HomeMy WebLinkAboutMinutes City Council - 06/06/1979MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
JUNE 6, 1979
2:00 P.M.
PRESENT:
Mayor Luther Jones
Mayor Pro Tem Edward L. Sample
Council Members:
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
City Manager R. Marvin Townsend
City Attorney J. Bruce Aycock
City Secretary Bill G. Read
Mayor Luther Jones called the meeting to order in the Council Chambers of
City Hall.
Sister Agnes Marie Tengler of Incarnate Word Academy 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.
Mayor Jones stated that a proclamation designating June, 1979 as "AMERICA
NEEDS ALUMINUM MONTH" had been issued.
Mayor Jones recognized Mr. B. E. Beecroft, who was scheduled to make a
presentation on bid security requirements for City construction contracts.
Mr. Beecroft stated that he was speaking as President of the Associated
General Contractors representing the largest group of contractors who bid on City
projects. Mr. Beecroft explained that the contractors have had difficulty with
City bids in that they have not been able to submit bids with bid bonds showing
that they are qualified bidders but are required to submit bid security checks.
He pointed out that all Federal agencies, all State agencies, all counties,
water districts and school districts accept bid bonds rather than bid security
checks. Mr. Beecroft noted that the State Department of Highways and Public
Transportation do not accept bid bonds but they do qualify contractors before
allowing them to bid. He explained that the bonding companies check on the
contractors. Mr. Beecroft admitted that the fact that the contractors provide
a bid bond does not guarantee that they will not make any mistakes in construc-
tion, but pointed out that the bid security checks required by the City do not
guarantee this either. He explained that the contractors prefer the bid bonds
Minutes
Regular Council Meeting
June 6, 1979
Page 2
because there is no cost involved, whereas, the bid security check costs the con-
tractor a percentage of the amount, plus the inconvenience of obtaining the check
just prior to submission of their bids.
Council Member Diaz referred to the request made some time ago by Mr.
Beecroft at which time he had indicated that the contractors were in favor of a
choice between a bid bond and a cashier's check.
Mr. Beecroft stated that AGC had decided that the bid bond only should be
acceptable and that is the reason for their current request.
Council Member Diaz reminded Mr. Beecroft that the Council had authorized
a lesser percentage for the amount of the required bid security check and inquired
if this action had been of any help to the contractors.
Mr. Beecroft stated that this allowed an unqualified contractor to put
up a smaller security check on some of the smaller protects. Mr. Beecroft contin-
ued by stating that under the current requirements of the City for bid security
checks, the contractor had to pay a percentage of the cost of the check, but
primarily they object to the requirement because of the difficulty in obtaining
the check of the proper amount and the crucial time element required to obtain
the check before the bids have to be submitted to the City.
City Manager Townsend informed the Council that the City staff would like
to have some information before a recommendation for a change is made of an exam-
ple of a City that has collected on a bid bond, stating that the City has been
unable to collect on a bid bond.
Mr. James K. Lontos, Director of Engineering and Physical Development,
agreed and stated that that is basically the reason he objects to the bond. Mr.
Lontos stated that he feels that the cashier's check assures that the contractor
is going to carry out the work. Mr. Lontos further informed the Council that the
previous Council instructed the staff to poll a number of contractors and a number
of bonding companies in regard to this matter. He stated that he had sent out a
total of 86 letters but only received 6 replies, and of those replies,2 preferred
a bid bond and a check; 2 wanted just a bid bond; and 2 wanted either a bid bond
or a check.
Minutes
Regular Council Meeting
June 6, 1979
Page 3
Mayor Jones expressed appreciation to Mr. Beecroft for his presentation and
informed him that the Council will consider his request.
Mayor Jones announced the scheduled bid opening on the depository bank
contract for two years for all City deposits and financial activities.
City Manager Townsend asked Mr. Charles Daley, Assistant Director of
Finance, to preside at the bid opening in the absence of Mr. Harold Zick, Director
of Finance.
Mr. Daley explained the procedure for opening the bids, indicating that
there are four different units on which banking institutions could bid. Mr. Daley
then proceeded to open bids from the following banks: Corpus Christi Bank and
Trust, Guaranty National Bank and Trust, and Corpus Christi National Bank.
City Manager Townsend stated that these bids will be analyzed, and a
staff report will be presented next week.
Mayor Jones expressed appreciation to all of the banks submitting bids.
* * * * * * * * * * * * * * * *
Mayor Jones called for the City Manager's Reports.
City Manager Townsend presented the following items with related comments
and explanations and recommended that:
a. Bids be received at 11:00 a.m., Tuesday, June 26, 1979 on the following
budgeted items:
(1) 14 pairs of bunker coats and pants for the Fire Department
(2) 50 replacement galvanized handrails for Wesley Seale Dam
(3) 52,200 pounds of cationic polymer for the Cunningham and Stevens
Filter Plants. Preliminary use of the polymus indicates that
chemical costs for water treatment can be reduced because no
iron and less lime can be used. This bid Is for a six months
supply to continue the test.
b. Bids be received at 11:00 A.M., Tuesday, June 26; 1979 on a rebuilt
diesel engine for the Transit Division to replace an engine that threw
a rod.
Council Member Best inquired about the reason for the damaged diesel
engine and asked If the damage occurred because of poor maintenance or just the
normal failure.
City Manager Townsend replied that he was not sure just what caused it,
but possibly both of these possibilities.
Minutes
Regular Council Meeting
June 6, 1979
Page 4
Mayor Jones suggested that if this was caused by improper maintenance, the
employee responsible might be subject to disciplinary action.
