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HomeMy WebLinkAboutMinutes City Council - 02/02/1977y y MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING FEBRUARY 2, 1977 2:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Councilmembers: Eduardo E. de Ases Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward Sample City Manager R. Marvin Townsend Executive Assistant City Attorney Michael May City Secretary Bill G. Read Mayor Luby called the meeting to order in the Council Chambers of City Hall. Reverend A. Arnott Ward of the Jackson Woods Presbyterian Church gave the Invocation. Motion by Sample that the Minutes of the Regular Council Meeting of January 12, 1977 and the Regular and Special Council Meetings of January 19, 1977 be approved as submitted; seconded by Lozano and passed unanimously. Mayor Luby announced he had issued the following Proclamations: "March of Dimes Birth Defects Prevention Month" - February, 1977; "Local History Week" - February 3 through 10, 1977; and "Texas A & M Day" - February 8, 1977. Mayor Luby then recognized Mr. G. V. Garcia, Director of the Flour Bluff New Hornet Band, who explained that the band has been invited to participate in the Vera Cruz annual parade. He stated that the students will be leaving in about two weeks by boat, which is a courtesy of the Mexican government. City Manager Townsend then asked if the scheduled public hearing on the request to close George Street could be postponed, and heard in conjunction with the E. L. Caldwell & Sons zoning case at the Special Meeting at 3:30. He stated the two are tied together and it would be easier to present them both at the same time; that was agreeable to the people in the audience. Mayor Luby,then called.for the City Manager's Report; City Manager Townsend presented the following items, with related explanations and discussion: M_1CROFILMEQ SEP 0 31980 Minutes Regular Council Meeting February 2, 1977 Page 2 a. Recommendation that a public hearing be held at a Special Council Meeting at 3:30 p.m. on February 23, 1977 on the following zoning applications: (1) Mr. Jordon B. Kirshenbaum - "AT" to "B-1", located along the west side of Ocean Drive approximately 850' west of Airline Road. (2) Dr. W. R. Hubler - "R-2" to "B-1", located on the northeast corner of Brownlee Boulevard and Elizabeth Street. (3) Mr. Joe Keliehor - "R -1B" to "8-4", located between South Padre Island Drive and Williams Drive, approximately 700' west of Nile Drive. (4) Mr. Stephen Dean - "R -1B" to "B-4", located on the northeast corner of McKinzie Road north of Leopard Street. b. Recommendation that a public hearing be held at 2:00 p.m. on March 9, 1977 on a grant application to the Urban Mase Transportation Administration for operational assistance for 1976-77 of approximately $467,500. c. Recommendation that all bids be rejected for the lease of magnetic disc packs, and that the City exercise their option to extend the present lease for two years on Type 1 disc pack. A review of disc pack storage recently completed by the data processing manager indicates there is no longer a need for a three-year lease as specified in the specifications of the Type 1 disc packs. The Type 1 disc packs will be phased out over a two-year period and the Type 11 disc packs will be utilized for their increased storage capacity and will be placed on a one-year lease option to purchase basis as they are needed. (Bid Tab #8-77) d. Recommendation that the bid award for two van type buses, equipped with wheelchair lifts to provide transportation for handicapped and elderly persona be made to BOLAIN EQUIPMENT, INC., Denton, Texas on the basis of low bid of $25,696. The vans will be used by Senior Community Services and will accomodate two wheelchairs and six ambulatory passengers. The vans are included in the 1975 Urban Mass Transportation capital grant. (Bid Tab #9-77) e. Recommendation that bid award of X-ray film processing equipment for the Health Department be made to the following firms: Texas X -Ray Company, Corpus Christi Item 1 (1) Film Processor General Electric Medical Supply, Corpus Christi Item 2 Film Storage Bin Item 3 Film Printer Item 4 Film Printer Item 5 Adjustable Safelight GRAND TOTAL $6,540.77 229.50 159.80 122.40 31.23 $ 542.93 $7,083.70 The apparent low bid on Item 1 ($5,800) and Item 4 ($98) by Litton Medical Systems, Houston, are not recommended because complete specifications on the equipment bid was not submitted. The