HomeMy WebLinkAboutMinutes City Council - 11/24/1976PRESENT:
Mayor Jason Luby
Mayor Pro Tem Bill Tipton
Councilmembers:
Eduardo E. de Ases
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward Sample
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
NOVEMBER 24, 1976
2:00 P.M.
City Manager R. Marvin Townsend
City Attorney J. Bruce Aycock
City Secretary Bill G. Read
Mayor Jason Luby called the meeting to order in the Council Chambers of
City Hall.
The Invocation was given by Reverend Ray Bennett of Parkdale Baptist Church.
City Secretary Read called the roll of required Charter officers; a quorum
was present for the meeting.
Mayor Luby presented 30 -year service pins to Mr. Doyle Elliott, a Firefighter II
with the Fire Department; Mr. Jose Escamilla, an Equipment Operator with the Street
Department; Mr. Ralph Galvan, a Water System Foreman with the Water Department; and
Mr. Al Kucera, a Senior Inspector I with the Building Inspection Department. The
Mayor and Council congratulated those employees and thanked them for their many fine
years of service to the City.
Mayor Luby next recognized a group of elementary students visiting from
Monterrey, Mexico.
Mr. Wallace Whitworth, Manager of Central Power and Light Company, reported
in compliance with Ordinance No. 12038, that the average delivered cost of fuel to
CP&L during November was 1.95220 per MMBTU--to be applied to their December billing.
Mr. Whitworth stated that amount reflects an increase of 6.90¢ over last month, or an
increase of 85C per 1000 kwh.
Mayor Luby then announced appointments to Boards and Commissions, calling for
appointments to the Coastal Bend Manpower Consortium, Executive Committee.
Motion by Gulley to reappoint the seven City Council members to the Executive
Committee; seconded by de Ases and passed unanimously.
Minutes
Regular Council Meeting
November 24, 1976
Page 2
Motion by Tipton to reappoint Mr. Albert McRae to the Coastal Bend Manpower
Consortium, Executive Committee; seconded by de Ases and passed unanimously.
For appointment to the Coastal Bend Manpower Consortium, Advisory Committee,
the Council nominated and approved the following persons: Mr. Adan Alaniz, Mr.
Johnny Bilano, Mr. Horace Cleveland, Mr. Vernon DeMois, Mr. Raymond Freddie; Mr. Leon S.
Loeb, Mr. Darrell C. McGonagill and Mr. Doug Williams.
Mayor Luby then announced the public hearing on the request of Mathieu
Electric, the owner of abutting property, to close the remaining portion of the alley
in Block 12, Chamberlain Addition extending from the west side of Alameda Street to
the west boundary of Lots 13 and 20, Block 12, Chamberlain Addition,between Agnes
and Marguerite Streets. City Manager Townsend added that the remainder of the alley
was closed by Ordinance No. 2770 passed on May 2, 1950. He stated all affected
Departments concur with the request, and there has been no opposition. There was no
opposition from the audience.
Motion by Lozano that the hearing be closed; seconded by Tipton and passed
unanimously.
Motion by Gulley to accept the recommendation for the alley closing; seconded
by Lozano and passed unanimously.
City Manager Townsend then announced the recessed public hearing on Central
Power and Light Company's request for a rate increase. He reviewed that the hearing
was recessed on October 21, 1976; that at that time it was not known when the City's
consultants' reports would be ready. He stated it is now anticipated that the reports
will be completed by December 8, 1976; he advised that the Staff therefore recommends
that the hearing be further recessed until December 8, 1976 at 2 p.m.
Motion by Gulley to further recess the public hearing on CP&L's request for
a rate increase until December 8; seconded by Sample and passed unanimously.
Mayor Luby then called for the City Manager's Report, and City Manager Townsend
presented the following items, with related comments and explanations:
Minutes
Regular Council Meeting
November 24, 1976
Page 3
a. Recommendation that a public hearing be held at 3:30 p.m., during the
Special Council Meeting on December 15, 1976 on the following zoning
applications:
(1) Mr. C. H. Sheffield and Ms. P. K. Watson - "R -1B" to "AB", located
on the southwest corner of South Staples and Blevins Streets.
(2) Memorial Funeral Home, Inc. - "R -1B" to "B-1", located south of
Gollihar Road, approximately 493 feet west of Leon Street.
(3) Mr. Frank Mullens - "I-2" to "B-4", located south of Leopard
Street approximately 98 feet west of Westchester Road.
(4) Mr. David Dawe - "R -1B" to "B-4", located along both sides of
Laguna Shores Road north of the Van Galen Ditch approximately
1100 feet north of Caribbean Drive.
