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HomeMy WebLinkAboutMinutes City Council - 02/28/1979PRESENT: 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 28, 1979 2:00 P. M. * City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Sedretary Bill G. Read Mayor Gabe Lozano, Sr. called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member David Diaz. 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 that the following proclamations had been presented: "TEXAS EXES DAY" - March 2, 1979, and "HISTORY APPRECIATION WEEK" - March 4-11, 1979. Mayor Lozano then presented a Certificate of Commendation to Mrs. Dorothy E. Raine in recognition for her service for the past 24 years as Field Director of the American Red Cross at the Naval Regional Medical Center. Motion by Juarez that the Minutes of the Regular Council Meeting of February 7, 1979 be approved as presented; seconded by D4'z; and,passed unanimously. Mayor Lozano announced appointments to Boards and Committees. City Manager Townsend reviewed the appointments discussed during the Workshop Meeting and suggested that a motion would be in'order to confirm the appointments. Motion by Gulley, seconded by Diaz, and passed unanimously that the following appointments be confirmed: SISTER CITY COMMITTEE TERM TO EXPIRE Mrs. James R. Harris Mr. James Burkhardt Mr. Ed Stern 5-17-81 5-17-81 5-17-81 MUNICIPAL ARTS COMMISSION (The following were appointed by the Mayor and confirmed by the Council) Mrs. Rosa F. (Nick) Fernandez 9-01-79 Dr. Merton Johnson 9-01-79 .CEP 0 41930 MICROFILMED Minutes Regular Council Meeting February 28, 1979 Page 2 COASTAL BEND CONSORTIUM ADVISORY COUNCIL Mrs. Betty Foster BUILDING CODE BOARD OF APPEALS Mr. George Clower TERM TO EXPIRE 9-30-79 5-0479 HOUSING AUTHORITY (Appointed by the Mayor and confirmed by the Council) Mr. Ernest Carter 4-o4-80 HUMAN RELATIONS COMMISSION (Appointed by Mayor with Council's approval) Reverend Clarence Jones 6-14-81 Mrs. Yolanda Peronis 6-14-79 BUILDING STANDARDS BOARD Dr. James Cottingham (physician) Mr. John H. Thomas (member at large) MARINA BOARD Mr. Nixon Welsh Mr. W. A. "Bill" Sky -Eagle Mr. Wayne Lundquist, Jr. (a) a t a * * * * t * * is 3-03-82 3-03-82 2-28-81 2-28-81 2-28-81 Mayor Lozano announced the bid opening on the following engineering projects: Second phase of improvements to the Oso Wastewater System which includes a lift station at Daly and Williams Drive and a 36 -inch force main from Williams to the plant. The project has been approved by the Environmental Protection Agency and the Texas Department of Water Resources and a grant for 75% of the project has been offered the City. Mr. James K. Lontos, Director of Engineering and Physical Development, opened bids from the following firms: W. T. Young Construction Company, Corpus Christi; Bryan Construction Company, Bryan; Texas; Heldenfels Brothers, Corpus Christi; Garney Construction Company, Inc., Kansas City, Missouri. Mr. Lontos veri- fied that all bidders had submitted the required bid security check and bid bond. Mayor Lozano stated that the apparent low bidder was Heldenfels Brothers but that the bids would be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the staff for tabulation and recommendation. (b) Installation of a new 80 -ton capacity water chilling unit for the air conditioning system at City Hall. This budgeted project will be located outside the building and will replace 26 -year old equipment of approximately 68 tons. Minutt Regular Council Meeting February 28, 1979 Page 3 Mr. Lontos opened bids from the following companies on this project: Weathertrol, Inc., Malek, Inc., Manning Air Conditioning Company, Neal Air Condi- tioning Company, and McDonald & Miller, all of Corpus Christi, and stated that the required bid security check had been submitted with each of the bids. Mayor Lozano stated that the apparent low bid was that submitted by Neal Air Conditioning Company but that the bids would be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the staff for tabulation and recommendation. ******;,......::t. Mayor Lozano announced the public hearing on the following matter: Contractual annexation of Lot 1, Block 7, Delta Acres Subdivision located south of Saratoga Boulevard between Old Brownsville Road and County Road No. 37 and the portion of Saratoga Boulevard abutting Lot 1. City Manager Townsend explained that the property involved in this proposed annexation is located near the intersection of Old Brownsville Road and Saratoga; the houses in the subdivision have been there for some time; a portion of the road has previously been annexed; a large portion of the acreage involved has been developed; and the subdivider is now prepared to contractually annex this land in order to obtain utilities. No one spoke In regard to this contractual annexation. Motion by Diaz that the hearing be closed, seconded by unanimously. Motion by Diaz that Lot 1, Block 7, Delta Acres Subdivision, tually annexed; seconded by Juarez; and passed unanimously. ,t,r>r*,t*, ***fre Mayor Lozano called for the City Manager's Reports. Sample and passed be contrac- City Manager Townsend presented the following Items with related comments and explanatlon.and recommended that: a. Eighty 50 -foot lengths of 2}" cotton, polyester filled, double Jacket rubber lined fire hose be purchased from CORPUS CHRISTI RUBBER AND SPECIALTY, on the basis of low bid meeting specifications of $6,507.20. Bids were received from seven firms. The apparent low bids of $5,890.40 submitted by Texas Fire Extinguisher and Flameprooflng of Dallas and $6,414.32 by S 8 L Seagrave Sales, Inc, of Austin are not recommended because the hose bld is with an all polyester jacket, rather than cotton polyester filled Jackets as specified. Minutes Regular Council Meeting February 28, 1979 Page 4 b. A replacement drill tower safety net and shock absorbers for the Fire Department be purchased from one of the following firms, tied for low bid, by casting lots: *(X) CORPUS FIRE & SAFETY, Corpus Christi ( )-HALPRiN-S1iPPLi',-Los-Angeles; £a4if.- Item 1 - Drill Tower Safety Net $2,040 Item 2 - Shock Absorbers 1,334 GRAND TOTAL - - $3,374 Bids were received from 4 firms. c. An additional surface moisture and density gauge be purchased from COMPONENT SALES & SERVICE, Houston, on the basis of low bid of $3,762. Bids were received from 3 firms. Price comparison shows a decrease of approximately 3%. A similar gauge was purchased last year. This additional unit will enable the City to carry out all density testing for new subdivision streets. d. A two-year contract for uniform rental service be awarded to the following firms on the basis of low bid: TEXAS INDUSTRIAL SERVICE, Corpus Christi Wash & Wear Uniforms 179 Employees - 3 changes @ $2.55 for 104 weeks 226 Employees - 5 changes @ $4.25 for 104 weeks $ 47,470.80 99,892.00 Cotton Uniforms 50 Employees - 3 changes @ $3.00 for 104 weeks 15,600.00 GRAND TOTAL -$162,962.80 Bids were received from four firms. A price comparison shows an increase of 30%. The 455 employees include Sanitation (168), Gas (77), Meter Reading (31), Airport (18), Park S Recreation (78), Maintenance Services (32), Transit (21), Health (9), Wastewater Services (12), Corpus Christi Museum (5) and other activities (4). The employees in Meter Reading, Gas, Airport, Transit, and the Museum pay 50% of the rental cost. The uniforms for employees in the Wastewater Services, Sanitation, Health (Pest Control) and Fire are paid 100% by the City. Other employees pay 100% of their uniform rental since the City does not require that a uniform be worn. The percentage of uniform rental paid by the City is 100$ where uniforms are required and wear and tear is substantial and 50% where a uniform is required but wear and tear is ordinary. e. A contract for repair and painting the top 20' of the interior of two 12,500,000 gallon water storage tanks, located in the 4900 block of Holly Road near Everhart Road, be awarded to KOTE-IT PAINTING SERVICES, Colleyville, Texas on the basis of low bid of $143,160. Bids were received from three firms. f. A contract for replacement of a 10' x 10' x }" plate glass window at the Art Museum be awarded to SAFETY GLASS COMPANY, Corpus Christi, on the basis of the only bid received of $4,925.28. A replacement 300 amp trailer mounted electric welding machine for Wastewater Services be purchased from CRANE WELDING SUPPLY COMPANY, Corpus Christi, on the basis of low bid of $3,791.31. 'Bids were received from two firms. Price comparison shows virtually no increase since last purchase in September, 1978. h. A replacement earth boring and drilling machine, for the Water Division be purchased from EARTHWORM BORING MACHINE, INC., Ontario, California on the basis of only bid received of $2,468. Bids were mailed to two firms. Comparing this price with the price paid for a like item in June, 1977 shows an increase of 31.6%. 