HomeMy WebLinkAboutMinutes City Council - 04/07/19765
PRESENT:
Mayor Jason Luby
Mayor Pro Tem Bill Tipton
Council Members:
Eduardo de Ases
Bob Gulley
Gabe Lozano, Sr.
Edward Sample
Mayor Luby called the meeting to order in the Council Chambers of City Ha],1.
The Invocation was given by Dr. Jack Chastain, Pastor of the Morgan Avenue
Baptist Church.
City Secretary Read called the roll and stated there was a quorum of the Council
and the necessary Charter Officers present to have a legally constituted meeting.
Motion by Tipton, seconded by Lozano and passed unanimously, that the Minutes
of the Regular Council Meeting of March 24, 1976 be approved as submitted to the Council.
,Mayor Luby introduced the Honorable Erik Martell, Envoy of His Catholic Majestic
Juan Carlos I, King of Spain, relative to the recommendation that the City of Santa Cruz
de Tenerife, Spain be invited to become a Sister City to Corpus Christi. Santa Cruz is
located on one of the Canary Islands; its coastal location, climate, port and tourist
industry provide many characteristics similar to Corpus Christi; and the Sister City
Committee so recommends. Mayor Luby presented an honorary citizen's certificate to Mr.
Martell and welcomed.him to the City and the Council Meeting.
Dr. Richard Moore, Chairman of the Corpus Christi American Revolution Bicentennial
Commission, presented an official American Revolution Bicentennial flag to Mr. Martell,
citing the constributions of the Spanish to the American Heritage.
City Manager Townsend next presented the Resolution inviting the city of Santa
Cruz to become a Sister City to Corpus Christi.
Motion by Lozano, seconded by Gulley and passed unanimously, to accept the
Resolution as presented by the City Manager, as follows:
RESOLUTION NO. ]712(,
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
APRIL 7, 1976
2:00 P.M.
City Manager R. Marvin Townsend
City Attorney J. Bruce Aycock
City Secretary Bill G. Read
RESOLUTION INVITING THE CITY OF SANTA CRUZ, SPAIN, TO BECOME A SISTER CITY OF THE
CITY OF CORPUS CHRISTI, AND CONVEYING THE WARMEST REGARDS AND DEEPEST FRATERNAL SENTI-
MENT OF THE PEOPLE OF CORPUS CHRISTI TO THE PEOPLE OF SANTA CRUZ; AND DISPENSING WITH
THE CHARTER RULE OF THREE READINGS OF A RESOLUTION.
The Charter Rule was suspended and the foregoing Resolution wan pasncd by the following,
vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; C111
absent.
MICROFILM
SEP O 2,1980
Minutes
Regular Council Meeting
April 7, 1976
Page 2
The Resolution was signed and presented to Mr. Martell, who thanked the
Council and Staff for their actions and expressed his warmest appreciation for the
hospitality he and his wife have received during their visit to Corpus Christi.
On behalf of the Spanish community of Corpus Christi, Mr. Juan Gussoni thanked
the Council and Staff for the Resolution.
Motion by Sample, seconded by Lozano and passed unanimously, that Council
Member Gill's absence from today's meeting be excused.
Mayor Luby recognized Mr. John Forehand III of the Community Development Corp.,
who introduced three young people who will be working in Corpus Christi with the VISTA
program.
Mayor Luby urged all citizens to tour Sergeant Floyd's Motor Vessel, a
Bicentennial exhibit docked at the Lawrence Street "T" Head; he commented that it is a
fine vessel, and also that the U. S. Army Corps of Engineers' film which is shown on
.board is excellent.
Mayor Luby called for the City Manager's Reports, and City Manager Townsend
presented the following items, with related comments and explanations:
a. Recommendation that a replacement trenching machine for Park Division
construction be purchased from Case Power & Equipment, Corpus Christi
on the basis of low bid of $5,195. Bids were received from 3 firms.
