HomeMy WebLinkAboutMinutes City Council - 12/08/1976PRESENT:
*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
DECEMBER 8, 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 while Mayor Luby was upstairs conducting official City business.
The Invocation was given by Reverend Bob J. Cox of the New Testament
Christian Church.
City Secretary Read called the roll of required Charter Officers and determined
a quorum was present.
Motion by Lozano that the Minutes of the Regular Meeting of November 3;
the Regular and Special Council Meetings of November 10; and the Regular and Special
Council Meetings of November 17, 1976 be approved as submitted to the Council; seconded
by Sample and passed unanimously.
Mayor Pro Tem Tipton announced the Mayor's Proclamations for "Civil Air
Patrol Week", December 1 through 8, 1976; "Almeda K. Briner Day", December 8, 1976;
and "Corpus Christi International Seamen's Center Week", December 8 through 15, 1976.
Mayor Pro Tem Tipton announced the recessed public hearing on Central Power
and Light Company's request for a rate increase, explaining the hearing was recessed
on October 21 until November 24 --at which time it was further recessed until today.
City Manager Townsend distributed a status report on the rate request, including
a summary of the consultants' findings. He recommended that the matter be further
recessed until several regional meetings have been held in which the consultants and
legal counsel will make a formal presentation of their findings.and give their
recommendations. He suggested that the Council and any Interested persons attend the
meeting at the Sinton High School Auditorium in Sinton, Texas on December 14 at 7:30 p.m.
There was no discussion from the audience.
Motion by de Ases to recess rthe public hearing on CP&L's request for a rate
increase to the Regular,Council Meeting on December 15, 1976; seconded by Gulley and
passed unanimously.
MICROFILMED
SEN u 3 wo'
Minutes
Regular Council Meeting
December 8, 1976
Page 2
Motion by Lozano to encourage all interested persons to attend the December
14 meeting in Sinton; seconded by Gill andopassed unanimously.
*(Mayor Luby arrived at this time.)
Mayor Luby called for the City Manager's Report, and City Manager Townsend'
presented the following items in some detail since they had not been discussed at the
morning Workshop Meeting.
a. Recommendation that a public hearing be held at 3:30 p.m. during a
Special Council Meeting on January 5, 1977 on the following zoning
applications:
(1) Mr. W. Sam Perkins, "R-2" to "A-2", located along the west right of
way line of Carroll Lane south of Houston Street.
(2) Fox Photo: Exception to the Screening Fence Requirement, at the
southwest corner of S. Staples Street and Kostoryz Road. '
(3) Spohn Hospital, "A-2" and "B-4" to "B-2", located between Ocean Drive,
Ayers, Third, and Elizabeth Streets.
(4) Mr. Tony Juarez, Jr., "AB" to "B-1", located at the southwest corner
of Baldwin Boulevard and Cleo Street.
(5) Text Amendment to Zoning Ordinance #6106, Articles 16 & 17, amendment
to Article 16 would clarify that storage of wrecked vehicles is not
permitted in the "B-4" District while the proposed amendment to
Article 17 would allow people to reside in the same structure as their
businesses as an ancillary use.
b. Recommendation that bids be received at 11:00 A.M., Tuesday, December 28,
1976 for 810 trees including 300 2" tallow, 300 2" cottonwood, 50 2" live
oak, 20 3/4" Australian pine, 90 4'-5' palm, and 50 8'-10' palm for use
in various City parks and the golf course.
c. Recommendation that bids be received at 11:00 A.M., Tuesday, December 28, 1976
on installation of 192 lineal feet of acrylic marble wainscoting on the
walls of the antique gallery in the second building of the Corpus Christi
Museum. This gallery will be used to display donated antiques and artifacts
from area homes. Funds are available in the 1976-77 budget for the
wainscoting.
d. Recommendation that authority be granted to receive bids on Wednesday,
January 5, 1977 for the lease of minerals underlying a 65.5 acre tract of
land owned by the City adjacent to Lake Corpus Christi. A previous lease
on this tract'has expired. One individual has expressed an interest in
leasing the minerals. The proposed lease would provide that:
1. The minimum period be 90 days with a bonus of at least $12.50 per
acre per year.