9. `lowing casting of lots, bid award was made to this firm. Minut Regular Council Meeting February 28, 1979 Page 5 i. A used sanitary landfill compactor for the Sanitation Division be purchased from B. D. HOLT COMPANY, Corpus Christi, on the basis of low bid of $42,500. Bids were received from three firms. The compactor is being purchased in lieu of the budgeted replacement of a bulldozer. j• Gulf Coast Testing Laboratory, Inc. be employed to provide testing services for the Washington -Coles Area Street Improvements Phase I at a cost of $3,150. Testing will include quality control on concrete, subgrade, caliche base and asphalt. Testing includes concrete strength tests, hot -mix control, and tests for base material characteristics. The City will perform nearly all subgrade and base densities with the City -owned nuclear density tester. No additional appropriation is required. k. An agreement be executed with M. J. Hot Mix Corporation, developer of Solar Estates.Subdivision, Unit 3, for one half the cost of street improvements around the subdivision's dedicated park which is bounded by Rain Mist Lane, Sunshine Avenue and Moonglow Lane and $20,328.88 be appropriated for the City's share. The subdivision is located east of Rand Morgan Road between Leopard Street and I. H. 37. 1. The following actions be taken regarding the Casa de Manana, West Oso School District Area Sidewalk Improvements: (1) The contract be awarded to E.J. Netek Construction Company for $22,663.59. (2) The preliminary assessment roll be adopted and a public hearing be called for 3:00 P.M., March 28 in the Council Chambers. The roll totals $10,954.17 and involves 12 parcels. The project includes construction of concrete sidewalks along Old Brownsville Road from the Casa de Manana Apartments to Cliff Maus Drive and in Bear Lane from Old Brownsville Road to Navigation Boulevard. The sidewalks will serve the West Oso High School and the John F. Kennedy Elementary School. m. An agreement be approved between the City and the developers of the Allen 6 Cameron Industrial Subdivision on Leopard Street east of Southern Minerals Road for overdepth participatlon In a sanitary sewer extension along Leopard Street. The City's perticipatlon would be limited to paying the cost of installing the line et a deeper depth than required to serve Just the industrial subdivision. Based on the low bid, the City's participation for 1800 lineal feet would be $8,153.61. The extra depth will provide the capacity to serve the area to Southern Minerals Road. n. Highway 9 Sanitary Sower Improvementsbe awarded to Claude Chapman Construction Company, Inc. for $181,471.50. The 1977 bond election project will provide a lift station, force main and gravity lines to serve existing development along Highway 9 Immediately west of Corn Products Road. An appropriation of $200,000.00 Is recommended Including engineering, advertising, and related expenses. o. The following actions bo taken regarding slip lining the McArdle Road Sanitary Sewer Line from oast of Prince Drive to west of Holmes. (1) The contract be awarded to Shur -Flo, Inc. and John G. Holland Construction Company, a Joint venture doing business as Slipllners for $998,998, subject to approval of the Department of Water Resources. Minutes Regular Council Meeting February 28, 1979 Page 6 (2) The Engineering Contract with Urban Engineering be amended to provide for resident inspection services at a cost of $17,837.22 not provided for in the basic Engineering Services Contract previously approved. (3) An appropriation of $1,030,000 be approved for the contract, resident inspection services, legal advertising, printing and related expenses. The existing 42" sanitary sewer line will be sliplined with a 36" polyethylene pipe, manholes rehabilitated and the voids between the sewer pipe and the liner grouted. Funds were approved in the 1977 bond election. The Environmental Protection Agency has approved and given the City advance authorization to proceed with the construction with local funds. The City will be reimbursed for 75% of eligible costs upon receipt of a grant agreement at a later date after the project has advanced on the statewide rating list. P. Compucon, Inc. of Dallas be employed at an estimated cost of $3,150 to determine the configuration, i.e. frequencies and locations, of the microwave facilities for the life support communication equipment for the AID ambulance system. Tentative microwave antenna locations are: (1) Calallen/Annaville Site - Stevens Filter Plant (2) Nueces County Courthouse (3) Fire Station #1 - 209 S. Carancahua (4) Flour Bluff Water Tower (5) Memorial Hospital (6) Police Station (7) Port Aransas Water Tower (8) City Service Center - Radio Shop, 5352 Ayers The 1977 bond election included $500,000 for this system to enable AID attendants to relay a patient's life signs directly to the doctor at Memorial Hospital. This study is a necessary step before specifications can be completed and federal communication licenses can be requested. Proposals were received from two firms. The cost is recommended to be charged against the General Fund Reserves until financing is arranged for the project. City Manager Townsend commented that the Certificates of Obligation which were approved by the voters would probably be approved at this time if submitted to the Attorney General. He stated that this will be verified, but at this time, it appears that the City will be able to proceed with the sale of these certificates. q• Values totaling $571,375 for acquisition of 28 parcels in the Bayfront Science Park be approved. The increases from the values previously approved by Ordinance 14608 are recommended to recognize changes in value from 1972 to 1976 as the result of project delays. Funds of $395,000 have been appro- priated for acquisition of these parcels. City Manager Townsend reminded the Council that negotiations for acquisition of this property have been going on for several years, but the staff feels that the values should be brought up to the 1976 values. Council Member Diaz pointed out that the values of these parcels will con- tinue to increase unless the City is able to obtain some type of commitment from Minute Regular Council Meeting February 28, 1979 Page 7 the property owners. City Manager Townsend assured the Council that the City staff has made every attempt to come to an agreement with the property owners but has been unsuccessful. Mr. Townsend then pointed out the various tracts involved, including the lots that have already been purchased. City Manager Townsend explained that the usual proce- dure in connection with the approved values is to present the Council with copies of the recommended values, which are not included in the ordinance, and place a copy of the values in the Office of the City Secretary for verification at the time of the sale of the property. r. The following actions be taken regarding improvements to the concourse at the Airport: (1) (2) The construction contract be awarded to PPG Industries, Inc. for $29,500. An amendment to the architectural agreement with Cotten/Landreth be approved to provide for construction inspection ($1,200). The south face of the concourse will be enclosed with an aluminum and glass storefront with grill work and doors to isolate the existing concourse areas from airplane parking. An appropriation of $32,200 is needed to provide for inspection, change orders and related expenses. The City has received a grant from the Federal Aviation Administration which will fund 50% of the cost. s. The firm of Miller and Grigsby be employed to prepare plans and specifications for rehabilitation of the Boys Club Swimming Pool.at a cost of $7,920 (based on 11%). The principals ofthe firm are electrical and mechanical consul" tants. The rehabilitation is a 4th year Community Development Project. t. Ordinance #14571, passed October 25, 1978, closing certain dedicated, unopened portions of Johanna Street between Kostoryz Road and Richter Street be amended to include the 2,500 sq. ft. portion abutting Lots B-1 and B-2, Boulevard Acres. The public hearing held on October 11, 1978, Included the closing of four portions of Johanna Street, but the ordinance only listed three. u. The City Code be amended to allow educational institutions to maintain domestic animals, livestock, or fowl, including swine, when the facility Is located more than 500' from a building used for human habitation. The Calallen Independent School District Is establishing a farm on its high school campus for vocational agriculture classes. The Health Department would prescribe minimum sanitary and other conditions. The present code does not allow swine. The five acre farm would house approximately 100 animals. v. The public hearing on the paving assessments for Port Avenue Improvements from the Crosstown