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HomeMy WebLinkAboutMinutes City Council - 11/09/1977MINUTES REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS NOVEMBER 9, 1977 2:00 P. M. PRESENT: Mayor Jason Luby Mayor Pro Tem Eduardo E. de Ases Council Members: David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Jason Luby called the meeting to order in the Council Chamber of City Hall. The invocation was presented by the Reverend David Carirey of the First Wesleyan Church. City Secretary Bill G. Read called the roll of required Charter Officers and stated that a quorum was present to conduct a legally constituted meeting. Motion by Diaz that the Minutes of the Regular Council Meetings of October 19, 1977 and October 26, 1977 and the Special Council Meeting of October 26, 1977 be approved as presented; seconded by Sample; and passed by the follow- ing vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby voting "Nay" because he had not had an opportunity to read the minutes. Mayor Luby announced that the following proclamations had been presented in his office prior to the meeting: ',GOOD TURN DAY" - November 12, 1977; "KEY CLUB WEEK" - Richard King High School - November 13-19, 1977; "KEY CLUB WEEK" - Mary Carroll High School - November 13-19, 1977; "KEY CLUB WEEK" - Foy H. Moody High School - November 13-19, 1977; "KEY CLUB WEEK" - Roy Miller High School - November 13-19, 1977; "KEY CLUB WEEK" - W. B. Ray High School - November 13-19, 1977; "YOUTH APPRECIATION WEEK" - November 13-19, 1977; "NATIONAL REACT MONTH" - November, 1977; "THE GREAT AMERICAN SMOKEOUT" - November 17-18, 1977. Mayor Luby announced the presentation by the Camp Fire Girls and intro- duced Mr. Hector T. Morales. Mr. Morales, 638 Hoffman, Personnel Director of the Corpus Christi State School, stated that he was appearing before the Council on behalf of the Board of Directors of the Area Camp Fire Girls, Inc., which includes Nueces County, Bee MICROFILMED SEP D3 19 Minutes Regular Council Meeting November 9, 1977 Page 2 County, Aransas County, and San Patricio County Camp Fire Girls. Mr. Morales introduced Mrs. Arturo Vasquez, Chair Person of the Camp Fire Girls. Mr. Morales explained some of the principles of the Camp Fire Girls and informed the Council, the media and the audience that the annual candy sale will be conducted from November 11 through November 28, 1977. Mr. Morales introduced to the Council Miss Kimberley Smith, who sold more Camp Fire Girl candy last year than anyone in the area. Miss Smith and a number ,• of other Camp Fire Girls presented candy and nuts to the members of the Council. Council Member Diaz read the proclamation declaring November 11 through 28, 1977 as "CAMP FIRE GIRLS ANNUAL CANDY SALE" and presented it to the Camp Fire Girls. Mayor Luby, assisted by Council Member Gabe Lozano, presented retirement plaques to the following City employees: EMPLOYEE YEARS OF DEPARTMENT POSITION SERVICE Mr. Jesus Paz Parks & Recreation Equipment Operator 25 Chief B. A. Turner Fire First Asst. Fire Chief 32 Ms. Viola Vesely Inspection Chief Permit Clerk 24 Mr. Refugio Acuna Water Water Meter Supervisor 40 Mayor Luby announced the next item on the agenda for canvassing returns and declaring the results of the November 8, 1977 Bond Election. City Secretary Read presented the Council with copies of the official tally sheets containing the results of the election by precinct and a memorandum which explained the minor discrepancies in seven precincts. Mr. Read informed the Council that the discrepancies were very minor and stated that the memorandum explained where they occurred and how, in his opinion, they happened. Mr. Read also reported to Mayor Luby that he had available the sealed copies of the General Return Sheets which were addressed to him. City Secretary Read then invited ques- tions from members of the Council. Mayor Pro Tem de Ases asked for a comparison of this bond election in rela- tion to other bond elections conducted in the City. . .ates Regular Council Meeting November 9, 1977 Page 3 In reply to this question, City Manager Townsend referred to the tabulation of the 1972 Bond Election and stated that on Proposition No. 1, 18,000 votes were - cast, and the number of votes cast in that election ranged down to 17,000 on the other propositions. Mr. Townsend pointed out that that election included the pro- position for Texas A & I University at Corpus Christi and this item generated a great deal of interest in the City. In comparison, City Manager Townsend stated that the total votes cast in