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HomeMy WebLinkAboutMinutes City Council - 02/21/1979PRESENT: 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 FEBRUARY 21, 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 Reverend Duane W. Bazil of the Woodlawn Presbyterian Church gave the invocation. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally consti- tuted meeting. Motion by Holt, seconded by Diaz, and passed unanimously, that the minutes of the Regular Council Meetings of January 10, January 24 and January 31, 1979, and the Special Meeting of January 10, 1979, be approved as presented. Mayor Lozano announced that a proclamation designating February 17 thru 24, 1979 as "BROTHERHOOD WEEK" had been presented in his office prior to the meeting. tat. *t t. t. * * * tt Mayor Lozano announced that a presentation would be made by representa- tives of the Women's Shelter. Ms. Margaret Knodell, President of the Board of the Women's Shelter, introduced Mrs. Sue Dyke, Director of the Women's Shelter, and Mrs. Joy Yates, who was instrumental in the establishment of the shelter. Mrs. Knodell stated that the purpose of hererpr'esentation was to request the continuation of the City / :F its; funding for this program'. ',She reminded'the Council that the City and the County each designated funds in the amount of $12,000 for the operation of the shelter. Mrs. Knodell stated that this represented 45% of their funding with the remainder provided by private funds and a grant of $15,000. She explained that the shelter offers a very worthwhile service for the community by providing temporary shelter pp p 4 l:iiiii MFILMED Minutes Regular Council Meeting February 21, 1979 Page 2 for women and children who are the victims of abuse. Ms. Knodell further informed the Council that clients are referred to other services for continued assistance after the women have been provided with emergency shelter at their facility. She also pointed out that the shelter provides assistance for the police in many domes- tic type of problems that they encounter. Ms. Knodell summarized by stating that while she realizes that their budget year does not coincide with that of the City's, they would like to request that the Council allocate funds for the remainder of the City's current fiscal year in the amount of $1,000 per month so that they may continue their operation. Council Member Gill inquired if they had included the $1,000 per month pre- viously provided by the City in their budget for the current year. Ms. Knodell then presented the Council with copies of the Shelter's budget and replied that the same funding as was included last year is in this year's budget. Council Member Gill requested that the Council be provided with evaluations from the various agencies with whom the shelter deals so that a determination may be made by the Council as to how much other agencies depend upon the Women's Shelter for assistance and whether or not it is cost effective. Ms. Knodell assured Mrs. Gill that this information will be provided for the Council. She further informed the Council that the shelter opened on January 16, 1978, and since that time they have had a full complement of temporary residents almost all of the time. Ms. Knodell also stated that they operate a telephone service 24 hours a day to provide advice for battered wives. Mayor Lozano announced bid openings on the following purchasing items: a. Two 37 -passenger buses to replace two 1967 35 -passenger buses. The buses are included in the 1976 Capital Assistance Grant from the Urban Mass Transportation Administration. The Federal government will pay 80%, the State 13%, and the City 7%. The local portion will be from the Transit Bond Fund. Bids were also scheduled to be received today on an additional bus equipped with a wheelchair lift for use in transporting the elderly and handicapped. However, it is recommended that the bid opening on this bus be postponed until March 28, 1979. The specifications for the wheelchair lift must be modified because the lift called for is only available on larger size buses. City Manager Townsend requested that the bid opening on the bus equipped with a wheelchair lift be postponed until March 28, 1979 for the reasons listed above and stated that a motion to that effect would be in order if the Council agrees. Mi Regular Council Meeting February 21, 1979 Page 3 Motion by Gulley that the bid opening on the specially equipped bus for the elderly and handicapped be postponed until March 28, 1979; seconded by Diaz; and passed unanimously. Mr. T. M. Jarvis, City Purchasing Agent, opened the only bid received on the two 37 -passenger buses from GMC Truck and Coach Division. Mayor Lozano stated that the bid will be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the staff for recommendation. Council Member Holt inquired as to why the City plans the purchase of , 37 -passenger buses when they are too large for the number of passengers who use the buses. City Manager Townsend replied that this size bus is needed during peak hours. Mayor Lozano announced the bid opening on four engineering projects. b. Construction of sidewalks along Bear Lane and Old Brownsville Road from the Casa de Manana Apartments to the West Oso High School and the John F. Kennedy Elementary School. This is a fourth-year Community Development project. Mr. James K. Lontos, Director of Engineering and Physical Development, opened and read bids from the following companies: B E B Builders, Maverick Construction Company, APCCO and E. J. Netek, all of Corpus Christi. He verified that the proper bid security checks had been submitted with all bids. Mayor Lozano stated that the apparent low bidder was E. J. Netek 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. c. Installation of sanitary sewer improvements on Leopard Street immediately west of Corn Products