(5) Text Amendment to Zoning Ordinance #6106 by amending Article 3
Definitions, Section 3-1, and Article 22, Parking Regulations,
Section 22-2. These amendments would allow more flexibility in
parking requirements for shopping centers by requiring one space
per every 200 square feet of leasable space regardless of use
provided the shopping center contains a group of four or more
commercial establishments planned, developed and managed as a
unit.
b. Recommendation that a 12 month supply of bread (7,140 loaves) be purchased
for the Senior Citizen's Nutrition Program from Rainbo Baking Company, Corpus
Christi, on the basis of low bid of $2,356.20. Bids were received from two
firms. Price comparison shows a decrease of 22% from previous purchases on
an"as needed" basis. (Bid Tab #83-76)
c. Recommendation that a contract be awarded to Coastal A.D.S. Inc., Robstown,
for installation of 2,560 sq. ft. of acoustical ceiling in the second
building of the Corpus Christi Museum, on the basis of low bid of $3,299.00.
Bids were received from three firms. (Bid Tab #84-76)
d. Recommendation that City tax roll adjustments for May 1 through July 31, 1976,
resulting in a decrease of $6,700 for this year's levy and $2,601 for previous
year's levies be approved. Decreases consist of a net of $5,053 in real
estate and $1,627 in personal property levies, principal of which were: decrease
of $1,573 for 28 taxpayers whose homestead applications were approved; decrease
of $1,220 because of error in calculating values for two properties; decrease
of $608 for six properties as being exempt; and decrease of $447 for two
personal properties for CharBoy when records were presented.
e. Recommendation that a permit be granted to Coquina 011 Corporation to drill
a well as a straight hole to a depth of 10,800 feet in Laguna Madre State
Tract 177. The well will be located in the southeastern portion of the
portion of Laguna Madre within the City limits in Kleberg County. No exceptions
to the Bay Drilling Ordinance are requested.
f. Recommendation that bids be received at 11:00 a.m., Tuesday, December 14, 1976
for two replacement cylinder heads for Fairbanks Morse Engines at the Bayfront
Pump Stations and related modification kits. One will replace a cracked head
at Pump Station A and the other will be used as a spare. The engines at Pump
Station A have been in operation since the 1940's with minimum major repairs.
Budgeted funds are available for the purchase.
Minutes
Regular Council Meeting
November 24, 1976
Page 4
E•
Recommendation that the General Fund be reimbursed $27,135.74 for
engineering services for various Bond and Community Development Fund
projects during October, 1976 and an additional $24,971.79 be appropriated
to supplement $2,163.95 available in existing appropriations.
h. Recommendation that 2 Change Orders for the Flour Bluff Satellite health
clinic, under conetruction by Hunt Building Company, be approved. One
provides $6,314 additional payment for hauling of additional fill material
to the site. The second for $1,975 provides additional grade beam depth
for the foundation Blab for the clinic because additional fill material
is required for the site because site grades established for the project
were found to be too high after the site was cleared of brush. No
additional appropriation is necessary.
i. Recommendation that an agreement be approved with Exxon Company for
approximately•$3,800 for lowering a 4" low pressure gas pipeline at the
recently acquired Flour Bluff Park site at Graham and Waldron Roads to
clear the line so construction of access drives to the Satellite Clinic
and future drives for the swimming pool can be constructed. The City's
predecessor in title granted Exxon an easement which states that the landowner
must pay for any adjustment of the pipeline required by landowner construction.
There is one other line which will also need to be lowered.
j. Recommendation that the contract with Burtex Constructors, Inc. for con-
struction of Interceptor 34-A, Section 3 in Up River Road from east of
Harney Road to Sharpsburg Road be considered in default. Approximately
1,100 feet of 18" pipe cannot be accepted because of heavy infiltration
and severe alignment problems. The remaining 18" pipe cannot be inspected
and acceptability is unknown. Work stopped in early February, 1976. The
City has hired another testing laboratory to attempt to resolve the difference
between the contractor, City and engineers,but the parties are still at
least $100,000 apart. The next section toward Calallen has been accepted.
Bids have been received for laterals to serve homes in Calallen and San
Carlos which will tie into this unfinished line. The contract provides
that the City will give the bonding company 2 weeks to assume responsibility
for the work and take over the job. If they don't, the City can take bids
and deduct the cost from the contract amount remaining or charge the
contractor and the bonding company for the difference. If the bonding
company does not act, a recommendation to receive bids will be placed on
the December 8 agenda.
k. It is requested that an application and contract be approved with the
Governor's Office of Traffic Safety, for $144,254 for a Selective Traffic
Enforcement Program aimed at reducing the vehicle accident rate by
providing 14,448 hours of police overtime or 56 hours per day for 6 days
per week for 43 weeks to work high accident areas only and 1,032 hours
(24 hours per week) of clerical support overtime. The program, if approved,
will start December 6, 1976 and expire September 30, 1977.
1. Recommendation that the ordinance adopting the Landmark Preservation Plan
be amended to delete the words "nor designated as Historical and Cultural
Zoning" because they are misleading since the Zoning Ordinance cannot be
amended without a hearing before the Planning Commisaion. The third
reading of the Preservation Plan ordinance passed on September 8, 1976.