this election was 16,748. City Secretary Read stated that in 1972, there were 98,000 registered voters, and in 1977, there were 103,000 registered voters. There being no further discussion on the canvassing of the votes, Mayor Luby called for the ordinance pertaining to this matter. City Secretary Read polled the Council for their votes, and the following ordinance was passed: ORDINANCE NO. 14007: THAT THE CITY COUNCIL OFFICIALLY FINDS AND DETERMINED THAT SAID ELECTION WAS DULY ORDERED, THAT PROPER NOTICE OF SAID ELECTION WAS DULY GIVEN, THAT PROPER ELECTION OFFICERS WERE DULY APPOINTED PRIOR TO SAID ELECTION, THAT SAID ELECTION WAS DULY HELD, THAT DUE RETURNS OF THE RESULT OF SAID ELECTION HAVE BEEN MADE AND DELIVERED, AND THAT THE CITY COUNCIL HAS DULY CANVASSED SAID RETURNS AND THE CITY COUNCIL OFFICIALLY FINDS, DETERMINED AND DECLARED THE RESULT OF SAID ELECTION TO BE THAT EACH PROPOSITION SO SUBMITTED HAS RECEIVED A FAVORABLE MAJORITY VOTE IN ALL RESPECTS AND HAS CARRIED, AND THAT THE BONDS AND CERTI- FICATES OF OBLIGATION MAY BE ISSUED AND TAXES MAY BE LEVIED, ASSESSED AND COLLECTED ANNUALLY, AS VOTED AND AS PROVIDED BY LAW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended, and the foregoing ordinance was approved by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". Council Member Gulley complimented a group of citizens who had promoted the Bond Program and introduced Mr. Bob Dupuy and Mr. Jorge Rangel who had been instrumental in forming a committee to urge support of all of the propositions. Mayor Luby complimented the news media for their promotion of the Bond Election and suggested that they conduct a follow-up program on the projects included in the bond program as they progress and are completed so that the citizens will be aware of the results of the bond program. City Manager Townsend informed the Council that the scheduled bid opening for the lease of minerals underlying a 65.5 acre tract owned by the City adjacent to Lake Corpus Christi would not be held due to the fact that no bids were received. City Manager Townsend announced that the City had received a letter of credit for 40% of the grant from EDA for the Horne Road sanitary sewer project, and this project will Soon be under way. Minutes Regular Council Meeting November 9, 1977 Page 4 Mayor Luby announced the Public Hearing on annexation of Suntide Road. City Manager Townsend explained that the proposed annexation of Suntide Road is from the present City limits just north of I.H. 37 to Up River Road, which is the portion of Suntide Road adjacent to the 8.173 acre tract owned by Lantana Corporation on which a public hearing was held last week. He stated that it was felt this portion of the road should be annexed since it is alongside the property previously approved for annexation. Mayor Pro Tem de Ases inquired if anyone in the audience desired to speak on this matter. There was no response. Motion by Sample that the hearing be closed, seconded by Diaz and passed unanimously. Motion by Gulley that the annexation of Suntide Road from the present City limits just north of I. H. 37 to Up River Road be approved; seconded by Sample and passed unanimously. Mayor Luby called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanation: a. Recommendation that bids be received at 11:00 A.M., 1977, for one 24" plug valve for the Water Division part of a budgeted project to install an additional at the Stevens Filter Plant to increase the pumping 88 million gallons per day. The additional pumping because the plant has been producing at or near its during some summer months. b. Recommendation that bids be received at 11:00 A.M., 1977, for 1977-78 requirements of tires and tubes. tires and 2600 tubes.) Tuesday, December 6, This is the first high service pump capacity from 72 to capacity is needed pumping capacity Tuesday, November 29, (Approximately 3200 c. Recommendation that a repayment period of up to 5 years with a minimum monthly payment of $5.00 be established for payment of sanitary sewer front foot charges. The City Code provides for a 24 month repayment period with no minimum established. Since front foot charges were raised from , $2 to $5 in July, often the 24 month time limit has created high monthly payments. Since newly served areas have a $2 front foot charge for a 6 month period after sewer installation, a minimum monthly payment is recommended to eliminate unreasonably low monthly payments. d. Recommendation that agreements be authorized with the Lower Nueces River Water Supply District for the City to pay the District $75,000 per month for 1977-78 rather than $40,000 per month with the last month's payment being at least $420,000, and an additional $180,000 supplemental payment to the District for debt retirement during 1977-78 with the District agreeing not to levy a tax. Supplemental payments to avoid a tax levy began in 1969. The District's debt will be paid off in 1986. tes regular Council Meeting November 9, 1977 Page 5 e. Recommendation that the Baldwin Street overlay project which was added to the Urban Systems on March 2, 1977, be delayed since water line recon- struction should first be completed and in lieu thereof, Carancahua and Tancahua from Interstate 37 to Midtown Traffic Exchange and South Staples from Weber to Annapolis be added. f. Recommendation that the portion of the assessment roll pertaining to Houston Street be approved as final, showing assessments of $43,991.80 on 60 items. Houston Street was completely financed by bond funds and assessments since it was not eligible for Community Development block grant financing. The remainder of the project is 85-90% complete. E. Recommendation that the final assessment roll for Cooper's Alley Extension and Telco Street be adopted showing assessments of $30,939.88 on 19 items. The project has been completed by the Department of Highways and Public Transpor- tation and jointly financed by the City, State and Federal governments under the Urban Systems Program. The total cost was $168,300 of which the Federal and State's portion was $99,873 and the City's, including assessments, was $68,427. h. Recommendation that authority be granted to submit a grant application to the Coastal Bend Council of Governments for a Title V grant of $8,250 to be matched by $2,750 local money for acoustical treatment of the Lindale and Greenwood Centers. The cathedral ceilings, large expanses of glass and hard surfaces in the cafetorium, and large craft rooms create a sound distortion problem. The local share is available in the Senior Community Services budget. i. Recommendation that the Director of Finance be authorized to advance up to $600,000 from the General Fund to the Transit Fund at an interest rate not to exceed 6.817. per year simple interest during 1977-78. Even though the Director of Finance now has this authority, it is necessary that a specific ordinance be passed to support incurring the interest as an expense of the Transit Fund which will become part of the Transit system deficit and thus eligible for 50% participation from the Urban Mass Transportation Administration.' The operating assistance grant application for 1977-78 includes an estimated interest expense of $18,300. j• Recommendation that the City's Title II Comprehensive Employment and Training Act contract be extended from November 16, 1977 to September 30, 1978, increasing it $666,969 from $2,155,784 to $2,822,753. The total funds available for FY 78 are $988,399, including carry -in funds of $321,430, to extend 109 Title II positions through September 30, 1978. The contract provides 96 positions with the City, 3 positions with the Flour Bluff School District and 10 positions with the West Oso School District. The proposed contract provides $64,200 in administrative costs, $839,308 in wages and $84,308 in fringe benefits for FY 78. k. Recommendation that Title II Comprehensive Employment and Training Act contract modifications be approved with the following agencies for public service employment extending current contracts from November 16, 1977 through September 30, 1978. Flour Bluff ISD $18,900 3 positions West Oso ISD $60,100 10 positions The modification continues two aide and one grounds and maintenance man for Flour Bluff and ten teacher aides for West Oso. Minutes Regular Council Meeting November 9, 1977 Page 6 1. Recommendation that a Title VI Comprehensive Employment and Training Act contract modification be approved. It will extend the contract date from November 6, 1977 to September 30, 1978, increase it $3,710,563 from $1,573,068 to $5,283,631 to extend 201 Title VI positions from November 16, 1977 to September 30, 1978 and continue approximately 344 previously approved special project positions. m. Recommendation that Title VI CETA contract modifications be approved with the following agencies for Title VI public service employment, extending current contracts from November 16, 1977 through September 30, 1978. Corpus Christi ISD $415,400 47 positions Flour Bluff ISD 94,100 13 positions West Oso ISD 106,800 14 positions Calallen ISD 112,000 16 positions Tuloso-Midway ISD 44,000 3 positions