HomeMy WebLinkAboutMinutes City Council - 02/04/1981MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
FEBRUARY 4, 1981
2:00 P.M.
PRESENT:
Mayor Luther Jones
Mayor Pro Tem Edward L. Sample
Council Members:
Dr. Jack Best
Jack K. Dumphy
Leopoldo Luna
Betty N. Turner
Cliff Zarsky
Deputy City Manager Ernest Briones
Assistant City Attorney Jay Doegey
City Secretary Bill G. Read
'Mayor Luther Jones called the meeting to order in the Council Chambers of City
Hall.
The invocation was given by the Reverend John Stuckey of the Church of Christ,
following which the Pledge of Allegiance to the Flag of the United States was led by
Council Member Betty Turner.
.City Secretary Bill G. Read called the roll of required Charter Officers and
verified that the necessary quorum was present to conduct a legally constituted meeting.
Motion by Best, seconded by Turner, and passed unanimously that the following
Minutes be approved as presented: Regular Council Meetings of November 12, 1980,
November 19, 1980, November 26, 1980 and December 10, 1980 and Special Council Meetings
of November 19, 1980, November 26, 1980 and December 10, 1980.
Mayor Jones then administered oaths to new appointees to Boards and Committees.
Mayor Jones announced appointments to Boards and Commissions. He briefly reviewed
the appointees considered during the Workshop Meeting. Motion by Turner that the following
appointments be confirmed, seconded by Best, and passed unanimously.
BOARD OF ADJUSTMENT: TERM TO EXPIRE:
Mr. Bill J. Brown (Alternate) 4-04-82
BAY DRILLING COMMITTEE: (Appointed by the Mayor with Council's approval)
Mr. B. L. Johnson (oil industry) - reappointment 12-31-83
Mrs. June Wilkerson (general public) - reappointment 12-31-83
Mrs. Joseph (Kathy) Cable (alternate from general public)-reappt'd 12-31-83
Marvin R. Hall (alternate from the oil industry) - reappointment 12-31-83
c'"
MICROFILMED
AP i 91984
Minutes
Regular Council Meeting
February 4, 1981
Page 2
Mayor Jones announced the bid opening on the following item:
Mineral leases on 388.6 acres at International Airport and 68 acres at the
Westside Wastewater Treatment Plant at Greenwood Road and Saratoga. The
primary term for the Airport lease is three years and for the Westside
Treatment Plant five years. A11 drilling on the Airport lease would be
required to meet applicable Federal Aviation Administration and Airport
Zoning regulations. No drilling would be allowed from the surface at the
Westside Plant lease. Minimum cash bonus is $50 per acre; minimum delay
rental $10 per acre; and minimum royalty 1/5 or 20%.
Purchasing Agent, F. D. Glenn, assisted by Gordon Island, Jr., Assistant Purchasing
Agent, opened bids from the following firms for Oil and Gas Lease #234/80. Richard E.
Haas, Kelly Bell and C. 0. Stokeley of S & S Engineering, Incorporated.
Mr. Glenn then opened the only bid received on Oil and Gas Lease #235/80 from
W. B. Fair.
Mayor Jones stated that the bids will be tabled for 48 hours, pursuant to the
requirements of the City Charter, and referred to the Staff for tabulation and recommen-
dation.
**********
Mayor Jones announced a presentation by Mr. Oscar Wyatt concerning Industrial
Districts.
Mr. Wyatt referred to the Industrial District contracts and informed the Council
that his company had considered what is best for their investment in Corpus Christi
and what is best for Corpus Christi. He informed the Council that the problems that
he has with the proposal as it is written now is that it is not all encompassing enough.
Mr. Wyatt expressed the opinion that the contract is not the best one for the citizens
and stated that he would like this matter removed from the political arena in view of
the fact that an election is forthcoming. He explained that his company envisions the
proposal would encompass a large area, not select specific companies, and he expressed
opposition to separate contracts with each company. Mr. Wyatt referred to the
contract signed on Monday with Southwestern Refinery and indicate that he did not feel
that this is in the best interest of the public. He suggested that a specific area be
designated and every company, large or small, be included in the industrial district.
Mr. Wyatt also stated that he was of the opinion that any new industry moving into the
City should be given the same treatment. He referred to a letter from Mr. Michael
Kendrick, Attorney for Southwestern Refinery, which made reference to the proposed
sliding scale and the fact that it might be interpreted as being included to benefit
Champlin Petroleum Company and noted that some people might think that this was included
fuse Mayor Pro Tem Edward Sample, who is employed by Champlin, is on the Counci
Minutes
Regular Council Meeting
February 4, 1981
Page 3
He reiterated that the City should define an Industrial District and every company that
is in it should pay their fees. He objected to special or separate deals for anyone
including newcomers. He pointed out that the undeveloped land would increase in value
appreciably and they, too, should pay a fee. Mr. Wyatt also objected to the 90 days
limitation on signing the Industrial District contract; stated that Coastal States does
not oppose Industrial District contracts; but they do object to the terms. He assured
the Council that they are willing to pay the tax but questioned whether the City will
be able to enforce the Industrial District contract. He expressed concern about future
negotiations if these contracts are on an individual basis with each company. He pre-
dicted that if this is not changed, lawsuits will be imminent.
Mr. Wyatt continued by reminding the Council that he still owns property in Corpus
Christi and votes in this City. He again stated that Coastal intends to pay their share
of the "in lieu of" taxes but urged the Council to take more time on the Industrial
Districts and not limit the period of time to 90 days.
Mayor Jones asked Mr. Wyatt if he would provide specific suggestions in regard to
the Industrial District contract.
Mr. Wyatt summarized by stating that they wanted a defined area for Industrial
District, the same terms for every industry, the same basis for calculating the taxes,
and include the industry, land within the district and all assets in the district. He
stated that they just wanted to be sure that the contract is not one that some industries
could challenge and again requested that the time be extended on this.
Mayor Jones pointed out that the Council did not act in haste in preparing the
Industrial District contract; there were many public hearings and meetings on this matter;
and the Council arrived at the decision on the Industrial Districts only after due
deliberation. Mayor Jones inquired of Mr. Wyatt why if he had objections to the contract
he did not appear orhaveone of his attorneys provide input when the Council was in the
process of preparing the contract.
Mr. Wyatt pointed out that he did not think that the general public understands
that part of the Industrial District lies inside the City limits and some outside the
City limits and the contract with Southwestern would, in effect, deannex those portions
of land that they own inside the City limits. He objected to different treatment for
different companies and urged fair treatment for all industries.
Mayor Jones, noting that the ordinance on the agenda today is on a three -reading
basis, invited Mr. Wyatt to submit in writing any suggestions that he might have.
Minutes
Regular Council Meeting
February 4, 1981
Page 4
F Mr. Wyatt assured the Council that they will present their suggestions as quickly
as possible but he urged that the Council extend the time limit beyond February 26, 1981.
Mayor Jones thanked Mr. Wyatt for his appearance before the Council.
Council Members Best and Turner suggested that some of the allegations made by
Mr..Wyatt be answered by the Legal Department.
