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HomeMy WebLinkAboutMinutes City Council - 07/06/1977MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 6, 1977 2:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem Eduardo E. de Ases Council Members: David Diaz Bob Gulley Gabe Lozano, Sr. Edward L. Sample City Manager R. Marvin Townsend Senior Assistant City Attorney Robert Coffin City Secretary Bill G. Read Mayor Jason Luby called the meeting to order in the Council Chambers of City Hall. The invocation was presented by the Reverend Frederick Boden of Our Savior Spanish Lutheran Church. City Secretary Read called the roll of required Charter Officers and stated that a quorum was present to conduct a legally constituted meeting. Motion by de Ases that the minutes of the Regular Council Meeting of June 15, 1977 be approved as presented; seconded by Diaz, and passed unanimously. Mayor Luby announced that he had presented the following proclamations in his office prior to the meeting: SAFE BOATING WEEK - July 3 through July 9, 1977, and NATIONAL SOFTBALL WEEK - July 9 through July 15, 1977. Mr. Terry Dopson, Director of Park and Recreation, appeared at this time and introduced Mr. Perry Biles, President of the Corpus Christi Softball Association. Mr. Biles expressed appreciation for the proclamation presented by Mayor Luby. 'He also invited the Council to attend a special event scheduled for 7:00 p.m. Saturday, July 9, 1977, at Jaycee Softball Field. Mayor Luby announced the scheduled public hearing on the request of.the Salvation Army to close the alley in Block 6, Bayview Subdivision, located between Hancock Avenue and Buford and between 15th and 16th Streets. The alley has never been opened. The Salvation Army owns all of the abutting property. All affected departments concur. City Manager Townsend stated that the City Charter requires that a public hearing be held to consider the closure of alleys; required notices have been mailed to property owners within 450 feet of the alley; and no letters of objection have been received. Mayor Luby called for comments from the audience on the pro osed closure. MrCROFILMED • (SEP 0 3 %SO Minutes Regular Council Meeting July 6, 1977 Page 2 Mrs. Leopoldo Ramos, 1025 - 14th Street, stated that she is the owner of property described as Lot 7, Block 1, Bayview #3, and that she had received a notice informing her of the public hearing. Mrs. Ramos indicated that if the alley adja- cent to her property will be closed, she objected to the closing. City Manager Townsend informed Mrs. Ramos that the alley at the rear of her home would not be closed and the reason that a notice was mailed to her was because her residence is within 450 feet of the alley to be closed. Mr. Townsend further stated that the only property owner who will be affected by the proposed closing is the Salvation Army. No one else spoke in regard to this alley closing. Motion by Sample that the hearing be closed; seconded by Lozano, and passed unanimously. Motion by Lozano that the alley in Block 6, Bayview Subdivision, located between Hancock Avenue and Buford and between 15th and 16th Streets, be closed; seconded by Diaz, and passed by the following vote: Luby, Diaz, Gulley, Lozano, and Sample voting "Aye"; de Ases abstaining since he is a member of the Board of the Salvation Army. * Mayor Luby called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanation: a. Recommendation that a public hearing be held during the Regular Council Meeting on July 27, 1977 at 3:30 p.m. on the applications of Mr. David May for a change of zoning from "T -1C" to "1-2" on the northeast corner of Greenbay Drive and Matlock Street. b. Recommendation that two surface moisture and density gauges be purchased from TROXLER ELECTRONIC LABORATORIES, INC., Research Triangle Park, North Carolina on the basis of low bid of $8,834. Bide were received from two firms. The gauges will be used to test the quality of street construction and will reduce the cost of work done by testing laboratories. c. Recommendation that the bid award on a horizontal, trailer mounted, hose reel for the Wastewater Services Division be made to CONSOLIDATED PIPE & TUBE COMPANY, San Antonio on the basis of low bid of $2,450. Bids were received from two firms. The equipment will be used to haul sludge injection hose between injection sites at the various wastewater treatment