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HomeMy WebLinkAboutMinutes City Council - 08/29/1979MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING AUGUST 29, 1979 2:00 P.M. PRESENT: 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 Pro Tem Edward L. Sample called the meeting to order in the Council Chambers of City Hall. The invocation was given by the Reverend Warren J. Piersol of the Faith Temple. City Secretary Bill G. Read called the roll of required Charter Officers and verified that a necessary quorum was present to conduct a legally constituted meeting. Mayor Pro Tem Sample announced the issuance of the following proclamations: "SUSAN B. ANTHONY DAY" - August 28, 1979, and "JERRY LEWIS MUSCULAR DYSTROPHY TELETHON WEEKEND" - September 2-3, 1979. * * .. * * * * is is * * .. * .. .. .. Mayor Pro Tem Sample announced the receipt of proposals in reference to services in connection with the sale of housing revenue bonds. He explained that each company submitting a proposal would be allowed seven minutes to make a pre- sentation. Proposals were submitted from the following companies: 1. Dain, Kalman & Quail, Inc. Speaking on behalf of this company was Mr. Hale Feinberg, who stated that their proposal is submitted as a joint venture with Bear, Stearns & Company and that they propose to serve as managing underwriters for the proposed issuance of Single Family Mortgage Revenue Bonds by a non-profit corporation acting on behalf of the City of Corpus Christi. Mr. Feinberg provided background information on this company and the scope of their activities. He then introduced Mr. David E. Liddle, one of the Dain, Kalman & Quail staff members who would be assigned to work directly with the City. Mr. Liddle informed the Council that this particular company was the first company to manage and underwrite a $17,500,000 bond issue for the City of Minneapolis SEP 0 419bO MICROFILMED Minutes Regular Council Meeting August 29, 1979 Page 2 which was the first bond issue for a single-family mortgage loan program to be undertaken by any local body in the United States. Mr. Liddle stated that this company had received an AA rating by Moody's, and they feel that they can develop a tailored program for this City. He expressed the opinion that only a full service bank should be employed for this purpose; his company is experienced in this field; they are currently preparing a similar program for Dade County, Florida; and they have their own computer program. Mr. Liddle suggested that the Council consider the possibility of examining the proposals and selecting the best four or five companies; interview representa- tives of those companies to obtain in-depth information; and make their selection at that time. 2. First National Bank of Dallas, Texas Mr. Parks B. Pedrick, Jr., Vice President, Investments, spoke on behalf of this firm and stated that they propose to provide full professional services and facilities as managing underwriter for the issuance of $30,000,000 single-family mortgage revenue bonds through a City created non-profit corporation. Mr. Pedrick stated that although the issuance of single-family mortgage loans is relatively new, the First National Bank has participated in this field; their bank is in constant touch with the financial aspects of such a program; they are the largest bank in the State of Texas; and because of this, they feel that they can provide the most economical program. Council Member Diaz referred to a statement included in this proposal that indicated that the City expects to retain McCall, Parkhurst & Horton as municipal bond attorneys and questioned the City Manager about this, noting that he was not aware that this firm had been retained. City Manager Townsend explained that the letter that was sent to all of the financial institutions did state that the City will retain the right to employ their own legal counsel but did not specify any particular firm. Mr. Pedrick assured the Council that his firm will work with any bonding attorney that the City employs. Council Member Zarsky inquired of Mr. Pedrick as to whether or not the bank has participated in a similar program for any other city, and Mr. Pedrick Minutes Regular Council Meeting August 29, 1979 Page 3 replied that they have participated as a buyer and as an underwriter for the City of Chicago. 3. Giles, Adams & Pate, Attorneys, - Proposal of Howard, Weil, Labouisse, Friedrichs, Inc. and Rotan Mosle Speaking on behalf of Howard, Weil, Labouisse, Friedrichs, Inc., was Mr. Mark Tessier, who stated that this firm has managed over one-half million dollars of this type of financing in the last six months; they are familiar with the pro- cedure; in addition to their other credentials, they have done a lot of financing, including work for the Housing Authority. Mr. Tessier also informed the Council that they have completed a real estate study in regard to the City of Corpus Christi and feel that they can complete the financing within the next 60 days. Mr. Steve Elliott on the firm of Rotan Mosle, San Antonio, pointed out that his company has an office here in the City; they have twelve offices in the State of Texas; and he feels that this will be an advantage when the bonds are sold. Mayor Pro Tem Sample asked for an estimate as to when money would actually be available for loans. Mr. Tessier replied that the bond sale would require approximately 6 or 7 weeks, and he felt that the money would be ready for loan purposes two weeks after that. City Manager Townsend noted that this company has set up the single-family mortgage revenue program for a number of cities, including Midland, Orange, and Baytown, Texas. Council Member Zarsky expressed concern about the intricate procedure that must be followed to set up this program and inquired of Mr. Tessier if he felt that the market will be flooded if all large cities in Texas are setting up similar programs. Mr. Tessier indicated that he did not feel that this would be a problem if a careful review of the market is made before the bonds are offered for sale. He also stated that there is no way to anticipate just what the interest rate will be. Council Member Zarsky also mentioned the possibility that the tax exempt policy of these bonds may be rejected by the government. Mr. Tessier stated that the "grandfather" clause will prevail even if the legislation does prohibit this policy. Minutes Regular Council Meeting August 29, 1979 Page 4 4. E. F. Hutton, Public Finance Group Mr. Charles H. Ziese stated that E. F. Hutton is presenting their proposal for the program in conjunction with Eppler, Guerin & Turner, Inc. He pointed out that the things the Council should consider before making a decision on the finan- cial institution that will handle the single-family mortgage revenue bonds are (1) experience, (2) ability of the management group to meet the needs of the City, (3) ability of the management group to obtain the best interest rate and the best mortgage rate, and (4) the group selected should be familiar with the Texas bond market. Mr. Ziese expressed the opinion that E. F. Hutton meets all of the criteria. He stated that his company had originated this kind of financing in Chicago, Illinois; the form of financing as established by this company has served as an example for other firms; they have been innovative and produced a finer pro- gram than any other company. Also speaking on behalf of this company was Mr. Sidney A. Wooldridge, who stated that they felt that local participation is needed, and E.F. Hutton has 16 offices in Texas; both of the companies involved have offices in Corpus Christi; and this company would be familiar with mortgage lending in this State. Council Member Zarsky asked if they anticipated any difficulty in selling these bonds in Texas. Mr. Ziese replied that this type of market is particularly strong right now; the overall demand for housing bonds is tremendous, particularly in Texas; and expressed the opinion that the Texas bill in limiting the amount of bond money that can be obtained is a conservative approach which would be a plus for the financial institutions. 