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HomeMy WebLinkAboutMinutes City Council - 03/02/1977MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MARCH 2, 1977 2:00 P.M. PRESENT: t Mayor Pro Tem Bill Tipton Councilmembers: Eduardo E. de Ases Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward Sample 0 City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Pro Tem Tipton called the meeting t� order in the Council Chambers of City Hall in the absence of Mayor Jason Luby who was in Guadalajara, Jalisco Mexico for the innauguration of the governor of Jalisco, Mexico. Reverend Milton Bohmfalk, Pastor of South Bluff United Methodist Church gave the Invocation. City Secretary Read called the roll, and stated there. was a quorum present. Motion by Lozano that the Minutes of the Regular and Special Council Meeting of February 16, 1977, be approved as submitted; seconded by de Ases and passed unanimously. Councilmember Sample read a message from Mayor Luby explaining his absence and moved that Mayor Luby be excused from today's meeting. It was seconded by Councilmember Ruth Gill and passed unanimously. Mayor Pro Tem Tipton announced a Proclamation for "Membership Drive and Volunteer Appreciation Month - March, 1977 and presented the Proclamation to Chairman -elect, Mr. Jim Atwill and Sister Agnes Marie of the American Red Cross. City Manager Townsend announced the public hearing on closing the unimproved 60' right of way between Lots 15 and 16, Nueces Gardens No. 1 running between Violet Road and Leonard Drive north of Starlite Lane. City Manager Townsend gave the staff presentation and stated that the abutting property is being replatted and alternate right of way will be dedicated. There was no one in the audience in opposition to the closing. Motion by Sample that the hearing be closed; seconded by Gulley and passed unanimously. Motion by de Ases to close the unimproved 60' right of way between Lots 15 and 16, Nueces Gardens No. 1, as requested, subject to replatting; seconded by Gulley and passed unanimously. MICROFILMED SEP 0 31980 Minutes Regular Council Meeting March 2, 1977 Page 2 Mayor Pro Tem Tipton then called for the City Manager's Report. City Manager Townsend presented the following items, with related comments and explanations: a. Recommendation that the bid award for 21 breathing apparatus complete with back pack and carrying case be made to FIRE APPLIANCE COMPANY OF TEXAS, Wichita Falls, on the basis of most advantageous bid of $10,349. Fifteen of the units are replacement, four are for the new pumper and two are chlorine respirators for the Stevens and Cunningham water planta. The apparent low bid of $9,849 by Action Fire Equipment, Inc. is not recommended because the voice amplifier system is a completely separate unit attached to the outside of the fireman's coat where it is subject to being knocked off or snagged on an obstacle. The microphone and amplifier on the unit recommended are an integral part of the breathing apparatus. Bide were received from 9 firms. Price comparison shows a decrease of 8%. b. Recommendation that bid award for moving and relocating the historic Sidbury House be made to RIVERA HOUSE MOVING COMPANY, Taft, Texas, on the basis of low bid of $9,718. Bids were received from two firms. c. Recommendation that bid award for fixed equipment for the new Health Building be made to the following firms on the basis of low bid: CURTIN MATHESON SCIENTIFIC CO., Two Rivers, Wisc. Lot A - Fume Hoods $12,173.00 TEXAS OFFICE SUPPLY, Corpus Christi Lot B - Floor Safes 349.02 TEXAS DENTAL SUPPLY, INC., Houston Lot C - Dental Equipment 10,074.00 SCIENTIFIC PRODUCTS, Houston Lot D - Incubators & Lab Freezer 7,900.00 $30,496.02, It is recommended that the only bid received of $1,487 by Fisher Scientific Company of Indiana, Pa. on Lot E. (a commercial refrigerator) be rejected because the bid price is higher than it can be purchased locally. d. Recommendation that bid award on 1976/77 Fiscal Year requirements for replacement and additional motor vehicles be made to the following firms on the basis of: Wayne Strand Pontiac, GMC, Corpus Christi Gainan's Chevrolet City, Inc., Corpus Christi Pagan Lewis Motors, Inc., Corpus Christi Tradewinds Ford Sales, Inc., Corpus Christi Edaburn International Trucks, Inc., Corpus Christi Bids were received from 9 firms. $215,230.20 114,044.21 27;953.37 36,796.06 67,039.83 $4612_063.67 e. Recommendation that the City's annual requirements for lamps be purchased through a cooperative bid with the Corpus Christi Independent School District (estimated quantity 8,688 of various sizes). The District will receive bide with the City reserving the right to accept or reject. Combining the requirements should create more competition and lower bids because of the quantity involved. f. Recommendation that the contract for Flour Bluff south end sanitary sewer improvements be awarded to Heldenfels Brothers for $106,000. The project includes construction of a lift station in Whiteley Drive and an 8 -inch force main along Laguna Shores Road across from Tropic Isles main channel to an existing gravity system. An appropriation of $113,727.29 is needed to cover the contract award, engineering and related expenses. ilr Minutes Regular Council Meeting March 2, 1977 Page 3 g• Recommendation that a contract for the construction of the Flour Bluff Park Improvements, including three tennis courts with flexible base, a parking lot, utilities and related facilities, be awarded to Asphalt Paving and Construction Company for $73,439, subject to the approval of the Bureau of Outdoor Recreation. The project is funded with a Bureau of Outdoor Recreation grant and funds from the 1972 Bond Election. An appropriation of $80,000.00 is recommended including engineering and related expenses. h. Recommendation that the contract for construction of the Flour Bluff Park Pool be awarded to Beecroft & Williamson, Inc. for $284,550 subject to the approval of the Bureau of Outdoor Recreation and $303,900 be appropriated including additional architects fees and related expenses. The low bid of Hunt Building Company of $283,040 (a difference of $1,510) is not recommended because Hunt Building Company currently has three City contracts (Fire Station No. 14, Railroad Exhibit, and Flour Bluff Health Clinic) on which construction progress has been slow. The pool will be eight lanes and 25 meters.- Improvements also include a parking lot, bath house and related facilities. The project is jointly financed by the City and Federal government. 