2. Any surface use receive the approval of the Lower Nueces River Water
Supply District.
3. All City land drilling ordinance requirements would apply.
4. Unitization of any portion would only hold the portion so unitized
beyond the primary lease.
Minutes
Regular Council Meeting
December 8, 1976
Page 3
e. Recommendation that a requested exception to Subsection 6.2 of the Land
Drilling Ordinance to permit Mr. Murphy H. Baxter to use earthen pita for
mud storage drilling of the Johnny Wilson Well #1 located approximately
one mile east of the airport inside the city limits be denied. City policy
has discouraged the use of earthen pits for any drilling operation within
the City limits to prevent surface contamination from chemicals or other
materials.
f. Recommendation that a drainage easement, consisting of two 30' wide
tracts extending east and west off McKenzie Road between Leopard Street
and Haven Road for approximately 2,800 feet, be abandoned. This easement
vacation was a condition in the acquisition of a 10.832 acre parcel for
the Mayfield-Starlite Lane drainage ditch project.
g.
Recommendation that Corpus Christi Construction Company, developers of
Caribbean Place Subdivision, Unit 3, be reimbursed for one-half the cost
of street and sidewalk improvements on Mediterranean Drive adjacent to
the dedicated park in the subdivision and $5,681.57 be appropriated for the
City's share. The Platting Ordinance provides that the City pay its share
of construction cost for streets which abut dedicated parks.
h. Recommendation that the Water Fund be reimbursed $24,247.24 for Community
Development project work done by Water Division forces in October for -
improvement to the water distribution system in the Washington -Carver
Unit 2 project area and that the Wastewater Fund be reimbursed $16,638.75
for expenditures in October in laying sewer laterals in Waldron Subdivision
in Flour Bluff.
i. Recommendation that a contract be authorized with the IBM Corporation for
the purchase of an additional line adapter on the City's computer system for
$7,793.10 with payments of $375 down and $167 per month during 1976-77. The
installation will reduce the number of transactions on the present utility
line adapter by moving the Tax, Collections, Accounting, and Data Processing
terminals to the proposed adapter and improve the Utility Department's
ability to access the computer. Budgeted funds are available through the
deferral of converting the remaining Model I disk drives to Model II. The
full cost will be paid at 51% interest over 44 months, the same period during
which payments are being made on the computer.
j•
Recommendation that authority be granted to submit an application to the
Criminal Justice Division for 5th year funding of the Nueces County
Organized Crime Control Unit and execute all documents necessary to continue
the program if the grant is approved. The grant provides for 3 Sergeants,
2 Deputy Sheriffs, 1 Patrolman, a part-time Assistant District Attorney,
an Analyst, and Secretary. The total project cost is $178,682 of which the
Federal portion (40%) is $71,366 with matching in-kind (60%) consisting
primarily of personnel by the City of $85,181 and the County $22,135.
k. Recommendation that the offer of Burtex Constructors, Inc. to complete
'interceptor 34-A Section 3, a sewer ]ine in Up River Rood and Sharpsburg
Road, be acknowledged and the action taken on November 24, 1976 declaring
the contract to be in default be withdrawn. The contractor has advised
that they are prepared to commence construction immediately and pursue
the work to completion in accordance with the contract and the Plans and
Specification. Representatives of the city and the consulting engineer
will closely monitor the work both to assure its proper completion and also
to be alert for any unanticipated construction problems.
Minutes
Regular Council Meeting
December 8, 1976
Page 4
City Manager Townsend added on item "k" that a letter would be sent to the
bonding company that the City Council had rescinded its declaration of default in
return for the contractor, Burtex Construction, promising to begin construction
December 13, 1976 according to the terms of the contract, subject to the performance
bond.
