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.