low bid submitted by R. P. Lincheloe Company, Corpus Christi, on Item 3 ($159.70) and Item 5 ($27.10) also are not recommended because it would not be advantageous to split these items because of the small difference in price between this and the recommended bid. An identical bid of $122.40 on Item 4 by Texas X -Ray, Corpus Christi, is not recommended because no warranty was submitted on the printer whereas General Electric Medical Supply offered a 6 -month warranty. Bids were received from 4 firms. (Bid Tab 10-77) - • Minutes Regular Council Meeting February 2, 1977 Page 3 f. Recommendation that 8 replacement 27,500 GVW (gross vehicle weight) cabs and chassis and related 20 cubic yard rear load packer bodies • be purchased from Edaburn International Trucks, Inc., Corpus Christi, and Pak -Nor Manufacturing Company, San Antonio, respectively, on the basis of low bid of $98,911.12 and $53,600, respectively. These trucks are being purchased in lieu of the five 29 cubic yard trucks in the 1976-77 budget because the 29 yard truck purchased in 1975-76 has not improved efficiency. The money allocated for the 5 larger trucks is sufficient to cover purchase of these 8 trucks. Bids were received from 4 firms on the cabs and chassis and from 5 firms on the packer bodies. Price comparison shows an increase of approxi- mately 41% per unit on the cabs and chassis since February, 1974 and approximately 6% per unit on the packer bodies since November,1972. (Bid Tab 111-77) g. Recommendation that plans and specifications for various improvements in the Bayfront area be approved and bide be received on February 23, 1977. h. Recommendation that the architectural contract with Bennett, Martin, & Solka, Consultants for design of the Health Center, be amended to reflect a fee increase from 8% to 11.5% for the preparation of the specifications for the fixed and movable equipment for the Center. Fees for equipment are in a different category than for general building design. This amendment will result in estimated additional architectural fees of $3,500 based on the estimated cost of the equipment. 1. Recommendation that the Corpus Christi International Airport concourse and baggage claim renovation project be accepted and final payment of $26,947.40 be made to Tanner H. Freeman for a total of $140,625.50. This project included the installation of a security check-in counter and related electronic security devices within the Airport terminal, the construction of a continuous glass curtain wall along the north side of the concourse at the Airport, and the installation of a revolving baggage turntable in the baggage claim area. j. Recommendation that Lot 24-B, Block G, Flour Bluff Estates 1(418 Linnet Court) be sold to Mrs. Evelyn L. Moore for a cash payment of $1,728 on the basis of the best bid received. The lot was acquired through delinquent tax foreclosure. Authority to receive bide for the lot was granted on December 29, 1976. Two bids were received. k. Recommendation that a permit be granted to Shenandoah Oil Corporation to drill a well as a straight hole to a depth of 14,500' at a regular location in State Tract 749. The well will be located one mile north of Corpus Christi Beach in Nueces Bay. No exceptions to the Bay Drilling Ordinance have been requested. 1. Recommendation that a supplemental $20,452.50 be authorized to pay the common fund formed by the group of South Texas cities for expenses incurred by consultant and legal counsel in the analysis of the Central Power and Light Company rate increase request. This additional amount is based on $.10 per capita the same as previously levied on each of the participating cities. Funds received from the initial request were $74,168.66. Consultant and legal counsel fees to date have been $72,320.72 with outstanding bills through December 31 of $61,296.68. Supplemental funds for these expenses have been requested from each of the 80 participating cities for an additional $76,589.60. The Public Utility Regulatory Act provides for reimbursement by the utility company of all reasonable costs of rate consultants and other experts in rate making proceedings. Such relai'bursement will promptly be sought once a final determination is reached in the rate matter. Minutes Regular Council Meeting February 2, 1977 Page 4 m. Recommendation that Article III of Chapter 13 of the Corpus Christi Code be amended to correct omissions in the recently adopted modification of the City