1. Recommendation that the agreement authorized on November 24, 1976 with Exxon Company regarding lowering Exxon's 4 -inch low pressure gas pipeline along Graham Road at Flour Bluff Park be amended to reflect actual costs of $6,261.89 rather than $3,800 as originally estimated. The higher costs were caused by wet weather conditions during construction and should be distributed as follows: $1,991.28 to existing appropriations for the Satellite Clinic and Utility pay station, and $4,270.61 to the Flour Bluff Park and Pool project. The line was lowered to allow construction of access drives to the clinic and pool. Recommendation that the contract for the construction of the Bayfront area improvements be awarded to R. S. Black for $32,766.50 and $34,437 be appropriated to cover the award of the contract, engineering and related expenses. The project includes the completion of the parking lot at North Channel Park, the construction of walkways and driveway ramps for the Harbor Playhouse, the removal and replacement of the ramps at the entrances of the Marina, and the correction of the drainage problem in front of City Hall. k. Recommendation that the contract for installation of pump parts at Pump Stations A and B be awarded to R. S. Black for $60,000 and $82,653.59 be appropriated for the contract, engineering supervision and related expenses. The contract as bid provides $19,600 for over- head and profit, $11,760 for direct labor costs in accordance with the contractor's proposed labor classifications, $1,058.40 for small tools and consumable supplies, $9,000 for equipment during construction based on the contractor's proposed equipment schedule and rates, and $18,581.60 for additional parts as required during construction. Because of the complexity of the project, it is recommended that a pump repair super- visor be retained during construction at a fee not to exceed $4,000. 1. Recommendation that the following actions be taken regarding street improvements on the following streets: (1) Comanche Street, from 19th Street to Port Avenue (2) Bonham Street, from Sokol Drive to dead end (3) Cosner Street, from Mahan Drive to McArdle Road (4) Hakel Street, from South Padre Island Drive to McArdle Road, and (5) Houston Street, from Carroll Lane to Kostoryz Road Minutes Regular Council Meeting March 2, 1977 Page 4 (A) The public hearing held February 23, 1977 be closed and the preliminary assessment roll including 188 items for a total assessment amount of $146,887.35, be adopted. (B) A construction contract be awarded to Asphalt Paving & Construction Company for $415,075.30. (C) Gulf Coast Testing Laboratory, Inc. be authorized to perform all material and quality testing during constructionfor $7,000.00. (D) An appropriation of $451,000 be approved of which $415,075.30 is for the construction contract, $7,000 for laboratory testing, and $28,924.70 for engineering and related expenses. m. Recommendation that bids recedved on February 23, 1977 on the Oak Park Recreation Center Improvements project be rejected. The engineer's estimate for this work was $165,000 and the low bid of two bids submitted on the project was $247,000. The 1972 Bond Program provided $175,000 for work at the Oak Park Recreation Center. A review of the scope of the project will be made by the City Staff with the intent to resubmit a project within funds available. n. Recommendation that the following streets be submitted to the Department of Highways and Public Transportation for the purpose of including these streets in the Urban Systems Program: Carroll Lane, Staples Street to McArdle Road Everhart Road, Staples to Padre Island Drive Morgan Avenue, Port Avenue to the Crosstown Expressway Baldwin Boulevard, Naples Street to Port Avenue Airline Road, Alameda Street to Padre Island Drive Horne Road, Columbia Street to Old Brownsville Road Waldron Road, Park Road 22 to NAS Drive McArdle Road, Ayers Street to Nile Drive Saratoga Boulevard, Staples Street to Weber Road Baldwin Boulevard, Agnes to Leopard Street Bridges on Ennis Joslin Road Calallen Drive, U.S. 77 to River Forest Drive Ayers Street, Port Avenue to Padre Island Drive Rand Morgan Road, Leopard Street to I.H. 37 Ennis Joslin Road, Alameda Street to Padre Island Drive These streets were discussed at the Council Workshop Meeting on October 13, 1976 and have already been submitted to the State; however, a resolution is required in order for the State to proceed. o. Recommendation that $7,500 be appropriated to cover additional costs on the Port Avenue project, Buford Street to S.H. 286. The State Department of Highways and Public Transportation has received bids on the project, and the City's share has increased by this amount. The City has previously placed in escrow $244,900 . p. Recommendation that payment of $8,500 for Special Commissioners Award plus 5800 for Special Commissioner's Fees, appraisal fees and court costs be approved for the acquisition of Parcels 7-A and 7-B, Rostoryz Road, Padre Island Drive to Holly Road Street Improvement Project and $1,500 be appropriated to supplement previous appropriations. These parcels are located at Kostoryz Road and Padre Island Drive. The project is being jointly funded by the State and City under the Urban Systems Program. Recommendation that drainage and utility easements for the Hearn Road Ditch project be acquired from Mr. and Mrs. William Starr ($4,000) and Mr. and Mrs. Vernon Coleman ($1,900) and $5,900 be appropriated therefore. The easements are located off Interstate Highway 37 west of Loma Alta Road. The drainage project was included in the 1972 Bond Election and the utility easement is needed to allow for extensions of sanitary sewers to to the Country Estates Subdivision. q. 1 -__.utas Regular Council Meeting March 2, 1977 Page 5 r. Recommendation that $6,800 for Special Commissioner's Award and $400 for Special Commissioner's Fees and court costs be approved for acquisition of Parcel Number 1, Inwood Park Expansion and the cost be appropriated out of the Park Trust Fund established by a payment in lieu of park dedication by the property across the street. This parcel is located on Trojan Drive and the Crosstown Expressway Frontage Road. s. Recommendation that Parcel Number 24 for Cheyenne Street improvements from Morgan to Tarlton be acquired from Ma. Emily B. Hicks and $250 be paid as damages in lieu of replacing approximately 30' of existing cedar fence. The property is located on the east side where Tarlton joins Cheyenne Street. No additional appropriation is necessary. t. Recommendation that values be approved and authority be granted to purchase three parcels for the extension of Aztec Street from Mohawk to Cheyenne Streets, a Community Development Block Grant Project and $17,000 be appropriated, including closing costs and related expenses. These parcels are between Cheyenne Street and Mohawk Street across the intersection of Aztec Street and Mohawk. u. Recommendation that $40,449 be appropriated from the Airport Bond Fund for appraisal services by Mr. Thomas F. Dorsey ($20,300) and Mr. Sidney H. Smith III ($20,149) for 27 parcels in connection with the International Airport Land Acquisition Project. The use of two independent real estate appraisers is required by Federal Acquisition Procedures. Total acreage of the area around the Airport to be acquired is approximately 