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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.