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HomeMy WebLinkAboutMinutes City Council - 04/06/1977PRESENT: *Mayor Jason Luby Mayor Pro Tem Bill Tipton Councilmembers: Eduardo E. de Ases Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward Sample MINUTES' CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING APRIL 6, 1977 2:00 P.M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Pro Tem Bill Tipton called the meeting to order while Mayor Jason Luby was conducting official City business in his office. The Invocation was given by Father Noone of St. Cyril & Methodius Church. City Secretary Bill Read called the roll of required Charter officers and stated that a quorum was present. Mayor Pro Tem Tipton announced that a proclamation had been issued declar- ing the week of April 10 through 16, 1977 as MEDICAL LABORATORY WEEK. Mayor Pro Tem Tipton then called for the City Manager's Report. City Manager Townsend presented the following items with related comments and explana- tions: a. Recommendation that Tax Roll Adjustments for August 1 through October 31, 1976, be approved as follows: City of Corpus Christi Water District Prior Prior Years. Years 1976 Levy Levies Levies Tax Levies, 8-1-76 $16,955,313 $1,728,527 $22,148 Recommended change, 8-1-76 thru 10-31-76 (1,886) (3,865) (3) Tax Levies 10-31-76 $16,953,427 $1,724,662 $22,145 The decrease in the 1976 levy consists of a net increase of $2,996 in real property and a net decrease of $4,882 in personal property. Significant real property adjustments include decreases of $9,083 for 193 taxpayers whose homestead exemptions were approved; $770 for 25 disabled veterans whose exemptions were approved; $3,554 for three properties because of errors in calculating assessed values; and increases of $23,179 for five properties supplemented to the roll. Personal property adjustments include a decrease of $852 for Aransas Shrimp Company because it had no taxable assets on January 1, 1976. b. Recommendation that the request of Lt. L. A. Villagomez for a 2 year leave of absence without pay be approved so that he can attend Sam Houston State . University to obtain a doctoral degree in criminal justice. Lt. Villagomez has been a police officer since 1969. _. c. Recommendation that portions of the City Code prohibiting heavy truck traffic on residential and certain through streets, except when making deliveries or pickups, be amended to place the burden of proof that a pickup or delivery is being made on the driver or owner. The changes will: • MICROFILMED SEP 0 31980 Minutes Regular Council Meeting April 6, 1977 Page 2 (1) Prohibit driving trucks, trailers and other vehicles with a capacity in excess of one ton according to the manufacturer's rating on Louisiana Avenue, Shoreline Boulevard, and all of Ocean Drive. It would be a defense if the person charged can show that he was crossing Shoreline Boulevard to or returning from the barge docks, the "T" heads or the "L" head; the truck was being used in constructing• or maintaining Ocean Drive or Shoreline Boulevard; or a delivery or pickup was being made on one of the three streets or within one block of Ocean Drive on any street which intersects Ocean Drive. (2) Prohibit the same class of truck, trailer or vehicle on all residential streets with a defense if the person charged could show,that a delivery or pickup was being made on the residential street. . These amendments will provide more effective enforcement"and help alleviate the problem of parking of heavy trucks on residential streets which generated recent complaints from residents of Hillcrest. d. •Consideration of the recommendations of the Insurance Advisory Committee and the Director of Finance to renew or replace insurance coverage expiring - - March 31, 1977 as follows: • Policy and Carrier • Airport - Owners, Landlords and .Tenants Liability - Commerical Insurance Company of Houston, Automobile Liability - Hartford Insurance Company of Hartford, Connecticut Fire & Extended Coverage on Inventories - Aetna Casualty & Surety of Hartford, Connecticut General Liability - Hartford Insurance Company Excess Gas Liability - Alliance Insurance Co. of Houston First Excess Transit Liability - Alliance Insurance Company Second Excess Transit Liability .Interstate.Fire & Casualty of Chicago Coverage $3,000,000 (a reduction from $3,300,000) Previous Year's Estimated Premium" Premium $ "8,660 ' - $ 6,231 • $100,000/$300,000' " $122,060- ,187,000 /$50,000 Auto parts - $50,000 $ 4,615 . Warehouse - $315,000 5,607 • • Basic - $25,000/ $ 58,372 . $ 93,000 $25,000/$5,000 Excess -$275,000/ $275,000/$45,000 First Excess - $ 48,431 50,931 $500,000 bodily injury & $100,000/ $300,000 property damage Second Excess -$5,000,000 $1,000,000 $2,000,000 $ 11,739 • $ 12,989 5,487 $_ 6,237 Minutes Regular Council Meeting April 6, 1977 Page 3 