Road. This 1977 Bond Program project will provide sanitary sewer service to a portion of the developed commercial areas on Highway 9 immediately west of Corn Products Road. A lift station, force main, and gravity line system is proposed. Mr. Lontos opened bids on this project from the following construction firms: Maverick Construction Company, Abacus Corporation, APCCO and Claude Chapman Construction Company, Inc., all of Corpus Christi. He informed the Council that the required bid security checks had been submitted with all bids. Mayor Lozano stated that the apparent low bid was that submitted by Claude Chapman Construction Company, Inc. but that the bid will be Minutes Regular Council Meeting February 21, 1979 Page 4 tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the staff for tabulation and recommendation. d. Concourse security renovations at the International Airport. The project involves removing the existing rail and fence along the south side of the concourse and replacing it with a structure with the upper half being glass and the lower half expanded aluminum grating. Mr. Lontos then opened bids on this project from the following companies, stating that the required bid security checks had been submitted: Anco Sales, PPG Industries and Thurman-Fondren Company, all of Corpus Christi. Mayor Lozano noted that the apparent low bidder was PPG Industries but stated 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. e. Rehabilitation of the McArdle Sewer Line. The project involves slip lining the existing 42" concrete sewer with a thick wall polyethylene pipe, rehabili- tating manholes along the route and inserting grout to fill voids between the outside of the polyethylene pipe and the inside of the concrete pipe. This first phase includes from Prince to Holmes. Completion will allow the street to be repaved as approved in the 1972 Bond Program. Mr. Lontos opened btds on this last project from the following companies: Channel Construction, Channelview, Texas; McCullough & Associates, Murfreesboro, Tennessee; Penetryn Systems, Inc., Knoxville, Tennessee; and John G. Holland and Shur -Flo, Inc., dba Slipliners, Houston, Texas. Mr. Lontos verified that all of these companies had submitted the proper bid security checks and bid bonds. Mayor Lozano stated that the apparent low bidder was John G. Holland and Shur -Flo, Inc., dba Slipliners, 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. Mayor Lozano called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanations and recommended that: a. A replacement fork lift be"purchased from APPLIED POWER EQUIPMENT COMPANY, Corpus Christi, on the basis of low bid of $14,548.50 for the Coliseum. Bids were received from six firms. Price comparison shows an increase of 60% since 1972. The unit being replaced has been in use for more than 25 years. Replacement parts are no longer available. b. A one-year contract for automotive air conditioning repairs for City vehicles be awarded to JOE'S AUTO ELECTRIC, Corpus Christi on the basis of best bid of 35% discount on parts, $1.25 per pound for refrigerant gas, and $14 per hour labor. This bid represents a 27% increase in the hourly labor rate and a 5% increase in the discount on parts. The estimated amount of the contract is $18,000. The best bid was determined by pricing sample work orders. Bids were received from 5 firms. *i' Mi.. .as Regular Council Meeting February 21, 1979 Page 5 c. Parcel 2 of the International Airport Land Acquisition Project be acquired from Ms. Kathryn Ocker - et al for $183,697 of which $182,647 is for acqui- sition and $1,050 for closing costs. The approved value only included acquisition of 57.746 acres. The owners have agreed to sell their entire acreage on the east side of Bockholt Road, containing 135.294 acres, at the approved per acre value. The additional acreage is eligible for Federal participation. No additional appropriation is needed. This property is located east of Bockholt Road between McGloin Road and State Highway 44. d. Ordinances be passed calling an election for Mayor and six Council Members on April 7, 1979 and providing for notice of the election. e. Sun Gas Co. be granted a permit to drill a well in Corpus Christi Bay State Tract 423. The proposed well number 11 is to be drilled as a straight hole to a depth of 12,500 ft. from a location 9,000 ft. south of Port Ingleside and 3,000 ft. east of the Intracoastal Canal fairway. No exceptions to the Bay Drilling Ordinance are requested. f. Contracts be approved with Thomas Y. Pickett and Company, Inc. of Dallas, Texas for the appraisal of oil and gas properties and certain industrial properties in the City of Corpus Christi and the Corpus Christi Independent School District for tax assessment purposes as follows: Oil and gas properties $11,500 (increase of $500 over last year) Refineries and Industrial 8,500 (increase of $1,000 over last year) TOTAL ---- 20,000 g. A contract be executed with Nueces County for continuation of the elderly program outside the city limits. The contract sets forth a budget of $63,401 and provides for continuation of services to the elderly such as transportation, outreach, referral, information, recreation, and related services from March 1, 1979, through February 29, 1980. No City funds are involved. h. A resolution be passed urging the Texas Department of Highways and Public Transportation and the School Land Board to grant to the City the maximum term of lease for the land along the Padre Island Drive Causeway at the Intercoastal and Humble Channels so that adequate improvements can be constructed thereon to serve fishermen and tourists from throughout the State and nation who are presently using inadequate and unsanitary facilities. i. A license agreement with the Federal Aviation Administration be approved to permit FAA to install and maintain a visual approach slope indicator