Nueces County CAA 146,700 17 positions Del Mar College 31,500 3 positions Lulac Educational Service Center 53,200 4 positions Corpus Christi State School 110,000 12 positions March of Dimes 14,400 2 positions United Service Organization 22,300 2 positions Harbor Playhouse 67,800 9 positions The contract modifications extend existing (sustainment) and special project positions through September 30, 1978. Mayor Luby called for discussion from the Council on the City Manager's Reports. Mayor Pro Tem de Ases referred to Items "j", "k", "1" and "m", which con- cerned CETA funding, and asked for the total number of jobs that were either being extended or created. City Manager Townsend explained that the total available funds at this time are $5,250,116; additional funds available through Title II total $666,969; and the additional funds available through Title VI total $3,710,563, which represents a total of $4,377,532 in additional funds which are available. In regard to Item "b", which recommends that bids be received for the 1977-78 requirements of tires and tubes, Council Member Diaz inquired if a savings might be effected if tubeless tires are used for City vehicles. City Manager Townsend informed Mr. Diaz that this bid represents all of the City's tire requirements for the fiscal year, and contracts will be awarded Minutes Regular Council Meeting November 9, 1977 Page 7 based on price and guarantee of wear characteristics. In regard to the use of tubeless tires, City Manager Townsend stated that a large number of vehicles are equipped with this type of tires, but some vehicles, including trucks, require tires with tubes. Council Member Gill inquired if this item is divided so that companies may bid on portions of the bid. City Manager Townsend stated that the tires are separated into lots, and a company may bid on the five different lots. In regard to Item "e", which recommends that the Baldwin Street overlay project,which was added to the Urban Systems program, be delayed since water line reconstruction should first be completed, Council Member Gill asked if at the time the Baldwin Street overlay was included in this project it was contemplated that the water line would be completed sooner than it has been. City Manager Townsend referred to the priority list of the EDA projects which was submitted for funding and stated that the first four projects on the list included the Baldwin Street water main. Mr. Townsend reminded the Council that at the time the priority list was submitted, the staff anticipated approval of the first four projects, but the EDA office approved only the first, two, which were the Horne Road sanitary sewer improvements and the South Staples Street water line; therefore, the Baldwin Street water main was not funded, thus the delay on this project. In further reference to this item, Council Member Diaz inquired if the funds from the Urban Systems program are used for Carancahua and Tancahua, would funds be available for the overlay on Baldwin Street? City Manager Townsend stated that the staff feels that it would be proper to perform the overlay at the same time the water main is repaired on Baldwin Street and stated that this project has been tentatively approved previously by the Council. Council Member Diaz inquired if the Council would receive a report later on the Arts Commission.recommendation for the sculpture for Cooper's Alley. Minutes Regular Council Meeting November 9, 1977 Page 8 City Manager Townsend stated that the original request for this work of art was for $8,000; however, the current request is for $3,500, and $3,000 will be designated for the sculpture and $500 for the judges of the competition that will be conducted. Mr. Townsend stated that before he makes a report, he would like to have an opportunity to read the minutes of the meeting of the Municipal Arts Commission. Council Member Gulley suggested that the City could save $500 if the Council is allowed to judge the entries. City Manager Townsend stated that this item will be on the agenda for discussion next week. Mayor Luby called for discussion from the audience on the City Manager's Reports. There was no response. Motion by Sample that the City Manager's Reports, Items "a" through "m", be accepted; seconded by Diaz and passed unanimously. City Manager Townsend mentioned to the Council that some time this year he hopes to enter into negotiations with the Robstown Water District in regard to the long-standing case in regard to compensation to the City for the water used by Robstown. For the benefit of the