5. Kidder, Peabody & Co., Inc., and Fred Baker & Associates, Inc. Speaking on behalf of Kidder, Peabody & Co. was Mr. Thomas J. Becker, who informed the Council that the two companies listed have submitted a joint proposal to act as underwriters of the City's program. He explained the scope of their com- pany and stated that they are recognized leaders of finance, particularly in the single-family mortgage business. Mr. Becker assured the Council that his company will be prepared to conduct any feasibility study of the housing market in Corpus Christi that they deem necessary. Minutes Regular Council Meeting August 29, 1979 Page 5 Mr. Becker then introduced Ms. Coralee S. Olicker, who is an Associate of the Municipal Finance Department of their company. Ms. Olicker explained the proce- dure to be followed to offer mortgage loans for single-family housing at low interest rates for the underprivileged. 6. The Lomas & Nettleton Company (This company presented a proposal to act as Mortgage Loan Administrator for and on behalf of the City of Corpus Christi in connection with its proposed program to purchase single-family mortgage loans, the proceeds of which would come from an approximate $30 million issue of tax- exempt Single Family Mortgage Revenue Bonds.) 7. Merrill Lynch and First Southwest Company Mr. Joe Ellis, Senior Vice President of the First Southwest Company, pointed out that this company has participated in financial underwriting for many entities in the State of Texas; they handled the financing for the Dallas - Fort Worth Airport; and explained that Merrill Lynch and First Southwest Company have had a great deal of experience in the housing field. Also speaking in regard to this proposal was Mr. Alfred F. Hurley, Jr., of the Municipal Finance Department of Merrill Lynch. Mr. Hurley assured the Council that they are very experienced in the single-family bond mortgage program, having worked with the City of North Little Rock for a $62 million program. He explained that in working with this city, they drafted all of the necessary docu- ments, directed the feasibility study, and devised a very innovative program. Mr. Hurley stated that they had received AA ratings from Standard and Poors and from Moody's, and they were able to produce the lowest interest rate for the mortgage loans. Mr. Hurley further informed the Council that their company has a 22 -man office in this City, managed by Mr. Robert Hall; they are familiar with the finan- cial situation in both this City and the State; and they are knowledgeable about the legislative aspect of the program. Mayor Pro Tem Sample asked Mr. Hurley about the length of time required to have the money available for loans when they prepared the program for North Little Rock. Mr. Hurley replied that the time required was about four months. Mayor Pro Tem Sample asked about the normal fee the City could expect to pay for their services, and Mr. Hurley replied that their fee is between $18 and Minutes Regular Council Meeting August 29, 1979 Page 6 $20 per $1,000, but the fee would be dependent upon the market. 8. Morgan Guaranty Trust Co. of New York and Texas Commerce Bank Mr. Francis I. Abshire, Senior Vice President of Texas Commerce Bank of Houston, Texas, informed the Council that they are the largest holding company in Texas in connection with deposits, and that Morgan Guaranty Trust Company has the largest staff in the United States and is the fifth largest financial institution in the United States. Mr. Abshire pointed out that a member bank is the Guaranty National Bank in Corpus Christi, which will provide local people to perform research. He expressed the opinion that there is a strong Texas market for this type of single-family housing bonds. Mr. Abshire referred to statements made by some of the other financial institutions that had presented proposals, and stated that his company could perform the necessary tasks associated with the program as quickly as the legal authority allows. 9. Paine, Webber, Jackson & Curtis, Inc., New York Mr. Tom Malarky made the presentation for this company and stated that they are a national firm with offices all over the United States, including seven offices in Texas; they feel that they have the experience in housing financing so that the lowest interest on the tax-exempt revenue bond issues could be obtained; they have performed similar work in Texas; and expressed the opinion that they are well qualified to provide the services needed for the City of Corpus Christi. 10. Saloman Brothers (Presented a proposal but did not make a presentation) 11. Underwood, Neuhaus & Co., Inc.; Rauscher Pierce Refsnes, Inc.; and Corpus Christi National Bank Mr. J. Christian Baker, III, made the presentation for this group and pointed out that they have underwritten more Texas bonds than any company; they have more personnel involved in housing in the State of Texas; and locally, they have the personnel of the Corpus Christi National Bank, under the direction of Mr. John Garner, President. Mr. Baker also stated that he would like to recommend that the firm of M. E. Allison be retained to act as consultant for the City of Corpus Christi. He also assured the Council that his organization will assign one person to work here full time on this project. Minutes Regular Council Meeting August 29, 1979 Page 7 12. Dillon, Read & Co., Inc. City Secretary Read informed the Council that the proposal from this com- pany was received after the presentations had commenced and stated that the delay was created because of the late arrival of the plane on which it was sent. Mayor Pro Tem Sample thanked all of the representatives who had presented proposals and expressed appreciation for all of the time spent in preparing their proposals. He stated that the proposals will be referred to the City staff for their consideration and recommendations. City Manager Townsend stated that the staff could have preliminary comments next week. **********t**..,.,. Mayor Pro Tem Sample announced the public hearing on the contractual annexation of Club Estates Unit 4, located generally south of Saratoga between Everhart and South Staples. City Manager Townsend located the area on the map and stated that the owners had requested the annexation in order to obtain utilities. Mayor Pro Tem Sample ascertained that no one in the audience was present to speak in regard to this annexation. City Manager Townsend pointed out that the road adjoining this subdivision, shown as Snowgoose Road, may not be included in this description; therefore, a separate hearing may be necessary to annex this County road at a later date. Motion by Diaz that the hearing be closed, seconded by Zarsky and passed unanimously. Motion by Diaz that the Council approve the contractual annexation of Club Estates Unit 4, seconded by Turner and passed unanimously. * * * * * * * * .. .. .. ,, * * :. .. Mayor Pro Tem Sample announced the public hearing on the following matter: (b) Request of Airport Transportation Company of Corpus Christi, Inc. for a rate increase as follows: Zone Present Rates: Requested Rates: 1 $3.00 $3.50 2 3.50 4.00 3 4.50 5.25 4 6.00 7.00 5 7.50 8.75 This is an average increase of 16.4%. The company has a five-year fran- chise, ending in 1981, to provide airport limousine service. The Airport