plants. d. Recommendation that a change order for $9,775.15 be approved to the contract with Northwest Bridge and Tank Company of Sheridan, Wyoming for repair and painting of•the 1,000,000 gal. water tank and tower on Alameda to provide for the repair of corroded gussets and sway brace shackles on the tank and tower. This work was not included in the original specifications because the problem was not discovered until the contractor began to sand blast and paint the areas on the column directly under the tank bowl. Minutes Regular Council Meeting July 6, 1977 Page 3 e. Recommending that a contract be approved with the Corpus Christi Area Oil Spill Control Association for the purpose of providing coverage to the Corpus Christi Area Oil Spill Control Association's employees under the City's current Group Health Insurance policy. The Association will pay the premium for coverage for its four employees. f. Recommendation that the following actions be taken regarding the construction of Cooper's Alley extension from Tancahua Street to Chaparral Street: (1) The assessment for Item No. 7 be reduced from $996.40 to $726.40. The reduction provides for assessment of only a five foot wide portion of the sidewalk along Cooper's Alley. (2) The assessment hearing be closed and the assessment roll consisting of 19 items and $31,328.38 be adopted. The project is being jointly financed by the Federal Government, the State, and the City under the Urban Systems Program. The total cost is $174,282.67. The State -Federal portion is $105,821.47 and the City's $68,461.20 including assessments. g. Recommendation that the following actions be taken in connection with Kostoryz Road Street Improvements from Padre Island Drive to Holly Road. (a) The preliminary assessment roll be adopted and the assessment hearing be held on August 3, 1977 at 3:00 P.M. in the Council Chambers. The roll includes 32 items and $136,315.99. (b) An additional $6,300 be appropriated for additional City cost based on actual bids. The City has previously appropriated $114,700. The Project is jointly funded by the State, Federal Government, and the City under the Urban Systems Program. The low bid was submitted to the State by Asphalt Paving & Construction Company for $387,667.54. h. Recommendation that the Corpus Christi Health Center be accepted and $35,383.05 be paid to Lambert & Fondren for a total of $1,892,075.08. Several items of fixed equipment, which have been ordered, have not yet been received. As soon as all equipment has been installed, the Hill -Burton representatives will inspect the facility and release final retainage of Federal funds. The project was completed within the allotted time schedule and was funded by bond funds and a $1,000,000.00 Federal grant from Hill -Burton as administered by the Texas Department of Health Resources. i. Recommendation that Parcel 3 for the Aztec Street Extension Project be acquired for $1,000 from Mr. and Mrs. Jose Quesada or $125.00 over the approved value. No additional appropriation is required. This parcel is located on Cheyenne Street directly west of the intersection of Mohawk Street and Aztec Street. This is the last parcel needed to extend Aztec Street from Cheyenne to Mohawk to provide better circulation in the neigh- borhood. The additional $125 is recommended as compensation for the large amount of dirt piled on the property which was not considered in the original appraisal, the other two parcels involved have been purchased for the amounts approved on March 2, 1977. j• Recommendation that plans and specifications for the closing of the Bluff Tunnel be approved and bids be received on July 26, 1977. Plans propose the closing of the tunnel by installing two large prefabricated grates at the entrances on Upper Broadway and a metal gate fabricated from reinforcing steel at the lower entrance. Minutes Regular Council Meeting July 6, 1977 Page 4 k. Recommendation that the plans and specifications for drainage improvements on Corpus Christi Beach be approved and bids be received August 3, 1977. The project includes the first of two proposed contracts and includes the outfall at the north end near Rincon Point and storm sewers southward to near Surfside Park. The main trunk line begins as a 30" pipe and increases to 54" at its outfall near Rincon Point. A sand trap structure is provided to collect sand accumulated as the result of low velocities. The project is included in the 2nd year Community Development Program. 