ordinances. The new modification failed to include the following: (1) A 1970 ordinance increasing membership of the Electrical Advisory Board from 7 to 9. (2) Part of a 1969 ordinance allowing substitution of training at a technical school or college for experience in meeting the requirements for a master electrician's license. (3) A 1976 ordinance providing that one of the two engineering members of the Board need not be a registered professional engineer but instead must have a bachelor's degree in engineering and 5 years experience in electrical engineering. Mr. Townsend stated he preferred to present the remaining five items separately, as they needed more explanation. There was no discussion from the audience regarding the foregoing items. Motion by Tipton that items "a" through "m" of the City Manager's Report be approved; seconded by de Ases and passed -- with Luby voting No on item "1". City Manager Townsend then presented recommendations n, o and p, as follows: n. Recommendation that the 1976-77 Budget be amended by appropriating $265,743 of Title II funds from the Public Works Employment Act for support of Water'Fund activities. Because of unusual wet weather during the last three months of 1975-76, water revenues were $98,198 under the revised estimate. In addition, underestimated water purchase of $84,247 and underestimated encumbrances of $83,239 contributed to an overestimated opening balance of $265,684. 0. Recommendation that the 1976-77 Budget be amended by appropriating $52,338 from the Gas Fund unappropriated fund balance to increase the Gas Fund payment in lieu of property taxes to the General Fund by $52,338 to provide the amount that would have been included in the . General Fund budget had the Gas Fund estimated income been sufficient to budget its full payment in lieu of property taxes. This payment is calculated by taking 60% of the net book value of the Gas system after depreciation, or $7,254,172 times the current tax rate of $1.54. The Gas Fund ended 1975-76 fiscal year over its estimated beginning balance by $341,296 due to less gas purchased than estimated. P. Recommendation that $26,500 be appropriated from the General Fund as a contribution to the Transit Fund to offset part of the 1975-76 operating deficit and to make possible the full local share to match the anticipated federal Urban Mass Transportation Administration (UMTA) grant of $375,976. The amount of the needed transfer could not be determined until UMTA finalized its calculations regarding its participation in the 1975-76 deficit. UMTA staff has now indicated that they are prepared to approve a grant of $375,976 as soon as the City has fully matched that grant. The Transit Fund ended 1975-76 with a deficit fund balance of $390,502. Minutes Regular Council Meeting February 2, 1977 Page 5 Mr. Townsend distributed to the Council copies of his memo giving a comparison of estimated to actual opening balances for the budget. He reviewed the closing balances in the funds in the 1975-76 budget, and explained how the closing deficits or excesses affect the estimates made by the Staff in support of the 1976-77 budget. After a full presentation and discussion, he ended that there is leas than .6% variationinthe 1976-77 budget estimate and the July 31, 1976 audit of the various funds. He also reported that corrective actions have been taken to avoid the estimating problems which caused those estimating errors in 1975-76. There was some discussion concerning the fact that the General Fund ended 1975-76 by $276,132 less than its estimated ending balance -- primarily due to overexpenditures in the Police Division in salaries and overtime. City Manager Townsend stated that he and the Budget Director will personally review that area in the future to see'that the overexpenditure does not happen again. Mayor Luby inquired if there is any money available to repair the streets which need repair due to the extensive rains this year. City Manager Townsend answered that there are plenty of materials on hand to make the repairs, and they plan to assign more of the regular crew to that work in the near future. In further discussion, City Manager Townsend emphasized that all expenditures were within last year's budget; but that the variations resulted in lesser opening balances in this year's budget. He also explained that the Staff is required to base their estimates on the averages. He continued that recommendations "n", "o" and "p" specifically address the problems brought about by the 1975-76 closing balances. After further discussion and review of those items, City Manager Townsend presented the remaining items from the City Manager's Report: q. Recommendation that the sewer extension front foot charge for existing lines be increased from $2 to $5 effective May 1, 1977. For new lines, the $2 price will remain in effect for 6 months beyond the date of acceptance or completion of the extension to property with existing improvements. After the six month period, the price would be $5. For new linea, the $5 price would be effective immediately for all vacant property. Minutes Regular Council Meeting February 2, 1977 Page 6 *Later deleted r. Recommendation that a moratorium be placed on platting activities within Flour Bluff to be effective until funding arrangements have been completed for improvement and expansion of the Flour Bluff wastewater treatment facilities. The moratorium would prohibit any official action by the Planning Commission to approve or conditionally approve any new preliminary plats, time extension of preliminary plats that expire due to no finale being platted out of them within the time required by the Platting Ordinance or replats out of a recorded plat which increase the number of lots. The moratorium would not apply if the area included within the plat contains existing improvements and is being platted for the sole purpose of obtaining permits to improve these existing structures or for the purpose of dividing same for conveying title to the land and improvements. The moratorium would -also not apply to final plats out of an already approved preliminary plat. City Manager Townsend explained that those two items come about as a result of the Council's direction in the January 19th meeting and the discussion of the sewer service problems in Flour Bluff. He showed a map of Flour Bluff and described the status of subdivisions proposed there, pointing out the existing lift stations and lines. He stressed that recommendation "r" would not be a moratorium on all building permits in Flour Bluff, but would only affect vacant property not yet before the Planning Commission and not yet with an approved preliminary plat, because there would not be an ability to show that sewer facilities would be available. He added that developments could be approved with their own package plant, however. Mr. Townsend went on to explain that the Council could choose to go ahead and approve the plats, but deny plumbing permits for taps. He also warned that the Water Quality Board has the authority to deny building permits if the plants are over capacity. He explained that the City has made an EPA request for 75% of the monies needed for construction of treatment plants in Flour Bluff, but that the Staff has learned that th� Broadway_pla is.fourth.in line and the othersimuch lower. There was further discussion relative to recommendation "r". Mayor Luby stated he believes the ordinance placing a moratorium on platting in Flour Bluff is too strict and worded too strongly. Councilmember Gill stated she favors it, because the problem would worsen with a lot more growth in Flour Bluff. Councilmember Gulley stated he doesn't "think it's fair to single out one area of town", and he is against it. Mayor Pro Tem Tipton favored not placing the moratorium on platting until about six weeks, to try to pass a bond election for a sewer plant in Flour Bluff. Minutes Regular Council Meeting February 2, 1977 Page 7 Responding to Councilmember Gulley, City Manager Townsend explained that the Flour Bluff plant is the only one in the city with a volume problem, Mayor Luby expressed his opinion that Corpus Christi relies too heavily on federal grants to get the sewer systems operating. Councilmember Sample stated he favors the recommendations and thinks they would relieve some of the problems the people in Flour Bluff are presently experiencing. Councilmember de Ases remarked that he believes some of the people in Flour Bluff might not understand that the proposed ordinance would not prohibit all building in Flour Bluff but will allow people to proceed with developing what has already been platted. He suggested that they hear from those in the audience who wished to speak on the matter. Mayor Luby then opened the floor for discussion from the audience, and Mr. Charles Bennett, 201 Leming, stated he is the developer of the proposed Laguna Cay subdivision