HomeMy WebLinkAboutMinutes City Council - 05/03/1978PRESENT:
Mayor Gabe Lozano, Sr.
* Mayor Pro Tem Bob Gulley
Council Members:
**
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
MAY 3, 1978
2:00 P.M.
City Manager R. Marvin Townsend
Assistant City Attorney Bob Coffin
City Secretary Bill G. Read
Mayor Gabe Lozano, Sr. called the meeting to order in the Council Chamber
of City Hall.
The invocation was given by the Reverend W. P. Kensing of Christ Lutheran
Church.
City Secretary Bill G. Read called the roll of required Charter Officers
and stated that the necessary quorum was present to conduct a legally constituted
meeting.
Mayor Pro Tem Bob Gulley stated it had come to his attention that today
is City Secretary Bill Read's birthday and would like for everyone present to join
in and wish him a very happy birthday.
Mayor Lozano announced that the following proclamations were issued:
"LAW DAY USA" - May 4, 1978; "30th ANNIVERSARY OF ISRAEL INDEPENDENCE DAY" - May 7,
1978; "SMALL BUSINESS WEEK" - May 1 - May 6, 1978; "CINCO DE MAYO DAY" - May 5, 1978;
"MENTAL HEALTH MONTH" - May, 1978; and "SENIOR CITIZENS MONTH" - May, 1978.
Motion by Sample, seconded by Diaz and passed unanimously that the Minutes
of the Special Council Meeting of April 5, 1978 and April 12, 1978 and Regular Council
Meeting of April 12, 1978 be approved as presented.
Mayor Lozano next announced the following appointments to the Housing Authority:
Mr. Guadalupe Valdez; Mrs. Mary Hayes; and Mr. Orby G. Roots (Reappointment); all terms
ending 4-04-80. City Manager Townsend clarified that the Mayor nominated those
individuals during the morning Workshop Meeting, and that a confirmation by the
Council is not required as these are the Mayor's appointments. Mayor Lozano stated
that appointments scheduled to be made on five other boards had been postponed until
a full Council is present.
MICRO
FILMED 1980
Minutes
Regular Council Meeting
May 3, 1978
Page 2
Mayor Lozano announced the bid opening on the following Engineering project.
Reconstruction of the Doddridge Park parking lot. The lot was apparently
built on material that had been placed in the park at different times and
of different composition and density resulting in an unstable subgrade
causing it to slip and settle thus destroying the bicycle path and
parking lot. ,The work includes stabilizing the subgrade material, construction
of erosion control rip -rap and steps, and reconstruction of the bicycle
path and parking lot.
City Manager R. Marvin Townsend asked Mr. James K. Lontos, Director of
Engineering and Physical Development, to conduct the bid opening.
Mr. Lontos opened and read the following bids: B & B Builders, Corpus
Christi; and R. S. Black, Corpus Christi.
Mayor Lozano stated that the apparent low bidder on this project was
B & B Builders, and the bids will be tabled for 48 hours pursuant to the requirements
of the City Charter and referred to the staff for tabulation and recommendation.
Mayor Lozano announced the presentation by Mr. Fred C. Auforth, attorney
and local citizen who had filed five court complaints about the driving habits of
a local police officer, Linda Mc Elhaney. Mr. Auforth said that first of all, he
would like to salute our system of justice through law. He stated he would like to
inform the Council that he has practiced law for many years and has lived here in
Corpus Christi since 1969. Mr. Auforth further added he respects police officers;
believes the police department, not only here in Corpus Christi but all over the
country had done an outstanding job in protecting our properties; and that without
them, no one would be safe. He continued to say that the police department has done
a valuable service and that many times their thanks is small in proportion to the
sacrifice they are called on to make in behalf of the citizens of Corpus Christi.
Mr. Auforth informed the Council that he had been given a ticket for a traffic
violation lust recently and the police officer who gave him the ticket had not been
very polite. He maintains that although the police have been given the power of arrest,
power to enforce the law, and all of the necessary equipment in order to carry out
their duties, he still has the right to be treated with dignity.
Mr. Auforth further emphasized he was not here to complain about Officer
Mc Elhaney as he had already registered his complaint with the appropriate people
but that he had come before the Council to stand up for and as best he could to
protect the right of a citizen to file a complaint against a police officer. Mr. Aufortr
Minutes
Regular Council Meeting
May 3, 1978
Page 3
went on to say that he would like to suggest that the Council implement a citizen
control committee or citizen review committee naming the City of Berkely, California
with the only police control review board of its kind as'an example. He said such
a board would independently review complaints against officers by people who have been
harshly treated by the police and it will be out of the hands of the department.
Mr. Auforth stated that his complaint against the officer which is pending before the
police department's Internal Affairs Division had been taken subject to the Chief of
Police's command influence; therefore, he believes that a citizen's review committee
that is implemented without command influence to make these findings of fact openly
and public would be the answer.
- Mayor Lozano asked Mr. Auforth whether Berkely, California was the only
city with a citizens review committee and Mr. Auforth replied that his research
does not include the last three years and cannot say how many communities have it
now but does want to bring to their attention what is happening in Houston.