Public Officials' Surety Bond- $100,000 Director $ 2,290 of Finance, Asst. Director of Finance, Chief Accountant & Tax Assessor/Collector; $50,000 City Manager; $25,000 Municipal Court Clerk & City Secretary; & $10,000 Municipal Court Judges & the Collections Section Manager Valuable Papers -Libraries - United States Fire Insurance Company of New York $ 2,290 La Retama Library $ 2,788 $ 2,788 $477,500; Parkdale Library - $236,500; Greenwood Library -$123,750; Total - $837,750 All of the policies are for one year except for the fire and extended coVeraga on inventories and the valuable papers policies which are three years. Only estimated premiums are available at this time because the final experience • modifiers have not been published by.the State for general liability and • automobile insurance and because the final calculations and data necessary for the other policies have not been completed. On February 23, 1977, the City Manager was authorized to renew or replace the above policies upon the recommendation of the Director of Finance and the Insurance Advisory Committee with the stipulation that the recommendations would be brought to the Council_ for review before the policies were placed. These policies will be cancelled as of July 31, 1977 and new policies written for August 1, 1977 through July 31, 1978 to coordinate policy expiration dates with the City's fiscal year. *Mayor Luby arrived at this time at 2:10 p.m. In regard to Item "a", Councilmember de Ases inquired about the question that had been raised about the exemptions claimed by disabled'veterans and requested. a report on this matter soon. Mayor Luby inquired if there was any discussion from the audience in regard _to the City Manager's report. There were no questions or discussion. Motion by Councilmember de Ases that Items "a" through "d" of the City Manager's Report be accepted as presented, seconded by Sample, and passed unanimously.. City Manager Townsend stated that the next item on the agenda was canvassing. returns and declaring the results of the General Election for the purpose of electing the Mayor and Council Members of the City of Corpus Christi held on the 2nd day of April, 1977. Mr. Townsend pointed out to the Council that City Secretary Read had placed before them a memorandum in regard to certain problems in a few precincts and Minutes Regular Council Meeting April 6, 1977 Page 4 copies of the tabulation of votes. Mr. Townsend read Mr. Read's memorandum which is as follows: "The following were the discrepancies found on the General Return Sheets from the election judges as compared to the telephone report Saturday night._ 1. In Precinct #20, Del Mar Auditorium, in Place 1, Mr. Douglas "Buzzy" Elliff was reported as having received 50 votes on Machine 011361. A re -reading of the machine indicated Mr. Elliff received only 15 votes changing the total in that precinct from 86 to 51 and his total for the election from 1,732 to 1,698. 2. In Precinct 051, Corpus Christi Country Club, the return by phone Saturday night indicated that in Place 5, Mr. Edward L. Sample had received 227 votes on Machine 011927 but the total votes cast on said machine was only 182. Reinspection of the machine disclosed a malfunction of the ' machine for in fact, the counter for Edward Sample indicated 227 votes while only 182 votes was indicated by the public counter has having been cast on that machine. The counter on the machine apparently jumped 100 votes. Mr. Sample's total from that precinct was 683 including the error and his total votes received was 17,143. 3. In Precinct 056, King High School, Machine 011998 was reported to have shown 132 votes for Mr. David Perry for Mayor and 140 votes for Dr. Bill Tipton for Mayor. The total votes cast on this machine with these figures for these candidates would be greater than the total number of votes cast on the machine. A reinspection of this machine disclosed that Mr. David Perry received 32 votes instead of the 132 and that Dr. Bill Tipton received 49 votes instead of 140 as was first reported. The total votes received by these candidates in -this precinct were 95 for Mr. Perry and 195 for Dr. Tipton, changing the total received by these two candidates in the election to 8,440 votes for David Perry and 13,304 for Bill Tipton. Other than a few minor addition mistakes, there were no other discrepancies and the attached tally sheet accurately reflects the votes cast on the April 2, election." City Manager Townsend pointed out that none of these changes changed the results of the election. Councilmember Gill inquired about the procedure followed when there appears to be a discrepancy on the General Return Sheets. City Secretary Read explained that he contacts the judge of the precinct involved; he and two witnesses go to the precinct polling place; the election judge