in Corpus Christi. He agreed that there is a sewer problem in Flour Bluff, but urged that the Council try to solve it with a bond election. He stated he thinks it is unjust that the City spends over two million dollars on land for a convention center when it cannot provide sewer service to all its homes. City Manager Townsend responded that the recommendations before the Council would not affect development of the Laguna Cay subdivision whatsoever. But he cautioned that if those recommendations are not approved and other lots are developed first, it could seriously affect it. He stated that the Flour Bluff plants could only handle a maximum of 200 more lots, so the situation is clearly on a first-come, first- served basis. Mr. Van Rousseau next presented a petition (#4-77) to the Council signed by over 100 residents in Flour Bluff requesting sewer service on Retta Street. He stated that they are "living in a cesspool out there." He also complained that even after a bond election passes, the money for the improvements is often allotted to large apartment complexes and subdivisions --and he doesn't think it's fair. City Manager Townsend responded that the situation on Retta Drive is both a sanitary sewer and drainage problem; that it is a very flat area which is very difficult to drain, but that the Staff is trying to take corrective action on the drainage problem. He also stated that no more building permits are being issued at Minutes Regular Council Meeting February 2, 1977 Page 8 the present time for that immediate area, and the Staff is working on cost estimates for the next capital improvement program. A gentleman from the audience stated he has lived in Flour Bluff for 16 years and has heard the same story all that time, that the sewer plant is overloaded. He urged the City to do something, stressing that their families need a healthy place c to live. Mr. Herbert Alexander, 433 Miramar, addressed the Council that he built a lift station for his development several years ago, and twenty-seven homes=use it today. He also complained that the land still isn't drained, and it cost him some $40,000 to do so. He explained he has a prospective partner for the development of over 58 acres of land, but they would like to replat it and develop it differently than originally planned -- while not increasing the density. City Manager Townsend replied that the Staff considers his area as being already approved, and there would be no problem with his project. Mr. David Ruston told the Council that last Friday he bought a house in Flour Bluff, and hopes he gets to use it. He said he thinks there is a lack of long-range planning over the whole city to get the job done. He stated that the Planning Commission keeps making exceptions on zoning cases; he urged more planning and orderly approval for the city. Mr. Graford Rogers next addressed the Council relative to getting sewer service for Airline Subdivision. City Manager Townsend responded, "The subdivision is out for bids now as far as sewer lines on the streets"; but explained that after the 1972 bond issue, EPA placed a whole new series of standards on that plant and the money for the sewer main is still tied up because of those regulations. Mr. Rogers argued that their subdivision has been in the city limits since 1954 and still doesn't have sewer service, while other subdivisions coming into the city can get it -- which he doesn't believe is fair. Speaking on another issue, Mr. Rogers objected to being denied water service for his floor covering company, saying he had an engineering firm test the line and they concluded that another 12 users could hook onto it without any trouble, He also said that the Director of Public Utilities told him it would cost him over $35,000 to get water service there, while he could get it through the City of Robstown for about $2,000. Minutes Regular Council Meeting February 2, 1977 Page 9 City Manager Townsend responded that the Water Division will present a full report on water service at next week's Council Meeting, In further discussion, City Manager Townsend withdrew item "r", as the Council decided to instruct the Planning Commission to that effect rather than acting by ordinance. Mr. Dale Brunson, 11138 Jackson Terrace, inquired about item "q". He asked if it would affect his plans to develop some of his vacant land, which he said is currently in the platting process. He said there is a sewer line in front of his