1,775 acres. v. Recommendation that $6,000.00 be appropriated for appraisal services by Mr. Richard Clower in connection with the acquisition of 9 parcels of land for the West Oso Drainage Outfall Project. These parcels are located west of Navigation Boulevard between Highway 44 and Rockford Road. w. Recommendation that Mr. John Tucker, Mr. Henry Tucker, and Mr. Guy Alexander, developers of Country Club Estates Subdivision, Unit 7, be reimbursed for one half the cost of street, curb and gutter improvements on Parkland Drive adjacent to the dedicated park in the subdivision or $22,155.63 in accordance with the Platting Ordinance. The subdivision is located at La Costa Drive and South Staples Street. x. Recommendation that the following contracts be approved in connection with reconstruction of McKinzie Road adjacent to Castle River Subdivision: (1) With H.E.R. Development Company, developers of Castle River Subdivision Unit I, to construct the road to grades approved by the City, with the City participating up to $18,337; and (2) With the owners of the Jackson Woods Mobile Home Park, Mr. L. L. Woodman, Jr., and Mr. Sammy Kina, for their participation in the street cost of $4,000 immediately and an additional $2,584.85 if the property use is changed at some future date. When the Castle River Subdivision was annexed, the City agreed to pay for improving the west side of McKinzie Road from the portion dedicated to McKinzie Lane with curbs, gutters and sidewalks if the developer would so improve the side abutting his subdivision and the portion dedicated by the plat. y., Recommendation that a revocable easement approximately 4 feet wide and 68 feet long be granted to Mr. Jerry R. Baugh, doing business as Tubbs of Flowers for a boardwalk and canopy. The easement is located along the west right-of-way line of Tenth Street near Agnes Street. Minutes Regular Council Meeting March 2, 1977 Page 6 z. Recommendation that the General Fund be reimbursed $56,125.25 for engineering services for various Bond and Community Development projects during December, 1976 and January, 1977 and $58,564.74 be appropriated to supplement $672.83 in existing appropriations. Projects include various streets ($43,512), Airport Land acquisition ($1023), various storm sewer right of way acquisition ($2,759), Corpus Christi Beach Drain- age ($3,827), and other projects($1,472) less deferral of Community Development right of way acquisition costs ($3,112). u. Recommendation that the 1976-77 Budget be amended by the cancellation of an appropriation in the amount of $223,794 from the General Fund Reserve. The overestimated opening balance in the General Fund was partially offset by increasing the Gas Fund in Lieu of Property Tax payment in the amount of $52,338. The cancellation of the $223,794 fully offsets the overestimated opening balance in the General Fund. bb. Recommendation that $36,483 be reappropriated from the General Fund Reserve to the Transit Fund to fully match a $375,976 Transit Operating Assistance grant (1975-76) to be provided by the Urban Mass Transportation Administration. The grant application was submitted based upon estimated revenues and expenses. Actual year -ending revenues and expenditures resulted in the necessity for an additional cash local share due to charter net income being less than originally anticipated. On February 2, the original application was corrected by a supplemental appropriation of $26,500 to reflect the deletion of debt service on buses from the original application. cc. Recommendation that the lease to Mr. Robert Jenkins be assigned to Mrs. Tiny Mason Smith and Mr. M. A. Feher of a commercial hangar and fixed base aviation lease at International Airport. The initial lease to Mr. Al Krakow was executed on November 2, 1966 for a period of 24 years. Subsequent assignments were made to Mr. Gary Levitz, Mr. Herman Barnett and to Mr. Jenkins. The Airport Advisory Board so recommends. dd. Recommendation that assignment of the lease for Rainbow Bait Stand, located along the Intracoastal Canal, from Mr. John Null, Jr. to Mr. James M. Bronson be approved. Mr. Bronson, a resident of Corpus Christi, will assume all obligations of Mr. Null including the annual rent of $792. The lease expires October 24, 1979, and is for part of the land along the John F. Kennedy Causeway which the City leases from the School Land Board. ee. Recommendation that the overlapping extraterritorial jurisdiction of Robatown and Corpus Christi be apportioned by Corpus Christi ceding to Robatown that area within its 5 mile jurisdiction which is north of County Road #36, west of County Road #67 extended, south of County Road #44, and east of County Road #73A extended, and Robstown ceding to Corpus Christi the remaining overlapping area within Robstown's one mile jurisdiction. Both cities would agree to maintain platting control in its area. By eliminating overlapping jurisdiction Robstown can further consider annexation within its area of jurisdiction without concurrence from Corpus Christi. ff. Recommendation that a summer college student work program be approved with the University of Texas at Austin. Eighty percent of the cost will be . provided by the college and 20% by the City plus an administrative charge of $121 per student. The agreement authorizes students to earn $2.75 per hour for a maximum of 40 hours per week for 11 weeks between May 23 and August 19, 1977. It is estimated that 10 students will be hired at a City cost of $371 per student. Recommendation that an election for Mayor and six Council members be called for Saturday, April 2, 1977, polling places be designated, and the election judges be appointed. hh. Recommendation that Lot 14-A, Block E, Monte Vista Subdivision (224 Luna) be sold to Mr. and Mrs. Isidro Ortiz, the adjoining property owners, for $550.00 on the basis of the only bid received. The lot was acquired through delinquent tax foreclosure. Authority to receive bids was granted on February 9, 1977. gg• runutes Regular Council Meeting March 2, 1977 Page 7 ii. Recommendation that Black & Veatch Consulting Engineers be employed to perform a water rate study to include determination of revenue require- ments, allocation of costs and design of water rates. The study will update the firm's 1969 report and will consider increased cost of electric power, debt service requirements for Choke Canyon Reservoir and general inflationary factors since the last rate increase in September 1974. $40,000 is provided in the Water Division budget for this purpose. The consultants' fee will be (1) twice payroll costs plus 25% direct payroll overhead of all personnel time and (2) all direct expenses such as travel, long distance telephone, not to exceed $38,000. ji. Recommendation that Thomas Y. Pickett and Company, Inc. of Dallace be employed to provide January 1, 1977 tax value appraisals for oil and gas and certain major industrial properties in the City and the