students present in the audience, Mayor Luby requested that City Manager Townsend review the Robstown water situation. City Manager Townsend explained that Robstown has been taking the water since the late 1800's; they have certain permits that do not include storage; storage has been provided and paid for by the City and the Water District; and there has been a dispute for many years as to whether or not the City of Robstown should pay for this storage. Mayor Luby called for the presentation of the ordinances. City Manager Townsend briefly described the ordinances, and Mayor Luby agreed to declare an emergency on several of the ordinances listed on a three -reading basis. There was no discussion from the Council or the audience on the ordinances. ...lutes Regular Council Meeting November 9, 1977 Page 9 City Secretary Read polled the Council for their votes, and the following ordinances were approved: SECOND READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR AN EXTENSION AND AMENDMENT FOR A TERM OF THREE YEARS OF 1'Ha PRESENT TAX COLLECTION CONTRACT BETWEEN SAID INDEPENDENT SCHOOL DISTRICT AND THE CITY, ORIGINALLY AUTHORIZED BY ORDINANCE NO, 5582, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARRED EXHIBIT "A" AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". SECOND READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CORPUS CHRISTI JUNIOR COLLEGE DISTRICT FOR AN EXTENSION AND AMENDMENT FOR A TERM OF THREE YEARS OF THE PRESENT TAX COLLECTION CONTRACT BETWEEN SAID JUNIOR COLLEGE DISTRICT AND THE CITY, ORIGINALLY AUTHORIZED BY ORDINANCE NO. 5593, AND AS LAST EXTENDED BY ORDINANCE NO. 12342; 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 second time and passed to its third reading by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting. "Aye". ORDINANCE NO. 14008: AUTHORIZING THE DIRECTOR OF FINANCE TO MAKE AN INTERFUND LOAN, TO -WIT, ALLOWING THE TRANSIT FUND TO BORROW FROM THE GENERAL FUND IN AN AMOUNT UP TO $600,000, SAID LINE OF CREDIT TO REMAIN OPEN ONLY DURING THE 1977-78 FISCAL YEAR, ENDING JULY 31, 1978, AT A RATE NOT TO EXCEED 6.81% PER ANNUM SIMPLE INTEREST; AUTHORIZING THE EXECUTION OF ALL PAPERS OR DOCUMENTS RELATING THERETO, IF ANY ARE NEEDED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 14009: AMENDING SECTION 55-132 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SUBSECTION (c) SO AS TO PROVIDE FOR NOT MORE THAN 60 MONTHLY INSTALLMENTS FOR INSTALLATION OF SEWER EXTENSIONS WITH MINIMUM MONTHLY PAYMENTS OF NOT LESS THAN $5.00; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye", ORDINANCE NO. 14010: AMENDING ORDINANCE NO. 3658, AS AMENDED, BY AMENDING SECTION 250, CLASSIFICATION PLAN FOR ALL POSITIONS IN THE CLASSIFIED SERVICE, SO AS TO REFLECT CERTAIN POSITION TITLE CHANGES AND BY ESTABLISHING CERTAIN CLASS CODES, POSITION TITLE AND CLASS GRADES, AS MORE FULLY SET FORTH HEREINAFTER; PROVIDING AN EFFECTIVE DATE; PROVIDING A SEVERANCE CLAUSE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". Minutes Regular Council Meeting November 9, 1977 Page 10 • ORDINANCE NO. 14011: AUTHORIZING THE CITY MANAGER TO CONVEY TO CALVIN F. BRIGHT LOT 12-A, BLOCK B, FLOUR BLUFF ESTATES, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, UPON PAYMENT OF THE CASH CONSIDERATION OF $8,000 FOR SAID PARCEL, A COPY OF INSTRUMENT CONVEYING THE SAME BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye", ORDINANCE NO, 14012: APPROPRIATING OUT OF NO. 162 FEDERAL/STATE GRANT FUND, COMMUNITY BLOCK GRANT ACTIVITY 4736, CODE 502, THE SUM OF $144,589.17 TO REIMBURSE THE NO, 141 WATER REVENUE FUND, ACTIVITY 5171, CODE 602, FOR CITY FORCE ACCOUNT WORK PERFORMED DURING JULY, AUGUST, AND SEPTEMBER 1977 APPLICABLE TO HIGH TERRACE, LA ARBOLEDA, AND CASA BLANCA SUBDIVI- SIONS AS ALLOCATED IN THE 3RD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT FOR UTILITY SYSTEM IMPROVEMENTS AND RELOCATIONS, AND DECLARING AN EMERGENCY, The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". THIRD READING - ORDINANCE NO. 14013: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MARGIE BENNETT DBA COLISEUM CONCESSIONS, GRANTING THE RIGHTS OF CONCESSION AT THE EXPOSITION HALL AND MEMORIAL COLISEUM ON SHORELINE BOULEVARD IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO THE SAID MARGIE BENNETT DBA COLISEUM CONCESSIONS, SAID CONCESSION RIGHTS TO BEGIN NOVEMBER 1, 1977, AND TO TERMINATE ON OCTOBER 31, 1980, SUBJECT TO THE COVENANTS AND CONDITIONS PROVIDED IN SAID CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye", THIRD READING - ORDINANCE NO. 14014: AUTHORIZING THE CITY