Mayor Lozano commented that he remembers having talked about such a committee
as many as four or five times since he has been serving on the Council, and each time
it was rejected. He suggests that perhaps the City should write to the City of
Berkely, California and ask for some ideas on the matter.
Mayor Pro Tem Gulley pointed out that Mr. Auforth had been given over 20
minutes to make his suggestions known to the Council, and that they would be considered.
Council Member Diaz expressed his views on the matter stating that the
Council should keep this suggestion in mind and give it some considerable thought.
He further stated that this is something the Council should resolve.
No further action was taken.
* * * * * * * * * * * * * * *
Mayor Lozano called for the City Manager's Reports. City Manager Townsend
presented the following items with related comments and explanation:
a. Recommendation that 600 ft. of replacement heavy duty irrigation hose
(4-1/8") be purchased from.Brisco-Maphis, Inc., Boulder, Colorado on
the basis of only bid received of $3,234. The hose will be used by
the Wastewater Services Division for subsurface injection of sludge.
Minutes
Regular Council Meeting
May 3, 1978
Page 4
b. Recommendation that replacement mowing equipment be purchased from the
following firms on the basis of low bid meeting specifications:
Watson Distributing Co. Inc., San Antonio
1 Five Unit Gang Tractor Mower with hydraulic $'9,391.00
travel lift for the Park Division
1 Seven Unit Reel Type Gang Mower for the Oso 3,289.00
Golf Course
1 10 ft. Fertilizer Spreader for the Oso Golf Course 999.00
Ayers Rental Tool Company, Corpus Christi _
2 60" Self -Propelled Rotary Mower for the $ 5,346.00
Park Division
1 22" Self Propelled Rotary Mower for the 398.25
Gas Division
Case Power & Equipment, Corpus Christi
1 16 h.p. 48' Belly Mounted Rotary Mower for
the Wastewater Services Division
E. L. Caldwell & Sons, Corpus Christi
1 5' Rotary Mower for the Street Division
1 6' Rotary Mower for the Park Division
$ 1,699.40
$ 793.60
891.18
$22,807.43
Bids were received from 6 firms. Price comparison reflects an
increase of 16.25% over previous purchases exclusive of trade in.
The apparent low bids submitted by Goldwaithes of Texas, Inc., San
Antonio, of $8,777 on the five unit gang tractor mower and by Watson
Distributing Company, Inc. of $4,684 on the two 60" self-propelled
rotary mowers and $299 on the 22" self-propelled rotary mower did not
meet various specifications.
c. Recommendation that the City Code be amended to allow members of the
Citizen's Advisory Health and Welfare Board to be reappointed. Currently,
the Code states that no member can be eligible for reappointment until
at least one year has elapsed since their last service on the Board.
d. Recommendation that the cooperation contract with the Texas Department
of Water Resources and the United States Geological Survey be renewed for a
stream -flow gauging station on the Nueces River at the Tilden crossing
west of Three Rivers. The station measures flows into Lake Corpus
Christi. Total cost from September 1, 1977 to August 31, 1978 will be
$5,670. The City's share is $2,325, the Texas Water Development Board's
$510, and the U.S. Geological Survey's $2,835. The City's cost for
1976-77 was $1,369.. This year's cost has been increased because of a
one-time rehabilitation ($2,090) of the existing timber ramps, catwalks,
and piling. The City's share is provided in• the 1977-78 Water Division
Budget.
e. Recommendation that Hearn Road Ditch Drainage & Sanitary Sewer Improve-
ment contract be awarded to Maverick Construction Company for $108,680.
The project includes the excavation and grading the ditch south of
I.H. 37 for approximately 1,000 feet and extension of an 18" sewer
known as Sewer 34-A, Section 4. The sewer will ultimately be extended
to the Five points area. The drainage portion includes construction of
a paved invert to carry the continous flow of water from the Lon Hill
Plant. Central Power & Light Company has agreed to pay the cost of this
invert. An appropriation of $120,000 is recommended for the contract
award, laboratory testing, engineering and related expenses.
•1 •
Minutes
Regular Council Meeting
May 3, 1978
Page 5
f.
g•
Recommendation that Kostoryz Road street improvements from Padre Island
Drive to Holly Road be accepted and the final assessment roll of
$134,838.01 for 32 items be adopted. The project has been completed
by the Department of Highways and Public Transportation under the
Urban Systems Program at a contract cost of $387,667.54.
Recommendation that an agreement be approved with First Savings
Association, developer of Overland Meadows Subdivision, Unit 2, for
oversizing a storm sewer line through the subdivision. The agreement
provides for payment of $11,381.71 representing the difference in
cost of constructing a 36" and a 24" line. The oversized line will
replace an existing ditch alongside the subdivision. The developer will
fill the ditch and divert natural drainage into the 36" storm sewer.
The subdivision is located South of Leopard Street and West of
McKenzie Road.
h. Recommendation that an agreement be authorized with Mr. Claud H.