1. Recommendation that Activity 3343 (Communications) of the Fire Department budget for 1976-77 be amended by deleting the uniformed classification of Fire Alarm Operator I and substituting the civilian classification of Dispatcher (Salary Grade 20) in lieu thereof. One position of Fire Alarm Operator will continue in lieu of a Dispatcher until the incumbent is promoted or otherwise transferred. m. Recommendation that bids be received at 10:00 A.M., July 25, 1977 for the sale of Lot 15, Block 6, Villa Gardens Addition, located at 510 Villa Drive. The 55' x 122.5' vacant lot, zoned "R -1B", was acquired through tax fore- closure. n. Recommendation that bids be received on July 27, 1977 to lease minerals underlying a 314.5 acre tract on the northeastern portion of International Airport, bounded by Joe Mireur Road and Highway 44. The lease will have the following minimum provisions: 1. $50 per acre cash bonus for a 3 -year primary term, $5 per acre per year delayed rental, royalty of 3/16 with a $1,000 per year minimum and a shut-in royalty for two years of $5 per acre per year. 2. Unitization will only hold that part so unitized beyond the primary lease. 3. The lease applies only to depths below 10,118'. When the City purchased this property, the deed provided that the seller would retain the mineral rights for a minimum period of 20 years. If a producing well was not located on the property at the end of the 20 -year period, the mineral rights reverted to the City. The 20 -year period has expired and a drilling company currently has a well on the property and a mineral lease to a depth of 10,118'. Interest has been expressed by another company in leasing the minerals below this depth. o. Recommendation that $700 be appropriated from the Land Acquisition project at International Airport for payment of fees incurred in obtaining three title opinions from Mr. Ted M. Anderson for the Federal Aviation Agency to support reimbursements for 3 tracts of land purchased when the airport was built in 1958 through 1960. p. Recommendation that Mr. R. E. Byars, dba Texas Tramways Company be granted a five-year franchise to operate a scenic motor tour service in the City. This would be the second tour franchise. Mr. Byars will pay the City 4% of gross receipts as a franchise fee and proposes to operate the following routes: 1. A shopper servire From Rockport to downtown Corpus Christi and the Padre - Staples Mall and from the hotels and apartments along Shoreline Boulevard and Ocean Drive to the Mall on Monday, Wednesday and Friday. M_ .as Regular Council Meeting July 6, 1977 Page 5 2. A 4 -wheel drive vehicle beach exploration charter along Padre Island on Tuesday and Thursday. 3. A tour of the City and the King Ranch on Saturday. 4. A loop around the Bay and a tour of the Rockport -Fulton area on Sunday. Vans will be used to provide the sightseeing service with the exception that 4 -wheel drive vehicles will be used on the Padre Island tour. Mayor Luby called for comments from the Council on the City Manager's Reports. In regard to Item "b", which recommends the purchase of surface moisture and density gauges, Council Member Sample inquired about the savings to the City that will be realized by this purchase and use of the gauges. City Manager Townsend stated that James K. Lontos, Director of Engineering and Physical Development, will be present later during the meeting to explain. Mayor Luby called for discussion or comments from members of the audience on the City Manager's Reports. Mr. Armando Caceres, 5713 Bonner, President of the Fire Fighters Association, appeared before the Council at this time. City Manager Townsend reminded Mr. Caceres of the City's Standard Instruc- tion No. 1-11, which outlines guidelines for the appearance of City employees before the City Council. Mr. Caceres continued, stating that he was appearing on behalf of the fire fighters in connection with Item "1" of the City Manager's Reports. He stated that he felt that his organization had been blamed, according to the news media, for the lack of applications from uniformed fire fighters for positions as alarm operators. He stated that the reason the fire fighters did not apply for these positions was that previously the position salaries were the same as a Lieutenant in the Fire Department and this