MANAGER TO LEASE A 174 -ACRE TRACT OF LAND IDENTIFIED AS TRACT "C" AT THE INTERNATIONAL AIRPORT TO MR. TOMMY M. BERNSEN FOR A TERM OF FIVE (5) YEARS AT A SHARE RENTAL OF ONE-FOURTH (1/4) OF ALL COTTON AND SEED AND ONE-THIRD (1/3) OF THE GRAIN CROPS WITH A MINIMUM ANNUAL GUARANTEE OF $47.00 PER ACRE, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH, MARKED EXHIBIT "A", IS ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". TRIRD READING - ORDINANCE NO. 14015: AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 2 TO THE CONTRACT WITH BEECROFT & WILLIAMSON FOR THE CONSTRUCTION OF THE FLOUR BLUFF PARK AND SWIMMING POOL CONSTRUCTION (PARKER MEMORIAL PARK) BOR PROJECT NO. 48-00409, A SUBSTANTIAL COPY OF SAID CHANGE ORDER BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $4,340.06 OUT OF THE NO. 291 PARK BOND FUND APPLICABLE TO PROJECT NO. 291-72-9, FLOUR BLUFF POOL AND PARK CONSTRUCTION, SAID APPROPRIATION BEING, SUBJECT TO APPROVAL FROM THE BUREAU OF OUTDOOR RECREATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye", tee ,,alar Council Meeting November 9, 1977 Page 11 THIRD READING - ORDINANCE NO, 14016: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 53-257, SCHEDULE VIII, PARKING METER ZONES, BY DELETING SUBSEC- TIONS (a) THROUGH (f) THEREOF, AND BY ADOPTING NEW PARKING METER ZONES NOS, 1 THROUGH 4, AS MORE FULLY SET FORTH HEREINAFTER; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". THIRD READING - ORDINANCE NO. 14017: AMENDING THE 1977-78 BUDGET FOR THE REVENUE SHARING FUND, NO. 126, BY REDUCING THE ESTIMATED REVENUE BY $23,103, FROM $3,870,777 TO $3,847,674; AND REDUCING THE REVENUE SHARING RESERVE BY $23,103, FROM $139,066 TO $115,963. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye", THIRD READING - ORDINANCE NO. 14018: REDUCING THE 1977-78 APPROPRIATION OF $298,427 FROM THE GENERAL FUND TO THE TRANSIT FUND TO $152,402 AND THE REVENUE SHARING CONTRIBUTION TO THE GENERAL FUND BY $146,025, AND APPROPRIATING $146,025 FROM REVENUE SHARING TO THE TRANSIT FUND TO MATCH THE 1977-78 GRANT APPLICATION FOR OPERATING ASSISTANCE FROM THE URBAN MASS TRANSPORTATION ADMINISTRATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye", THIRD READING - RESOLUTION NO. 14019: REAFFIRMING SUPPORT OF THE HARBOR ISLAND AND ARANSAS PASS CHANNEL MODIFICATION OF THE NUECES COUNTY NAVIGATION DISTRICT NO. 1, THE DEEP WATER PORT AT HARBOR ISLAND, AND ALTERNATE NO. 4 OF THE HARBOR ISLAND FEDERAL STUDY, AND READOPTING RESOLUTION NO. 11539 PASSED AND APPROVED BY THE CITY COUNCIL ON JUNE 20, 1973. The foregoing resolution was read for the third time and passed finally by the following vote: de Ases, Diaz, Gulley, Lozano and Sample voting "Aye". Luby and Gill voting "Nay". THIRD READING - RESOLUTION NO. 14020: RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPOR- TATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. The foregoing resolution was read for the third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye", ORDINANCE NO. 14021: APPROPRIATING A TOTAL OF $67,467.86 AS FOLLOWS: $27,836.27 OUT OF THE NO, 220 STREET BOND FUND; $5,346.79 OUT OF THE NO. 250 SANITARY SEWER BOND FUND; $404,46 OUT OF THE NO. 295 STORM SEWER BOND FUND; $1,319.86 OUT OF THE NO. 162 FEDERAL/STATE GRANTS FUND, ACTIVITY 4732, CODE 502; $256,53 OUT OF THE NO. 162 FEDERAL/STATE GRANTS FUND, ACTIVITY 4734, CODE 501; $7,328.19 OUT OF THE NO. 162 FEDERAL/STATE GRANTS FUND, ACTIVITY 4734, CODE 502; $24,975.76 OUT OF THE NO. 162 FEDERAL/STATE GRANTS FUND, ACTIVITY 4736, CODE 502; APPLICABLE TO VARIOUS PROJECTS AS SHOWN ON THE ATTACHED TABULATION, MARKED EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING A REIMBURSEMENT OF $67,467.86 TO THE NO. 102 GENERAL FUND FOR ENGINEERING SERVICES PERFORMED DURING AUGUST AND SEPTEMBER, 1977, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, d Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". Minutes Regular Council Meeting November 9, 1977 Page 12 ORDINANCE NO. 14022: AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE LOWER NUECES RIVER WATER SUPPLY DISTRICT IN WHICH THE CITY AGREES TO MAKE MONTHLY PAYMENTS TO THE WATER DISTRICT TO AVOID A DISTRICT TAX LEVY, PROVIDING FOR THE CANCELLATION OF THIS AGREEMENT SHOULD THE DISTRICT LEVY A TAX, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, IN SUBSTAN- TIALLY 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 passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye", ORDINANCE NO. 14023: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE LOWER NUECES RIVER WATER SUPPLY DISTRICT BY THE TERMS OF WHICH