Expressway to Ayers Street be closed and the assessment roll be adopted. The roll reflects the recommendation made by Mr. Holly on items No. 8, 13, 17, and 28. The roll includes 39 Items for a total assessment of $195,912.07. The project is being Jointly constructed by the City and State Department of Highways and Public Transportation under the Urban Systems program. The total protect cost Is $1,211,279.46 of which the Federal and State portion is $772,529.46 and the City's including assessments is $438,750. * w. The public hearing on assessments for Washington -Coles Area Street Improvements Phase•I be closed and the assessment roil adopted. As a result of the hearing and the appraiser's recommendations regarding odd shaped lots, Items No. 39, 62 and 67 have been reduced. The roll totals $101,146.03 and involves 102 items. The contract for the improvements has been awarded to APPCO. * NOTE: The amount of the assessment roll total was reduced by Council consensus See Page 8. Minutes Regular Council Meeting February 28, 1979 Page 8 Council Member Holt referred to the proposed sidewalk to be installed at the rear of Mr. Perry Tucker's property on Waco Street and expressed the opinion that the sidewalk would not enhance the property involved. City Manager Townsend stated that he felt that the sidewalk should be con- structed because there would be an abrupt interruption in the sidewalk which could be dangerous to pedestrians. He agreed that if the property involved is not enhanced, the assessment should be reduced accordingly. Mr. Townsend did point out that Mr. Tucker had previously paid assessments on other streets bordering on his property. After further discussion of this particular sidewalk assessment, Council Member Gill suggested that Item No. 102 of the assessment roll be reduced by $390, which is the amount of the assessment for the sidewalk adjacent to Mr. Tucker's property on Waco, but that the sidewalk be installed at the City's expense. City Manager Townsend stated that this action would not require a motion, but if the Council concurred, he would amend the City Manager's report which would result in a reduced assessment roll total of $100,756.03 for this project. x. The second supplemental agreement to the contract with NRA be approved to indicate the City's concurrence in the terms and conditions of the proposed $13,000,000 bond sale and to instruct the trustee to maximize investments of cash in the construction and debt service reserve funds. Y. The following documents relating to the sale of $13,000,000 of water supply revenue bonds on April 4, 1979 at 101:00 a.m. by Nueces River Authority be approved. (1) proposed bond resolution (2) proposed Notice of Sale (3) proposed bid form. (4) proposed official statement The contract between the City and the Authority requires that the City approve all actions regarding financing of Choke Canyon Reservoir. The bonds will be supported solely by the City's pledge of water revenues from all of the City's customers, including Alice, San Patricio Municipal Water Supply District, . Port Aransas, and Mathis. It is further recommended that the ordinance provide that the financial documents mentioned above, the interest rate bid, and all other aspects of the final sale be considered approved by the City upon formal review by the Director of Finance, City Attorney and City Manager. The bonds will mature from 1981 to 2009. All of the proceeds will be used for the local sponsors' payments of the initial advance estimated as of January 1, 1978 to be $21,479,517. The balance of the local advance was made possible by the City's sale of second lien water revenue bonds to the Texas Water Development Board which enabled the City to retire its outstanding water revenue bonds and use the balance for payments to the Bureau of Reclamation. As of January 1, 1978, the cost of Choke Canyon was estimated to be $93,078,000 which would require, in addition to the $21,479,517 advance, repayment by the local sponsors of approximately $40,000,000 over the next 50 years plus interest at 5.1%. Minute. Regular Council Meeting February 28, 1979 Page 9 z. The following actions be taken regarding the barge restaurants. (1) The agreement to contract and the lease with Pelican's Pleasure, d/b/a "Captain Boomer's" be amended to provide monthly rental payments as follows: 0 - 36 months 37- 60 months 1.0% of gross income or $500 whichever is greater 1.5% of gross income or $700 whichever is greater (2) The agreement to contract and the lease with the "1908 Wharf Corporation" be amended to provide for the establishment of the barge restaurant on Coopers Alley L -Head and to provide for monthly rental payments as follows: 0 - 24 months 25- 36 months 37- 48 months 49- 60 months 1.0% of gross income or $400 whichever is greater 1.0$ of gross income or $525 whichever is greater 1.0% of gross income or $535 whichever is greater 1.0% of gross Income or $550 whichever is greater It is further recommended that the agreements be amended to provide that the restaurant must be open no later than December 31, 198Q or the corporation's bid security of $1,000 will be forfeited. The previous requirements was for an opening date no later than December 31, 1979. The monthly rents are based on supplemental bids submitted by the two prospective lessees. aa. A public hearing be held at 2 p.m. during the Regular Council Meeting on March 7, 1979 on closing and abandoning a 10' wide alley situated within Block 1103, Fitchue Place Addition. The block is bounded by Ayers Street, 14th Street, Brownlee Boulevard and McKenzie Street. bb. Licenses and fees for "Milk and Milk Products" be amended to allow the City Council to revise the fee structure at any time during the year. The current ordinance requires all licensees to make advance payment for their annual license (which begins March 1). This arrangement makes change difficult at any time but March 1. Since the action of the State Legislature will not be known for several months, this change will enable the City Council to act after the Legislature determines the future state role In milk inspection. Mayor Lozaho called for comments from the members of the audience on the City Manager's Reports. Mr. Clifford Cosgrove, 3302 Olsen, referred to Item "q", which pertains t9 updating the values of the property in the Bayfront Science Park, and pointed eut that acquisition of this property has been in process for years and suggested that a cost be determined and the land be acquired. He contended that the delay allows for the increase in valuations, which in turn costs the City more money. He suggested that the City condemn the property and acquire it, thus save money rather than continuing the attempt to purchase the property. City Manager Townsend pointed out that this is not a request for further appropriations; the staff estimates that the remaining property can be acquired for $600,000 or less; and explained that condemnetton proceedings require a greet deal Minutes Regular Council Meeting February 28, 1979 Page 10 of staff time and a considerable amount of money possibly in excess of the amount available for acquisition. City Manager Townsend stated that the City will probably instigate condemnation proceedings on a few pieces of property to 60 days if the staff is unsuccessful in acquiring it in that length of time. Mrs. Elizabeth Price, 4309 Loma Alta Road, spoke in opposition to the approval of the sites for the barge restaurants. Mrs. Price expressed the opinion that the restaurants would be unsightly in the Bay and would create a pollution problem because of the trash and garbage disposal problem. She contended that the installa- tion of the restaurants and the statue in the Bay would open the door for all kinds of businesses to be installed in the Bay area. Mr. Ross Trigg, of Hygeia Dairy, expressed opposition to the change in the milk ordinance as proposed in Item "bb." He explained to the Council that the State Legislature is considering a bill to regulate the milk fees at this time, and the Committee hearings on this legislation are scheduled for March 7 and March 14. He stated that he felt that the way the ordinance is scheduled to be amended would actually place the local dairies at an extreme disadvantage. Mr. Trigg urged that the ordinance not be passed until the State Legislature has had an opportunity to act. Council Member Diaz explained that4the only thing the Council will do is' reserve the right to amend the fees if the.Legislature does not act. City Manager Townsend stated that the ordinance properly provides the right for the Council to amend the fees, but the ordinance to actually amend the fees would have to go back to the Council. Speaking in regard to the barge restaurants, Mrs. Dorothy Bourg Spann, 502 Del Mar, pointed out that the mobility of barge restaurants would allow