Property can still be zoned "H -C" upon the application of any party,
including the Landmark Commission; the determination of an emergency by
the City Council; and sufficient affirmative votes by the City Council as
in any other zoning matter. If the owner is opposed, 6 affirmative votes
are required to impose any zoning change, including "H-CY.
Minutes
Regular Council Meeting
November 24, 1976
Page 5
m. Recommendation that the Calallen School Area and San Carlos Addition
sanitary sewer improvement contract be awarded to Glaser Construction
Company for $280,489.27 and $305,000 be appropriated, including engineering
and related expenses. Nueces County will provide $19,111.12 to offset
cost of lines serving houses in San Carlos Subdivision outside of the
City. The project includes construction of sewer lines from 8" to 12"
to serve the Calallen area, San Carlos Addition and Calallen School.
The project is financed by the Second Year Community Development Program.
n. Recommendation that the following zoning cases which are set for hearing on
December 1, 1976 be reset for a special Council meeting for 3:30 p.m. on
December 8, 1976:
1. Mr. Ray Dault: "I-2" to "A-2", located on the south side of Leopard
Street approximately 500 feet east of Rhew Road.
2. Mr. Jack Carter: "R-2" to "AB", located on the southwest corner of
Annapolis Drive and South Staples Street.
3. Great Expectations Oil Corporation: "R -1B", "R-2" and "SP" to "B-4",
located in the 3700 block of Leopard Street (Woodlawn Shopping Center)
A quorum will not be present on December 1 because of the National League
of Cities meeting in Denver, Colorado.
o. Recommendation that $56,600 be reappropriated from revenue sharing for
the condemnation jury award plus interest from the date of award, court costs
and appraisal costs for the acquisition of Parcel 103, Corpus Christi
Beach Park from Great Gulf Corporation, et al. The award was $113,100 of
which $57,375 has already been paid. The parcel is located on Shoreline
Blvd. between Gulden and Sandbar. The original appraisal, made in 1973,
was $48,750. An appraisal in 1976 was $87,750. The $56,600 reappropriation
consists of $32,063.60 remaining in the reserve appropriation plus $24,536.40
from the $56,366 remaining in the Naval Air Station Safety Zones Land
Acquisition project.
Recommendation that a new schedule of within the City (intra) bus charter
rates be established as follows:
p•
Bus
45 passenger
Rate
$35 first 2 hours
$2.75 for each additional 15 minutes
35 passenger $30 first 2 hours
$2.50 for each additional 15 minutes
Convention Shuttle Service Over 4 Hours Uninterrupted
45 passenger $11/hour or $.75/mile, whichever is greater
35 passenger $10/hour or $.70/mile, whichever is greater
The present rates are as follows:
Air Conditioned
Non -Air Conditioned
47 passenger parlor coach $30 first 2 hours -0-
$6 each additional 1/2 hour
w/ras trooms
41 passenger parlor coach or $25 first 2 hours
45 passenger City -type bus $5 each add'l 1/2 hour
35 passenger $22 first 2 hours
$4.50 each add'l 1/2 hr.
$22 first 2 hours
$4.50 each add'l hr.
'first 2 hours
4 each add'l 11 hr.
Minutes
Regular Council Meeting
November 24, 1976
Page 6
(Item "p" continued:)
q.
Convention Shuttle Service
Parlor coach or 45 passenger A/C
35 passenger A/C
45 passenger non -A/C
37 passenger non -A/C
Greater of $9/hour or $.65/ mile
Greater of $8/hour or $.55/mile
Greater of $9/hour or 8.65/mile
Greater of $7.50/hour or $.55/mile
It is recommended that the rate differential between air-conditioned and
non air-conditioned buses be discontinued because the difference in
operating costs of the two types is not significant. When the new buses
are in operation, non air-conditioned buses will seldom be used for
intra -City charter business.
The last rate increase was in August, 1974. The Transit Study Board
recommends that intra -City charter rates be increased.
Recommendation that the City lease the Lantana Sports Complex for City
league basketball games from December 1, 1976 through February 28, 1977.
In return, Lantana Sports Complex will use Ben Garza Gym for three weekend
basketball tournaments with each party paying all operating costs for its
facility. The Park and Recreation Board so recommends.
(Item "r" was withdrawn.)
s. Recommendation that the following actions be taken in connection with
the proposed Mexican -American Cultural Center (Plaza de Amistad):
t.
(1)
Authorization be granted to submit an application to the
Economic Development Administration under Title I of the
Public Works Employment Act to transform the existing
incinerator and surrounding property on Greenwood Drive
into a facility for Mexican -American cultural activities.
(2) That Mr. Robert L. Koimn be engaged to provide architectural
services in connection with the proposed development to prepare
a preliminary design report by December 8, 1976 to include
the schematic phase of the project and engineering analysis of
the structural, electrical, plumbing and site work with no
further work performed unless a grant is approved. The archi-
tect's fee for this work will be $8,300.00. Should a grant be
awarded to the City, the architect's fee would be based on 7.75%
of construction cost less credit of $8,300.00 for the preliminary
report.
