IS FOR ACQUISITION • Rey_.ar Council Meeting February 4, 1976 Page 17 AND $187.50 IS FOR INCIDENTAL COSTS RELATED TO CLOSING; AND PARCEL 37 FROM DR. AND MRS. R. V. ST. JOHN FOR $2,664.50, OF WHICH $2,500.00 IS FOR ACQUISITION AND •$164.50 15 FOR INCIDENTAL COSTS RELATED TO CLOSING; 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. 13010 AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCAL COOPERATION AGREEMENT (221 AGREEMENT) WITH THE UNITED STATES OF AMERICA TO PROVIDE FOR THE RESTORATION AND NOURISHMENT OF CORPUS CHRISTI BEACH, AS AUTHORIZED BY SECTION 201 OF THE FLOOD CONTROL ACT OF 1965, IN ACCORDANCE WITH HOUSE DOCUMENT NO. 91-415, 9Ist CONGRESS, 2nd SESSION, A SUBSTANTIAL COPY OF SAID LOCAL COOPERATION AGREEMENT (221 AGREEMENT) BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A'; CANCELLING THE , APPROPRIATION OF $591,740 IN THE NO. 102 GENERAL FUND, AS INDICATED, ON THE SUMMARY ATTACHED HERETO, MARKED EXHIBIT "B", AND MADE A PART HEREOF; APPROPRIATING AND REAPPROPRIATING $759,000 OUT OF THE NO. 102 GENERAL FUND, WHICH AMOUNT I5 COMPOSED OF $591,740, AS CANCELLED ABOVE, TOGETHER WITH $167,260 EXISTING IN THE GENERAL FUND UNAPPROPRIATED FUND BALANCE, FOR TRANSFER TO THE NO. 291 PARK BOND FUND, WHICH AMOUNT WILL BE REIMBURSED AND THE APPROPRIATIONS REESTABLISHED IN THE NO. 102 GENERAL FUND UPON THE SALE OF PARK BOND FUNDS AUTHORIZED IN THE DECEMBER 9, 1972 BOND ELECTION; APPROPRIATING $1,489,000 OUT OF THE NO. 291 PARK BOND FUND, SAID SUM COM- POSED OF $730,000 FROM THE UNAPPROPRIATED PARK BOND FUND BALANCE AND $759,000 TRANSFERRED FROM TI -E NO. 102 GENERAL FUND HEREINABOVE AUTHORIZED, ALL BEING APPLICABLE TO PROJECT NO. 291-72-11; 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. 13011 AUTHORIZING ISSUANCE OF PURCHASE ORDERS FOR THE PURCHASE OF TRAFFIC CONTROL EQUIPMENT TO BE USED AT VARIOUS INTERSECTIONS (BID #5843/76), SAID PURCHASE ORDERS TO BE ISSUED ON AN INDIVIDUAL LOT BASIS AS FOLLOWS: Lot I Traffic -Activated Computerized Interconnected System, TRANS-TRONICS, INC., Ft. Worth, Texas $34,800.00 Lot 11 Traffic -Activated, Time Programmed Interconnected System, EAGLE SIGNAL CO., Davenport, Iowa $6,786.00 Lot 111 Two-phase, Full Activated Traffic Signal Controller with Railroad Pre-emption, TRANS-TRONICS, INC., Ft. Worth, Texas $3,600.00 Lot IV Loop Vehicle Detector Amplifiers, SIGNAL ENGINEERING CO., Corpus Christi, Texas $3,136.00 Lot V Traffic Signals, EAGLE SIGNAL CO., Davenport, Iowa $8,548.50 Lot VI Pedestrian Signals and Push-button Unit, • EAGLE SIGNAL CO., Davenport, Iowa $656.00 Lot VII Traffic Signal Control Cable, SIGNAL ENGINEERING CO., Corpus Christi, Texas $7,900.00 Lot VIII Cabinets, GAMMATRONIX, INC., Dublin, Ohio $680.00 $66,106.50; APPROPRIATING AND REAPPROPRIATING A TOTAL OF $66,106.50, OF WHICH $58,206.50 IS OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220-72-14.2, AND $7,900 IS OUT OF THE NO. 102 GENERAL FUND, ACTIVITY 3412, CODE 245; 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". N Reg r Council Meeting February 4, 1976 Page 18 ORDINANCE NO. 13012 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 BENITA L. LOPEZ, BY GRANTING A SPECIAL PERMIT FOR A FLOWER SHOP, ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, ON LOT 8, BLOCK 4, GOLLIHAR PARK #2, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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". ORDINANCE NO. 13013 APPROPRIATING OUT OF THE NO. 218 TRANSIT BOND FUND FOR PROJECT NO. 218-72-2, BUS REPLACEMENT - 1975 CAPITAL IMPROVEMENTS, $61,820 FOR THE PURCHASE AND INSTALLATION OF TWO-WAY RADIO EQUIPMENT FOR TRANSIT BUSES, AS PROVIDED IN THE 1975 UMTA CAPITAL GRANT PROJECT NO. TX -03-0020, $39,000 OF WHICH IS AUTHORIZED FOR THE PURCHASE OF 35 TWO-WAY RADIOS AND RELATED EQUIPMENT THROUGH THE COASTAL BEND COUNCIL OF GOVERNMENTS, TO TAKE ADVANTAGE OF A FAVORABLE CONTRACT BETWEEN THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND THE GENERAL ELECTRIC CORPORATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Gill, Lozano and Sample, present and voting "Aye"; Tipton and Gulley voting "Nay". Mayor Luby requested that the Council be polled for their vote on the ordinances. City Secretary Read stated that according to his tabulation all ordinances voted upon passed. ' Dr. Tirchwell addressed the Council relative to a storm sewer pipe on his property on Up River Road near 1.H. 37. He requested that the Council instruct the Staff to look into the matter to avoid some problem in the future when he starts to develop it. City Manager Townsend explained that this was a natural flow, and that the easement was by prescription. He further explained that the Staff would look into it and be in touch with Dr. Tirchwell . Mr. Paul Vogler addressed the Council relative to a phone call he had received from Mrs. Bennett, 802 Omaha Drive, who stated a City inspector had told one of her renters that she did not have to pay her rent because the area where she lived was going to be incorporated into the industrial complex area north of I.H. 37. City Manager Townsend responded that no representative of the City has any authority whatsoever to make such a comment, and requested the name of the City employee, if the person actually was a City. employee. There being no further business to come before the Council, on Motion by de Ases, seconded by Sample and passed, the Regular Council Meeting of February 4, 1976 was adjourned at 6:25 p.m.