Vaughan and Mr. Robert B. McLeaish for oversize and overdepth of a
15" sanitary sewer line along Highway 44 in connection with the
development of Lots 1 and 2, Airport Industrial Subdivision. The
developer will pay for the 8" line to serve the subdivision. The City's
participation ($5,729.91) will enable the line to be 10" and deeper
to serve approximately 65 additional acres along Highway 44. The
subdivision is located west of Gibson Lane.
i. Recommendation that the following architectural firms be engaged to
provide architectural services for projects approved in the 1977
bond election.
j•
1. Bennett, Martin & Solka for Northwest Branch Library. ($36,000)
2. Brock,Mabrey, & Partners -improvements to the Coliseum, including
reconstruction of restrooms, modifications to concession areas
and stage area and other minor work. ($15,000)
3. Christian Bright and Pennington -Multicultural Center in the
Bayfront Arts and Science Park. ($43,000)
4. Cotten & Landreth -Improvements and expansion of the Terminal
Building at the Airport. ($50,000)
5. Mr. Jesus A. Leija-Fire Training Building. ($8,000)
6. Mr. John Olsen -Cole Park Restroom and Corpus Christi Beach
Restroom, Bathhouse and Pavilion. ($20,000)
7. Mr. Needham Smyth for Wastewater and Park Maintenance Buildings
at the Service Center. ($43,000)
8. Turner, Rome & Boultinghouse-Expansion of the Police Building.
($38,000)
Recommendation that all of the utility easements contained within Lots
15 thru 30, Block 1, all of Blocks 2, 4, 5 & 6, Shelter Bay Resort
Estates recorded in Volume 41, Pages 15, 16, 17 & 18, map records,
Nueces County, Texas, be abandoned subject to the provision of replace-
ment easements by replatting. The utilities involved concur.
Minutes
Regular Council Meeting
May 3, 1978
Page 6
City Manager Marvin Townsend suggested that a very short closed meeting be
held at this time to discuss pending litigation.
Motion by Gulley that the Council go into closed session under the authority
granted under Article 6252-17 of V.A.C.S.; seconded by Juarez; and passed unanimously.
The Council went into closed session at 2:48 p.m.
* * * * * * * * * * * * * * *
Mayor Lozano reconvened the Regular Council Meeting at 3:12 p.m.
Mayor Lozano announced the public hearing scheduled for 3:00 p.m.
City Manager R. Marvin Townsend explained that the public hearing was on
the preliminary assessment roll on the Nueces Bay Boulevard, I.H. 37 to West Broadway
and Airport Road, Agnes Street to Morgan Avenue, street improvements. Mr. Townsend
stated that the project will be jointly funded by the Department of Highways and
Public Transportation and the City under the Urban Systems Program. City Manager
Townsend then asked Assistant City Attorney Bob Coffin to preside in establishing
testimony in connection with the project.
Assistant City Attorney Bob Coffin stated that the State law requires that
the amount of assessment for each property owner shall not exceed the value of the
enhancement received from the improvements. He called as his first witness Mr.
James K. Lontos, P.E., Director of Engineering and Physical Development, City of
Corpus Christi.
Attorney Coffin then asked that Mr. Lontos state his qualifications as a
City engineer and Mr. Lontos replied that he is a Civil Engineer registered with the
State of Texas and employed with the City for almost 20 years.
Mr. Lontos proceeded to explain the scope of the two projects involved.
He informed the Council that improvements consisted of excavation to a width and
depth necessary to provide a roadway varying in width from 40' to 52' on Nueces Bay
Boulevard, and a width of 60' on Airport Road, and that the roadway will be composed
of 6" compacted lime stabilized subgrade, 6" base material compacted and lime treated,
511" asphalt stabilized base, and 11" Type D asphaltic concrete. Other improvements
shall include 4" thick reinforced concrete driveways where'specified on the construc-
tion plans, or requested by the abutting property owners. Mr. Lontos added that the
State Department of Highways and Public Transportation will be the contracting agency
on b projects.
t
Minutes
Regular Council Meeting
May 3, 1978
Page 7
Mr. Lontos also stated that the amount of the assessments have been computed
according to the City ordinance pertaining to the levying of assessments and that
the maximum charge for residential property was computed at a rate of $4.75 per linear
foot for curb, gutter and pavement, $.75 per square foot for sidewalks, and $19.65
per square yard for driveways.
Mr. Lontos informed the audience that the low bidder on the project was
Asphalt Paving and Construction Company in the amount of $829,094.87. He mentioned
he had had several requests to change the width of the driveways and that this could
be made possible, subject to the requirements of the ordinance, if the property
owners so request it.
Council Member David Diaz asked if sidewalks would be constructed on the east
side of the street as well as on the west side. Mr. Lontos assured him that sidewalks
would be constructed on both sides of the street.
Assistant City Attorney Coffin asked for any questions from members of the
Council. There was no response.
Mr. John Westervelt representing Champlin Refining Company spoke at this
time requesting that the 55' width to their main entrance be maintained.
Assistant City Attorney Bob Coffin called as his next witness, Mr. W. J.
(Bill) Holly, Jr., a licensed Real Estate Broker in the State of Texas, and ascertained
that Mr. Holly is familiar with the area and had examined each and every piece of
property to be assessed in connection with this street project.
Mr. Holly testified that, in his opinion, each and every piece of property
will be enhanced at least in the amount of the proposed assessment. He did state,
however, that there are several odd -shaped lots (located mostly at street intersec-
tions), to be improved on which he recommends the following reductions in assessments.
