HomeMy WebLinkAboutMinutes City Council - 02/14/1979PRESENT:
Mayor Gabe Lozano, 5r.
Mayor Pro Tem Bob Gulley
Council Members:
David Diaz
Ruth Gill
Tony Juarez, Jr.
Edward L. Sample
—
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
FEBRUARY 14, 1979
2:00 P. M.
City Manager R. Marvin Townsend
City Attorney J. Bruce Aycock
City Secretary Bill G. Read
Mayor Gabe Lozano, Sr. called the meeting to order in the Council Chambers
of City Hall.
The invocation was given by the Reverend Clint Harris of Wesley United
Methodist 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 Lozano announced the issuance of the following proclamations:
"NATIONAL ENGINEERS' WEEK" - February 18 thru 24, 1979; and "SERTOMA'S FREEDOM
WEEK" - the week of February 19, 1979.
Mayor Lozano announced the bid openings on two engineering projects as
follows:
(a) Construction of the Broadway Wastewater System Improvements Phase II -
Corpus Christi Beach Sewers. Plans include construction of three lift
stations, abandonment of a number of deep sewer lines, approximately one
mile of 8" pipe, 2,200 feet of 10" pipe, 850 feet of 12" pipe, 430 feet
of 15" pipe; and 7,000 feet of force main from 6" to 10". The project is
the second phase of improvements to the Broadway Wastewater Treatment
System. A grant of $715,650 has been received from EPA which represents
75% of the total cost.
Mr. James K. Lontos, Director of Engineering and Physical Development,
opened and read bids from the following firms: Garney Company, Kansas City, Mo.;
Heldenfels Brothers, Corpus Christi; Jalco, Inc., Houston; and W. T. Young, Corpus
Christi. Mr. Lontos verified that the required bid security checks and bid bonds
had been received from all construction companies.
Mayor Lozano stated that the apparent low bidder was Heldenfels Brothers
but that 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.
OROEILMED
Minutes
Regular Council Meeting
February 14, 1979
Page 2
(b) Installation of a 2,000 gallon fuel tank at the Police Building. This
project will provide the capability to operate the Police Emergency
Operation Center for 30 days on an emergency basis without refueling.
The project will be 50% reimbursable through a grant from the Texas
Department of Public Safety.
City Manager R. Marvin Townsend explained that the complexities of the
bidding process and the fact that there are very few companies that handle this
type of work has caused the City to not receive any bids. Mr. Townsend further
stated that the job is quite small and is just slightly above the amount that
requires formal bidding. He suggested that if the Council has no objections and
since E.O.C. does not require the formal bidding procedure, that the staff proceed
to negotiate with the two or three companies in the City that perform this kind
of work by the purchase of the tank and the authorization for the installation
through separate purchase orders. None of the Council Members indicated any
objection to this procedure.
Motion by Diaz that Council Member Joe Holt, who is out of the City, be
excused for just cause; seconded by Juarez; and passed unanimously.
Mayor Lozano announced the scheduled public hearing on the following
matter:
(a) Proposed exchange of park and school property with the Corpus Christi
Independent School District at Fannin and Travis Elementary Schools.
City Manager Townsend informed the Council that this public hearing is
required according to State law and that the School District involved must conduct
a separate public hearing on the same matter. Mr. Townsend located the existing
park land owned by the City near Travis School which now extends primarily along
Churchill Street. He then pointed out the area, which will be comparable to the
total acreage now contained in the park, which the school proposes to exchange.
City Manager Townsend explained that the park has not been developed yet, and this
exchange will enable the School District to construct the new school building pro-
perly. He noted that this park is Broadmoor Park and the City staff has no objec-
tion to this exchange of land.
City Manager Townsend then located Edgewood Park, which is located at the
rear of Fannin Elementary School, and explained that the proposed new school con-
struction will require that a strip of this park land will be crossed with a
Minutes
Regular Council Meeting
February 14, 1979
Page 3
driveway to be used by the school. Mr. Townsend assured the Council that the City
will have exactly the same amount of land at both locations if this exchange is
approved and explained that this will just enable the School District to more
easily plan their construction at both sites.
Mayor Lozano ascertained that no one in the audience desired to speak
in regard to this matter.