THE CITY AGREES TO MAKE A $180,000 SUPPLEMENTAL PAYMENT TO THE DISTRICT FOR DEBT RETIREMENT DURING THE 1977-78 FISCAL YEAR, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 14024: AUTHORIZING THE CITY MANAGER TO EXECUTE A TITLE II COMPREHENSIVE EMPLOYMENT AND TRAINING ACT CONTRACT MODIFICATION EXTENDING THE CONTRACT DATE FROM NOVEMBER 16, 1977 TO SEPTEMBER 30, 1978 AND INCREASING THE TOTAL CONTRACT FROM $2,155,784 TO $2,822,753, ALL AS MORE FULLY SET FORTH IN THE CONTRACT MODIFICATION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS TO EXTEND THE AFORESAID CONTRACT TO SEPTEMBER 30, 1978; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill,'Gulley, Lozano and Sample voting "Aye", ORDINANCE NO. 14025: AUTHORIZING THE CITY MANAGER TO EXECUTE A TITLE II COMPREHENSIVE EMPLOYMENT AND TRAINING ACT CONTRACT MODIFICATION WITH THE FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT AND WEST OSO INDEPENDENT SCHOOL DISTRICT EXTENDING THE CONTRACT FROM NOVEMBER 16, 1977 THROUGH SEPTEMBER 30, 1978 FOR A TOTAL OF 13 PUBLIC SERVICE EMPLOYMENT POSITIONS AS MORE FULLY SET OUT IN SAID CONTRACTS, SUBSTANTIAL COPIES OF WHICH ARE ATTACHED HERETO, MARKED EXHIBITS "A" AND "B" AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 14026: AUTHORIZING THE CITY MANAGER TO EXECUTE A TITLE IV COMPREHENSIVE EMPLOYMENT AND TRAINING ACT CONTRACT MODIFICATION EXTENDING THE CONTRACT DATE FROM NOVEMBER 16, 1977 TO SEPTEMBER 30, 1978 AND INCREASING THE TOTAL CONTRACT FROM $1,573,068 TO $5,283,631, ALL AS MORE FULLY SET FORTH IN THE CONTRACT MODIFICATION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS TO EXTEND THE AFORE- SAID CONTRACT TO SEPTEMBER 30, 1978; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye", :es Aar Council Meeting November 9, 1977 Page 13 ORDINANCE NO. 14027: AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT MODIFICATIONS AND RELATED DOCUMENTS WITH THE CORPUS CHRISTI INDEPENDENT,SCHOOL DISTRICT, FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT, WEST OSO INDEPENDENT SCHOOL DISTRICT, CALALLEN INDEPENDENT SCHOOL DISTRICT, TULOSO-MIDWAY INDEPENDENT SCHOOL DISTRICT, NUECES COUNTY COMMUNITY ACTION AGENCY, DEL MAR COLLEGE, LULAC EDUCATIONAL SERVICE CENTER, CORPUS CHRISTI STATE SCHOOL, MARCH OF DIMES, UNITED SERVICES ORGANIZATION, INC., AND HARBOR PLAYHOUSE TO EXTEND 142 PUBLIC SERVICE EMPLOYMENT POSITIONS UNDER TITLE VI OF THE COMPREHENSIVE EMPLOY- MENT AND TRAINING ACT OF 1973 THROUGH SEPTEMBER 30, 1978, AS MORE FULLY SET OUT IN SAID CONTRACTS, SUBSTANTIAL COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" THROUGH "L"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 14028: AMENDING ORDINANCE NO. 13666, PASSED AND APPROVED BY THE CITY COUNCIL ON MARCH 2, 1977, BY AMENDING SECTION 3 OF SAID ORDINANCE, SO AS TO CORRECT AND ADJUST THE ASSESSMENTS LEVIED AGAINST THE ABUTTING PROPERTY OWNERS ON THE FOLLOWING STREETS: HOUSTON STREET FROM CARROLL LANE TO KOSTORYZ AS HEREWITH PROVIDED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 14029: AMENDING ORDINANCE NO. 13822, PASSED AND APPROVED BY THE CITY COUNCIL ON JULY 6, 1977, BY AMENDING SECTION 3 OF SAID ORDINANCE, SO AS TO CORRECT AND ADJUST THE ASSESSMENTS LEVIED AGAINST THE ABUTTING PROPERTY OWNERS ON 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, AS HEREWITH PROVIDED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye", ORDINANCE NO. 14030: AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR A GRANT TO THE COASTAL BEND COUNCIL OF GOVERNMENTS FOR THE TITLE V MULTIPURPOSE SENIOR CENTERS PROVIDING FOR FUNDING IN THE AMOUNT OF $11,000 FOR THE PURPOSE OF ALTERATION OF LINDALE AND GREENWOOD SENIOR CENTERS, ALL AS IS MORE FULLY SET OUT IN THE APPLICATION, A SUBSTAN- TIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED CONTRACTS AND OTHER DOCUMENTS NECESSARY IN THE IMPLE- MENTATION OF THIS PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". RESOLUTION NO. 14031: AMENDING RESOLUTION NO. 13691, PASSED AND APPROVED BY THE CITY COUNCIL ON MARCH 2, 1977, SO AS TO DELETE ITEM 4, BALDWIN BOULEVARD, NAPLES STREET TO PORT AVENUE, FROM THE LIST OF STREETS TO BE INCLUDED IN THE URBAN SYSTEMS PROGRAM, AND IN LIEU THEREOF ADDING THE FOLLOWING STREETS: CARANCAHUA AND TANCAHUA, FROM INTERSTATE 37 TO MIDTOWN AND SOUTH STAPLES, FROM WEBER TO ANNAPOLIS, AND RENUMBERING THE LIST OF STREETS FROM 15 TO 16; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". Minutes Regular Council Meeting November 9, 1977 Page 14 ORDINANCE NO. 14032: AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI TO INSTI- TUTE ANNEXATION BY EXECUTION OF