property, but wondered if he would have to pay the $5.00 per front foot price. He added that he has another lot which is vacant and is waiting for sewer lines before it can be developed. City Manager Townsend answered that since the line is already in, as long as he pays before May 1, 1977, he could get the $2.00 per front foot price. Motion by Tipton to accept items "n", "o", "p" and "q" of the City Manager's Report; seconded by de Ases and passed unanimously. Motion by de Ases that the Planning Commission be directed not to approve any additional preliminary plats in Flour Bluff without a definite showing to the satisfaction of the Planning Commission that sewer service would be available to those particular lots; seconded by Gill and passed unanimously. The Meeting was recessed at 4:42 p.m. to conduct a Special Council Meeting on four zoning cases. The Regular Council Meeting was resumed at 5:15 p.m. for the public hearing on the request to close George Street. City Manager Townsend again announced that this matter would be heard in conjunction with the E. J. Caldwell & Sons zoning application because George Street is involved in that case, too. City Manager Townsend briefly gave the history of the development of streets in that area. Then Mr. A. L. Gaut, one of the applicants, explained that he and his neighbor, Mr. Ronald E. Lowman, live on either side of George Street and are the only ones who use it. He said they are afraid that the adjacent land owned by Mr. Caldwell will be zoned industrial, and they want to prevent heavy thru traffic, The Regular Meeting was recessed at 5:21 p.m. to resume the Special Council Meeting for presentation of the E. L. Caldwell & Sons zoning application. Minutes Regular Council Meeting February 2, 1977 Page 10 The Regular Council Meeting was resumed at 6:08 p.m. to continue the hearing on George Street. Motion by de Ases that the hearing be closed; seconded by Gulley and passed unanimously. Motion by de Ases that George Street be closed; seconded by Tipton and passed unanimously. Mayor Luby recessed the meeting at 6:12 p.m. The Regular Council Meeting was resumed at 6:17 p.m. with petitions from the audience. Rev. Arnott Ward, Minister of the Jackson Woods Presbyterian Church, presented to the Council a petition (115-77) requesting that the City work with the Texas Highway Department to construct on and off ramps at the intersection of Interstate 37 and McKinzie Road. He asked that action be taken as soon as possible, and urged that the off ramp is of greater priority. City Manager Townsend stated that a specific request for an off ramp might expedite the rest of the project with the Texas Highway Department rather than waiting for their approval of plans for the entire intersection. After some further discussion, it was decided that the Staff would prepare such a request. Mayor Luby then opened the floor for petitions or discussion from the audience. Mr. Steve Menchaca, 50294Brandesky, complained of a $349.96 gas bill last month. He stated he has a four-bedroom house on piers, but that the previous month's bill was only about $63.00 -- which he thought was even high. He stressed that there is no way they could have used that much gas -- an increase from 17,000 cubic feet to 118,000 cubic feet of gas. He explained that a City inspector had found what he said was a small leak in the gas line last month, and had repaired it. Mr. Menchaca stated that after receiving such a high bill, he also had the line completely checked out by his plumber who found a small leak on the gas cock, which he fixed. He stated that he had never smelled any gas leaking anywhere, though. He went on to say that he had talked to two persons the Utility office about his high bill, but they claimed that it was all gas that he used. He repeated that there was no way he could have used that much. gas; that the City inspector must have'fixed a big leak in the line rather than a small one; or that it might have simply been a billing error. Minutes Regular Council Meeting February 2, 1977 Page 11 City Manager Townsend responded that any leak on the customer's side of the line is the responsibility of the customer; and that the Staff would be happy to check the kinds of volumes which could be lost through that kind of a leak. He told Mr. Menchaca that he would not have to pay the bill until the Staff checks further, and that they will contact him regarding what they find. Mr. James F. Vesely, 3014 Koepke