adjacent to the main runway at the Airport. The contract for construction of Corpus Christi Beach Sewers and Lift Stations be awarded to Heldenfels Brothers, Inc. for $899,718.50, subject to Environmental Protection Agency approval, and $920,000 be appropriated, including related expenses. The contractor will construct three lift stations and approximately 21 miles of force and gravity mains. The lift stations, all of which are submersible, will be located on Coastal Street, in the Surfside Park area and on Hayes Street. The project will be funded by a 75% grant approved by the Environmental Protection Agency and 25% from the 1972 bond election. A small portion of the project, totaling $8,600 will not be eligible for Federal assistance. This includes abandonment of existing manholes and demolition of existing lift station. J• Minutes Regular Council Meeting February 21, 1979 Page 6 k. Maintenance work needed at the spillway at Wesley Seale Dam be completed as soon as possible with city forces and with expenditures as needed. Because of the need to keep the spillway out of use during the repairs, an operating emergency exists and thus it is recommended that the usual bidding requirements be waived. 1. An agreement to contract,a one-year lease and a five-year lease for the Johnny Rodriguez Life Enrichment Center for a site at Greenwood Park for a recreation center for the handicapped be approved. The center would pay no rent but would be fully responsible for all project costs except ground maintenance. In connection with this item, City Manager Townsend presented to the Council copies of the bylaws of the Johnny Rodriguez Life Enrichment Center and explained that two documents are being prepared for the one-year lease -- one will carry out the intent of the previous resolution by providing an agreement to contract and the other will be a lease agreement to be executed after completion of construction of the center. He explained that these documents may be approved by an ordinance passed on an emergency basis. Mr. Townsend also stated that the first reading of an ordinance for a lease with a longer term is on the agenda. Mayor Lozano called for questions or comments from the Council on the City Manager's reports. Mayor Pro Tem Gulley inquired if the ground maintenance to be provided by the City includes the parking lots. City Manager Townsend replied that this has not been discussed, but it would seem practical for the City to maintain the facilities outside the building, which would include the parking lot since it would basically be a part of the park. In regard to this same matter, Council Member Holt inquired if the site plan includes elevations, and City Manager Townsend stated that the completed plans, which will have to include these, will have to be approved by the City. Council Member Holt referred to Item "h" which recommends approval of a resolution urging that the Texas Department of Highways and Public Transportation and the School Land Board grant the City the maximum term of lease for the land along the Padre Island Drive Causeway at the Intercoastal and Humble Channels and suggested that a specific length of time be requested, such as 25 years. Mayor Lozano called for comments from the audience on the City Manager's reports. Mr. Don Cox, President of the Lower Nueces River Water Authority, expressed Regular Council Meeting February 21, 1979 Page 7 appreciation to the City staff and crews for the diligence with which they have operated the Wesley Seale Dam. There were no further comments in regard to the City Manager's reports. Motion by Diaz that the City Manager's Reports, Items "a" thru "1," be approved as presented; seconded by Sample; and passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt and Sample voting "Aye" on all of the items; Juarez voting "Aye" on all of the items with the exception of Item "1" on which he abstained because of a conflict of interest. * * * * * * * * * * * Mayor Lozano announced consideration of the following tabled matter: Proposed revisions to milk inspection and related fees. On October 4, 1978, this item was tabled until February because representatives of the milk industry said they would be supporting legislation to transfer inspection responsibilities to the State where appropriate and with standard state wide fees. City Manager Townsend suggested that this matter be tabled for an addi- tional week, and the Council agreed. Mayor Lozano announced the public hearing scheduled for 3:00 p.m. on the following matter: Preliminary assessment roll in connection with the Port Avenue Street and Sanitary Sewer Improvements from the Crosstown Expressway to Ayers Street. The roll includes 39 items and totals $200,111.28. This project is funded jointly by the State, Federal Government and City under the Urban Systems Program. The low bid was submitted by Heldenfels Brothers for $1,211,279.46. The Federal and State portion is $772,529.46 and the City's, including assessments, is $438,750. City Manager Townsend stated that the purpose of this hearing is to determine whether or not the assessments that have been proposed are appropriate and proper and if the property involved will be enhanced at least in the amount of the assess- ment to be levied. He explained that City Attorney J. Bruce Aycock will conduct the hearing and that testimony will be offered by Mr. James K. Lontos, P.E., Director of Engineering and Physical Development, on behalf of the City and by Mr. William J. Holly, the City's independent appraiser. City Attorney Aycock called as his first witness Mr. James K. Lontos, ques- tioned him in regard to his qualifications to offer testimony on behalf of the City, and ascertained that Mr. Lontos is a qualified professional engineer, registered in Minutes Regular Council Meeting February 21, 1979 Page 8 the State of Texas, that he has been employed by