Corpus Christi Independent School District for $16,250, the same cost as last year. kk. Recommendation that Arturo Vasquez & Co. and Touche Ross & Co. be employed to audit CETA Title I, II, III and VI expenditures. Arturo Vasquez will audit all required CEPA contracts except the contract with Corpus Christi Independent School District. Mr. Vasquez was a school district trustee and consequently his firm cannot audit the school contract. Touche Ross & Co. will audit the School District contract. Arturo Vasquez & Co. Touche Ross & Co. $27,700 19,500 $47,200 11. Recommendation that the ordinance authorizing the contract with the Violet Water Supply Corporation be amended to reflect current Federal regulations regarding the procedure to be followed should the City wish to acquire all or any portion of the Violet System. mm. Recommendation that the request of the Board of Trustees of Nueces County Mental Health and Mental Retardation Community Center that they be allowed to incur $32,000 of debt for the purchase of improvements at 614 Mohawk, to lease property adjacent to 625 OliverCourt, and to purchase outright a building at 625 Oliver Court and a lot adjacent to 614 Mohawk be approved with the condition that the Board reserve at all times a sufficient amount of working capital or unappropriated surplus to fully offset this indebtedness and all other indebtedness for which they are obligated, including property previously acquired. Councilmember de Ases asked that he be provided a copy of the explanatory material regarding item "n" for his personal study. Concerning item "ff" Councilmember de Ases asked that on what basis would the students be selected for the summer work program with the University of Texas and City Manager Townsend responded by saying that the students not only had to be residents of Corpus, Christi but also meet the requirements academically and on financial criteria. Howard Sudduth, attorney for Creveling Dodge Motor Company would like to comment on item "d". He stated he had with him copies of the Agenda for both the Workshop and Regular Council Meetings and noticed that on the Regular Council Agenda, the Creveling Dodge bid had been deleted. Mr. Sudduth complained of the action, saying it was "like throwing $12,000 of the taxpayers' money out the window". Minutes Regular Council Meeting March 2, 1977 Page 8 The next bid was $12,000 higher. Bids for the vehicles were to be submitted to the Office of the City Purchasing Agent and opened in the Council Chambers at City Hall. On the day of the bid opening, a Creveling representative took the company's bid straight to the Council Chambers and was there when the City Purchasing Agent arrived about ten minutes after the deadline. Mr. Sudduth feels this is a technical defect and should be waived. City Manager Townsend said,a standard clause in the City bid specifications says that late bids cannot be accepted. Mr. Sudduth feels that the City has a right to waive a technical defect if they so choose. In closing, he asked the Council to accept Creveling Motor Company's bid and save $12,000 of the taxpayers' hard earned money. Several members of the Council said they thought the bid should be rejected to preserve the integrity of the bidding process. If irre- gularities were allowed, companies might be afraid to submit bide in the future. A Wayne Strand representative said it was very clearly indicated in the specifications and that the City reserves the right to reject the bid if it does not meet the requirements. He feels that an exception to this bid,should not be considered. Bob Fullerton with Gainan's Chevrolet Co., Inc., said he was very interested in this bid. There was ample time given to prepare these bids. Mr. Fullerton said their bid was in the Purchasing Office a day before the deadline to make sure it was in on time. He feels that it has been clearly stipulated that if a bid is not in on a specific time that it should not be considered. City Manager Townsend said that it is assumed that the representative for Creveling Dodge was at the Council Chambers at 11:00 a.m. but the main issue is that he did not deliver to the purchasing agent at the proper time. Mr. Eddie Hunt of Hunt Building Company spoke relevant to item "h". Mr. Hunt said that he is very sorry to see that the City is awarding the bid to another company since this job is adjacent to the other two projects that they now have and they are pretty sure they can handle it. As to the delay in his present contract, he explained that everything that had to be done on the projects involved had been done to this point. He said that they not only had experienced bad weather conditions but had had problems with the work orders, problems in material delays due to bad winters up north. He further added that tremendous discrepancies were noted on the elevations of the site which were provided by the City at the beginning and this in turn not only cost them 17 yards more of material but also time. Minutes Regular Council Meeting March 2, 1977 Page 9 Councilmember Gill asked Mr. James Lontos, Director of Engineering & Physical Development whether he thought the Fire Station project had been acceptable by the City. Mr. Lontos replied by saying that progress in the Fire Station has been slow and as of last month, the contractor has been charged 62 days penalty. On the Health Clinic project, the contractor had been charged 5 or 6 days. Councilmember Gulley asked Mr. Lontos whether the 62 days being charged the contractor was because he had been late starting the project and Mr. Lontos replied that it was because of days that he could have worked and didn't. Mr. Hunt said he felt he had already explained his reasons for the delay and for the slow progress in project. Mr. Joe Hunt, partner, introduced himself and said that to show their integrity, just yesterday, there had been a change order on the plumbing and he, personally, had hand carried the change order to the City and back to the architect. He said he hated to lose the contract because the two projects are right together and that Hunt Building Company can handle the projects. Under further discussions from the audience, Mr. Clifford Cosgrove, 3202 f Olsen, spoke regarding item "b". He questioned why the City had to bear the cost of moving of the Sidbury House since this is one of the projects that the Junior League of Corpus Christi had undertaken: City Manager Townsend explained to him that the Junior League's project involved the restoration of both the Sidbury House and Lichtenstein House and that they are raising the money to absorb said costs but that the project does not involve the moving or.relocating of the houses. City Manager Townsend added that the two houses were so close together that it was decided to move the Sidbury House to provide more area between them. Mr. Cosgrove questioned item "k". He saidhe wanted to know what kind of tools the contractor was going to buy for $1,058.40.,,He added that he couldn't see why the City should spend $4,000 to retain a pump repair supervisor when the City has an engineering staff. Mr. James Lontos, Director of Engineering & Physical Development explained to Mr. Cosgrove that the contractors had been asked to submit their bids based on their estimated costs of labor and materials, and also some special tools required for this project. City Manager Townsend said that he would like to add that the pump parts had been purchased and all the City is trying to do is hire somebody to install the parts. Mr. Cosgrove then objected to hiring outside engineers as recommended in item "ii". City Manager Townsend explained that this was necessary since the City would need the consulting engineers! reports when Minutes Regular Council Meeting March 2, 1977 Page 10 they began negotiating with the City's customers as to the rates. Mayor Pro Tem Tipton declared a recess at 3:27 p.m. The Regular Meeting was resumed at 3:30 p.m. No one else spoke in opposition to the City Manager's Report. Motion by Gulley, seconded by Lozano and passed unanimously to accept the City Manager's Report. City Manager Townsend next announced the tabled item on closing the alley between Lot 7, Phillips 66 Addition and Lot 6, 7, and 8, Block 5, Roosevelt Place Addition located generally between Port Avenue, Baldwin Boulevard, Cleo, and Francis Streets. Motion by Gulley to remove the item from the table; seconded by Lozano and passed unanimously. City Manager Townsend gave background information on the matter stating that a public hearing was held on February 23, 1977 and closed with the matter being tabled for further study. He reviewed that the Whataburger plans to tear down their present building and use that location for a parking lot, and construct a new building, the roof of which would encroach three feet into the alley. He stated that the Staff agrees with that as long as the roof support is from overhead and no columns are erected. The alley would not have to be closed, if a variance is granted. City Manager Townsend also reviewed a second alternative; to require Whataburger to relocate the 2" water line in the alley with the City retaining the 17' for a utilities easement. Mr. Sam Main, representing Whataburger, said he is very much opposed to fencing the property and stated that the alley should remain open for traffic so that people living in the area can still use it for garbage pickup and they can go through it. He said traffic can be directed into Cleo Street. He said he would very much like to have the Council act on this as soon as possible as he would like to go on with his plans and also because of the moratorium. City Attorney Bruce Aycock assured the Council this is not affected by the moratorium --that it does not specifically state street or alley closing. Motion by de Ases, seconded by Lozano and passed unanimously that the item be tabled for one wehk to allow further study. Minutes Regular Council Meeting March 2, 1977 Page 11 Mayor Pro Tem Tipton then called for the ordinances, which City Manager Townsend presented as follows, with related comments and explanations. All ordinances passed as Eollowe: THIRD READING: - ORDINANCE NO. 13655 ADOPTING SUPPLEMENT NO. 1 TO THE CODE OF ORDINANCES OF THE CITY OF CORPUS CHRISTI, TEXAS; ADOPTING AND READOPTING ORDINANCE NO. 13121; INSTRUCTING THE CITY SECRETARY TO PROPERLY FILE THIS SUPPLEMENT; AND PROVIDING FOR PUBLICATION. 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 Absent. THIRD READING: - ORDINANCE NO. 13656 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 third time and passed finally by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye; Luby Absent. THIRD READING: - ORDINANCE NO. 13657 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 TENANT'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 third time and passed finally by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye; Luby Absent. THIRD READING: - ORDINANCE NO. 13658 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 SUBSTANTIAL COPY OF WHICH, MARKED EXHBIT "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: Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye; Luby Absent. THIRD READING: - ORDINANCE NO. 13659 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 third time and passed finally by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye; Luby Absent. ORDINANCE NO. 13660 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS FOR CONSTRUCTION OF THE FLOUR BLUFF SOUTH END SANITARY SEWER IMPROVEMENTS; APPROPRIATING $113,727.29 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, OF WHICH $106,000 I5 FOR THE CONSTRUCTION CONTRACT AND $7,727.29 IS FOR ENGINEERING, INCIDENTAL, AND RELATED EXPENSES, ALL APPLICABLE TO PROJECT NO. 250-72-6; 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 Absent. Minutes Regular Council Meeting March 2, 1977 Page 12 ORDINANCE NO. 13661 AUTHORIZING TRE CITY MANAGER TO EXECUTE A CONTRACT WITH ASPHALT PAVING AND CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF TENNIS COURTS, PARKING LOT, AND UTILITY IMPROVEMENTS IN FLOUR BLUFF PARK (PARKER MEMORIAL PARK), B.O.R. #48-00409; APPROPRIATING $80,000 FROM THE NO. 291 PARK BOND FUND OF WHICH APPROPRIATION $73,439 IS FOR THE CONSTRUCTION CONTRACT AND $6,561 IS FOR LABORATORY TESTING AND INCIDENTAL AND RELATED EXPENSES, ALL APPLICABLE TO PROJECT NO. 291-72-9, FLOUR BLUFF PARK AND POOL CONSTRUCTION, SAID APPROPRIATION BEING SUBJECT TO APPROVAL FROM THE BUREAU OF OUTDOOR RECREATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Asea, Gill, Gulley, Lozano and Sample voting Aye; Luby Absent. ORDINANCE NO. 13662 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BEECROFT AND WILLIAMSON, INC. FOR THE CONSTRUCTION OF THE FLOUR BLUFF SWIMMING POOL AND PARKING LOT IN FLOUR BLUFF PARKING LOT IN FLOUR BLUFF PARK, B.O.R. #48-00409 (PARKER MEMORIAL PARK);APPROPRIATING $303,900 OUT OF THE NO. 291 PARK BOND FUND OF WHICH $284,550 IS FOR THE CONSTRUCTION CONTRACT AND $19,350 IS FOR ADDITIONAL ARCHITECTURAL FEES, LABORATORY TESTING, INCIDENTAL AND RELATED EXPENSES, ALL APPLICABLE TO PROJECT NO. 291-72-9, SAID APPROPRIATION BEING SUBJECT TO APPROVAL FROM THE BUREAU OF OUTDOOR RECREATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Asee, Gill, Gulley, Lozano and Sample voting Aye; Luby Absent. ORDINANCE NO. 13663 APPROPRIATING $4,270.61 OUT OF THE NO. 291 PARK BOND FUND APPLICABLE TO PROJECT NO. 291-72-9, FLOUR BLUFF PARK & POOL, TO COVER THE PRORATED COST OF THE LOWERING OF A LOW PRESSURE PIPELINE ACROSS THE GRAHAM ROAD FRONTAGE OF THE FLOUR BLUFF PARK, PAYABLE TO EXXON COMPANY; 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 Absent. ORDINANCE NO. 13664 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH R. S. BLACK FOR THE INSTALLATION OF PUMP PARTS IN THE DOWNTOWN PUMP STATIONS A AND B; APPROPRIATING $82,653.59 OUT OF THE NO. 295 STORM SEWER BOND FUND, OF WHICH $60,000 