1. Recommendation that bids be received on December 28, 1976 for a 24 -month
contract for uniform rental service for use by 344 employees in 9 divisions.
m. Recommendation that bids be received at 11:00 a.m., Tuesday, January 4, 1977
for the purchase of movable equipment for the Corpus Christi Health Center,
estimated to be completed by early 1977. The equipment includes desks,
bookcases, tables, chairs, stools, medical equipment, X-ray machine and
miscellaneous office furniture.
n. Recommendation that a public hearing on the Environmental Assessment and
Facility Plan be held on Wednesday, January 12, 1977 at 4:00 p.m. in
the Council Chamber regarding the wastewater treatment facilities in
Flour Bluff. The public hearing and its transcript are requirements of
Public Law 92-500 and are necessary as part of the Step 1 grant work for
this project. The proposed project involves increasing capacity from
500,000 to 1,300,000 gallons per day and providing duplication of units
to meet the reliability criteria of EPA for a plant discharging in shell
'fish areas.
0. Recommendation that a resolution be approved authorizing continuation of
the Narcotics TaskForce for one year after initial Criminal Justice
Division funding. The additional year would be at 100% local cost if
no federal funds are available ($69,000) or 20% if federal assistance is
provided ($13,800).
Mayor Luby then opened the floor for discussion from the audience regarding
the City Manager's Report. Mr. Emile Bolden addressed the Council in opposition
to items "j" and "o". He spoke intensely that a car in which he was a passenger
was stopped today by two plainclothes police officers and illegally searched while
he was "minding his lawful business." He acknowledged that the police officers were
polite, but maintained the incident was a great embarrassment to him because he is
an "upright citizen" with a wife and four children. Mr. Bolden stated he is "tired
of Black people being victimized by local police"; he stated he feels the nation is
in a "police syndrome", and urged the Council not to pass any more law enforcement
programs which would give the agencies more power. He also charged that our local
Police Department keeps "sheets" on private citizens through a "Law Enforcement
Intelligence Unit" which he read about in a magazine article. He told the Mayor and
. Council that the Police Department has sheets on all of them.
Minutes
Regular Council Meeting
December 8, 1976
Page 5
City Manager Townsend responded to Mr. Bolden that if he feels he was
stopped improperly, he is well aware of the process for filing a complaint before
the Department and it would be investigated in the proper time and place. Mr.
Townsend added that the process of keeping "sheets" on individuals was discontinued
a few years ago; that the only records kept presently are arrests and charges,
which are on the computer.
Mayor Luby asked for a full report on the incident and also directed the
City Manager to find out if the Police Department has a sheet on himself.
Motion by de Ases that the City Manager's Report (items "a" through "o") be
approved; seconded by Sample and passed --with Luby voting No on items "j" and "o".
Mayor Luby recessed the meeting at 3:35 p.m. prior to a Special Council Meeting
on three zoning cases.
The Regular Council Meeting was resumed at 4:22 p.m. with presentation of the
ordinances by City Manager Townsend. No one from the audience addressed the Council
relative to the ordinances. Mayor Luby declared the ordinance renewing the Nueces
County Organized Crime Control Unit and the resolution pertaining to the Narcotics
Task Force to be heard on three readings rather than as emergency items. City
Secretary Read then polled the Councilmembers for their vote; all ordinances passed,
as follows:
SECOND READING: -
AMENDING ORDINANCE NO. 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 second time and passed to its third reading
by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting
Aye.
THIRD READING: ORDINANCE NO. 13505
AMENDING ORDINANCE NO. 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 third time and passed finally by the following
vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye; Luby voting Nay.
THIRD READING: ORDINANCE NO. 13506
AMENDING ORDINANCE NO. 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 third time and passed finally by the following
vote: Tipton, de Ases, Gulley, Lozano and Sample voting Aye; Luby and Gill voting Nay.
Minutes
Regular Council Meeting
December 8, 1976
Page 6
THIRD READING: ORDINANCE NO. 13507
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 third time and passed by the following
vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye.
THIRD READING: ORDINANCE NO. 13508
AUTHORIZING THE CITY MANAGER TO EXECUTE A 5 -YEAR LEASE WITH COASTAL BEND RENT -A -CAR,
INC. (DBA AVIS), COVERING THE RENTAL OF SPACE AT INTERNATIONAL AIRPORT FOR THE
OPERATION OF A RENT -A -CAR CONCESSION, TO BEGIN FEBRUARY 6, 1977, AND PROVIDING FOR
MINIMUM RENTALS, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL
COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A".