(Bid Tab #10-76)
b. Recommendation to receive bids at 11:00 a.m., Tuesday, April 27, 1976
for a Court Cyclorama Footlight for the Cole Park Amphitheater. The
footlights will perform their usual function and also be the only
light on the front 10 feet of the stage. Money has been allocated in
the 1972 bond election project for this purpose.
c. Recommendation that 21 self-contained pressure type breathing appratus
with back pack and carrying case for the Fire Department be purchased
from Sweeco, Inc., Corpus Christi on the basis of the most advantageous
bid of $9,634.80. The model bid by Sweeco is a Scott and is recommended
over the Globe -Guardsman model bid at.$9,095 by the low bidder Arthur Dooly
& Sons, Corpus Christi because the Scott model is 3-1/2 lbs lighter,
allows more peripheral vision, has a locking device which will not allow
air to be accidentally turned off, and contains a flexible connection
between the cylinder hose and regulator which allows the regulator to lay
flat against the wearer and thus, is not as likely to cause injury if
bumped or snagged while working in confined places. (Bid Tab i1l-76)
Bids were received from 4 firms. A price comparison reveals a decrease
of 3% over last purchase in March, 1974. 17 units are replacement, 4
will be used on the recently delivered new pumper.
d. Recommendation that a section of Jarvis Street from Paloma Street to South
Shores Estates Subdivision be added to the Paloma Street project and a
change order for $11,806.80 be authorized. This short section of Jarvis
Street provides the only access to South Shores Subdivision from Paloma
Street. The four abutting property owners have voluntarily agreed to pay
their share of the cost based on the Paloma Street assessment rates. An
appropriation of $12,000 is also recommended for the change order and related
expenses.
►, 4.
.Utes
Regular Council Meeting
April 7, 1976
Page 3
e.
g.
Recommendation that the contract for South Staples Street water line improve-
ments from Autotown Drive to Weber Road be awarded to Heldenfels Brothers
for $397,186.75, and $420,000 be reappropriated including engineering,
inspection, laboratory testing and related expenses. The project replaces an
old water main with which the City has had a number of problems because of
corrosion and breakage.
Recommendation that bids be received at 11 a.m., Tuesday, April 27, 1976 for
the following cars, window vans and pickups for various divisions of the City:
1 standard sedan
34 intermediate sedans with police package
8 compact sedans
4 sub -compact sedans
2 3/4 ton window vans
21 1/2 ton pickups
2 3/4 ton pickups
1 1 ton pickup
The need for each vehicle has been reevaluated resulting in the recommended
purchase of 12 less vehicles than originally budgeted. Intermediate size
sedans are again recommended for Police Patrol and Traffic Divisions. In
other police operations, such as Criminal Investigation, Special Services
and Community Services, compact sedans are recommended. Sub -compacts in
lieu of compacts are recommended for City field operations such as the
Tax Office, Meter Reading and Construction Inspection. In a number of
cases, engine sizes have been reduced. The reduction in the number of
vehicles and in vehicle size should result in an approximatecost reduction of
$48,800.
Recommendation that an application be submitted to the Texas Water Rights
Commission for the necessary permits for construction of Choke Canyon reservoir.
The application will be co-sponsored by the City and the Nueces River Authority
and will ask for authority to construct a 700,000 acre foot reservoir at a
normal operating level of 220.5 feet elevation on the Frio River with a normal
surface area of 26,000 acres. The reservoir will capture the drainage from
5,530 square miles. The permit will ask for authority to use 139,000 acre feet
of water per year. The application is coisistent with the Water Rights provision
of the contract with the Nueces River Authority and is scheduled to be presented
to the Authority at its meeting on April 15.
h. Recommendation that the Nueces River Authority contract be amended to provide
additional security behind the proposed bonds of the Authority. The amendment
would make the City's payments to the Authority the highest priority operation
and maintenance expense, coming immediately after payments to the Lower Nueces
River Water Supply District for the purchase of water. The amendment would
also delete any reference to the $900,000 advance payment during 1975-76
because this section has been replaced by the advance payment contract with
the Bureau of Reclamation which provided for payments of $18,250,000. The
Nueces River Authority will consider these amendments at its meeting on April
15th.