1. Item No. 48: Property bounded by Airport Road (front) and an
alleyway on the North side - Recommended a reduction in the total
amount of $148.10.
2. Item No. 49: Property bounded by Airport Road and Baldwin Boulevard
Recommended a reduction in the total amount of $146.59.
3. Item No. 50: Property bounded by Airport Road and Baldwin Boulevard
Recommended a reduction in the total amount of $280.21.
4. Item No. 51: Property bounded by Airport Road and al alleyway on
the South - Recommended a reduction in the total amount of $80.78.
5. Item No. 60: Property bounded by Airport Road and Lou Street -
Recommended a reduction in the total amount of $604.92.
Minutes
Regular Council Meeting
May 3, 1978
Page 8
Mr. Holly also testified that a number of these properties are zoned higher
than the use of the property and that he is recommending that each piece of property
that is used as a residence be assessed as residential property at the lesser rate
if the property owners of these particular lots agree to have their property rezoned
"R -lb" One -family Dwelling District.
Mayor Lozano then called for anyone from the audience wishing to address
themselves to the Council on their assessments.
Norman Johnson, 1510 Palm Drive, stated that his property is now only worth
$1,700 at the most and does not understand why he would need sidewalks on both sides
of the street. He added that he had talked to other property owners who are also
opposed to sidewalks on the east side of the street. He further told the Council
that trees which were on his property had been ruined when the City used it to
turn their big trucks around and even stored them there. Mr. Johnson further inquired
as to why the assessed rate was so high since the project will be partially funded by
the State.
Council Member Sample explained to Mr. Johnson that the reason for the high
rate of assessment on his property was because it is business zoned and asked Mr.
Johnson if he would be willing to have his property rezoned to "R -lb".
City Manager Townsend then asked Mr. Johnson how he had arrived at the $1,700
figure on the property value he had just mentioned. Mr. Johnson replied that he was
offered that amount of money for that property which is now a vacant lot and in poor
condition.
City Manager Townsend suggested that Mr. Johnson discuss the matter about
the City ruining his trees with Mr. James K. Lontos, Director of Engineering and
Physical Development and said he felt pretty sure that a claim could be made on the
damage to his property.
Mr. Joe Cruz, 3032 John, also inquired as to why the high rate of assessment
on his property.
City Manager Townsend informed the Council that this area had been blanket
zoned to "A-1" or "A-2" when it was first established because of the wide mixture
of different residential uses. City Manager Townsend suggested that the Council have
the staff come back with some further recommendation on this.
Mit
Reguiar Council Meeting
May 3, 1978
Page. 9
Mr. Proctor L. Pulliam, 3040 Dempsey, addressed the Council in regard to
.the street improvement stating he'is'very much opposed to any improvements and does
not see that adding sidewalks could enhance the value of the properties along this
area. He said he would like to know where all these people that are advocating
sidewalks are -- why they are not at the meeting today.
City Manager Townsend informed the audience that the'purpose'of the public.
hearing is to determine if the assessment is fair to the public and property' owners
what part of the cost should be paid by the property owner; and should the Council`
see fit to change it. He added that probably the only people at this hearing are the
people that are being assessed.
Mr. Ashley Johnson, -representing his mother, Mrs. Clara N. Johnson, 344 Naples
Street, spoke in opposition to the sidewalks. He said that before his mother received
the assessment notice;,£hey had called the Engineering Department at City Hall to find
out how much the assessment would be and that someone in that office had quoted them
a figure of around $600. He stated they were later surprised when the notice was
received to find out that the total amount assessed on their property was $2,6¢9.44.
Council Member Sample stated that he shares the concern of the people and
that probably what the staff should try to do is go back and see whether or not these
assessments can be lowered without changing the zoning. -
Mr. Ashley Johnson questioned why anybody would want an apartment rezoned
near a refinery. He asked that the staff try to find out where the $600 figure was
quoted on his assessment since the figure on the notice received is a considerably
larger amount.
Mr. Proctor Pulliam spoke again pointing out that there is no way that
property along this area can be enhanced. He further stated that he has a 10 unit
apartment --4 cottages, .6 duplexes. He added that most of his tenants are on welfare
or working only for the miminum wage; and that one couple, in particular, were both
handicapped. Mr. Pulliam contended that if payment of the assessment was required
of him, he would be forced to raise the rent on his tenants and there is no way
these people could pay much higher rent as it would be a hardship on them. He
said there is no need for sidewalks as there is no pedestrian traffic.
Mr. Rudy Opperman, Regional Manager for Alamo Express, Inc. presented the
Council the views of the Alamo Express, Inc., why the proposed driveway, curbing,
Minutes - -
REgular Council Meeting.,-:,
May 3, 1978
Page 10
-I .
and sidewalks projection would present an unnecessary hardship on his
company. He stated that Alamo Express is not opposed to any assessments against
them that arise from the proposed improvements; however the company feels that any
diversion of their present assessibility to Nueces Bay Boulevard would be detrimental
to their total operation. Mr. Opperman explained that the only assessibility to the
rear parking lot is to the east of the terminal; their present assessibility to
Nueces Bay Boulevard is paved and runs the length of their front property line which
is in excess of 200 feet; and that their present situation allows them complete
maneuverability, without restriction, of their equipment both to and from Nueces Bay
Boulevard and also on their premises. He contended that any restriction that would
be levied against them,through the proposed project of putting in curbs and driveways
would certainly hamper their total operations considerably. Mr. Opperman also pointed
out that if their assessibility to their'docks and property is restricted'in any way
through the establishment of curbs and driveways, it would present a hardship to the
general public traversing Nueces Bay Boulevard because of the additional maneuvering
c
of their tractor trailer equipment to utilize the proposed driveway. In closing,
Mr. Opperman urged that the proposed curbing and driveway maximum be eliminated from
the proposal and allow them to continue the full utilization of their present
assessibility to Nueces Bay Boulevard.