City Manager Townsend explained that in the usual situation, it would be
very difficult to establish responsibility for such action, but in instances where
it is clearly defined as to the responsible party, the City would reprimand the
employee.
c. Budgeted radio equipment be purchased from the following firms on the basis
of low bid meeting specifications:
General Electric Company, Austin
1 additional 450 MHz base station for Vector Control
for office radio contact with field units
3 150 MHz monitor receivers for the Fire Department
to replace units from 11 to 30 years old
* National Marketing, Inc., Little Rock
36 pagers for Radio Maintenance to replace units
currently leased from private companies by various
city divisions. Maintenance Services will lease the
pagers to the using city divisions. The using division
will be charged 50% of existing rates. The pagers will
be amortized in 3 years.
$ 888.00
918.00
$ 1,806.00
$ 8,280.00*
Motorola, Inc., San Antonio
4 450 MHz portable radios for high security police
surveillance part of a grant approved by the City Council
on October 11, 1978 $16,856.20
GRAND TOTAL $26,942.20*
The apparent low bids of $452.76 and $6,858.44 on the second and third items
by Capital Ambulance Supply of Austin did not meet various specifications.
Bids were received from 4 firms.
City Manager Townsend stated that the 36 pagers for Radio Maintenance to
replace leased units will provide a savings to the City in that the City is cur-
rently leasing 26 pagers at a cost of $9,860 per year. Mr. Townsend explained that
this division will in turn lease the pagers to various City divisions.
Council Member Turner asked why 10 additional pagers are recommended for
purchase. City Manager Townsend was unable to provide this information and subse-
quently withdrew this portion of this item from the City Manager's Reports.
*This portion of item "c" was withdrawn, thus reducing this total to $18,662.20.
Minutes
Regular Council Meeting
June 6, 1979
Page 5
d. A contract for rustproofing 116 new 1979 motor vehicles be awarded to
CORPUS CHRISTI MING on the basis of low bid of $14,234.50. Bids were
received from three firms.
Council Member Diaz asked about the life extension of vehicles that are
rustproofed, and City Manager Townsend replied that one or two years are added to
the life of the vehicles when they have been properly rustproofed.
Council Member Best inquired about the possibility of rustproofing the
vehicles at the factory, thus effecting a savings.
City Manager Townsend replied that he felt that this additional rustproof-
ing is required because City vehicles are ordinarily left outside all of the time
and some of them are used under very difficult working conditions. He also stated
that the specifications, as prepared, ruled out the products the car dealers use
for rustproofing.
Mayor Pro Tem Sample expressed the opinion that the cost of rustproofing
the cars is well worth the cost because of the life extension of the vehicles.
Further discussion followed during which it was noted that the police
cars are usually only retained for one year, and Council Member Best suggested
that the vehicles purchased for use by the Police Department only be rustproofed
at the factory.
City Manager Townsend agreed that this could be done the next time bids
are received on new vehicles.
Council Member Diaz agreed with Dr. Best's suggestion that vehicles that
will only be retained by the City for one year might be eliminated from the con-
tract for rustproofing.
Council Member Best suggested that the next time bids are received for the
purchase of vehicles, that further discussion by the Council be scheduled in an
effort to save as much money as possible.
e. A replacement Triplex Riding Greens Mower for the Oso Golf Course be
purchased from Watson Distributing Company, Inc. of San Antonio on the
basis of low bid of $3,955. Bids were received from two firms. Price
comparison shows an increase of 20% since the last purchase in February,
1977.
f. The Choke Canyon Dam Escrow Fund contract with Corpus Christi National
Bank be amended, subject to the approval of the Bureau of Reclamation,
to provide for the disposition of any remaining funds to the Nueces
River Authority and the City in the same proportion as each entity's
contribution to the Escrow Fund.
Minutes
Regular Council Meeting
June 6, 1979
Page 6
9•
Plans and specifications for a second story addition to the Tourist Bureau
Building be approved and bids be received on July 11, 1979. Bids were
originally received in January, 1979, but were rejected because the low
bid of $97,582 was substantially in excess of the $64,500 estimate.
Plans have been revised to reduce the scope of work be deleting the rest-
room facilities on the second floor, reducing office space by eliminating
the cantilever out from the first floor and modifying the stairwell from
enclosed to open. The second story expansion consists of 1,500 S.F. of
office space.
City Manager Townsend provided background information on this expansion
and stated that the Tourist Bureau is located on City land; the Tourist Bureau
obtained donations for the construction of the building, and subsequently, this
building was donated to the City; the Tourist Bureau now leases the building;
there is a need to expand their facilities for the increased convention activi-
ties; and the City feels that since it is construction on public land, the cost
should be borne by the City. He mentioned that the Bureau is temporarily renting
space in the old Nueces County Courthouse.
City Manager Townsend further explained that the plans were prepared with
a cost estimate of approximately $60,000, and the previous City Council agreed to
fund this expansion from the hotel -motel tax fund. He informed the Council that
when the bids were received, they were between 90 and 100 thousand dollars, and
the architect has now eliminated some of the expensive items from the plans, and
the revised plans are now ready to go out for bids.
Further discussion followed in regard to the expansion, and Council Member
Dumphy inquired if the funds for this construction are included in the $91,500
figure which was discussed during the Workshop Meeting, and City Manager Townsend
replied that they were.