the City of Corpus Christi in his present position for over five years, and that he is familiar with the project under discussion. Mr. Aycock then requested that Mr. Lontos explain the Port Avenue Pro- ject, from State Highway 286 to Ayers Street. Mr. Lontos stated that this project is being constructed jointly by the City and the State Department of Highways and Public Transportation under the Urban Systems Program. He explained that the improvements will consist of excava- tion to a widtli and depth to provide a roadway of 72' 10" and 77', measured from the back of the curb, with a 6" compacted lime -stabilized subgrade, a 6" flexible base, a 54" asphalt stabilized base and 14" hot -mix asphaltic concrete. He further stated that standard 4" thick reinforced sidewalks and 6" thick reinforced concrete driveways will be constructed as a part of the project. Mr. Lontos also explained that driveways will also be constructed as a part of the project as requested and as required to serve the property abutting the street; storm sewer extensions will be made to provide drainage to the property as well as the street itself; and the project includes the construction of a sanitary sewer line. Mr. Lontos continued by stating that the State Department of Highways and Public Transportation has awarded a contract to Heldenfels Brothers, Inc., in the amount of $1,211,279.46, of which amount, $772,529.46 is the Federal/State share, $438,750.00 is the City share, and the total of the preliminary assessments is $199,706.32. Mr. Lontos explained that the preliminary assessment roll indicates that the unit prices, calculated in accordance with the City's policy, are $53.92 per linear foot for curb, gutter and pavement; $10.81 per square foot for sidewalks; $2.54 per square foot for driveways; and $5.86 per linear foot for header curb. He pointed out though that the City's maximum charge for such improvements to the property owner is $14.25 per linear foot for curb, gutter and pavement, and $.75 per square foot for sidewalks. City Manager Townsend pointed out to the Council that the assessment roll includes three parcels owned by the City, totaling approximately $21,000 and that the City's actual cost will be increased by that amount and the assessments reduced by the same figure. Mr. Lontos stated that the staff has reviewed the reductions recommended on four parcels by Mr. Holly and the staff does agree to these recommended reductions. Mint Regular Council Meeting February 21, 1979 Page 9 In a further explanation of the project, Mr. Lontos informed the Council that the project will require eight to nine months for completion, and the assess- ments will not be due until the project is completed. He stated that the property owners may pay their total assessments in one payment following completion of the project, or they may pay their assessments in monthly installments for up to 60 months, or in hardship cases, up to 120 months, both at an interest rate of 5a%. Council Member Gill referred to the header curbs and inquired if these are included in the project as a convenience for the businesses located along the street. Mr. Lontos replied that there is one parking lot that does not have a curb between the street and the lot, and the header curb is needed to prevent vehicles from driving over the sidewalk. Council Member Gill indicated that she understood that this was the responsibility of the property owner. Mr. Lontos agreed but pointed out that this is a part of the contract, and the property owner will be charged for the header curbs. City Attorney Aycock called as his next witness Mr. William J. Holly, licensed real estate broker in the State of Texas. Through questioning of the witness, Mr. Aycock determined that Mr. Holly has been in the real estate business for 25 years and that he is experienced as a real estate appraiser. Mr. Holly stated that he is familiar with each and every parcel included in this street improvement project. He testified that with the exception of four parcels of land which he will explain later, in his opinion, each and every parcel of land assessed as a part of this project will be enhanced in value at least in the amount of the assessment. Mr. Holly continued his presentation by explaining that this project includes four odd -shaped (mostly triangular) lots on which he has recommended a reduction. He stated that because of the odd shapes of the lots listed below, he has recommended reductions as listed: Recommended Reduction Item No. 8 - Henry Martinez (K-9 Drive Inn) $728.48 Item No. 13 - Diamond Shamrock Corp. $420.73 Item No. 17 - George Taylor (Chacalera's Lounge) $875.82 Item No. 28 - Sunglo Service Station, Inc. $1,016.06 Minutes Regular Council Meeting February 21, 1979 Page 10 Mr. Lontos located these four parcels on the map and reiterated that the staff agreed that these reductions were in order. Mayor Lozano thanked Mr. Holly for his testimony and called on the property owners who are affected to speak at this time. Mr. J. K. Bader, 4001 S. Port, spoke in regard to Item No. 29 on the assess- ment roll. Mr. Bader explained that some time ago when he desired to install a driveway in front of his property, the City would not allow him to do so unless he paid for the installation of storm sewer pipe for a distance of 500 feet. He stated that the cost of this pipe to him was $4,000, and he inquired if a refund would be made to him for this charge since the City now plans to install drainage pipe. Mr. Lontos stated that the area there does have a storm sewer but indicated that he was not aware of the circumstances connected with the driveway and the drainage pipe but explained that the pipe was probably installed approximately 15 years ago. He informed Mr. Bader that when this pipe is removed, the contractor would probably be glad to give him the pipe if it can be used again. Council