Street in Hillcrest, complained that some of the men who live in that subdivision drive their companys' huge, loaded trailers and vans home for lunch, overnight or on weekends -- which he said is tearing up their streets. He stated that there is a sign prohibiting trucks in the subdivision, but the men drive them home anyway rather than parking them a block or so away and walking. He stressed that the streets will have to be repaired again soon, and urged that something be done about it. City Manager Townsend replied that the problem is different when the driver is driving home for lunch, overnight or whatever, than with trucks just driving through the subdivision on a route. He stated that Mr. Vesely has a very valid concern, and it may well be that the City's ordinances do not govern that situation and may need to be revised to include some further prohibition against parking large trucks at a residence over a certain period of time. He stated that the Staff will check the situation out further and see what can be done. City Manager Townsend then presented the following ordinances, with related comments and explanations. All ordinances passed, as follows: FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING CHAPTER 55, UTILITIES, ARTICLE X, EXTENSION OF SEWER LINES, BY AMENDING PARAGRAPH (b) (1) OF SECTION 55-130, AUTHORITY TO MAKE EXTENSIONS; PRO RATA FRONT FOOT CHARGE; PROVIDING FOR REPEAL OF AIL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING A SAVINGS CLAUSE. The foregoing ordinance was read for the first time and passed to its second reading as follows: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye. Minutes Regular Council Meeting February 2, 1977• Page 12 SECOND READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE WEST CORPUS CHRISTI ROTARY CLUB FOR A FIVE-YEAR EXTENSION OF THE CURRENT LEASE AGREEMENT AUTHORIZED BY ORDINANCE 10684, CONCERNING A TRACT OF LAND 300 FEET BY 400 FEET FROM TRACT B, NUECES VIEW TRACT, RECORDED IN VOLUME 28, PAGE 64, NUECES COUNTY PLAT RECORDS, FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A RECREATIONAL AREA FOR BOY SCOUT TROOP ACTIVITIES, AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye. SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH VALLEY GOLD DAIRY PRODUCTS COVERING LOTS 1 AND 1A, MCBRIDE COMMERCIAL SITES, FOR A TERM OF THREE YEARS, SAID LAND TO BE USED FOR A SUBSTATION AND TRANSFER POINT FOR TENENAT'S MILK TRUCKS, 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 second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye. SECOND READING: APPROPRIATING $17,385 FROM THE PROCEEDS OF THE SALE OF $7,105,000 CITY OF CORPUS CHRISTI, TEXAS, JUNIOR LIEN WATER REVENUE BONDS, SERIES 1977, TO THE TEXAS WATER DEVELOPMENT BOARD, FOR BOND ATTORNEY SERVICES OF MR. HOBBY H. MCCALL AND FINANCIAL ADVISORY SERVICES OF MR. M. E. ALLISON, SR. 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: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH JOE ROE FOR THE LEASING OF A TRACT OF LAND AT THE ALLISON WASTEWATER TREATMENT PLANT FOR A TERM OF 5 YEARS COMMENCING ON MARCH 2, 1977, AND END ON MARCH 1, 1982, IN ACCORDANCE WITH THE TERMS OF SAID LEASE, A SUBSTNATIAL COPY OF WHICH, MARKED EXHIBIT "A", IS ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES. 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. SECOND READING: AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH THE JUNIOR LEAGUE FOR A TERM OF FIVE (5) YEARS, LEASING TO THE SAID JUNIOR LEAGUE LOTS 3 AND 4, BLOCK 70, BEACH PORTION, A SUBDIVISION OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF; 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 February 2, 1977 Page 13 ORDINANCE NO. 13599: AUTHORIZING THE CITY MANAGER TO CONVEY BY WARRANTY DEED TO MRS. EVELYN L. MOORE A TRACT OF LAND DESCRIBED AS LOT 24-B, BLOCK G, FLOUR BLUFF ESTATES, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, UPON THE PAYMENT OF $1,728 CASH CONSIDERATION FOR SAID PARCEL, A COPY OF INSTRUMENT CONVEYING THE SAME BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the -foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye. ORDINANCE NO. 13600: AUTHORIZING A CONTRACT WITH BOLAIN EQUIPMENT COMPANY, INC., OF DENTON, TEXAS, FOR THE PURPOSE OF TWO 1977 DODGE -B-300 MAXI -VANS EQUIPPED WITH WHEELCHAIR LIFTS FOR TRANSPORTATION OF ELDERLY AND HANDICAPPED PERSONS, TO BE USED BY SENIOR COMMUNITY SERVICES; APPROPRIATING $25,696 OUT OF THE #218 TRANSIT BOND FUND; 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. 