Council Member Gill inquired about the method used to send notices to
those involved.
City Manager Townsend replied that notices were not required, but the
4
proper notices.were published in the newspaper.
Motion by Diaz that the hearing be closed, seconded by Sample, and passed
unanimously.
Motion by Diaz that the requested exchange of park land be approved,
seconded by Juarez, and passed unanimously.
* * * * * * * * * * * *
Mayor Lozano announced the public hearing on the following matter:
(b) Cohtractual annexation of approximately 8 acres at the intersection of
McKenzie Road and the north frontage road of IH 37. The property owner
has requested contractual annexation.
City Manager Townsend located the area proposed for annexation on the
map and stated that the property owner has requested that this be annexed by
contract. Mr. Townsend Informed the Council that the zoning case on this appli-
cation will be forthcoming to prezone the property prior to formal annexation,
if Council approves the annexation.
No one spoke in regard to this public hearing.
Motion by Diaz that the hearing be closed, seconded by Sample, and passed
unanimously.
I
Motion by Gulley that the contractual annexation of the subject property
be approved, seconded by Diaz and passed unanimously.
* * * * * * * * * * * *
Mayor Lozano called for the City Manager's Reports. City Manager Townsend
presented the following items with related comments and explanation and recommended
that:
Minutes
Regular Council Meeting
February 14, 1979
Page 4
a. A contract for repair of the baggage claim conveyor at International
Airport be awarded to TEXAS MATERIAL HANDLING, INC., San Antonio, on
the basis of low bid of $5,688.50. Bids were received from two firms.
Repairs include replacement of worn rollers and plates.
b. Tax roll adjustments for 8/1/78 through 10/31/78 be approved as follows:
City of Corpus Christi
1978 Levy Prior Years
Tax Levies 8/1/78 $18,774,493 $1,738,659
Recommended changes 8/1/78 thru
10/31/78 (21,881) (10,116)
Tax Levies 10/31/78 $18,752,612 $1,728,543
The decrease in the 1978 levy consists of a net decrease of $11,072 in
real property and $10,179 in personal property levies. Significant real
property adjustments include decreases of $16,037 for 189 homestead
exemptions,$148 for 11 disabled veteran exemptions and increases of $254
for 4 properties whose homestead exemptions were no longer valid, $5,458 on
one property due to an appraisal error and $672 for three properties
supplemented to the roll. Personal property adjustments included an
increase of $1,066 for 25 properties supplemented to the roll and decreases
of $2,156 for 10 properties when records were presented and $8,278 for 4
properties which were double assessed.
c. The house at 3034 Ocean Drive be leased to Mr. William J. Kabboord for $380
per month. Bids were received from 7 individuals and ranged from $250 to
$380. The previous rent was $275 per month.
d. A contract with Dr. M. Dee Koch, Psychologist be approved to implement
the Police Administration Psychological Assistance Grant portion of the
1978-1979 Mini -Grant Award of the Governor's Criminal Justice Division.
The contract contemplates $22,640 of psychological services, including
counseling trainees and those being disciplined, providing family counseling,
and carrying out certain testing activities with the services being billed
at $16.88 per hour.
e. A $5,000 contract be approved with the Texas Jazz Festival Society for the
Society to provide a jazz festival, high school stage band competition and
clinics, all free to the public, during July, 1979. The $5,000 is included
in the Tourist and Convention Fund budget.
f. Getty Oil Co. be granted a permit to drill a 9,600 ft. Corpus Christi Bay
well with a "regular" surface location in State Tract 422 and a bottomhole
location in State Tract 445 under the fairway of the Intracoastal Waterway.
• The proposed surface location is 200 ft. outside of the Intracoastal Fairway
and 11,000 ft. south of Port Ingleside. No exceptions to the Bay Drilling
Ordinance are requested.
g. An agreement be approved with the State Department of Highways and Public
Transportation for a multiple use agreement for areas on the John F. Kennedy
causeway where baitstands are located. Ten of the twelve baitstand leases
are located within the right-of-way of Park Road 22. The Highway Department
has indicated that a multiple use agreement is required for these areas.
r
Minutes
Regular Council Meeting
February 14, 1979
Page 5
h. An agreement be approved with the School Land Board to renew the lease for
areas on the John F. Kennedy Causeway where baitstands are located. The
existing lease is for five years, and expires October 24, 1979. The proposed
lease would be 20 years or for as long as the School Land Board will approve.