opens the machine and signs the retabula- tion if there is a change. Mr. Read also pointed out that the election judges had / Minutes Regular Council Meeting April 6, 1977 Page 5 performed an excellent job on the election and' there were very few mistakes. Council - member de Ases suggested that the election judges should be complimented on their performance. Colonel Lee Freeman, 1802 Paul Jones, spoke at this time, stating that he had received a report the morning of April 2 that the machines in Precinct 27, at 3013 Brawner Parkway, were not working properly and that he had called the City Secretary's office. City Secretary Read confirmed that he had received the call from Mr. Freeman; he had sent a voter machine mechanic to check the -machines; and the mechanic found that both machines were functioning properly. Mr. Read also stated that there were no discrepancies shown on the General Return forms received from this precinct. Mr. Freeman also voiced a protest against the election and expressed his dissatisfaction in regard to the method of listing names on the ballot and ques- tioned the way the parties are determined. Mr. Freeman then read from several sections of the Election Code and summarized that it is his contention that some of the members of the parties in this election, having participated in primary. parties in the November General Election, were not eligible to set up other parties' until March 1, 1977. Councilmember Lozano stated that the article of the Election Code which Mr. Freeman had read referred to Republican and Democratic parties but does not refer to City Elections because they are non-partisan. Mr. Bernie Bray, 1645 Airline Road, registered a complaint in regard to the voting machines at Precinct 27, 3013 Brawner Parkway, indicating that he had received a call from a voter and that he had contacted the City Secretary about 6:30 p.m. on April 2. City Secretary Read confirmed this but reiterated'that he had requested the voting machine mechanic to check the machines, and he had found them 'to be in proper working order. Mr. Benny Benavides, 2421 Cleo, spoke at this time and inquired if the City planned to comply with the State Election Laws or the City Charter for the Runoff Election. City Attorney Aycock stated that it is his opinion that Article 7.16 of the Texas Election Laws should be followed since it is State law, and Minutes Regular Council Meeting April 6, 1977, Page 6 this law calls for the Runoff Election to be held on the 2nd Tuesday after the election has been canvassed. City Manager Townsend pointed out that the discussion at this time was on the canvassing of the votes. In a return to the discussion in regard to the complaints of the machines at Precinct 27, City Secretary Read reiterated that the mechanic had checked the machines and the General Return Sheet did not indicate any errors. He then passed this particular form to the members of the Council for their examination. City Manager Townsend stated that an Order was before the Council for canvassing the returns. Motion by Gulley that the following Order be approved; seconded by Sample, and passed unanimously: No. 13709 (AN ORDER) CANVASSING RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION FOR THE PURPOSE OF ELECTING THE MAYOR AND COUNCIL MEMBERS OF THE CITY OF CORPUS CHRISTI HELD ON THE 2ND DAY OF APRIL, 1977. City Manager Townsend then informed the Council that the next item to be considered was calling a runoff election for the second Tuesday after the canvas- sing of votes of the General Election, designating the polling places and naming election judges. Mr. Townsend stated that the returns indicated that a runoff election would be necessary for the Mayor's race and Council Members' race for Places 1, 2, 3, 5, and 6. He further stated that the Council had been provided copies of memorandums from City Attorney Aycock containing legal opinions in regard_ to the authority for setting runoff elections the second Tuesday following the canvassing of votes. Mayor Luby stated that he had delivered a letter to the City Secretary the evening of April 5, 1977, addressed to The Citizens of Corpus Christi, the City Council, the City Manager, and the City Secretary. Mayor Luby read the memorandum as follows: "Pursuant to the powers vested in me as Mayor of the City of Corpus Christi, I am calling the City Runoff Election to be held Saturday, April 23, 1977. "It is in the public interest for the election to be held on a Saturday when the greatest number of citizens will have an opportunity to vote. "I am instructing the City Secretary to make all necessary arrangements to hold the election on the date (April 23, 1977) that the Mayor has specified." Minutes Regular Council Meeting April 6, 1977 Page 7 Mayor Luby next read a letter dated April 6, 1977, as follows: "To: The Citizens