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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.