City Manager Townsend brought the Council's attention to a draft copy of a
resolution signed by Judge Barnes passed on motion by the Commissioners Court which
was attached to Mr. Holly's report and passed out earlier.
Mr. Clifford Cosgrove, 3302 Olsen, questioned the need for a sidewalk on the
west side of Nueces Bay Boulevard since there is no pedestrian traffic along the
refineries and it would be placing them in a position where they would not have a
place to park.
City Manager Townsend informed Mr. Cosgrove that parallel parking is being
proposed in this area.
Mayor Lozano asked for any other members from the audience wishing to speak
in regard to the assessments. There was no response.
Motion by Holt that the hearing be closed; seconded by Sample, and passed
unanimously.
Minutes
Regular Council Meeting
May 3, 1978
Page 11
Motion by Diaz that the preliminary assessment roll on both the Nueces Bay
Boulevard, I.H. 37 to West Broadway and Airport Road, Agnes Street to Morgan Avenue
street improvement projects be tabled for, further study; seconded by Holt, and
passed unanimously.
There being no further business to come before the Council, the public
hearing was closed at 4:34 p.m., May 3, 1978.
* * * * * * * * * * * * * * *
Mayor Lozano called for the continuation of the presentation of the City
Manager's Reports. City Manager Townsend presented the following items with related
comments and explanations:
k. Recommendation that the City provide legal defense for City officers
and employees in suits arising from performance of their official
duties, and indemnify officers and employees from judgments against
them resulting from good faith acts within the scope of their authority
or employment.
1. Recommendation that a public hearing be held May 24, 1978 at 2:00 p.m.
during the Regular Council Meeting on an appeal by Bluebonnet Trans-
portation Company from the Taxicab Inspector's decision to deny two
additional taxicab permits. The permits were denied after the required
public hearing on March 27, 1978 and based on a study of the need for
additional taxicab service. Section 57-41 of the City Code provides the
right to appeal this decision to the City Council.
m. Recommendation that the request of Roan Real Estate Company, Inc.
for a revocable easement near the intersection of Agnes and Driscoll
Drive for the construction of a building inside the City's right-of-way
by approximately 1.83 feet be denied.
City Manager Townsend pointed out the area involved on the map under item
"m" and explained that this building has been down for sometime. He explained that
eventually, there will be a street improvement project on Driscoll Drive and that
even if the request is small, there is no valid reason for this. He added the entire
area is too congested and does not recommend to the Council that this encroachment be
allowed. He mentioned that a sidewalk would be constructed later and does not feel
that two extra feet can make that much difference to the company making the request;
therefore he is recommending denial.
City Manager Townsend announced that an addition to the Regular Council
Meeting had been posted as an emergency posting and would like to present it as a
recommendation to the City Manager's reports as item "n".
Minutes
Regular Council Meeting
May 3, 1978
Page 12
n. Recommendation that the City accept $7,513.50 in payment for sanitary sewer
improvements in Navigation Industrial Park Subdivision, Section Two. The
City has entered into two agreements with the developer of this subdivision
for improvements:
(1) On July 21, 1964 for $10,299 for storm sewer construction to be
paid when Section Two, Unit Two has been developed.
(2) On March 24, 1971 for $7,513.50 for sanitary sewer line.
Payment of the $7,513.50 was to be based upon development or within 5 years
from the date of completion of the sewer. This line was completed on
September 15, 1971 and payment is overdue. Although both agreements have
been filed for record, recent sales in Section Two have not recognized the
liens. Presently, two lots (Block 2, Lots 4 and 5) are pending sale. Prior
to such sale, both outstanding obligations need to be resolved. It is
recommended that the City accept the full amount of $7,513.50 for the sanitary
sewer improvements at this time and a letter from the owners acknowldging
that prior to the sale of any other lots in this division, except those
fronting on Navigation Boulevard, the $10,299 for storm sewer construction
will be paid.
City Manager Townsend would like to suggest to the Council to act on this
as quickly as possible as the 45 day waiting period on the signed contracts are
due today and the title company closes its office at 5:00 p.m.
Mayor Lozano entertained a motion under item "n" of the City Manager's
Reports. It was so moved by Council Member Holt, seconded by Juarez, and passed
unanimously.
Mayor Lozano called for discussion from the audience under the City Manager's
Reports.