i. Recommendation that the proposed contract between the Bureau of Reclamation,
Nueces River Authority, and City of Corpus Cwisti be approved. This contract
will incorporate the previously approved advance payments contract through
which $775,000 has already been paid to the Bureau for contracts approved and
to be approved through June 30th. The contract establishes the obligation of
the local sponsors to pay back $26,333,000 plus approximately 4.6 million
dollars of interest during construction for municipal and industrial water
purposes, $7,766,000 plus approximately $517,000 of interest during construction
for recreation purposes if recreation revenue: are sufficient to make such
payments and $106,000 plus approximately $4,700 for fish ane wildlife
improvements if revenues from fish and wildlife activities are sufficient tc
meet such costs. If the total cost is $82,021,000 the ultimate distribution
of costs will be $53,132,000 to local sponsors and $28,889,000 to the Cederal
government. Each share will have its related interest during construction
added. Before the contract would become effective it will need the approval
Minutes
Regular Council Meeting
April 7, 1976
Page 4
j•
of the Nueces River Authority, the Secretary of ]nterior, and attorneys for
all parties; a decree of the District Court that the contract is lawful, valid,
and binding; and approval by the Texas Water Rights Commission of the required
water rights and permits. The repayment obligation for municipal and industrial
water would extend 40 years from the date of completion of the dam and its
impoundment of water and 50 years for recreation and fish and wildlife repayments.
Recommendation that an escrow agreement be approved with the City's depository
bank, Corpus Christi Bank and Trust, to enable the City to keep the Choke Canyon
cash invested until it is actually needed for expenditure payments. Without
this agreement the money must be transferred to the Bureau of Reclamation
before they award contracts and no one will benefit from the interest which
could have been earned from the time of the contract award until the money is
actually paid out. The Bureau of Reclamation will have the right to draw
against the escrow account at any time after they have provided the proper
request to the City for payment.
k. Recommendation that the Electrical Licensing Ordinance be amended to
provide that only one of the two electrical engineer members of the 9 -
member Electrical Advisory Board must be a registered engineer and that
the other member must be a engineering graduate with five years of
experience. The ordinance presently requires that two members be registered.
1.
Recommendation that the lease agreement with the Nueces County Mental Health -
Mental Retardation Community Center for use of a City -owned house at 823
Furman be amended, prior to second reading, to increase the required public
liability insurance policy from $5,000/$10,000/$5,000 to $100,000/$300,000/
$50,000. The increased insurance limits will provide better protection for
the City and public and make the insurance requirements with this lease
consistent with those of other City leases. The MH -MR Staff does not object to
this amendment.
m. Recommendation that bids be received on May 5, 1976 for a one-year lease of
minerals underlying the following tracts of City -owned land (approximately
two acres): the park between Longview East and Longview West in'Block 3 and
Block 8 of Westgate Heights Subdivision and Westgate Park on Longview West.
The minimum acceptable lease must include a $100 bonus, a 3/16 royalty, and
a statement accepting the prohibition of a drill site on the surface of said
three tracts.
n. Recommendation that a 6 -month bicycle rental concession on the Lawrence Street
T -Head be granted to Mr. Robert L. Leth. Mr. Leth proposes to purchase 20
new bicycles and to pay the City 10% of gross revenues. No permanent structure
will be required. The bicycles will be transported to and from the T -Head
each day. Mr. Leth has been only one to express an interest in such a
concession.
o. Recommendation that a public hearing be held at 3:30 p.m. on April 21, 1976 on
the request of Reverend Elliott Grant to change the name of Buffalo Street from
Upper Broadway to Stillman and Bagnall from Stillman to Nueces Bay Boulevard to
Martin Luther King Drive.
No one from the audience spoke regarding the City Manager's Reports.
Motion by de Ases, seconded by Sample and passed unanimously --with Luby voting
no on item "f" --that the City Manager's Reports be accepted, and items"a" through "0"
be granted, approved and adopted, as presented by City Manager Townsend.
City Manager Townsend next presented the 1975-76 applications to the Urban Mass
Transportation Administration for a capital assistance project of approximately $385,000,
of which $307,000 is the Federal share and $78,000 the local share; and an operating
assistance project of approximately $805,000, of which $402,500 is the Federal share and
$402,500 the local share.
s •
es
Regular Council Meeting
April 7, 1976
Page 5
Mr. Mark Gresham, Budget Director, distributed to the Council copies of his
memo giving a breakdown of the operating project and the capital project. (Full transcript
attached.)
No one from the audience spoke concerning the application.