City Manager Townsend explained that Items "g" and "h" are connected with
the bait stand leases; a multiple use agreement with the State Department of High-
ways and Public Transportation is recommended for areas on the John F. Kennedy
causeway; and the longer lease for the same area with the School Land Board is recom-
mended in order that the City will be able to recommend improvements for the area
involved. He pointed out that such improvements as a lift station, rest rooms, etc.,
are needed for this area.
i. A letter of agreement between Bonner McLane Advertising, Inc. of Corpus
Christi and the Corpus Christi Industrial Commission be approved. Bonner
McLane Advertising was selected by the Corpus Christi Industrial Commission
to handle the 1978-79 advertising budget. The agreement provides for the
usual 15% agency commission. The advertising budget for 1978-79 is $75,000.
The Industrial Development activity ($169,111) is supported by the Navigation
District ($40,000) and the Chamber of Commerce ($25,000 plus office and
support).
J•
Recommendation of the Industrial Commission that Creative Concepts Company
(Mr. Joe M. Hill) be employed to prepare a six -minute film at a cost of
approximately $4,800 be approved. This film will replace the ten-minute
film produced In 1974 which is now out-of-date.
k. Equipment for Data Processing be purchased from the following firms:
MOORE BUSINESS FORMS, Corpus Christi
Lot I - Item 1 Detacher/Imprinter $ 7,158
With optional Autoset 784
$ 7,942
Item 2 Inter -Stacker 3,174
TOTAL Lot I $11,116
MILLER BUSINESS FORMS, Corpus Christi
Lot II - Item 1 Decollator
Total Lot II
GRAND TOTAL
$ 534
$ 534
$11,650
Bids were received from four firms on the decollator. Only one: bid was
received on Lot 1. A price comparison on the detacher/imprinter to one
purchased in 1971 indicates an increase of 48%. A price comparison on
the decollator to one purchased in 1972 indicates an increase of 17%. The
detacher/imprinter and decollator will replace existing seven year-old units
used to process payroll checks and tax statements. The inter -stacker will
be used to sort utility bills by zip code.
Minutes
Regular Council Meeting
February 14, 1979
Page 6
1. The contract for construction of improvements to the Oso Wastewater Treatment
Plant be awarded to Permian Construction Company and Republic Mechanical, a
Joint Venture, for $7,411,000, subject to Environmental Protection Agency
approval, and $7,550,000 be appropriated including related expenses. The
project will enlarge the east half of the plant to increase treatment capacity.
Improvements include rehabilitation and enlargement of one half of the mixing
tanks, reaeration tanks, clarifiers and chlorine contact chambers and
construction of pre -thickeners, aerobic digesters, post thickeners, a new
office and laboratory building, and two new blower buildings. In addition,
the project includes purchase of aeration and clarifier equipment to be
installed when the next contract for plant work is let. The project will
be funded by a 75% grant approved by the Environmental Protection Agency
and 25% by local funds.
m. A public hearing be held at 2:00 p.m. during the Regular Council Meeting on
February 28, 1979 on the contractual annexation of Lot 1, Blk. 7, Delta Acres
Subdivision located south of Saratoga Boulevard between Old Brownsville Road
and County Road No. 37.
n. The Bid opening date on four 30-35 passenger transit coaches be changed from
March 7 to March 21, 1979 at the request of the two prospective bidders.
o. The Washington -Coles Area Street Improvement project, Phase I be awarded to
APCCO for $504,235.15. The award will cover the water lines ($98,236.75) and
paving ($405,998.40). This is a 3rd Year Community Development project. Bids
were received on January 24, 1979. Streets included are:
Sam Rankin Street from Martin Luther King Drive to West Broadway;
Winnebago Street from Sam Rankin to Brownlee and from North Staples
to I.H. 37 Frontage Road;
Lake Street from Sam Rankin to T. C. Ayers Park;
Ramirez Street from North Alameda to Waco;
Waco Street from Winnebago to Martin Luther King Drive.