Assistant City Attorney Jay Doegey referred to the allegation made by Mr. Wyatt
that the particular contract with Southwestern Refinery includes land outside the City
limits and inside the City limits. He reminded the Council that they had approved the
credit of a portion of the taxes paid on property inside the City limits toward the fee
in lieu of taxes on property outside the City limits in an Industrial District so that
companies would not hesitate to increase their facilities on land inside the City limits.
He assured the Council that the particular agreement with Southwestern Refinery is
exactly the contract that the Council approved earlier.
Mayor Jones referred to the allegation that the Council is taking action for
political reasons and reminded everyone that the formation of Industrial Districts was
one of the items listed on the proposed accomplishments of this Council at the beginning
of the term and they had certainly not passed the ordinance for political reasons.
Council Member Best commented that the Council had conducted many open meetings
and worked very hard to prepare a fair Industrial District contract. He noted that an
attorney representing Coastal States had been present at every meeting but had never
spoken out or made any suggestions even though the Council urged that industries provide
input to the terms of the contract.
f Council Member Turner inquired if the questions raised by Mr. Wyatt were based on
fact and Mr. Doegey replied that his statements were very general. He referred in par-
ticular to the statement in regard to Southwestern Refinery and the reference that the
formation of this Industrial District would, in effect, deannex their land inside the
City limits and stated that this was totally incorrect. He reminded the Council that
they had decided to grant credit for taxes paid on property inside the City limits to
be applied to the "in lieu of" taxes of Industrial Districts.
Council Member Zarsky indicated that he would like to reserve any comments until
the Council sees in writing just what amounts of money are involved because of the
possibility that a misinterpretation will occur. He stated that he does not feel that
the Council should delay the passage of this ordinance until something more concrete
is presented than what was presented by Mr. Wyatt today.
Minutes
Regular Council Meeting
February 4, 1981
Page 5
Council Member Dumphy questioned the reason Coastal States representatives had
appeared before the Council after the contract was passed. He stated that the industry
has been notified of the public hearings and they were urged to provide input in regard
to the formation of the Industrial District contracts. He suggested that the statements
made today by Mr. Wyatt constitute undue criticism of the Council but indicated that he
did not want to say, at this time, that he would not change the contract.
Mayor Jones reiterated that Coastal States and all other industries have had ample
time to provide input in regard to the wording of the contracts.
Motion by Best that no change be made in the Industrial District contracts on the
basis of information received from Mr. Oscar Wyatt; seconded by Turner; and passed by
the following vote: Jones, Best, Dumphy, Luna, Turner, and Zarsky voting, "Aye"; Sample,
"abstaining".
***********
Mayor Jones called for the City Manager's Reports. Deputy City Manager Ernest
Briones presented the following items with related comments and explanations and recom-
mended that:
a.
Data processing equipment for the Health Department be purchased from Radio
Shack, Corpus Christi, on the basis of only bid received of $14,080.03. The
equipment will reduce time spent by laboratory staff in performing complex
mathematical computations and allow deletion of one Laboratory Assistant I.
b. 118 polycarbonate traffic signals and 15 polycarbonate pedestrian signals
be purchased from G & M Sales Company, Fort Worth, on the basis of low bid of
$16,353. Nine bid invitations were issued and four bids were received. Prices
have increased an average of 18% since last purchase in 1978 and 1979.
Seventeen of the signals are to replace badly corroded signals at the Ocean
Drive-Doddridge and Ocean Drive -Robert intersections and 46 are to replace
signals which, based on past experience, will be damaged by vehicle accidents
during the year. The remaining 70 will be used to replace signals damaged
by Hurricane Allen.
c. The following actions be taken on the McArdle Road reconstruction project
from Holmes Drive to Crescent Drive:
(1) The preliminary assessment roll be adopted providing for assessments
of $225,826.92 on 60 items.
(2) An assessment hearing be held on March 4, 1981 at 3 PM in the Council
Chambers.
Bids for this project were received by the State Department of Highways & Public
Transportation on January 13, 1981 and the low bidder was Asphalt Paving &
Construction Company of Corpus Christi at $1,046,388.58. The State and Federal
portion of the construction cost is $733,188.58 and the City's portion including
assessments is $313,200.
d. $2,700 be appropriated for aerial topographic surveys of Bill Witt Park by
International Aerial Mapping Company of San Antonio. The aerial surveys will
be used in the design of the softball complex and future planning.
Minutes
Regular Council Meeting
February 4, 1981
Page 6
e. An agreement be authorized with the State of Texas, through the State
Department of Highways & Public Transportation, providing for the State
authorizing and reimbursing the City, with Federal Emergency Relief Funds,
the following work related to Hurricane Allen.
(1) Ocean Drive repair work between Alameda Junction and
the Naval Air Station $ 56,377.77
(2) Ennis Joslin Road Bridge Repairs 771.28
(3) Traffic Signals, Signs and Markings on the Urban System 61,849.06
TOTAL $118,898.11
All of the above work has been completed either by the Street Division or
the Department of Traffic & Transit immediately after Hurricane Allen;
however, permanent repair work to Ocean Drive will be done by contract at a
later date and funded by the same fund.
City Secretary Read suggested that ordinance "a" be considered at this time since
there is a need to file notice in the Office of the County Clerk. The Council agreed;
Mr. Read polled the Council for their votes and the following ordinance was passed.
ORDINANCE NO. 16004:
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE
FOLLOWING STREET IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS:
McArdle Road, from Holmes Drive to Crescent Drive;
REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO
PREPARE AND FILE PLANS AND SPECIFICATIONS REQUIRING THE CITY SECRETARY
TO FILE NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS,
AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed
by the following vote: Jones, Best, Dumphy, Luna, Turner and Zarsky
voting "Aye", Sample absent.
Deputy City Manager Briones continued with the City Manager's Reports.
Minutes
Regular Council Meeting
February 4, 1981
Page 7
f. Shilstone Engineering Testing Laboratory, Inc. be retained to provide quality
control testing services for two street improvement projects as follows:
(1) Lexington Estates -Mahan Acres at an estimated cost of $3,705.00
(2) Timbergrove Lane project at an estimated cost of $1,342.00
No additional appropriation is necessary.
Two pipeline easements granted to the City of Corpus Christi for water line
purposes prior to 1900 and crossing Block 8, Academy Heights Unit I be closed.
No City water facilities are in the easement nor are there any proposed City
uses for the easements. The area involved is located on the west side Lantana
Street north of Academy Drive. The abandonments were requested to allow
construction of an apartment project.
The bait stand lease for B.G.'s Marina be renewed for ten years. The bait
stand is operated by Mr. Newell E. Fisher, Jr., and is located on state owned
land on the Kennedy Causeway. Mr. Fisher has agreed to construct approximately
$24,400 of improvements within two years, and to pay rent of $150 per month
beginning in 1982. The rent would be renegotiable every two years, with the
City having the right to increase the rent up to 25% at the end of each two
year period. The rent is now $90 per month.
I. The following actions be taken to implement transfer of the Corpus Christi
Golf Center to the City.