Mr. Bert Haas, representing Roan Real Estate Co., Inc., spoke relative to
item "m". Mr. Haas presented the Council with their proposed layout of their plans
stating that the company will construct the building over an existing foundation
which is presently encroaching on the right-of-way. Mr. Haas assured the Council
that a larger encroachment adjacent to this building will be removed by the owner
within one year. He further stated that they would construct a screening fence and
meet the requirements of the City Code but they do not want to build the fence at
the same time as the building because a lot of trash, junk and debris would have to
be removed before the fence could be constructed.
Council Member Holt asked City Manager Townsend if it would be possible for
the City to give Mr. Haas a year to build the fence. City Manager responded that
Mr. Haas could be granted any kind of modification the Council so desires after a
hearing.
Minutes
Regular Council Meeting
May 3, 1978
Page 13
Further discussion followed on this but the Council indicated to go along
with the City Manager's recommendation.
Mr. A. C. Johnson, 7117 Southhaven, spoke relative to item 4k" stating that
he agreed with City Manager Townsend that the City should provide legal defense for
City officers and employees in suits arising from performance of their official
duties except when a city employee makes a mistake; has been advised that he is making
a mistake, and still chooses to do so.
City Manager Townsend assured Mr. Johnson that this would be made clear in
the ordinance.
There was no further discussion under the City Manager's Reports.
Motion by Diaz to accept the City Manager's Reports items "a" through "m";
seconded by Juarez and passed unanimously.
* Mayor Pro Tem Bob Gulley left at this time.
* * * * * * * * * * * * * * *
City Manager Townsend next presented the ordinances for Council approval and
gave a brief explanation of each. He provided the Council with copies of the draft
contract with the Corpus Christi Area Convention and Tourist Bureau showing proposed
changes.
Mayor Lozano asked for any questions on the ordinances from either the Council
or the audience.
James R. Bryce, 4610 Monette, spoke in opposition to the second reading of
an ordinance authorizing a five-year contract with the Corpus Christi Area Convention
and Tourist Bureau. Mr. Bryce presented the Mayor and members of the Council with
a memo citing his reasons for objecting to said contract. Mr. Bryce questioned the
entering into this contract a year before the existing contract expires; the City
funding $60,000 to the Tourist Bureau for expansion of their building; and for any
public tax money turned over to a privately owned organization for the private use
of that privately owned organization. In conclusion, Mr. Bryce thanked the Council
for giving him their time and said he knew he had not changed their minds on how
they planned to vote on the ordinance authorizing said contract; but that he hoped
that the Council would meditate upon their action at length.
City Manager Townsend saidwhe would like to clarify that the addition to
the Tourist Bureau will be a City facility financed by City funds and that the City
has no intention of transferring public funds over to any organization for private use.
Minutes
Regular Council Meeting
May 3, 1978
Page 14
Mayor Lozano said he has no qualms on this contract and will vote on
the passage of the ordinance.
Council Member Holt said he, too, is in favor of the contract because the
Tourist Bureau is more important now than it has ever been and will vote for passage
of the ordinance, also.
Mayor Lozano asked if there was anyone else wishing to speak on the matter.
Mr. Howard Stark, Member of the Executive Committee of the Tourist Bureau,
urged the Council to pass this reading of the ordinance to its third and final reading
and feels that Mr. Bryce is no stranger to the Council in that he has been dramatically
opposed to the Tourist Bureau.
** Council Member Sample left at this time.
Council Member Gill asked that City Manager Townsend explain why the word
"appropriate" under item B(1) of the proposed contract was deleted and the word "provide"
was substituted instead.
City Manager Townsend called on Mr. Bill Hennings, Director of Inspections
and Operations to explain this to Council Member Gill. Mr. Hennings informed
Council Member Gill that the word "provide" is just the language used on the present
budget.
There were no further comments from the Council or the audience on the
ordinances.
City Secretary Read polled the Council for theit votes, and the following
ordinances were approved as follows:
FIRST READING:
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS
AMENDED, BY AMENDING CHAPTER 39, PERSONNEL, ARTICLE I, IN GENERAL, BY
ADDING THERETO PROVISIONS FOR LEGAL DEFENSE OF CITY OFFICERS AND EMPLOYEES
IN SUITS ARISING FROM THEIR OFFICIAL DUTIES; FOR INDEMNIFICATION OF CITY
OFFICERS AND EMPLOYEES FROM CIVIL JUDGMENTS AGAINST THEM RESULTING FROM
THEIR GOOD FAITH ACTS WITHIN THE SCOPE OF THEIR AUTHORITY; FOR RESERVING
THE CITY'S DEFENSE OF GOVERNMENTAL IMMUNITY; FOR NOTICE TO THE CITY OF
SUCH SUITS AGAINST OFFICERS OR EMPLOYEES; FOR RESERVING POWER OF THE CITY
TO DISCIPLINE OFFICERS OR EMPLOYEES; AND FOR EXCLUDING FROM INDEMNIFI—
CATION SUITS IN BEHALF OF THE CITY AGAINST AN OFFICER OR EMPLOYEE BUT
PERMITTING LEGAL REPRESENTATION OF SUCH AN OFFICER OR EMPLOYEE.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Lozano, Diaz, Gill, Holt, Juarez voting
"Aye"; Gulley and Sample absent.