The foregoing ordinance was read for the third time and passed by the following
vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye.
THIRD READING: ORDINANCE NO. 13509
AUTHORIZING THE CITY MANAGER TO EXECUTE A 5 -YEAR LEASE WITH HERTZ CORPORATION
COVERING THE RENTAL OF SPACE AT INTERNATIONAL AIRPORT FOR THE OPERATION OF A RENT -
A -CAR CONCESSION, TO BEGIN FEBRUARY 6, 1977, AND PROVIDING FOR MINIMUM RENTALS,
ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A".
The foregoing ordinance was read for the third time and passed by the following
vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye.
THIRD READING: ORDINANCE NO. 13510
AUTHORIZING THE CITY MANAGER TO EXECUTE A 5 -YEAR LEASE WITH NATIONAL CAR RENTAL
OF CORPUS CHRISTI, INC., COVERING THE RENTAL OF SPACE AT INTERNATIONAL AIRPORT
FOR THE OPERATION OF A RENT -A -CAR CONCESSION TO BEGIN FEBRUARY 6, 1977, AND PROVIDING
FOR MINIMUM RENTALS, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL
COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A".
The foregoing ordinance was read for the third time and passed by the following
vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye.
THIRD READING: ORDINANCE NO. 13511
AUTHORIZING THE CITY MANAGER TO EXECUTE A 5 -YEAR LEASE WITH PAGAN LEWIS MOTORS, INC.
DBA BUDGET RENT -A -CAR OF CORPUS CHRISTI, COVERING THE RENTAL OF SPACE AT INTERNATIONAL
AIRPORT FOR THE OPERATION OF A RENT -A -CAR CONCESSION TO BEGIN FEBRUARY 6, 1977, AND
PROVIDING FOR MINIMUM RENTALS, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A
SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A".
The foregoing ordinance was read for the third time and passed by the following
vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye.
ORDINANCE NO. 13512
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CORPUS CHRISTI CONSTRUCTION
COMPANY, DEVELOPERS OF CARIBBEAN PLACE SUBDIVISION, UNIT 3, WHEREBY THE CITY WILL
REIMBURSE THE DEVELOPERS FOR ONE-HALF THE COST OF STREET IMPROVEMENTS AROUND THE
DEDICATED PARK IN CARIBBEAN PLACE SUBDIVISION, UNIT 3, ALL AS MORE FULLY SET FORTH
IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A",
AND MADE A PART HEREOF; APPROPRIATING $5,681.57 OUT OF THE NO. 220 STREET BOND FUND
FOR THE CITY'S SHARE OF THE COST APPLICABLE TO THE AFORESAID PROJECT, NO. 220-72-31;
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
December 8, 1976
Page 7
ORDINANCE NO. 13513 •
APPROPRIATING OUT OF NO. 162 FEDERAL -STATE GRANT FUND, COMMUNITY DEVELOPMENT BLOCK
GRANT ACTIVITY 4734, CODE 502, THE AMOUNT OF $24,247.24 TO REIMBURSE NO. 141,
WATER ACTIVITY 5171-602, FOR THE CITY FORCE ACCOUNT WORK PERFORMED DURING OCTOBER,
1976, APPLICABLE TO WASHINGTON -CARVER UNIT II, AS ALLOCATED IN THE COMMUNITY
DEVELOPMENT BLOCK GRANT CONTRACT FOR UTILITY SYSTEM IMPROVEMENTS AND RELOCATION;
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. 13514
APPROPRIATING OUT OF NO. 162 FEDERAL -STATE GRANT FUND, COMMUNITY DEVELOPMENT BLOCK
GRANT, ACTIVITY 4734, CODE 502, THE AMOUNT OF $16,638.76 TO REIMBURSE FUND 109
WASTEWATER SERVICES ACTIVITY 5371, CODE 602, FOR CITY FORCE ACCOUNT WORK PERFORMED
DURING THE MONTH OF OCTOBER, 1976, ON THE WALDRON SUBDIVISION LATERALS, STAGE II,
AS ALLOCATED IN THE COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT FOR FLOUR BLUFF
(SCHOOL AREA); 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.