(1) The 1980-81 Budget be amended to establish the Golf Center Revenue Fund
and appropriating $203,731, based on estimated Golf Center revenues to
provide for the operation of the facility from February 1, 1981 through
July 31, 1981.
(2) The Compensation Ordinance be amended to establish eight (8) full-time
positions and two (2) part-time positions, and set hourly rates of pay.
(3) The establishment of golf course green fees and electric golf cart rental
fees.
g.
h.
(4) Six-month contracts be approved with Mr. William J. Lewis as Golf Pro-
fessional, Mr. Herbert D. Buder and Mr. Jack W. Ebbs as Assistant Golf
Professionals, and Mrs. Helen Minnie as Concessionaire at the Corpus
Christi Golf Center. The contracts would continue the services as
provided in the past for the remainder of the fiscal year.
j. A grant application be submitted for $80,066 for seventh year funding of the
Retired Senior Volunteer Program (RSVP). The City's share is $22,094; the
Federal share, $40,141; and the State share is $17,831. RSVP plans to recruit
650 volunteers in the year beginning April 1, 1981. No program changes are
anticipated. The 1980-81 program included 450 volunteers at a local cost of
$16,608.
k. An agreement be approved with Nueces Development Company for future park
dedication out of a future unit of Brandywine Subdivision in accordance
with the Platting Ordinance. The subdivision is located at the northeast
corner of Saratoga Boulevard and Rodd Field Road. The agreement is necessary
because the park requirement will be dedicated from future units of the sub-
division. A final plat has been submitted for 16.281 acres of the 51.5 acres
in the preliminary plat.
Minutes
Regular Council Meeting
February 4, 1981
Page 8
An amendment to the contract with Nueces County for sponsorship of the Nueces
County Mental Health -Mental Retardation Community Center be approved to continue
the current arrangement under which the County is responsible for supervision
of the Center including appointment of the Board of Trustees, and approval of
the Center's annual budget. The City will continue to provide $45,000 towards
operation of the Center and the County will continue to provide at least
$80,000. The amendment provides for a joint meeting on or before July, 1981
to discuss continuation of the amendment and the amount both governmental
bodies will contribute to the Center in fiscal year 1982.
m. An agreement recommended by the Arts Commission be approved with the Watercolor
Society of South Texas for $4,000 for partial support of the costs involved in
hosting a Western States Watercolor exhibition in June, 1981.
The Compensation Plan be amended to clarify job classifications eligible to
be paid authorized overtime. A number of middle supervisors are not now
eligible for overtime with the result that they are often called out to
supervise crews or jobs where the employees being supervised, because of
overtime, receive more pay than the supervisor. Approximately 20 positions
are involved including Gas, Wastewater, Water and Equipment Mechanic Foreman,
Assistant Water Distribution Superintendent, Collection and Disposal Supervisors,
Senior Street Foreman II, Transit System Supervisor III, Park Construction and
Maintenance Supervisors, Utility Plant Supervisors, Reservoir Supervisor,
Traffic Signal Supervisor and Signal Technician III.
n.
o. Roofing repair contracts be awarded for the following public buildings:
1. City Service Center to J & M Roofing for $5,544 which includes
sweeping, flooding and regraveling the roof.
2. Fire Station No. 5 (3312 Leopard) to E. M. Castillo Roofing for $6,000
which includes removing and reconstructing the existing built-up
roof.
Both contracts are a result of Hurricane Allen damage and are covered by
insurance settlements.
p. Holly Energy Incorporated be granted a permit to drill a well from a
regular location in Nueces Bay. The -State Tract 690 Well No. 1 will be
drilled as a straight hole to a depth of 5,000 feet from a location 11,300
feet north of the Tule Lake lift bridge. No exceptions to the Bay Drilling
Ordinance are requested.
q. Sexton Oil and Minerals Corporation be granted a permit to drill a well
from a regulation location in Nueces Bay. The State Tract 746 Well No. 1
will be drilled as a straight hole to a depth of 4,200 feet from a location
two miles north of the Tule Lake lift bridge. No exceptions to the Bay
Drilling Ordinance are requested. This will be the first well drilled by
Sexton in the City. The company is headquartered here and has met the
bonding and insurance requirements of the Bay Drilling Ordinance.
r. An industrial district agreement be approved with Southwestern Refining,
Inc. for seven years, commencing January 1, 1981, designating an area to
be known as "Corpus Christi Industrial District No. 1," exempting the
area from annexation and providing for Southwestern Refining, Inc., to
make annual payments to the City in lieu of taxes during the term of the
agreement.
Minutes
Regular Council Meeting
February 4, 1981
Page 9
s. A pipeline easement across Lots 13 and 14, Block 2, Lakeview Acres be
closed. A 4" City gas line which existed in the former Humble Pipe Line
easement has been relocated in an easement platted by the Woodlake
Apartment developer. The Gas Division has relocated the line at a cost of
$3,902.69, consistent with relocation policies previously in effect for this
old line which extended from Flour Bluff to the ship channel area. Any
future relocations will be recommended only at the developer's expense.
t. $15,853 be appropriated of which $12,034 represents Award of Special
Commissioners in excess of previous appropriation for acquisition of Parcels
18A and 18B and 21 of the Gabriel Terrace Outfall Project from Padre
Island Drive to Oso Creek, $1,050 is for special commissioners fees; $102
for aerial photographs; and $2,667 for appraisal services in connection
with acquisition of parcels for the Gabriel Terrace Outfall. The total
amount of the Commissioner's award was $92,509. The amount previously
appropriated but not expended is $80,475. Parcel 20 was previously
acquired by condemnation for $19,525. There are two remaining parcels to
be acquired near Padre Island Drive. The outfall is part of the Padre
Island Drive construction contract now under way by the State and
essential for the completion of the project.
Mayor Jones called for comments from the audience on the City Manager's Reports.
Mrs. Pauline Clarke, representing the League of Women Voters, referred to the
proposed contract with Southwestern Refinery and, in particular, their land that lies
within the City limits and inquired if their taxes on that land will be reduced.
Mr. Doegey replied that Southwestern will continue to pay taxes on that land.
Mr. Harold Fessler, an official of Coastal States, entered the Council Chamber
again and offered a check from that company for Coastal States in lieu of ad valorem
taxes indicating that Mr. Wyatt wanted to present the check in the amount of $175,315
to show his good faith in signing the Industrial District contract.
Deputy City Manager Briones informed Mr. Fessler that the City has no authority
to accept that check since no contract has been signed.
Mayor Jones concurred and stated that the Council must decline the offer of the
check but they appreciate the gesture.
There were no further comments on the City Manager's Reports.
Motion by Turner that the City Manager's Reports, items "a" through "t", be approved;
seconded by Luna; and passed unanimously.
* * * * * * * * * *
Minutes
Regular Council Meeting
February 4, 1981
Page 10
Mayor Jones called for the consideration of the following tabled matter:
11. TABLED:
Second Reading - Adopting a revised animal control ordinance (First Reading -
1/7/81). The second reading of the ordinance was deferred on January 14, 1981
for three weeks to allow the Animal Control Advisory Board to review suggested
revisions to the ordinance recommended by the PAWS - Gulf Coast Humane Society.