Recommendation that a resolution be approved assuring the City of Mathis
that Corpus Christi will sell Mathis water at Lake Corpus Christi under
the same conditions as untreated water is being sold to Alice and the
San Patricia communities and will allow Mathis to construct treatment
facilities on City -owned property at Lake Corpus Christi if such a site
is determined to be most advantageous.
u. Recommendation that bids scheduled to be received on Tuesday, November 30,
1976 for testing caliche material for the Street Division be returned to
the testing companies unopened. Bids are also being received on caliche
at the same time. The cost of testing should vary, depending upon the
source provided by the low bidder, and thus should not be determined until
after the source of supply is known.
v. Recommendation that Mr. Bob J. Poe be appointed to the position of Data
Processing Manager.
Minutes
Regular Council Meeting
November 24, 1976
Page 7
Under discussion of the City Manager's Report, Councilmember Sample asked
for more information regarding the purchase of the two cylinder heads in item "f".
Mr. Jimmy Lontos, Director of Engineering and Physical Development, explained that
the engines are about 35 years old and it is very difficult to obtain replacement
parts for them; but that it would cost a great deal to purchase new engines. He
further explained the operation of the downtown system and past problems with it.
Concerning item "k", Councilmember de Ases asked if that program would be
similar to the Blue Light squad program recently initiated in Corpus Christi.
City Manager Townsend responded that the Selective Traffic Enforcement Program
would strive to reduce accidents in areas with a high accident rate. Councilmember
de Ases asked for a report on the effectiveness of the Blue Light program. City
Manager Townsend responded that the Staff would be happy to provide such a report
for the Council.
Councilmember de Ases inquired relative to recommendation "q" if liability
insurance will be provided by Lantana for people using the gym. Assistant City Manager
Archie Walker explained that the lease provides equal insurance coverage for the
Sports Complex by Lantana, and for Ben Garza gym by the City.
Mayor Luby then opened the floor for discussion from the audience concerning
the City Manager's Report.
Mr. James Harris, attorney representing Burtex Constructors, Inc., objected
to item "j" with a lengthy discussion lasting almost two hours. He distributed some
background material to the Council, and explained that Burtex entered into the
contract for the sewer main, began work, and proceeded without any problem until the
job was nearing completion --at which time it was determined that 1100' of the line
failed. He explained that the line did not meet infiltration tests and could not
be aligned; he maintained that Burtex spent over $100,000 trying to find the problem
and correct the deficiencies. Attorney Harris went on to state that a few weeks
later the company determined that the line failed because the soil conditions could
not support the line as it was designed. He explained to the Council that it would not
be practical to attempt to remove the line.
Minutes
Regular Council Meeting
November 24, 1976
Page 8
Mr. Harris also brought out that Cactus Utility Company was awarded the
contract for Interceptor Sewer 35A which intersects this line. He stated that
Cactus had not done much work on their project when it was determined that Burtex's
line failed. He stated that shortly' thereafter, Cactus executed a change order
with the City to lay crushed stone under their line, which he said provided
sufficient foundation and therefore Cactus encountered no problems.
Attorney Harris emphasized that Burtex's line is bigger and deeper than
Cactus'; that they attribute the failure of their line to a design deficiency; and
he said the City Staff was responsible for the design. He stressed that an inspector
representing the City was present at all times during construction of the line and
the engineers for the City approved payments totaling $280,000 for construction to
date. Therefore, Mr. Harris charged, the line was properly constructed according to
the contract, or Burtex would not have been paid. He added that their company has
done over eleven million dollars worth of work for the City and has never before
been threatened with termination of a contract. Mr. Harris further told of the many
meetings held regarding the situation, and that he had requested that the matter be
placed on the agenda before the City Council as far back as May. He repeated that
they contend that the soil conditions were unstable and the line was not designed
accordingly. Mr. Harris concluded by offering that Burtex be allowed to finish the
project with the City paying the cost of the crushed rock, fill, and extra depth
required --with the understanding that Burtex is not waiving any rights that they
may have in the future, such as a claim for payment of the new pipe and other expenses.
Mr. James Lontos, Director of Engineering and Physical Development, responded
that there have been many discussions regarding the matter for the past several
months; that the Staff does not feel there is a design error, and the City's
consultants agreed there was no design error at all regarding the line. He further
stated that soil tests were made under proper standards and the results were better
than expected.
Minutes
Regular Council Meeting
November 24, 1976
Page 9
City Attorney Aycock added that the soil samples taken proved to be higher
than the levels which the contractor's own engineers had determined would be necessary
for the project. He also named a number of "punch list" items of improper construction
methods which might have caused the failure of that portion of the line.
Responding to questioning from the Council, City Manager Townsend informed
them that "it is not the inspector's job to correct project deficiencies. He is not
the foreman on the job and is not there to supervise it or engineer it." He added
that the contract is very clear that the company's engineers have complete responsibility
for the line; and that the contract calls for the line to be completed in a satisfactory
manner --which has not been done.