The Council indicated that the City should pursue this project.
h. Plans and specifications for Minor Storm Sewer Improvements Contract 1 be
approved and bids be received June 27, 1979. This project proposes installation
of storm sewer lines in Riggan, Keys, Elizabeth, Cloyde, Willard, Headley,
Morgan Avenue, 25th, Archer, Dodd, Gabriel and Christie Streets to correct
neighborhood drainage problems. The improvements were included in the 1977
bond election.
i. Interceptor Sewer 34-A, Section 4 and 34-B, Section 1 from Leopard Street
to Hearn Road be accepted and final payment of $19,560.41 for a total of
$195,604.10 be made to Cactus utility Company. This is a 1977 Bond project.
Participation ($13,750) was provided by the developers of Wood River Subdi-
vision west of Highway 77 for pipe oversizing to provide capacity for
Wood River Subdivision.
Minutes
Regular Council Meeting
June 6, 1979
Page 7
The General Fund be reimbursed $159,196.48 for engineering on various bond
and community development projects for January through April, 1979, and
$144,504.90 be appropriated to supplement $14,691.58 in existing appro-
priations. Reimbursements include: (Street ($110,680), Airport ($2,271),
Sanitary Sewer ($11,255), Animal Shelter ($934), Park ($4,780), Storm Sewer
($21,327), and Community Development Projects ($7,949). The majority of
engineering reimbursements is comprised of street improvement projects
including Ella Barnes Area ($40,842), Lozano School Area ($20,519), and
Washington -Coles Area ($12,361).
City Manager Townsend explained that this item is just to refund money to
the operating fund from the bond fund account. He further pointed out that a large
portion of the budget for Engineering and Physical Development is funded from the
bond fund.
k. An agreement be executed with the State Department of Highways and Public
Transportation giving that agency authority to inspect and survey bridges
within the City. An inventory and appraisal of these bridges will be
developed and furnished to the City at no cost. Federal aid through the
Highway Department may be available to assist in bridge replacement.
1. Authority be granted to submit a grant application to the Coastal Bend
Council of Governments for $7,970 in Title V Multipurpose Senior Center
funds for exterior and interior painting of Lindale and Greenwood Centers.
The local share is $885 and the federal share is $7,085. The local share
is available in the current budget. The Centers are five years old and
in need of repainting.
m. Authority be granted to submit a grant application on behalf of Nueces
County to the Coastal Bend Council of Governments for $12,700 in Title
V Multipurpose Senior Center funds for renovation of that portion of the
old County Building in Robstown which is to be used as a Senior Citizens
Center. A lease for the space was recently approved with the Legal Aid
Society and the Community Action Agency. The local portion of the grant
($1,411) will be provided by Nueces County.
City Manager Townsend stated that Item "n", which pertains to the Woodlawn
area pool and recreation center improvements, will require a lengthy explanation
and asked to withdraw this item at this time temporarily.
o. Value be approved and condemnation proceedings be authorized in the event
negotiations are unsuccessful at the approved value for acquisition of
one parcel for the International Airport -Runway 31 Approach Light System
and $12,000 be appropriated, including closing and other related costs.
The parcel is located on Joe Mireur Road (F.M. 763) between Bear Lane
and the intersection of McGloin and Joe Mlreur Roads and contains 4,576
acres of vacant land. Once purchased, the site will be leased to the
Federal Aviation Administration for relocation of a light system for
instrument landings on the Southeast runway.
City Manager Townsend stated that this involves a tract of land that FAA
requires for the Airport runway guidance lights and equipment. He informed the
Council that the Kelly family owns a large portion of this land; the City needs to
Minutes
Regular Council Meeting
June 6, 1979
Page 8
acquire this small portion; most of the land is not platted; and there may be a
problem in acquiring the necessary parcel. Therefore, the condemnation proceed-
ings were suggested for authorization in the event they are necessary.
Mayor Jones inquired if FAA will be required to retain this land, or if the
land can be farmed after the lighting is installed.
City Manager Townsend replied that the only reason the land will have to
be retained is if FAA requires that the parcel be fenced.
Noting that public hearings on zoning applications are scheduled for 3:30
p.m., City Manager Townsend suggested that the Council might wish to approve the
items discussed and return to Item "n" after the public hearings.
Mayor Jones ascertained that no one in the audience cared to speak in
regard to the City Manager's Reports.
Motion by Diaz that the City Manager's Reports, Items "a" thru "o," with
the exception of Item "n" which was temporarily withdrawn and with the exception
of the portion of Item "c" alluding to the purchase of 36 pagers for Radio Mainten-
ance, which was withdrawn, be approved as presented; seconded by Zarsky; and passed
unanimously.
Mayor Jones announced the public hearing on four zoning applications.
City Manager Townsend announced the public hearing on Application No. 579-1,
Spohn Hospital, for change of zoning from "A-1" Apartment House District to "AB"
Professional Office District on the east side of Second Street, approximately 200
feet north of Elizabeth Street, being Lots 16 and 17, Block 1, Ocean View Addition.
Mr. Townsend informed the Council that both the Planning Commission and the
Planning Staff recommend approval of this request and that in response to the noti-
ces of the public hearing, two in favor and one in opposition were returned. He
then asked Chief Planner Larry Wenger to summarize.
Chief Planner Wenger located the area on the zoning and land use map,
stating that one lot is vacant and the other contains a vacant, multi -family
dwelling on it; described the land use in the surrounding area; showed slides of
the area; and stated that the hospital plans to construct additional parking
facilities.
Minutes
Regular Council Meeting
June 6, 1979
Page 9
City Manager Townsend noted that Mr. Arthur Ramirez was present at the meet-
ing to represent the Planning Commission, and Mayor Jones called for comments from
Mr. Ramirez on this zoning application.
Mr. Ramirez urged that the Council approve this application.
Speaking on behalf of the applicant was Mr. Jesse Westley, of Munroe and
Bass, Inc., who stated that the existing two-family dwelling located on one of the
lots is being torn down. He also assured the Council that Spohn Hospital does not
plan parking on Ocean Drive.