13601: AUTHORIZING AN ADDITIONAL PAYMENT TO THE COMMON FUND ESTABLISHED BY PARTICIPATING CITIES IN THE CENTRAL POWER AND LIGHT COMPANY RATE ANALYSIS FOR CONSULTANT AND LEGAL COUNSEL FEES ON A $.10 PER CAPITA BASIS IN THE AMOUNT OF $20,452,50 AS THE CITY'S PRO RATA SHARE ACCORDING TO THE POPULATION BASED ON THE 1970 FEDERAL CENSUS; APPROPRIATING AND REAPPAOPRIATING OUT OF THE NO. 102 GENERAL FUND RESERVE, ACTIVITY 4299, CODE 490, $20,452.50 FOR TRANSFER TO THE NO. 102 GENERAL FUND, ACTIVITY 4281, CODE 301; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye; Luby voting Nay. ORDINANCE NO. 13602: AMENDING THE 1976-77 BUDGET BY APPROPRIATING $52,338 FROM THE GAS FUND UNAPPROPRIATED FUND BALANCE AND INCREASING THE GAS FUND PAYMENT IN LIEU OF PROPERTY TAXES FROM $59,376 TO $111,714; 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. 13603: AMENDING THE 1976-77 BUDGET BY APPROPRIATING $265,743 FROM THE ANTIRECESSIONARY FISCAL ASSISTANCE FUND TO SUPPORT WATER FUND ACTIVITIES; 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. 13604: AMENDING THE 1976-77 BUDGET BY APPROPRIATING $26,500 FROM THE GENERAL FUND RESERVE AS A CONTRIBUTION TO THE TRANSIT FUND TO BE APPLIED TO OPERATIONAL EXPENSES FOR THE 1975-76 FISCAL YEAR, SUCH CONTRIBUTION TO BE CLASSIFIED AS AN ADDITIONAL LOCAL SHARE IN SUPPORT OF A GRANT APPLICATION TO THE URBAN MASS TRANSPORTATION ADMINISTRATION IN THE ESTIMATED AMOUNT OF $375,976; 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 February 2, 1977 Page 14 FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING CHAPTER 13, ARTICLE III, ELECTRICAL, DIVISION 1. LICENSING, BY AMENDING SECTION 13-61 SO AS TO INCREASE MEMBERSHIP ON THE ELECTRICAL ADVISORY BOARD TO NINE, TWO OF WHICH SHALL BE ENGINEERING MEMBERS, ONE A REGISTERED PROFESSIONAL ENGINEER IN TEXAS, AND THE OTHER AN ELECTRICAL ENGINEERING GRADUATE WITH AT LEAST FIVE YEARS EXPERIENCE; FURTHER AMENDING SECTION 1361 TO PROVIDE FOR TENURE OF TWO YEARS FOR EACH BOARD MEMBER; AMENDING SECTION 13-73(c) SO AS TO SUBSTITUTE TECHNICAL SCHOOLING OR COLLEGE EDUCATION FOR PART OF THE REQUIRED EXPERIENCE FOR LICENSING FOR MASTER ELECTRICIAN; FURTHER AMENDING SECTION 13-73 BY ADDING SUBSECTION (d), PROVIDING FOR LICENSING OF MASTER ELECTRICIAN - SIGN OR ELEVATOR,•AND BY ADDING SUBSECTION (e), PROVIDING FOR LICENSING OF MAINTENANCE ELECTRICIANS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION. 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. 13605: 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 DONALD A. WILKE . BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOT 25, BLOCK 1, LEXINGTON SUBDIVISION, 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. 13606: 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 BY ORDINANCE N0. 6106, AS AMENDED, UPON APPLICATION OF JACK T. BRADFORD BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1 AND 2, BLOCK 5, LEXINGTON ESTATES, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT AND "AB" • PROFESSIONAL OFFICE DISTRICT TO "B-3" 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. 13607: AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROVE AN ASSIGNMENT AGREEMENT BETWEEN CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AND PAGAN LEWIS MOTORS, INC., DBA BUDGET RENT -A -CAR OF CORPUS CHRISTI, INC., COVERING A TRACT OF LAND AT CORPUS CHRISTI INTERNATIONAL AIRPORT FOR THE PURPOSE OF INSTALLING AUTOMOTIVE SERVICE FACILITIES FOR THE SERVICING OF COMPANY-OWNED VEHICLES FOR HIRE, ALL AS IS MORE FULLY SET OUT IN THE ASSIGNMENT AGREEMENT, A COPY OF WHICH, MARKED EXHIBIT "A", IS ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES. 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. The Council next discussed action on CP&L's rate increase request. Minutes Regular Council Meeting February 2, 1977 Page 15 Motion by de Ases to appeal to the District Court to set aside the interim rates or obtain a temporary restraining order keeping the rates from going into effect until a final order has been issued in Docket #167, with one of the bases for the appeal being the failure of the Company to comply with Section 23 of the Act by failing to supply city -by -city data -- but not limited to that; seconded by Tipton and passed -- with Luby voting No. There being no further business, on Motion by de Ases, seconded by Tipton and passed unanimously, the Regular Council Meeting of February 2, 1977 was adjourned at 7;04 p.m.