IS FOR THE CONSTRUCTION CONTRACT, $5,000 IS FOR ADDITIONAL ENGINEERING FEES, $4,000 FOR THE RETAINAGE OF A PUMP REPAIR SUPERVISOR WHICH IS HEREBY AUTHORIZED, AND $13,653.59 IS FOR INCIDENTAL AND RELATED EXPENSES, INCLUDING THE ACQUISITION OF ADDITIONAL PARTS AS REQUIRED; $19,600 OF THE CONTRACT APPROPRIATION OF $60,000 IS PROVIDED FOR OVERHEAD AND PROFIT AS BID IN THE PROPOSAL; $11,760 IS FOR DIRECT LABOR COST IN ACCORDANCE WITH THE CONTRACTOR'S PROPOSED LABOR CLASSIFICATION ATTACHED HERETO AND MADE A PART HEREOF; $1,058.40 IS FOR SMALL TOOLS AND CONSUMABLE SUPPLIES WHICH MAY VARY DEPENDING ON EXACT DIRECT LABOR COSTS; $9,000 IS FOR THE USE OF EQUIPMENT IN ACCORDANCE WITH THE CONTRACTOR'S PROPOSED EQUIPMENT AND RATES SUBMITTED IN THE PROPOSAL ATTACHED HERETO AND MADE A PART HEREOF; AND $18,581.60 IS FOR ADDITIONAL PARTS AS REQUIRED AND AUTHORIZED BY THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT DURING THE PERFORMANCE OF THE CONTRACT, ALL APPLICABLE TO PROJECT NO. 295-72-1; 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 Absent. ORDINANCE NO. 13665 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH R. S. BLACK FOR THE BAYFRONT AREA IMPROVEMENTS; APPROPRIATING AND REAPPROPRIATING $34,437 OF WHICH $32,766.50 IS FOR THE CONSTRUCTION CONTRACT, $1,670.50 IS FOR INCIDENTAL AND RELATED EXPENSES; OF THE TOTAL APPROPRIATION $22,000 IS FROM THE NO. 230 BRIDGE BOND FUND APPLICABLE TO PROJECT NO. 230-55-24, HARBOR BRIDGE PARK; $3,800 IS FROM THE NO. 220 STREET BOND FUND APPLICABLE TO PROJECT NO. 220-72-45, SIDEWALK RAMPS ON SHORELINE DRIVE; $5,522 IS FROM THE NO. 102 GENERAL FUND, ACTIVITY 3291, CODE 345, FOR DRAINAGE IMPROVEMENTS TO CITY HALL; AND $3,115 IS FROM THE NO. 102 GENERAL FOND, ACTIVITY 3573, CODE 502, FOR SIDEWALKS AND DRIVEWAY RAMPS AT THE HARBOR PLAYHOUSE; AND DECLARING AN EMERGENCY. Th- Charter Rule was suspended and the foregoing ordinance was passed by the followir' Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye; Luby Absent. minutes Regular Council Meeting March 2, 1977 Page 13 ORDINANCE NO. 13666 CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: 1. COMANCHE STREET, FROM 19TH STREET TO PORT AVENUE; 2. BONHAM STREET, FROM SOKOL DRIVE TO DEAD END; 3. COSNER STREET, FROM MAHAN DRIVE TO MCARDLE ROAD; 4. HAKEL STREET, FROM SOUTH PADRE ISLAND DRIVE TO MCARDLE ROAD; AND 5. HOUSTON STREET, FROM CARROLL LANE TO KOSTORYZ ROAD, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AS ASSESSMENT; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye; Luby Absent. ORDINANCE NO. 13667 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ASPHALT PAVING & CONSTRUCTION COMPANY FOR THE COSNER, BONHAM, HAKEL, COMANCHE AND HOUSTON STREET IMPROVEMENTS; APPROPRIATING $451,000, OF WHICH $263,975 IS OUT OF THE NO. 220 STREET BOND FUND AND $187,025 IS OUT OF THE NO. 162 FEDERAL/STATE GRANTS FUND, ACTIVITY 4734, CODE 502, COMMUNITY DEVELOPMENT BLOCK GRANT, $415,075.30 BEING FOR THE CONSTRUCTION CONTRACT, $7,000 BEING FOR LABORATORY TESTING TO BE PROVIDED BY GULF COAST TESTING LABORATORY, INC., AND $28,924.70 BEING FOR ENGINEERING, LEGAL ADVERTISING, AND RELATED EXPENSES; OF THE APPROPRIATION FROM THE STREET BOND FUND, $103,375 IS APPLICABLE TO COSNER, BONHAM, HAKEL, AND COMANCHE STREET ThPROVEMENTS, PROJECT NO. 220-72-1.5, AND $160,600 IS APPLICABLE TO HOUSTON STREET IMPROVEMENTS, NO. 220-72-1.8; ESTABLISHING AN ACCOUNTS RECEIVABLE IN THE NO. 220 STREET BOND FUND FROM THE NO. 162 FEDERAL/STATE GRANTS FUND, ACTIVITY 4734, CODE 502, COMMUNITY DEVELOPMENT BLOCK GRANT, IN THE AMOUNT OF $187,025; 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 Absent. ORDINANCE NO. 13668 APPROPRIATING $7,500 OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220-72-16, PORT AVENUE, BUFORD STREET TO S.H. 286, TO COVER INCREASED CONSTRUCTION COSTS RESULTING FROM THE BID AWARD BY THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION; 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 Absent. ORDINANCE NO. 13669 AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THOMAS F. DORSEY AND SIDNEY H. SMITH III FOR THE APPRAISAL OF 27 PARCELS IN CONNECTION WITH THE INTERNATIONAL AIRPORT LAND ACQUISITION PROJECT, AS MORE FULLY SET FORTH IN THE AGREEMENTS, A COPY OF EACH BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B", RESPECTIVELY; APPROPRIATING OUT OF THE 245 AIRPORT BOND FUND, PROJECT NO.,245-72-1, $40,449, FOR SAID SERVICES: 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 Absent. ORDINANCE NO. 13670 AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 1, 2, AND 3 IN CONNECTION WITH THE AZTEC STREET EXTENSION, PROJECT NO. 220-72-42; APPROPRIATING OUT OF THE 220 STREET BOND FUND $17,000 OF WHICH $14,550 IS FOR ACQUISITION AND $2,450 IS FOR RELOCATION EXPENSE AND CONTINGENCIES AND INCIDENTAL EXPENSES RELATED TO CLOSING; 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 Absent. ORDINANCE NO. 13671 APPROPRIATING OUT OF THE NO. 295 STORM SEWER BOND FUND THE SUM OF $6,000 FOR APPRAISAL SERVICES BY RICHARD CLOWER IN CONNECTION WITH ACQUISITION OF NINE PARCELS OF LAND FOR THE WEST OSO DRAINAGE OUTFALL, PROJECT NO. 295-72-2; 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 Absent. Minutes Regular Council Meeting March 2, 1977 Page 14 ORDINANCE NO. 13672 APPROPRIATING OUT OF THE 111 TRUST FUND, ACCOUNT NO. 1761, $7,200 FOR AWARD OF SPECIAL COMMISSIONERS, SPECIAL COMMISSIONERS'FEES, AND COURT COSTS, ALL IN CONNECTION WITH ACQUISITION OF PARCEL NO. 1, EXPANSION OF INWOOD PARK, BEING A MATTER IN CONDEMNATION, STYLED CITY OF CORPUS CHRISTI VS. CLINTON MANGES, CAUSE NO. 750-3, IN THE COUNTY COURT AT LAW NO. 3, OF NUECES COUNTY, TEXAS; 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 Absent. ORDINANCE NO. 13673 APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND THE SUM OF $1,500 TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 13425, PASSED AND APPROVED ON SEPTEMBER 29, 1976, FOR COMMISSIONERS' AWARD IN THE AMOUNT OF $8,500 AND FOR SPECIAL COMMISSIONERS' FEES, COURT COSTS AND APPRAISER'S COSTS IN THE AMOUNT OF $800, ALL IN CONNECTION WITH ACQUISITION OF PARCELS 7-A AND 7-B, KOSTORYZ ROAD --PADRE ISLAND DRIVE TO HOLLY ROAD STREET IMPROVEMENTS, PROJECT NO. 220-72-5, BEING A MATTER IN CONDEMNATION STYLED CITY OF CORPUS CHRISTI VS. GULF REAL ESTATE, INC., CAUSE NO. 751-1, IN THE COUNTY COURT AT LAW NO. 1, NUECES COUNTY, TEXAS; 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 Absent. ORDINANCE NO. 13674 AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF A DRAINAGE AND UTILITY EASEMENT FOR PARCELS 2 AND 3 IN CONNECTION WITH THE HEARN ROAD DITCH; APPROPRIATING OUT OF THE 295 STORM SEWER BOND FUND, PROJECT 295-70-70, THE SUM OF $4,720 AND OUT OF THE 250 SANITARY SEWER BOND FUND, PROJECT NUMBER 250-72-7, THE SUM OF $1,180 FOR THE ACQUISITION OF SAID EASEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Anes, Gill, Gulley, Lozano and Sample voting Aye; Luby Absent. ORDINANCE NO. 13675 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JOHN