of Corpus Christi, the City Council, the City Manager, and the City Secretary _From: Mayor Jason Luby "The people of Corpus Christi are entitled to the opportunity to choose their Mayor and members of their City Council in a simple understandable way. "This is why I favor a drawing for first and second positions by each of the two candidates in the Mayor's race and in the five remaining Council races. "There is no fairer way. "If this system is not acceptable by law, I believe the candidate with the highest number of votes in the April 2 election should be listed in the first column and the candidate who received the second highest vote should be put in the second column. "This latter procedure is within the law beyond doubt. "In keeping with the authority vested in me as Mayor, I am requesting the City Secretary to follow one of these two procedures in preparing ballot listings for the runoff election which I have called for Saturday, April 23. "The party structure which existed in the April 2 election no longer exists. The Seven for Corpus Christi Party consists now of six candidates. The Unify Party has five remaining Council candidates and no Mayor candidate. To list these two groups in the first two columns.on the ballot and to place the incumbent Mayor's name alone in a third column because he was indepen- dent candidate would provide a confusing ballot which could deprive the majority of voters of the free choice to which they are entitled. "We have had too much confusion already. Only by protest were we able to force the listing of candidates on the April 2 ballot so that all names could be clearly read. Most of the people of this City also can remember that it was necessary, in 1973, for us to demand a recount of votes in two precincts to arrive at a correct total and to bring about a runoff election. "It is time that the good interest of the voters is put first. /s/ Jason Luby Mayor" City Manager' Townsend stated that the staff has explained that the run - .:off election date is to be set for the second Tuesday following the canvassing of the general election based on the legal opinion of the City Attorney as expressed in his memorandum dated April 5, 1977, to which was attached a copy of Article 7.16 of the Texas Election Laws. City Attorney Aycock stated that this article is effective when the cities' population reaches 200,000. Mayor Luby stated that he disagrees with City Attorney Aycock's opinion and questioned him about the stipulation in the City Charter that the Mayor of Minutes Regular Council Meeting April 6, 1977 Page 8 the City shall call the election. City Attorney Aycock reiterated that the question is whether or not the State law prevails or the City Charter. Mr. Aycock referred to his memorandum of April 6, 1977 in regard to the applicability of Article 678a,.Vernon's Texas Civil Statutes, and in particular, a portion of paragraph (c) of Article 2.01b, which stated that "A runoff election, when required, shall be held on a date that provides7 the same time interval with relation to the main election as provided under the preexisting law." The City Attorney stated that it was his opinion that "pre- existing law" had been established in setting runoff elections since the runoff elections in 1973 and 1975 had been conducted on a Tuesday. Mayor Luby disagreed with this statement. City Manager Townsend then read the following portion of City Attorney Aycock's memorandum dated April 5, 1977, the subject of which was "Procedure for Calling Runoff Election and Related Questions": "Article 7.16, a copy of which is attached, provides in Section 1 that the law applies to all cities and towns in the State whether incorporated under General or Special Law (including home rule cities), having a popu- lation in excess of two hundred thousand (200,000) inhabitants, according to the last preceding or future Federal census. "Even though Section 3 of Article II of the City Charter, which was amended in 1975, provides for a runoff election on the third Saturday following the regular election, the Charter provisions would have to yield to State law because Article 7.16 is expressly made applicable to home rule cities and is the latest expression of the legislative will and would control. "Article II, Sec. 2(d) specifies that all elections for elective offices shall be in accordance with the applicable laws of Texas governing elec- tions. "The procedure for calling the election is as follows: Even though Article 7.16 says that the Mayor of the city shall on the first day following the completion of the official count of the ballots cast at said first election issue a call for a second election to be held in said city on the second Tuesday following the issuance of said call, custom and procedure in home rule cities so far as calling the election is concerned is determined