salary was reduced. City Manager Townsend again reminded Mr. Caceres that the matter he was addressing concerned the Fire Department, and he had not gone through the proper channels before appearing before the Council. Mayor Luby stated that Mr. Caceres was speaking as a representative of the Fire Fighters Association, and since the Council Meeting is a public meeting, he allowed him to continue. Minutes Regular Council Meeting July 6, 1977 Page 6 Mr. Caceres reiterated that the allegations made in regard to a shortage of alarm operators indicated that it was the fault of the fire fighters, and he wanted to clarify this matter. He stated that the Council had voted against a similar recommendation last year, and the Fire Fighter Association is opposed to the proposed change. He also pointed out that the fire fighters are not forced to take the examinations for fire alarm operators, and the reason they do not is not because they object to the 8 -hour shifts involved, as has been indicated, but because the salary is less than it formerly was. Mayor Pro Tem de Ases inquired of Mr. Caceres if he is appearing before the Council, not as an advocate or opponent of the City Manager's recommendation, but merely to answer the charges that the shortage of fire alarm operators is because the fire fighters do not desire to work the 8 -hour shifts. Mr. Caceres indicated that this was his intent. Further discussion followed. Council Member Sample stated that he felt that the appearance of employees before the Council, without their having gone through the proper channels, is improper and that the Council table is not the bargaining table. Mr. Caceres again stated that he was there to answer the charges levied against the Fire Fighters Association. Mayor Luby stated that any employee has the right to appear before the Council on any item on the agenda and will retain that right as long as he is Mayor and presides over the Council meetings. Motion by Sample that the City Manager's Reports, Items "a" through "p", be approved; seconded by Diaz, and passed by the following vote: de Ases, Diaz, Gulley, Lozano and Sample voting "Aye" on all items; Luby voting "Aye" on all items except Item "1"; Gill, absent. Mayor Luby called for presentation of the ordinances. City Manager Townsend called for consideration of the ordinance listed as Item "a" first, since it is necessary that a notice of the action contained in the ordinance be filed in the office of the nieces County Clerk. This ordinance was passed by the following vote: M_ _yes Regular Council Meeting July 6, 1977 Page 7 ORDINANCE NO. 13814: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: KOSTORYZ ROAD (M.H.103) FROM STATE HIGHWAY 358 (PADRE ISLAND DRIVE) TO HOLLY ROAD, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PIANS AND SPECIFICATIONS, REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENT SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the follow- ing vote: Luby, de Ases, Diaz, Gulley, Lozano and Sample voting "Aye"; Gill, absent. City Manager Townsend briefly described the remaining ordinances. Mayor Luby invited comments from the Council and members of the audience in regard to the ordinances. No one responded. City Secretary Read polled the Council for their votes, and the following ordinances were approved: FIRST READING: AMENDING THE BUDGET FOR FY 1976-77, ADOPTED BY ORDINANCE NO. 13309, BY AMENDING THE FIRE DEPARTMENT BUDGET FOR ACTIVITY 3343 (COMMUNICATIONS) SO AS TO DELETE THE UNIFORMED CLASSIFICATION OF FIRE AIARM OPERATOR I AND SUBSTITUTING IN LIEU THEREOF THE CIVILIAN CLASSIFICATION OF DISPATCHER (SALARY GRADE 20), AND TO PROVIDE THAT AS THE FINAL VACANCY IN THE FIRE AIARM OPERATOR OCCURS THAT THE FIRE ALARM OPERATOR CLASSIFICATION BE DELETED AND IN LIEU THEREOF THAT CIVILIAN CLASSIFICATION OF DIS- PATCHER BE SUBSTITUTED THEREFOR. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: de Ases, Diaz, Gulley, Lozano and Sample voting "Aye"; Luby voting "No"; Gill, absent. THIRD READING - ORDINANCE NO. 13816 EXTENDING THE FRANCHISE GRANTED BY ORDINANCE NO. 10998, PASSED ON JULY 26, 1972 TO MR. ELI ABRAMS, DBA COURTESY ADVERTISING COMPANY, FOR AN ADDITIONAL PERIOD OF 5 YEARS. THE TERMS OF THE FRANCHISE GRANTED BY ORDINANCE NO. 10998 ARE TO REMAIN THE SAME EXCEPT THAT THE PERCENTAGE OF GROSS RECEIPTS FROM ADVERTISING ON THESE BENCHES PAID TO THE CITY IS TO BE INCREASED FROM 10% TO 157. The foregoing ordinance was read for the third time and passed finally by the fol- lowing vote: Luby, de Ases, Diaz, Gulley, Lozano and Sample voting "Aye"; Gill, absent. THIRD READING - ORDINANCE NO. 13817 AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE AMERICAN LITTLE LEAGUE FOR A FIVE-YEAR EXTENSION OF THE CURRENT LEASE AGREEMENT AUTHORIZED BY ORDI- NANCE NO. 10174, CONCERNING A TRACT OF APPROXIMATELY THREE AND ONE-HALF ACRES OF LAND IN BOTSFORD PARK, FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A RECREA- TIONAL AREA, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the fol- lowing vote: Luby, de Ases, Diaz, Gulley, Lozano and Sample voting "Aye"; Gill absent. Minutes Regular Council Meeting July 6, 1977 . Page 8 THIRD READING - ORDINANCE NO. 13818 AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 19-172, REINSPECTION FEES, OF ARTICLE VI, MILK AND MILK PRODUCTS, TO PROVIDE FOR NEW SCHEDULE OF FEES FOR INSPECTION OF MILK AND MILK PRODUCTS; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the fol- lowing vote: de Ases, Diaz, Gulley, Lozano and Sample voting "Aye"; Luby voting "No"; Gill, absent. THIRD READING - ORDINANCE NO. 13819 AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 19-180, DEFINITIONS, OF ARTICLE VII, FROZEN DESSERTS, SO AS TO ADD DEFINITION OF MOBILE UNIT; ADDING A NEW SECTION, 19-193, INSPECTION FEES, SO AS TO PROVIDE FOR INSPECTION OF FROZEN DESSERTS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the fol- lowing vote: de Ases, Diaz, Gulley, Lozano and Sample voting "Aye"; Luby voting "No"; Gill, absent. THIRD READING - ORDINANCE NO. 13820 FINDING THAT THE BAYFEST 77 ON SEPTEMBER 30 THRU OCTOBER 2, 1977 IS IN THE INTEREST OF THE PUBLIC WELFARE; CLOSING THE 1200 THROUGH 1700 BLOCKS OF NO. SHORELINE TO VEHICULAR TRAFFIC FROM 8:00 A.M. SATURDAY, SEPTEMBER 24, 1977 TO 12:00 NOON WEDNESDAY, OCTOBER 5, 1977, FOR SAID BAYFEST CO-SPONSORED BY THE JUNIOR LEAGUE OF CORPUS CHRISTI, TEXAS AND THE CORPUS CHRISTI ARTS COUNCIL; PROVIDING FOR BARRICADES AND EMERGENCY VEHICLE ENTRANCE; PROVIDING FOR LIABILITY INSURANCE, RESTORATION OF DAMAGED CITY PROPERTY, APPROVAL OF THE ENGINEERING & PHYSICAL DEVELOPMENT DIRECTOR AND THE COM- MUNITY ENRICHMENT DIRECTOR FOR CERTAIN CHANGES, REQUIRED PERMITS FOR BEER AND FOOD, COMPLIANCE WITH CITY CODES AND PROHIBITING CERTAIN PAVEMENT MARKINGS AND REQUIRING THE SPONSORS TO RESTORE THE AREA FOR USE FOR VEHICULAR TRAFFIC: AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED APPLICATION PERMIT; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND PROVIDING FOR SEVERANCE. The foregoing ordinance was read for the third time and passed finally by the fol- lowing vote: Luby, de Ases, Diaz, Gulley, Lozano and Sample voting "Aye"; Gill, absent. THIRD READING - RESOLUTION NO. 13821 APPROVING THE JANUARY 24, 1977, SUMMARY OF SETTLEMENT AND REORGANIZATION PLAN FOR COASTAL STATES GAS CORPORATION AND ITS SUBSIDIARIES AND STOCKHOLDERS AND THE CITY OF CORPUS CHRISTI AND OTHER CUSTOMERS OF LO-VACA GATHERING COMPANY AS THE BASIS FOR SETTLEMENT OF LITIGATION, The foregoing ordinance was read for the third time and passed finally by the fol- lowing vote: de Ases, Diaz, Gulley, Lozano and Sample voting "Aye"; Luby voting "No"; Gill, absent. (Mayor Luby indicated his intention to veto the foregoing resolution.) ORDINANCE NO. 13822 CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: COOPER'S ALLEY EXTENSION AND TELCO STREET, FROM 100 FEET EAST OF CHAPARRAL STREET TO TANCAHUA STREET, INCLUDING 250 FEET OF CARANCAHUA STREET NORTH OF TELCO STREET AND A PORTION OF MESQUITE STREET AT COOPER'S STREET, PROJECT NO. MH -281, 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 Regular Council Meeting July 6, 1977 Page 9 AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the follow- ing vote: Luby, de Ases, Diaz, Gulley, Lozano and Sample voting "Aye"; Gill, absent. ORDINANCE NO. 13815 APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: KOSTORYZ ROAD (M.H. 103) FROM STATE HIGHWAY 358 (PADRE ISLAND DRIVE) TO HOLLY ROAD; DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD ON AUGUST 3, 1977, AT 3:00 P.M., IN THE CITY COUNCIL CHAMBERS, IN THE CITY OF CORPUS CHRISTI, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Luby, de Ases, Diaz, Gulley, Lozano and Sample voting "Aye"; Gill, absent, ORDINANCE NO. 13823 APPROPRIATING $6,300 OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT N0. 