Motion by Diaz that the hearing be closed, seconded by Sample, and passed
unanimously.
Motion by Diaz that the Council concur with the recommendation of the
Planning Commission and approve Application No. 579-1; seconded by Sample; and
passed unanimously.
City Manager Townsend announced the public hearing on Application No.
579-2, Mr. Charles DeCou, for change of zoning from "A-2" Apartment House District
to "B-2" Bayfront Business District, located on both sides of South Water Street
and on the west side of South Shoreline Boulevard, approximately 500 feet north of
Furman Avenue, being Lots 5, 6, 7 and "D", Block 3, and Lots 4, 5 and 6, Block 4,
Rayne Tract.
City Manager Townsend noted that both the Planning Commission and the
Planning Staff recommend approval and that in response to the notices of the pub-
lic hearing, two in favor and one in opposition had been returned.
Chief Planner Wenger located the area on the zoning and land use map,
described the land use in the surrounding area and showed slides of the area. Mr.
Wenger stated that the applicant desires the zoning change in order to facilitate
the possible development of a high-rise apartment -hotel in the area.
Mayor Jones inquired about the type of control the City has over the pos-
sibility that an undesirable business might be installed at this location.
City Manager Townsend explained the various types of businesses that are
allowed in this type of "B-2" zoning and stated that because of the cost of the
Minutes
Regular Council Meeting
June 6, 1979
Page 10
land at this location, a small business would not be very profitable at this loca-
tion.
Chief Planner Wenger reiterated that the owner plans to construct at this
location a future hotel, motel or apartment complex and really has no definite
plans at this time.
Council Member Turner asked if it would be possible to limit the property
to certain business uses.
City Manager Townsend replied that the only way that this could be done
is by approval of a special permit subject to an approved site plan.
Mayor Pro Tem Sample expressed the opinion that the purpose of zoning is
not to grant zoning according to the intended use but grant zoning that would be
the best use for a particular location. Mr. Sample stated that he felt that
"B-2" seemed to be the logical use of this land.
Appearing on behalf of the applicant was Mr. Sam Allen, who displayed a
model and some aerial photographs of this site. Mr. Alien pointed out that no
opposition to this change of zoning was expressed at the Planning Commission
hearing. He noted that with the completion of the Convention Center, there will
be a great need for additional hotel rooms. Mr. Allen also informed the Council
that all other sites on Shoreline are currently zoned "B-2," and this request is
just designed with the contemplation that a hotel will be constructed there in the
future.
No one else spoke in regard to this zoning application.
Motion by Sample that the hearing be closed, seconded by Diaz, and passed
unanimously.
Motion by Sample that the Council concur with the recommendation of the
Planning Commission and approve the zoning of "B-2" for Application No. 579-2;
seconded by Diaz; and passed unanimously.
City Manager Townsend announced the public hearing on Application No.
579-5, Gulf Compress, for a change of zoning from "1-2" Light Industrial District
to "1-3" Heavy Industrial District, located on the west side of Heinsohn Road,
Minutes
Regular Council Meeting
June 6, 1979
Page 11
approximately 550 feet north of Bear Lane, being a 0.23* acre tract of land out of
Lot 2, Cotton Subdivision.
City Manager Townsend informed the Council that both the Planning Commission
and the Planning Staff recommend approval and that in response to the notices of
the public hearing, one in favor was returned.
Chief Planner Wenger located the area on the zoning and land use map,
described the land use in the surrounding area, showed slides of the area, and
stated that the owner wants to use this land for the storage of LPG fuel for
tractors and forklifts.
Speaking on behalf of the application was Mr. Charles Hartman, Manager of
Gulf Compress, who stated that the company plans the storage of LP gas for their
own purposes and it will not be available for resale. Mr. Hartman assured the
Council that the representatives of his company are quite experienced in the use
of LP gas and they will meet all of the Federal, State, City and OSHA requirements
pertaining to the storage of this gas.
No one else spoke in regard to this application.
Motion by Dumphy that the hearing be closed, seconded by Sample, and passed
unanimously.
Motion by Turner that the Council concur with the recommendation of the
Planning Commission and approve the change of zoning to "1-3" for Application No.
579-5; seconded by Diaz; and passed unanimously.
* * * * * * * * * * * * * * *
City Manager Townsend announced the public hearing on Application No.
C579-3, City of Corpus Christi, for change of zoning from "A -l" Apartment House
District to "R -1B" One -family Dwelling District, located on the southwest corner
of Don Patricio Road and Sentinel Drive, being Lots 1 thru 8, Block P, Don
Patricio Subdivision.
Mr. Townsend stated that the Planning Commission agrees with the change
of zoning and recommends approval. City Manager Townsend also informed the Council
that in response to the notices of the public hearing, one in favor and none in
opposition had been returned.
Minutes
Regular Council Meeting
June 6, 1979
Page 12
Chief Planner Wenger located the area on the zoning and land use map, des-
cribed the land use in the surrounding area, showed slides of the area, and stated
that the lots will be used for single-family dwellings. Mr. Wenger also assured
the Council that the owners do not object to the change of zoning.
No one spoke in regard to this application
Motion by Sample that the hearing be closed, seconded by Diaz, and passed
unanimously.
Motion by Best that the Council concur with the recommendation of the Plan-
ning Commission and approve the change of zoning to "R -1B" on Application No.
C579-3; seconded by Sample; and passed unanimously.