Minutes
Regular Council Meeting
May 3, 1978
Page 15
SECOND READING:
AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIVE-YEAR CONTRACT WITH THE CORPUS CHRISTI
AREA CONVENTION AND TOURIST BUREAU FOR TOURIST AND CONVENTION ADVERTISING AND PROMO-
TION, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO
AND MADE A PART HEREOF, MARKED EXHIBIT "A"; PROVIDING FOR SEVERABILITY.
The foregoing ordinance was read for the second time and passed to its third reading
by the following vote: Lozano, Diaz, Gill, Holt and Juarez voting "Aye"; Gulley and
Sample absent.
FIRST READING:
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED,
BY AMENDING ARTICLE VI, DEPARTMENT OF PUBLIC HEALTH: CITIZENS' ADVISORY HEALTH AND
WELFARE BOARD, SECTION 2-163, ENTITLED "CITIZENS" ADVISORY HEALTH AND WELFARE BOARD -
CREATED: COMPOSITION AND APPOINTMENT OF MEMBERS; RULES OF PROCEDURE; OFFICERS; TERMS
OF MEMBERS; FILLING VACANCIES." SO AS TO PERMIT REAPPOINTMENT OF MEMBERS TO THE SAID
BOARD.
The foregoing ordinance was read for the first time and passed to its second reading
by the following vote: Lozano, Diaz, Gill, Holt and Juarez voting "Aye"; Gulley and
Sample absent.
ORDINANCE NO. 14292:
AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE CONTRACT WITH THE TEXAS
DEPARTMENT OF WATER RESOURCES AND THE UNITED STATES GEOLOGICAL SURVEY FOR THE OPERATION
OF A STREAM FLOW GAUGING STATION AT THE TILDEN CROSSING ON THE NUECES RIVER WEST OF
THREE RIVERS, TEXAS, AT A COST OF $5,670, ALL AS MORE FULLY SET FORTH IN THE CONTRACT,
A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was approved by the
following vote: Lozano, Diaz, Gill, Holt and Juarez voting "Aye"; Gulley and Sample,
absent.
ORDINANCE NO. 14293:
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MAVERICK CONSTRUCTION COMPANY
FOR DRAINAGE AND SANITARY SEWER IMPROVEMENTS TO THE HEARN ROAD DITCH; APPROPRIATING
$120,000 AS FOLLOWS: $62,000 OUT OF THE NO. 295 STORM SEWER BOND FUND APPLICABLE
TO PROJECT NO. 295-70-70, HEARN ROAD DITCH, EROSION CONTROL AND $58,000 OUT OF THE
NO. 250 SANITARY SEWER BOND FUND APPLICABLE TO PROJECT NO. 250-77-12, BROOKHAVEN,
FIVE POINTS AREA SEWERS; OF WHICH APPROPRIATION $108,680 IS FOR CONSTRUCTION ($58,700
TO PROJECT NO. 295-70-70, AND $49,980 TO PROJECT NO. 250-77-12), AND $6,750 IS FOR
ENGINEERING FEES (250-77-12), AND $4,570 IS FOR CONTINGENCIES LABORATORY TESTING,
AND INCIDENTAL AND RELATED EXPENSES ($2,468 TO 295-70-70 AND $2,102 TO 250-77-12),
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Lozano, Diaz, Gill, Holt and Juarez voting "Aye"; Gulley and Sample absent.
ORDINANCE NO. 14294:
AMENDING ORDINANCE NO. 13815, PASSED AND APPROVED ON JULY 6, 1977, BY AMENDING SECTION
4 OF SAID ORDINANCE, SO AS TO CORRECT AND ADJUST THE ASSESSMENTS LEVIED AGAINST THE
ABUTTING PROPERTY 00WNERS ON THE FOLLOWING STREET: KOSTORYZ ROAD (M.H. 103) FROM
STATE HIGHWAY 358 (PADRE ISLAND DRIVE) TO HOLLY ROAD. AS HEREIN PROVIDED; AND
DECLARING AN EMERGENCY.
The Charter Rulew was suspended and the foregoing ordinance was approved by the
following vote: Lozano, Diaz, Gill, Holt and Juarez voting "Aye"; Gulley and Sample,
absent.
Minutes
Regular Council Meeting
May 3, 1978
Page 16
ORDINANCE NO. 14295
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FIRST SAVINGS ASSO-
CIATION OF CORPUS CHRISTI, DEVELOPER OF OVERLAND MEADOWS SUBDIVISION, UNIT 2,
WHEREBY THE DEVELOPER WILL CONSTRUCT AN OVERSIZED STORM SEWER AS SHOWN ON
EXHIBIT "A" IN LIEU OF THE MINIMUM SIZED STORM SEWER AS SHOWN ON EXHIBIT
"B", ATTACHED TO THE SAID AGREEMENT, AND THE CITY AGREES TO REIMBURSE THE
DEVELOPER IN THE AMOUNT OF $11,381.71 WHICH REPRESENTS THE EXCESS COSTS OF
OVERSIZING THE LINE, SAID REIMBURSEMENT TO BE MADE UPON COMPLETION AND ACCEPT-
ANCE OF THE IMPROVEMENTS BY THE CITY, 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; APPROPRIATING A TOTAL OF $11,381.71 OUT OF THE NO.