the removal of the restaurants if problems are created by their existence. She expressed the opinion that the restaurants would provide attractions for the community that would benefit residents as well as tourists. There was no further discussion on the City Manager's Reports. Motion by Holt that the City Manager's Reports, Items "a" thru "bb," be accepted; seconded by Gulley; and passed unanimously. Minus_ Regular Council Meeting February 28, 1979 Page i1 Mayor Lozano announced the 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 statewide fees. City Manager Townsend inforthed the Council tFiar"this,tmatter is still under consideration by the State Legislature and suggested that It -might be proper to further table this item for possibly sixty days. Motion by Holt that this matter be tabled until April 4, 1979; seconded by r Gulley; and passed unanimously. ..t,t.,:t t;: t. t., t Mayor Lozano then announced the second tabled matter to be considered, as follows: Opening of Bloomington Street to Rockford Drive. The public hearing on this item was held on December 13, 1978. The item was subsequently tabled twice until today' so that the City staff could negotiate with the property owners to either alter the plan for the street location or discuss the possibility of acquiring all of the land involved in the street extension including the odd -shaped tract of land south and east of the proposed street extension. City Manager Townsend referred to a letter received from Mr. David M. Coover, Sr., Attorney for the property owners, In which he Indicated that the Lichtenstein family is not interested In developing this property at this time. Mr. Townsend suggested that this matter be tabled further so that negotiations may continue. Motion by Gulley that this matter concerning the opening of Bloomington Street to Rockford Drive be further tabled,for,60days�,.sec nded by,;Holt,and passed unanimously. . • Mayor Lozano announcsd the following recessed public:hearing;, Application No. 179-11, Pelican Bay, Inc., for a change of zoning from "AT". „• Apartment Tourist District and "B-4" General Business District to "R -1B" One - family Dwelling District on a 16.3+ acre tract of land out of Lots 1, 2, and 4, Section 29, Flour Bluff b Encinal Tam b Garden Tracts, located between Ennis Joslin Road and the Cayo del Oso, across from Pharaoh Drive. The public hearing was recessed on February 14 for two weeks at the request of the applicant. Recommendation of the Planning Commission: That it be approved. Minutes Regular Council Meeting February 28, 1979 Page 12 City Manager Townsend reviewed the circumstances of this zoning matter; explained that the meeting had been recessed at the request of the applicant; reminded the Council that no one had appeared in opposition; and both the Planning Commission and the Planning Staff recommended approval of this applica- tion. Mr. Frank Peerman, the applicant, asked that the name of the company be changed to Pelican Estates, Inc., and indicated that he would be glad to answer any questions the Council desired. No one spoke in regard to this zoning application. Motion by Diaz that the hearing be closed, seconded by Holt and passed unanimously. Motion by Holt that the Council concur with the recommendation of the Plan- ning Commission and approve the requested?zoning of "R -1B", seconded by Juarez; and passed unanimously. City Manager Townsend assured Mr. Peerman that the name of the applicant would be changed on the ordinance effecttn}g this change of zoning. City Manager Townsend stated that the Staff would like to have several , motions to amend the ordinances on the Gault Aviation lease and the barge restau- rants before they are read for the third {ime. Mayor Lozano noted that a Special Council Meeting was scheduled for 3:30 p.m. and suggested that the Regular Council Meeting be recessed at this time. Motion by Diaz that the Regular Council Meeting be recessed at 3:35 p.m, seconded by Juarez and passed unanimously. Mayor Lozano reconvened the Regular Council Meeting at 4:25 p.m. and called for the ordinances. City Manager Townsend referred to the Ordinance listed as "c" in regard to the leasing of a site to the Corpus Christ) Cultural Council for the installation of a statue and stated that a motion would be in order to amend the ordinance which was read on first reading on February 21, 1979. Mina Regular Council Meeting February 28, 1979 Page 13 Motion by Juarez, seconded by Dlaz, and passed unanimously that the ordinance read on the first of three readings on February 21, 1979, authorizing the City Mana- ger 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 first paragraph of the Preamble and Section 1 of the ordinance so as to add the wording following "Sunfish Island" as follows: "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 deleting the reference to the "attached map." 2. Amend the description In the lease agreement to read as follows: Being a 50' x 50' tract of land out of an Island in Corpus Christi Bay created by dredge spoil from the Port Aransas -Corpus Christi Waterway and known as Sunfish Island, 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, and more particularly described by metes and bounds as follows: Beginning at the point of intersection of an easterly extension of the centerline of Palo Alto Street and the centerline of the Bay Front Protection Seawall; Thence in an easterly direction over the waters of Corpus Christi Bay along the extension of the centerline of said Palo Alto Street a dis- tance of approximately 1150 feet to the point of intersection with the centerline of a rock breakwater; Thence In a northerly direction along the centerline of said rock breakwater a distance of 250.0 feet to a point; Thence In a westerly direction at right angles to the centerline of said breakwater a distance of 100.0 feet to a point being the north- east corner of the tract of land herein described; Thence In a southerly direction along a line that is 100.0 feet west of and parallel to the centerline of said breakwater a distance of 50.0 feet to a point being the southeast corner of this tract; Thence In a westerly'direction at right angles to the centerline of said breakwater a distance of 50.0 feet to a point; Thence In a northerly direction along a line that is 150.0 feet west of and parallel to the'centerline of said breakwater a distance of 50.0 feet to a point being the northwest corner of this tract; Thence In an easterly direction a distance of 50.0 feet to the place of beginning and containing 2500.0 square feet of land, more or less, within the city limIts of the City of Corpus Christi, Nueces County, Texas, and all as more fully shown on the attached Exhibit 'A-1'." And substituting the new Exhibit "A-1" showing the precise location on the ground of the 50' x 50' tract for the original Exhibit "A-1" which Just showed location of Sunfish Island, • In regard to the ordinance pertaining to animals and fowl, listed as Ordlnance "b", Council Member Dlaz suggested that the specification "State approved" be included In the definition of educational institutions. City Manager Minutes Regular Council Meeting February 28, 1979 Page 14 Townsend pointed out that this is the first reading on this ordinance, and this phrase could be included in the ordinance prior to its second reading. Mr. Townsend then presented for the Council's consideration a motion to amend the ordinance granting a lease to the Johnny Rodriguez Life Enrichment Center. Motion by Diaz, seconded by Juarez, and passed unanimously that the ordinance authorizing an amended lease agreement between the City of Corpus Christi and the Johnny Rodriguez Life Enrichment Center, extending the original lease term from eleven (11) months to five (5) years, for a recreation center for the handicapped, in Greenwood Park, upon its completion of construction, acceptance, and conveyance to the City, read on the first of three readings on February 21, 1979, be and the same is hereby amended prior to its second reading as follows: A. Amend paragraph 4 of Exhibit "A" (the amended lease agreement), adding an additional sentence, said paragraph 4 to hereafter read as follows: "4. The responsibility for the maintenance and operation of the recrea- tion center will be and remain with the Center. Some portion of the recreation center shall actually function as a recreation center for the handicapped throughout the term of this lease, provided, however, that the Center may simultaneously use such recreation center for other purposes, which are generally public in nature." B. Amend paragraph 7 of Exhibit "A" (the amended lease agreement), delet- ing the third sentence, said paragraph 7 to hereafter read as follows: "7. Center agrees to provide all'building and equipment maintenance and janitorial service. City will provide maintenance of