* * * * .. * * * * * * * * *
Mayor Jones called for the remaining City Manager's Report, and City
Manager Townsend presented the following item, recommending that:
n. The recommendation of the Park and Recreation Board be approved that the
1972 bond election project for the Woodlawn area pool and recreation
Center improvements be modified to provide a wading pool, remodeling and
expansion of the existing Center by adding a kitchen, crafts rooms, rest -
rooms, a game room and an exercise room.
City Manager Townsend explained that the pool was scheduled to be built
near the end of the project; plans were prepared in 1976; the City went out for
bids and the bids were much higher than anticipated. City Manager Townsend
stated that the plans included an indoor pool; the T. C. Ayers Pool is only one
mile away and is seldom used; and the indoor pool would require the employment
of a lifeguard all year, pointing out that there were no funds for the operation
of the pool even if funds had been available to construct it; therefore, the pro-
ject was delayed.
City Manager Townsend informed the Council that, in an effort to get the
project moving forward again, the Parks and Recreation Department conducted a
public meeting in the neighborhood and determined that the people in the area were
in favor of building improvements rather than the indoor pool. Mr. Townsend sug-
gested that the project be returned to the architect for redesign, with most of
the available funds to be used to expand the Recreation Center. City Manager
Townsend did note that a small wading pool is recommended for inclusion in the
plans.
Minutes
Regular Council Meeting
June 6, 1979
Page 13
Council Member Zarsky inquired about the amount that was included in the
bond program for this project, and City Manager Townsend replied that $175,000 was
included in this portion of the bond program.
Council Member Best noted that $9,000 in architectural fees has already
been spent and asked about the arrangements for additional architectural fees.
City Manager Townsend explained that just the concept is before the Council
at this time, but the staff feels that the architect should redesign the plans to
be within the funds available for the project. He stated that this matter has not
been discussed with the architect and he may be planning to redesign the project
anyway.
Council Member Turner pointed out that the longer the delay, the more
expensive the project will become. Mrs. Turner noted, however, that the wording
on the bond program listed the indoor pool when it was approved by the voters,
and she questioned the ethics of the City modifying the plans. Council Member
Turner suggested that a public notice to that effect might be considered to make
people aware that a change is contemplated.
City Manager Townsend agreed that such a notice could be published.
Mrs. Turner noted that the entire population voted on this project
with the understanding that a swimming pool would be built, and even though
the residents of the neighborhood do not object to the elimination of the pool
plans, she felt that all citizens should be aware of the change in the concept.
Council Member Zarsky inquired as to whether or not the architect who pre-
pared the plans was given a certain amount to work with, and City Manager Townsend
stated that he was. Mr. Townsend indicated that there is a question as to whether
or not the architect should redraw the plans at no cost, since he exceeded the
funds specified for the project.
Motion by Best that City Manager's Report Item "n" be approved.
City Manager Townsend stated that he would like to point out two things
in connection with the sale of bonds, noting that the money can be used to pay
off the bonds; the Council is never in the position of having to sell the bonds;
the bonds for this purpose have been sold; but the Council does not have to award
the contract. He specifid, however, that the money obtained from the sale of
bonds cannot be used for some other purpose.
minutes
Regular Council Meeting
June 6, 1979
Page 14
Council Member Diaz suggested the possibility of holding another public
hearing.
Council Member Turner reiterated that only the residents of that particu-
lar neighborhood were invited to attend the meeting in regard to the change of
plans.
Mayor Jones stated that he did not have any question about this item, and
while he agreed that there is an obligation to the people he feels that the Council
has an obligation to proceed with the plans.
City Manager Townsend called to the Council's attention the fact that there
will be ample opportunity for people to address the Council in regard to this
matter, because it will be on the agenda for Council consideration on at least two
occasions when the item is before the Council to approve the plans and specifica-
tions and go out for bids and at the time of bid award.
Council Member Best's motion to approve Item "n" was seconded by Diaz and
passed by the following vote: Jones, Sample, Best, Diaz, Dumphy and Zarsky voting
"Aye"; Turner, abstaining.
Council Member Zarsky suggested that the architect be made aware that
there is a definite budget figure with which he must work.
Dr. Best requested that the Council be provided a list of remaining pro-
jects on all of the bond programs. City Manager Townsend stated that a list of
these projects was provided the Council at the weekend workshop conducted recently,
but that he would be glad to provide Dr. Best with an additional copy.
Mayor Jones called for the ordinances.
City Manager Townsend briefly explained the ordinances.
Mayor Jones ascertained that no one in the audience desired to speak in
regard to the ordinances.
City Secretary Read polled the Council for their votes, and the following
ordinances were approved:
Minutes
Regular Council Meeting
June 6, 1979
Page 15
SECOND READING:
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A FIVE-YEAR LEASE AGREEMENT
WITH THE SOUTHSIDE PONY LEAGUE, LEASING TO SAID SOUTHSIDE PONY LEAGUE A 1.71 -ACRE
TRACT OF LAND IN PRICE PARK FOR THE PURPOSE OF CONDUCTING A PONY LEAGUE BASEBALL
PROGRAM, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF
WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF.
The foregoing ordinance was read for the second time and passed to its third reading
by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting
"Aye"
THIRD READING - ORDINANCE NO. 14936:
ADOPTING NEW AID AMBULANCE SERVICE RATES; PROVIDING FOR SUPPLEMENTARY CHARGES FOR
OXYGEN, INTRAVENOUS INJECTIONS, MEDICATION AND ELECTROCARDIOGRAMS; PROVIDING FOR
REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH, AND PARTICULARLY REPEALING ORDINANCE
NO. 14462; AND PROVIDING AN EFFECTIVE DATE.