Attorney Harris again mentioned the companion line constructed by Cactus
Utility; that they got a change order and were compensated for it; he asked the
Council why that company should get one and Burtex not get one.
City Attorney Aycock appealed to the Council not to be led by their emotions.
He stressed that under the terms of the contract the company's engineer assumes
full responsibility for any damage to the line from any cause whatsoever. He said
the company has been paid $280,000 so far and in effect is asking to be paid twice.
City Manager Townsend reviewed again that the soil was sampled on one occasion
with both parties present, and recently by an independent testing laboratory; and
the results came out better than the figures Burtex's engineers had said were critical.
Mr. Harris replied that they are not questioning the accuracy of the tests
but do not agree on the interpretation of those tests; that they feel the tests
show the ground is very unstable.
Mr. Obie Etheridge, representing McCaughan & Etheridge Engineers --the City's
consulting engineers for this project --said that Attorney Harris has made a number
of misstatements of fact. He stated that the line was not laid in accordance with
the plans and specifications in a number of instances --any one of which might have
been sufficient for the line to fail, he said --but in particular that the company
exceeded the allowable trench width and also dumped the backfill in before the
concrete had completely set. He clarified that their job is to tell the City when
the contractor finishes whether the line is on grade and will stay in position;
that they do not tell the contractor how to do things. He acknowledged that during
Minutes
Regular Council Meeting
November 24, 1976
Page 10
construction they advised the contractor on a couple matters, but the contractor
proceeded with his own methods. He pointed out that the three soil samples taken
by the contractor's representatives --and at which City representatives were not
invited to be present --were not confirmed by later tests made by an independent
lab with both parties present. Mr. Etheridge said they later found that the company's
method of analysis --using their own authorities --was in error as much as a factor
of four. He stated that his firm's recommendation to the Staff is not to install
extra stone because it is not needed; that they do not believe the City is obligated
to pay anything for extra stone; but that the contractor is obligated to build the
line according to the original plans, and has not done so.
City Manager Townsend added that recommendation "j" on the agenda is for
default; that if the City must go out for bids again the same specifications would
be used.
Attorney Harris responded that it would be interesting to see if any bids
are received; and restated their position.
City Manager Townsend asked Mr. Harris if it is correct that Burtex is
asking to be paid for the old pipe, the new pipe they propose to lay across the
street, and also the $100,000 they claim they spent trying to determine what the
problem was. Mr. Harris responded that was correct.
City Manager Townsend then inquired if the company would agree to construct
the line on the other side of the street according to the present specifications.
Mr. Harris replied No, that they do not believe it would work and could not afford
to have it fail again.
Motion by Gill that the City Manager's Report be approved; seconded by de Ases
and passed --with Gulley voting No on items "o" and "s", and Luby voting No on item "j".
City Manager Townsend next announced the pending zoning case of Mr. R. N.
Conolly from "R -1B" to "B-4", located on the east side of Flour Bluff Drive approx-
imately 650' south of Graham Road. He stated this application was heard by the
Council on September 15, 1976 and approved, but action on the ordinance was delayed
awaiting legal descriptions. He said the legal description has been obtained, and
the Council could act on it by ordinance today. (Ordinance "o" on the agenda.)
Mayor Luby recessed the meeting at 4:38 p.m.
Minutes
Regular Council Meeting
November 24, 1976
Page 11
The Regular Council Meeting was resumed at 4:50 with presentation of the
ordinances. Mayor Luby questioned City Manager Townsend as to the procedure for
closing an easement and then declared the ordinance closing and abandoning the
utility easement in Ocean Drive Addition an emergency. (The ordinance was presented
as an emergency at the November 17 Regular Council Meeting, but the Mayor put it on
a three -reading basis at that time.) There were no comments from the audience
relative to the ordinances. City Secretary Read polled the Council for its vote.
All ordinances passed, as follows:
FIRST READING OF AN ORDINANCE AMENDING ORDINANCE N0. 12221 PASSED AND APPROVED BY
THE CITY COUNCIL ON AUGUST 14, 1974, BY AMENDING THE SCHEDULE FOR INTRA -CITY
CHARTER RATES FOR CITY -OWNED BUSES; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE; 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 voting Aye.
SECOND READING OF AN ORDINANCE AMENDING ORDINANCE N0. 8127, AS AMENDED, BY AMENDING
SECTION 1, SUBSECTION (e), SO AS TO CHANGE POSITION TITLE AND RECLASSIFYING THE
POSITION OF ASSISTANT TO THE DIRECTOR TO ADMINISTRATIVE ASSISTANT -ENGINEERING;
PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE.
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
voting Aye; Luby voting Nay.
