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HomeMy WebLinkAboutMinutes City Council - 07/14/1976PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton • Council Members: Eduardo E. de Ases Ruth Gill Bob Gulley Gabe Lozano,'Sr. Edward Sample ' MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 14, 1976 2:00 P.M. City Manager R. Marvin Townsend ' City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Pro Tem Tipton called the meeting to order in the Council Chambers of City Hall. (Mayor Luby was temporarily delayed while conducting official City business in the Mayor's office.) The Invocation was given by Reverend David Spencer of Gateway Christian Center Assembly Church. City Secretary Read called the roll and stated there was a quorum of the Council i and the necessary Charter Officers present to have a legally constituted meeting. Motion by Lozano, seconded by Sample and passed unanimously, that the Minutes of the Special Meeting of June 29-30, 1976, be approved as submitted to the Council. (Mayor Luby arrived at this time.) Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented the following items, with related comments and explanations: _ I ' a. Recommendation that a public hearing be held at 3:30 p.m. during the Regular Council Meeting on August 4, 1976 on the following zoning application: 1. Ms. Frances W. Beckman: "A-1" & Special Permit to "AB", located on the northeast corner of Park Avenue and South Tancahua Street. b. Recommendation that a public hearing be held at a Special Council Meeting at 3:30 p.m. on August 11, 1976 on the following zoning applications: 1. Mr. J. R. Preis: "R -1B" to "A-1", located on the north side of Carolyn Street approximately 295' east of Wood Street. 2. Mr. V. A. Nolen: "FR" to "R -1B", located on the south side of Leopard Street immediately east of Western Hills Subdivision. 3. Mr. Theodore Smith: "B-1" to "B-4", located on the east side of Koetoryz Road approximately 314' south of Foley Drive. 4. Ma. Agnes A. Vick: "I-2" to "R -1B", located on the east side of Navigation Boulevard midway between Up River Road and Margaret Avenue. 5. Crestmont Properties: "R-lB" to "A-2" Tr. A, "R-2" Tr. B, "B-4" Tr: C, located along the east side of Kostoryz Road south of Holly Road. 0011.110 01,,E ,S�4 Minutes Regular Council Meeting July 14, 1976 Page 2 c. Recommendation that bid award for 1976-77 requirements of foundry items be made to the following low bidders: CORPUS CHRISTI PIPE & SUPPLY COMPANY, Corpus Christi • Lot I - 9 Items, Meter Boxes with Lids & Manhole Covers $27,413.30 Lot II - 9 Items, Valve Box Lids & Extensions 6,613.24 Lot III - 6 Items, Meter Boxes with Lids & Manhole Rings & Covers 3,331.95 $37,358.49 GULF STAR FOUNDRY, INC., Corpus Christi Lot IV - 1 Item, Inlet Frame & Gates 571.73 GRAND TOTAL $37,930.22 Bids were received from 3 firms. Price comparison reveals a decrease of 3.4%. ($id Tab (133-76) d. Recommendation that bid award for 1976-77 requirements of mechanical joint gate valves be made to the low bidder: McALLEN PIPE & SUPPLY CO., INC. Corpus Christi Lot I - 15 Items, Twin Disc Gate Valves 3" thru 12" Lot II - 5 Items, Twin Disc. Gate Valves 16" thru 36" GRAND TOTAL $32,380.26 $21,043.85 $53,424.11 Bids were received from 6 firms. Price comparison shows an increase of 2.8%. (Bid Tab 1134-76) e. Recommendation that bid award on three 1976-77 annual supply contracts be made to the following low bidders: E S C 0 COMPANY, Corpus Christi 241 Items, Malleable Fittings, Black and Galvanized $13,537.92 BIG THREE INDUSTRIES, INC., Corpus Cln isLi -- Oxygen Acetylene & Nitrogen Lot I - 7 Items Lot II - 1 Item $ 3,481.68 358.80 METALSALES, Corpus Christi, Steel Pipe, Black and Galvanized, 20,129 ft. $17,193.72 GRAND TOTAL $34,572.12 The apparent low bid of $16,739.42 on steel pipe by Phoenix Supply, Corpus Christi, is not a firm price bid. The bid of Metalsales is more economical because it is a firm bid with a difference of only $454.30, or 3%. Bids were received from 13 firms. Price comparison shows an increase of 2% (4% on steel pipe.) (Bid Tab 4135-76) f. Recommendation that bid award on six 1976-77 annual supply contracts be made to the following low bidder: DOUGLASS W. KING CO., San Antonio, 3400 lbs. Bermuda Grass Seed $ 2,856.00 CENTEX CEMENT CORP., Corpus Christi, 870 Barrels Bulk Portland Cement 6,640.54 TRANS-TEX SUPPLY CO., San Antonio, Lot II Drill Bits (11 items) $1,865.19; Lot III - Flanging Tools (5 items) $208.20 