The foregoing ordinance was read for the third time and passed finally by the following
vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye".
ORDINANCE NO. 14937:
AMENDING THE CHOKE CANYON DAM ESCROW FUND CONTRACT, AUTHORIZED BY ORDINANCE NO. 13828,
SUBJECT TO WRITTEN APPROVAL BY THE BUREAU OF RECLAMATION, SO AS TO PROVIDE FOR
REIMBURSEMENT TO CITY OF CORPUS CHRIST AND THE NUECES RIVER AUTHORITY OUT OF THE
ESCROW FUND OF ANY REMAINING FUNDS IN PROPORTION TO THE CONTRIBUTIONS TO THE FUND
BY EACH ENTITY; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was approved by the
following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye".
ORDINANCE NO. 14938:
APPROPRIATING A TOTAL OF $144,504.90 AS FOLLOWS:
$109,498.70 OUT OF THE NO. 220 STREET BOND FUND
2,154.48 OUT OF THE NO. 245 AIRPORT BOND FUND
6,012.88 OUT OF THE NO. 250 SANITARY SEWER BOND FUND
933.60 OUT OF THE NO. 267 ANIMAL SHELTER BOND FUND
4,572.45 OUT OF THE NO. 291 PARK BOND FUND
17,254.59 OUT OF THE NO. 295 STORM SEWER BOND FUND
1,730.31 OUT OF THE NO. 162 FEDERAL/STATES GRANT FUND ACTIVITY 4741, CODE 501
2,347.89 OUT OF THE NO. 162 FEDERAL/STATES GRANT FUND, ACTIVITY 4741, CODE 502
TO SUPPLEMENT $14,691.58 REMAINING FROM EXISTING CONTINGENCY APPROPRIATIONS
APPLICABLE TO VARIOUS PROJECTS AS SHOWN ON THE TABULATION MARKED EXHIBIT "A", ATTACHED
HERETO AND MADE A PART HEREOF; AUTHORIZING A REIMBURSEMENT OF $159,196.48 TO THE
NO. 102 GENERAL FUND FOR ENGINEERING SERVICES PROVIDED FROM JANUARY THROUGH APRIL,
1979; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was approved by the
following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye".
RESOLUTION NO. 14939:
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSENT AGREEMENT WITH THE STATE DEPARTMENT
OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PERFORM ON-SITE INSPECTIONS AND SURVEYS
OF BRIDGES UNDER THE JURISDICTION OF THE CITY OF CORPUS CHRISTI UNDER THE PROVISIONS
OF PHASE 1 OF THE OFF -FEDERAL AID SYSTEM BRIDGE REPLACEMENT PROGRAM AND TITLE 23 OF
THE UNITED STATES CODE AS AMENDED BY THE SURFACE TRANSPORTATION ACT OF 1978 FOR THE
PURPOSE OF DEVELOPING INVENTORY AND APPRAISAL DATA LEAVING INTACT ALL RESPECTIVE
RESPONSIBILITIES UNDER THE LAWS OF THE STATE OF TEXAS AND THE PROVISIONS OF THE
CHARTER OF THE CITY OF CORPUS CHRISTI, AS MORE FULLY DESCRIBED IN THE "AGREEMENT
FOR STATE TO SURVEY, INSPECT, APPRAISE AND INVENTORY BRIDGES ON PUBLIC ROADS AND
STREETS', ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
Minutes
Regular Council Meeting
June 6, 1979
Page 16
The Charter Rule was suspended and the foregoing resolution was approved by the
following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye".
ORDINANCE NO. 14940:
AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR A GRANT TO THE COASTAL BEND
COUNCIL OF GOVERNMENTS FOR THE TITLE V MULTIPURPOSE SENIOR CENTERS PROVIDING FUNDING
IN THE AMOUNT OF $7,970 FOR THE PURPOSE OF EXTERIOR/INTERIOR PAINTING OF LINDALE AND
GREENWOOD SENIOR CENTERS, ALL AS IS MORE FULLY SET OUT IN THE APPLICATION, A SUBSTANTIAL
COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING
THE CITY MANAGER TO EXECUTE ALL RELATED CONTRACTS AND OTHER DOCUMENTS NECESSARY IN THE
IMPLEMENTATION OF THIS PROGRAM; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was approved by the
following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye".
ORDINANCE NO. 14941:
AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR A GRANT ON BEHALF OF NUECES
COUNTY TO THE COASTAL BEND COUNCIL OF GOVERNMENTS FOR THE TITLE V MULTI-PURPOSE SENIOR
CENTERS PROVIDING FOR FUNDING IN THE AMOUNT OF $12,700 FOR THE PURPOSE OF ADDITIONAL
RENOVATION OF ROBSTOWN CENTER, ALL AS IS MORE FULLY SET OUT IN THE APPLICATION, A
SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT
"A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED CONTRACTS AND OTHER DOCUMENTS
NECESSARY IN THE IMPLEMENTATION OF THIS PROGRAM; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was approved by the
following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye".
ORDINANCE NO. 14942:
AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
ONE PARCEL OF LAND IN CONNECTION WITH THE INTERNATIONAL AIRPORT -RUNWAY 31 APPROACH
LIGHT SYSTEM PROJECT, NO. 245-72-1; AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO CONDEMN
FEE TITLE TO THE AFORESAID PARCEL OF LAND LOCATED IN NUECES COUNTY, TEXAS, IF AGREEMENT
CANNOT BE REACHED WITH THE OWNERS AND CLAIMANTS AS TO VALUE OF SAID PARCEL, AND DIRECTING
THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE OWNERS TO CARRY OUT
THE INTENTIONS OF THIS ORDINANCE; APPROPRIATING OUT QF THE NO. 245 AIRPORT BOND FUND
$12,000, OF WHICH $11,000 IS FOR ACQUISITION AND $1,000 IS FOR CONTINGENCIES AND
INCIDENTAL EXPENSES RELATED TO CLOSING; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was approved by the
following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye".