by Section 4.06 of the Election Code which allows a different method of call- ing the election to be prescribed by the Charter of the city. Article IX, Section 19, of the City Charter prescribes that the City Council shall make all necessary regulations concerning elections; the manner and method of holding same." Mayor Luby then read a portion of an article which appeared in the Minutes Regular Council Meeting April 6, 1977 Page 9 Corpus Christi Times which indicated that in 1971, the runoff election was held on :a Saturday and questioned why this procedure was not followed in 1973 and 1975. Councilmember de Ases pointed out to the Mayor that he had not protested `having the runoff election on Tuesday in 1973 and 1975, at which time the Mayor was ;in -the runoff. Mayor Luby indicated that at that time he did not know as much about the ,election laws as he does now. Mayor Luby then called for comments or discussion from the audience in regard to the matter. Mr. William M. Foster, 1118 Golla, addressed the Council and stated that he is a construction worker and does not get off in time to vote and suggested that the City seems to want to hold the runoff election whenever it wants to. Mr. Jerry Hammond, 906 Beeman, stated that it is difficult for him to vote ,:on Tuesday, but he can vote on Saturday. He also expressed his opinion that the ,incumbent should not be listed last. Mrs. Betty Brandesky, 4017 Cork, also expressed her preference for a ;,Saturday runoff election. She stated that she had tried to contact the Secretary ,of State's office for a legal opinion as to when the City should hold the runoff election but had been unable to obtain an opinion. Mayor Luby stated that he had talked to the State office and they had declined to give an opinion, also indicating to him that a lawsuit in regard to the matter would provide basis for a ruling. City Manager Townsend informed the Council that there is a bill before the State Legislature to clear up the ambiguities existing in the current Election Code; -,stated that a public hearing is being conducted in the House today; and a definite .opinion should be available later today. Mrs. Juan Contreras, 1002 - 14th Street, spoke in Spanish at this time. (Translation by Victor Lara). She stated that she has been a resident of the City ;for 54 years and has voted for many years, indicating that she prefers that the Minutes Regular Council Meeting April 6, 1977 Page 10 runoff election be held on Saturday because it is difficult for senior citizens to obtain transportation to the polls except on Saturday. Also speaking in favor of holding the runoff election on Saturday were Mrs. Loraine Hammond, 906 Beeman; Jack Arnold,1814 Whiting; Louis Peronis, 3449 Lawnview; Jose Garcia, 3502 Heritage; Colonel Lee Freeman, 1802 Paul Jones; Mrs. Mary,Rindflish, 4305 Yucatan; and Vicente Carranza, 2215 Kinsolving Courts. Mr. Benny Benavides, 2421 Cleo, indicated that he felt that citizens who want to vote would vote on Tuesday. Councilmember Gill referred to the last paragraph of City Attorney Aycock's memorandum of April 6 in which he stated that he did not think that a court would invalidate a runoff election held on the third Saturday following'the April 2, 1977 election. Councilmember Sample expressed appreciation to all of the members of the audience who had voiced their opinions, assuring them that the Council is not trying to' disenfranchise the citizens as far as their right to vote is concerned, but pointed out that there were no problems when the runoff elections were held on Tuesday in 1973 and 1975. The following members of the audience spoke in favor of a Saturday runoff election at this time: Cherie Bushwar, 4909 Waltham Drive, (a student); Tim Gonzalez, 2845 Lamar; George Isaacs, 518 Browner Parkway; and Kitty Ellis, 3241 Lawnview. City Manager Townsend pointed out that regardless of the day of the election, absentee voting will be conducted on one Saturday between now and the election. Councilmember de Ases moved that the Election Order calling a runoff election for the office of Mayor and Council Members be held on the second Tuesday after the canvassing of votes in the General Election; seconded by Gulley. Mayor Luby stated that he would vote "No" on this and called for dis- cussion. Minutes Regular Meeting April 6, 1977 Page 11 Mayor Luby then called for a vote of the Council on the motion. The fol- lowing Election Order was passed by the following vote: Tipton, de Ases, Gulley, .,Lozano and Sample voting "Aye"; Luby and Gill voting "Nay". 