2,073.39 WATSON DISTRIBUTING CO., San Antonio, 160 Tons Commercial Fertilizer 15,680.00 MID-TEX METAL PRODUCTS, San Antonio, 1950 ft. Corrugated Pipe (various sizes) 15,645.00 TEXAS INDUSTRIES, INC., Corpus Christi, 2 items Flexible Plastic Gaskets 4.341.01 GRAND TOTAL $47,235.94 Res.,iar Council Meeting July 14, 1976 Page 3 8. No bids were received on 11 items of caulking tools and it is recommended that these items be purchased by informal bids as needed. The apparent low bids of $14,557.50 by Ramco Steel, Inc., Houston, and $15,188.25 by Wyatt Industries,.Inc., Houston, on corrugated pipe are not recommended because the former does not meet specifications and the latter is not a firm price bid. Since the differential on the latter is only $456.75, or 3%, the firm price bid is recommended. Bids were received from 18 firms. Price comparison shows a decrease of 1% (increase of 5% on corrugated pipe). 1 (Bid Tab #36-76) Recommendation that bid award for a six months' supply of steel pipe and coating and wrapping for the Gas Division be made to the following firms on the basis of low bid: GENSCO, INC., Uvalde, Texas 17,000 ft. 1" bare steel pipe 35,000 ft. 2" bare steel pipe 10,000 ft. 4" bare steel pipe $ 4,994.60 22,536.50 12,771.00 $40,302.10 GAIDO-LINGLE CO., INC., Houston i 17,000 ft. 1" bare steel pipe 1 $ 1,999.20 35,000 ft. 2" bare steel pipe i 5,477.50 10,000 ft. 4" bare steel pipe 2,930.00 $10,406.70 Less 1% term discount 52.03 $10,354.67 TOTAL $50,656.77 Bids were received from 11 firms. Price comparison shows an increase of 3% since February, 1976 on 1" pipe and approximately 64% on 2" and 3" pipe since last purchased in 1973. (Bid Tab 1/37-76) h. Recommendation that fire hose be purchased from C. C. Rubber and Specialty Company, Corpus Christi, on the basis of low bid as follows: 78 lengths 1-1/2" x 50' coupled fire hose $ 3,841.50 120 lengths of 3" x 50' fire hose with 2-1/2" couplings 13,092.00 $16,933.50 Less term discount 76.83 $.16,856.67 Bids were received from 10 firms. Price comparison shows a decrease of .5% on the 1-1/2" and 4% on the 3" hose. (Bid Tab #38-76) i. Recommendation that bid award on reflective sheeting and sign faces for the Traffic and Transit Department for school and construction signs be made on the basis of the only bid received: MINNESOTA MINING &MFG. CO., Dallas, Texas Lot I 4 Items School Sign Faces on Type I Enclosed Lense Sheeting $7,727.40 Lot II 15 Items Construction Sign Faces on Type II Sheeting 4,305.50 ,$12,032.90 • This material is being paid for by a grant from the Governor's Office of Traffic Safety. (Bid Tab #39-76) Minutes Regular Council Meeting July 14, 1976 Page 4 j• Recommendation that budgeted improvements to Fire Station No. 8, service drive and parking lot, be awarded to Asphalt Maintenance Company, Inc., for $8,013.85 and $8,300 be reappropriated including laboratory testing and related expenses. The project includes construction of a storm sewer from the station to Kostoryz to correct a drainage problem and reworking the existing parking lot and service drive. The station is located at Kostoryz and Sunnybrook. k. Recommendation that $1,350.00 be appropriated for appraisal services by Mr. Thomas F. Dorsey for Parcels 103 and 304 of the Corpus Christi Beach Park Site. These bayfront parcels are located north of Gulden Street and Sandbar respectively. The appraisals are needed in preparation for court proceedings because both the City and landowners have appealed condemnation awards. Parcel 103 is owned by Mr. Gordon P. and William Harrington and Ms. Jean I. Messick. The condemnation Commissioners award of $57,375 was made March 25, 1976. Parcel 304 is owned by Mrs. Ruth E. Juergens. The • condemnation award of $20,000 was made on March 4, 1976. 1. Recommendation that a parcel of land necessary for improvements to Airline Road from South Padre Island Drive to Williams Drive be acquired by con- demnation. This property is owned by Texas Star Distributing Company. Negotiations have been unsuccessful. The property is located at the southeast corner of the Padre Island Drive access road and Airline Road. The other parcel needed for the project has been acquired. m. Recommendation that the Corpus Christi Beach obstruction removal project be accepted and final payment of $12,878.52 for a total of $42,544.70 be made to Southwest-Rathgeber Company. Because of the problems associated with piling removal at the Davis property, the