Motion by Lozano, seconded by Sample and passed unanimously, that the hearing
be closed.
Motion by Lozano, seconded by Gulley and passed unanimously, to authorize
submission of the application.
City Manager Townsend next presented the Resolution regarding same. No one from
the audience addressed the Council relative to it. The vote was taken and the Resolution
passed unanimously, as follows:
RESOLUTION NO. 13127
RESOLUTION AUTHORIZING THE FILING OF A GRANT APPLICATION FOR SECTION 5 FUNDS WITH THE
DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, UNDER THE URBAN MASS TRANSPOR-
TATION ACT OF 1964, AS AMENDED, DESIGNATING THE CITY MANAGER AS THE AUTHORIZED REPRESEN-
TATIVE, AUTHORIZING HIM TO SIGN SAID GRANT APPLICATIONS, THE ACCEPTANCE OF THE GRANTS
WHEN MADE, AND ANY OTHER NECESSARY DOCUMENTS REQUIRED TO COMPLETE THE PROJECTS; AND
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.
City Manager Townsend next presented the ordinances, with related comments and
explanations. No one from the audience spoke relative to the ordinances. Mayor Luby
called for the vote, and City Secretary Read stated that according to his tabulation all
ordinances voted upon passed, as follows:
FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT BETWEEN
THE BUREAU OF RECLAMATION, NUECES RIVER AUTHORITY, AND THE CITY OF CORPUS CHRISTI
CONCERNING CONSTRUCTION, OPERATION AND MAINTENANCE OF THE NUECES RIVER PROJECT, TEXAS
(CHORE CANYON RESERVOIR PROJECT), A SUBSTANTIAL COPY OF SAID PROPOSED CONTRACT BEING
ATTACHED HERETO, MARRED EXHIBIT "A", AND MADE A PART HEREOF FOR ALL INTENTS AND PURPOSES
AS IF COPIED VERBATIM HEREIN.
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.
FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO
THE CONTRACT BETWEEN THE NUECES RIVER AUTHORITY AND THE CITY OF CORPUS CHRISTI ON
NUECES RIVER RECLAMATION PROJECT, TEXAS (CHOKE CANYON RESERVOIR PROJECT), AS MORE
FULLY SET FORTH IN THE PROPOSED AMENDMENTS, A SUBSTANTIAL COPY THEREOF BEING ATTACHED '
HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A".
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.
Minutes
Regular Council Meeting
April 7, 1976
Page 6 "
FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION
TO THE TEXAS WATER RIGHTS COMMISSION FOR THE NECESSARY PERMITS FOR CONSTRUCTION OF THE
CHOKE CANYON RESERVOIR, A SUBSTANTIAL COPY OF SAID APPLICATION BEING ATTACHED HERETO
AND MADE A PART HEREOF, MARKED EXHIBIT "A".
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.
Motion by Tipton, seconded by Gulley and passed unanimously, that.the lease
agreement with Nueces County Mental Health -Mental Retardation Community Center for use
of the facilities located at 823 Furman Street for an adult activity center program,
authorized by ordinance and incorporated therein for all purposes, read on the first of
three readings on March 31, 1976, be amended prior to the second reading of said
ordinance, as follows: Change in Paragraph C of Item 1 the requirements to provide for,
a $100,000/$300,000/$50,000 public liability insurance policy instead of a $5,000/$10,000/
$5,000 policy.
•
SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A 3 -YEAR
LEASE AGREEMENT, WITH OPTION TO RENEW FOR TWO 1 -YEAR PERIODS; WITH NUECES COUNTY MENTAL
HEALTH -MENTAL RETARDATION COMMUNITY CENTER, FOR USE OF FACILITIES LOCATED AT 823 FURMAN
STREET FOR AN ADULT ACTIVITY CENTER PROGRAM, A SUBSTANTIAL COPY OF WHICH AGREEMENT,
MARKED EXHIBIT "A", IS ATTACHED HERETO AND MADE A PART HEREOF.