4110..13710 (Election Order) :CALLING A RUNOFF ELECTION FOR THE OFFICE OF MAYOR AND COUNCIL MEMBERS IN THE CITY "OF CORPUS CHRISTI TO BE HELD ON THE SECOND TUESDAY AFTER THIS CALL OF ELECTION, THE SAME BEING APRIL 19, 1977; DESIGNATING PLACES OF HOLDING SUCH ELECTION; NAMING THE OFFICERS THEREFOR; PRESCRIBING THE FORM OF NOTICE OF ELECTION, AND ENACTING PROVI- SIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDER. Mayor Luby inquired if this would involve an ordinance. City Manager Townsend informed him that the action will be by motion and zexplained that the Council can act by motion, by resolution or by ordinance. Mayor Luby again inquired if this will be brought forward as an ordinance. City Manager Townsend stated that according to the law, the Council must take action to call for a runoff election and an ordinance is not necessary. Councilmember Gill referred to the agenda that was prepared on Friday which listed the canvassing of the election as an ordinance. City Manager Townsend stated that the matter was placed on the agenda as a recommendation of the City Manager and that action could be taken by a motion since it was just carrying out a statutory requirement of the law and an ordinance was not necessary. David Perry, 6218 Pebble Beach, spoke from the audience and stated that the action was listed as an ordinance and inquired if this motion had been posted as required by the open meetings law. . Mayor Luby requested that the calling of the runoff election be done by "ordinance since it was posted as such. City Secretary Read stated that he does not have such an ordinance before him. Mayor Luby explained to the audience that as presiding officer of the Council, he is not allowed to make motions. Councilmember Gill moved that an ordinance calling for a runoff election to be held on Saturday, April 23, 1977, be approved. Mayor Luby seconded the motion. City Secretary Read addressed the Mayor at this time and stated that he could properly second the motion if be asked .Mayor Pro Tem Tipton to preside temporarily. Mayor Luby declined to do this and Minutes Regular Council Meeting April 6, 1977 Page 12 stated that his second to the motion stands. City Attorney Aycock stated that the matter has already been acted upon and the motion for an ordinance calling the runoff election for Saturday, April 23, is out of order. Mayor Luby called for a motion to recess for 10 minutes to reconsider the matter. Councilmember Gill moved that the meeting be recessed for 10 minutes. There was no second to the motion. Councilmember Gill moved that an ordinance be brought forward to establish the date of the runoff election as April 19, 1977. Councilmember de Ases indicated, that if such an ordinance is presented, the Mayor could refuse to declare an emer- gency and it would have to be on a three -reading basis. City Manager Townsend stated that the passage of an ordinance would not rescind the motion already approved calling the election for April 19. Councilmember Gill raised a point of order and expressed the opinion that since the emergency item was posted as an ordinance, the motion was in violation. Mayor Luby inquired about when the emergency item on this matter was posted. City Secretary Read stated that the Legal Department prepared the item and it was posted. on Monday, April 4, 1977, on the bulletin board and both doors of the Council Chamber. Mayor Luby requested that Mr. Read call the secretary who had posted the notice to come to the Council Chamber. Mayor Luby stated that he was going to take a l0 -minute recess. (3:40 p.m.) Councilmember Gulley moved that the meeting be adjourned since their business had been concluded. The motion was seconded by Sample. Mayor Pro Tem Tipton declined to call for a vote, stating that he felt that this would be wrong. Mayor Luby returned to the Council Chamber and stated that the motion had, been handled improperly and the election should have been called by an ordinance. He indicated that he felt that the City Secretary, City Attorney and City Manager had acted improperly. After further discussion, City Manager Townsend stated that the Council had already acted on the election order and the only proper action at this time • Minutes Regular Council Meeting April 6, 1977 -Page 13 would be a motion to reconsider the order which had already been approved. He stated that -this could be done if they wished to have an ordinance. Mrs. Rose Rubio, secretary from the City Secretary's office,arrived in the '.:Council Chamber at this time. Mayor Luby questioned her in regard to the emergency ritem calling the runoff election for April 19, 1977. Mrs. Rubio stated that she aha3,posted the emergency item notice on the bulletin board, the Council Chamber door, ,and the door to the Committee Room on the morning of Monday, April 4, 1977, and :t further stated that she had not posted an additional notice at any other time this -week. Mayor Luby inquired of another secretary presently working in the City :Secretary's office, Mrs. Dorothy Zahn, if she had posted any other notices of ._emergency items to be considered at this meeting. Mrs. Zahn