TUCKER, HENRY TUCKER, AND GUY ALEXANDER, DEVELOPERS OF COUNTRY CLUB ESTATES SUBDIVISION, UNIT 7, WHEREBY THE CITY WILL REIMBURSE THE DEVELOPERS FOR ONE-HALF THE COST TO CONSTRUCT STREET IMPROVEMENTS AROUND THE DEDICATED PARK IN COUNTRY CLUB ESTATES SUBDIVISON, UNIT 7, 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"; APPROPRIATING $22,155.63 OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S SHARE OF THE COST APPLICABLE TO PROJECT NO. 220-72-44; 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 Absent. ORDINANCE NO. 13676 APPROPRIATING A TOTAL OF $55,452.42 AS FOLLOWS: $42,530.50 OUT OF THE NO. 220 STREET BOND FUND, $169.14 OUT OF THE NO. 230 BRIDGE BOND FUND, $1,402.02 OUT OF THE NO. 245 AIRPORT BOND FUND, $2,295.13 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, $3,239.97 OUT OF THE NO. 295 STORM SEWER BOND FUND, $5,815.66 OUT OF THE NO. 162 FEDERAL/STATE GRANTS FUND, ACTIVITY 4734, CODE 502 TO SUPPLEMENT $672.83 REMAINING FROM FUNDS PREVIOUSLY APPROPRIATED FOR INCIDENTAL AND RELATED EXPENSES APPLICABLE TO VARIOUS PROJECTS AS SHOWN ON THE ATTACHED TABULATION, MARKED EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING A REIMBURSEMENT OF $56,125.25 TO THE NO. 102 GENERAL FUND FOR ENGINEERING SERVICES PERFORMED DURING THE MONTHS OF DECEMBER, 1976 AND JANUARY, 1977; 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 Absent. minutes Regular Council Meeting March 2, 1977 Page 15 ORDINANCE NO. 13677 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH H.E.R. DEVELOPMENT COMPANY, DEVELOPER OF CASTLE RIVER SUBDIVISION, UNIT I, WHEREBY THE CITY WILL PARTICIPATE IN THE COST OF CONSTRUCTING A PORTION OF MCKINZIE ROAD WHICH ABUTS SAID SUBDIVISION, ALL AS MORE FULLY DESCRIBED AND SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS MARKED EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH L. L. WOODMAN, JR. AND SAMMY KINS, OWNERS OF LOT 5, RIVERVIEW ESTATES, WHEREBY THE OWNERS WILL PAY THE CITY THE SUM OF $4,000, REPRESENTING THEIR SHARE OF THE COST OF IMPROVEMENTS, UPON COMPLETION OF THE PROJECT, AND AN ADDITIONAL SUM OF $2,584.85 AT SUCH TIME IN THE FUTURE AS THE USE OF THE PROPERTY CHANGES FROM MOBILE HOMES TO RESIDENTIAL OR COMMERCIAL, AS MORE FULLY DESCRIBED AND SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "B"; APPROPRIATING $18,337 OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220-72-40; AND ESTABLISHING AN ACCOUNTS RECEIVABLE IN THE NO. 220 STREET BOND FUND IN THE AMOUNT OF $4,000; 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 Absent. ORDINANCE NO. 13678 AMENDING ORDINANCE NO. 13309, ADOPTING THE 1976-77 BUDGET, PASSED AND APPROVED BY THE CITY COUNCIL ON JULY 28, 1976, BY CANCELLING APPROPRIATIONS IN THE AMOUNT OF $223,794 FROM THE GENERAL FUND RESERVE, ACTIVITY 4297, CODE 490; 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 Absent. ORDINANCE NO. 13679 AMENDING THE 1976-77 BUDGET, ADOPTED BY ORDINANCE NO. 13309, PASSED AND APPROVED BY THE CITY COUNCIL ON JULY 28, 1976, BY APPROPRIATING AND REAPPROPRIATING THE SUM OF $36,483 FROM THE GENERAL FUND RESERVE, ACTIVITY 4297, CODE 490, 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: Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye; Luby Absent. ORDINANCE NO. 13680 AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT AND APPROVE AN AMENDMENT OF ASSIGNMENT AGREEMENT BETWEEN THE CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE, AND ROBERT JENKINS TO TOY MASON SMITH AND M. ANTHONY FEHER COVERING A COMMERCIAL HANGAR AND FIXED BASE AVIATION LEASE AT CORPUS CHRISTI INTERNATIONAL AIRPORT SITE, AS SHOWN AND MORE PARTICULARLY DESCRIBED IN THE AMENDMENT OF ASSIGNMENT AGREEMENT, AS SUBSTANTIALLY SET FORTH IN THE COPY 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 passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye; Luby Absent. ORDINANCE NO. 13681 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF TEXAS AT AUSTIN FOR A SUMMER COLLEGE WORK STUDY PROGRAM 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 passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye; Luby Absent. ORDINANCE NO. 13682 CALLING AN ELECTION FOR MAYOR AND SIX (6) COUNCIL MEMBERS IN THE CITY OF CORPUS CHRISTI TO BE HELD ON THE FIRST SATURDAY IN APRIL, 1977; DESIGNATING PLACES OF HOLDING SUCH ELECTION; NAMING THE OFFICERS THEREFOR; PRESCRIBING THE FORM OF NOTICE OF ELECTION, AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; 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 Absent. Minutes Regular Council Meeting March 2, 1977 Page 16 ORDINANCE NO. 13683 CLOSING GEORGE STREET, LOCATED BETWEEN LOT 18, BLOCK 4, AND LOT 1, BLOCK 12, WESTGATE ADDITION, PERPENDICULAR TO EASTGATE DRIVE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SAVE AND EXCEPT A 7.50 -FOOT WIDE STRIP OF LAND ALONG EACH SIDE OF THE CENTERLINE OF SAID GEORGE STREET TO BE RETAINED BY THE CITY FOR A DRAINAGE AND UTILITY EASEMENT, AND A 5.0 -FOOT WIDE BY 50.0 -FOOT LONG STRIP OF LAND ADJACENT TO AND WEST OF THE EAST BOUNDARY LINE OF SAID GEORGE STREET TO BE RETAINED BY THE CITY FOR A UITLITY EASEMENT; PROVIDING FOR SEVERABILITY; 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 absent. ORDINANCE NO. 13684 CLOSING THE 60 -FOOT RIGHT OF WAY LOCATED BETWEEN LOTS 15 AND 16, PRECES GARDENS NO. 1 SITUATED BETWEEN VIOLET ROAD AND LEONARD DRIVE NORTH OF STARLITE LANE, SUBJECT TO DEDICATION OF ALTERNATE RIGHT OF WAY BY REPLATTING AND SUBJECT TO MEETING THE DRAINAGE REQUIREMENTS FOR THE AREA AS REQUIRED BY THE ENGINEERING AND PHYSICAL DEVELOPMENT DEPARTMENT; PROVIDING FOR SEVERABILITY; 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 Absent. ORDINANCE NO. 13685 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BLACK AND VEATCH CONSULTING ENGINEERS FOR PERFORMANCE OF ENGINEERING SERVICES CONSISTING OF PREPARATION OF A WATER RATE STUDY TO INCLUDE DETERMINATION OF REVENUE REQUIREMENTS, ALLOCATION OF COSTS, AND DESIGN OF WATER RATES, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING AND REAPPROPRIATING OUT OF THE WATER FUND NO. 141 THE AMOUNT OF $38,000 FOR THE AFORESAID STUDY; 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 Absent. ORDINANCE NO. 13686 AUTHORIZING THE CITY MANAGER TO CONVEY BY WARRANTY DEED TO ISIDRO ORTIZ AND WIFE, SANTOS ORTIZ, A TRACT OF LAND DESCRIBED AS LOT 14-A, BLOCK E, MONTE VISTA SUBDIVISION (224 LUNA), IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, UPON THE PAYMENT OF $550 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 ot'dinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye; Luby Absent. ORDINANCE NO. 13687 AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THOMAS Y. PICKETT & COMPANY, INC. OF DALLAS, TEXAS, FOR THE PURPOSE OF APPRAISAL AND VALUATION OF OIL AND GAS PROPERTIES AND PIPELINES AND FOR THE APPRAISAL AND VALUATION OF CERTAIN OIL REFINING AND RELATED PROPERTIES, LOCATED IN THE CITY OF CORPUS CHRISTI, TEXAS AND/OR THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR TAX