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 CORPUS CHRISTI CITY CODE, AS AMENDED „ BY
AMENDING SECTION 21-68, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, SO AS TO PROVIDE
FOR A SPEED LIMIT OF 35 MILES PER HOUR ON WEBER ROAD FROM SOUTH STAPLES STREET TO
SARATOGA BOULEVARD; TO PROVIDE FOR A SPEED LIMIT OF 35 MILES PER HOUR ON HOLLY ROAD FROM
RODD FIELD ROAD TO KOSTORYZ ROAD, AND 45 MILES PER HOUR KOSTORYZ ROAD TO LOS ROBLES;
AND TO PROVIDE FOR A SPEED LIMIT OF 40 MILES PER HOUR ON BUSH AVENUE FROM LOS ROBLES TO
A POINT 900 FEET NORTH OF LOS ROBLES, AND 45 MILES PER HOUR FROM A POINT 900 FEET NORTH
OF LOS ROBLES TO PADRE ISLAND DRIVE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
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.
ORDINANCE NO. 13121
THIRD READING OF AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE
CITY OF CORPUS CHRISTI, TEXAS; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF
CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED, AND
PROVIDING FOR THE EFFECTIVE DATE OF SUCH CODE AND A PENALTY FOR THE VIOLATION THEREOF;
PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN THIS ORDINANCE SHALL
BECOME EFFECTIVE.
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. 13122
AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 2 TO THE CONTRACT WIT#i ASPHALT
MAINTENANCE COMPANY, INC., FOR CONSTRUCTION IMPROVEMENTS TO PALOMA STREET, SAID CHANGE
ORDER TO PROVIDE FOR INCREASING THE SCOPE OF THE ORIGINAL CONTRACT TO INCLUDE IMPROVE-
MENTS TO JARVIS DRIVE; APPROPRIATING $12,000 OUT OF THE NO. 220 STREET BOND FUND, OF
WHICH $11,806.80 IS FOR THE CHANGE ORDER AND $193.20 IS FOR INCIDENTAL AND RELATED
EXPENSES, APPLICABLE TO PROJECT NO. 220-72-1.6; AND DECLARING AN EMERGENCY.
Charter Rule was suspended and the foregoing ordinance was passed by the following_
•
Luby, Tipton, de Ases, Gulley, Lozano•and Sample, present and voting "Aye";
—ent.
Minutes
Regular Council Meeting
April 7, 1976
Page 7
ORDINANCE NO. 13123
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS FOR
CONSTRUCTION OF THE SOUTH STAPLES STREET WATER LINE IMPROVF.MENT1;; APPROPRIATING AND
REAPPROPRIATING A TOTAL OF $420,000 OUT OF WHICH $18,273.33 IS OUT OF THE NO. 202
WATER SYSTEM BOND FUND, ALL BEING FOR THE CONSTRUCTION CONTRACT, APPLICABLE TO PROJECT
NO. 202-68-36, AND $401,726.67 IS OUT OF THE NO. 141 WATER SYSTEM FUND, ACTIVITY
5171, CODE 502, OF WHICH $378,913.42 IS FOR THE CONSTRUCTION CONTRACT AND $22,813.25
IS FOR INCIDENTAL AND RELATED EXPENSES; 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. 13124
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ESCROW AGREEMENT WITH THE CORPUS CHRISTI
BANK & TRUST, THE CITY'S DEPOSITORY BANK, TO PERMIT INVESTMENT OF FUNDS FOR THE NUECES
RIVER PROJECT (CHOKE CANYON RESERVOIR) UNTIL SAID FUNDS ARE NEEDED FOR EXPENDITURES,
ALL AS MORE FULLY SET FORTH IN THE ESCROW 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. 13125
AMENDING ORDINANCE NO. 9499, GENERALLY REFERRED TO AS THE "ELECTRICAL LICENSING ORDINANCE
OF THE CITY OF CORPUS CHRISTI," AS AMENDED, BY AMENDING PARAGRAPH (c) OF SECTION 1-2
SO AS TO PROVIDE THAT ONE OF THE TWO ENGINEERING MEMBERS OF THE ELECTRICAL ADVISORY
BOARD MUST BE A REGISTERED ENGINEER IN THE STATE OF TEXAS AND THE OTHER SHALL HAVE A
BACHELOR OF SCIENCE IN ELECTRICAL ENGINEERING WITH A MINIMUM OF FIVE (5) YEARS EXPERIENCE
IN ELECTRICAL ENGINEERING; 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. 13128
AUTHORIZING A SIX-MONTH BICYCLE RENTAL CONCESSION CONTRACT ON THE LAWRENCE STREET T -HEAD
WITH ROBERT L. LETH, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY
OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING
AN EMERGENCY. .