stated that she had :not. Mayor Luby stated that he had issued an order calling for the runoff :election to be held on Saturday, April 23, and he expected it to be held then. Councilmember Lozano stated that the majority of the Council rules. Mayor Luby stated at this time that if the runoff election is held on _April 19, he will take it to the courts. City Manager Townsend next presented the ordinances. There were no questions from the Council or members of the audience in regard to the ordinances. -City Secretary Read polled the Council for their vote. -The following ordinances were approved by the Council: FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMEND- ING SECTIONS 53-99 AND 53-100 SO AS TO RESTRICT THE OPERATION OF TRUCKS, TRAILERS AND OTHER HEAVY AND/OR LARGE VEHICLES ON CERTAIN STREETS, ALL AS MORE FULLY SET FORTH HEREINAFTER; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting "Aye". THIRD READING - ORDINANCE NO. 13711: AMENDING CHAPTER 57, ARTICLE II, DIVISION 5 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY REPLACING THE TERM "CHAUFFEUR'S LICENSE" WHEREVER IT APPEARS WITH THE TERM "TAXICAB DRIVER'S" LICENSE AND REPEALING SECTION 57-105 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AND SUBSTITUTING THEREFOR A NEW SECTION 57-105, TO PROVIDE FOR ISSUANCE OF TAXICAB DRIVER'S LICENSE. Minutes Regular Council Meeting April 6, 1977 Page 14 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". Mayor Luby then inquired if there were any petitions or discussion items from members of the audience. Ma. Mary Lou Huffman, member of the Park Board, spoke at this.time ix} reference to H.B. 1643 which was considered earlier this week and which proposed to rescind the requirement for 5E park dedication. She stated that the Park Board • had not been notified of this pending legislation and that they would like.to have time to prepare a statement in regard to bills pertaining to parks. She suggested that the City staff notify city boards affected by bills before the House and Senate. City Manager Townsend explained that the process of keeping up with the numerous house bills being considered is a very large task. He stated that in - this particular case, the City was represented by Ernest Briones, Director of Planning and Urban Development, and the bill has been referred to a subcommittee. Mr. Townsend assured Ms. Huffman that the City staff will watch this particular bill carefully and that they will make Ms. Huffman aware of any items in regard to future house bills that might affect the City parks. Mr. Henry Garcia, representing the Molina -Los Encinos Park group, spoke at this time and pointed out to the Council that the Los Encinos Park development had been included in the 1972 Bond Election and nothing has been done toward Improving the park. City Manager Townsend confirmed that this was a proposition in the 1972 Bond Election and that the park improvement was to be developed in connection with Los Encinos School and Cabaniss Field, but that the park would be in direct conflict with the flight pattern of Cabaniss Field. He further stated that the park needs further study and a report will be brought to the next Council. Councilmember de Ases inquired of Mr. Garcia when meetings of the Molina - Los Encinos organization are held. Mr. Garcia informed him that they are held at Skinner Elementary School on the second Monday of every month but they would be glad to hold a special meeting if members of the Council would like to attend. Mr. Tom Hetzel, 5901 Weber Road, representing the March of Dimes,.invited the Council to be present at the start of the Walkathon scheduled for 10:00 a.m. at the Amphitheater at Cole Park on April 24, 1977. He also stated that when he • Minutes .Regular Council Meeting April 6, 1977 Page 15 was a candidate for the City Council, he had vacated his position as a member of the P.ark'Board, and he asked the Council to consider reappointing him to that board. IMayor Luby informed him that there will be no appointments made until after the .selection. City Secretary Read informed the Council that Mr. Hetzel had recently won first place in the State championship swim meet and complimented Mr. Hetzel on his contributions to the community in the field of swimming and sports events. :Mayor Luby extended his compliments to Mr. Hetzel on his achievements. City Manager Townsend informed the Council, as they had requested, of .upcoming events scheduled for Cole Park. Councilmember Gill requested that an item be placed on the agenda to discuss 1269M of the State Statutes governing policemen and firemen in regard to =harassment of City employees. There being no further business to come before the Council, on motion by ;de Ases, seconded by Gulley, and passed unaniously, the meeting was adjourned at :4:13 p.m. April 6, 1977.