ORDINANCE NO. 14943:
APPOINTING ANITA GARZA AS MUNICIPAL COURT CLERK IN CORPUS CHRISTI, TEXAS; FIXING THE
SALARY FOR SAID OFFICE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR REPEAL OF ALL
ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was approved by the
following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye:
RESOLUTION NO. 14944:
DESIGNATING MAYOR LUTHER JONES AS THE CITY OF CORPUS CHRISTI, TEXAS' DIRECTOR -AT -LARGE
TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL LEAGUE PURSUANT TO ART. IV, SECTION
4.1(2) OF THE CONSTITUTION OF THE TEXAS MUNICIPAL LEAGUE AND DIRECTING THE CITY
SECRETARY TO CERTIFY SAID DESIGNATION TO TEXAS MUNICIPAL LEAGUE BY FORWARDING TO THE
LEAGUE A CERTIFIED COPY OF THIS RESOLUTION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was approved by the
following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye".
Minutes
Regular Council Meeting
June 6, 1979
Page 17
ORDINANCE NO. 14945:
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE CONTRACT BETWEEN THE CITY OF
CORPUS CHRISTI AND AL DIONNE AND DALE FALTER, A TRUE COPY OF SAID CONTRACT BEING
ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND INCLUDING EXHIBITS
THERETO, AS THOUGH FULLY SET FORTH HEREIN, AFTER DUE NOTICE AND HEARING, FOR THE
ANNEXATION OF A 10.99 -ACRE TRACT OF LAND, MORE OR LESS, PLATTED AS LOT 1, BLOCK 1,
SOUTH CLARK400D ACRES; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRA-
TERRITORIAL 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 was approved by the
following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye".
ORDINANCE NO. 14946:
ANNEXING A 10.99 -ACRE MOBILE HOME PARK, PLATTED AS LOT L, BLOCK 1, SOUTH CLARKWOOD
ACRES, ACCORDING TO MAP or PLAT RECORDED IN VOL. 36, PAGE 121, MAP RECORDS OF NUECES
COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED HEREINAFTER, SITUATED IN NUECES COUNTY,
TEXAS, PURSUANT TO ARTICLE 970a, V.A.C.S., TEXAS, AS AMENDED, AND CITY CHARTER,
ARTICLE I, SECTION 2(b); PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was approved by the
following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye".
ORDINANCE NO. 14947:
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 SPOHN HOSPITAL BY AMENDING THE
ZONING MAP BY CHANGING THE ZONING ON LOTS 16 AND 17, BLOCK I, OCEAN VIEW ADDITION
SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT
HOUSE DISTRICT" TO "AB: PROFESSIONAL OFFICE 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 was approved by the
following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye".
ORDINANCE NO. 14948:
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 CHARLES DECOU BY AMENDING THE
ZONING MAP BY CHANGING THE ZONING ON LOTS 5, 6, 7 AND "D" BLOCK 3, AND LOTS 4 5,
AND 6, BLOCK 4, RAYNE TRACT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS, FROM "A-2" APARTMENT HOUSE DISTRICT TO "B-2" BAYFRONT BUSINESS 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 was approved by the
following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye".
ORDINANCE NO. 14949:
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 GULF COMPRESS, BY AMENDING THE
ZONING MAP BY CHANGING THE ZONING ON A 0.23+ ACRE TRACT OF LAND OUT OF LOT 2, COTTON
SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "1-2"
LIGHT INDUSTRIAL DISTRICT TO "1-3" HEAVY INDUSTRIAL 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 was approved by the
following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye".
Minutes
Regular Council Meeting
June 6, 1979
Page 18
ORDINANCE NO. 14950:
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH
DAY OF AUGUST, L937, 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 CITY OF CORPUS
CHRISTI, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING LOTS 1 THROUGH 8,
BLOCK P, DON PATRICIO SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES
COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE DISTRICT TO "R -1B" ONE FAMILY 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: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye".
* * * * * * * * * * * * * * * *
Mayor Jones called for petitions or information from the audience on
matters not scheduled on the agenda.
Mr. W. R. Cockrill, 9201 S. Padre Island Drive, addressed the Council in
regard to the lack of sanitary sewer service to his property located there.
He stated that he had appeared before the Council some time ago, at which time
it was his understanding that the Council had instructed City Manager Townsend
to install sanitary sewers there. He stated that Lots 2, 3, 4 and 5 on Padre
Island Drive across from the Oso are the lots that have the problem.
City Manager Townsend explained that the question at that time was whether
the sewer line being laid down to the motel should be extended the distance of
the five or six lots. Mr. Townsend informed the Council that the agreement with
the Council at that time was that if the owners came forth with some participation,
the City should work with them to bring about the extension of the sewer line, and
it was not contemplated that the extension should be laid without any monetary
participation by the property owners. City Manager Townsend further explained
that at that time, Mr. Ken Yarbrough, the attorney representing Mr. Cockrill,
indicated that he would meet with the various property owners to see if they
would participate further in the cost of the line. Mr. Townsend verified that the
City has had no response or a proposal for participation other than the usual $2
per front foot charge for the line. Mr. Townsend then located the property owned
by Mr. Cockrill and pointed out the line that needs to be extended to serve Mr.
Cockrill.