SECOND READING OF AN ORDINANCE AMENDING ORDINANCE N0. 3658, AS AMENDED, BY CHANGING
CERTAIN SALARY GRADES, CREATING CERTAIN POSITIONS, AND DELETING CERTAIN POSITIONS,
BY AMENDING SECTION 4 THEREOF; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE
DATE.
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
voting Aye; Luby voting Nay.
ORDINANCE NO. 13504
CLOSING AND ABANDONING THE EXISTING FIVE-FOOT UTILITY EASEMENT SITUATED AT THE
BACKS OF LOTS 1 THROUGH 3 AND ALONG LOT 7, ALL IN BLOCK 4, OCEAN DRIVE ADDITION,
IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; PROVIDING FOR SEVERABILITY;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Tipton, de Ases, Gill, Gulley,Lozano and Sample voting Aye.
SECOND READING OF AN ORDINANCE ADOPTING THE STANDARD FIRE PREVENTION CODE, 1976
EDITION, WITH CERTAIN CHANGES AND AMENDMENTS, A COPY OF WHICH, AUTHENTICATED BY
THE SIGNATURES OF THE MAYOR AND CITY SECRETARY, AND MADE A PUBLIC RECORD BY THIS
ORDINANCE OF THE CITY COUNCIL, IS ON FILE IN THE CITY SECRETARY'S OFFICE; REPEALING
ALL ORDINANCES IN CONFLICT; 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
voting Aye.
Minutes
Regular Council Meeting
November 24, 1976
Page 12
ORDINANCE NO. 13490
THIRD READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, 1976 REVISION, BY AMENDING CHAPTER 55, ARTICLE II RULES AND REGULATIONS
OF DEPARTMENT OF PUBLIC UTILITIES, SECTION 55-25, SECURITY FOR THE PAYMENT OF
BILL AND PERFORMANCE OF OTHER OBLIGATIONS BY CUSTOMER, TO ESTABLISH A DEPOSIT
SCHEDULE FOR RESIDENTIAL AND COMMERCIAL CUSTOMERS; PROVIDING FOR THE ACCEPTANCE
OF CERTIFICATES OF DEPOSIT FOR THAT PORTION OF REQUIRED DEPOSITS IN EXCESS OF
$500; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A
SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE; 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 voting Aye.
ORDINANCE NO. 13491
THIRD READING OF AN ORDINANCE AMENDING SECTION 1, ORDINANCE NO. 9563, AS AMENDED,
AND PARTICULARLY AS AMENDED BY ORDINANCE N0. 10906, PASSED AND APPROVED ON JUNE
14, 1972, AND AS AMENDED BY ORDINANCE N0. 11936, PASSED AND APPROVED ON MARCH 6,
1974, BY AMENDING SECTION 1 THEREOF, BY ESTABLISHING RATES OF FARE FOR TAXICABS
FOR ONE OR MORE PERSONS AT EIGHTY-FIVE (85C) CENTS FOR THE FIRST ONE-THIRD (1/3)
OF A MILE OR FRACTION THEREOF, AND TWENTY (20C) CENTS ADDITIONAL FOR EACH SUCCEEDING
ONE-THIRD (1/3) OF A MILE OR FRACTION THEREOF; PROVIDING FOR INCREASE IN RATES OF
FARE IF THE TRIP VOLUME OF CORPUS CHRISTI TRANSPORTATION COMPANY FOR THE MONTHS OF
JANUARY THROUGH JUNE, 1977 DOES NOT EXCEED OR EQUAL 65,000, THE RATES THEN TO
BECOME NINETY-FIVE (95C) CENTS FOR THE FIRST ONE-THIRD (1/3) OF A MILE OR FRACTION
THEREOF AND TWENTY (20C) CENTS ADDITIONAL FOR EACH SUCCEEDING ONE-THIRD (1/3) MILE
OR FRACTION THEREOF, UPON CERTIFICATION OF CORPUS CHRISTI TRANSPORTATION COMPANY
TO THE DIRECTOR OF TRAFFIC AND TRANSIT OF THE CITY OF CORPUS CHRISTI OF SUCH TRIP
VOLUME ON OR AFTER JUNE 30, 1977; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the third time and passed finally by the
following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye.
ORDINANCE NO. 13492
AMENDING THE CORPUS CHRISTI PRESERVATION PLAN ADOPTED BY ORDINANCE NO. 13375, ON
THE 8TH DAY OF SEPTEMBER, 1976, SO AS TO CHANGE THE FOURTH PARAGRAPH OF THE PREAMBLE
IN SECTION IV OF SAID PLAN SO AS TO DELETE THE PHRASE "NOR DESIGNATED AS HISTORICAL
AND CULTURAL ZONING"; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was adopted by the following
vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye.
ORDINANCE NO. 13493
AUTHORIZING CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE LANTANA SPORTS COMPLEX
FOR THE USE OF THE SPORTATORIUM LOCATED ON THE PROPERTY OF THE LANTANA SPORTS
COMPLEX FOR CITY LEAGUE BASKETBALL GAMES BETWEEN THE MONTHS OF DECEMBER AND FEBRUARY,
FOR THE SUM OF $1, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY
OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was adopted by the following
vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye.