Member Holt inquired of Mr. Bader as to whether or not he felt that his property would be enhanced by the approximate $8,000, and Mr. Bader stated that it probably would over the next few years. City Manager Townsend explained that the fact that Mr. Bader was requested to place continuous pipe because of the driveway he wanted to install is not an • unusual requirement by the City, and ordinarily, the City does not give a credit for such pipe. Mr. Bader also indicated that he might like to install an additional drive- way, and Mr. Townsend suggested that he discuss this with the Engineering staff. Speaking in regard to Item 6 was Mr. Harvey J. Underwood, 3922 South Port. Mr. Underwood questioned why he has to have header curbs adjacent to his property, because there is no parking lot in front of his property. Mr. Lontos explained that the opening to his property from the street is much greater than the usual size of a driveway. Mr. Underwood emphasized that he does not want the header curb. City Manager Townsend explained that if he plans to change the arrangement in the front of his building so that no parking is there, then the header curb would not have to be installed. • Minu. Regular Council Meeting February 21, 1979 Page 11 Mr. Underwood informed the Council that he has 50 feet on one side of the building and 60 feet on the other side of the building and that he will not have parking in the front of his business. City Manager Townsend assured Mr. Underwood that he would not have to have a header curb if he does not want parking in the front of his building. Mr. George M. Dillon stated that he is very happy to see Port Avenue improved but noted that he had also installed drainage pipe adjacent to his property and requested that if this pipe is removed, he would like to have the pipe for ano- ther location. Mr. Lontos explained that this would be up to the contractor on the project but that normally the contractor has not been very successful in removing pipe intact, but possibly an effort could be made to try to recover the pipe. City Manager Townsend also pointed out that this needs to be coordinated with the State since it is their contract. He assured Mr. Dillon that he would be contacted in regard to this matter. Speaking in regard to Item 25 was Mr. T. A. Howell, owner of T. A. Howell Lumber Company, inquired if the driveway at his place of business could be so arranged that some parking could be retained in front of his building. Mr. Lontos pointed out that one of the buildings at this location extends almost to the front building line. Mr. Howell indicated that the map might be in error because he stated that their buildings are set back 20 feet from where the curb and gutter are located. Mr. Lontos assured Mr. Howell that the plans will be checked to see if there is more space than that shown. Mr. Howell then inquired if these things can be adjusted to the best use of the owners, and Mr. Lontos replied that changes can be made before the curbs are laid. Mr. Bill Pockrus, representing National Service Industries, a company that leases property which is listed on the assessment roll as Item 20, stated that his company does not desire to have the driveways that are planned for that property. Mr. Lontos assured Mr. Pockrus that the driveways can be eliminated from the plans. No one else spoke in regard to these preliminary assessments. Minutes Regular Council Meeting February 21, 1979 Page 12 Motion by Diaz that the hearing be closed, seconded by Holt and passed unanimously. City Manager Townsend stated that the staff recommendation, based upon the testimony and comments included in this public hearing, will be presented for Council action next week. Mayor Lozano called for the ordinances. City Manager Townsend referred to Ordinance "a" concerning the second read- ing of`he ordinance authorizing the execution of a lease with the Corpus Christi Cultural Council of a site on Sunfish Island for the installation and maintenance of a bronze statue and reminded the Council that there are several changes to be made in the ordinance prior to its second reading. He presented the Council with copies of the proposed motion to amend. Motion by Diaz, seconded by Sample and passed unanimously, that the ordinance read on the first of three readings on February 14, 1979, authorizing the City Manager to execute a lease with the Corpus Christi Cultural Council for a term of five years, leasing a site on Sunfish Island for installation and maintenance of a bronze statue, be amended prior to the second reading of said ordinance as follows: 1. Amend the caption of the ordinance to provide that the statue will symbolize the name and location of the City of Corpus Christi, said amended cap- tion to hereafter read as follows: "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 SYMBO- LIZING THE NAME AND LOCATION OF THE CITY 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'." 2. Amend the first paragraph of the preamble to provide that the bronze sculptured statue will be entitled "Corpus Christi"; that one of the purposes of the said statue will be for "symbolizing the name and location of the City of Corpus Christi on Corpus Christi Bay" rather than "to commemorate the discovery and naming of Corpus Christi Bay and indirectly the founding and naming of the City of Corpus Christi." 3. Amend Section 1 of the ordinance to refer to the map attached to said ordinance as the "map as attached to Exhibit 'A'", and setting forth the purpose of "symbolizing the name and location of the City of Corpus Christi on Corpus Christi Bay." 4. Remove from the Lease Agreement the designation of "DRAFT." 5. Insert the name of the Corpus Christi Cultural Council in the intro- ductory paragraph of the Lease Agreement as "Second Party" to the said Lease Agreement. 