Advisory Board recommends that the requested increase be approved. Minutes Regular Council Meeting August 29, 1979 Page 8 City Manager Townsend explained that the City has been divided into five zones for the purpose of charges for limousine service and displayed a map showing the zones and the fares charged for the various zones. He also stated that this service is provided for all areas of the City. Mayor Pro Tem Sample determined that no one in the audience desired to speak on this matter. Council Member Zarsky inquired if the City has adequate limousine service. Mr. Bill Wilder, Airport Manager, stated that he has received only one complaint about the service in the past two years which indicates that the service is more than adequate. Motion by Turner that the hearing be closed, seconded by Zarsky and passed unanimously. Motion by Turner that the rate increase for Airport Transportation Company be approved, seconded by Diaz and passed unanimously. * .. .. .. * .. .. .. .. .. .. .. .. .. * Mayor Pro Tem Sample announced the public hearings on zoning applications scheduled for 3:30 p.m. City Manager Townsend announced the public hearing on Application No. 779-8, Mr. Sammy Kins, for a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lots 8, 10, 12 and a portion of Lot 6 and one- half of the closed alley, Block 75, Brooklyn Addition, located at the southeast corner of Beach Avenue and E. Causeway Boulevard. City Manager Townsend informed the Council that both the Planning Commission and the Planning Staff recommend denial on the basis that the restaurant is permitted under the existing "B-1" zoning. He also stated that there was no response to the notices of the public hearing that were sent to the affected property owners. He then asked Mr. Larry Wenger, Chief Planner, to summarize the case. Mr. 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 "B-4" zoning was requested to allow for the erection of a larger sign than is allowed in "B-1" zoning. City Manager Townsend noted that the crossover of Highway 181 at Beach Avenue is rather hazardous; it is the only crossover for some distance; there may Minutes Regular Council Meeting August 29, 1979 Page 9 be a request to close this portion of the street, but the staff has assured the applicant that they do not plan to recommend the closing of that crossing because they feel that in terms of circulation of traffic on the beach, it is important that this crossing remain open. Mayor Pro Tem Sample called on the applicant to speak. Mr. Sammy Kins displayed a slide depicting the type of Whataburger sign that the company usually installs; no opposition to the sign has been expressed by property owners in the area; the Whataburger Company has indicated that they will not purchase this property if they cannot install the sign; because since this is a high speed area, they are dependent upon the sign to attract motorists. Mr. Kins also pointed out that development on Corpus Christi Beach has been very slow; only four structures have been built in the past 20 years; and he feels that the instal- lation of a Whataburger Restaurant would greatly improve the beach area. Also speaking in favor of the zoning change was Mr. Jerry Yokom of the Real Estate Department of Whataburger, Inc. Mr. Yokom stated that Whataburger considers this street to be a major thoroughfare which would be appropriate for "B-4" zoning. He displayed a slide of the sign and explained that this is their usual 60 -foot sign; this will be the only sign on the property other than very small menu board signs and entrance and exit signs. He informed the Council that the only reason they are requesting the "B-4" zoning is for the erection of the sign. Council Member Turner mentioned that several studies of Corpus Christi Beach had suggested that this area would be an ideal location for a "Fisherman's Wharf" type of operation and inquired of Mr. Yokom if his company might consider changing the design of their facility for this particular location. Mr. Yokom replied that the company has altered their design on occasion but they prefer to retain their usual design since it has become a trademark. He assured the Council that his company would be glad to accept a special permit to allow for the installation of the sign. Mr. Gene Peeples, representing the Planning Commission, informed the Council that the Commission recommended denial of the request because they feel that zoning should not be changed just to accommodate the installation of signs, and they are of the opinion that "B-1" is the proper zoning for the beach area. He stated that he, Minute'. Regular {nun, is Mr •r nq August 71, l570 Page 10 personally, Felt that the sign would be a safety factor to provide ample warning to motorists that they are approaching the restaurant in the event they wish to exit to reach the restaurant. Mr. Peeples stated that he could not speak for the Commission, but that he would be in favor of a special permit for the sign. Mntinn by Dial that the hearing be closed, seconded by Zarsky and passed unanimously. Motion by Best that the Council deny the requested zoning of "B-4" on Application N.,. 779-8 bit in lieu thereof, approve a special permit according to an approved cite plan for the installation of the sign; seconded by Turner; and passed unanimously. City Manager Townsend announced the public hearing on Application No. C879-1, City of Corpus Christi, for a.change of zoning from "R -1B" one -family Dwelling District to "T-16" Mobile Home Park District on Lot 1, Block 1, South Clarkwond Acres, and an 8 -acre area out of Section 402, Abstract 988, the Thomas Gallagher 400 acre Survey located on the east ride of South Clarkwood Road, approxi- mately midway between McGloin Road and Highway 44, Mr. Townsend stated that both the Planning Commission and the Planning Staff recommended approval and that In response to the notices of the public hearing, one in favor and none In opposition were returned. In the momentary absence of Mayor Pro Tem Sample, Council Member Dias, as presiding officer of the Council, aseertalned Chet no one In the audience desired to speak In regard to this genlnu application. Motion by Turner that the hearing be closed, secended by Zarsky and passed unanimously_ Motion by Turner that the Council concur with the re€ommendetlon of the Plan- ning Commission and approve the coning of "T=11I" on Application No. 0879=1; seconded by Dumphyi and passed unanimously, City Manager Townsend announced the public hearing on Application No. 879-2, Tucker Properties, far a change of sorting from "1.2" Light Industrial District to One -family (Dwelling District on Trat A and "B-4" General Business District on Tract R. bath tracts being portions of Lot 1, Section 8, Bohemian Colony Lands, located an the Southwest corner- of Holly and Kostorys Roads. City Manager Townsend pointed ou that both the Planning Commission and the ,fling Staff recommend approval of "R1I9" on Tract A. but that to lieu of "B-4" Minutes Regular Council Meeting August 29, 1979 Page 11 on Tract B, that "8-1" be approved. He further informed the Council that there was no response to the notices of the public hearing. Chief Planner Wenger briefly summarized the application. Council Member Diaz inquired if anyone in the audience wished to speak in regard to this zoning request. Mr. W. W. Whatley, representing the New Testament Christian Church, stated that they had discussed this zoning application and were concerned about the type of business planned for installation on Tract B. Mr. Whatley indicated that the Church would be opposed to this change of zoning if a bar or lounge type of busi- ness is located in their neighborhood. Mr. Wenger explained that a bar