ASSESSMENT PURPOSES, ALL AS MORE FULLY SET FORTH IN THE AGREEMENTS, COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B"; APPROPRIATING OUT OF THE NO. 102 GENERAL FUND, THE SUM OF $16,250 FOR PAYMENT OF THE AFORESAID SERVICES; 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 Absent. ORDINANCE NO. 13688 AUTHORIZING AN AMENDMENT TO THE WATER CONTRACT BETWEEN THE CITY OF CORPUS AND THE VIOLET WATER SUPPLY CORPORATION PREVIOUSLY AUTHORIZED BY ORDINANCE NO. 13643; 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 Absent. Minutes Regular Council Meeting March 2, 1977 Page 17 ORDINANCE NO. 13689 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH GRAFORD ROGERS FLOOR COMPANY FOR WATER SERVICES OUTSIDE THE CITY LIMITS, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, 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 passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye; Luby Absent. ORDINANCE NO. 13690 CLOSING THE ALLEY LOCATED BETWEEN LOT 7, PHILLIPS 66 ADDITION, AND LOTS 6, 7 AND 8, BLOCK 5, ROOSEVELT PLACE ADDITON, SUBJECT TO RETENTION OF THE WIDTH OF THE ALLEY FOR A UTILITY EASEMENT, SUBJECT TO THE CONDITIONS HEREINAFTER PROVIDED; PROVIDING FOR SEVERABILITY; 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 Absent. Mr. Graford Rogers complained under Ordinance No. 13689 that the City's proposed charge to extend water service to him was unreasonably high. He said the price would force him to have to drill a well. He said the passage of the ordinance would not help him unless the price was reduced. Councilmember Gulley observed that he felt it would be proper to go ahead and pass the ordinance in case Mr. Rogers changed his mind and decided to sign the contract at some future date; the process would not have to start all over again. There was no further discussion pertaining to the ordinances. Mayor Pro Tem Tipton then opened the floor for petitions from the audience and Mr. Clifford Cosgrove, 3202 Olsen, complained about the Horne Road sewer line break. He said he hopes something will be done on this matter soon as the odor is unbearable. City Manager Townsend responded by saying that several major breaks had occurred about the same time throughout the City --that theiCrews had been working on Airline Road sewer break and should be moving their equipment back to the Horne Road by the last part of this week. He assured Mr. Cosgrove that he wholeheartedly agreed with him and that everything will be done to correct this situation. There were no more comments from the audience. City Manager Townsend recommended to the Council that there be no more regular Workshop Meetings after today due to the moratorium. City Manager Townsend requested that he be excused from next Wednesday's Regular Council Meeting as he will be in Washington, D.C. on City business. He informed the Council that Mr. Archie Walker, Assistant City Manager would also be out of town next week, and that Mr. Ernest Briones would serve as Acting City Manager. Minutes Regular Council Meeting March 12, 1977 Page 18 City Manager Townsend also announced that a date of March 23, 1977, 10:00 a.m., has been set for the dedication of the new Health Building. City Manager Townsend passed out to the Council the latest Central Power & Light Company rate analysis and explained legal counsel plans to file a motion for rehearing before the Public Utility Commission on behalf of the cities represented in Docket #167 and that the City of Corpus Christi plans to join in the appeal. Motion by Gulley, seconded by de Ases and passed unanimously to remove from the table the closing of the alley located between Loy, Phillips 66.Addition, and Lots 6, 7, and 8, Block 5, Roosevelt Place Addition. Motion by Gulley, seconded by Sample and passed unanimously that the above alley be closed subject to retention of the width of the alley for a utility easement. City Manager Townsend next presented the following ordinances, with related comments and explanations. All ordinances passed as follows: ORDINANCE NO. 13691 AUTHORIZING SUBMISSION OF THE FOLLOWING STREETS TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO BE INCLUDED IN THE URBAN SYSTEMS PROGRAM: 1. CARROLL LANE, STAPLES STREET TO MCARDLE ROAD: 2. EVERHART ROAD, STAPLES STREET TO PADRE ISLAND DRIVE; 3. MORGAN AVENUE, PORT AVENUE TO S.H. 286; 4. BALDWIN BOULEVARD, NAPLES STREET TO PORT AVENUE; 5. AIRLINE ROAD, ALAMEDA STREET TO PADRE ISLAND DRIVE; 6. HORNE ROAD, COLUMBIA STREET TO OLD BROWNSVILLE ROAD; 7. WALDRON ROAD, PARK ROAD 22 TO NAS DRIVE; 8. MCARDLE ROAD, AYERS STREET TO NILE DRIVE; 9. SARATOGA BOULEVARD, STAPLES STREET TO WEBER ROAD; 10. BALDWIN BOULEVARD, S.H. 44 TO S.H. 9; 11. BRIDGES ON ENNIS JOSLIN ROAD; 12. CALALLEN DRIVE, U. S. 77 TO RIVER FOREST DRIVE; 13. AYERS STREET, PORT AVENUE TO PADRE ISLAND DRIVE; 14. RAND MORGAN ROAD, S. H. 9 TO I.H. 37; AND 15. ENNIS JOSLIN ROAD, ALAMEDA STREET TO PADRE ISLAND DRIVE; 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 Absent. ORDINANCE NO. 13692 GRANTING TO JERRY R. BAUGH, DBA TUBBS OF FLOWERS, A REVOCABLE EASEMENT FOR USE OF A FOUR -FOOT BY SIXTY-EIGHT FOOT (4' x 68') TRACT OR PARCEL ALONG THE WEST RIGHT OF WAY LINE OF TENTH STREET NEAR AGNES STREET FOR THE PURPOSE OF CONSTRUCTING A BOARDWALK AND CANOPY ALONG THE FRONT OF THE BUSINESS, ALL AS SHOWN ON THE EXHIBIT AND AS 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 passed by the following Vote: Tipton, de Ases,'Gill, Gulley, Lozano and Sample voting Aye; Luby Absent. Minutes Regular Council Meeting March 2, 1977 Page 19 ORDINANCE NO. 13693 PROVIDING FOR CESSION BY THE CITY OF CORPUS CHRISTI TO THE CITY OF ROBSTOWN OF ALL ANNEXATION RIGHTS AND POLICE POWERS OVER AND IN CERTAIN TRACTS OF LAND, A MAP OF THE SAME, MARKED EXHIBIT "A", BEING ATTACHED HERETO, WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI AND THE CITY OF ROBSTOWN, AS DEFINED BY ART. 970A, V.A.C.S., TEXAS, BY MUTUAL WRITTEN AGREEMENT, MARKED EXHIBIT "B", ATTACHED HERETO BY THIS REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF, PURSUANT TO ART. 970A, V.A.C.S., TEXAS, SECTIONS B AND C; PROVIDING PUBLICATION OF CAPTION; PROVIDING A REPEALING CLAUSE; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ages, Gill, Gulley, Lozano and' Sample voting Aye; Luby Absent. ORDINANCE NO. 13694 APPROVING ASSIGNMENT OF THE RAINBOW BAIT STAND ON TRACT 12 OF THE COASTAL PUBLIC LANDS, SITUATED IN THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, FROM JOHN NULL, JR. TO JAMES M. BRONSON, ALL AS MORE FULLY SET FORTH IN THE ASSIGNMENT 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 passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye; Luby Absent. Motion by Sample, seconded by Lozano that Workshop sessions be discontinued unless called by the Council. Motion carried unanimously. There being no further business, on Motion by Sample, seconded by de Ases, and passed unanimously, the Regular Council Meeting of March 2, 1977 was adjourned at 4:30 p.m.