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill
absent.
Mayor Luby called for petitions or information from the audience, and Mr. Larry
French, 3510 Aransas Street, speaking for Mr. Frank Davis, presented a petition (No.
5-76) from about 90% of the property owners on Port Avenue between Agnes Street and Morgan
Avenue, in opposition to the City's proposed improvements in the area involving new
curbs, gutters and sidewalks, as they feel their present curbs, gutters and sidewalks
are adequate; and stating that if any improvement is to be done, that it be confined
to merely pavement resurfacing. He also presented a petition (No. 6-76) from customers
and merchants of property located in the same area requesting that the City's plans
involving changes in traffic patterns, parking, curbs, gutters, etc. in the area not
be installed as proposed; and stating that since the plan would involve removal of the
safety island in the center of the street, they feel it would create more hazardous
conditions for children and others crossing Port Avenue; that they believe simple
Minutes
Regular Council Meeting
April 7, 1976
Page 8
resurfacing of the street would be adequate. He acknowledged that in response to
comments from property owners at a previous meeting, Mr. Lontos and his Staff did
alter and reduce their plans for the project; however, that they feel the improvements
still proposed are somewhat unnecessary and excessive.
City Manager Townsend explained the assessment procedure and added that before
awarding of the contract for the construction there would be a public hearing which
would give property owners and concerned citizens an opportunity to discuss, or ohject
to, their respective assessments.
Mr. Mark Johnstone, co-owner of Sanborn's International Travel Service, asked
Council and citizen support of the arrival on April 9 of the SS Veracruz, citing that
to his knowledge it will be the first time a cruise ship has come into the Port of
Corpus Christi. He explained that the ship will be leaving for two trial cruises; that
the acceptance of the cruises so far has been very good, with people from both inside
and outside of the state making reservations. He mentioned the possibility of scheduling
more cruises from Corpus Christi later in the summer; adding that although the Veracruz
is presently based in New Orleans, there are several advantages to its later being
based in Corpus Christi, if the response here is favorable. Mr. Johnstone stressed
that while this is a commercial endeavor, it is also of benefit to the City, as the
cruises will bring hundreds of people into the city with the potential of contributing
greatly to the local tourism industry. He urged the Council to attend the press conference
on board the ship Friday afternoon; he also asked the Council's assistance in acquiring
a school band or the Navy band to greet the Veracruz when it comes into the port.
Mayor Luby promised that the Council would do all it could to help with the
promotion.
Mrs. Betty Brandesky addressed the Council and complained of discourteous
treatment and inadequate procedures taken by several employees in the City tax office
to notify her that her personal property taxes were due and delinquent. She explained
that two days ago she received a phone call from the tax office that her personal
property taxes of $95 on some farm equipment had been delinquent for two years, and that
if she didn't pay them she would be taken to court. She also hotly protested the
amount of the assessment at some $1,200; and the fact that the tax bills and delinquent
notices had apparently been mailed to an address at which she "hadn't lived for seven
years" and subsequently never received. She stated she was totally unaware of the law
•
1 es
Regular Council Meeting
April 7, 1976
Page 9
whereby a person must render his personal property by April 1 of each year; and blamed
the City for not taking measures to inform the public of this requirement.
At Council Member Gulley's suggestion, a member of the Staff will consult
with her regarding her complaints; and she was advised that if the matter isn't settled
to her satisfaction within two weeks, to report back to the Council.
The Council set Saturday, April 24, 1976 as the date of their next informal
Workshop Meeting.
There being no further business to come before the Council, on Motion by de Ases,
seconded by Sample and passed unanimously, the Regular Council Meeting of April 7, 1976
adjourned at 3:55 p.m. _
FULL .TRANSCRIPT OF TESTIMONY PRESENTED AT PUBLIC HEARING ON TRANSIT GRANT APPLICATIONS naLD
APRIL 7, 1976.