FIRST READING:
AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE CRIMINAL JUSTICE DIVISION FOR
RENEWAL OF THE NUECES COUNTY ORGANIZED CRIME CONTROL UNIT, AS MORE FULLY DESCRIBED
AND SET FORTH IN THE GRANT APPLICATION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED
HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF; AUTHORIZING THE EXECUTION OF ALL
NECESSARY DOCUMENTS TO CONTINUE THE PROGRAM IF AND WHEN APPROVED.
The foregoing ordinance was read for the first time and passed to its second reading
by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye;
Luby voting Nay.
ORDINANCE NO. 13515
CLOSING A PORTION OF AN 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; 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.
ORDINANCE NO. 13516
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE IBM CORPORATION FOR
PURCHASE OF AN ADDITIONAL LINE ADAPTER FOR THE INTEGRATED COMMUNICATIONS ADAPTER
ON THE IBM S-370 MODEL 135 COMPUTER, ALL AS MORE FULLY DESCRIBED IN THE INSTALLMENT
PAYMENT AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A",
AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye.
ORDINANCE NO. 13517
CLOSING AND ABANDONING THE RIGHT-OF-WAY EASEMENT REQUIRED FOR DRAINAGE PURPOSES OUT
OF THE A.M. FRENCH ESTATE, B.S. AND F. SURVEY 11417, AS RECORDED IN VOL. 749, PAGE
250, DEED RECORDS OF NUECES COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS HEREINAFTER; 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
December 8, 1976
Page 8
FIRST READING:
RESOLUTION EXPRESSING THE INTENT OF THE CITY TO CONTINUE THE NARCOTICS TASK FORCE
IN THE POLICE DEPARTMENT AND TO PROVIDE THE NECESSARY FUNDS FOR SUCH OPERATION UPON
THE EXPIRATION OF THE GRANT FROM THE CRIMINAL JUSTICE DIVISION.
The foregoing resolution was read for the first time and passed to its second reading
by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye;
Luby voting Nay.
ORDINANCE NO. 13518
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 JACK L. CARTER BY AMENDING THE '
ZONING MAP BY CHANGING THE ZONING ON LOTS 18 AND 19, BLOCK 14, BELAIRE PARK UNIT 1,
SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-2" MULTIPLE
DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE 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. 13519
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 GREAT EXPECTATIONS OIL CORPORATION
BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 4 THRU 15, WOODLAWN ADDITION,
SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY
DWELLING DISTRICT, "R-2" MULTIPLE DWELLING DISTRICT, AND "SP" SPECIAL PERMIT 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.
City Manager Townsend then announced discussion of the appeal of Mr. Ben
House, heard on November 10, 1976, on behalf of C -K Paving, Inc. regarding rejection
of an application for water service from property adjacent to the city limits near
Rand Morgan Road, which appeared on the Workshop Agenda.
Attorney House repeated his previous request for water service with a waiver
of contractual annexation requirements. He made reference to four court cases which
ruled that "once a city goes into the business of serving individuals outside the
city limits then they must serve all individuals on a nondiscriminatory basis." Mr.
House read names from a list of 470 persons and companies which he stated have received
water service outside the city limits since passage of the ordinance governing same.
Minutes
Regular Council Meeting
December 8, 1976
Page 9
Mayor Pro Tem Tipton inquired if a fee in lieu of annexation was ever
considered. City Manager Townsend answered that it was discussed at one time but
never worked out. He went on to state that the present procedure is simple --if
the property is adjacent to the city it must annex to have water service; that Mr.
Keng wishes to have the benefit of water without paying taxes. He added that there
is a major water main at this particular location.
Attorney House added that the property had water at one time, but the meter '
was later pulled out; and that he is now told by the City Staff that the previous
application for water service cannot be found.
Mr. Doug Matthews, Director of Public Utilities, briefed the Council on
the present situation regarding water service around the city limit lines. City
Manager Townsend added to Mr. House's comments that the Staff agrees that the requirements
of the ordinance must be applied equally, but can find no instances where that hasn't
been done. He also elaborated on the requirement of annexation and the City's fire
protection responsibilities.