grounds, walk- ways, parking areas and driveways." In regard to the second reading of the ordinance listed as "c" concerning the lease with the Corpus Christi Cultural Council for a site for the installation of a statue symbolizing the name and location of the City of Corpus Christi, Council Member Holt stated that he desires to abstain from Voting on• this ordinance; expressing opposition to it at this time. Mr. Holt clarified his opposition indicating that he is not opposed to the statue but to the manner in which the matter has been handled. Council Member Holt expressed the opinion that the Council should have first determ- ined that there is a need for art for the community; they should have determined the best place for the art object and specified that it should be placed on Sunfish Island; and then subsequently invited anyone who wished to present a proposal for such an art object to do so, following which the Council would determine which would be appropriate for the previously selected location. Mr. Holt then suggested that the Council should not pursue the matter because of the possibility of a lawsuit as it concerns separation of church and state. V .s Regular Council Meeting February 28, 1979 Page 15 Council Member Gill agreed with Mr. Holt that possibly the matter has not been thoroughly studied and inquired of the City Manager as to how many weeks must elapse before the ordinance is read for the third and final time if it is read on second reading during this meeting. City Manager Townsend pointed out that the only change that was made in the ordinance earlier in the meeting vfas':to-clarify the description of the site because this was not clearly defined=at the time the ordinance was read on its first reading. He also stated that the third reading of the ordinance would note occur until after the moratorium, because leases cannot be passed until 30 days after the first reading of the ordinance granting a lease. Council Member Holt again pointed out that it appears that the City has not properly studied the matter and the Council is rushing through the item. Council Member Sample noted that this suggestion of the installation of the statue was first presented to the Council fifteen months ago, and this period of time could hardly be defined as "rushing through" something. City Manager Townsend agreed that the Council had obviously thought about the project for some ttme; the decision on the site was made very quickly; and the staff was forced to locate a tract on Sunfish Island and they did not have time to obtain a definite description of the site. Mr. Townsend also explained that the lease before the Council requires that the applicant obtain the proper permits; the applicant may not be aware of exactly which permits will be required; this is completely unresolved; and it is possible that a permit must be obtained from the Corps of Engineers. Council Member Diaz compared3h1's.brdfnance to.th'at7af the ordTnanaa-grant- ,i's;4:rZw :k,�d... . -�au: "i•i . ing a lease to Gault Aviation, Which also' -has to be amended' several times In an attempt to resolve all of the items In the lease. He stated that in this case, the Council and the staff are Just trying to refine an ordinance. Mayor Pro Tem Gulley referred to Mr. Holt's suggestion that the Council should have established the fact that they would like to have some type of art in the Bay and expressed the opinion that he felt that most citizens would like to have art donated to the City to be placed anywhere, stating that he sees no reason why the Council should have established the fact that art is•neaded for the City. Mr. Gulley also stated that he did not feel that the Council rushed Into the -matter. Minutes Regular Council Meeting February 28, 1979 Page 16 Council Member Sample expressed the opinion that the Council certainly did not rush into this matter at all; in fact, they proscratinated on it for a long time and dodged the issue because they asked for. the Attorney General's opinion before acting at all and even after that opinion had been obtained, the Council did not act until the applicant again presented the matter. Mr. Sample also stated that he does not feel that the opponent who has appeared before the Council repre- sents a majority of the citizens. Mayor Lozano stated that he did not see any reason to delay the second ' reading of the ordinance because the citizens who are opposed to the installation of the statue today will also be opposed to it in ten years or in just a few weeks when the final reading is before the new Council. Also speaking from the audience in regard to this same ordinance was Mr. Harold Alberts, Attorney, who expressed interest in the remarks of various members of the Council. He pointed out that several legal errors had occurred in connection with the ordinance granting the lease and elaborated on these. Mr. Alberts also referred to the Attorney General's opinion which contained the statement 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." Mr. Alberts concluded his remarks by urging that this Council not vote on the second reading of this ordinance but leave the matter to the succeeding Council, pointing out that the community has been unnecessarily stirred up by this matter. Council Member Diaz stated that he feels an obligation to go ahead with the procedure for installation of the statue because for years the City has been approached with ideas for the erection of some type of symbol commemorating the name of the City, and this issue has always been avoided. He expressed the opinion that someone must test the constitutionality of the matter, and he feels that this Council should do so now and not continue to evade the issue. He also pointed out that the incoming Council will make the final decision because they will be confronted with the third reading of the ordinance. Speaking in favor of the passage of the subject ordinance was Mrs. Marco Eugenio, who stated that she did not feel that the Council has acted hastily in this matter. Mrs. Eugenio also took exception to previous remarks made by Mr. Alberts in which he referred to Dr. Sherman Coleman, the artist who volunteered his services es Rtyular Council Meeting February 28, 1979 Page 17 to sculpt the statue, as an amateur artist. Mrs. Eugenio explained that Dr. Coleman is an extremely talented artist; that he is a dedicated citizen of this City who has offered to donate his time and talent for the beautification of the City; and enumer- ated the many other works of art that he has sculpted for this City, County and within the State. Mrs. Eugenio stated that if the Council has made mistakes in handling the mechanics of the lease under discussion, it should be rememberedthatthey are human beings who can make mistakes; they are not professionals but are volunteers who are trying to serve their community; and she then objected to one person repeatedly coming before the Council to point out minor mistakes that have been made in handling the ordinance granting the lease for the erection of the statue. Mrs. Eugenio explained that the statue will be used as a commemoration of the name of this City; there is no image of Christ; the traditional image of Christ as an historical figure is the one the artist will sculpt as depicting the name "Corpus Christi" which translates to "body of Christ." Mrs. Eugenio expressed the opinion that only personal prejudice is involved in the objections to this work of art. Speaking in opposition to this as a concerned resident of the City of the installation of a statue of Christ Council be sympathetic to the emotions Just to a particular religious group. nance be postponed until after the new ordinate was Rabbi Jacob Isaacson, speaking Corpus Christi, Rabbi Isaacson objected to on public property and requested that the of all who aro residents of the City -- not He requested that this reading of the ordl- Council Is Installed. Mr. Steven Fischer also expressed opposition to the erection of this statue on public property, pointing out that a statue of Jesus Christ can only be inter- preted es a symbol of Christianity, and he stated that he Is concerned primarily with maintaining separation of church and state, which is guaranteed as a right of the citizens of the United States. Speaking in favor of the ordinance was Mrs. Dorothy Bourg Spann, who stated that according to a definition of Christ that she had hoard from several sources, Jesus Christ was on historical and political figure. Mrs. Spann stated that she has no concern about the installation of such a statue, because of that definition. The next citizen speaking In opposition to the Installation of the statue was Mr, Clifford Cosgrove, 3320 Olsen, who stated that he believes In the Christian Minutes Regular Council Meeting February 28, 1979 Page 18 religion but is opposed to the erection of a statue of Christ in the Bay or anywhere else, because as he interprets the Bible, Christ repeatedly admonished his followers against graven images. Mr. Cosgrove summarized his statements by indicating that he felt that the installation of a statue of Christ would be in violation of the scrip- ture of the Bible. Mr. Bill Rankin, who stated that he is a professor and a practicing Christian, expressed admiration of his Jewish brothers, but indicated that he is concerned with this issue because It would be placed in the Bay and he felt that the Bay should be left in its natural condition. He also stated that he is opposed to locating the barge restaurants in the Bay, the location of the Yacht Club, and the other business activity along the bayfront. *City Manager Townsend explained to the Council that he had a flight reser- vation shortly and requested that Assistant City Manager Archie N. Walker assume his place during the remainder of the meeting and departed the meeting at 5:50 p.m. Also expressing opposition to the erection of the statue in the Bay was Mr. Jack Solka, 501 Bermuda, who requested that any further action be tabled by this Council. Mr. Solka questioned the proposed five-year lease which he felt would be inadequate for such an expensive work of art. He also stated that he understood that a small plaque would be placed on the site disclaiming the intent of the City of any religious purposes in allowing the erection of the statue of Christ. Mr. Solka pointed out that such a small plaque could not be seen by many people. Mrs. Shirley Horowitz, 325 Doddrldge, stated that although she is speaking against the statue as a private citizen, many citizens have expressed their opposi- tion to her. She stated that she feels that the public land belongs to all of the citizens -- not just the Christian community. Mrs. Horowitz urged the Council delay the second reading of the ordinance and allow the incoming new Council to deal with the problem. Council Member Diaz expressed the opinion that he would be negligent in his duty to evade the issue when it has been presented to this Council. Further discussion followed among the Council Members. Council Member Holt stated that he had a previous commitment at 6:30 and would have to leave soon but reaffirmed his statement made earlier by stating that he is not opposed to the M s Regular Council Meeting February 28, 1979 Page 19 statue in the Bay; expressed the opinion that Dr. Coleman's work is outstanding; but he just feels that the matter has not been handled properly and the City will lose the lawsuit, which is his primary concern. City Attorney Aycock explained the procedure followed in connection with the installation of the statue and stated thatthere is always room for improvement in the handling of any matter`,t'hb , t ndoes ot.feel that hisoffioe hat made any fatal - �ub�•7r' t Rte, r- errors. He exiilained'ehat•he,hodiprepai'ed,the ordinance' that•-was'before the Council last week, as well as the motion-'to'amend which was presented' this week. Mr. Aycock pointed out that in the publication following last week's reading of the ordinance, it was clearly established that a tract on Sunfish Island was the proposed site for the statue. City Attorney Aycock then referred to the effort made to obtain an opinion from the Attorney General and reminded the Council that documents were presented to this state office that fully covered everything concerned with the matter. He stated that Mr. Alberts could certainly have presented to the Attorney General the same arguments that he has presented to the Council the past few weeks. Mr. Aycock stated that the Attorney General stated in his opinion that property could be leased for a religious statue. Mr. Aycock expressed the opinion that he did not think that the preparation was so erroneous that the City would lose a lawsuit and he felt that the question is whether or not there is deliberate intent of this Council to inten- tionally show a religious preference. "`Council Member Holt departed the meeting at 6:15 p.m. Speaking in opposition to the statue was Ms. Helen Wilk, 260 Cape Aron, who It' stated that the installation on public property is' an infr;ifigOriieit';oi'he'separation of church and state right.` :M14: Wilk' stated 'that' She is Jewis Beni !ihls;excludes her • 1'b _ ' �i 3 tA•. from her public property. 'She' indicated that the naming of tli,T;s ,C.ity'was done many years ago by,an explorer in an entirely different era and' climate; this'is a differ- ent society; and there is no official religion in the United States. Ms. Wilk noted that the Corpus Christi Cultural Council had offered to pay the City $50 per year for a site to beautify the City and plan to install a statue on Sunfish Island. She then made a firm offer of $100 per year for the same site, also to beautify the City, and she planned to leave the island just as it is, which in her opinion, would be the best way to beautify the City. Minutes Regular Council Meeting February 28, 1979 Page 20 Assistant City Manager Walker noted that there is a need to approve several motions to amend other ordinances prior to the voting on the ordinances and presented to the Council motions to amend the Gault Aviation lease and the two leases on the barge restaurants. Motion by Juarez, seconded by Gulley and passed unanimously that the ordinance authorizing a contract with Roger L. Gault d/b/a/ Gault Aviation, the County of Nueces, State of Texas, read on the first reading on January 3, 1979 and as amended on its second reading on February 21, 1979, be further amended prior to its third -reading by providing the following changes in the lease: 1. By adding the following paragraphs to Article 111, Construction of Hangars: Gault will begin construction of an additional hangar, as noted above, within one year of the date of the completion of the ramp extension by the City, failing which hangar construction, this lease shall terminate on the 14th day of July, 1990. Twelve months after date of the completion of the ramp extension by the City, if Gault has not begun construction of an additional hangar as promised, then Gault will pay as liquidated damages to the City the amount of money the City paid towards construction of the ramp extension in front of the leased premises. At Gault's option, liquidated damages may be paid in five equal annual installments without interest with the first such installment to be due immediately. Gault will also continue to pay ground rent on the space set aside for the new hangar but not used for that purpose. Also, in the event of such failure to construct the hangar within one year as noted above, the City reserves the right to repossess the ground space not used for the new hangar should another tenant be obtained for such property, in which event Gault would stop paying ground rent and would not incur any further lia- bility for unpaid installments on the ramp assessment. 2. Add the following language to the third paragraph on page 6 regarding the fuel flowage fees being set by ordinance: City will put this same clause in any renewal, amendment, or extension of any other existing fixed base operator lease as well as any other new fixed base operator lease. 3. Add a paragraph 10. on page 7 under Article VI to read as follows: City reserves the right to change the base date of July, 1960 referred to above in the event that the City makes the same change in any other existing or new fixed base operator leases. 4. By inserting the word "ground" between the words "prevent" and "entry" under Article XI, page 11, so that the first sentence of that paragraph shall henceforth read: Gault shall provide for the security of the air operations area to prevent ground entry or movement'of unauthorized persons in accordance with Section 9-32 of the City Code of Corpus Christi, Texas, and any regulations imposed upon City by the Federal Aviation Administration. Motion by Juarez, seconded by Gulley and passed unanimously, that the ordi- nance authorizing the City Manager to execute an agreement to contract and a five M. zs Regular Council Meeting February 28, 1979 Page 21 (5) year lease agreement with the "1908 Wharf Corporation" for the establishment of a barge restaurant to be located at the Cooper's Alley L -Head, read on the first of three readings on January 31, 1979, be and the same is hereby amended prior to its second reading as follows: A. Amend paragraph I of the Agreement to Contract to hereafter read as follows: "I Establishment of Barge Restaurant. The Second Party shall acquire, construct, and diligently make all preparations for equipping, manning and fully establishing a barge restaurant which is to be open for business to the public and located as follows, to wit: On the east side of the Cooper's Alley L -Head as shown by plat attached hereto and incorporated herein by reference." B. Amend