could be installed on this property under the existing zoning, and approval of the zoning request would not prohibit or allow more objectionable use. No one else spoke in regard to this application. Motion by Diaz that the hearing be closed, seconded by Zarsky and passed unanimously. Motion by Diaz that the Council concur with the recommendation of the Planning Commission and grant the zoning of "R -1B" on Tract A and "B-1" on Tract B for Application No. 879-2; seconded by Turner; and passed unanimously. City Manager Townsend announced the public hearing on Application No. 879-3E, Mr. Ray Patrick, for an exception of the Standard Screening Fence Requirement along the east property line on Lots 1, 2, 3 and 4, Block 2, Suntide Industrial Subdivision, located at the northeast corner of Suntide Road and Bearden Drive. City Manager Townsend stated that the Planning Commission recommended appro- val, and the Planning Staff recommended denial because they were of the opinion that the ordinance should be followed whereby construction may be deferred in instances where adjacent properties are vacant by executing a contract with the City to deposit money equivalent to the cost of the fence construction and this money would be held in an interest bearing account to be used at such time as the fence is constructed, or it will be refunded to the applicant. Mr. Townsend informed the Council that in Minutes Regular Council Meeting August 29, 1979 Page 12 response to the notices of this public hearing, two in favor and none in opposition had been returned. Chief Planner Wenger briefly summarized the zoning case. No one spoke in regard to this application. Motion by Diaz that the hearing be closed, seconded by Dumphy and passed unanimously. Mr. Peeples of the Planning Commission made a few comments in regard to this request and stated that the Commission noted that it is very unlikely that the pro- perty behind this tract would be developed as residential, and they, therefore, did not feel that the screening fence would ever be necessary. Motion by Dunphy that the Council concur with the recommendation of the Planning Commission and approve the exception to the screening fence for Application No. 879-3E; seconded by Diaz; and passed unanimously. * * ........ * * t; ,. *.,.... City Secretary Read informed the Council that three more proposals for the Single Family Mortgage Revenue Bond Program had been received during the foregoing hearings, explaining that the reason they were late was due to the fact that the flight on which they were sent air express had been delayed. Mr. Read stated that proposals had been received from The First Boston Corp.; Loeb, Rhoades Shearson; and Smith Barney, Harris Upham & Co., Inc. He informed the Council that a total of 14 proposals had been received. City Manager Townsend emphasized that these proposals do not constitute the usual bid form and there is a need to study the proposals to determine which would be the best for the City. He stated that he will ask the Director of Finance for his comments on the proposals and provide a report for the Council pertaining to the com- panies involved. Mr. Townsend suggested that the staff could prepare a summary with a recommendation for consideration of possibly from three to five companies, follow- ing which the Council could determine the best proposal and select a company to work with on this program. City Manager Townsend indicated that he felt that if the bonds could be sold quickly and the money made available for loans before Congress acts to possibly dis- continue this program, the concerns about the "grandfather clause" would really not Minutes Regular Council Meeting August 29, 1979 Page 13 be involved. He informed the Council that several cities that have been involved in this program had been contacted by the staff and presented them with copies of this report. He reiterated that the staff will make a recommendation in one or two weeks and suggested that the Council might wish to discuss the proposals in depth with some of the companies but pointed out that this would create further delays. Mayor Pro Tem Sample stated that he would like to have a report from the staff, following which the Council could make a decision. City Manager Townsend stated that the staff did intend to retain the M. E. Allison firm as consultants on this program, and they are prepared to assist on the selection of a company. Council Member Turner suggested that the Council request that the staff pre- sent a recommendation including no less than three and no more than five companies to be considered for the preparation and operation of the program. Council Members Diaz and Best indicated their concurrence with this suggestion. Mayor Pro Tem Sample stated that it was a consensus of the Council that this suggestion should be followed. Council Member Diaz reminded the Council that Mr. Larry Adams has asked for the opportunity to make a presentation on this matter some time ago and he did not feel that the Council had granted him this request. Mayor Pro Tem Sample expressed the opinion that Mr. Adams has had an adequate opportunity because his firm had just made a presentation on their proposal at the same time the other companies did. Council Member Dumphy stated that the City must have this program under way by April 25, 1980, if the bill passes, and suggested that the program be started as soon as possible because of the pending legislation pertaining to the program. Council Member Turner stated that she felt that the Council should have a recommendation from the staff by September 12. City Manager Townsend stated that the staff recommendation will be based on the experience of the company involved, the scope of the project that they propose, and the key factor will be the lowest total cost to the City. He assured the Council that this report would be prepared for next week. Council Member 1irner requested that this report on the criteria to be uti- lized be prepared so that comparatives could be made between the various companies. Minutes Regular Council Meeting August 29, 1979 Page 14 City Manager Townsend assured her that every effort will be made to do this. Council Member Zarsky stated that he would like to have the information first on the criteria to be followed so that the Council would be able to have some input in the decision. Council Member Turner indicated her concurrence with this suggestion. Other Council Members did not object to this timetable. * * * * * „ * * * * * * * * * * Mayor Pro Tem Sample called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanations and recommended that: a, A public hearing be held at 2:00 p.m. on September 12, 1979 to close a 20' alley in Block 5, Calallen Townsite. The block is bounded by Middle Lane, Avenue D, W. Buckhorn Street and Calallen Drive. b. Bids be received at 11:00 A.M., Tuesday,September 18, 1979 for 11 exhibit cases for the Corpus Christi Museum. The cases will be used in the Indian Hall as part of the completion of the exhibits in the north building provided in 1977 bond election. c. Bids be received at 11:00 A.M., Tuesday, September 18, 1979 for the repair of the Auditorium's concert grand piano. d. Bids be received at 11:00 a.m., Tuesday, September 18, 1979 for 70 pairs of bunker coats and pants for the Fire Department. e. A 1,040 and a 220 gallon per minute submersible pump be purchased from PROCESS ENGINEERED EQUIPMENT COMPANY, Corpus Christi, on the basis of low bid of $5,448.62. Bids were received from two firms. One pump will be used at the Oso Wastewater Treatment Plant to convert a storm water clarifier to a final clarifier to improve biochemical cxygen demand and suspended solids reductions and the other