A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE LANTANA CORPORATION (FORMERLY GAS COMPRESSORS, INC.), A TRUE COPY OF WHICH IS ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN FOR ALL PURPOSES, INCLUD- ING EXHIBITS THERETO, AS THOUGH FULLY SET FORTH HEREIN, AFTER DUE NOTICE AND HEAR- ING, FOR THE ANNEXATION OF A TRACT OF LAND CONSISTING OF 8.173 ACRES, MORE OR LESS, OUT OF LOT 38, H. B. SHEPPARD FARM LOTS, A SUBDIVISION OF RECORD IN THE MAP RECORDS OF THE COUNTY CLERK OF NUECES COUNTY, AND BEING A PART OF STATE SURVEY 311, ABSTRACT 816, IN NUECES COUNTY, TEXAS, ALL AS IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS, AS HEREINAFTER SET FORTH; FINDING ALL OF SAID LANDS TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF TRE CITY OF CORPUS CHRISTI, ADJOINING, CONTI- GUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". In regard to the Resolution reaffirming the support of the Council of the deep water port at Harbor Island, Council Member Gulley requested that this Reso- lution be submitted to the Corps of Engineers as soon as possible. Mayor Luby called for comments or petitions from the audience. No one spoke. * * * * * * City Manager Townsend stated that he had a few matters to bring before the Council and informed the members that the Nueces River Authority will meet Thursday at 11:00 a.m., at which time the letter to the Bureau of Reclamation which the Council authorized last week will be presented and discussed. City Manager Townsend stated that a hearing on the Section 404 Permit request will be conducted at the Harbor Playhouse next Thursday, November 17, 1977. He urged as many Council Members as possible attend this meeting and assured the Council that he will provide them with copies of the hearing notices. Mr. Townsend further informed the Council that the City still has major problems in regard to obtaining a "404" permit for Choke Canyon. He informed the Council that National Marine Fisheries of the Department of Commerce is still opposed to the project and has requested that all sewage return flow be transported to Calallen so it can reenter the river near the Allison Plant. City Manager Townsend stated that the Gity contends that there has been a sub- stantial offsetting storm flow increase caused by growth in the area and that transporting the sewage is economically almost impossible. .nutes Regular Council Meeting November 9, 1977 Page 15 Mayor Luby asked City Manager Townsend to further explain this matter. City Manager Townsend stated that Corps of Engineers' regulations include a provision that states that whenever anyone wishes to dredge or fill in navi- gable waters, a permit must be obtained from the Corps, and before the permit is approved, it must be determined that the dredge or fill is in the public interest. He also stated that a Federal District Court has ruled that this regulation also applies to fresh water streams. Mr. Townsend further informed the Council that since the law has no guidelines, the Corps has established guidelines by issuing regulations, which include the necessity for a public hearing. City Manager Townsend stated that he and Mr. Douglas Matthews, Director of Public Utilities, might need to visit several Federal agencies in the near future to try to resolve the remaining questions. City Manager Townsend informed the Council that the Workmen's Compensation Board has a meeting Tuesday morning in Dallas at 8:00 a.m., and with the Council's approval, he would like to attend this meeting. Mr. Townsend stated that Board and Committee appointments will be on the agenda next week. City Manager Townsend presented to the Council copies of a memorandum explaining the ethnic distribution of center work force by salary levels of the Mental Health -Mental Retardation Community Center and a memorandum from Mr. Ezequiel P. Elizondo containing the characteristics of the participants in the Title VI CETA Program, which also listed the ethnic breakdown of those participating in this program. Mayor Luby announced that he plans to attend a CETA meeting in New Orleans next week and stated that he will be glad to take any information to the meeting that City Manager Townsend might care to send. City Manager Townsend stated that he will discuss this with the CETA administration staff to ascertain if there is anything they would like to request Mayor Luby to take. There being no further business to come before the Council, on motion by de Ases, seconded by Diaz and passed unanimously, the Regular Council Meeting was adjourned at 3:35 p.m. November 9, 1977.