paragraph VII of the Agreement to Contract to delete references to "People's Street T -Head" and substitute In place thereof "Cooper's Alley L -Head." C. Amend paragraph VIII of the Agreement to Contract to delete references to "Peoples Street" and Peoples Street T -Head" and substitute in place thereof "Cooper's Alley" and "Cooper's Alley L -Head," respectively. D. Amend paragraph XIV of the Agreement to Contract to hereafter read as follows: "XIV. Liquidated Damages. In the event that Second Party fails to execute the lease attached hereto as Exhibit A and said barge restaurant is not ready to open for business and fully capable of operation by December 31, 1980, then the Second Party's bid security of $1,000 shall be forfeited to the City as liquidated damages." E. Amend paragraph 1 of the Lease Agreement to hereafter read as follows: "I. Demised Premises. City hereby leases to Second Party the following: Sufficient berthing space on the east side of the Cooper's Alley L -Head to accom- modate the barge restaurant and related site improvements all as more fully shown on the attached plat, which is incorporated herein by reference." F. Amend paragraph IV of the Lease Agreement to hereafter read as follows: "IV. Rental. Second Party shall pay each month to the City as rental for the above described premises the below listed percentage of the monthly gross receipts for the barge restaurant, or the below listed minimum monthly amount, whichever is greater: 0-24 months 25-36 months 37-48 months 49-60 months 01 0% or $400.00 01 0% or $525.00 01 0% or $535.00 01 0% or $550.00 The first monthly payment shall be due and payable on or before the tenth day of the month next following the month, or portion thereof, in which the res- taurant first opens for business. Subsequent rental payment shall be due and payable monthly on or before the tenth day of each calendar month thereafter." G. Amend paragraph VII (c) of the Lease Agreement to hereafter read as follows: "(c) All employees shall be covered by Workers' Compensation insurance, Minutes Regular Council Meeting February 28, 1979 Page 22 carried at the expense of Second Party. Second Party shall also carry at its own expense any additional insurance deemed necessary by the City Attorney to insure against potential maritime related liability." H. Amend paragraph XIII of the Lease Agreement to delete references to the Peoples Street T -Head" and substitute in place thereof "Cooper's Alley L -Head." I. Amend paragraph XIV of the Lease Agreement to delete references to the "Peoples Street T -Head" and substitute in place thereof "Cooper's Alley L -Head." J. Add new paragraph XXV to the Lease Agreement to read as follows: "XXV. Rent Abatement. The monthly rental will be abated during the time that the barge restaurant ceases business operations (1) in preparation for movement to a safe moorage in accordance with its hurricane preparedness plan, (2) in preparation for movement whenever the City exercises its option under paragraph VI, or (3) whenever the barge restaurant is rendered substantially unusable because of damage resulting from fire, water, wind, or -force majeure." * * * * * *•* * * * * * Motion by Juarez, seconded by Gulley, and passed unanimously, that the ordinance authorizing the City Manager to execute an agreement to contract and a five (5) year lease agreement with the "Pelican's Pleasure," d/b/a "Captain Boomer's" for the establishment of a barge restaurant to be located at the Peoples Street T -Head, read on the first of three readings on January 31, 1979, be and the same is hereby amended prior to its second reading as follows: A. Amend paragraph IV of the Lease Agreement to hereafter read as follows: "IV. Rental. Second Party shall pay each month to the City as rental for the above described premises'the below listed percentage of the monthly gross receipts for the barge restaurant, or the below listed minimum monthly amount, whichever is greater: 0-36 months 37-60 months 01.0% or $500.00 01.5% or $700.00 The first monthly payment shall be due and payable on or before the tenth day of the month next following the month, or portion thereof, in which the restaurant first opens for business. Subsequent rental payment shall be due and payable monthly on or before the tenth day of each calendar month thereafter." B. Amend paragraph VII (c) of the Lease Agreement to hereafter read as follows: "(c) All employees shall be covered by Workers' Compensation insurance, carried at the expense of Second Party. Second Party shall also carry at its own expense any additional insurance deemed necessary by the City Attorney to insure against potential maritime related liability." C. Add new paragraph XXV to the Lease Agreement to read as follows: "XXV. Rent Abatement. The monthly rental will be abated during the time that the barge restaurant ceases business operations (1) in preparation for movement to a safe moorage in accordance with its hurricane preparedness plan, (2) in prepara- tion for movement whenever the City exercises its option under paragraph VI, or (3) whenever the barge restaurant is rendered substantially unusable because of damage resulting from fire, water, wind, or force majeure." City Secretary Read polled the Council for their yotes on the ordinances, and the following ordinances were passed: Min Regular Council Meeting February 28, 1979 Page 23 FIRST READING: AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, ENTITLED ANIMALS AND FOWL, BY AMENDING SECTION 6-27, EXCEPTIONS TO DISTANCE, NUMBER AND STRUCTURAL REQUIREMENT REGULATIONS, TO PROVIDE FOR AN EXCEPTION TO THE PROHIBITION OF KEEPING AND MAINTAINING AN ADDITIONAL CLASS OF LIVESTOCK WITHIN THE CITY UNDER CERTAIN CONDITIONS, AND PROVIDING FOR AN EXCEPTION TO THE MAXIMUM COMBINED NUMBER OF ANIMALS PERMITTED TO BE KEPT AND MAINTAINED WHEN SUCH ANIMALS ARE KEPT AND MAINTAINED UNDER THE SPONSORSHIP OF AND FOR THE PURPOSE OF VOCATIONAL TRAINING BY EDUCATIONAL INSTITUTIONS, BY ADDING THE PHRASE "CLASS OF LIVESTOCK" TO THE TITLE OF SAID SECTION, AND BY ADDING A NEW PARAGRAPH (g) TO SAID SECTION SO AS TO READ AS HEREINAFTER PROVIDED; PROVIDING FOR PUBLICATION. 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". SECOND 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 second time and passed to its final reading by the following vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample voting "Aye"; Holt, "absent". SECOND READING: AUTHORIZING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AMENDED LEASE AGREEMENT, EXTENDING THE ORIGINAL LEASE TERM OF ELEVEN (11) MONTHS TO A TERM OF FIVE (5) YEARS, WITH THE JOHNNY RODRIGUEZ LIFE ENRICHMENT CENTER, FOR A RECREATION CENTER FOR THE HANDICAPPED IN GREENWOOD PARK, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, A SUBSTANTIAL COPY OF SAID AMENDED LEASE AGREEMENT BEING ATTACHED HERETO, MARKED EXHIBIT,"A". The foregoing ordinance was read for the second time and passed to Its flnal reading by the following vote: Lozano, Gulley, Diaz, G111, Juarez and Sample voting "Aye"; Holt, "absent". ORDINANCE NO. 14786: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS, BY THE CONSTRUCTION OF SIDEWALKS AS FOLLOWS: CASA DE MANANA AREA 1. OLD BROWNSVILLE ROAD, NORTH SIDE, FROM CASA DE MANANA, UNIT 1 TO CLIFF MAUS DRIVE 2. BEAR LANE, NORTH.SIDE, FROM OLD BROWNSVILLE ROAD TO NAVIGATION BOULEVARD IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,, TEXAS; REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENT SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter,Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, G111, Juarez and Sample voting "Aye's; Holt, "absent". Minutes Regular Council Meeting February 28, 1979 , Page 24 ORDINANCE NO. 14787: APPROVING AND ADOPTING THE WRITTEN STATEMENT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: CASA DE MANANA AREA 1. OLD BROWNSVILLE ROAD, NORTH SIDE, FROM CASA DE MANANA, UNIT 1 TO CLIFF MAUS DRIVE 2. BEAR LANE, NORTH SIDE, FROM OLD BROWNSVILLE ROAD TO NAVIGATION BOULEVARD; DETERMINING AND FIXING THE PORTION OF SAID COST T6 BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY,•THE PORTION THEREOF TOBE PAID BY THE CITY OF CORPUS CHRISTI; DETER- MINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD ON MARCH 28, 1979, AT 3:00 P.M., IN THE CITY COUNCIL CHAMBERS, AT CITY HALL, 302 SOUTH SHORELINE, IN THE CITY OF CORPUS CHRISTI, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample voting "Aye"; Holt, "absent". THIRD READING - ORDINANCE NO. 14788: 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 third time and passed finally by the following vote: Lozano, Diaz, Gill, Juarez and Sample voting "Aye"; Gulley, "Nay"; Holt, "absent". ORDINANCE NO. 14789: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH M. J. HOT MIX CORPORATION, DEVELOPER OF SOLAR ESTATES SUBDIVISION, UNIT 3, WHEREBY THE CITY WiLL REIMBURSE