The award is recommended prior to the assessment hearing so work can commence
on the water lines ahead of the paving. The assessment hearing is scheduled
for February 21, 1979.
p. An ordinance be passed to continue the 1% City Sales Tax on electricity and
gas sales to residential users within the City. House Bill 1, passed by
the Second Called Session of the Last Legislature, exempted gas and electricity
used for residential purposes from the local 1% tax as of October 1, 1979 unless
the local governing body passes an ordinance by May 1, 1979 to continue the 1%
tax. The 4% state tax on residential use terminated October 1, 1978.
Mayor Lozano called for comments or questions from the Council on the City
Manager's Reports.
Council Member Gill referred to Item "d" which pertains to the implementa-
tion of the Police Administration Psychological Assistance Grant and inquired if an
evaluation of this service will be made by the Police Department and the psychologist.
City Manager Townsend stated that the Police supervisors will discuss this,
and a report will be provided the Council.
M,. Utes
Regular Council Meeting
February 14, 1979
Page 7
Council Member Gill referred to Item "g" concerning the multiple use
agreement with the State Department of Highways and Public Transportation and
asked about the reason for the multiple use agreement.
City Manager Townsend explained that the State Department of Highways
and Public Transportation must approve any lease that the City recommends, but
this agreement will allow the local Engineer to approve the agreements rather
than requiring that they be approved at the State level.
Council Member Diaz referred to Item "e", in regard to the Texas Jazz
Festival Society contract, and inquired if funds for this organization were pre-
viously authorized.
City Manager Townsend replied that the funds were appropriated in this
year's budget.
Mayor Pro Tem Gulley stated that although this is a budgeted item, all
budgeted items have to be appropriated. He then expressed his opposition to the
grant because this financing is not a proper use of taxpayers' money.
Council Member Diaz expressed the opinion that the proper time to dis-
continue the funding is during the time the budget is being discussed and adopted.
City Manager Townsend explained that the money has already been appropriated,
but if the contract is not approved, the organization will not be funded.
Council Member Juarez noted that just because funds have been appropriated
does not mean that they must be spent.
Council Member Sample mentioned that there is a basic difference between
this request and the request made by LULAC for funds for the production of "Siempre
en Domingo" in that this was included in the budget at the time the budget was pre-
pared. Mr. Sample also pointed out that the people involved in the Jazz Festival
are dependent upon these funds; they have probably already made commitments that
involve this funding; and this is not the time to deny them the use of the funds.
He suggested that if the Council desires to discontinue this funding, the time to
do it is when the budget is considered for the next fiscal year.
Mayor Pro Tem Gulley pointed out that he has voted against this funding
every time it has been considered.
Mayor Lozano called for comments from the audience on the City Manager's
Reports. There was no response.
Minutes
Regular Council Meeting
February 14, 1979
Page 8
Mayor Pro Tem Gulley stated that he would like to speak in regard to Item
"p" which pertains to the continuation of the 1% City Sales Tax on electricity and
gas sales to residential users within the City. Mr. Gulley expressed strong opposi-
tion to this continued sales tax, pointing out that this is an opportunity for the
City to return this sales tax to the people.
Council Member Diaz expressed the opinion that returning this sales tax to
the citizens would provide very little relief for the taxpayers. He suggested that
to really effect a meaningful tax relief, then the homestead exemption should be
increased from $13,500 to $18,000.
There were no further comments in regard to the City Manager's Reports.
Motion by Juarez that the City Manager's Reports, Items "a" thru "p," be
approved; seconded by Diaz; and passed by the following vote: Lozano, Diaz, Gill,
Juarez and Sample voting "Aye" on all of the items; Gulley voting "Aye" on all of
the items with the exception of Items "e" and "p", on which he voted "No."
Mayor Lozano called for the ordinances. City Manager Townsend briefly
explained the ordinances. Mr. Townsend stated that he would like to withdraw the
ordinance listed as "d" which pertains to the Gault Aviation, Inc. lease because
there are some changes which the lessee has requested which must be discussed by
the staff and the Council at a later date.
Mayor Lozano called for comments from the Council on the ordinances.