6. Amend the first paragraph of the preamble to the Lease Agreement to provide that the bronze sculptured statue will be entitled "Corpus Christi" and that one of the purposes for the statue is for "symbolizing the name and location of the City of Corpus Christi on Corpus Christi Bay." Mini. Regular Council Meeting February 21, 1979 Page 13 7. Identify in Paragraph 1 of the Lease Agreement the location of the bronze sculptured statue as follows: "Sunfish Island Being an irregularly shaped island in Corpus Christi Bay created by dredge spoil from the Port Aransas -Corpus Christi Waterway, located approximately 1100 feet east of the Bay Front Protection Seawall and between the easterly projection of the centerline of Brewster Street, and lying within the boundaries of the area patented to the City of Corpus Christi by the State of Texas by Patent No. 86, Volume 21-A, Script File No. 1913, dated January 4, 1924." Substitute the sketch prepared by the Department of Engineering and Physical Development for the original map showing the several proposed locations; said sketch being 2-21-79. 8. Amend Paragraph II of the Lease Agreement to provide that "the demised premises shall be used solely to erect and maintain a statue to symbolize the name and location of the City of Corpus Christi on Corpus Christi Bay." 9. Insert in Paragraph III of the Lease Agreement the word and figure "five (5) years" as the term of the lease. Delete the second sentence, "Second Party shall have an option to renew for an additional ( ) year term." 10. Amend the figure in Paragraph IV, subsection (a) of the Lease Agree- ment to provide for payment of $50 upon the execution of this agreement. 11. Amend the wording in Paragraph IV, subsections (c) and (d), of the Lease Agreement to provide the purpose of the statue is to symbolize the name and location of the City of Corpus Christi on Corpus Christi Bay." 12. Provide on the signature page of the Lease Agreement the name of "Corpus Christi Cultural Council." City Manager Townsend continued with an explanation of the other ordinances. Mayor Lozano called for comments or questions from the Council on the ordi- nances. Council Member Diaz referred to the ordinance to be read on first reading in regard to the Johnny Rodriguez Life Enrichment Center and inquired if the by- laws of the organization provided authority for them to enter into such a lease. A representative of the Johnny Rodriguez Life Enrichment Center presented the Council with copies of their prospectus, which included the by-laws. Mr. Ed Low, Director, explained the planned operation of the Center and those who would qualify for service by the Center. Mr. Low expressed his appre- ciation to the City for their cooperation in this matter. Mayor Lozano called for comments or questions from members of the audience on the ordinances. Mr. Harold Alberts, Attorney, addressed the Council in regard to Ordinance "a" and read written remarks pertaining to the matter and expressing opposition to Minutes Regular Council Meeting February 21, 1979 Page 14 passage of this ordinance. Mr. Alberts pointed out to the Council that this is the first Council to consider the propriety of allowing the erection of a statue of Christ in Corpus Christi Bay, expressing the opinion that this is the repudiation of the American ideal. Mr. Alberts stated that he felt that the Council is being very deceitful in calling the statue a commemoration of the name of the City of Corpus Christi, rather than a status of Christ. Me objected to the agreement to lease a choice location in Corpus Christi Bay without knowing anything about the corporation which was just recently formed for the purpose of arranging for the installation of a. statue to be sculpted by an amateur artist. Mr. Alberts contended that the publication, as required by the City Charter on leases, in the legal notices of the newspaper on Monday, February 19, was ille- gal since it did not specify the price for the lease. Mr. Alberts summarized his presentation by stating that he had no objection to such a statue being located on private property; he suggested that alternative monuments be considered; and he objected to the planned installation of a plaque disclaiming that the statue has any religious significance, since, in his opinion, it obviously does. Mr. Alberts also pointed out that the Council, in approving a lease for the erection of the statue of Christ, is giving preference to a particular religion. He also questioned the statement by the City Attorney during the discussion last week that the City Charter can be circumvented insofar as the prohibition of this type of structure in the Bay, as listed in the City Charter. City Attorney Aycock objected to Mr. Alberts' remarks and denied that he had ever given any advice to the Council, either verbally or written, in regard to circumventing the City Charter. Mr. Aycock also questioned Mr. Alberts' contention that the legal notice of the first reading of this ordinance was improper, since the notice, although it was brief, did state that the full text of the ordinance was on file in the Office of the City Secretary for the public to inspect. Mr. Aycock pointed out that the notice states basically the terms of the five-year lease; it gives the site location; and states that the lease is for the maintenance and installation of the statue; the rental of the site was for a nominal amount as listed in the first version of the lease, which was strictly a draft. MinuL Regular Council Meeting February 21, 1979 Page 15 City Attorney Aycock then questioned why Mr. Alberts was questioning every- thing about this matter at this time and pointed out that he had ample opportunity to submit a brief in writing to the Attorney General prior to the time the Attorney General handed down his opinion. City Manager Townsend stated that if there is concern about the adequacy of the notification of the first reading of the ordinance, the