contractor overran the contract by 12 days. It was necessary to use larger equipment to pull piling in front of the Davis property rather than cutting them and thus the contract was exceeded by $1,100. It is recommended that a 12 -day extension be granted. n. Recommendation that the Lexington Industrial Center sanitary sewer lift station and force main improvements be accepted and final payment of $7,054.96 for a total of $57,311.95 be made to Maverick Construction Company. This project included a lift station, force main and gravity line to serve the area from Flour Bluff Drive to the Padre Motel. Mr. John Tucker, developer cfa tract of land being served, paid $18,200 of the project cost. The contractor exceeded construction time by 26 days, but due to the delivery problems in pump and pipe equipment, a 26 -day extension is recommended. o. Recommendation that the public hearing on the assessments for San Diego Addition, Old Brownsville Road, Nogales, Rambler and Roslyn Street Improvements including: 1. Sarita Street, Belton Street to Tarlton Street; 2. Bolivar Street, Crosstown Expressway to Sarita Street; 3. Niagara Street, Bolivar Street to Guadalupe Street; 4. Presa Street, Crosstown Expressway to Sarita Street; 5. Soledad Street, Niagara Street to Sarita Street; 6. Nogales Street, Port Avenue to Sarita Street; 7. Guadalupe Street, Port Avenue to Sarita Street; 8. Old Brownsville Road, Eastern Street to Morgan Street; 9. Nogales Street, McArthur Street to Eisenhower Street; 10. Roslyn Street, Rambler Street to Prescott Street; and 11. Rambler Street, Horne Road to Roslyn Street p• be closed, the corrected assessment roll of $135,011.25 be adopted, the construc tion contract be awarded to Asphalt Maintenance Company, Inc., for $357,578.65, and $373,000.00 be appropriated for the contract and related expenses. Recommendation that Parcels 98 and 99 of the Naval Air Station Safety Zones Land Acquisition, Project Area 2 be acquired from Mr. and Mrs. Kenneth G. Dubeau for the approved value of $6,000.00. Although the City has ceased acquisition at the Naval Air Station; Mr. Dubeau contacted City personnel and offered to sell. No additional appropriation is required. The property is located on Aviation Drive between Hornet Drive and the Naval Air Station. These are the only two lots unacquired in this particular block (Block 8, Naval Center). es h_,,,iar Council Meeting July 14, 1976 Page 5 q• Recommendation that authority be granted to submit an application to the Urban Mass Transportation Administration and to execute related grant contracts for $36,000 in technical studies assistance for transit planning, including continuous route evaluation, marketing efforts, and transit operating procedures review. The matching share of $9,000 will be provided through in-kind services. The proposed grant will pay the salaries of 3 additional positions (Planner II, Grade 31; Planning Technician I, Grade 18; and Clerk -Typist, Grade 12). Continuing transit planning is necessary to continue the City's eligibility for capital and operating assistance. This recommendation has been reviewed by the Transit Advisory Committee. Relative to item "q", Mayor Pro Tem Tipton questioned the $36,000 expenditure and the necessity of hiring three additional employees. City Manager Townsend gave a detailed explanation of the UMTA grant, saying that total transportation planning and transit planning are necessary to insure that the program will be certified. Under discussion from the audience regarding the City Manager's Report, Mr. Jim Newman, 1034 Peerman Place, asked how the City could condemn the property concerning item "1". City Manager Townsend explained the rules under which the City could acquire property; he also explained that the owner of that parcel has been contacted at least five times; that although he refuses to accept ithe City's offer for his land, he has not suggested what amount would be satisfactory to him. City Manager Townsend added acquisition of that property was necessary before the improvements could begin. Motion by Sample, seconded by Lozano and passed unanimously, that the City Manager's Report (items "a" through "q") be accepted and adopted, as presented by City Manager Townsend. City Manager Townsend next announced the hearing on the request of Mr. Hulen Hunt to disannex a 79.5 acre tract of land at the intersection of Saratoga Boulevard and South Staples Street; that the property was