THE DEVELOPER FOR ONE-HALF THE COST OF CONSTRUCTION OF STREET IMPROVEMENTS AROUND THE DEDICATED PARK WHICH IS BOUND BY RAIN MIST LANE, SUNSHINE AVENUE AND MOONGLOW LANE IN SOLAR ESTATES SUBDIVISION, UNIT 3, A SUBSTANTIAL COPY OF WHICH AGREEMENT `IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND THE SUM OF $20,328.88 FOR THE CITY'S SHARE OF CONSTRUCTION COSTS APPLICABLE TO PROJECT NO. 220-72-65, SOLAR ESTATES SUBDIVISION, UNIT 3; 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 "Ayes'; Holt, "absent". ORDINANCE NO. 14790: AUTHORIZING THE CiTY MANAGER TO EXECUTE A CONTRACT WITH E. J, NETEK FOR THE CONSTRUCTION OF THE SIDEWALK IMPROVEMENTS ALONG BEAR LANE AND OLD BROWNSVILLE ROAD IN THE AREA OF THE CASA DE MANANA APARTMENTS; APPROPRIATING $27,000, OF WHICH $10,954.17 IS OUT OF THE NO. 220 STREET BOND.FUND AND $16,045.83 IS OUT OF THE NO. 162 FEDERAL/STATE GRANTS FUND, ACTIVITY 4741, CODE 502,.FOURTY YEAR COMMUNITY DEVELOPMENT BLOCK GRANT, OF WHICH AMOUNT $22,663.59 I5 FOR THE CONSTRUCTION CONTRACT AND $4,336'.41 IS FOR ADDITIONAL ENGINEERING, LEGAL ADVERTISING, CONTINGENCIES, INCIDENTAL AND RELATED EXPENSES, APPLICABLE TO PROJECT NO. 220-77-2.5, CASA DE MANANA AREA SIDEWALK 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". M. Regular Council Meeting February 28, 1979 Page 25 ORDINANCE NO. 14791: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH PPG INDUSTRIES FOR SECURITY IMPROVEMENTS TO THE CONCOURSE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, SUBJECT TO APPROVAL FROM THE FEDERAL AVIATION ADMINISTRATION; APPROPRIATING $32,200 OUT OF THE NO. 245 AIRPORT BOND FUND, OF WHICH AMOUNT $29,500 IS FOR THE CONSTRUCTION CONTRACT, $1,200 IS FOR RESIDENT INSPECTION SERVICES, AND $1,500 IS FOR LEGAL ADVERTISING, PRINTING AND INCIDENTAL EXPENSES, APPLICABLE TO PROJECT NO. 245-77-4.1, SECURITY SCREENING/CONCOURSE RENOVATION; 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. 14792: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MILLER AND GRIGSBY FOR THE DEVELOPMENT OF DESIGN PLANS FOR THE REHABILITATION OF THE CORPUS CHRISTI BOYS CLUB POOL, A SUBSTANTIAL COPY OF WHICH CONTRACT I5 ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $7,920 OUT OF THE NO. 162 FEDERAL/STATE GRANTS FUND, ACTIVITY 4741, CODE 502, FOURTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE AFORE- SAID CONTRACT, APPLICABLE TO PROJECT NO. 162-4741-502; 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. 14793: AMENDING ORDINANCE NO. 14571, PASSED AND APPROVED BY THE CITY COUNCIL ON OCTOBER 25, 1978, SO AS TO ADD TO THE PORTIONS OF JOHANNA STREET CLOSED BY SAID ORDINANCE A 2500 - SQUARE FOOT PORTION ABUTTING LOTS B-1 AND 0-2, BOULEVARD ACRES, AS MORE FULLY SET FORTH HEREINAFTER; 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. 14794: CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: PORT AVENUE (M.H. 102) FROM STATE HIGHWAY 286 TO AYERS STREET, AND FINDING AND DETER- MINING THAT PROPERTY ABUTTING SAID STREETS' WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AN ASSESSMENT; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, G111, Juarez and Sample voting "Aye"; Holt, "absent". ORDINANCE NO. 14795: CLOSING THE HEARING ON, STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: 1. SAM RANKIN STREET FROM MARTIN LUTHER KING DRIVE TO WEST BROADWAY BOULEVARD; 2. WINNEBAGO STREET FROM SAM RANKIN STREET TO BROWNLEE BOULEVARD AND FROM NORTH STAPLES STREET TO I.H. 37 FRONTAGE ROAD; 3. LAKE STREET FROM SAM RANKIN STREET TO T. C. AYERS PARK; 4. RAMIREZ STREET FROM NORTH ALAMEDA STREET TO WACO STREET; 5. WACO STREET FROM WINNEBAGO STREET TO MARTIN LUTHER KING DRIVE, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AS ASSESSMENT; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, G111, Juarez and Sample voting "Aye"; Holt, "absent". Minutes Regular Council Meeting February 28, 1979 Page 26 ORDINANCE NO. 14796: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GENE ALLEN AND JAMES R. CAMERON, DEVELOPERS OF THE ALLEN & CAMERON INDUSTRIAL SUBDIVISION, PROVIDING FOR CITY PARTICIPATION IN THE OVERDEPTH CONSTRUCTION OF THE SANITARY SEWER LINE TO SERVE THE SAID SUBDIVISION, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTAN- TIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $8,153.61 OUT OF THE NO. 250 SANITARY SEWER BOND FUND FOR PAYMENT TO THE ABOVE NAMED DEVELOPERS UPON COMPLETION OF CONSTRUCTION AND ACCEPTANCE BY THE CITY, APPLICABLE TO PROJECT NO. 250-72-22, ALLEN & CAMERON INDUSTRIAL SUBDIVISION OVERDEPTH OF SANITARY SEWER LINE; 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. 14797: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CLAUDE CHAPMAN CONSTRUCTION COMPANY, INC., FOR CONSTRUCTION OF THE HIGHWAY 9 SANITARY SEWER IMPROVEMENTS; APPRO- PRIATING $200,000 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, DF WHICH $181,471.50 IS FOR THE CONSTRUCTION CONTRACT, $6,500 IS FOR ADDITIONAL ENGINEERING, AND $12,028.50 IS FOR LEGAL ADVERTISING, INCIDENTAL AND RELATED EXPENSES, APPLICABLE TO PROJECT NO. 250-77-9, HIGHWAY 9 - CORN PRODUCTS ROAD LIFT STATION AND LATERALS; 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. 14798: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SHUR-FLO, INC. AND JOHN G. HOLLAND CONSTRUCTION COMPANY, A JOINT VENTURE, DOING BUSINESS AS SLIPLINERS, FOR THE SLIP LINING OF McARDLE ROAD SANITARY SEWER TRUNK MAIN, SUBJECT TO APPROVAL FROM THE ENVIRONMENTAL PROTECTION AGENCY; APPROPRIATING $1,030,000 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, OF WHICH $998,998 IS FOR THE CONSTRUCTION CONTRACT, $17,837.22 IS FOR RESIDENT INSPECTION SERVICES TO BE PERFORMED BY THE CONSULTING ENGINEER, AND $13,164.78 IS FOR RELATED EXPENSES, APPLICABLE TO PROJECT NO. 250-77-7, MCARDLE ROAD MAIN LINING; 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. 14799: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE ENGINEERING CONTRACT WITH URBAN ENGINEERING FOR RESIDENT INSPECTION SERVICE IN CONNECTION WITH THE SLIP LINING OF MCARDLE ROAD SANITARY SEWER TRUNK MAIN, AS MORE FULLY SET FORTH IN THE ENGINEERING 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 N0. 14800: ANNEXING THE FOLLOWING TRACT OF LAND: AN 8.6 -ACRE TRACT, MORE OR 419, ABSTRACT 570, MADE FOR F. W. SCHAEFFER BY VIRTUE OF LAND SCR! ISSUED TO BEATTY, SEALE AND FORWOOD, IN NUECES COUNTY, TEXAS, AND HEREINAFTER, PURSUANT TO ARTICLE 970a. V.A.C.S., TEXAS, AS AMENDED ARTICLE I, SECTION 2(b): PROVIDING FOR SEVERABILITY; AND DECLARING LESS, OUT OF SURVEY PT NUMBER 1/1046 MORE FULLY DESCRIBED , AND CITY CHARTER, 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". Regular Council Meeting February 28, 1979 Page 27 ORDINANCE NO. 14801: AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND RUPERT HAROLD KRONKE, TRUSTEE, A TRUE COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND EXHIBITS THERETO, AS THOUGH FULLY SET FORTH HEREIN, AFTER DUE NOTICE AND HEARING, FOR THE ANNEXATION OF A TRACT OF LAND, MORE FULLY DESCRIBED HEREINAFTER BY METES AND BOUNDS, SITUATED IN NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, G111, Juarez and Sample voting "Aye"; Holt, "absent". ORDINANCE NO. 14802: AMENDING SECTION 19-171 "LICENSE; FEES" OF ARTICLE VI "MILK AND MILK PRODUCTS" OF THE CORPUS CHRISTI CITY CODE AS AMENDED SO AS TO GIVE THE CITY COUNCIL AUTHORITY TO INCREASE MILK LICENSE FEES DURING THE TERM OF THE LICENSE.; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, G111, Juarez and Sample voting "Aye"; Holt, "absent". ORDINANCE NO. 14803: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF.PELICAN ESTATES, INC. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON'PORTION OF LOTS 1, 2 AND'4 SECTION 29, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS SITUATED IN THE CITY OFFCOPUS CHRISTI, NUECES COUNTY TEXAS, FROM "AT" APARTMENT TOURIST DISTRICT AND "8-4" GENERAL BUSINESS DISTRICT TO "R -1B" ONEFAMILY DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, 6111, Juarez 4nd Sample voting "Aye"; Holt, "absent". City Attorney Aycock Inquired if all of the ordinances were properly before the City Secretary. City Secretary Read verified that all of the ordinances voted upon were properly before the Councli. Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. Margaret Knodell, President of the Women's Shelter, Inc., and Mrs. Sue Dyke, Director of the same organization, appeared before the Council and requested that the Council approve having their request for emergency additional funding for the operation of the shelter on the agenda next week, Mayor Lozano assured them that this matter will be considered as a discussion item by the Councll next week. Minutes Regular Council Meeting February 28, 1979 Page 28 Assistant City Manager Walker reminded the Council of the CETA Consortium Meeting to be conducted Thursday at 1:30 p.m. 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 6:32 p.m. February 28, 1979.