Townsend: Mr. Mayor, I will ask the Staff to make a presentation in this regard, but the
matter before you is the second -year application or the second application to the
Urban Mass Transportation Agency Administration for a capital assistance project
of approximately $385,000, involving $307,000 of federal share and $78,000 of
local share, and we would expect to receive the substantial part of that local
share from the State if the present program which is now under way at the State
level continues. The key part is really the operating assistance grant -of
approximately $805,000, of which $402,500 is the federal share and the same
amount the local share. In essence this is the request for the second federal
subsidy of the transit system, the first grant having finally gotten here just a
few days ago. And the forms have arrived and they will be processed the next few
days and sent back to Washington as you authorized last week. I'd like to ask
Mr. Gresham to summarize the program, and we will be recording this as there does
have to be a transcript of the meeting sent in; and those who appear need to have
their names recorded in the usual manner.
Luby: Very good.
Townsend: Mark, if you will do that, please.
Gresham: You have before you an application for operating assistance and for assistance in
acquisition of capital equipment for the Corpus Christi City Transit System under
provisions of Section V of the Urban Mass Transportation Act. That Section of the
Act provides that a certain amount of funds is allocated each year to each eligible
city for both operating and capital assistance projects. It is also specified that
the applicant must use as much of the allocated funds for operational assistance
as they can qualify for in that particular fiscal year; and then it also provides
that any funds remaining can be utilized in capital acquisition projects. This
year we have approximately $614,000 allocated to the City of Corpus Christi under
the provisions of Section V. This application for operating assistance or the
Section of this application for operating assistance provides for an operation
assistance grant in the amount of $402,476. This grant application is based upon
our estimated budget expenditures and is consistent with the 1975-76 transit budget
as amended. The balance of the funds for the 1975-76 fiscal year plus approximately
$120,000 of excess funds which were carried over from the previous year are to be'
utilized in a project to acquire approximately $385,000 of capital equipment for
the transit system. That equipment to be acquired includes four 25- to 28 -passenger
air-conditioned diesel transit buses, replacements of our present buses; two 45 -
passenger air-conditioned diesel transit buses, which are also replacements; one
air-conditioned 15- to 20 -passenger bus for handicapped and elderly; the replacement
of one wrecker; seven two-way radios; the purchase of seven registering fare boxes;
and approximately $28,000 to continue the shelter program which is a part of our
74-75 or, excuse me, 1975 capital assistance project. The capital assistance project
will be financed by the Urban Mass Transportation Act in the amount of $307,000;
the City will contribute $27,353 from the transit bond fund and the State of Texas
Public Transportation Trust Fund will contribute $50,797 to finance that portion
of the capital project. The items within the capital project are consistent with
the provisions of the preliminary transit development plan which is in the process
of being revised and resubmitted to the City of Corpus Christi at this time. Are
there any questions about the program at this time?
de Ases: Mr. Mayor.
Luby: Yes, Mr. de Ases.
de Ases: I'm not sure that I understood one of your comments. I thought I heard you say
something about a specific amount of money somewhat in excess of $100,000 that
was carried over. Is that what I understood you to say?
Gresham: Yes, sir.
de Ases: What was the figure? I don't see it here.
Luby: $120,000.
(Tk.. _..RIPT OF PUBLIC HEARING - APRIL 7, 1976)
PAGE 2
Gresham: During the last fiscal year the City of Corpus Christi had approximately $369,000
in Section V funds which was allocated to the City, and our initial application
was submitted on that basis. After various revisions to our application the City
was determined to be eligible for $240,000 of Section V funds. And we are allowed
to carry over any surplus funds for one more fiscal year, so we can utilize those
funds in our capital project during this fiscal year. We're simply taking advantage
of all the funds available, and basically, most of it is going into ourbusreplace-
ment program.
de Ases: But the exact figure that you mentioned was, what, $125,000?
Gresham: It's the difference between $369,000 and $240,000, which is $129,000.
de Ases: Thank you.
Townsend: The buses being purchased this year are coming out of -
Gresham: - - - of Section III.
Townsend: It's called Section III, capital grant program.
Tipton: Okay, Section V is operating, right?
Gresham: Operating and capital assistance.
Townsend: Right. And this request here is all out of Section V.
Gresham: Yes, sir.