contractually annexed at the request of Mr. Hunt on December 11, 1974. He reviewed that State law provides that if City services substantially equivalent to services in other areas of the City with similar characteristics of topography, patterns of land utilization and population density are not furnished within three years of the date of annexation, the owners of 50X or more of the land in the particular annexed area may petition for disannexation. And if the governing body should fail or refuse to disannex the particular area within 90 days after receipt of a valid petition, the petitioners may file a disannexa- tion request in the District Court of the district in which the City is located. He distributed a copy of Article 970A of the State Statutes regarding same, and a memo from Chief Planner Larry Wenger reviewing the case. Mr. Townsend explained that the Staff does4not recommend disannexation. Mr. Travis Peeler, attorney representing Mr. Hunt, informed the Council that since annexation in late 1974, the total tax bill on the property has increased from Minutes Regular Council Meeting July 14, 1976 Page 6 $1,100 to over $9,000. He stated that the reason for the disannexation request is that there is no drainage available to enable development of the land; and estimated that Mr. Hunt would have to pay some $60,000 in taxes until such time as the drainage could be provided and construction of his subdivision started. Responding to Council Member de Ases' inquiry, City Manager Townsend clarified that in the Staff's opinion, Mr. Hunt could legally request disannexation at any time; but he would not have the right to go to court if his request was denied,until three years after the date of annexation. He also explained that the City is required to assist the developer in providing off -side drainage, but not to incur the total cost of the project; and he cited some instances where the developer had provided off -side drainage entirely at his own expense. He suggested that Mr. Hunt might work with the adjacent property owners who might absorb part of the cost of the work. Mr. Peeler responded that if the other property owners are not ready to develop and cooperate with Mr. Hunt in working out a solution to the drainage problem, there is nothing he could do. Mr. Peeler stressed that if the Council disannexed Mr. Hunt's land today, it was unavoidable that it would be reannexed at some future date, saying the City would have to expand in that area. He emphasized again that "it is unfair for Mr. Hunt to have to pay such an enormous tax burden when the property is of no use to him and he cannot develop it." Under direct questioning from the Council, Mr. Hunt stated that when he voluntaril} annexed the land in 1974 he assumed it would take five to eight years for the drainage to be provided, and he was willing to pay a reasonable increase in taxes over that period; but protests an increase from $1,100 to over $9,000 in the first year. Responding to a question from Council Member Gulley, Mr. Hunt replied that the valuation of his property has increased from approximately $50,000 to $270,000; and that he had appeared before the Board of Equalization relative to his assessment, explaining to them the reasons why the land could not be developed. Council Member Gulley brought out that property is currently assessed at 60% of market value, and asked Mr. Hunt if he thought his land was worth that amount. Mr. Hunt replied that he thought it was. Motion by Gulley, seconded by de Ases and passed unanimously, that the hearing be closed. There was further discussion among the Council. Council Member Gulley pointed out that the value of Mr. Hunt's property has gone up five times from what it was, and the adjacent properties are being developed; that he thinks it would set a bad .utes Regular Council Meeting July 14, 1976 Page 7 precedent to disannex it. Mayor Luby stated he was very much in favor of disannexing it; that he believes Mr. Hunt's taxes "were increased entirely too much and the Council would be doing him an injustice if they don't let him out of it." City Manager Townsend pointed out that the Staff feels the property has more services available to it now as vacant land than many areas of the City as occupied land; that drainage is the only service that is lacking. Council Member de Ases requested more legal information and data from the Staff. Motion by de Ases, seconded by Sample and passed unanimously, to