for transferring sludge to an aerated lagoon to be constructed to stabilize sludge prior to subsurface injection. These are interim improvements needed during construction of plant improvements to provide minimum acceptable treatment. f. The Lozano School Area Street Improvements Project be accepted as complete and final payment of $107,544.72 for a total of $669,443.68 be made to M & M CONSTRUCTION COMPANY. This street reconstruction project was funded by 1977 Street Bond money and the 3rd Year Community Development program, and consisted of the reconstruction of 2.1 miles of streets in the Lozano School area. The Contractor exceeded the specified number of working days by 21. It is recommended that a nine day extension be allowed for work added to the contract by change order and that twelve days liquidated damages be charged at $100 a day. It is further recommended that: (1 ) (2) The final assessment roll on the Lozano project be adopted providing for 298 items and a total assessment of $176,391.13. This is a reduction of $9,698.70 from the preliminary assessment roll due to rezoning of 24 properties. The final assessment roll for Betel Street Improvements be adopted. The roll consists of 25 items totalling $14,920.60 an increase of $2,420.58 over the preliminary roll because of driveway changes requested by abutting property owners. Betel Street from Burnet to the Crosstown Expressway was added to the project by change order. Minutes Regular Council Meeting August 29, 1979 Page 15 9• Urban Engineering be authorized to prepare the application for Federal assistance for the first phase of work on the Allison Wastewater Treatment Plant Improvements. Scope of work includes preparation of the Step 1 (planning phase) application to be submitted to the Environmental Protection Agency which includes a plan of study. Upon approval of the Step 1 grant, an Environmental Assessment, Facility Plan and Infiltration/Inflow Analysis will be prepared. An appropriation of $3,725 is needed for the work. h. Grant applications be submitted to the Environmental Protection Agency on the following projects: (1) Step 3 (construction phase) for the two remaining plant improvement contracts at the Oso Wastewater Treatment Plant and for Phase 1 of the McArdle Road Sewer Sliplining project. The total estimated cost for both projects is approximately $13,000,000 with the Federal share being 75% and the City's share 250. The two Oso contracts provide for rehabilitation of bar screens, clarifiers, buildings, pipings, and valves. Additional new facilities will be constructed replacing those to be abandoned. Also included will be the construction of a new sludge handling system. The sliplining of the first phase of the McArdle Sanitary Sewer Line from Prince to Holmes is now under construction and is being funded entirely by bonds. The City received prior approval from the Environ- mental Protection Agency for sliplining project indicating the Agency's intention to participate in the Step 3 costs because of the advanced state of deterioration of the line. (2) Step 2 (design phase) for sliplining Phases 2 and 3 of the McArdle sewer line. Phase 2 is from Carroll Lane to Holmes and Phase 3 from Nile Drive to Prince. Estimated cost for design is $152,304 with Federal share (75%) being $114,228 and the City's share (25%) being $38,076. (3) The Contract with Urban Engineering for engineering services for improvements to the Oso Wastewater Treatment Plant be amended to include the Step 3 work for the two remaining plant improvement contracts and $179,506.48 be appropriated for the engineering work. (4) The engineering contract with Urban Engineering for engineering services in connection with the McArdle Road Sanitary Sewer Line sliplining be amended to include design work for phases 2 and 3 of the project. The City has received a Step 2 grant for the first phase of plant improve- ments at the Oso and associated line and lift station construction. This Step 3 grant will provide funds for the remaining plant work and will complete planned improvements and enlargement. The McArdle sliplining is necessary to prevent further corrosion and cave-ins and will enable the street to be widened as planned. The City's share of cost will come from bonds approved in 1972 and 1977. i. A revocable easement be granted to the Exxon Corporation for placing a 4#" diameter steel pipeline across Laguna Shores Road in Flour Bluff 2155' north of Lola Johnson Road. The pipe would be a low pressure pipeline carrying oil, gas and other petroleum hydrocarbons and will be installed by boring. A fee of $110 will be charged for the easement as provided in the City Code. Minutes Regular Council Meeting August 29, 1979 Page 16 j• $3,500 be appropriated out of the Animal Shelter Bond Fund for additional work necessary for the installation and use of the euthanasia cabinet at the animal pound. The work includes widening the concrete walkways around the animal pens to accommodate the cart for the euthanasia unit, constructing an asphalt walkway from the pens to the building housing the cabinet, installation of 2 exhaust fans in the cabinet building and swivel casters on the chamber cart and related expenses to place the system in operation and training the personnel in the proper use of the unit. This work is part of the 1977 Bond Election improvements to the animal pound. k. A permit be granted McMoRan Exploration Co. to drill an 11,500 ft. deep directional well in Corpus Christi Bay. The regular surface location for the State Tract 80 We11 #1 will be 7,700 ft. seaward of Ocean Drive midway between Corpus Christi State University and the Naval Air Station Northgate. No exceptions to the Bay Drilling Ordinance are requested. 1. A lease renewal be approved with the Temet Corporation for 6,622 square feet in the Nueces Building (previously the Jones Building), for 12 months commencing October 1, 1979, and terminating September 30, 1980, at $3,973.20 per month for the CETA Administration offices. The number of square feet being leased will increase by 1,438 to accommodateadditional personnel for the Employment Opportunity Pilot Program. the per square foot rent is increasing from $.42 to $.60. In return, the lessor will renovate the offices including heating and air condition the restrooms, correct lighting inadequacies, paint and panel the walls, replace floor coverings and provide regular janitorial service. Council Member Turner noted that the City seems to be in the position of spend- ing large amounts to rent space in other buildings and asked about the plans that were prepared some time ago for an addition to the City Hall. City Manager Townsend stated that the existing building was constructed in the early 1950's and was financed by bonds. Council Member Best pointed out that the City spends $120,000 for rent of space and asked for an estimate of the cost of a new City Hall. City Manager Townsend replied that $7,000,000 was the estimated cost for 80,000 additionalsquare feet, and it had been determined that the original plan for enlarging City Hall would still accommodate the City offices that now exist. Mayor Pro Tem Sample indicated that he felt that this subject should be con- sidered at length at another time since most of the Council seems interested in pursuing the possibility of constructing additional space for City offices. m. The recommendation of the Insurance Advisory Committee be accepted that aggregate and excess auto and general liability insurance in the amount of $5,000,000 be purchased at a flat annual premium of $290,000 plus 3.85% surplus lines tax or a total of $301,165 through J. Frank Holt & Company, Dallas, Texas. Total coverage will be $6,000,000 as follows: (1) First $1,000,000 - City's self-insurance. (2) Second $1,000,000 aggregate cover - Northumberland General Insurance Co., Toronto, Canada. Minutes Regular Council Meeting August 29, 1979 Page 17 (3) Next $4,000,000 per occurrence/$4,000,000 aggregate, in excess of the first $2,000,000 per occurrence/$2,000,000 aggregate all claims - Excess Insurance Company, Limited, London, England. This was the lowest of four quotations received. It is further recommended that Gallagher Bassett Insurance Service be retained to provide claims service at an hourly rate of $16.75 plus expenses including $.22 per mile and per diem if necessary. The insurance and claims service were offered as a package with one not available without the other. The current month-to- month arrangement for claims service with Lindsey -Newsome Co. will be termi- nated. n. The 1979-80 Budget for the Insurance Fund and Self -Insurance Fund be amended to establish an appropriation of $301,165 for excess automobile and general liability insurance in the amount of $5,000,000. Mr. Townsend referred to Items "m" and "n" and provided background informa- tion in regard to the City's liability insurance, stating that the insurance was cancelled and stated that the reason for the cancellation was because of the City's gas coverage which was never used and was subsequently cancelled by the City. He reminded the Council that at the time the liability coverage was cancelled, the City decided to become self-insured, but at this time, the question of excess coverage needed to be resolved because of the potential of a substantial loss. City Manager Townsend stated that the coverage listed in Item "m" is the recommendation of the Insurance Advisory Committee and the staff agrees with this. o. A van for the Retired Senior Volunteer Program, to replace one wrecked, be purchased from Creveling Motor Company of Corpus Christi on the basis of most advantageous informal bid of $9,381.47. The low bid of $9,004.35 by Tradewinds Ford Sales, Inc. is not recommended because it is based on a 45 to 60 day delivery. The Creveling Motor Company bid is for immediate delivery. The purchase is subject to approval by Action, the funding agency for the Retired Senior Volunteer Program. Action has approved a 100% grant. Only informal bids were solicited because the bids must be sent to Action for their approval by September 5. The legal advertisement requirement for formal bids would not have allowed submission of the bids to Action by that time. Mayor Pro Tem Sample called for comments from the audience on the City Manager's Reports. Mr. Harold Alberts, Wilson Tower, referred to Item "g" and inquired about the anticipated capacity of the Allison Wastewater Treatment Plant after it is improved. Mr. Douglas Matthews, Director of Public Utilities, replied that the pro- posed expansion would accommodate all of the new development in that area. Minutes Regular Council Meeting August 29, 1979 Page 18 Council Member Turner inquired of Mr. Matthews if the equipment that was to be purchased which would be capable of televising sewer lines had been received yet Mr. Matthews stated that the equipment is here; the factory representative was in the City recently to demonstrate the machine; a supervisor for the equipment has not been employed yet; but the Department is training one of their instrument employees to operate the equipment if there is an emergency. He further explained that the equipment is at the Broadway Wastewater Treatment Plant and expressed the opinion that the personnel involved need to become more familiar with the operatioi of the machine before it is placed in use. City Manager Townsend informed Mr. Matthews that the Council would like to have a demonstration of the machine as soon as possible, and Mr. Matthews indicated that this could be arranged. There were no further comments on the City Manager's Reports. Motion by Diaz that the City Manager's Reports, Items "a" thru "o" be approved; seconded by Best; and passed unanimously. ., * „ ., „ ,. * .. .. ,. ., is „ ., ,. .. Mayor Pro Tem Sample called for the ordinances. City Manager Townsend briefly explained the ordinances. In an explanation of the ordinance listed as "m" pertaining to the amend- ment to the contract with Urban Engineering for services in connection with the improvements to the Oso Wastewater Treatment Plant, City Manager Townsend stated that this will represent a great deal of additional work on the plant. Council Member Diaz inquired if Urban Engineering is the only engineering firm qualified to do this type of sewer plant work. City Manager Townsend replied that McCaughan and Etheridge had performed the engineering on one of the plants but had indicated that they preferred not to do any more engineering for this type of project because of the red tape involved in dealing with the grants obtained from E.P.A. Mr. Townsend stated that there may be other engineering firms that are willing to handle work on sewer plants because there are several state-wide firms that have recently established offices locally and they might be willing to perform this type of work. Mr. Matthews pointed out that Urban Engineering is familiar with this type of work. Minutes Regular Council Meeting August 29, 1979 Page 19 Mayor Pro Tem Sample called for comments from the audience on the ordinances. Mr. Harold Alberts, Attorney representing the Sam Kane Meat Packing Plant, spoke in opposition to the ordinance providing for the collection of industrial Cost Recovery Payments for waste disposal. Mr. Alberts contended that Sam Kane is scheduled to pay about one-third of the $42,000 a year that will be collected; none of this would be for their benefit, because all of the money spent thus far for wastewater plant improvements has been for improvements to the Oso and the Westside Plant, and none have yet been made to the Allison Plant. He pointed out that all of the effluent from the Sam Kane Meat Plant goes to the Allison Plant and improvements to that plant will not even be started for several years. Mr. Alberts pointed out that the company he represents is already paying a large sur- charge, and this additional surcharge would just further penalize this one company. He contended that industrial users should only have to pay a surcharge for the plants that serve them, rather than for all of the sewer plants in the City. Mr. Alberts continued his presentation by stating that he questions the necessity for levying this additional surcharge, noting that according to the staff, E.P.A. is requiring this surcharge before they will approve additional grants. He questioned this statement and explained that he had contacted several officials it the Dallas E.P.A. office and ascertained that according to that office, they were under the impression that Corpus Christi had already passed an ordinance levying this additional surcharge. Mr. Alberts explained this misconception by stating that the Dallas office had obtained such information frau their computer. He further pointed out that Houston has never passed such an ordinance; Dallas passed it about 18 months ago, and the total amount that all of the industries will pay in Dallas is $81 per month, which is a great deal less than that proposed by this City. He also informed the Council that the Director of Public Works in Dallas had expressed the opinion that this is an unfair ordinance and that it is an anti -industry ordinance. Mr. Alberts contended that this City certainly does not need an anti - industry ordinance. Council Member Diaz stated that the Council is certainly not anti -industry minded but they are concerned about overloading the sewer plants with excessive effluent from certain industries. Minutes