Minutes
Regular Council Meeting
June 6, 1979
Page 19
Mr. Cockrill stated that he and another property owner involved had signed
statements in 1973, 1975 and 1978 agreeing to pay their share of the sanitary
sewer line at a charge of $2 per front foot. He also stated that Mr. Yarbrough
denied that he was to contact the affected property owners.
In rebuttal to this statement, City Manager Townsend informed Mr. Cockrill
that according to the minutes of that Council Meeting and the tape recording,
these were the suggestions to Mr. Yarbrough. Mr. Townsend further stated that
the minutes reflect that the additional cost for the line would be $25,000,
and assured the Council that there was never any indication that the property
owners would do anything to participate in the cost of the line.
Mayor Jones suggested that it would seem in order to have this placed on
the agenda for a future meeting to determine the cost of the extension of the
line to serve Mr. Cockrill's property and who should be responsible for the
expense.
Mr. Lontos, Director of Engineering and Physical Development, informed
the Council that his staff has not made an estimate of the cost of this exten-
sion in some time; the plan for the line was prepared some time ago; but there
is no revised estimate of the current cost.
Mayor Pro Tem Sample suggested that City Manager Townsend explain to Mr.
Cockrill exactly what he must do to obtain service.
City Manager Townsend stated that a previous Council supposedly resolved
the matter with Mr. Yarbrough by requesting that he contact the various property
owners and report back to the Council in two weeks. Mr. Townsend also informed
the Council that the City staff would expect more participation by the property
owners than the required $2 per front foot for this line.
Motion by Sample that this matter be placed on the Workshop agenda for
June 13, 1979 as a discussion item; seconded by Diaz; and passed unanimously.
Mrs. Joyce Daffron, 810 Purdue, addressed the Council in regard to a severe
flooding problem that exists in her block because of improper drainage. Mrs.
Daffron expressed the opinion that the problem was created as a result of the
development of a new subdivision, Castle Park, which is located in that area.
Minutes
Regular Council Meeting
June 6, 1979
Page 20
Mrs. Daffron continued her presentation by displaying photographs that depicted the
badly flooded area. She also stated that she had been told by a City inspector that
Purdue Road would be flooded when the street was closed to enable workers to install
a manhole to serve the new subdivision. Mrs. Daffron also informed the Council that
the street is still flooded; there is a deep ditch adjacent to the street; and this
street is a direct route to the school in the area, which results in a potentially
dangerous situation for the school children walking on the street. Mrs.Daffron also
informed the Council that they have no sidewalks; the drainage is very poor; and
other facilities need improvement.
City Manager Townsend agreed that this area has problems and stated that
he would recommend that the Platting Ordinance be changed to prevent this type of
problem. He explained that according to the Platting Ordinance, a developer is
allowed to develop a series of lots without being required to install curbs, gutters
and sidewalks, if the development is located on a street that is already in exis-
tence and is an established street. City Manager Townsend assured Mrs. Daffron
that the City has just awarded a contract for a new storm sewer down Purdue Street,
and this should solve her drainage problem.
Mr. Lontos verified this and stated that the work order has been issued, and
work on the project should commence within 10 days.
City Manager Townsend informed Mrs. Daffron that he will have the Engineer-
ing Department check the drainage ditch to be sure that the outlet is not blocked.
Mrs. Daffron informed the Council that the residents of her neighborhood
are circulating a voluntary paving petition to request improvements to the street
and for the installation of sidewalks, curbs and gutters.
Mayor Jones reiterated that the work order for the storm sewer has been
issued and the drainage should be corrected upon completion of the project.
Mr. Mike Zepeda, Business Agent for AFSCME, Local 3042, addressed the
Council and presented a petition requesting, under the authority granted under
Article 5154-C, Section 6, of the State Statutes, the following proposals for
City employees: (1) a reasonable cost of living increase; (2) consideration of
Minutes
Regular Council Meeting
June 6, 1979
Page 21
paying dependent medical and hospital insurance; (3) an extra Christmas holiday on
Monday, December 24, 1979; (4) sick leave payment after 90 days; (5) continued
upgrading and reclassification of positions; and (6) setting up the mechanics of
union representation in each department of the City.
City Manager Townsend noted that he had received a letter from Mr. Zepeda
a short time ago requesting Item (6), and he had responded to this request by
letter, copies of which were presented to the Council. Mr. Townsend explained
that Article 5154-C, Section 2, specifies that "It is declared to be against the
public policy of the State of Texas for any such official or group of officials
to recognize a labor organization as the bargaining agent for any group of public
employees." City Manager Townsend, therefore, indicated that he felt that the
request to set up the mechanics of union representation in each department of
the City would be illegal.
Mr. Zepeda took exception to City Manager Townsend's interpretation of
the law in regard to this matter, and pointed out that they do have such under-
standings with cities in other parts of the State.
Speaking on another matter was Mrs. Elizabeth Taylor, 1910 Orange, who
stated that she also has a drainage problem in Flour Bluff, stating that the
flooding in this area has been prevalent since 1975. Mrs. Taylor suggested that
a ditch be excavated and a culvert installed to correct the drainage and carry
the water to Tom Graham Lake. Mrs. Taylor also complained that her tax valua-
tion was greatly increased this year.
City Manager Townsend addressed his remarks to the drainage problem and
informed Mrs. Taylor that even though the City has the right-of-way along the
street in question, the drainage ditch would have to be extended for approxi-
mately one-half a mile. He stated that this will be checked.
There being no further business to come before the Council, on motion by
Diaz, seconded by Sample, and passed unanimously, the Regular Council Meeting was
adjourned at 5:20 p.m., June 6, 1979.