ORDINANCE NO. 13494
APPROPRIATING THE SUM OF $24,971.79 AS FOLLOWS:
$ 92.85 OUT OF THE NO. 162 FEDERAL/STATE GRANTS FUND, ACTIVITY 4732, CODE 502
$ 4,049.48 OUT OF THE NO. 162 FEDERAL/STATE GRANTS FUND, ACTIVITY 4734, CODE 502
$14,583.03 OUT OF THE NO. 220 STREET BOND FUND
$ 682.64 OUT OF THE NO. 245 AIRPORT BOND FUND
$ 3,081.00 OUT OF THE NO. 250 SANITARY SEWER BOND FUND
$ 1,286.49 OUT OF THE NO. 291 PARK BOND FUND
$ 1,196.30 OUT OF THE NO. 295 STORM SEWER BOND FUND
TO SUPPLEMENT $2,163.95 REMAINING FROM FUNDS PREVIOUSLY APPROPRIATED FOR INCIDENTAL
Minutes
Regular Council Meeting
November 24, 1976
Page 13
AND RELATED EXPENSES APPLICABLE TO VARIOUS PROJECTS AS SHOWN ON THE ATTACHED
TABULATION MARKED EXHIBIT "A" AND MADE A PART HEREOF; AUTHORIZING A REIMBURSEMENT
OF $27,135.74 TO THE NO. 102 GENERAL FUND FOR ENGINEERING SERVICES PERFORMED DURING
THE MONTH OF OCTOBER, 1976; 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 voting Aye.
ORDINANCE NO. 13495
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH GLASER CONSTRUCTION COMPANY
FOR THE CONSTRUCTION OF THE CALALLEN SCHOOL AREA & SAN CARLOS ADDITION SANITARY
SEWER IMPROVEMENTS; APPROPRIATING A TOTAL OF $305,000 OUT OF THE NO. 162 FEDERAL/
STATE GRANTS FUND, ACTIVITY 4734, CODE 502, PUBLIC WORKS, FACILITIES, SITE IMPROVEMENTS,
INCLUDING $280,489.27 FOR THE CONSTRUCTION CONTRACT AND $24,510.73 FOR ENGINEERING,
LEGAL ADVERTISING, CONTINGENCIES 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 voting Aye.
ORDINANCE NO. 13496
AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE GOVERNOR'S OFFICE OF TRAFFIC
SAFETY FOR $144,254 FOR A SELECTIVE TRAFFIC ENFORCEMENT PROGRAM TO REDUCE VEHICLE
ACCIDENT RATES BY PROVIDING OVERTIME COMPENSATION FOR ADDITIONAL WORK IN HIGH
ACCIDENT AREAS, AIL AS MORE FULLY DESCRIBED IN THE APPLICATION, A SUBSTANTIAL COPY
OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AUTHORIZING
THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO CARRY OUT THE PROGRAM AFORESAID;
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 voting Aye.
ORDINANCE NO. 13497
CANCELLING THE APPROPRIATIONS OF $16,183 AND $8,353.40 IN THE NO. 124 GENERAL REVENUE
SHARING FUND, APPROPRIATED BY ORDINANCE NO. 12361 DATED NOVEMBER 20, 1974, FOR THE
ACQUISITION OF PARCELS 1 THROUGH 52, AND ORDINANCE NO. 12456 DATED JANUARY 29, 1975,
FOR THE ACQUISITION OF PARCELS 72 THROUGH 95, ALL NAVAL AIR STATION SAFETY ZONES,
LAND ACQUISITION PROJECT, FOR A TOTAL CANCELLATION OF $24,536.40; APPROPRIATING AND
REAPPROPRIATING THE AFORESAID $24,536.40 AND AN ADDITIONAL $32,063.60 OUT OF THE
SIXTH ENTITLEMENT PERIOD, GENERAL REVENUE SHARING RESERVE, ACTIVITY 6706, FOR A
TOTAL APPROPRIATION OF $56,600, WHICH AMOUNT IS TO BE TRANSFERRED TO THE NO. 291
PARK BOND FUND, PROJECT 291-72-12, TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY
ORDINANCE NO. 13115 DATED MARCH 31, 1976, FOR JURY AWARD PLUS INTEREST FROM THE
DATE OF AWARD, COURT COSTS AND APPRAISER'S COSTS, ALL IN CONNECTION WITH THE
ACQUISITION OF PARCEL 103, CORPUS CHRISTI BEACH PARK SITES, IN CONDEMNATION, STYLED
CITY OF CORPUS CHRISTI V. GREAT GULF CORPORATION, ET AL; AND DECLARING AN EMERGENCY'.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Tipton, de Ases, Gill, Lozano and Sample voting Aye; Gulley voting Nay.