Council Member Diaz referred to the ordinance authorizing the Gault
Aviation, Inc. lease and pointed out that this is a commercial contract which
provides funds for the City. He urged that the differences be resolved as soon
as possible so that the contract would be in effect.
City Manager Townsend assured the Council that the staff is available to
discuss the matter with the lessee at any time and are more than willing to work
with Mr. Gault.
Council Member Gill referred to the ordinances listed as "g" and "h" which
concern the multiple use agreement with the State Department of Highways and Public
Transportation and the lease agreement with the School Land Board. She suggested
that since the contracts are not ready yet and they will not be needed for several
M i.._,.es
Regular Council Meeting
February 14, 1979
Page 9
months, that the ordinances be withdrawn and the items just be approved as a part of
the City Manager's Reports. Mrs. Gill noted that the contracts could be considered
at a later date.
City Manager Townsend assured the Council that Mr. Bill Hennings, Director
of Inspections and Operations, has a copy of a basic contract; the contracts may be
ready during the moratorium; and it would be necessary for the City Manager to have
the authority to sign the multiple use agreements. Mr. Townsend also explained that
if there are any changes, further approval will be requested of the Council at a'
later date.
Mayor Lozano called for comments or questions from members of the audience
on the ordinances.
Ms. Helen Wilk, 260 Cape Aron, spoke in opposition to the ordinance grant-
ing a lease with the Corpus Christi Cultural Council for the erection of a statue
in the bayfront. Ms. Wilk stated that from the first time this matter was discussed,
she has felt that the statue was unconstitutional and illegal and that the Attorney
General's opinion was not proper. Ms. Wilk expressed the opinion that placing this
statue on public land is in violation of the laws concerning the separation of
church and state.
Ms. Wilk continued by stating that the proponents of the statue claim
that the statue will be representative of this City, but she questioned this con-
tention because the statue will certainly not represent her nor will it represent
many other citizens of the City of Corpus Christi. She noted that the public land
on which it will be located belongs to the entire City, of which she is a resident
and a taxpayer. Ms. Wilk stated that she has talked to many people who are opposed
to this protect and pointed out that no matter what the statue is called, there is
no doubt that the statue has religious significance, as was referred to many times
during the public hearing held previously.
Speaking in favor of the same ordinance was Mr. Bennie Benavides, 2421
Cleo, who stated that he was speaking as founder of the Mexican -American Association.
Mr. Benavides presented to the City Secretary a petition, containing 171 signatures,
expressing approval of the leasing of public property for the erection of the statue.
There being no further discussion on the ordinances, City Secretary Read
polled the Council for their votes, and the following ordinances were approved:
Minutes
Regular Council Meeting
February 14, 1979
Page 10
FIRST READING:
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH THE CORPUS CHRISTI CULTURAL COUNCIL
FOR FIVE YEARS, LEASING A SITE ON SUNFISH ISLAND FOR INSTALLATION AND MAINTENANCE OF
A BRONZE STATUE COMMEMORATING THE NAME AND FOUNDING OF CORPUS CHRISTI, AS MORE FULLY
SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND
MADE A PART HEREOF, MARKED EXHIBIT "A".
The foregoing ordinance was read for the first time and passed to its second reading
by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting "Aye";
Holt, "absent".
FIRST READING:
CONTINUING IN EFFECT THE CITY SALES TAX ON ONE PERCENT (1%) OF THE SALES PRICE OF GAS
AND ELECTRICITY FOR RESIDENTIAL USE OR, IN THE CASE OF LEASES OR RENTALS, OF THE LEASE
OR RENTAL PRICE, ON THE SALE, PRODUCTION, DISTRIBUTION, LEASE OR RENTAL OF, AND THE
USE, STORAGE OR OTHER CONSUMPTION OF GAS AND ELECTRICITY FOR RESIDENTIAL USE WITHIN
THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING AN EFFECTIVE DATE.
The foregoing ordinance was read for the first time and passed to its second reading
by the following vote: Lozano, Diaz, Gill, Juarez and Sample voting "Aye"; Gulley,
"Nay"; Holt, "absent".