The Animal Control Advisory Board has requested an additional two to three weeks
to complete this review or February 25, 1981.
Deputy City Manager Briones referred to the request from Dr. Dayton L. Prouty
that the second reading be postponed until February 25.
Motion by Turner that the second reading of the Animal Control Ordinance be
tabled for three weeks; seconded by Luna; and passed unanimously.
* * * * * * * * * *
Mayor Jones announced the public hearing on the following annexation matter:
12. PUBLIC HEARING:
Contractual annexation of 102.92 acres at the northwest corner of Everhart Road
and County Road 26, south of Saratoga Boulevard and approximately 11 acres along
Clarkwood Road approximately 3,650' south of Agnes Street.
Deputy City Manager Briones explained that there are actually two contractual
annexations to be considered during this hearing. He informed the Council that the
contract had been signed by the property owners and the Staff is not aware of any
problems with these annexations.
Mayor Jones ascertained that no one in the audience desired to comment on this
matter.
Motion by Turner that the hearing be closed, seconded by Best, and passed unani-
mously.
Motion by Dumphy that both tracts be approved for annexation, seconded by Turner,
and passed unanimously.
**********
Mayor Jones called for the ordinances. Deputy City Manager Briones briefly
explained the ordinances on the agenda.
Mayor Jones called for comments from the audience on the ordinances.
Mr. Clifford Cosgrove, 3302 Olsen, referred to the ordinance listed as "f" in
regard to the appropriation of $2,700 for an aerial photograph of the Bill Witt Park.
He objected to this expenditure because he said that there are already aerial photographs
,ailable in other governmental entities that the City could use.
Minutes
Regular Council Meeting
February 4, 1981
Page 11
Mayor Jones explained that this is an aerial photograph for planning the drainage
and a technique is to be used that provides the elevation and contours and this is
required to properly drain the area. He expressed the opinion that this is a reasonable
price for an aerial photographic map.
Speaking in regard to the ordinance pertaining to McArdle Road Street Improvements
was Mr. Joseph Hans, representing the owners of Padre -Staples Mall. Mr. Hans informed
the Council that they have worked with the City and the State for almost a year in order
to have this street wider but they are not aware at this time as to whether or not their
request had been incorporated in the ordinance to consider the full four -lane street
with a center left turn lane all the way from Crescent Drive to Holmes Drive.
Mr. James K. Lontos, Director of Engineering and Physical Development, stated that
he had received a letter from Urban Engineering requesting that McArdle be widened
another lane's width to allow for the center left -turn lane. He stated that in the
letter, the owners have indicated that they are willing to donate some right-of-way on
the north of the street rather than the south. He explained that the Staff had worked
with the owners of shopping centers to the south including H.E.B., Sunrise Mall, Cross-
roads Shopping Center and Padre -Staples Mall and at the time the designing process of
the street improvements began, it was not know whether or not the 12 -foot width could be
obtained from the owners of Padre -Staples Mall even though the other shopping center
owners had agreed to dedicate right-of-way so that a four -lane street with a left center
turn lane could be constructed. He pointed out that in view of the fact that the owners
of Padre -Staples Mall preferred to dedicate land from the north side, this would create
an acute offset in the street which would be dangerous. He explained that because of
this, from Staples to Holmes, the street would not be as wide as it would from Staples
to Crescent. Mr. Lontos also stated that J.C. Penney Company has provided land for a
right -turn lane but no one else in the Padre -Staples Mall had made a dedication of land.
He informed the Council also that the contracts have already been awarded by the State
Department of Highways and Public Transportation but the Staff would have to become
involved in a study if the Council decided to grant this request from Padre -Staples Mall
owners.
Mayor Jones indicated that he would like to examine this possibility and suggested
that this be postponed until next week.
Mr. Lontos explained that this request will not have anything to do with the
assessment hearing and suggested that the City go ahead with the ordinance that has
Minutes
Regular Council Meeting
February 4, 1981
Page 12 \,
already been passed setting the assessment hearing date.
Council Member Dumphy inquired of Mr. Hans if there has been a change in their
offer to dedicate right-of-way since this was first discussed.
Mr. Hans replied that Mr. Bevley and Mr. Smith, owners of Padre -Staples Mall, can
only give land from the north side but they did want McArdle wide enough to carry traffic
that cannot be handled by the expressway. Mr. Hans also expressed the opinion that
Williams Drive or some other street will become a major arterial street.
Mr. Lontos stated that the City Staff has never intended McArdle Road to be a
major arterial street and the Staff feels that the residential character of the neigh-
borhood should be retained because of the fact that nice homes are in the general area.
Also speaking in regard to this same matter was Mr. Roy Smith, one of the owners
of Padre -Staples Mall, who stated that he has done everything in his power to assist
the City on this matter. He informed the Council that he owned 24 acres between Sunrise
Mall and Padre -Staples Mall. He stated that they can donate 12 feet from the north side
of the land for right-of-way for the five moving lanes of traffic on McArdle Road and
there is only one small piece of land that they do not own. Mr. Smith assured the
Council that he has done everything possible as a land developer to improve this street
and the City, in general, and that he plans to expand the Mall on the land that he has
purchased for this purpose. He stated that it is very important that they have the
wider construction on McArdle Road. He requested that the Council consider his efforts
and consider approving the widening of McArdle Road from Nile Drive to Weber Road but
urged that the land be taken from the north side of his property.
Deputy City Manager Briones reminded Mr. Smith that at the time they were discussing
the plans, it was suggested that the owners of Padre -Staples Mall prepare an analysis of
their parking lot and entrances and inquired if this had been done.
Mr. Hans stated that they did that but there is a problem with the J.C. Penney
Traffic Coordinator, Mr. Peter, because he objects to any change. He assured the Council
that they plan to work with the State Department of Highways and Public Transportation,
Mr. Tom Stewart, Director of Traffic and Transit for the City, and their own engineers
to provide better traffic control but they do not want to do this until they physically
start enlarging the mall. He also stated that they have presented their plans to Mr.
Stewart so that the best ingress and egress can be decided upon.
Mayor Jones recalled that at the time this matter was first discussed, several
charts were displayed showing plans for the improvements to McArdle Road. He expressed
Minutes
Regular Council Meeting
February 4, 1981
Page 13
the opinion that the Council needs to examine the charts before any changes are made.
He pointed out also that the City has already delayed this project for almost a year
and inquired if action can be delayed for one or two weeks without creating problems.
Mr. Lontos stated that he was not aware that it would create too many problems
but there might be one in delaying the assessment hearing since the contract has already
been awarded by the State Deprtment of Highways and Public Transportation. He noted
that if the City orders the project to stop the City could be subject to damages. He
pointed out that delaying the public hearing would not have any effect on the plans at
all and the City could provide a report in two weeks on the alternatives.
Motion by Zarsky that the Council consider requesting a change order to this
contract, seconded by Turner, and passed unanimously.