220-72-5, KOSTORYZ ROAD, PADRE ISLAND DRIVE TO HOLLY ROAD, (M.H. 103), 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 approved by the follow- ing vote: Luby, de Ases, Diaz, Gulley, Lozano and Sample voting "Aye"; Gill, absent. ORDINANCE NO. 13824 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE CORPUS CHRISTI AREA OIL SPILL CONTROL ASSOCIATION FOR THE PURPOSE OF PROVIDING COVERAGE TO THE ASSOCIATION'S EMPLOYEES UNDER THE CITY'S GROUP HEALTH INSURANCE POLICY, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the follow- ing vote: Luby, de Ases, Diaz, Gulley, Lozano and Sample voting "Aye"; Gill, absent. ORDINANCE NO. 13825 APPROPRIATING $700.00 OUT OF THE NO. 245 AIRPORT BOND FUND, FOR PAYMENT OF THREE TITLE OPINIONS AND THREE TITLE RUNS PERFORMED BY TED M. ANDERSON, ATTORNEY-AT-LAW, APPLICABLE TO PROJECT NO. 245-72-1, ]AND EXPANSION AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT (FRONTAGE ON HIGHWAY 44); AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the follow- ing vote: Luby, de Ases, Diaz, Gulley, Lozano and Sample voting "Aye"; Gill, absent. FIRST READING: GRANTING R. E. BYARS, DBA TEXAS TRAMWAYS COMPANY, A FRANCHISE ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING A SCENIC MOTOR TOUR SERVICE; PROVIDING FOR A CHARGE OF FOUR PER CENT (4%) OF GROSS RECEIPTS, TO BE PAID ON OR BEFORE THE 10TH DAY OF EACH CALENDAR MONTH Minutes Regular Council Meeting July 6, 1977 Page 10 FOR THE PRECEDING CALENDAR MONTH; PROVIDING FOR THE FILING OF A STATEMENT OF RECEIPTS WITHIN TEN (10) DAYS FOLLOWING THE END OF EACH CALENDAR MONTH; PROVIDING FOR PUBLIC LIABILITY SECURITY; PROVIDING FOR PROPER SUPERVISION; PROVIDING FOR DATE WHEN THIS GRANT SHALL BECOME EFFECTIVE UPON ACCEPTANCE IN WRITING BY GRANTEE WITHIN THIRTY (30) DAYS. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, de Ases, Diaz, Gulley, Lozano and Sample voting "Aye"; Gill, absent. Mayor Luby stated his intention to veto Ordinance No. 13806, passed by a majority of the Council on June 29, 1977, citing as his authority to do so under the provision of Article II, Section 6, of the City Charter. Mayor Luby read the following letter of veto addressed to the Public, the City Council, the City Manager, and the City Secretary: "Ladies and Gentlemen: "The Electrical Licensing Ordinance and Electrical Code of the City of Corpus Christi have been enacted to protect the health, safety, lives and property of the citizens by insuring that electrical work performed within the city limits is performed in a safe and proper manner. The present ratio of allowing a maximum of one apprentice to work under the supervi— sion of one journeyman electrician has been a part of our City Ordinance for many years and has worked well. "All of the evidence and testimony that was presented to the City Council indicates that the amendment passed by the City Council, increasing the apprentice/journeyman ratio would create a danger of hazardous and unsafe electrical work being performed in the City, and thus creating hazards to the health, safety, lives and property of the citizens.. I will not be party to this action by the Council majority to imperil the citizens of Corpus Christi. "The persons who appeared before us in opposition to this ordinance have shown that this amendment will allow untrained, unskilled and untested persons to perform electrical work within the city without adequate supervision. It has been shown that this action is contrary to what has been found to be safe and workable by the United States Department of Labor, and this action is also contrary to the recommendations made to us by the two respected Electrical Engineering professors from Del Mar College who communicated with the Council. Both of these Electrical Engineering professors were of the opinion that this action would create a danger to the safety of the lives and property of our citizens. "All of the unbiased evidence presented to the City Council was against this ordinance. It is apparent to me that this ordinance is supported by a few persons having a vested economic special interest in lowering the safety standards for electrical work in the City of Corpus Christi. I will not be a party to such action. "For the reasons stated, I hereby exercise my right as Mayor of Corpus Christi to veto the ordinance passed by the Council majority amending the Electrical Licensing