THIRD READING - ORDINANCE NO. 14764:
AMENDING ARTICLE III SCHEDULES, SECTION 53-250 SCHEDULE I - ONE WAY STREETS AND ALLEYS,
SUBSECTION (a-1) BY ADDING THERETO ONE-WAY PROVISION FOR TRAFFIC MOVEMENT FOR ROCKFORD
DRIVE, FROM DARCEY DRIVE TO CLIFF MAUS DRIVE; PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the third time and passed finally by the following
vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample voting "Aye"; Holt, "absent".
ORDINANCE NO. 14765:
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE TEXAS JAll FESTIVAL
SOCIETY FOR PRESENTATION OF A FREE JAZZ FESTIVAL, A STAGE BAND COMPETITION AND FREE
BAND CLINICS ON JULY 7 AND JULY 8, 1979, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT,
A SUBSTANTIAL 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 passed by the following
vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample voting "Aye"; Holt, "absent".
ORDINANCE NO. 14766:
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH DR. M. D. KOCH, PSYCHOLOGIST,
FOR PSYCHOLOGICAL SERVICES IN REGARD TO THE POLICE ADMINISTRATION PSYCHOLOGICAL
ASSISTANCE GRANT, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL 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 passed by the following
vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample voting "Aye"; Holt, "absent".
ORDINANCE NO. 14767:
AUTHORIZING THE CITY MANAGER TO EXECUTE A MULTIPLE USE AGREEMENT WITH THE STATE
DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE DEVELOPMENT AND OPERATION
OF AN AREA FOR RECREATION, PARKING AND OTHER PUBLIC PURPOSES, SAID AREA BEING WITHIN
THE RIGHT OF WAY OF PARK ROAD 22 ON THE JOHN F. KENNEDY MEMORIAL CAUSEWAY, ALL AS
MORE FULLY SET FORTH IN THE SAID AGREEMENT, A SUBSTANTIAL COPY OF WHICH I5 ATTACHED
HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the following
vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample voting, "Aye"; Holt, "absent".
Minutes
Regular Council Meeting
February 14, 1979
Page 11
ORDINANCE NO. 14768:
AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH THE SCHOOL LAND BOARD
IN CONNECTION WITH LEASING OF LAND FOR PUBLIC RECREATIONAL USES ON COASTAL PUBLIC LANDS,
AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL 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 passed by the following
vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample voting, "Aye"; Holt, "absent".
ORDINANCE NO. 14769:
AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF AGREEMENT WITH BONNER MC LANE
ADVERTISING, INC. OF CORPUS CHRISTI FOR INDUSTRIAL DEVELOPMENT ADVERTISING; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the following
vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample voting, "Aye"; Holt, "absent".
ORDINANCE NO. 14770:
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH PERMIAN CONSTRUCTION COMPANY
AND REPUBLIC MECHANICAL CORPORATION, A JOINT VENTURE, FOR CONSTRUCTION OF IMPROVEMENTS
TO AND ENLARGEMENT OF THE EAST HALF OF THE OSO WASTEWATER TREATMENT PLANT (PHASE 1,
CONTRACT 4) EPA #C-48-1214-03, SUBJECT TO APPROVAL AND CONCURRENCE FROM THE ENVIRONMENTAL
PROTECTION AGENCY; APPROPRIATING $7,550,000 OUT OF THE NO. 250 SANITARY SEWER BOND
FUND, OF WHICH $7,411,000 IS FOR THE CONSTRUCTION CONTRACT AND $139,000 IS FOR LEGAL
ADVERTISING, PRINTING, AND CONTINGENCY EXPENSES, APPLICABLE TO PROJECT NO. 250-77-4
OSO PLANT IMPROVEMENTS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the following
vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample voting, "Aye"; Holt, "absent".