Addressing the Council in regard to the second reading of the Food service ordi-
nance was Mr. Al Allison, Vice President of Church's Fried Chicken. Mr. Allison
questioned the fee involved and wondered about the reason for the changes. He expressed
the opinion that the size of the operation should not determine the price of the food
handler's permit and referred to the training situation that will be required.
An employee of the Health Department explained that the training is free of charge
and classes will be conducted three times a week.
Mr. Allison inquired as to why a permit is so necessary. He stated that they
realize that training is necessary but the ten hours that will be required will not make
that much difference to his company since they conduct continual training which they
feel is essential for their employees and managers. He informed the Council that his
company has a manual for employees and each and every person employed must comply with
the regulations. He expressed the opinion that the proposed health permit will not
really benefit restaurants.
Mayor Jones requested that Mr. Allison provide his suggestions in writing. Mr.
Allison stated that he would be glad to do so.
Council Member Turner agreed that some of the food establishments in Corpus Christi
have a rather extensive training program which might be much better than the one offered
by the Health Department.
Mayor Jones suggested that Mr. Allison discuss this with employees at the Health
Department.
Minutes
Regular Council Meeting
February 4, 1981
Page 14
Speaking in regard to the ordinance authorizing execution of an Industrial District
agreement with Southwestern Refinery Company, Inc. was Mr. Harold Alberts, Attorney, who
stated that he felt that if this is passed the people of Corpus Christi will be inflamed
because of the inclusion in the contract of Paragraph"e" which indicates that Southwestern
will be exempt from taxation on the land that they own inside the City limits. He noted,
in particular, that the City plans to subtract from that company's in lieu of taxes
the actual taxation they pay on the land that is inside the City limits. He then sug-
gested that all of Paragraph e be eliminated from the contract and urged that the
ordinance not be passed on first reading because it appears to be a very unusual deal
to benefit only one company.
Mayor Jones inquired of Mr. Alberts if he was speaking on behalf of a client. He
then pointed out that the Council has worked very hard on this and the contract with
Southwestern is exactly as was approved in November.
Mr. Alberts stated that he was sure that the Council meant to be fair but there
are facts that indicate that this is not an impartial deal because this does not apply
to all industries but only to Southwestern and a few other industries that might have
land and buildings inside the City. He stated that Paragraph"E"refers to this type of
situation and since most industries are not located partly inside the City limits and
partly outside the City limits it would be unfair to all of the other industries. Mr.
Alberts also stated that he is not representing anyone except himself and he is of the
opinion that if this ordinance passes, none of this Council will be reelected.
Council Member Zarsky asked for the City Attorney's opinion of Mr. Alberts' allega-
tions.
Mr. Doegey explained that this is under Article III and is just dealing with an
industry that pays a regular tax on land inside the City limits. He explained that
Paragraph e suggests an alternative method of calculation of the "in lieu of" fee and
read Paragraph e as it exists in the contract. He assured Mr. Alberts that this has not
been changed but is the one that was approved by the Council when they adopted the
ordinance authorizing the formation of Industrial Districts. He explained further that
the company will be paying taxes on the land inside the City limits but the Council
amended this portion before it was finally passed to allow for the deduction of that
tax from a company's "in lieu of" tax in order to encourage development inside the City
limits. He also stated that the property inside the City limits is not a part of the
istrial District.
Minutes
Regular Council Meeting
February 4, 1981
Page 15
Council Member Zarsky summarized by stating that this company will make the tax
payments on the land inside the City but the payment made will be deducted from the
"in lieu of" taxes that the company will make as an Industrial District. He agreed
that a company in this situation would make lesser payments as an Industrial District
than one that does not have property inside the City limits but explained that this was
allowed in order to encourage further development by companies who have land inside the
City limits.
Council Member Dumphy agreed and stated that this occurred because the Council did
not want a company that has land inside the City limits to feel limited in their expansion
plans on the land inside the City limits. He then inquired as to exactly how much less
money would be involved.
Mr. Steve Craven of the Budget Office explained that the Southwestern Refinery
Company payment would be $14,000 or $15,000 more if they were not allowed the credit
for taxes paid on land inside the City limits.
Mr. Doegey explained that this refers to property inside the City limits that does
not have to be contiguous to the City limits but could be anywhere inside the City limits
as long as it is an integral part of the company.
Council Member Dumphy stated that he would like to see the figures on this alter-
native plan.
Mayor Jones suggested that this ordinance be passed on first reading today because
otherwise other industries who might be considering signing the Industrial District
contract might be discouraged. He also expressed disappointment that Mr. Alberts did not
appear at any of the public hearings conducted by the Council prior to their passage of
the ordinance authorizing the formation of Industrial Districts even though the Council
had urged input from industries and their representatives in preparing the ordinance.
Council Member Best reiterated that the Council had conducted a number of public
hearings on this and Southwestern is the first company that has agreed to the Industrial
District contract.
Council Member Zarsky stated that apparently this is not as disastrous as Mr.
Alberts seem to think because it is just an inducement for those industries that have
land inside the City limits to locate facilities there.
Mr. Alberts stated that he did not think any other industries would even sign the
contract because they feel that most of the industries that do not have land inside the
City limits would be at a distinct disadvantage if special treatment is given to those
Minutes
Regular Council Meeting
February 4, 1981
Page 16
industries that do have land inside the City limits. He informed the Council that
industries, in general, are very upset about the inclusion of Paragraph e because they
feel it is discriminatory. He stated that they are willing to pay the "in lieu of"
taxes but they want everyone to pay equally. He pointed out that if nothing is changed,
Southwestern's taxes will be decreased every year. He referred to the "deduction" clause
and stated that even if taxes are increased Southwestern's taxes will still be at a fixed
rate.
Council Member Turner pointed out that the City will be appraising on current
market value each year.
Council Member Best pointed out that Southwestern is the only industry that has
agreed to sign the Industrial District contract which will add about $160,000 to the
City's income.
Mr. Alberts stated that he would like for all industries to sign the contract but
if this one is signed, other industries will refuse to sign a contract that they feel
is unfair to them.
Council Member Best asked Mr. Alberts why he did not come forward earlier and
Mr. Alberts explained that he had not seen anything in the media about the implications
of Paragraph e.
Council Member Best noted that representatives of Oscar Wyatt were present for
every hearing and every meeting concerned with the Industrial Districts but they had
never made a statement until today even though the Council urged companies to provide
input that would be workable but no one had ever addressed Paragraph e or even objected
to it. He stated that the document was prepared with the assistance of attorneys of
industries and no one seemed to object to this paragraph. He again stated that this
Council has worked very hard to prepare a contract that would be fair to everyone.
Mayor Jones expressed the opinion that the reason they are protesting this contract
now is because they might think that an entirely different Council will be in office
and perhaps they will not be in favor of Industrial District contracts.
Mr. Alberts assured the Council that he is not trying to sabotage the Industrial
District contracts because he feels that those industries that do not sign will be
annexed.
Council Member Turner requested that Mr. Doegey prepare a legal interpretation
of Paragraph e for the Council to study prior to next week's meeting.