295 STORM SEWER BOND FUND, APPLICABLE TO PROJECT NO. 295-72-17, OVERLAND
MEADOWS STORM SEWER; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was approved by the
following vote: Lozano, Diaz, Gill, Holt and Juarez voting "Aye"; Gulley and
Sample absent.
ORDINANCE NO. 14296:
AUTHORIZING TRE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CLAUD H. VAUGHAN AND
ROBERT B. McLEAISH, DBA VM COMPANY, PROVIDING FOR CITY PARTICIPATION IN
OVERSIZE-OVERDEPTH CONSTRUCTION OF A SANITARY SEWER EXTENSION IN THE AIRPORT
INDUSTRIAL SUBDIVISION, AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF
WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROP-
PRIATING $5,729.91 OUT OF THE NO. 250 SANITARY SEWER BOND FUND FOR PAYMENT
TO THE DEVELOPERS, APPLICABLE TO PROJECT NO. 250-72-21, AIRPORT INDUSTRIAL
SUBDIVISION, OVERSIZE AND OVERDEPTH OF SEWER LINE; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was approved by the
follwoing vote: Lozano, Diaz, Gill, Holt and Juarez voting "Aye"; Gulley and
Sample absent.
ORDINANCE NO. 14297:
CLOSING AND ABANDONING ALL OF THE UTILITY EASEMENTS SITUATED WITHIN LOTS
15 THROUGH 30, BLOCK 1, AND ALL OF BLOCKS 2, 4, 5 AND 6, SHELTER BAY RESORT
ESTATES, RECORDED IN VOLUME 41, PAGES 15-18, MAP RECORDS OF NUECES COUNTY,
TEXAS, SUBJECT TO DEDICATION OF ALTERNATE EASEMENTS BY REPLATTING OF THE PROPERTY
BY THE OWNER; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was approved bythe following
vote: Lozano, Diaz, Gill, Holt and Juarez voting "Aye"; Gulley and Sample absent.
ORDINANCE NO. 14298:
AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT AMENDMENT REQUEST TO THE URBAN
MASS TRANSPORTATION ADMINISTRATION TO INCREASE THE NET PROJECT COST ON THE
1976 TRANSIT CAPITAL ASSISTANCE APPLICATION FROM $385,110 TO $665,060 AND THE
GRANT REQUEST FROM $308,088 TO $532,048; AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL DOCUMENTS NECESSARY TO OBTAIN THE AFORESAID GRANT; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was approved by the
following vote: Lozano, Diaz, Gill, Holt and Juarez voting "Aye"; Gulley and
Sample absent.
t
Minutes
Regular Council Meeting
May 3, 1978
Page 17
Mayor Lozano called for petitions or information from the audience on
matters not scheduled on the agenda.
Mr. Henry L. Martinez, 2117 Carolyn Drive, representing residents of the
Cabaniss Acres area which includes Joyce, Carolyn, and Frederick streets, presented
a petition containing 112 signatures requesting that their area be included in the
Neighborhood Improvement program.
City Manager Townsend reminded Mr. Martinez that the program that is being
prepared now will not go into effect until June 1, 1979. Mr. Townsend stated the
City would be happy to make a survey of the area to determine eligibility based on
income under the Community Development Block Grant program if Mr. Martinez would
file the petition with the City Secretary's Office.
Mrs. G. Bazan, 222 Claremore, said she would like to thank the Council for
the nice surprise they received last week. She said she has lived in the area in
back of Del Mar College between Norton and Ayers and the streets have been in great
need of repairs. She went on to say she had complained endlessly to the City but
had gotten no response. She stated she had already given up on the situation but was
amazed to find the City crew working on their street last week and thanks the Council
and everyone involved for it.
Mrs. Bazan also informed the Council she had another reason for being there --
to complain of an unusually high water bill she had received. Mrs. Bazan said she
usually consumes 3,000 to 5,000 gallons of water but this month, she had been charged
for 45,000 gallons of water. Mrs. Bazan stated that she had immediately contacted
someone at the Public Utilities Office and that a staff member of that office had
ascertained that no water leaks existed on her property. She said she did not mind
paying for water actually consumed but that there is no way she could have used
45,000 gallons of water.
City Manager Townsend assured Mrs. Bazan that someone would be contacting
Payher to correct the situation and that she just pay what she feels is owed by her
on the water bill consumption.
* * ** * * * * * * * * *
City Manager Townsend reminded the Council that the Council portraits will be
taken on Wednesday, May 17, 1978.
There being no further business to come before the Council, on motion by
Holt, seconded by Juarez, and passed unanimously, the Regular Council Meeting was
adjourned at 6:20 p.m., May 3, 1978.
I, GABE LOZANO, SR., Mayor of the City of Corpus Christi, Texas,
certify that the foregoing minutes, same being for the period of
May 3, 1978 through May 31, 1978, inclusive, and having been
previously approved by Council action, are by me hereby approved,
as itemized.
5/03/78 - Regular Meeting
5/10/78 - Regular Meeting
5/17/78 - Regular Meeting
5/17/78 - Special Meeting
5/24/78 - Regular Meeting
5/31/78 - Regular Meeting.
, Mayor
us Christi
ICROFIL..._
SEP 0 3 1980