Regular Council Meeting August 29, 1979 Page 20 Mr. Alberts reiterated that Dallas is the only city that has passed such an ordinance, and the surcharge is very small. Council Member Zarsky inquired if any of the industries in Dallas are simi- lar to the Sam Kane operation. Mr. Alberts replied that there are several similar packing companies in Dallas. He further provided background information in regard to the use by Sam Kane of the Allison Plant, stating that at one time, the company had its own treatment plant, but they were urged to send their effluent to the Allison Plant which was underutilized at the time. He stated that after this was done, the City levied a surcharge against the meat packing plant for using the Allison Plant. City Manager Townsend took exception to Mr. Alberts statements, stating that he disagreed with the events as outlined. Mr. Townsend pointed out that there is a difference in forcing someone to use a sewer plant and in requesting that they tie on. He stated that at the time Sam Kane tied on to the sewer plant, there was a serious pollution problem that existed. He stated that the City would be happy to have this company take care of their own effluent because they are one of the largest users of one of the City's smallest wastewater plants. Mr. Townsend also explained that although it is true that there are a number of new residential sub- divisions in this area, the Allison Plant would be adequate to take care of them if there was not also growth at the Sam Kane Meat Processing Plant as well. He agreed that there might be a question as to whether or not this proposed surcharge is a fair charge. He further explained that generally, states across the country feel that this is a good charge and pointed out that Mr. Matthews had waited a year to recommend this charge. Mr. Townsend explained that the City is now under the impression that the City's Step 3 grant funds will not be forthcoming unless this surcharge is approved, pointing out that E.P.A. payments are so slow being received, that the delay has created problems. City Manager Townsend informed the Council that the staff can canvass other cities to see if Mr. Albert's allegations are true and report back to the Council before the third reading of this ordinance. Mayor Pro Tem Sample inquired if it is possible to ascertain if Mr. Albert's allegations are true. Mr. Matthews pointed out that the City does not anticipate any collections from this surcharge until January 1, 1980; stated that they have discussed it with Minutes Regular Council Meeting August 29, 1979 Page 21 E.P.A. in Dallas; they feel that this is a good ordinance; but stated that the City staff does not know what other cities are doing in regard to this surcharge. Mayor Pro Tem Sample stated that he would like to see what other cities are doing in regard to this surcharge and suggested that the proposed surcharge for this City's industries might be amended to be more in line with surcharges in other cities. Mr. Sample stated that he felt that the third reading on the ordinance should be delayed until figures have been obtained about cities all over the state. Council Member Best asked where the staff is obtaining comparable figures when Dallas has passed an ordinance levying very small surcharges. Mr. Matthews suggested that the ordinance be passed, and if the surcharges are found to be out of line, the ordinance could be amended later. Mayor Pro Tem Sample reiterated that the third reading of the ordinance should be held in abeyance until more information is obtained. City Manager Townsend reminded the Council that this City has made a very heavy investment in sewer plant improvements, and possibly other cities have not. Council Member Turner requested that comments from E.P.A. be included in the report to the Council. Mr. Alberts again pointed out that every other city in the state is in the same situation and they have refused to pass such an ordinance. There were no further comments in regard to the ordinances. City Secretary Read polled the Council for their votes, and the following ordinances were approved: SECOND READING: AMENDING CHAPTER 55, UTILITIES, ARTICLE X1, COMMERCIAL AND INDUSTRIAL WASTE DISPOSAL STANDARDS, OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 55-140, DEFINITIONS, TO DEFINE "INDUSTRIAL USER" AS HEREINAFTER SET FORTH; AMENDING SECTION 55-143, SO AS TO REVISE TITLE AND ADD SUBSECTION C, PROVIDING FOR THE COLLECTION OF INDUSTRIAL COST RECOVERY PAYMENTS, ALL AS MORE FULLY SET FORTH HEREINAFTER; PROVIDING AN EFFECTIVE DATE: PROVIDING FOR SEVERABILITY: AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye"; Jones, "absent". ORDINANCE NO. 15080: AMENDING ORDINANCE NO. 14288 PASSED AND APPROVED ON APRIL 26, 1978, AS AMENDED, BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO ADOPT THE FINAL ASSESSMENT ROLL AND ASSESSMENTS LEVIED AGAINST ABUTTING PROPERTY OWNERS ON THE FOLLOWING STREETS: Minutes Regular Council Meeting August 29, 1979 Page 22 1. Dunbar, Easley and Sonora Streets from Greenwood Drive to Blake Street; 2. Elgin, Sabinas and Blake Streets from Sonora Street to Baldwin Boulevard; 3. Mohawk Street from Blake Street to Morgan Avenue; 4. Aztec Street from Cheyenne Street to Blake Street; 5. Osage Street from Morgan Avenue to 300 feet south of Aztec Street; 6. Seminole Street from Blake Street to Morgan Avenue; 7. Rosewood Street from Blake Street to Morgan Avenue; 8. Reynosa Street from Burnet Street to Belton Street; 9. Tasco Street from Sarita Street to State Highway 286, AS HEREIN PROVIDED: AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye"; Jones, "absent". ORDINANCE NO. 15081: AMENDING ORDINANCE NO. 14919, PASSED AND APPROVED ON MAY 23, 1979 BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO ADOPT THE FINAL ASSESSMENT ROLL AND ASSESSMENTS LEVIED AGAINST ABUTTING PROPERTY OWNERS ON THE FOLLOWING STREET: BETEL STREET, FROM BURNET STREET TO CROSSTOWN EXPRESSWAY, AS HEREIN PROVIDED: AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye"; Jones, "Absent". ORDINANCE NO. 15082: AUTHORIZING THE CITY MANAGER TO EXECUTE AND SUBMIT TWO GRANT APPLICATIONS TO THE ENVIRONMENTAL PROTECTION AGENCY FOR FEDERAL FUNDS AS FOLLOWS: STEP 2 GRANT APPLICATION FOR DESIGN OF SLIPLINING TWO PHASES OF THE McARDLE ROAD SANITARY SEWER LINE FROM CARROLL TO HOLMES AND FROM NILE TO PRINCE AND STEP 3 GRANT APPLICATION FOR CONSTRUCTION OF PLANT IMPROVEMENTS AT THE OSO WASTEWATER TREATMENT PLANT AND THE FIRST PHASE OF THE McARDLE ROAD SANITARY SEWER LINE SLIPLINING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye"; Jones, "absent". ORDINANCE NO. 15083: GRANTING A REVOCABLE EASEMENT TO EXXON CORPORATION FOR PLACING A 4-1/2 DIAMETER STEEL PIPELINE ACROSS LAGUNA SHORES ROAD IN FLOUR BLUFF 2,155 FEET NORTH OF LOLA JOHNSON ROAD, ALL AS MORE FULLY SET FORTH IN THE REVOCABLE EASEMENT, 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: Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye"; Jones, "absent". ORDINANCE NO. 15084: APPROPRIATING $3,500 OUT OF THE NO. 267 ANIMAL SHELTER BOND FUND TO SUPPLEMENT $5,655 PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 14880 FOR THE EUTHANASIA UNIT AND FREIGHT, OF WHICH TOTAL APPROPRIATION $5,655 IS FOR THE EUTHANASIA UNIT AND FREIGHT, $1,500 IS FOR THE ASPHALT RUNWAYS AND AREA TOPPING, $490 IS FOR OTHER MODIFICATIONS TO BUILDINGS TO ACCOMMODATE THE EUTHANASIA CHAMBER, $510 15 FOR THE COST OF AIR FARE AND PER DIEM FOR AN OPERATIONS ENGINEER TO INSTALL THE EUTHANASIA CHAMBER AT THE ANIMAL SHELTER, AND $1,000 IS FOR RELATED WORK, APPLICABLE TO PROJECT NO. 267-77-1, ANIMAL SHELTER IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye"; Jones, "absent". Minutes Regular Council Meeting August 