proper procedure would be to re -read the ordinance on the first reading and publish it again. He expressed the opinion that possibly better public notice could be provided since the ordinance has now been amended. Council Member Holt referred to the statement by Mr. Alberts to the effect that the Council is showing preference to some particular religious group by approv- ing this lease. Mr. Holt stated that he did not agree with that allegation but pointed out that if some other religious group asked for a similar site for installa- tion of some type of statue and were turned down by the Council, then this might constitute preference of a particular religion, but until the Council actually refused a similar request from some other religious group, then he did not feel they were showing preference. Council Member Holt also stated that he could look at this matter and not see any particular religious significance, and he does not feel that this approval is an endorsement of a particular religion. Mr. Alberts expressed the opinion that preference is being given to this group because the Council is approving a lease of prime property in the Bay for only $1.00 per year for the installation of the statue. He then stated that he will offer $100 a year for the same property. Mayor Pro Tem Gulley stated that he felt that there is nothing wrong with the Council leasing other property for erection of another statue to beautify the City if another good plan is presented to them. Mr. Alberts again questioned the Attorney General's legal opinion that there would be no constitutional problems in this matter, pointing out that the opinion contains a statement to the effect that, "We caution, however, that no specific lease has been presented to us, and we do not pass on whether a particular lease might not present entanglement problems." Council Member Gill stated that in all of her questioning of the Attorney Minutes Regular Council Meeting February 21, 1979 Page 16 General's opinion, she was under the impression that this lease for this specific purpose was legal. Council Member Sample inquired of Mr. Alberts as to how many entanglements religiously the City is involved in by using the name "Corpus Christi." Mr. Alberts replied that the City was named about 400 years ago in a differ- ent era and under different circumstances. Council Member Holt also inquired as to how this differs from leasing a City building for a religious group. He also pointed out that softball teams sponsored by religious groups use public parks. Mr. Holt also pointed out that the Council has not shown partiality to a religious group because they have never refused to allow a similar statue representing other religious groups to be erected on public property. Also speaking on the same topic was Mr. David Saenz, who expressed the opinion that a statue of Christ is a part of history and that such a statue will attract tourists. Ms. Barbara Lampert, 6801 Pharaoh, also addressed the Council in regard to the statue and urged that they attempt to avoid a situation that is becoming a very serious confrontation. Ms. Lampert indicated that she would like to speak to a practical point and questioned the wisdom of granting this request since a lawsuit is sure to ensue. She noted that the Council had commented that they planned to approve this ordinance because a majority of the citizens are in favor of it but reminded the Council that things that are popular are not always right. Ms. Lampert urged that the Council explore other avenues of progress rather than approving this item which will divide the City. No one else spoke in regard to the ordinances. City Secretary Read informed the Council that one or two of the ordinances were not before him but he understood that they were in the building and would be in the Council Chamber shortly. He did verify that Ordinance "a" was before him and that it would be designated as an ordinance to be read on its first reading. He polled the Council for their votes, and the following ordinances were approved: Minut. Regular Council Meeting February 21, 1979 Page 17 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 SYMBOLIZING THE NAME AND LOCATION OF THE CITY 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, "abstaining". FIRST READING: AUTHORIZING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXTEND THE ELEVEN -MONTH LEASE AGREEMENT WITH THE JOHNNY RODRIGUEZ LIFE ENRICHMENT CENTER, INC., FOR A RECREATION CENTER FOR THE HANDICAPPED IN A PORTION OF GREENWOOD PARK IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AUTHORIZED BY THE ORDINANCE AUTHORIZING THE AGREEMENT TO CONTRACT WITH THE SAID CENTER FOR AN ADDITIONAL FORTY-NINE MONTHS, A SUBSTANTIAL COPY OF WHICH LEASE AGREEMENT EXTENSION IS ATTACHED HERETO, 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, Holt, Juarez and Sample voting "Aye". SECOND 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 second time and passed to its third reading by the following vote: Lozano, Diaz, Gill, Holt, Juarez and Sample voting "Aye"; Gulley, "Nay". THIRD READING - ORDINANCE NO. 14776: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE CORPUS CHRISTI ART FOUNDATION FOR OPERATION AND USE OF THE ART MUSEUM OF SOUTH TEXAS FOR A TERM OF FIVE YEARS, ALL 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 third time and passed to its final reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". ORDINANCE NO.,14777: AMENDING ORDINANCE NO. 13969, PASSED AND APPROVED BY THE CITY COUNCIL ON OCTOBER 5, 1977, SO AS TO AUTHORIZE THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL #2 IN CONNECTION WITH THE INTERNATIONAL AIRPORT LAND ACQUISITION PROJECT AT THE UPDATED APPROVED VALUE OF $183,697 OF WHICH $182,647 IS FOR ACQUISITION AND $1,050 IS FOR CLOSING COSTS: AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." Minutes Regular Council Meeting