Minutes
Regular Council Meeting
February 4, 1981
Page 17
Council Member Luna, who was just recently appointed to the City Council, pointed
out that although he had nothing to do with the approval of this contract he planned to
vote in favor of passage of it because he was aware that the Council had worked very
hard and deliberated at length before passing the Industrial District ordinance.
I Mayor Jones stated that hopefully the Council will have the information and a
legal interpretation of Paragraph e in their packets for Friday night and suggested that
Mr. Alberts be provided with the same information next Monday.
Mr. Doegey commented that Southwestern has submitted their contract with an estimate
of value and the Staff has some questions about their value which will be checked.
There were no further comments on the ordinances.
City Secretary Read polled the Council for their votes and the following ordinances
were approved:
FIRST READING:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NEWELL E.
FISHER, JR., DBA BG'S MARINA, CONCERNING USE OF TRACT 6 OF THE COASTAL
PUBLIC LANDS, BEING SITUATED ON THE INTRACOASTAL CANAL CROSSING ON
PADRE ISLAND CAUSEWAY FOR PURPOSES OF BUILDING AND OPERATING A BAIT
STAND BUSINESS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A
SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF,
MARKED EXHIBIT A. "
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Jones, Sample, Best, Dumphy,
Luna, Turner and Zarsky voting "Aye".
SECOND READING:
AMENDING SECTION 17-12 OF THE CORPUS CHRISTI CITY CODE TO COMPLY WITH
ARTICLE IX, SECTION 27 OF THE CHARTER OF THE CITY OF CORPUS CHRISTI SO
THAT THE PERIOD WITHIN WHICH NOTICE OF INJURY MUST BE GIVEN IS CHANGED
FROM NINETY DAYS TO ONE HUNDRED EIGHTY DAYS, AS PROVIDED IN THE
CHARTER. (First Reading - 1/28/81)
The foregoing ordinance was read for the second time and passed to its
third and final reading by the following vote: Jones, Sample, Best,.
Dumphy, Luna, Turner and Zarsky voting "Aye".
SECOND READING:
AMENDING CHAPTER 19 OF THE CORPUS CHRISTI CODE OF ORDINANCES REQUIRING
A FOOD SERVICE PERMIT OF ANY FOOD SERVICE OR FOOD PROCESSING
ESTABLISHMENT FOR A FEE OF $150 ANNUALLY FOR THOSE EMPLOYING MORE THAN
SIX PERSONS, $50 ANNUALLY FOR THOSE EMPLOYING LESS THAN SEVEN PERSONS,
$25 ANNUALLY FOR TEMPORARY FOOD SERVICE ESTABLISHMENTS, AND $50
ANNUALLY FOR RETAIL FOOD STORES; PROVIDING FOR REVOCATION OF SUCH
PERMITS; REQUIRING EMPLOYERS TO CERTIFY EMPLOYEE TRAINING IN FOOD
SERVICE SANITATION; ELIMINATING THE REQUIREMENT OF FOOD HANDLER
PERMITS, FEES, AND PHYSICAL EXAMINATIONS; REQUIRING EACH FOOD SERVICE
OR FOOD PROCESSING ESTABLISHMENT TO HAVE AT LEAST ONE PERSON IN CHARGE
OF THE OPERATION TO HAVE A VALID FOOD MANAGER'S PERMIT; PROVIDING FOR A
MINIMUM FINE OF $50; AND ESTABLISHING A FOOD SERVICE ADVISORY COUNCIL.
(First Reding — 1/28/81)
The foregoing ordinance was read for the second time and passed to tis
third and final reading by the following vote: Jones, Sample, Best,
Dumphy, Turner and Zarsky voting "Aye", Luna voting "Nay".
Minutes
Regular Council Meeting
February 4, 1981
Page 18
ORDINANCE NO. 16005:
APPROPRIATING $2,700 OUT OF THE NO. 291 PARK BOND FUND TO BE PAID TO
INTERNATIONAL AERIAL MAPPING COMPANY OF SAN ANTONIO FOR AN AERIAL
PHOTOGRAPH OF THE BILL WITT PARK, APPLICABLE TO PROJECT 291-77-9,
SOFTBALL COMPLEX; AND DECLARING AN EMERGENCY.
The•Charter Rule was suspended and the foregoing ordinance was passed
by the following vote: Jones, Sample, Best, Dumphy, Luna, Turner and
Zarsky voting "Aye".
ORDINANCE NO. 16006:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF
TEXAS, THROUGH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION, PROVIDING FOR THE STATE TO REIMBURSE THE CITY WITH
FEDERAL EMERGENCY RELIEF FUNDS FOR REPAIR WORK RELATED TO HURRICANE
ALLEN DAMAGE ON OCEAN DRIVE FROM THE ALAMEDA JUNCTION TO THE NAVAL AIR
STATION, TO THE ENNIS JOSLIN ROAD BRIDGE AND TO TRAFFIC SIGNALS, SIGNS
AND MARKINGS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed
by the following vote: Jones, Sample, Best, Dumphy, Luna, Turner and
Zarsky voting "Aye".
ORDINANCE NO. 16007:
CLOSING AND ABANDONING A PIPELINE EASEMENT GRANTED FROM ANNIE DUNN TO
THE CORPUS CHRISTI WATER COMPANY DATED SEPTEMBER 1, 1890 AND RECORDED
IN VOLUME U, PAGE 579, DEED RECORDS OF NUECES COUNTY, TEXAS, AND
CLOSING AND ABANDONING A PIPELINE EASEMENT GRANTED FROM ANNIE M. BYRNE
AND •HUSBAND, MICHAEL BYRNE, TO THE CITY OF CORPUS CHRISTI, DATED
FEBRUARY 17, 1893, AND RECORDED IN VOL. 27, PAGE 438 OF THE DEED
RECORDS OF NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed
by the following vote: Jones, Sample, Best, Dumphy, Luna, Turner and
Zarsky voting "Aye".
ORDINANCE NO. 16008:
AMENDING ORDINANCE NO. 15679 ADOPTING THE 1980-81 BUDGET BY
ESTAELISHING THE GOLF CENTER REVENUE FUND AND APPROPRIATING $203,731,
BASED ON ESTIMATED FCILITY REVENUES, TO PROVIDE FOR THE OPERATION OF
THE CORPUS CHRISTI GOLF CENTER FROM FEBRUARY 1, 1981, THROUGH JULY 31,
1981, AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed
by the following vote: Jones, Sample, Dumphy, Luna, and Zarsky voting
"Aye", Best and Turner voting "Nay".
ORDINANCE NO. 16009:
AMENDING THE COMPENSATION ORDINANCE, NO. 8127, OF THE CITY OF CORPUS
CHRISTI BY ADDING THERETO SECTION 609 TO PROVIDE THAT EMPLOYMENT FOR
THE CORPUS CHRISTI GOLF CENTER ON OR AFTER FEBRUARY 1, 1981, CERTAIN
POSITIONS TO BE CLASSIFIED AS NEWLY HIRED EMPLOYEES OF THE CITY AS MORE
FULLY SET FORTH HEREINAFTER; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN
EFFECTIVE DATE; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed
by the following vote: Jones, Sample, Dumphy, Luna, and Zarsky voting
"'-•e", Best and Turner voting "Nay".