table the item for two weeks. City Manager Townsend next presented the ordinances, with related comments and explanations. No one from the audience addressed the Council pertaining to the ordinances. City Secretary Read polled the Council for its vote, and stated that according to his tabulation all ordinances voted upon passed, as follows: SECOND READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY ADDING A NEW SECTION NUMBERED AND ENTITLED "SEC. 2-97 LIBRARY - FEES"; PROVIDING AN EFFECTIVE DATE; 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, Gill, Gulley, Lozano and Sample, present and voting "Aye". SECOND READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 EDITION, BY AMENDING SECTION 6-74, REDEMPTION OF IMPOUNDED ANIMALS OR FOWLS, SO AS TO INCREASE THE FEES FOR IMPOUNDMENT AND OBSERVATION AND TO CHARGE BOARDING FEE FOR DOGS AND LIVESTOCK; PROVIDING A SAVINGS CLAUSE; 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, Gill, Gulley, Lozano and Sample, present and voting "Aye". SECOND READING OF AN ORDINANCE AUTHORIZING SWANSON HEISTER WILSON CLAYCOMB (SHWC, INC.) OF CORPUS CHRISTI AND CAUDILL ROWLETT SCOTT OF HOUSTON, THE ARCHITECTS FOR THE COMMUNITY - CONVENTION CENTER, TO PROCEED WITH THE DESIGN DEVELOPMENT PHASE AND AUTHORIZING THE PROCUREMENT OF SERVICES FOR A FOUNDATION INVESTIGATION NECESSARY FOR THE PROJECT DESIGN; APPROPRIATING $160,000 OUT OF THE NO. 102 GENERAL FUND UNAPPROPRIATED FUND BALANCE, WHICH AMOUNT IS TO BE REIMBURSED FROM THE NO. 209 COMMUNITY -CONVENTION CENTER BOND FUND UPON THE SALE OF BONDS APPLICABLE TO PROJECT NO. 209-76-1, OF WHICH APPROPRIATION $146,117.11 IS FOR ARCHITECTURAL FEES AND $13,882.89 IS FOR THE FOUNDATION INVESTIGATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby voting "Nay". ORDINANCE NO. 13281 THIRDREADING OF AN ORDINANCE AMENDING ORDINANCE NO. 8879, THE LAND DRILLING ORDINANCE, AS AMENDED, BY AMENDING EXHIBIT "A" OF SUBSECTION 3.1 SO AS TO CHANGE THE BOUNDARIES OF DRILLING BLOCKS 1401, 1402 AND 1403 TO MORE PROPERLY REFLECT SUBSURFACE MINERAL OWNERSHIP AND RENUMBERING DRILLING BLOCK 1400 TO 1622, TO CORRECT A DUPLICATION IN NUMBERING, ALL AS IS SHOWN ON THE SKETCH ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". Minutes, Regular Council Meeting July 14, 1976 Page 8 ORDINANCE NO. 13282 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ASPHALT MAINTENANCE COMPANY, INC., FOR FIRE STATION NO. 8 PARKING LOT IM'ROVEMENTS; APPROPRIATING AND REAPPROPRIATING $8,300 OUT OF THE NO. 102 GENERAL FUND, ACTIVITY 3345, CODE 345, OF WHICH $8,013.85 IS FOR THE CONSTRUCTION CONTRACT AND $286.15 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, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 13283 APPROPRIATING $1,150 OUT OF THE SECOND ENTITLEMENT PERIOD AND $200 OUT OF THE THIRD ENTITLEMENT PERIOD, GENERAL REVENUE SHARING FUND, FOR A TOTAL APPROPRIATION OF $1,350, WHICH AMOUNT IS TO BE TRANSFERRED TO THE NO. 291 PARK BOND FUND, FOR PROJECT 291-72-12, FOR APPRAISAL SERVICES BY THOMAS F. DORSEY IN CONNECTION WITH THE ACQUISITION OF PARCELS 103 AND 304, CORPUS CHRISTI BEACH PARK SITES; 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. 13284 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI FOR ACQUISITION OF A PARCEL OR TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CITING ANY OTHER PARTIES WHO MAY HAVE AN INTEREST OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCEL NO. 1, FOR THE AIRLINE ROAD - SOUTH PADRE ISLAND DRIVE TO WILLIAMS DRIVE PROJECT, PROJECT NO. 220-72-8; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE RECORD OWNERS, TEXAS STAR DISTRIBUTING COMPANY, TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; 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. 13285 CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: 1. SARITA STREET, FROM BELTON STREET TO TARLTON STREET; 2. BOLIVAR STREET, FROM CROSSTOWN EXPRESSWAY TO SARITA STREET; 3. NIAGARA STREET, FROM BOLIVAR STREET TO GUADALUPE STREET; 4. PRESA STREET, FROM CROSSTOWN EXPRESSWAY TO SARITA STREET; 5. SOLEDAD STREET, FROM NIAGARA STREET TO SARITA STREET; 6. NOGALES STREET, FROM PORT AVENUE TO SARITA STREET; 7. GUADALUPE STREET, FROM PORT AVENUE TO SARITA STREET; 8. OLD BROWNSVILLE ROAD, FROM EASTERN STREET TO MORGAN STREET; 9. NOGALES STREET, FROM MCARTHUR STREET TO EISENHOWER STREET; 10. ROSLYN STREET, FROM RAMBLER STREET TO PRESCOTT STREET; AND 11. RAMBLER STREET, FROM HORNE ROAD TO ROSLYN