February 21, 1979 Page 18 ORDINANCE NO. 14778: CALLING AN ELECTION FOR MAYOR AND SIX (6) COUNCIL MEMBERS IN THE CITY OF CORPUS CHRISTI, TEXAS, TO BE HELD ON THE 7TH DAY OF APRIL, 1979; DESIGNATING POLLING PLACE LOCATIONS FOR SUCH ELECTION; ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". ORDINANCE NO. 14779: PROVIDING FOR NOTICE OF ELECTION TO BE HELD IN THE CITY OF CORPUS CHRISTI, TEXAS, ON THE 7TH DAY OF APRIL, 1979, FOR ELECTION OF MAYOR AND SIX COUNCIL MEMBERS; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". ORDINANCE NO. 14780: AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THOMAS Y. PICKETT AND COMPANY, INC., OF DALLAS, TEXAS, FOR THE PURPOSE OF APPRAISAL AND VALUATION OF OIL AND GAS PROPERTIES AND PIPELINES AND FOR THE APPRAISAL AND VALUATION OF CERTAIN OIL REFINING AND RELATED PROPERTIES AND CERTAIN INDUSTRIAL PROPERTIES, LOCATED IN THE CITY OF CORPUS CHRISTI, TEXAS, AND/OR THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR TAX ASSESSMENT PURPOSES, ALL AS MORE FULLY SET FORTH IN THE AGREEMENTS, 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 passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". ORDINANCE NO. 14781: AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION AND EXECUTE A CONTRACT WITH NUECES COUNTY FOR $63,401 TO BE USED IN CONTINUATION OF ACTIVITIES SUCH AS TRANSPORTATION, OUTREACH, REFERRAL AND FOLLOW-UP, INFORMATION, RECREATION, AND SOCIAL SUPPORTIVE SERVICES OUTSIDE THE CITY OF CORPUS CHRISTI FOR A PERIOD OF ONE YEAR, BEGINNING MARCH 1, 1979, AND ENDING FEBRUARY 29, 1980, 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"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY CONTRACTS, AMENDMENTS AND OTHER DOCUMENTS REQUIRED IN THE ADMINISTRATION AND IMPLEMENTATION OF THE AFORESAID PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". RESOLUTION NO. 14782: URGING THE TEXAS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND THE SCHOOL LAND BOARD TO GRANT THE CITY THE MAXIMUM TERM OF LEASE FOR LAND ALONG THE PADRE ISLAND DRIVE CAUSEWAY AT THE INTRACOASTAL AND HUMBLE CHANNELS SO THAT ADEQUATE IMPROVEMENTS CAN BE CONSTRUCTED THEREON TO SERVE FISHERMAN AND TOURIST FROM THROUGHOUT THE STATE AND NATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". Minuto_ Regular Council Meeting February 21, 1979 Page 19 ORDINANCE NO. 14783: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS, INC. FOR THE CONSTRUCTION OF THE CORPUS CHRISTI BEACH SEWER SYSTEM (BROADWAY WASTEWATER TREATMENT PLANT - PHASE 2) EPA #C-48-1216-04, SUBJECT TO APPROVAL AND CONCURRENCE FROM THE ENVIRONMENTAL PROTECTION AGENCY; APPROPRIATING $920,000 OUT OF THE NO. 250 SANITARY SEWER BOND FUND OF WHICH $899,718.50 IS FOR THE CONSTRUCTION CONTRACT AND $20,281.50 IS FOR PRINTING, LEGAL ADVERTISING AND INCIDENTAL AND RELATED EXPENSES APPLICABLE TO PROJECT NO. 250-72-8, CORPUS CHRISTI BEACH TRUNK - NAVIGATION TO LIFT STATION AT SURFSIDE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting, "Aye"; ORDINANCE NO. 14784: AUTHORIZING THE CITY MANAGER TO EXECUTE AN EXCHANGE DEED WITH CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT TO PROVIDE FOR THE RELOCATION OF STREET ACCESS TO THE CAMPUS OF TRAVIS AND FANNIN ELEMENTARY SCHOOLS, A SUBSTANTIAL COPY OF SAID EXCHANGE DEED BEING 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, Holt, Juarez and Sample voting, "Aye". ORDINANCE NO. 14785: AUTHORIZING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT TO CONTRACT, AND AN ELEVEN -MONTH LEASE AGREEMENT WITH THE JOHNNY RODRIGUEZ LIFE ENRICHMENT CENTER, FOR A RECREATION CENTER FOR THE HANDICAPPED, TO BE LOCATED IN A PORTION OF GREENWOOD PARK, IN THE CITY OF CORPUS CHRISTI, TEXAS, A SUB- STANTIAL COPY OF WHICH AGREEMENT TO CONTRACT AND LEASE AGREEMENT ARE ATTACHED HERETO AS EXHIBITS "A" AND "0", RESPECTIVELY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting, "Aye". Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. Mr. David Saenz, 1437 17th Street, stated that he felt that Police Chief Bill Banner is performing an outstanding job in attempting to discourage driving while intoxicated, even though it does involve visits to various bars by police officers. City Manager Townsend stated that he has several announcements and briefly mentioned the sale of $13,000,000 of water supply revenue bonds scheduled for April 4, 1979 at 11:00 a.m. by the Nueces River Authority. Mr. Townsend stated that next week the agenda will include several documents for Council approval, as follows: (1) proposed bond resolution, (2) proposed Notice of Sale, (3) proposed bid form and (4) proposed official statement. City Manager Townsend informed the Council that the City staff has worked with the staff of the Nueces River Authority Minutes Regular Council Meeting February 21, 1979 Page 20 on those particular documents, and they include all of the necessary safeguards. At Council Member Gill's request, City Manager Townsend briefly explained the City's indebtedness in connection with the Choke Canyon project and the projected charges to various water users. Council Member Diaz urged that the staff have the requested report on the estimated amount of money that the various lawsuits and election in which Mr. Harry Hoag has been involved have cost the City. City Manager Townsend presented the Council with a copy of a report that is partially complete which indicates that the delays; including the projected cost. because of inflation in construction of the Convention Center, was well over several million dollars. City Manager Townsend reminded the Council of the Special Council Meeting to be conducted at 7:00 p.m. at Solomon Coles Elementary School on assessments asso- ciated with street improvements. There being no further business to come before the Council, on motion by Diaz, seconded by Juarez, and passed unanimously, the Regular Council Meeting was adjourned at 4:50 p.m., February 21, 1979.