ORDINANCE NO. 14771:
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ASPHALT PAVING & CONSTRUCTION
COMPANY (APCCO) FOR CONSTRUCTION OF THE WASHINGTON-COLES AREA STREET AND WATER IMPROVE-
MENTS PROJECT, PHASE 1; APPROPRIATING $530,000 OF WHICH $102,290.40 IS OUT OF THE
NO. 220 STREET BOND FUND AND $427,079.60 IS OUT OF THE NO. 162 FEDERAL/STATES GRANTS
FUND, ACTIVITY 4736, CODE 502, THIRD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT, $504,235.15
BEING FOR THE CONSTRUCTION CONTRACT AND $25,764.85 BEING FOR ADDITIONAL ENGINEERING,
LABORATORY TESTING, INCIDENTAL AND RELATED EXPENSES APPLICABLE TO PROJECT NO. 220-77-2.4,
WASHINGTON-COLES AREA STREET AND WATER IMPROVEMENTS, PHASE 1; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the following
vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample voting, "Aye"; Holt, "absent".
* * * * * * * * * * * *
Mayor Lozano called for petitions or information from the audience on
matters not scheduled on the agenda.
There was no response, and Mayor Lozano declared a recess at 3:00 p.m.
Following the Spacial Councll Meeting, Mayor Lozano reconvened the Regular
Council Meeting at 5:00 p.m.
Mayor Pro Tem Gulley inquired about the Firefighters' petition that reportedly
is being circulated calling for a referendum. Mr. Gulley specifically asked about the
Minutes
Regular Council Meeting
February 14, 1979
Page 12
difference between a referendum and an election.
City Manager Townsend replied that a referendum and an election are synon-
omous in that they are both binding. In a further reference to the petition being
circulated by the firefighters, Mr. Townsend stated that the staff is not sure just
what they are requesting through the petition.
Mayor Pro Tem Gulley stated that apparently it is a petition to amend
the Charter.
Mayor Lozano referred to the fact that Just about4anybody can request the
calling of an election, which is very unfortunate in view of the fact that elections
cost the City, and subsequently taxpayers, so much money.
City Manager Townsend informed the Council that there is a bill before the
legislature to allow the cost of frivolous lawsuits to be charged to the party who
brings the lawsuit against cities and pointed out that such legislation should
eliminate some of the unnecessary lawsuits. He stated that the legislation does
not address itself to elections though.
Mayor Lozano again called for petitions or information from the audience
on matters not scheduled on the agenda.
Mr. Joe Mooney, 535 Lynn Street, addressed the Council in regard to paint-
ing addresses on curbs. He explained that he and Mr. Joe W. Stacey have been in
the process of painting white squares on curbs adjacent to driveways in residential
areas of the City with the intention of calling on the property owner later to place
the house numbers on the the painted area, if they desire. Mr. Mooney stated that
they do not have an established fee for this work but only request voluntary donations.
He pointed out that this type of house numbering assists emergency vehicles in locat-
ing addresses. He stated that he and his partner had Just been made aware that a
permit from the City Secretary is required for this type of operation and that he
had been unable to obtain such a permit because their method of operation was not in
compliance with the ordinance pertaining to this.
City Manager Townsend informed the Council that there is an ordinance in the
Code that specifies the proper procedures to be followed by people painting numbers
on curbs. `He stated that the ordinance sets forth the type of paint to be used, the
amount to be charged and the permission of the individual property owner must be
obtained before anything is painted on the curb.
s
Minutes
Regular Council Meeting
February 14, 1979
Page 13
Mr. Mooney then stated that if the Council will approve the method by which
he and Mr. Stacey are painting numbers on curbs, he will assure them that they will
wash off the white squares at any residence owned by a property owner who does not
desire to have the number painted on the curb.
City Secretary Read explained to the Council that Mr. Mooney and Mr. Stacey
have been in his office to request a permit for this type of operation and were told
that such a permit could not be issued unless their method of operation is in com-
pliance with the Code of Ordinances pertaining to the painting of numbers on curbs.
Mayor Lozano inquired as to why they could not obtain the property owners'
permission before painting the curbs.
Mr. Mooney stated that they sometimes have difficulty obtaining the owner's
permission unless a portion of the work, such as painting the squares, has not
already been accomplished.
Discussion followed, and several of the Council Members Informed Mr. Mooney
and Mr. Stacey that they felt that the ordinance concerning this matter is in order
and should be complied with.
There being no further business to come before the Council, on motion by
Gulley, seconded by Sample, and passed unanimously, the Regular Council Meeting was
adjourned at 5:32 p.m., February 14, 1979.