Minutes
Regular Council Meeting
February 4, 1981
Page 19
ORDINANCE NO. 16010:
AMENDING SECTION 36-2 OF CHAPTER 36 OF THE CORPUS CHRISTI CITY CODE,
1976 REVISION, AS AMENDED, BY AMENDING SECTION 36-2, GREEN FEES
SCHEDULE, SO AS TO ESTABLISH A GREEN FEES SCHEDULE AND ELECTRIC GOLF
CART RENTAL FEES SCHEDULE FOR THE CORPUS CHRISTI GOLF CENTER; PROVIDING
AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed
by the following vote: Jones, Sample, Dumphy, Luna, and Zarsky voting
"Aye", Best and Turner voting "Nay".
ORDINANCE NO. 16011:
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH THE GOLF
PROFESSIONAL, THE ASSISTANT GOLF PROFESSIONALS AND THE CONCESSIONAIRE
AT THE CORPUS CHRISTI GOLF CENTER, ALL AS MORE FULLY SET FORTH IN THE
CONTRACTS, SUBSTANTIAL COPIES OF WHICH ARE ATTACHED HERETO AND MADE A
PART HEREOF, MARKED EXHIBIT "A, "B", "C" AND "D";
The Charter Rule was suspended and the foregoing ordinance was passed
by the following vote: Jones, Sample, Dumphy, Luna and Zarsky voting
"Aye", Best and Turner voting "Nay".
ORDINANCE NO. 16012:
AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION FOR $80,066
FOR SEVENTH YEAR FUNDING OF THE RETIRED SENIOR VOLUNTEER PROGRAM(RSUP)
TO THE ACTION AGENCY AND APPROPRIATING $5,439 AS A PORTION OF THE
CITY'S SHARE OF THE PROGRAM BUDGET, A SUBSTANTIAL COPY OF WHICH IS
ATTACHED HERETO, MARKED EXHIBIT 'A', AND, MADE A PART HEREOF;
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED CONTRACTS AND OTHER
NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE AFORESAID PROGRAM; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed
by the following vote: Jones, Sample, Best, Dumphy, Luna, Turner and
Zarsky voting "Aye".
ORDINANCE NO. 16013:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE
DEVELOPERS OF BRANDYWINE SUBDIVISION, NUECES DEVELOPMENT COMPANY, IN
ACCORDANCE WITH THE PROVISIONS OF THE PLATTING ORDINANCE FOR FUTURE
PARK DEDICATION, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED
HERETO AND MADE A PART HEREOF, MARKED EXHIBIT 'A'; AND DECLARING AN
EMERGENCY..
The Charter Rule was suspended and the foregoing ordinance was passed
by the following vote: Jones, Sample, Best, Dumphy, Luna, Turner and
Zarsky voting "Aye".
ORDINANCE NO. 16014:
AUTHORIZING EXECUTION OF AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY
AND NUECES COUNTY FOR SPONSORSHIP OF THE NUECES COUNTY MENTAL
HEALTH -MENTAL RETARDATION COMMUNITY CENTER TO PROVIDE COUNTY
SUPERVISION OF THE CENTER; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed
by the following vote: Jones, Sample, Best, Dumphy, Luna, Turner and
Zarsky voting "Aye".
Minutes
Regular Council Meeting
February 4, 1981
Page 20
ORDINANCE NO. 16015:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY
AND THE WATERCOLOR SOCIETY OF SOUTH TEXAS, A SUBSTANTIAL COPY OF WHICH
AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT
'A'•; AND DECLARING AN EMERGENCY.
The. Charter Rule was suspended and the foregoing ordinance was passed
by the following vote: Jones, Sample, Best, Dumphy, Luna, Turner and
Zarsky voting "Aye".
ORDINANCE NO. 16016:
AMENDING ORDINANCE NO. 8127, AS AMENDED, BY AMENDING SECTION 800
OVERTIME COMPENSATION, SUBSECTION 802 OVERTIME COMPENSATION, SO AS TO
PROVIDE FOR OVERTIME ALLOWANCE FOR ADDITIONAL CLASSES OF EMPLOYEES
UNDER THE CITY'S COMPENSATION PLAN, AS MORE FULLY SET FORTH
HEREINAFTER; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE;
AND ORDINANCE 3658, SECTION 250 AND ORDINANCE 8127, SECTION 510, BY
CHANGING THE FOLLOWING CLASS TITLES FROM LABOR AND TRADES TO
ADMINISTRATIVE, EXECUTIVE, PROFESSIONAL, AND LABORERS.
CLASS CODE
From To
700 073
724 077
727 082
728 097
729 098
742 099
AND BY CHANGING
ADMINISTRATIVE AND
CLASS CODE
From To
131 749 Transit System Supervisor III
AND BY CHANGING THE FOLLOWING CLASS TITLE FROM
SERIES TO THE GENERAL ADMINISTRATIVE AND CLERICAL
CLASS TITLE
CLASS GRADE
Assistant Equipment Maint. Superintendent
Sanitation Administrative Assistant
Equipment Maintenance Superintendent
Assistant Street Superintendent
Building Maintenance Superintendent
Radio Maintenance Superintendent
28
26
• 29
29
31
31
THE FOLLOWING CLASS TITLE FROM THE GENERAL
CLERICAL SERIES TO LABOR AND TRADES SERIES.
CLASS TITLE CLASS GRADE
CLASS CODE
From To
735 172
23
THE LABOR AND TRADES
SERIES:
CLASS TITLE CLASS GRADE
Field Representative
AND DECLARING AN EMERGENCY.
23
The Charter Rule was suspended and the foregoing ordinance was passed
by the following vote: Jones, Sample, Best, Dumphy, Luna, Turner and
Zarsky voting "Aye".
ORDINANCE NO. 16017:
CLOSING AND ABANDONING THE 10 -FOOT AND 20 -FOOT WIDE ALLEYS IN BLOCKS 9,
10, 11 AND 12, LA PASCUA NO. 2, AS RECORDED IN VOLUME 13, PAGE 50, MAP
RECORDS OF NUECES COUNTY, TEXAS RETAINING ALL OF SAID ALLEYS AS UTILITY
EASEMENT EXCEPT THE 100 FOOT LONG BY 20 -FOOT WIDE PORTIONS, MEASURED
FROM YOLANDA DRIVE, BETWEEN LOTS 36 AND 37, BLOCK 10, AND BETWEEN LOTS
41 AND 42, BLOCK 9, THE 104 -FOOT LONG BY 20 -FOOT WIDE PORTIONS,
MEASURED FROM YOLANDA DRIVE, BETWEEN LOTS 10 AND 11, BLOCK 11 AND
BETWEEN LOTS 15 AND 16, BLOCK 12; PROVIDING FOR REVERTING 10 FEET, OR
ONE-HALF OF ALL 20 -FOOT WIDE ALLEYS TO ABUTTING PROPERTY OWNERS,
PROVIDING FOR REVERTING ALL OF THE 10 -FOOT WIDE ALLEY IN BLOCKS 11 AND
BLOCK 12, LA PASCUA NO. 2 TO ABUTTING PROPERTY OWNERS TO THE WEST Ir'
LA PASCUA NO. 2 SUBDIVISION AS INDICATED ON ATTACHED EXHIBIT; A'
.ARING AN EMERGENCY.