STREET; AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS 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". ORDINANCE NO. 13286 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ASPHALT MAINTENANCE CO., INC., FOR SAN DIEGO ADDITION, OLD BROWNSVILLE ROAD, NOGALES STREET, RAMBLER STREET AND ROSLYN STREET IMPROVEMENTS;'APPROPRIATING A TOTAL OF $373,000, OF WHICH $135,011.25 IS OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220-72-1.4, ALL BEING FOR THE CONSTRUCTION CONTRACT, AND $237,988.75 IS OUT OF THE NO. 162 FEDERAL/ STATE GRANT FUND, ACTIVITY 4734, CODE 502, COMMUNITY DEVELOPMENT BLOCK GRANT, GRANT NO. B -76 -MC -48-0502, $220,567.48 BEING FOR THE CONSTRUCTION CONTRACT AND $15,421.35 BEING FOR INCIDENTAL AND RELATED EXPENSES; AUTHORIZING ESTABLISHMENT OF AN ACCOUNTS RECEIVABLE IN THE NO. 220 STREET BOND FUND, FOR SAID APPROPRIATION OF $237,988.75 FOR THE SAID PROJECT NO. 220-72-1.4; AND DECLARING AN EMERGENCY. - The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ages, Gill, Gulley, Lozano and Sample, present and voting "Aye". Resular Council Meeting July 14, 1976 Page 9 ORDINANCE NO. 13287 AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE URBAN MASS TRANSPORTATION ADMINISTRATION FOR A GRANT OF $36,000 FOR ASSISTANCE IN TRANSIT PLANNING WITH A MATCHING SHARE OF $9,000 TO BE PROVIDED BY IN-KIND SERVICES BY THE CITY OF CORPUS CHRISTI, ALL AS MORE FULLY OUTLINED IN THE APPLICATION, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND AUTHORIZING THE CITY MANAGER TO SIGN CONTRACTS AND ALL RELATED DOCUMENTS NECESSARY TO IMPLEMENT THE GRANT WHEN APPROVED; 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. 13288 RESOLUTION DECLARING THE SUPPORT OF THE CITY OF CORPUS CHRISTI AND ENCOURAGING THE TEXAS AERONAUTICS COMMISSION TO APPROVE ADDITIONAL SERVICE IN THE APPLICATION OF SOUTHWEST AIRLINES; DECLARING AN EMERGENCY. i 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". The Regular Council Meeting was recessed at 3:35 p.m. to conduct a Special Council Meeting on three zoning cases. The Regular Meeting was resumed at 4:23 p.m., and Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Gene Bouligny, 3525 Austin, reviewed his previous requests for a full or partial refund for a piece of property he purchased from the City at a tax sale, which he later discovered had a Small Business Administration lien against it. He charged the City with negligence and bad faith; that he has gotten nothing from the City in seven months; that the property is close to being foreclosed by the SBA. The Council agreed that the Staff should give their information and recommendation 'at next week's Council Meeting. Mr. Bouligny was informed that the matter would be placed on the agenda at the beginning of the meeting. Mr. Rudy Garza reviewed his previous complaint to the Council of harrassment by the police at his fireworks stands, adding that the police threatened physical arrests and ran off his customers by warning them that they would be summoned or arrested if they purchased fireworks there. He protested that these actions by police continued in spite of the Council's decision on June 30 to limit enforcement of the 5,000' limit for sale or possession of fireworks to citations only for the season, saying his attorney .told him the City Manager personally said he -had -,"changed ---- his mind" relativiI to_,enfotC.iMg-'the Council's decision .after. that meeting. - City Manager Townsend reviewed the various problems in the past with enforcement of the ordinance pertaining to the sale of fireworks and specific -problems this July 4th season. He explained that after the June 30 Council Meeting, police officers were Minutes Regular Council Meeting July 14, 1976 Page 10 instructed not to make any more arrests this season,, and that in fact no further arrests were made. He stated that all operating fireworks stands checked by the Staff that weekend were found to be in compliance with the 5,000' limit. Mayor Luby promised that before the next season for sale of fireworks opens, there would be a committee set up to deal with the problems, and a specific set of rules and regulations. At Dr. Tipton's urging, a meeting was scheduled for August 4, 1976 for the Council to review the fireworks ordinance and define the City limits for the next fireworks season. There being no further business to come before the Council, by general consensus the Regular Council Meeting of July 1,4, 1976 was adjourned at 5:07 p.m.