Townsend: In essence you're supposed to be using Section V first. We, for the first year,
had made the request under the operating subsidy to utilize all of the resources
available and went the capital grant route to get the buses; but we have to first
show that we're using the Section V money before we try to make a Section III
application.
Gresham: That's correct.
Luby: Mark, it's not clear on the item "c", $402,476. I don't understand the difference
between the two, $402,477.
Gresham: Oh, the difference between the 476 and 477 is that when you divide $804,953 you
get 50p on the end; and I was informed by one of their staff members that they
always round upwards, so the other additional 50e was allocated to us.
Luby: Okay, well, that's not specifically what I had in mind, but I'm glad to know that.
The federal share is 402 and the local share is 402. Is that correct?
Gresham: Yes, sir.
Luby: For a total of $804,953.
Gresham: Yes, sir.
Luby: Where are we going to get the $402,000?
Gresham: That comes from the transit revenues, and it basically involves profits from our
charter business, profits on sale of fuel to other departments and other agencies
and other non -fare box revenues.
Townsend: The difference between actual cost of service and the income --it's not really
profits --profit means offsetting the whole cost, but for instance the difference
between the cost of fuel and what the transit system charges the various activities
is a factor in here.
Luby: We will not have to take funds from the general fund to support this?
Gresham: We will take approximately - - -
(th. _,RIPT OF PUBLIC HEARING — APRIL 7, 1976)
PAGE 3
Townsend: No, wait, they've already done it.
Gresham: Yes, you have already budgeted funds in the general -fund for the transit fund.
Townsend: The ordinance passed last week which modified the general fund and modified the
transit fund and modified revenue sharing was to accomplish this.
Luby: Okay.
Gresham: And that is consistent with this application.
Luby: But the funds that were derived from the profits of the bus, if you want to call
them profits, are combined with this.
Gresham: Yes, sir.
Townsend: Yeah, but there's no real profits; that's the point I was trying to make; the
difference between the direct cost of operation and the direct income.
Gresham: Yes.
Luby: Very good.
Townsend: In other words, all the overhead goes into this factor.
Luby: That's all I wanted to hear. That's so simple, and it took so long.
Gresham: Any questions?
Luby: Gentlemen? Thank you, Mark. Is there comments from the audience? Questions or
comments on the proposal here on the public hearing, the bus proposal. Any
comments from the audience? I assume there are none.
Lozano: I make a motion to close the hearing.
Luby: We have a motion by Mr. Lozano to close the hearing.
Sample: I second it.
Luby: Seconded by Mr. Sample. Discussion on the motion? Question? All in favor of the
motion signify by stating Aye. (Aye). Opposed the same sign. The motion carries
and the hearing is closed. Do I hear a motion to accept the plan?
Lozano: Do we have to make a motion to accept that application?
Townsend: To authorize the application? What is it; what's the correct authorization action?
Gresham: A resolution authorizing submission of the application.
Townsend: And that is on the formal agenda as item "1".
Lozano: I so move.
Luby: We have a motion by Mr. Lozano authorizing the resolution to submit the application.
Gulley: Second.
Luby: Seconded by Mr. Gulley. Discussion on the motion?
Townsend: That is the item set forth as item "1" under the ordinances.
Luby: The item set forth as item "1" under the ordinances.
(TRAnaCRIPT OF PUBLIC HEARING - APRIL 7, 1976)
PAGE 4
RESOLUTION NO. 13127
RESOLUTION AUTHORIZING THE FILING OF A GRANT APPLICATION FOR SECTION 5 FUNDS WITH THE
DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, UNDER THE URBAN MASS TRANSPORTATION
ACT OF 1964, AS AMENDED, DESIGNATING THE CITY MANAGER AS THE AUTHORIZED REPRESENTATIVE,
AUTHORIZING HIM TO SIGN SAID GRANT APPLICATIONS, THE ACCEPTANCE OF THE GRANTS WHEN MADE, AND
ANY OTHER NECESSARY DOCUMENTS REQUIRED TO COMPLETE THE PROJECTS; AND DECLARING AN EMERGENCY.
Luby: Discussion on the motion? Question. All in favor of the motion signify by stating
Aye. (Aye). Opposed. The motion carries.