29, 1979 Page 23 ORDINANCE NO. 15085: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE TEMET CORPORATION FOR 6,622 SQUARE FEET OF OFFICE SPACE LOCATED IN THE NUECES BUILDING, 317 PEOPLES STREET, CORPUS CHRISTI, TEXAS AT $3,973.20 PER MONTH FOR 12 MONTHS COMMENCING OCTOBER 1, 1979, TO HOUSE THE CITY'S CETA/EOPP ADMINISTRATION OFFICES, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT 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: Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye"; Jones, "absent". ORDINANCE NO. 15086: AMENDING THE 1979-80 BUDGET FOR THE INSURANCE FUND BY CANCELLING THE APPROPRIATION FOR EXCESS LIABILITY SELF-INSURANCE IN THE AMOUNT OF $281,600, REDUCING THE APPRO- PRIATION FOR AUTOMOBILE LIABILITY SELF-INSURANCE BY $15,000 FROM $233,900 TO $218,900, REDUCING THE APPROPRIATION FOR GENERAL LIABILITY SELF-INSURANCE BY $4,565 FROM $110,200 TO $105,635, AND ESTABLISHING AN APPROPRIATION IN THE AMOUNT OF $301,165 FOR EXCESS AUTOMOBILE AND GENERAL LIABILITY PREMIUM: AND AMENDING THE BUDGET FOR THE SELF- INSURANCE FUND BY REDUCING REVENUES IN THE AMOUNT OF $301,165 AND REDUCING THE UNAPPROPRIATED FUND BALANCE (RESERVES) BY $301,165, FROM $1,317,498 TO $1,016,333; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Sample, Best, Diaz, Dumphy, Turner and Zarsky voting ''Aye"; Jones, "absent". ORDINANCE NO. 15087: AUTHORIZING URBAN ENGINEERING TO PREPARE THE STEP 1 GRANT APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY ON BEHALF OF THE CITY OF CORPUS CHRISTI FOR FEDERAL ASSISTANCE IN THE FIRST PHASE OF PLANNED IMPROVEMENTS TO AND EXPANSION OF THE ALLISON WASTEWATER TREATMENT PLANT; APPROPRIATING $3,725 OUT OF THE NO. 250 SANITARY SEWER BOND FUND APPLICABLE TO PROJECT NO. 250-77-6, ALLISON PLANT IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye"; Jones, "absent". ORDINANCE NO. 15088: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND N. B. CHILES, 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 -ACRE TRACT OF LAND, MORE OR LESS, PLATTED AS LOT 6, BLOCK 1, SOUTH SARATOGA ACRES; 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: Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye"; Jones, "absent". ORDINANCE NO. 15089: ANNEXING A 10 -ACRE TRACT, PLATTED AS LOT 6, BLOCK 1, SOUTH SARATOGA ACRES, ACCORDING TO MAP RECORDS OF NUECES COUNTY, TEXAS, VOL. 40, PAGE 140, 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. Minutes Regular Council Meeting August 29, 1979 Page 24 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye"; Jones, "absent". ORDINANCE NO. 15090: AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE CONTRACT WITH URBAN ENGINEERING, CONSULTING ENGINEERS, FOR ENGINEERING SERVICES TO BE PERFORMED IN CONNECTION WITH THE DESIGN OF AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE McARLDE ROAD SANITARY SEWER LINE SLIPLINING, PHASES 2 AND 3, WHICH PROVIDES FOR A SCOPE OF SERVICES CORRESPONDING WITH THE CITY'S STEP 2 GRANT APPLICATION, ALL AS MORE FULLY SET FORTH IN THE AMENDMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", WHICH WILL BE FUNDED BY A PREVIOUS APPROPRIATION AUTHORIZED BY ORDINANCE NO. 14268, APRIL 12, 1978; SUBJECT TO APPROVAL FROM THE TEXAS DEPARTMENT OF WATER RESOURCES AND THE ENVIRONMENTAL PROTECTION AGENCY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye"; Jones, "absent". ORDINANCE NO. 15091: AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 5 TO THE CONTRACT WITH URBAN ENGINEERING, CONSULTING ENGINEERS, FOR ENGINEERING SERVICES IN CONNECTION WITH THE PROPOSED IMPROVEMENTS TO THE OSO WASTEWATER TREATMENT PLANT (CONTRACTS 5 AND 6), WHICH AMENDMENT PROVIDES FOR A SCOPE OF SERVICES TO CORRESPOND WITH THE CITY'S STEP 3 GRANT APPLICATION FOR BASIC SERVICES, OPERATION AND MAINTENANCE MANUAL, START-UP SERVICES AND RESIDENT CONSTRUCTION SERVICES, SPECIFIES A FIXED PRICE FEE AND COMPLIES WITH CURRENT FEDERAL GUIDELINES REGARDING PROCUREMENT OF ENGINEERING SERVICES, ALL AS MORE FULLY SET FORTH IN THE AMENDMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $179,506.48 OUT OF THE NO. 250 SANITARY SEWER BOND FUND APPLICABLE TO PROJECT NO. 250-77-4, OSO PLANT IMPROVEMENTS, BOTH THE AUTHORITY TO EXECUTE THE AMENDMENT AND THE APPROPRIATION OF FUNDS BEING SUBJECT TO APPROVAL AND CONCURRENCE BY THE TEXAS DEPARTMENT OF WATER RESOURCES AND THE ENVIRONMENTAL PROTECTION AGENCY IN THE CITY'S STEP GRANT APPLICATION FOR IMPROVEMENTS TO THE OSO WASTEWATER TREATMENT SYSTEM, E.P.A. PROJECT NO. c-48-1214-04; OF THE $179,506.48, $134,629.86 WILL BE THE FEDERAL SHARE AND $44,876.62 WILL BE THE LOCAL SHARE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye"; Jones, "absent". ORDINANCE NO. 15092: 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 CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 1 BLOCK 1, SOUTH CLARKWOOD ACRES, AND AN 8 -ACRE AREA OUT OF SECTION 402, ABSTRACT 988, THE THOMAS GALLAGHER 400 -ACRE SURVEY, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "T -1B" MOBILE HOME PARK 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: Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye"; Jones, "absent". • Minutes Regular Council Meeting August 29, 1979 Page 25 ORDINANCE NO. 15093: 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 TUCKER PROPERTIES BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACTS A AND B, BEING PORTIONS OF LOT 1, SECTION 8, BOHEMIAN COLONY LANDS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "I-2" LIGHT INDUSTRIAL DISTRICT TO "R -1B" ONE -FAMILY DWELLING DISTRICT ON TRACT A AND "B-1" NEIGHBORHOOD BUSINESS DISTRICT ON TRACT B; 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: Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye"; Jones, "absent". ORDINANCE NO. 15094: 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 MR. RAY PATRICK, FOR AN EXCEPTION OF THE STANDARD SCREENING FENCE REQUIREMENT ALONG THE EAST PROPERTY LINE ON LOTS 2, 3 AND 4, BLOCK 2, SUNTIDE INDUSTRIAL SUBDIVISION LOCATED AT THE NORTHEAST CORNER OF SUNTIDE ROAD AND BEARDEN DRIVE IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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: Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye"; Jones, "Absent". * * * * * * * * * * * * * * * Mayor Pro Tem Sample called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Vernon Whitley, formerly a candidate for Council office, stated that during the campaign for the City Council, he had collected newspaper articles, and one of the articles listed the platform of the Unite Corpus Christi party and quoted Mayor Jones as having said that the articles of the platform would be framed and posted in the Council Chambers. Mr. Whitley then presented to the Council a framed copy of those campaign statements and asked that it be displayed in the Council Chambers. Mayor Pro Tem Sample explained that not all of the members of that political party had been elected, and it would be unfair to those Council Members who had not participated in the campaign platform formation if such articles are posted at the Council table. He thanked Mr. Whitley for his presentation and assured him that the framed document would be given to Mayor Jones. There being no further business to come before the Council, on motion by Zarsky, seconded by Diaz and passed unanimously, the Regular Council Meeting was adjourned at 5:50 p.m., August 29, 1979. • 1, LUTHER JONES, Mayor of the City of Corpus Christi, Texas certify that the foregoing minutes, same being for the period of July 3, 1979 through July 25, 1979, inclusive, and having been previously approved by Council Action are by me hereby approved as itemized: 7/03/79 - Regular Meeting 7/11/79 - Regular Meeting 7/18/79 - Regular Meeting 7/25/79 - Regular Meeting MAYOR us Christi, Texas