ORDINANCE NO. 13498
ANNEXING TO THE CITY OF CORPUS CHRISTI, TEXAS, A PORTION OF MCKINZIE ROAD, PURSUANT
TO ARTICLE 970a, V.A.C.S., TEXAS, AS AMENDED, AND CITY CHARTER ARTICLE I, SECTION
2(c), PROVIDING FOR ANNEXATION OF ROADS, HIGHWAYS, AND STREETS ADJACENT AND CONTIGUOUS
TO THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye.
Minutes
Regular Council Meeting
November 24, 1976
Page 14
ORDINANCE NO. 13499
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 R. N. CONOLY BY
AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOT 17, SECTION
48, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS
CHRISTI, NUECES,COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING, DISTRICT TO "B-4"
GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING
ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the 'foregoing ordinance was passed by the following
vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye.
ORDINANCE NO-. 13500
AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE ECONOMIC DEVELOPMENT
ADMINISTRATION UNDER TITLE I OF. THE PUBLIC WORKS EMPLOYMENT ACT, TO TRANSFORM THE
EXISTING INCINERATOR AND SURROUNDING PROPERTY ON GREENWOOD DRIVE INTO A FACILITY
FOR MEXICAN -AMERICAN CULTURAL ACTIVITIES; A COPY OF SAID APPLICATION BEING ATTACHED
HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Tipton, de Ases, Gill, Lozano and Sample voting Aye; Gulley voting Nay.
ORDINANCE NO. 13501
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL SERVICES WITH
ROBERT L. KOIMN, ARCHITECT, FOR THE PREPARATION OF A PRELIMINARY ENGINEERING DESIGN
REPORT, AND PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF A MEXICAN -AMERICAN
CULTURAL CENTER ON GREENWOOD DRIVE; APPROPRIATING $8,300 FROM 102 GENERAL FUND,
ACTIVITY 3711, CODE 301, FOR THE PRELIMINARY ENGINEERING DESIGN PHASE OF THE CONTRACT
AND RESERVING ANY FURTHER APPROPRIATIONS FOR THE REMAINING PHASES OF THE CONTRACT
UNTIL SUCH TIME AS A FEDERAL GRANT IS MADE TO THE CITY FROM THE ECONOMIC DEVELOPMENT
ADMINISTRATION FOR THE 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, Lozano and Sample voting Aye; Gulley voting Nay.
RESOLUTION NO. 13502
CONFIRMING THE APPOINTMENT OF ROBERT J. POE TO THE OFFICE OF DATA PROCESSING MANAGER,
BY THE CITY MANAGER, PURSUANT TO CITY CHARTER ARTICLE III, SECTION 3; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing resolution was passed by the following
vote: Luby, Tipton, de Asea, Gill, Gulley, Lozano and Sample voting Aye.
RESOLUTION NO. 13503
ASSURING THE CITY OF MATHIS THAT THE CITY OF CORPUS CHRISTI WILL FURNISH IT UNTREATED
WATER AT LAKE CORPUS CHRISTI UNDER SUBSTANTIALLY THE SAME CONDITIONS AND TERMS AS
UNTREATED WATER IS SOLD TO THE CITY OF ALICE AND THE SAN PATRICIO MUNICIPAL WATER
DISTRICT; 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 voting Aye.
Minutes
Regular Council Meeting
November 24, 1976
Page 15
Mayor Luby then called for petitions from the audience, and Mrs. Anna
Pacheco, 963 Shepherd Drive, complained of high weeds on a vacant lot in the 5900
block of Williams Drive. She said they have contacted Neighborhood Development and
Weed Control in efforts to get the lot mowed, but have been unsuccessful. She
stated there are three schools in the area and a lot of children pass by the lot; she
added that it breeds mosquitoes in the summer and is a fire hazard.
City Manager Townsend responded that the Staff would check into it.
Mr. Richard Bonner, 326 Haroldson, addressed the Council concerning a small
farm and farmhouse two miles outside the City limits which he owns jointly. Be said
they have been trying to sell the property, and the prospective client wants water
service.
Mr. Wayne Lundquist, realtor, explained the property presently has a water
tap for agricultural use, but the purchaser would operate a small business in the
house.
City Manager Townsend responded that the proposed use is in co;Iflict with
City requirements, as the water contract specifically prohibits any use other than
agricultural. He explained a 2" water main runs along the front of the property,
whereas the minimum requirement for residential use would be an
water main from
the property into town. He said the Staff recommends against it on the basis of the
change of use; he mentioned similar cases involving water service outside the city;
and warned that granting this request would generate other requets.
Mr. Lundquist stressed that there is an existing water tap to the property
and the amount of water used would not be increased with the operation of the small
business.
City Manager Townsend answered there is no way the City could provide fire
protection from a 2" water line; and repeated that it would set a precedent for other
agricultural users to later request water service.
There being no further business to come before the Council, Motion by
de Ases that the meeting be adjourned; seconded by Tipton and passed unanimously
at 5:10 p.m., November 24, 1976.