Mr. David Royal spoke from the audience concerning his revest for water
service which was denied; he called the requirement "blackmail annexation".
Motion by de Ases to deny C -K Paving's appeal; seconded by Sample and passed --
with Luby voting No.
Mayor Luby then called for petitions From the audience. Mr. Charles Blalock,
President of the Corpus Christi Teenage Baseball Team, asked for better lighting at
the baseball diamond at Price Field, which is a City park. He said the present lighting
was installed about 20 years ago and is very poor, saying it is the worst -lit ballpark
he has seen. He told the Council he will appear before the Park Board later this
month with his request, but has been toLd that no funds are available. He estimated
the cost of new lighting to be about $15,000.
The Council instructed the City Manager to try to find money for the lights.
Mr. Gabe Lozano, Jr. of Lozano Insurance Agency. complained that one of his
clients, Mrs. Felipe Hinojosa, recently rereivod a ticket for an illegal turn --causing
Minutes
Regular Council Meeting
December 8, 1976
Page 10
her insurance rates to go up $363. He protested the issuance of a ticket after only
one violation, and recommended a feasibility study concerning making all first offense
traffic tickets only warning tickets.
Mr. Lozano then introduced Mr. Rosendo Barrera, Sr., who presented the
Council with gold medallions commemorating the opening of the Padre Federal Savings
and Loan Association. Mr. Lozano then asked for a Proclamation from the Mayor for
"Padre Federal Savings and Loan Association Week", urging people to visit it. Mayor
Luby responded he would be happy to issue such a Proclamation.
Mr. Billy Coleman, Vice President of "Blacks United In Life Development"
(BUILD), expressed deep concern that their organization's previous application for
a four-phase project was not submitted for funding under the Public Works Act. He
stated that "since our last visit here we have received nothing but opposition from
the City Staff" and "have been given the run-around". He stressed the need in tracts
4 and 5 of the city for the types of services they proposed. Relative to their
day-care facility, he stated there are "76,000 low income eligible children in the
city --while only serving 1,600". He emphasized they are more concerned about
employment in the area rather than street improvements, which the Staff had planned.
City Manager Townsend responded that the deadline for submitting applications
under the Public Works Act has passed, but possibly they could apply for Community
Development monies.
Councilmember Sample stated he expected a clear-cuL wr.ttten explanation from
the Staff if either the Mexican -American Cultural Center project or the BUILD project
was not submitted; but that he had received none.
Mr. Townsend responded that land acquisition is not an eligible use of Public
Works funds, which limited BUILD's proposal to Phase I; and that Phase I is not
eligible because it involved leased office space. He further explained that the day
care facility did not have any source of operating income and the final plans could not
be developed in the necessary time limits. He added that the Staff feels that the
City should not get involved in day care without adopting some policy regarding it.
Mr. Townsend explained that their proposal for constructing a gym would not stand
Minutes
Regular Council Meeting
December 8, 1976
Page 11
because Ben Garza gym is located only about a mile away. He added that the
Mexican -American project was much further developed and the architect signed a
contract to complete the final plans in a very short time period.
Councilmember de Ases asked what other sources this project could be funded
through. Councilmember Gill added she favors holding public hearings throughout
the community to determine the needs and what the people want; and then pursuing
funding through all available means.
City Manager Townsend replied that a day care facility would qualify for
construction under Community Development monies, but could not be operated with them.
He stated there is a substantial need for more day care in the community, but the
figure of 76,000 low income eligible children in Corpus Christi which Mr. Coleman
gave is totally inaccurate.
Mr. David Saenz, 1430 Seventeenth Street, spoke against naming a Police
Chief from outside the city, and urged the City Manager to consider appointing
Acting Police Chief Bill Banner to that position.
City Manager Townsend responded that he will make his recommendation on
the basis of the best person he is able to find for the job, whether that person
is from within the city or not.
There being no further business to come before the Council, on Motion by
Tipton, seconded by Sample and passed unanimously, the Regular Council Meeting of
December 8, 1976 was adjourned at 6:10 p.m. (at which time the Council went back
into Workshop for a presentation on Community Development.)