The Charter Rule was suspended and the foreaoina ordinanrp WAR nARROa
Minutes
Regulir Council Meeting
Fobruary 4, 1981
Page 21
ORDINANCE NO. 16018:
APPROPRIATING OUT OF THE NO. 295 STORM SEWER BOND FUND THE SUM OF
$15,853, OF WHICH AMOUNT $12,034 REPRESENTS AWARD OF SPECIAL
COMMISSIONERS IN EXCESS OF PREVIOUS APPROPRIATION FOR ACQUISITION OF
FIVE PARCELS (GABRIEL TERRACE DRAINAGE OUTFALL, PROJECT NO. 295-72-2)
BY ORDINANCE NO. 15188; $1,050 IS FOR FEES FOR THE SPECIAL
COMMISSIONERS; $102 IS FOR AERIAL PHOTOGRAPHS; AND $2,667 IS DUE THE
APPRAISER FOR APPRAISAL SERVICES AND APPEARANCE IN COURT
IN CAUSE NO. 810-3, CITY OF CORPUS CHRISTI V. PETERSON PROPERTIES,
INCORPORATED, IN CONNECTION WITH ACQUISITION OF PARCELS FOR THE GABRIEL
TERRACE OUTFALL AND APPURTENANCES THERETO; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed
by the following vote: Jones, Sample, Best, Dumphy, Luna, Turner and
Zarsky voting "Aye".
ORDINANCE NO. 16019:
CLOSING AND ABANDONING A PORTION OF EASEMENT GRANTED TO HUMBLE PIPE LINE COMPANY AS
RECORDED IN VOLUME 227, PAGES 346 AND 347, DEED RECORDS OF NUECES COUNTY, TEXAS, SAID
EASEMENT PREVIOUSLY ASSIGNED TO THE CITY OF CORPUS CHRISTI AS RECORDED IN VOLUME 1319,
PAGE 249, DEED RECORDS OF NUECES COUNTY, TEXAS, SAID PORTION OF PIPELINE EASEMENT TO
BE CLOSED BEING LOCATED ACROSS THE NORTH ONE-HALF OF LOT 25, SECTION 18, FLOUR BLUFF &
ENCINAL FARM & GARDEN TRACTS, PROVIDED THE OWNER FURNISHES AN ALTERNATE EASEMENT FOR
THE FOUR -INCH GAS PIPELINE; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Jones, Sample, Best, Dumphy, Luna, Turner and Zarsky voting, "Aye".
FIRST READING:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT
AGREEMENT WITH SOUTHWESTERN REFINING COMPANY, INC., FOR A TERM OF SEVEN
(7)'YEARS COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA TO BE KNOWN
AS "CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 1"; EXEMPTING SUCH AREA FROM
ANNEXATION AND PROVIDING FOR AN ANNUAL PAYMENT IN LIEU OF TAXES TO THE
CITY DURING THE TERM THEREOF; ALL AS MORE FULLY SET FORTH IN THE
INDUSTRIAL DISTRICT AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED
HERETO AND MADE A PART HEREOF, MARKED EXHIBIT 1.
The Charter Rule was suspended and the foregoing ordinance was passed
by the following vote: Jones, Best, Dumphy, Luna, Turner and Zarsky
voting "Aye", Sample abstaining.
ORDINANCE NO. 16020:
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT
BETWEEN THE CITY OF CORPUS CHRISTI AND EDGAR MOORE AND JAMES EWING, A
TRUE COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF,
MARKED EXHIBIT 'A', AND INCLUDING EXHIBITS THERETO, AS THOUGH FULLY SET
FORTH HEREIN, AFTER THE NOTICE AND HEARING,, FOR THE ANNEXATION OF
102.92 ACRES OF LAND OUT OF LOTS 3 AND 4, SECTION 11, BOHEMIAN COLONY
LANDS, MORE PARTICULARLY DESCRIBED HEREINAFTER ,BY METES AND BOUNDS;
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 was passed
by the following vote: Jones, Sample, Best, Dumphy, Luna, Turner and
Zarsky voting "Aye".
Minutes
Regular Council Meeting
February 4, 1981
Page 22
ORDINANCE NO. 16021:
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT
BETWEEN THE CITY OF CORPUS CHRISTI AND A. C. WHITLOCK, A TRUE COPY OF
WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED
EXHIBIT 'A', AND INCLUDING EXHIBITS THERETO, AS THOUGH FULLY SET FORTH
HEREIN, AFTER THE NOTICE AND HEARING, FOR THE ANNEXATION OF
APPROXIMATELY 7.8 ACRES OF LAND OUT OF THE THOS. GALLAGHER 400 ACRE
SURVEY NO. 402, ABSTRACT 988, REFERENCE DEED 209-587, HIGHWAY RIGHT OF
WAY 885, 56, NUECES COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED
HEREINAFTER BY METES AND BOUNDS; 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 was passed
by the following vote: Jones, Sample, Best, Dumphy, Luna, Turner and
Zarsky voting "Aye".
ORDINANCE NO. 16024:
APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR
OF ENGINEERING AND PHYSICAL DEVELOPMENT, SHOWING ESTIMATES OF THE
VARIOUS COSTS FOR THE IMPROVEMENTS OF THE FOLLOWING STREET IN THE CITY
OF CORPUS CHRISTI, NUECES COUNTY, TEXAS:
McArdle Road from Holmes Drive to Crescent Drive;
DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AS ASSESSED
AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY
OF CORPUS CHRISTI, DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT
AGAINST SAID ABUTTING PROPERTY: ORDERING AND SETTING A HEARING TO BE
HELD'ON MARCH 4, 1981, AT 3:00 P.M. IN THE CITY COUNCIL CHAMBERS, IN
THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO GIVE NOTICE OF
SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND CHARTER
OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed
by the following vote: Jones, Sample, Best, Dumphy, Luna, Turner and
Zarsky voting "Aye".
* * * * * * * * * *
Mayor Jones called for petitions or information from the audience on matters not
scheduled on the agenda.
Mr. Joseph Hans, representing Padre -Staples Mall, stated that they had hand delivered
n letter to the City Secretary in regard to the fact that six months from August of 1980
their zoning ordinance will be void. He explained that they are entitled to a six months
extension of their zoning and they hope to complete their work as soon as possible and
they would like to have an extension of their special permit.
. Deputy City Manager Ernest Briones informed Mr. Hans that the Council cannot act
on this matter today because it has not been properly posted.
Minutes
Regular Council Meeting
February 4, 1981
Page 23
Motion by Dumphy that this matter be listed on the agenda next week, seconded by
Turner, and passed unanimously.
***********
There being no further business to come before the Council, on motion by Sample,
seconded by Luna, and passed unanimously, the Regular Council Meeting was adjourned at
4:25 p.m., February 4, 1981.