Ordinance by increasing the apprentice ratio." /s/ Jason Luby, Mayor" • r ,p Minutes Regular Council Meeting July 6, 1977 Page 11 Motion by Gulley that the Council override the veto of Ordinance No. 13806 by Mayor Luby; seconded by Sample. Council Member Sample stated that his second to Council Member Gulley's motion expressed his opinion of this ordinance but pointed out that he does not think that anything contained in the subject ordinance will endanger the lives of the citizens of Corpus Christi. Council Member Lozano stated that testimony had been presented by experts that this ratio would provide safe electrical work for the citizens of this City. City Secretary Read polled the Council for their vote on the motion, and it was approved by the following vote: de Ases, Diaz, Gulley, Lozano and Sample voting "Aye"; Luby voting "No"; Gill, absent. Motion by Sample that Council Member Ruth Gill be excused from the Regular Council Meeting of July 6, 1977, for just cause; seconded by Lozano, and passed unanimously. Mayor Luby called for petitions or discussion from members of the audience. Mr. David Perry, Attorney representing the Electrical Workers Union, spoke in regard to the amendment to the Electrical Licensing Ordinance, the Mayor's veto, and the action of the Council to override the veto. Mr. Perry complimented the Mayor on his response to those who had spoken in opposition to passage of the sub- ject ordinance and stated that he felt that the other members of the Council had demonstrated their selfish attitude and had overriden the Mayor's veto because of "special interest groups". Council Members Gulley and Lozano objected to the continuation of Mr. Perry's attack on their integrity. Mayor Luby allowed Mr. Perry to continue. Mr. Perry further stated that the attitude of the Council in regard to this issue was not in the best interest of the citizens of Corpus Christi. Council Member Diaz addressed Mr. Perry and informed him that he personally has a great interest in the citizens of Corpus Christi and that he will do the best that he can for the majority of the people of this City and that he must vote on each issue that comes before the Council in a manner that will benefit a majority of the citizens rather than to satisfy a few people. Minutes Regular Council Meeting July 6, 1977 Page 12 Mr. Perry continued by alleging that the reason this City has not grown is because the City has had Councils that do everything for a few and indicated that he felt that the present Council has adopted this same attitude. Council Member Diaz stated that this Council has adopted the attitude to attempt to accomplish growth for this City and pointed out the planned construction of the many new facilities and public buildings which will greatly enhance this City and generate growth. Mr. Perry again expressed his opinion that the Council vote on the Electri- cal Licensing Ordinance demonstrated that they are voting in the interest of a few people. He also stated that the growth Mr. Diaz had referred to is the result of the vote of a majority of the people on bond issues. Council Member Sample stated that he felt compelled to answer the charges made by Mr. Perry and informed him that when he votes an any issue, he does his utmost to vote in a manner that will benefit the 'entire'City. stated that he had voted on the Electrical Licensing Ordinance information presented during the Council meetings and his vote testimony and his own experience. Mr. Perry pointed out that a number of unbiased witnesses who were opposed to this ordinance had presented enough evidence that the Council should have voted against the amendment to the Electrical Licensing Ordinance. Mayor Pro Tem de Ases indicated that Mr. Perry's charges did not deserve Mr. Sample further after hearing the was based on this comment. Council Member Diaz stated that the Council had no further comments in regard to this matter. City Manager Townsend reminded the Council of the Workshop Meeting to discuss the Budget for 1977-78 scheduled for 5:30 p.m. Monday, July 11, 1977. City Manager Townsend also reminded the Council of the bus tour scheduled for' Saturday at 9:00 a.m. to examine the areas to be considered for annexation in the near future. There being no further business to come before the Council, on motion by Sample, seconded by de Ases, the meeting was adjourned at 3:00 p.m. July 6, 1977.